CHRONICLES OF THE SCOTCH-IRISH SETTLEMENT OF VIRGINIA; Vol 2, pp 107 - 113 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. ************************************************************************ to remove to Tennessee. Peter Roler's will in Rockingham, dated 18th January, 1797. Wife Elizabeth; son John; son Conrad; son Peter; daughters Catharine, Christina, Elizabeth and Susannah. Proved in Rockingham, January Court, 1798. Colesby Chew, heir of James Chew, deceased, of Berkeley County, vs. Scott--O. S. 96; N. S. 32--Bill, 4th March, 1794. In 1769 Philip Doddridge settled on a tract in Monongalia and David Scott tried to evict him, but they compromised. The Indians drove Philip off, but he returned, and then sold to James Chew, father of orator. Scott claimed title and conveyed to son, James Scott, and son-in-law, Stephen Gapin. Answer says in 1768 David Scott settled and took possession. Philip came and squatted in 1769. It was customary in such cases for the neighbors to collect and drive off a person who had intruded on another (for they had no legal titles or courts in which their titles could be asserted) and David assembled his neighbors to oust Philip. But when they came to the land it was agreed that if Philip would actually settle with his family on the place and become a neighbor, they would not interfere with him. Clarke & Slaughter vs. Morris's Heirs--O. S. 96; N. S. 32--Bill, 25th July, 1804. Orators are Robert Clark and Reuben Slaughter, assignees of John Morris, Jr. They claim a tract in Kenhawa County. William, Carroll, and John Morris are sons and heirs of William Morris, deceased. John Hansford and Jane, his wife, Charles Venable and Caty, his wife, and Cynthia Morris, which women are daughters and heirs of William Morris, deceased. David Melburn, guardian of John Harman (Harriman), son and heir of Shadrack Harman, deceased. Thomas Tease and William Neal (defendants) have a counter-claim. The land lay in Tease's Valley and was patented by William Morris. Shadrack Herrman, Thomas Tease and William Neel. Answer of Wm. Neel sworn to in Wythe County. Deed 4th October, 1802, John Morris and Mary Anne, his wife, to Ruben Slaughter (all of Kenawha). Recorded in Kenawha County, September, 1804. Lewis Tackett deposes in Kenawha, where the "Kentucky Trace" ran up the Great Hurricane Creek. James Calfee vs. Carter--O. S. 97; N. S. 33--Bill, 1805. Orator, James Calfee, is nephew of William Calfee, died 1801, very aged and without children. Orator and his brother William, now deceased, took care of him. He died April, 1801, testate, devising all his real estate to his wife, Mary. In 1805 Mary, aged 74, married George Carter. There is also a bill by James Calfee and William Calfee, executors of William Calfee, Jr., deceased. William, Jr., deceased, was nephew of William Calfee, Sr., late of Wythe County, who died 1801. Mary Carter answers she had made her will devising her estate to said James and William, John Hurst of Kentucky, and a niece, Miss Mary Carson, of Shenandoah. William Calfee's will, of Wythe County, dated 10th August, 1795. Wife, Mary; nephews, William and James Calfee, sons of his brother, John Calfee and Sarah, his wife. Proved in Wythe County 9th June, 1801. William Calfee's will of Wythe County, dated 16th September, 1801. Wife, Mary; devisees, John and Samuel Calfee; son, William; son, James; uncle, William; brother, James; daughter, Nancy Calfee; daughter, Elizabeth. Proved in Wythe County, 13th October, 1801. John Hurst was William Calfee, Sr.'s, nephew. 107 Argenbright vs. Campbell--O. S. 97; N. S. 33--Bill, 1804. Refers to a former suit between the parties in Augusta County, and High Court of Chancery. This is a bill by Augustine Argenbright vs. the heirs of John Campbell of Augusta. Writ to Greenbrier County, 1803, to summon Hanna Campbell, devisee and executrix of John Campbell, Jane Smith and John Handley. Deed by John of Augusta County, 1794. Answer by Hanna Cottle, late Campbell, daughter of John. John Handley married a daughter of John Campbell. Jane Smith was one of John Campbell's daughters. Andrew Campbell married Rebecca, a daughter of John. Dunlap's Heirs vs. Hamilton's Heirs--O. S. 100; N. S. 34--Orators are viz: John, Robert, Alexander, William and Polly Dunlap, David McKee and Anne his wife, William Denniston and Peggy his wife, Samuel McCutchin and Nancy his wife, children and legatees of Robert Dunlap. Robert Dunlap died 1781 testate, will in Rockbridge. His wife was Mary. Alexander Hamilton qualified as executor and died intestate, having first conveyed all his estate to sons James and Charles Hamilton. Mary Dunlap married James Coursey, 3d February, 1785. Robert Dunlap had a brother, Alexr. Dunlap, and a brother, John. Robert Dunlap's will dated 23d January, 1781, of Rockbridge. Wife, Mary; son, William, eldest; devisee, Alexander Dunlap; son, Alexander Dunlap, 2d son; daughter, Ann, eldest; daughter, Margaret, 2d daughter; son, Robert, land in Kentucky; son, John; daughter, Mary. Proved in Rockbridge 5th March, 1782. Deed 14th February, 1792. Alexr. Hamilton, of Bath, to James Hamilton, of Bath. Natural love and affection. Proved in Bath, February, 1792. Will of John Dunlap of Rockbridge, dated 25th February, 1804. Wife, Ann; son, Alexander, land in Kentucky; daughter, Elizabeth Gay and her son Robert Gay, 3,000 acres including the old town of Cilicotha, on the Ohio; son, James, part of Chilicotha above; daughter, Ann Bratton, part of Chilicotha above; daughter, Mary Hodge, part of Chilicotha, her son, Saml. Hodge. To Lebanon Meeting House, $20 to be laid out in helping to raise a gallery in said house for the use of negro slaves. Proved in Rockbridge, 3d April, 1804. Gerard Brisco vs. Isaac Williams and Rebeccah and Joseph Tomlinson--O. S. 103; N. S. 35--Bill in Harrison County. In spring of 1772 Gerard Brisco, John and Permenus Brisco and Joseph West became adventurers in the Western country. Wheeling was their object, but they found the lands already taken. In talking with sundry of the settlers and particularly with Joseph Tomlinson, _____ Martin, now deceased, late husband of Rebekah Martin, now wife of Isaac Williams, and by their advice they went down the Ohio to mouth of Muskingum and took possession of the place afterwards called Point Poteeme (Patience?) which was allotted to John Brisco, and the land opposite to Gerard Brisco. Orator came from Maryland. William Crawford, a surveyor of Augusta, was murdered by the Indians. _____ Martin, Rebecca's husband, was killed while hunting or trading with the Indians. Answer states, in fall of 1769 Samuel Tomlinson improved and settled the land and finally, in 1773, with Benj. Tomlinson, went there with a canoe of provisions. Rebecca was sister of Samuel Tomlinson, then Rebecca Martin, widow of John Martin. Samuel, Benjamin and Joseph were brothers. Permenus Briscoe and John Wilson depose in Woodford County, Kentucky, 108 December, 1795. Nathaniel Tomlinson was also at Wheeling. John Wilson was one of the first party with Brisco in 1772. Gen. John Nevill deposes in Pittsburg. Benj. Tomlinson, aged 44, deposes in Allegheny County, Maryland, 14th April, 1796. Hobbs vs. Hobbs--O. S. 103; N. S. 35--Bill, 2d August, 1805. Orator is James Hobbs. In 1773, orator made a settlement in Washington County, on North Fork of Holston, but left it for some time, during which he was considered dead, but returned and found that his father, Vincent Hobbs, had sold to William Williams. Orator enlisted in a company to go against the Indians, and was on the frontier 21 years, during which time Williams had sold to John Kindrick. John completed his title and died, leaving Thomas Kindrick, Jno. Kindrick, Jno. Burks and Mary, his wife, William Allen and Rachel, his wife, and Elizabeth Kindrick, widow. Hunters' Heirs vs. Gray's Executors and Devisees--O. S. 103; N. S. 35--Bill, 15th November, 1803. Orators are Moses, David and Ann Evelina Hunter, infants, heirs of Moses Hunter, deceased. That father of orators in 1785 bought a tract in Berkeley County from Hugh Gray, deceased. Hugh Gray died March, 1787, testate, will in Berkeley. Wife Alice, sons William and James. Moses Hunter died August, 1798, intestate, leaving orators his only children and heirs. Answer by Alice Gates, late Alice Gray, executrix of M. Hunter. Hugh Gray's will in Berkeley County dated 7th March, 1787. Wife, Alice; sons, James and William; brother, William; daughter, Sally; daughter, Alice; daughter, Jane. Proved in Berkeley, 17th April, 1787. Samuel Kercheval vs. Hotsinpillar--O. S. 103; N. S. 35--Bill, 25th April, 1806. Many years ago Elizabeth Marker (late Elizabeth Seagle, widow of Dr. Frederick Seagle, deceased, who was a surgeon in Eighth Virginia Regiment, and who died in the service in the Revolutionary Army, applied to him, plaintiff, that she had never been able to obtain a liquidation of her claim for her husband's services; proposed to him to collect on a commission of one-half. Dr. Seagle had an only daughter, who was sole heiress, named Amelia Seagle, who has since married Jacob Hotsinpillar, who afterwards went to Ohio. Light vs. Thompson--O. S. 104; N. S. 35--Bill, 1803--On 3d October, 1734, there was patent to Morgan Bryan of a tract on Opeckon in Berkeley County which is now possessed by orator. John Light, who bought from Peter Light, deceased, in 1790. Morgan Bryan conveyed to Hugh Parker, who died many years ago, probably in North Carolina, who devised to John Frohock, Esq., who died intestate (also probably in North Carolina), long before 30th June, 1773, and the land descended to William Frohock, brother and heir of John. Alexander Montgomery and Elizabeth, his wife, vs. Madison--O. S. 105; N. S. 35--Bill, 2d August, 1805. Elizabeth is only daughter of John Robinson, who owned land on Roanoke and was killed by Indians about 1756, Elizabeth being then only two years old. Thomas Robinson was a brother of John. Alexander and Elizabeth married in 1772. (This suit is a sequel to suits in County Court, wherein it appears that James Robinson sent his son John from Pennsylvania to Virginia, to buy lands. &c., &c. See Co. Ct. notes.) Answers of Garnett and John H. Peyton show that they each married a daughter of Elizabeth and William Madison (who was son of 109 John) Garnett married Agatha S., and John H. married Susanna. (Land is in Montgomery County.) Thomas Robinson lost his life at the big defeated Camps on the other side of Cumberland Mountain. All his family were either killed or taken prisoner. Orators live in Kentucky. Hugh Crockett deposes he came to the Roanoke country in 1749 and the Robinsons were already there. Hugh's sister married John Robinson? The Crocketts and Robinsons had been neighbors in Lancaster, Penn. Thomas, William, and Samuel were sons of James Robinson, who had six sons. Samuel Crockett was brother of Hugh. John Robinson came to Roanoke in 1743 or 1744. James Robinson, grandson of the original James, aged 67 years, deposes that previous to 1757 he lived in Augusta about 107 miles from the land in controversy. He moved to the Roanoke country in 1762 or 1763. John Robinson's wife, mother of oratrix Elizabeth, was Mary. William Davis deposes they were married 1752 or 1753. John was called Long John. William Davis deposes, 5th May, 1808, in Abingdon, that he was born 15th February, 1733, old style. John Draper, Sr., deposes, 5th April, 1806, that Jno. Robinson came to Roanoke in 1745. The sons of James were John, William, Samuel, Thomas, Joseph. John Draper's first wife was a sister of John Robinson's. He was married April, 1754. Col. William Robinson deposes, Fayette County, Kentucky, 27th April, 1806, that John Robinson owned the land, sold it to Kennedy for a negro which he had seen in possession of his sister, mother of Elizabeth. Col. William is brother of Col. David Robinson, lately deceased. James Robinson was dead when deponent first knew the family in 1751. John died in 1756. Mary Montgomery, mother of Elizabeth, deposes same time and place as above. James Montgomery, husband of Mary, deposes as above. Elizabeth and Alexr. were married in 1774. James married Mary in 1760. Monroe vs. Austin--O. S. 106; N. S. 36--Governor of Virginia sues Austin & Payne for failure to perform contract to deliver 20 tons of pig lead to the State at the lead mines in Wythe. McCormick vs. O'Bannion--O. S. 106; N. S. 36--Orator is George McCormick of Berkeley or Frederick or Jefferson. Bryant O'Bannion died testate; wife, Elizabeth; son, John. Francis McCormick died July, 1794. James McCormick died April, 1803. Briant Obannion's will of Norbonne Parish, Berkeley County, dated 19th April, 1784. Devisees, Samuel Obannion and Enoch, his son. Proved in Berkeley, 15th June, 1784. Francis Whiting deposes that in 1785 he commenced practise of law in Berkeley. He has resided in Berkeley upwards of 30 years, his services in Revolution and study of law at Wm. and Mary's College in 1783 and 1784 excepted. Marshall vs. Brewbaker--O. S. 106; N. S. 36--Deed by Abraham Brubaker, Sr., and Barbara, his wife, of Shenandoah, to Lewis and John Plessing. Dated 25th April, 1795. Recorded in Shenandoah County, 9th June, 1795. Tract in Shenandoah. Joseph Switzer and Elizabeth, late Lockhart; Joseph Polk and Mary, his wife, late Lockhart; Margaret and Susanna Lockhart, coparceners of William Lockhart, deceased, vs. Graham--O. S. 107; N. S. 36--Bill 20th July, 1804. William died after 1787. Paul vs. Paul--O. S. 107; N. S. 36--Petition for a new trial at law from Rockbridge. Bill, 1798. In May, 1798, decree was entered in Rockbridge County Court at suit of Andrew, Easter, Jean, Jennet Paul, James Beaty 110 and Isabella, his wife, Joseph Weir and Margaret, his wife, heirs of John Paul, deceased, upsetting John Paul's will. Orator here is John Paul. Mary Paul was John's widow. Bill was filed in Rockbridge 1795. John Paul died in 1794, very aged. John Paul's will dated. Wife, Mary; son John and his two eldest sons, John and Andrew; daughters, Easter, Jan, and Jenney, Isabella Betsy, (Mary Paul, John's daughter?) son, James; son, Andrew; Mary Ray; Ester Ray, granddaughter. Dated 11th May, 1794. Offered in Rockbridge 6th January, 1795, but Court refused to allow it to be recorded, but 1st September, 1795, by order of District Court it was recorded in Rockbridge. Answer says John Paul, Sr., died 28th September, 1794, 78 years old. Ochiltree vs. Ochiltree--O. S. 107; N. S. 36--Bill, 22d November, 1804. Orators are: Mathew Okletree (in his own right and as attorney-in-fact for James Okletree and Elizabeth Okletree, widow and administratrix of Robert M. Waugh, administrator of John Okletree, deceased). John Okletree, deceased, and James Okletree and orator are sons and representatives of Mathew Okletree, Sr., deceased. Mathew, Sr., had two other children, viz: Elizabeth and Thomas. Said Mathew was only brother to Michael Okletree, deceased, the testator of defendants. Michael had no sisters. Michal died testate, will dated 11th May, 1799. Michael Okletree's will of Botetourt County. Wife, Elizabeth; brothers and sisters. Proved in Botetourt, June 1799. Power of attorney by Elizabeth Ockeltree, widow and administratrix of John Ockeltree, late of White Clay Creek Hundred, and County of New Castle, Delaware, deceased, and Robert M. Waugh, administrator to Mathew Ockeltree, dated 23d May, 1803. Similar power of attorney by James Ockeltree of Mill Creek Hundred, New Castle County, Delaware, to Mathew Ockeltree of Cecil County, Maryland. Deposition in New Castle County, Delaware, that Mathew and Michael Ockeltree were brothers. Mathew had five children, Elizabeth, James, John, Mathew and Thomas, all alive in 1803, except John, who died December, 1802, leaving Elizabeth, widow, and six children. Pirkey vs. Pirkey--O. S. 107; N. S. 36--Orator is Jacob Perkey, of Rockingham, son and heir-at-law of Henry Pirkey, who died 1760. In 1753 Henry entered 400 acres in Augusta County. His widow made an inclusive survey for their two sons. Henry and John, to exclusion of orator. Orator's brother John died testate, devising the land to his sons, Henry and Jacob. Answer says Henry Perkey died testate in 1761, will in Augusta. John Pence deposes, 1807, George Pence was son-in-law of orator's mother. George and John are brothers. Elizabeth Capper, widow and Administratrix of Cyrus Capper, vs. Halker--O. S. 108; N. S. 37--Cyrus Capper was a merchant in Alexandria and died in 1785 intestate, leaving Christina and Elizabeth. Christina has married Philip Marsteller, Jr. Anderson Thompson vs. Payne--O. S. 109; N. S. 37--Bill, 31st January, 1804. Jesse Payne of Goochland was indebted to plaintiff and died testate, being possessed of several slaves left him by his grandfather, Josias Payne. They were in possession of Agatha or Agness Payne, mother of Jesse, who sold them to Jesse's wife, Sally. Jesse and Agatha or Agness are dead, and Sally has married Benj. Darst, of Rockbridge. Turman vs. Turman--O. S. 108; N. S. 37--Bill 2d August, 1805. Orators 111 are Benjamin Turman, Ezekiel Morris and Mary, his wife, John Kinlock and Fanny, his wife, Andrew Rusher (?) and Anna, his wife, and Wm. Turman. Benj. Turman's will dated 26th July, 1784. Charles left his mother. George died during infancy and intestate. Benjamin Turman's will: Wife, Frances; sons, Charles, George and John; daughters, Elizabeth, Mary and Anne, Frances; sons, James and Ignasius, Benj. and William. Proved in Botetourt, October, 1784. Jacob Shoopman vs. Thomas Owen--O. S. 109; N. S. 37--Bill, July, 1805. In 1792 Orator married a daughter of David Owens, of Montgomery County, who promised to give him a tract of land, but failed to make provision in his will, and now Jacob sues the heirs-at-law. Conrad vs. Kirtley--O. S. 112; N. S. 38--Bill, 31st July, 1806. Orator is Stephen Conrad of Rockingham. About 1769 Honorius Powell of Orange County died. The widow, Jennett Powell, compromised with the children as to the property. Nathaniel Allen and Robert Royston intermarried with two of the granddaughters of Jennett, and were living in Georgia. St. Clair Kirtley was also Jennett's grandson, with whom she lived, but became dissatisfied and lived at orator's house until her death. (On the cover of this bill is the following: "I put this cover on between 7 and 8 o'clock on Thursday morning, September 26, 1839, and a very cold morning it was. The Clay Convention is in session in Staunton at this time and is the second day of its meeting. A. R. St. Clair, aged 39 years, against the 22d of October next. Lord! Whose eye will this meet when I am in eternity".) Jennett Powell's will of Rockingham County, dated 16th March, 1803, proved in Rockingham November, 1807. To daughters of James Riddles, viz: Wineford married to Hillas Oliver; Mary, Frances, Lucy; to daughter of James Riddle, Jr., named Mary; to daughter of Francis Kirtley named Jennett; to John Bell's and Francis Kirtley's children. Blackmore vs. Adams--O. S. 110; N. S. 38--Bill in Lee County, 1806. Orators are Jonathan and Sarah Adams, Joseph Blakemore, grandfather of Jonathan and Sarah (father of their mother, Molly Adams), gave Molly a negro. Their father, Adams, was killed by Indians. Afterwards Molly was married (but illegally) to Henry Hamlin. Molly had brothers, Joseph and Wm. Blakemore, and sisters Hannah and Susan. Molly had a daughter, Cynthea Chadwell, half-sister to orators. Hannah above became Hannah Bird. Bell vs. Bell--O. S. 110; N. S. 38--Bill, 25th August, 1807. Orator, William Bell, owned tract in Augusta adjoining tract of James and Samuel Bell, between whom a dispute arose. James is dead and land has descended to heir-at-law, Francis Bell. Answer dated 16th March, 1808, states: James Bell, father of William, made an entry for 400 acres. Samuel Bell is now 49 years of age. Andrew Foster settled on the land upwards of 60 years ago. A certain William Bell was uncle of defendants. Thomas Buck vs. John Hickman's Representatives--O. S. 110; N. S. 38 --Bill, November, 1808. John Hickman of Frederick died, leaving, viz: Widow, Harris, Lucretia, Kitty, Isaac, Thomas, Rebecca and Benjamin Hickman, children and representatives. Bailer vs. Gabhart--O. S. 110; N. S. 38--Bill, 1st December, 1805. Orator is George Baylor, executor of Jacob Bailer, his (George's) father. Jacob bought land of Mathias Gabhart in Augusta. Conveyance was not 112 made. Mathias is dead testate, but intestate as to his land, leaving children viz: George, Michael, Peter, John, Hannah, Sally, Catherine, since intermarried with Peter Wittinghill. Elizabeth, since intermarried with Jonathan Intsminger. Peggy, since intermarried with Benjamin Hart. Christina, since intermarried with Peter Gabhart. Bill in name of Jacob Baylor says the purchase was in 1780. Jacob was a German lately removed from Pennsylvania. (This is bill 1795, filed in Richmond.) Jacob Baylor's will recorded in Staunton District Court. Mathias Gabhert's will of Rockbridge, dated 179_, proved in Rockbridge 5th June, 1798. Codicil 14th February, 1798. Wife, Christina; eight children, viz: Hannah, Michael, Rebecca, Peter, Elizabeth, John, Sarah, Christina; son George, daughter Catherine have received advancements. Affidavit 23d March, 1809, that George, Michael, John Gabhart and Peter Witlinghill and Catherine, his wife, are non-residents. Michael Brown and Thomas Copenhaver, Administrators of Thomas Copenhaver, vs. Copenhaver--O. S. 114; N. S. 39--Bill 31st July, 1806. Thomas, Sr., died 1802 intestate, in Wythe. Orators are sons and son-in-law to Thomas, Sr. Thomas's widow was Juliana. George Wiseman married another daughter, Magdalen. Bowyer vs. Lewis--O. S. 114; N. S. 39--To be looked up. Plan of town laid off at Warm Springs, Bath County. A true copy from the original. The lots are laid off 5 poles in front by 16 ditto in depth, the main street about 2-1/2 poles, the allies 1 pole, all well situated (?) as far as No. 41. Crawford vs. Kenney--O. S. 115; N. S. 39--Bill, 27th December, 1805. Orator, John Crawford. In 1751 Morris Offriel entered 200 acres in Augusta adjoining William Davis's survey. Morris did not complete his title and another survey was made by Daniel Offriel, son and heir-at-law of Morris, on 100 acres of the tract, on which in 1785 James Bell also made an entry. Chesley and Jacob Kenney, brothers, are in possession. James Bell died and devised the land to his sons, John and Samuel Bell, who conveyed to C. Kinney, who conveyed to Jacob. William Bell, aged 68 years, deposes 16th July, 1808, he has lived 60 years and upwards adjoining the land, being two years old when his father settled where deponent lives. John Elliott, aged 60 years upwards, the lower road on the plat was built 20 or 25 years after the affiant knew the upper road laid down by said defendants, to have been in use. The last was the old road and had been long used before the other was cut or opened. Maj. Samuel Bell, aged 48 or 49, deposes 2d April, 1808; has lived all his life in the neighborhood of the land in controversy on the near Buffalo Gap; there was a beautiful piece of pine timber on it. Samuel's father has been dead six or seven years and was about 70 years old. Samuel's grandfather and defendant's (Bell's) grandfather were brothers. Francis Gardner, aged 46 years, deposes, 1808; he was born and lived (except 2 or 3 years of childhood) in the neighborhood; his father was Thomas Gardner, who owned lands adjoining. Thomas was killed by Indians when Francis was very young. Francis Bell, aged 38, deposes, 23d January, 1808, that he has lived all his life near the land in controversy; son of James Bell, who has been dead more than 5 years. Robert Wallace deposes that he was well acquainted with Morris Offriel and Daniel Offriel. Daniel was cousin of 113