CHRONICLES OF THE SCOTCH-IRISH SETTLEMENT OF VIRGINIA; Vol 2, pp 104 - 106 by Lyman Chalkley http://www.rootsweb.com/~chalkley ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ John, died, leaving widow and children, viz: orators and a daughter; wife of John Wilson, and several grandchildren, sons and daughters of daughter who had married John Paul and who died before her father. Preston vs. Harvie--O. S. 88; N. S. 30--Bill in Equity to order new trial at law. Paxton's Heirs vs. Paxton's Widow--O. S. 89; N. S. 30--Bill, 20th March, 1806. Orators are viz: James and Elisha Paxton, James Prior, David Sawyers and Betsey, his wife. William Paxton died intestate, 1796, owning land in Rockbridge and Amherst, leaving Ellenor Paxton his widow; Joseph Paxton; Polly Paxton, who married Saml. Greenlee; James Prior, a grandson (son of _____ Prior and Sally, his wife, who was daughter of intestate and had died before intestate, leaving said Joseph (?) her only child); John Paxton; Joseph Gilmore and Sarah, his wife, a daughter of intestate; David Sawyers and Betsey, his wife, also a daughter of intestate; Isabella Paxton, since married to Andrew Alexander; William, James and Elisha Paxton, his heirs-at-law. Polly Paxton died after intestate, unmarried. Susannah Gilmore also died intestate after her father, leaving issue, viz: Madison, Paxton, Polly and James Gilmore, all infants. Rinker vs. Rinker--O. S. 89; N. S. 30--Bill, 29th March, 1805. Orator is Jacob Rinker, son and executor of Casper Rinker of Frederick County. Casper died 17th February, 1804. Widow Mary answers (6th July, 1806) that she and her husband settled near Winchester 49 years ago. Casper Rinker's will dated 22d April, 1802, of Frederick County. Wife, Mary; son, Jacob; daughter Mary, wife of John Rodgers; daughter Elizabeth, wife of Jacob Allemong; daughter Catherine, wife of William Chenowith; grandson, Casper Rinker; granddaughter, Catherine Allemong, now wife of Andw. Hieronimus; grandson Casper Rinker and Ephraim Rinker, son of Jacob Rinker of Shenandoah County. Proved in Frrderick, 3d April, 1804. Shinn vs. Dean--O. S. 89; N. S. 30--Before 1779 Nicholas Shinn, deceased, father of orator George Shinn (heir-at-law), was assignee of a claim to land in Monongalia County from James Johnston. Orator is now just 21 years old and a few months. His mother, Catherine Shinn, moved with orator to Pennsylvania, where they have resided. Thomas Mahan has defrauded him out of the land by inducing a transfer to James Johnston. Thomas Mahan has died leaving children, Margaret, Thomas, and James Mahan. Johnston has also died leaving children, Valentine, Ann, Catherine, Amelia, and James Johnston. Answer by Valentine Johnston, Ann Robinson, formerly Ann Johnston, who married William Robinson (now deceased) and Catherine Johnston, sworn to in Muskingum County, Ohio, 1805. Answer of John Wilson Dean; Elijah Burrows, brother of Boaz Burrows. George Shinn, Sr., deposes that George, Jr., was two years old at his father's death. He had two sisters, viz: Elizabeth and Mary. Col. David Scott deposes. Nicholas and George Shinn were brothers. Deed 9th August 1796. James Johnston and Catherine, his wife, of Monongalia, to John W. Dean, conveys settlement made in 1775. Proved at October Court, 1796. Van Swearingen (Swearingenham) vs. Abraham Shepard--O. S. 90; N. S. 30--Orators are, viz: Ellzey Swearingen, Zachariah Swearingen, Drucilla Brady, late Swearingen, Van Swearingen, Thomas Swearingen, 104 Benjamin Stephenson and Lucy, his wife, late Swearingen, heirs and devisees of Van Swearingen, Jr. Jeremiah Yorke obtained a deed from Fairfax in 1751. Defendants are Wm. Chapline, son and heir of Benj. Chapline, deceased, who was son and heir of Wm. Chapline, deceased. The land was sold by Hite to John Browning, who devised it by will 7th August, 1741, to his sons George and Nicholas Browning, and daughter Rosamond Browning. George devised to Joshua Browning. Nicholas Browning died, leaving John Writson Browning heir-at-law. Rosamond married William Keating. Van Swearingen's will of Ohio County, Va., dated 1st November, 1793. Son Ellzey. Son Zechariah. Daughter Drusilla Brady. Grandsons Van and John Brady. Wife Eleanor. Her three children viz: Van, Thomas, and Lucy Swearingen. Legatee Sarah Brown, daughter of Nancy Brown. Kinchalo vs. Nessley--O. S. 92; N. S. 31--Bill, 1802. In 1772, Daniel Kincheloe improved 900 acres in Monongalia County (now Wood County). Answer says William Stewart made the first settlement and sold to Michael Tygart, who sold to David Shepherd. James Neale, Sr., deposes 15th November, 1803, at the house of Cap. Robt. Kincheloe in Wood County, that he became acquainted with the lands in 1772. Mark Hardin deposes, 31st October, 1805, in Washington County, Ky., that in 1772 he was with a company (including Daniel Kincheloe) who made an improvement for Daniel and never saw any improvement there before. Tygart's Creek was formerly called Grape Creek. Deed 15th September, 1792. David Shepherd and Rachel to Jacob Nessley, recorded in Superior Court for Harrison, Monongalia, Ohio, and Randolph 21st September, 1793. Conveys land in Harrison County, formerly Monongalia, on Little Kenawha, including his settlement made in 1773. Deed 15th September, 1792, same parties as above, recorded as above. Patent 16th January, 1787, to David Shepherd, assignee of Abraham Shepherd, assignee of Magnus Tate; 600 acres in Harrison County. Walker vs. Preston--O. S. 93; N. S. 31--William Walker, late of Washington County, died intestate, leaving widow, Elizabeth, and eight children, viz: Nancy (m. Wm. Gallehan), Betsey (m. Wm. Carmack), John, William, Peggy (m. Elijah Tancray), James (infant), Lucy (infant), Elsy (infant). At William's death all were infants except John. In 1773 Henry Dougherty made a settlement on Laurel Fork of Holston River. Dougherty sold to John Newland, who sold to James Crabtree, who sold to William Walker, deceased. William Crabtree deposes he knew the land as a hunter, 1772-1779. Mrs. Nancy Tate, a settler, deposes. Robert Fowler, a settler, 1779, deposes. James Crabtree, a settler, deposes, Robertson County, Tenn, 1805, that his deposition was formerly taken in Russellville, Logan County, Kentucky. Aaron Lewis, a surveyor, deposes, 1804, in Russellville, Logan County, Kentucky. Andrew Marshall deposes that John Dougherty left the county in 1778 and Henry Dougherty in 1779. James Crabtree deposes that in 1780 or 1781, Wm. Walker settled on Laurel Fork. Elisha Dungans, a settler, deposes that Wm. Walker in 1778 or 1779 moved to Middle Fork of Holston. James Tosh deposes he knew no improvement earlier than Parson Terry's. James Stokes lived on it at one time. Charles Thurman deposes he was married in June, 1790, and William Walker, died the winter before. Robert Dennison deposes that Henry and John 105 Dougherty moved from this country in fall of 1779. Joseph Dougherty lived on Reed Creek. Deponent is brother-in-law to the Doughertys. William Allen and Rachel, his wife, vs. Kindrick--O. S. 94; N. S. 32--Bill, 2d August, 1805. Rachel is daughter of John Kindrick, late of Washington County. She and William were married in 177_, and lived in Botetourt until 1782, when John came and invited them to come to Washington, where he promised them a piece of land, for which they sue. Rachel had a brother, John. John Kendrick, Sr., died 1800 or 1801, intestate, leaving a large family, which descended to Thomas and John Kendrick, Mary Kendrick, who married John Burks, and Rachel. Brown vs. Johnston--O. S. 94; N. S. 32--Orator, John Brown. John Brown, grandfather of orator, on 17th January, 1752, made entry in Augusta on Middle River, then died with will recorded in Augusta, devising the entry to his oldest son, Thomas Brown. Thomas died in 1773 intestate, leaving orator an infant, his heir-at-law. Zechariah Johnston made a conflicting survey and died testate, and devised same to sons Zachariah and Alexander Johnston. James Philips, father of John, made an entry on the land 23d November, 1769, and on 5th July, 1774, patent issued to John Philips, heir-at-law of James. John Philips in 1806 is living in Kentucky. Beard vs. Henderson--O S. 94; N. S. 32--Bill, 7th October, 1801. Orator, John Beard of Brooke County. In 1779 Robert Morris, Lawrence Meredith, George Clymer, Bernard Dougherty entered into partnership to purchase lands on the frontier, of whom Bernard was agent. He bought from William McMahan two tracts of 400 acres each on Ohio River, in Mingo Bottom in Yohogania County, afterwards Ohio, now Brooke. Long before 1778 Daniel Greathouse had made a settlement and improvement there, and by deed dated 13th July, 1775, sold to William McMahan. John Greathouse also had made settlement and improvement on the other tract and likewise conveyed by deed 30th October, 1777. On 19th April, 1790, Bernard conveyed to the Company. On 30th March, 1793, John Beard contracted with the Company for 563 acres on the Mingo Bottom. John Henderson had a conflicting title. He died in January, 1798, leaving Alexander, Angus, John, Duncan, Isabella, Mary and Jane Henderson (all minors); John Scott and Rebecca, late Rebecca Dougherty, defendants. John Greathouse deposes at Charlestown in Brooke County, in 1803, that in 1771 Daniel Greathouse improved and settled in the Mingo Bottom, and deponent improved part of the same tract in 1774. In 1775 Daniel sold to Wm. McMahan. Henry Wells deposes that John Henderson died about middle of January, 1798. George Cox deposes, settler about 1771 or 1772. Richard Ellson deposes, about the Greathouse settlement. Braden vs. Braden--O. S. 95; N. S. 32--Edward Braden died in Augusta in 1805, June, intestate, leaving widow, since deceased. George Anderson and Mary, his wife, Henry Headrick and Hannah, John Braden of Tennessee, Peter Jones and Martha, George Braden, Elizabeth Braden, Ann Buckley, wife of John Buckley, Edward Braden, Jinney Holmes, wife of James Holmes, Sarah Russell, wife of Joseph Russell. Butt vs. Kisler--O. S. 95; N. S. 32--Bill, 26th April, 1796; In 1792 Henry Butt bought of Frederick Kistler land in Rockingham, title to which was in Fredericks' father-in-law, Peter Rowlair. In October, 1792, Kistler moved to Georgia. On 2d September, 1805, Erronemous Deck is about 106