Sunday, December 6, 2009

Some events in the life of Joseph Lockhart, born in Washington County, Indiana on December 11, 1828. (Birth date found in notes from the Lockhart family file at the Washington County Historical Society.) Joseph was the son of Joseph and Rachel Gabbert Lockhart. Joseph Jr’s father died several months before his birth leaving a son, Thomas, a daughter, Mary (Polly Ann) and a pregnant wife.
Joseph Srs. personal property was appraised in August and sold at public auction in September of 1828.
1830 Joseph’s (Jr) grandmother, Mary Elisabeth De Pauw Gabbert, dies and is buried at the family farm near Campbellsburg, Indiana.
January 10, 1831 Joseph’s (Jr) mother, Rachel Gabbert Lockhart, marries her 2nd husband, George Brittain, in Washington County.
Sometime between 1831 and 1839, Rachel Gabbert Lockhart Brittain gives birth to George W. Brittain, Joseph’s (Jr.) ½ brother.
April 13, 1835 Thomas Gabbert, with Robert Smith as his security is appointed guardian of Polly Ann, Thomas & Joseph Lockhart infant heirs of Joseph Lockhart dec’d. Bond $300.
May 14, 1836 Joseph’s (Jr.) grandfather, Thomas Gabbert, marries 2nd Frances Jane Hungate.
January 25, 1838 John De Pauw, Joseph’s great uncle, dies in Grand Gulf, Mississippi and is, later, buried in Crown Hill Cemetery, Salem.
March 10, 1838 Joseph’s (Jr.) grandmother Elizabeth Fletcher Lockhart dies and is buried at Mill Creek Cemetery, Washington County.
June 2, 1838 Joseph’s (Jr.) great uncle Napoleon Bonaparte De Pauw dies and is buried at Crown Hill Cemetery, Salem. Joseph is a minor heir of his estate.
November 14, 1839 Jehu Hungate with Micah Newby as his security, is appointed guardian of Peter, Sally, Patsy Ann Gabbert children of Thomas Gabbert & Polly Gabbert his wife and heir at law of N. Bonaparte De Pauw dec’d and also guardian of Thomas & Joseph Lockhart children of Rachel Lockhart formerly Rachel Gabbert and who are also heirs at law of said N. Bonaparte De Pauw dec’d. Bond $2000.
It appears that Rachel Gabbert Lockhart Brittain and her daughter, Mary (Polly Ann) Lockhart, died sometime between April 13, 1835 and prior to November 14, 1839 when neither were mentioned in the distribution of the estate of N. B. De Pauw and since Rachel would have inherited, she must have died.
Minute Book D, page 74
Tuesday, August 10, 1841
On Examination of the Bond heretofore executed and filed by Jehu Hungate, Guardian of the minor Heirs at Law of Napoleon Bonaparte Depauw decd. Viz. Peter Gabbert, Sally Gabbert, Patsy Ann Gabbert, children of Thomas and Polly Gabbert _and also of Thomas and Joseph Lockheart, children of Joseph Lockhart, formerly Rachel Gabbert, it is Ordered that said Guardian file an Additional Bond, to be approved by the Court. Whereupon the said Guardian files and executes an additional Bond with Zachariah Collier, his security is the penal sum of Two thousand Dollars conditioned according to Law, and is approved by the Court__
March 4, 1842 Ann De Pauw Hungate, Joseph’s great aunt and wife of Jehu, dies and is buried in Standish Cemetery, Vernon Township.
Probate Book D, page 225
Wednesday, August 17, 1842
Comes Robert Smith Sr and files his petition Setting forth that he is Security for one Thomas Gabbert as Guardian of the Heirs of Joseph Lockheart Decd and that Said Gabbert is about to remove out of the jurisdiction of this Court & praying that his Letters of Guardianship may be revoked after due deliberation had thereon It is ordered and Decreed by the Court that Said Letters of Guardianship be and they are hereby Revoked: and upon Suggestion it is ordered by the Court that Robert Smith be appointed Guardian of Said Heirs to wit Joseph & Thomas Lockheart heirs of Joseph Lockheart Decd and thereupon said Smith Executes and files Bond with Stephen Hole as his Security in the penalty of $400.00 conditioned and payable according to Law and makes Oath thereto and is by the Court approved __
Probate Book D, page 238
Monday, November 14, 1842
James Smith
vs. In Chancery
Thomas Gabbert Thomas
Lockheart & Joseph Lockheart Comes said Complt by John H Butler Esq his atty an on his motion of James G May Esq is appointed Guardian Ad litem of Thos Lockheart & Joseph Lockheart Defendants, who are Minors__
***(See synopsis at end of listings.)
Probate Book D, page 243
Thursday, November 17, 1842
Thursday Morning November 17, 1842. Court sits pursuant to adjournment present the same Judge as of yesterday
Comes Thomas Gabbert former Guardian of the heirs of Joseph Lockheart Decd Robert Smith Senior the present Guardian of said Minors and files herein an account Current with Said Heirs by which it appears that there came in to the hands of Said Gabbert by the Sale of the Real Estate of Said Decedent on the 13th day of May 1836. The sum of One hundred and Twenty five Dollars. And it appearing to the Satisfaction of the Court that said Gabbert paid to the widow of said decedent the sum of $41.66 2/3 it being one third of said sum & that he is chargeable as Guardian with Two thirds of the amount of said sale being $83.33 1/3. Interest on the said last Mentioned Sum up to this date $38.66 X together the sum of $121.99 1/3, and then upon said Smith files voucher No 6 amount $16.33 1/3 which is allowed by the Court and passed to the Credit of said Gabbert leaving in his hands the sum of $105.66 and said Smith files his receipt for the said last mentioned sum being $105.66 which closes the Guardianship of said Gabbert in full, which is approved by the Court.
Comes Robert Smith Sr Guardian of the Heirs of Joseph Lockheart Decd and acknowledges the receipt of $105.66 from Thomas Gabbert former Guardian of said wards, as appears by the settlement of said Gabbert herein __
And later that day….
Probate Book D, page 246
Thursday, November 17, 1842
James Smith
vs. In Chancery
Thomas Gabbert et al
Comes said Complt by his atty and also comes J. G. May Esq Guardian Ad litem of Minor Defts herein, and files his answer setting forth that he is ignorant of the Matters and things in said Complts Bill of Complt and praying the Court to protect the interest of said Minors and thereupon on Motion of said Complt by his said Solct, the deposition on file herein are ordered to be published, and said Defendants having been there soleXmly called come not but Make Default and it appearing to the satisfaction of the Court that process X herein had been duly served on said Defendants at least thirty days before the first day of the present Term of this Court. And on Motion of said Complainants solicitor this Cause is submitted to the Court on bill answer and deposition, and the Court take further time to consider herein, until tomorrow to which time this Cause is deferred __
***(See synopsis at end of listings.)
Probate Book D, page 391
Friday, February 16, 1844
Comes Robt Smith Sr Guardian of Joseph Lockhearts Heir’s and files his account Current herein. Acnt of former Guardian $105.66. Interest up to this date $7.76. Making in all $113.42 and he files Vouchers from No 2 to 5. X amounting to $13.09 which are allowed by the Court and passed to his Credit & leaves a balance of $99.44 in his hands with which he is chargeable & is approved by the Court__
October 1844 Joseph’s (Jr.) grandfather Thomas Gabbert dies in Buchanan County, Missouri.
December 21, 1845 Joseph’s brother Thomas marries Nancy Hostetler in Lawrence County, Indiana.
January 14, 1846 Joseph’s (Jr.) grandfather William Lockhart dies and is buried at Mill Creek Cemetery, Washington County.
Minute Book E, page 441
Wednesday, February 10, 1847
Comes Robert Smith Guardian of the Heirs of Joseph Lockhart Deceased and moves the Court for Settlement and files his account Current. Balance in his hands at last settlement $99.44 interest on said sum to this date $19.69 making in all the sum of $116.13 and he files vouchers no 6 to no 9 amounting in the aggregate to the sum of $17.16 which are allowed by the court and leaves a balance in his hands for said Heirs of $98.17. To Joseph Lockhart one of said Heirs $49.48 and he files distributive receipt no 1 for $15.80 X to Thomas leaving a balance for said Thomas of $33.68 with which balances Said Guardian is chargeable. All of which is approved.
Minute Book F, page 264
Saturday, May 18, 1850
Comes Robert Smith Guardian of the minor heirs of Joseph Lockhart decd and files the receipts of Thomas Lockhart for twenty three dollars and sixty eight cents and of Joseph Lockhart for fifty six dollars & twenty cents, in full of their respective shares in the personal estate of said deceased. Which closes the trusts of said Guardian and said Wards all of which is approved by the court.
Minute Book F, page 293
Friday, August 16, 1850
Comes Jehu Hungate Guardian of Joseph Lockheart and files the Receipt of said Ward for one hundred and fourteen dollars and twenty seven cents in full.
1850 census taken August 19 Vernon Township, Washington County. Joseph listed as a farm laborer living with his great aunt and uncle Zachariah and Keziah De Pauw Collier.
Also on the 1850 census for Vernon Township is Joseph’s brother Thomas listed as an engineer and Thomas‘ wife Nancy and a one year old baby girl Cyntha Hungate.
August 2, 1852 marriage license issued to Joseph Lockhart and Mary E. Elliott in Washington County, Indiana. No return seems to have been filed.
Benjamin Franklin Lockhart born August 1853.
William C. Lockhart born 1854.
Sarah A. Lockhart born 1857.
1860 census Northeast Township, Orange County, Indiana. Listed as 30 year old farmer with his wife Mary and children Franklin, William and Sarah.
October 16, 1863 Joseph’s uncle, William Gabbert, dies in Benton County, Arkansas.
William Gabbert was a Guerilla or Bushwacker in Vernon Co, Missouri during the Civil War. Following is a quote from the Bushwacker Museum and Vernon County Historical Society.“On May 26, 1863, the day Federal militia burned Nevada (a town in Missouri), Gabbert and his band had raided and burned the militiamen's own homes in Cedar County. Cutting their returning trail, the militia followed them."They are doubtless at old Bill Gabbert's," said the leader, Capt. Anderson Morton, "for that is a noted guerrilla rendezvous, and old Bill and his boys have been Bushwhackers since the war broke out. "They have been on a raid into Cedar, boys. God knows what they have done. Let us leave none of them alive!" Achieving surprise, the 100 attackers killed seven, and burned the house. "The yells and shouts of the militia, the screams of the frightened women, and the groans of the dying made a most terrifying din." Next day the women buried the "ghastly" corpses in Dunnegan Grove. Gabbert himself was one of those who escaped. He "mounted an un­bridled and unsaddled horse and outstripped the tired and jaded steeds of the militia in a race for life across the prairie." He reached Arkansas safely, but by October 16 was dead of unknown causes, and is reported buried at Walnut Springs, four miles south of Bentonville.”
Rachel Lockhart born August 1864.
Elizabeth Lockhart born January 1866.
March 6, 1866, Keziah De Pauw Collier, Joseph’s great aunt and wife of Zachariah, dies and is buried in Livonia Cemetery, Madison Township, Washington County.
April 5, 1867, Peter De Pauw, Joseph’s great uncle dies in Kentucky.
1870 census taken June 8 Vernon Township, Washington County, Indiana. Listed as a farm laborer with his wife Mary and children Franklin, William C., Sarah A., Rachel and Elizabeth.
Also on the 1870 census Joseph’s brother Thomas and his wife Nancy are listed. Thomas is listed as a farm laborer.
Dora A. Lockhart born.
Jessie H. Lockhart born October 11, 1870.
Effie Lockhart born 1874.
1880 census Brown Township, Washington County, Indiana. Listed as 52 year old laborer with his wife Mary and children Franklin, Rachel, Dora E., Jessie H. and Effie. Census also states that Joseph’s father was born in North Carolina and his mother born in Kentucky.
1880 census for Jefferson Township, Washington County lists Thomas his wife Nancy and a daughter Dora. Thomas’ occupation is now listed as “physician”. This is Joseph’s brother.
Unknown day in 1893 Dr. Thomas Lockhart is buried in Crown Hill Cemetery,
1900 census Bono Township, Lawrence County, Indiana lists Joseph’s wife, Mary E. Lockhart, as a widow living in Bono with her son Benjamin Franklin Lockhart.

***Synopsis of court records mentioned above.
On April 13, 1835 Thomas Gabbert was named guardian of Polly Ann, Thomas and Joseph Lockhart and obtained permission from Probate Court to sell the children’s interest in the real estate left by their father which seems to have been a forty acre farm. After due process, on the day of the auction Rachel Lockhart (Here I am not sure why she is listed as ‘Lockhart’ because she had remarried to George Brittain.) bid $125.00 for the property, which was the appraised price, but could not furnish the proper bond so the property was sold at the above price to James Smith.
In testimony it was stated that Thomas Gabbert took the money but did not report the sale to the Probate Court nor issue a deed to the property and James Smith sues to obtain the deed.
Making a verbose story short, a deed was awarded to Smith but Smith was also charged for one half of the court costs and the defendants paid for one half.