Augusta County, Virginia - 1750 - 1797
John Hindman had died in Augusta County, Virginia in 1747. It would be really interesting to know just what he died from.
On 15 Feb. 1748 John Stephenson,
friend and neighbor of John Hindman, made application and was awarded the
administration of John Hindman’s quite profitable estate. He made and submitted
an inventory of the estate as the law required. (Original records available)
Shortly after the death of John Hindman his sister, Eleanor and her family, “entered upon the premises” to claim the estate of John Hindman. (Court record from Rockbridge Co., VA)
The first thing Eleanor Fletcher had to do upon arriving in Augusta Co., VA was to prove her relationship to her brother, John. Without proof, they could not claim his estate. So on 25 May 1749 depositions were taken from Edward Partridge and Providence Scott in Chester County, Pennsylvania.
29 May 1750 - The Fletchers made bond as administrators of the estate of John Hindman whereof John Stephenson had been. The administration of the estate was given to John and Eleanor. (Original Augusta Co., VA record available)
Know all men by these present that we John Fletcher, Eleanor Fletcher, John Burton, Ray Borden, James Lockhart, John Matthews, Richard Woods, John Lyle, William Harbeson and Thomas English, the present justice in the commission of the peace for Augusta County, for and in behalf and to the sole use and behoof of the justice of the said County and their successors in the sum of five hundred pounds court money to be paid to said justice their successors, Ex; Adm., and assigns to us which payment well and truly to be made, we bind ourselves and every of us, our, and every of our heirs, Executors, and administrators jointly and severally firmly by those present sealed with our seal dated this 25th day of May 1750.
The condition of this obligation is such that if the above bound John and Eleanor Fletcher, administrators of all the goods, chattel, and credits of John Hindman, Clerk, deceased whereof John Stevenson was late admin. do make or cause to be made a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased which have or shall come to the hands, possession or knowledge of the said John and Eleanor or unto the hands or possession of any other person or persons for them and the same so made to exhibit or cause to be exhibited unto the County Court of Augusta at such time as they shall be thereunto required by the said Court and the same goods, chattels and credits of the said deceased at the time of his death, which at any time after shall come to the hands or possession of the said John and Eleanor or into the hands and possession of any other person or persons for her do well and truly administrator according to law and further do make a just and true account of their acting and doing therein when the account required by the said court all the rest and residue of the said goods, chattels and credits, which shall be found remaining unto the said administrator’s account the same being first examined and allowed by the justice of the court for the time being shall deliver and pay unto such person or persons respectively as the said justices by their order or judgment shall direct pursuant to the law in that case made and provided and if it shall hereafter appear that any last will and testament was made by said deceased and the Ex; or Executor therein named do exhibit the same in the said court making request to have it allowed and approved accordingly if the said John and Eleanor being there-unto required do render and deliver up their letters of administration approbation of such testament being first had and made in the said court then this obligation to be void and of none effect or else to remain in full force and virtue.
John Fletcher
Eleanor Fletcher (Her mark)
Sealed and delivered in the presents of James Patton
John Lewis – seal
William Hamilton – seal
John Graham - seal
At a court continued and held for Augusta county the 29th day of May 1750 John Fletcher, Eleanor Fletcher, John Lewis, John Graham and William Hamilton in open court acknowledged this their bond for said John and Eleanor Fletcher true and faithful administrators of the estate of John Hindman, clerk, deceased, which bond is ordered to be recorded.
During the time the Fletchers were working on getting the administration of the Hindman estate, the town of Staunton, Virginia was started. In 1749 William Beverley gave a parcel of his land in Augusta County for a town to be laid out. Mr. Beverley was a personal friend to the Governor Gooch and his wife, Rebecca. He named the town in honor of Rebecca whose maiden name was Staunton.
William Larkin, plaintiff, John and Robert Fletcher, defendants. “The defendants being summoned and failing to appear, the plaintiff produced their note of bond for two pounds, seven shillings and nine pence current money. Judgment is therefore granted the plaintiff against the defendant for the same together with cost.” (Original record available)
It is not known what this hearing was all about but the record is helpful in that it shows that Robert must have been old enough by 1754 to be named in a suit. He would probably have had to be eighteen years old to be considered an adult.
June or July 1758 - Fletcher vs. Stephenson - John Fletcher and Eleanor, his wife, complains of John Stephenson, past administrator of John Hindman, for an account. An account was filed of the effects and general charges of Rev. Hindman. (Chronicles vol. 1 page 320)
It appears from the above court record that John and Eleanor were hoping to settle the debt owed Stephenson by John but needed an account from Stephenson.
19 August 1758 - Fletcher vs. Stephenson - The bill for settlement of the estate of Rev. Hindman shows the cost of the wake of Hindman. (Chronicles vol. 1 page 325.)
At the time of his death John Hindman still owed Stephenson money that he had borrowed to make his trip to England. He might have owed even more considering all the horses he owned and on a pastor’s salary at that. John was ill for five weeks before he died. Stephenson and his wife took care of him and then took care of his burial. Chalkey, in his Chronicles, does not list each cost for the wake but it may be assumed that it could have been a considerable amount. Beverley Ruffin states in ‘Augusta Parish’ that many people made request to the vestry to cover the cost of the wake of persons who died on their hands. Some cost included doctor’s fee, medicine, coroner’s fee, making the coffin, providing linen or a bear skin to lay the body on, digging the grave, and as Ruffin says; “purchasing liquor to serve at the funeral.” In some cases as much as seven gallons of liquor was provided for burials. This is not to say that all these are recorded in the account that John Stephenson filed against the estate. Evidently the settlement John Stephenson presented was for a greater amount than John and Eleanor expected. It appears that John Stephenson was going to press for payment from John and Eleanor and this pushed them into bankruptcy. To substantiate this is the record that John Fletcher is insolvent or bankrupt. Also after the death of John, just a few days after the bill for settlement was filed, Eleanor, being an object of charity, was allowed five pounds by the vestry. Attempts to obtain a copy of John Stephenson’s settlement have been unsuccessful at this time.
19 August 1758 - Commissioners report that the courthouse is completed except a door, which the Indians broke (Chronicles, vol. 1, page 325.)
1758 - John Fletcher is insolvent (Chronicles, vol. 2, page 400.)
“The sale or recovery of the estate of any insolvent debtor shall be paid or distributed among the creditors of such insolvent person in proportion to the debts due to them who shall have dully proved their respective debts, and if any over plus shall arise after all debts are paid, it shall be delivered to the debtor whose estate it was." (Henning’s Statutes At Large vol. 7, pages 551 and 556.)
21 August 1758 - The death of John Fletcher abates the suit against John Stephenson. (Original record available)
21 August 1758 is the date recorded that the suit had been abated by the death of John Fletcher. John could have died this same day or on 20 August which was on Sunday, or on 19 August, which was Saturday the day John Stephenson filed the bill for settlement of the account of John Hindman. No record has been found as to how John Fletcher died. He may even have been killed during an Indian attack, which was a common occurrence at the time.
Ca. 1759/60 - Somewhere around this time, Robert Fletcher Sr. and Christiana B. Kinder were married. Their children are listed below.
There was one daughter whose name is unknown. She was probably born about 1761/62. Her birth is judged by the birth of her son Matthew who was born in 1780. She married a Walkup.
Daughter, Mary born about 1763/64. The Chronicles list her as Mary Flatcher. Since Fletcher was often spelled Flatcher in the colonial records and usually turned out to be Fletcher, this Mary was probably a daughter of Robert and Christiana. She was. Her birth is judged from her marriage date, which was 12 September 1783. Her full name was probably Mary Elizabeth. (see record dated April 1791)
Robert Jr. was born about 1766. (Draper Papers concerning Col. William Casey
settlement)
John was probably born about 1771. His birth is judged by his marriage date, which was 30 August 1791.
Several records indicate that Christiana’s father was Peter Kinder and her mother Christiana (Maiden name unknown). Peter Kinder died in 1749. The following is a list of the records submitted:
30 November 1749 – Chatherine, Christiana, Sarah, and Peter Kinder to be bound out by Church Wardens.”
2 June 1750 – Catherine Kindort, orphan of Peter is bound to Wm. Armstrong. Kinder is spelled various ways in these records)
27 Nov. 1773 – Christiana was bound to Adam Dickison. (Christiana was thirteen years old.)
20 Dec. 1773 – The will of Christofull Kislen, stepfather of Christiana.
17 - Nov. 1798 – A suit was brought against Christiana Flatcher “otherwise Kinder” in Rockbridge County, Virginia.
The
above records offer the most promising proof of a maiden for Christiana than any
other to date. Christiana was spelled in various ways: Christian, Christianiah,
etc.
10
February 1763 – A deed to James, son of John Stephenson, from Robert and
Christiana Fletcher. They gave James fifty pounds current money of Virginia and
a lease of two hundred acres of the four hundred and sixty acres of land
inherited from John Hindman. By this time James Stephenson was living on and
farming the land. This indenture enabled James Stephenson to accept and take a
grant and release of the revisions of inheritance from Robert on the following
day. This division of the land was probably the decision of the bankruptcy
Court. The fifty pounds paid Stephenson for thirty of the remaining sixty acres.
(Deposition of Jean Martain dated 19 June 1795) Both Robert and Christiana made
their mark, Robert with an R and Christiana with a C. Most people could not read
or write but had their ‘mark’, which was used in transactions. The County clerk
recorded all records. Each had his idea of how a name was spelled, thus the
difference in spellings. (Original record available)
Now
the debt of John Hindman had been paid. This left the Fletchers with two hundred
and sixty acres of the John Hindman land. Evidently the land was in Robert’s
name as heir of John Hindman. In 1747 John told William Elliot that he had a
half sister married to John Fletcher who had a little boy called Robert that he
would give the land to.
11
February 1763 - “The release deed to James Stephenson from Robert and
Christiana." (Original record available)
15
February 1763 - Commissioner examination of Christiana, wife of Robert Fletcher.
(Chronicles vol. 1, page 103) In such transactions as conveying land a wife was
privately, apart from her husband, ask if she is willingly and without force
signing the transaction.
The early settlers found the wilderness infested with several predatory animals. The most troublesome was the wolf. For many years it was necessary to pen calves and sheep at night to protect them from the bear, puma, and wolf. After a bounty was placed on the heads of wolves two hundred and twenty five heads was turned into the magistrate in one month in 1752 (History of Rockbridge County, Virginia, page 39.)
John Lewis was commissioned Colonel, or Chief Officer of the Augusta County militia in 1752. It was the duty of the Colonel to list all free males above the age of twenty one within the county. John Fletcher would have been included in the militia at this time. Only public officers in the civil service and Quakers were exempt from duty.
10
February 1763. The French and Indian war was ended. France was eliminated as a
Colonial power in America.
1763
- In the wars of 1763/64 the Indians werre no longer controlled by their allies,
the French. They were, no doubt, disappointed that the French had not been
successful in eliminating the settlers and British from the country. They made a
systematic effort to rid the country of the white settlers and used every
species of perfidy and cruelty they had against them. In 1763 a party of about
sixty Shawnee visited the whites on Muddy Creek, in Greenbrier, VA under
pretense of friendliness. They were kindly received and a meal was prepared for
them. After feasting the Indians suddenly sprang a vicious attack upon the
unsuspecting and unarmed whites. They murdered all the men and took the women
and children prisoners. The next day the Indians visited the Big Levels
settlement. After having been as hospitably entertained as at Muddy Creek, they
re-enacted the revolting scenes of the previous day. Only one white man and one
white woman escaped.
The next stop for the Indians was Kerr’s (or Cerr’s) Creek. Kerr’s Creek was in what was to become Rockbridge County in 1778. Many families were murdered and others captured.
October 1764 - Forty Shawnee warriors made a second attack on Kerr’s Creek
settlement. The whites had gathered at Big Springs at the house of Jonathan
Cunningham. They numbered about one hundred men, women, and children. Some young
men advanced to meet the Indians and were killed. The graphic details of the
battle are covered in ‘The History of Augusta County, Virginia’.
These
are just a few of the battles that took place in and around Augusta County
during the wars of 1763/64. They are recorded here to give a clearer picture of
the dangers our ancestors lived with.
Men
of the Augusta County militia were required to be armed, and to keep one pound
of powder and four pounds of ball at their homes, and when called out to fight
he was to bring the same amount into the battlefield. They were to go armed to
their respective Churches.
18
May 1768 - Robert Fletcher Sr. was constable of Augusta County (Chronicles vol.
1, page 148.) Robert’s vice was James Crockett. Some claim this James Crockett
as the ancestor of Davy Crockett. (Genealogies of Virginia Families vol. 2, page
391.)
Oren
F. Morton in ‘Annals of Bath County, Virginia’ says that the constables were not
to be envied in attempting to discharge their duty. The pioneers were not meek
in submitting to any human authority. Sometimes the constable was not able to
serve a writ “by reason of a fresh”. One said he was “kept of by force of arms”.
A third said; “The fellow gave me kneel play”. A writ against two settlers near
Fort Dickenson was not executed in 1758 “for fear of the Indians.” Another
constable said he had not served a writ because of a hay fork.
12
April 1769 - A list of Captain Andrew Lockridge’s delinquents “to be summoned to
the next court martial to show cause why they did not appear at the general
muster.” Job Fletcher is on this list. He was serving in the militia under
Capt. Lockridge at this time.
No record has been found of the marriage of Job and Margaret Fletcher but assuming John was their oldest child they probably were married about 1772/73. Margaret’s maiden name was McElvain. The following is a list of the children of Job and Margaret.
(1)Ca. 1774 – Birth of John in Augusta County VA. (Page 151 of ‘The Cemeteries of Auburn Township’ published by the Sangamon County Genealogical Society, Springfield, Illinois.)
(2) 1777 – Approximate date for the birth of Elizabeth in Augusta Co., VA. (The date is judged by Elizabeth’s marriage date, 17 Nov. 1797.) (
3) 7 July 1779 – Birth of James Rockbridge Co., VA. (The Cemeteries of Auburn Township, page 151)
(4) Ca. 1786 - Approximate date for the birth of Agnes Rockbridge County, Va. (The birth date is judged from her marriage date, 8 July 1802.)
(5)1787 – Birth of Robert in Rockbridge County, Va. The birth date of Robert is judged by the 1850 U.S. census of Washington County, Arkansas.
(6)11 November 1793 - Birth of
Job, Rockbridge County, VA.
The
above are all the children of Job and Margaret Fletcher that have been found to
date.
17
November 1773 - Robert Fletcher produced a certificate for one thousand four
hundred and thirteen pounds of hemp and having made oath thereto according to
law it was ordered to be certified to his Excellency the Governor. (Record of
Augusta County, VA.) Same date - Job produced a certificate for one thousand one
hundred and fifty pounds of hemp. It was ordered to be certified.
Persons were paid three shillings for every ton of hemp and four pence for every barrel of flour. Because of a scarcity of precious metals payments were made in certificates of receipts. These certificates were called proclamation money. Tobacco could also be used as proclamation money. To forge or alter a certificate was punishable by death without benefit of clergy. (Henning’s Statues At Law)
Money, in Colonial America, was based on the English system of pounds,
shillings, and pence. Sometimes dollars are mentioned, but any similarity of
these to our present dollar is purely coincidental.
29
June 1776 until 1 June 1779 - Patrick Henry was governor of Virginia.
4
July 1776 - The United States declared independence from Great Britain. Now the
Augusta County, Virginia militia was standing ready for service in the
revolutionary War.
16
Oct.1776 – Augusta Co., VA. Job Fletcher was fined for not appearing at four
militia musters and Robert for missing three. (Original record available)
16
October 1777 - Robert and Job appear on another list of delinquents. This time
even Robert’s Captain, Andrew Lockridge, appeared on the list and was fined
eighteen pounds. (Original record available)
Augusta County was in the process of dividing the county into several different
counties about this time, which made it hard to account for all the men. To add
to the confusion the militia was being divided at the same time. It should be
pointed out that because these men did not show up for some musters does not
mean they were considered deserters. Often when men of the militia thought their
services were not particularly needed at the front they simply went home to look
after their families and their plantings but would show up again, pay their
fine, and take up where they left off. Often if a man was marked as a deserter
he later served in the armed forces and was honorably discharged.
16
October 1777 - The Augusta militia divided into four battalions. Captain Andrew
Lockridge’s company was to be in the middle battalion. This is the company
Robert served with. These records prove that both Robert and Job served in the
militia of Augusta and Rockbridge Counties during the Revolutionary War. Job
served in Captain Simpson’s Company and Robert in Captain Lockridge’s company.
(Original record available)
There
has been some confusion about Robert and Job having a brother, John, who served
in the Revolution and located at Clark County, Kentucky after the War. The
Society of the Daughter’s of The American Revolution has accepted some women
includ1ng National #715431 (Johnn1e Fletcher Yelv1ngton) into the Society using
a rejected land claim from this John Fletcher as proof of Robert’s service.
After much research by a number of people this has been brought into question.
Evidence shows this John to be from Caroline County, Va. not Augusta County. Of
all the military records, court records, deeds, wills, or any other, from
Augusta or Rockbridge Counties there has been no mention of a John in the family
of John and Eleanor Fletcher. There may have been at one time a John Jr. who did
not live to adulthood. The tradition, as had been passed down for many years,
was that one son was named for the father usually the first son. At any rate all
records available mention only Robert, Job and Agnes. One researcher who has
done a great deal of research on the Fletchers and provided these militia
records states; “No Fletchers other than Robert and Job appear in these records.
I am not inclined to believe that they had a brother, John, since there is a
total lack of evidence in the records of Augusta and Rockbridge Counties.”
Anyone wishing to join the D. A.
R. on either Job or Robert would probably need only a copy of the above militia
records as proof of their service. Another source of proof is page 278 of
‘Historical Register of Virginians In The Revolution’ by John H. Gather. Mr.
Gwathmey lists both men’s service. It should be pointed out that several answers
on the membership application to the D.A.R., National # 715431 is incorrect such
as the death date and place of Robert Sr. and the birth date and maiden name of
Christiana. More research, after this application was submitted, has enabled
many of the blanks to be filled in.
1778 - Rockbriddge Co. was formed from Augusta County, VA. Now the Fletchers were calling their County Rockbridge.
1779
– Delinquents – Augusta County, VA levy for 1779 – Job Fletcher ‘gone’.
(Chronicles vol. 2, page 422) These records prove that both Robert and Job
probably was gone to war. He served in the militia of Augusta and Rockbridge
Counties during the Revolutionary War.
1780
- Birth of Matthew Walkup, son of the unknown daughter of Robert and Christiana
Fletcher. Matthew was probably born in Rockbridge County. His birth is judged
from the 1850 U.S. census of Adair County, Kentucky. ‘The History of Rockbridge
County, Virginia’ page 90 states that there were five Walkup brothers and
sisters who came to the Calfpasture area about 1748. They were James, Joseph,
John, Margaret, and another sister who was the wife of John Graham Jr. It is not
known which brother was Matthew’s father. In 1765 Joseph Walkup turned in a
claim for horses used by the militia during the wars with the Indians. There was
an Arthur Walkup on the Augusta County personal property tax list of 1787.
Arthur was security for three of the children of Job and Margaret when they were
married.
1782
- The tax list for Rockbridge County shows both Job and Robert Fletcher
with one male over sixteen years in each household, which would be themselves.
25 May 1782 - Job Fletcher, plaintiff, against John Allen, defendant, in trespass, assault, and battery. Damages twenty-five pounds and cost. The jury ruled for Job.
12 September 1783 - Marriage of John Tomey (or Toney) to Mary Fletcher, daughter of Robert and Christiana (Chronicles vol. 2 page, 359.)
Things had been pretty quite about the Fletcher land for about twenty years.
Many things had gone on in the lives of the settlers during the twenty years.
First in 1763 two hundred of the four hundred and sixty was deeded over of James
Stephenson. In 1763 they had to deal with Indians wars, then from 1776 until
1782-83 the Revolutionary was going on. Now in 1783, right about the end of the
Revolutionary War, James Stephenson was making another attempt to obtain the
land. So he approached Eleanor about buying it according to the deposition of
Edward McLaughen, dated 23 August 1796. (Original copy available)
7 March 1786 - James McChesney,
Plaintiff, against Daniel Harvey, defendant. In a suit of debt against Daniel
Harvey, Job Fletcher and another man came to court in defense of him. If Daniel
was found guilty of this debt and did not pay it they would or go to debtors
prison for him. It is not known what the outcome of this trial was but it seems
that Job and Samuel were pretty sure of Daniel’s innocence. Daniel’s daughter,
Elizabeth, later married Robert and Christina Fletcher’s son, John. The settlers
were very much given to litigation. The number of their lawsuits during the
thirty years prior to the Revolution runs into the thousands. Most of the suits
were for debt. Not a few was for assault and battery. Many others were for
slander (‘Annals of Bath County, Virginia’, page 69.)
1787
- The tax list of Rockbridge County showws Job Fletcher being taxed with one male
of at least twenty-one years of age (himself), seven horses, and twenty-four
head of cattle.
The
same list shows Robert Fletcher Sr. being taxed with one male of at least
twenty-one years (himself), one slave over sixteen years of age, eight horses,
and thirty-four head of cattle.
By
1787 Robert Jr. was in his own household and was taxed with one male at least
twenty-one years old (himself), and two horses.
29 March 1788 - Marriage of Robert Fletcher Jr. to Agnes (Nancy) Casey, Lincoln County, Ky. various people have stated this as the marriage date and place of Robert and Agnes, but no record has been found. Agnes was the daughter of John Casey. Her brother, Colonel William Casey, was one of Kentucky’s “favorite sons” (History of Cedar County, Missouri, by Goodspeed, page 771). The children of Robert Jr. and Agnes Fletcher are listed below.
Ca.
1789 - Birth of Margaret Linsey, page 770 of 'History of Cedar County,
Missouri by Goodspeed, states that Margaret was born in Greenbrier County, VA,
however, it is beleived she was born in the settlement of Greenbrier, which was
on the west side of Bath County, Virginia. Oren F. Morton speaks of the
Greenbrier settlement several times in 'Annals of Bath County, Virginia'. A
deed, dated 1792, mentions that Robert Jr. was living in Greenbrier, Bath
County, Virginia.
Ca. 1794 - Birth of Green,
Bath County, VA. The age of Green is judged by the 1820 and 1830 U.S. census of
Adair County, KY.
1796 - Birth of Lewis, Bath
Co., VA.
Ca. 1798 - Birth of John H.,
Adair Co., Kentucky (1850 U.S. census of Adair County, Ky.)
1799/1800 - Birth of
Christiana, Green County, Ky. Christiana's birth date is judged by her
marriage date, which was 30 October 1816/17.
Ca. 1804 - Birth of Silas,
(1850 U.S. census of Adair Co., KY)
March 1790 - Job Fletcher made demand against Hugh
Kelso (son-in-law of James Stephenson) and Peter Jackson that they should render
to him four hundred and sixty acres. By this
No doubt the proof was to be the
deed that Eleanor was about to give to him. A diagram of the four hundred and
sixty acres was supplied by another Fletcher researcher. He has supplied most of
the records and depositions having to do with this trial. (diagram and original
record available)
Job's demand gives a description
of the full four hundred and sixty acres. Judging from the deposition of
Alexander Hamilton, dated 11 March 1790, and the deed from Eleanor to Job, dated
1 April 1790, Job and Eleanor intended to prove to the court that only Eleanor
had the right to convey any of this land so she just gave Job a deed for the
entire four hundred and sixty acres.
Poor Eleanor had spent most of her life fighting for the
land.
an action she must have thought very unfair. She had
insisted,
and the other for Job. She had always hoped to regain the
two
Kelso was busy working on his case, as the following
deposition
11 March 1790 - Alexander Hamilton states in his
deposition
at that time, was supposed to be the receiver as Hindman's
Alexander Hamilton knew the Fletcher family well. At one
1 April 1790 - Eleanor's deed to Job.
This indenture made the first day of April in the year
of our Lord
Beginning at a Black oak two red oaks in the patent line corner to James Stevenson's land and thence with the lines South sixty-two degrees, East eighty six poles to a white walnut and two cherry trees on the East side of the River and North twenty eight degrees, East fourteen poles to three sycamores thence South sixty two degrees East two hundred & twelve poles to two white and two red oaks in the patent line between a branch and swamp. Thence with the said patent line North fifteen degrees East two hundred and forty poles crossing -?- Runs to two white oaks in the patent line thence with a line of Alexander Dunllap North sixty-two and a half degrees West three hundred and sixteen poles to two white oaks and black oaks in the patent line on the west side of the river. Thence with the said line South fourteen degrees east two hundred & fifty six poles to the begining - together with all houses, out houses, orchards, garden fences, woods, under woods, water and water courses there unto belonging to have and to hold the said lands and premises with all and singular the appurtenances whatsoever to the same belonging to him the said Jobe Fletcher his heirs and assigns forever and she the said Elender Fletcher for herself the said lands and premises with every of their appurtenances to the said Jobe Fletcher his heirs and assigns shall and will warrant and forever defend by these present against any person or persons whatsoever having or law fully claiming any right or title to the same or any part or parcel thereof and she the said Ellinder Fletcher for herself and her heirs doth grant, covenant and agree to and with the said Jobe Fletcher his heirs and assigns as followth Viz;
That she the said Elliner Fletcher at the time of ensealing and delivery of these presents is and stand seiged of an indefeasible estate in simple of and in the above mentioned lands & premises and that she hath good right and lawful authority to give and convey the same in manner aforesaid and that the same shall forever remain unto him the said Jobe Fletcher his heirs and assigns freely & clearly exonerated and discharged of all and all manner of other and former bargains, sales, leases, title of dower and all other rights and estates whatsoever there unto belonging or in any way appertaining. In witness whereof she the said Ellinder Fletcher hath hereunto sat her hand and seal the day and year above written. Signed, Sealed, and delivered in the presents of: James Cowsey
Ellender (E) Fletcher
Robert
Gay mark
Alexandor Dunlap
John Wyatt
At a court held for Rockbridge County April 6th 1790
this deed
of gift from Elender Fletcher to Job Fletcher was
proved by James
Cowsey, Robert Gay & Alexander Dunlap subscribing
witnesses and
ordered to be recorded.
Teste -A. Reid -clerk
(Original record available)
2 September 1790 - The jury ruled
for Hugh Kelso and Peter Jackson but Job wasn’t giving up.(Court record).
2 September 1790 - Job made bond to appeal. (Court
record)
McCutchen, Jean Martin, and her daughter Agnes Harvey
were
25 December 1790 - Articles were sold to Robert
Fletcher from
1791 - Robert Jr. Fletcher is shown as head on the 1791
list, 'Heads
on the west side of Bath County. Evidently it is here,
at the
to Robert Jr.)
16 March 1791 - The sheriff of Rockbridge County was
commanded
Since Job had appealed his case the entire process was
started
22 March 1791 - Writ to the sheriff of Rockbridge
County to
to be his right, and whereof Hugh Kelso and Peter
Jackson do
Staunton, VA.
30 August 1791 - Marriage of John Fletcher, son of
Robert and Christina, to Elizabeth Harvey, daughter of Daniel Harvey (Original
record available). A list of the children of John and Elizabeth (Harvey)
Fletcher is listed below.
A son was born to John and Elizabeth Fletcher.
The name of
Ca. 1793 - A daughter was born to John and
Elizabeth Fletcher in Rockbridge County, Va. (1810 U.S. census of Adair County,
Kentucky.) The name of this daughter is unknown. She died before her father
Ca. 1794 - Birth of Robert, Rockbridge County, VA. (1810 and 1820 U.S. census of Adair County, KY.)
Ca. 1795/96 - Birth of Cynthia, Rockbridge
County, Va. (1810 and 1820 U.S. census of Adair County, Ky. and 1830 U.S. census
of Mercer County, KY.)
Ca. 1800, Birth of Dicey, Green County, Ky.
(1810 U.S. census of Adair County, Ky.)
Ca. 1801 - Birth of Andrew, (1850 and 1860 U.S.
census of Adair County, Ky.)
Ca 1802 - Birth of James, the birth date is
judged by the 1840 U.S. census of Macoupin County, Illinois.
1808 - Birth of Micajah, (1850 and 1860 U.S. census of Adair County, Ky.)
1810/11 - Birth of John Jr., Adair County (1850 u.s. census of Adair County, Ky.)
1813 - Birth of Jane Elizabeth, Adair County
(1860 U.S. census of Adair County, Ky.)
1816 - Birth of Oliver C., in Adair County (1850
U.S. census of Morgan County, Missouri and the 1860 u.s. census of St. Clair
County, Missouri.)
11 August 1792 - A deposition was taken from Margaret
Gay in the suit of Job Fletcher vs. Hugh Kelso and Peter Jackson. Margaret said
that when she ask Rev. Hindman if he had any relatives in this country he said
only one sister and he intended to entail the land to her.
23 August 1792 - "Agreeable to a dictimus to us from
the District
married to John Fletcher who had a little boy named
Robert whom
Nov. 1792 – Robert Fletcher Jr. moved to Adair Co., KY.
Col. William Casey, uncle of Agnes, had moved there the spring before. (Draper
Papers concerning Col. William Casey settlement) Kentucky had opened up land
that had previously been set aside for veterans or settlers who wished to come
to Kentucky. One had to be a settler on the land for one year before coming into
actual possession of any of this land.
19 June 1795 - Fletcher vs. Kelso and Jackson - "Both
parties
Job Fletcher, plaintiff, Hugh Kelso and Peter Jackson,
19 June 1795 - Margaret McCutchen's deposition is one
of several
her mother had no child but her; that her father
married a second
19 June 1795 - Jean Martin says that she often heard
Eleanor
Now on her deathbed, Eleanor may have been having
second thoughts about giving that deed to Job. She knew James Stephenson had
been given two hundred acres as his part in the settlement of the John Hindman
estate.
19 June 1795 - The deposition of Agnes Harvey, daughter
of John
19 June 1795 - Both parties agree to stand to their
testimony
Early 1796 - A record from
Rockbridge County shows that Robert Fletcher Sr. probably died only a short time
before the bond as his administrator was made by his son, John. In most cases
the oldest son would be the administrator but Robert Jr. lived in Adair Co., KY
so this left John to be the administrator. (Original record available)
An inventory of the estate of Robert Sr. was made. Only
the
cattle, horses, sheep, hogs, furniture, etc.
25 May 1796 - Thirty eight acres of land was granted to
John Fletcher,
2 August 1796 - James Ewing stated that in the year
1751 or
who would inherit it, but he had never heard that she
was only
22 August 1796 - Margaret Rusk said in her deposition
that John
father's children but not mother's. (Original record
available)
23 August 1796 - Another deposition was taken from
Margaret
dispute and that she heard Eleanor Fletcher say that
she had
the gain of the land. (Original record
available)
23 August 1796, - Edward McLaughen said in the
following
him to have nothing to do with it or he would loss his
money
James Stephenson replied that he would buy it in spite
of her. Mr. McLaughen goes on to say that about eight years ago (1788) he heard
Eleanor say she always and still allowed that land that James Stephenson now
lived on for her son, Job, and it would be his own fault if he did not get
it, and further said that she never put her hand to conveying it. Mr.
McLaughen was ask if he knew how Eleanor came about the land, he said; It was
proved by witnesses in Pennsylvania that Mr. Hindman acknowledged her to be his
sister, but Eleanor said he had a sister that was the heir but she could not
be found and she (Eleanor) got the estate and was only his half sister but
she wished she had never seen it for she had more trouble than she had bargained
for. (Original record available)
It seems that Hugh Kelso and Peter Jackson were going
to set the record straight by stating they had only two hundred acres,
not four hundred and sixty and this was a manner of court record.
all that concerneth it and whatsoever they ought to
defend,
Reply by Job - "And the aforesaid Job Fletcher likewise
puteth
1796 - Notes on the findings of the jury. The jury finds that:
1. A patent was issued to William Beverly bearing date,
6th
2. That Hindman departed this life sometime after the
deed was
3. That Eleanor Fletcher entered on the premises soon
after
4. That Eleanor executed a deed to her son Job, long posteuor
5. That Eleanor was a sister of whole blood to Hindman,
and
The trial was finally over after six years.
10 March 1797 - John Fletcher, administrator of Robert
Fletcher,
plaintiff. (Original record available)
This probably was a 'friendly suit'. Val D. Greenwood
in 'The
The suit was ordered to be dismissed by John's attorney
4 May 1797 - "Upon the petition of Job Fletcher against
John
Hugh Kelso won the suit brought against him by Job, but
his
11 August 1797 - Bath County - The depositions of
Robert Jr. and John Fletcher stating where they thought the property line was.
"August County to wit: Hugh Kelso made oath before me
a Justice of the Peace for said County that Robert and John Fletcher of Bath
County are material witnesses in a suit now depending in the Staunton District
Court between John Dumlap, plaintiff, and Hugh Kelso, defendants, and that
said witnesses are about to remove to Kentucky. Given under my hand August
9th 1797. (Original record available)
16 August 1797 – Christiana, Robert Jr., John and
Elizabeth Fletcher sold the two hundred and sixty acres inherited from John
Hindman to Hugh Kelso of Rockbridge County and his brother, James, of Bath
County (Original deed available).
So the entire four hundred and sixty acres finally
ended up in the Stephenson family through Hugh Kelso, son-in-law of James
Stephenson.
16 August 1797 – Another deed to Hugh and James Kelso
from Christiana, Robert Jr., John and Elizabeth Fletcher. This one is for an
additional two hundred and eighty acres that Robert Sr. had acquired. This tract
could be land granted to Robert Sr. for his service in the Revolutionary War.
(Original deed available)
Job Fletcher died shortly after the trial ended. He
died between 4 May 1797 when he made petition against his nephew, John, as
administrator of Robert’s estate and 5 Sept. 1797 when his wife, Margaret, and
their son, John, made bond as his administrators (Original record available).
Christiana Fletcher, her son, John and his family were selling out and moving to Adair County Kentucky. Robert Jr. had already moved there in 1792.
Both deeds, dated 16 August 1797, states that Robert
Jr. was from Kentucky. Robert probably had returned to Bath County to gather up
family and belongings to make the move to Kentucky. It appears from the wording
of the above record dated 9 August 1797 that John, Elizabeth, their children,
and, Christiana, Mother of John had already moved their belongings as far as
Bath County in preparation for the move.
Please go with the descendants of Robert Fletcher Sr.
as they settle in Adair County, Kentucky.
5 September 1797 – Margaret Fletcher, wife of Job, and their son, John, made bond as administrators of the estate of Job. Job died between 4 May 1797, when he brought the suit against John, and 5 September 1797. Administration of his estate was given to Margaret and John. It was ordered that Robert Gay, James Hodge, John Brattan, and Alexander Dunlap, or any three of them, make an inventory and appraisal, in current money, of the salves and personal estate of Job and return it to court. The inventory was returned to the Court 2 Oct. 1789. (Copy of original inventory available)
The descendants of Job Fletcher will continue in Illinois.
