Tuesday, December 10, 2013

Additional notes on Mathias Gabbert 1728-1798, one of my fifth great grandfathers on the Lockhart side.

In a posting on this website May 1, 2010, I made reference to a purchase of 800 acres in the Bear Spring Track by Mathias' father, Frederick. Now, I know that the following bond states this property was purchased in 1745 however, it more than likely was purchased around 1738. As it states in the bond, the property was purchased from Jost Hite. Hite had purchased over 100,000 acres from the royal government of Virginia and had started surveying and selling part of this property. About this time the crown in London confirmed a grant to lord Fairfax for most of the land in Virginia south of the Potomac River this included the Bear Spring Track. After the Revolutionary War Fairfax lost his right to most of the land in Virginia. And after several lawsuits and several years, the land reverted back to Hite and the people who had purchased property from him. This, of course, is a short, quick version of history but you could always Google for the complete story.
Rockbridge County, Virginia Will Book 1, pages 363 & 364.
Left-hand margin:
Gabbert to}
Exam.d &
dele.d to Jn.o

Know all men by these presents I Mathias Kabort of the County of Rockbridge and State of Virginia am held and firmly bound unto John Feller Ulrich Feller, John Mauk, Martin Black and John Black of the County of Shannandoah and State aforesaid in the full and Just some of Two thousand pounds Current Money of Virginia to be paid unto the said John Feller Ulrich Feller, John Mauk, Martin Black and John Black their certain attorney their Heirs or Assigns to the which payment well and truly to be made I bind myself my Heirs Excors and__Administrators firmly by these presents. Sealed with my Seal and Dated this 21st Day of May in the year of our Lord one thousand and Eighty Seven.___

Whereas the said John Feller Ulrich Feller, John Mauk, Martin Black and John Black are now in the possession of a certain Tract of Land lying and being in the County of Shenandoah on a Drain of Toms Brook and known by the name of the Bears _Spring Tract containing eight Hundred Acres be the same more or less under a purchase made by Frederick Kabert of Jost Hite in the year of our Lord 1745__ Now the condition of the above obligation is such that if the above bound Mathias Kabert ^ who is the Heir at Law of the said Frederick Kabert do and shall give up a quit release And Confirm all his right and Title to the above mentioned Tract of Land as Heir at Law ^ to the said John Feller Ulrich Feller John Mauk Martin Black and John Black, to them and their Heirs or assigns forever and to be free and Clear of and from any Claim or Demand of him the said Mathias Kabert or his Heirs. Then the above Obligation to be Void otherwise to remain in full force and Virtue.
Sealed and Delivered Mathias Gabert SEAL
In the presence of}
Wm Pareton
Wm Daviston
george gaberts
At the court held for Rockbridge County April 6th, 1790____
This Obligation from Mathias Gabert to John Feller Ulrich Feller, John Mauk Martin Black and John Black was Acknowledged and ordered to the Recorded Together with the Certificate Annexed____
Teste A.Reid Cl.
These are to Certify that Mathias Gabert is Satisfyed of the whole of the within Obligation this Twenty first Day of May one thousand Seven hundred and Eighty Seven____
William Davison
Wm Pareton
George Gabert
You might notice that the Bond and Certificate are dated May 21, 1787 but they were not recorded until April 6, 1790.

It would appear that the Mathias Gabbert family were Presbyterian at least by the time they reached Rockbridge County. Children Michael who married Rachel Reed in 1786, Rebecca who married Benjamin Hart in 1787, John who married Judith Tuley in 1792 and Elizabeth who married Jonathan Entsminger in 1794 were all married by Presbertian ministers. I have not found any record for my direct relative George who married Ann Reed but I am now trying to find a record in church records in either Augusta, Shenandoah or Frederick Counties in Virgina.

There is an intersting website, Virginia Memory from the Library of Virginia, that has scanned and posted cases from Chancery Courts from counties of Virginia. The scanned images are of some original documents and some court clerk documents.....in this case, 18th century. It does look as if several were written with a dull quill pen and are hard to read and doubly hard to read with the quaint 18th century spelling. None the less, I have tried to follow two cases involving our Mathias and have quoted several of the passages that contain the quaint spelling. Remember, these people transcribing these documents were the educated clerks and in some cases, lawyers of the period.

It appears that on or about the 20th day of October 1769 our Mathias signed a series of bonds as security for Jacob Archenbright. The series of bonds, which were payment for a female slave, were to be paid on differing dates to an Isaac White. It appears Isaac White somehow mislaid at least one of the bonds and requested Jacob and Mathias to either pay the amount that was due to or agree to issue a new bond. It appears that both Jacob and Mathias declined to do so stating that Isaac may have sold the bond to another person. In 1771 Isaac White then sued both Jacob and Mathias for the amount of the bond he lost. There is no final settlement included in this court case posted.

In the second case our Mathias sues the same Jacob Archenbright and Frederick Hanger for non payment for some land and a mill that Mathias sold to Jacob. It appears that Mathias and Jacob wrote an agreement for payment of the property and deposited it with Hanger who was to allow free and open access to each party and supply a copy to either if needed. Mathias sued when Jacob did not make his payments and Hanger refused to give Mathias a copy of the agreement (Or at least, I think that is what happened.).
The following APPEARS to be a copy of the original sale agreement which I have tried to transcribe as written.
Ardickles of on agreemend made agres and Concludet upon This fourth Day of Nouembor and In the year of our Lord one thousent Seven hundert and Sixty Eight Badwen Mathias Geabert of agusty County and Coloney of virchenia of the on part and Jacob Ereenbect yoeman Bouth of the County and Coloney afore sayd ass folo weth uine (NO, I have no idea what the last four words mean.)

Then ardickles ass hereunto folowing hereunto Is to Say that the abovemantioned Mathias geaberd Sould and Delivered and made over unto the sd Jacob Ereenbrect or his hirs and assings on Hundert acre of Land with all the bildings mill XXXXX orchit and all other Conuinnicy Beloning thereto Exebt Som part of the filds and the madow Is Ict Exeblet unto the sd Mathias geaberd which wors Devidt by a Strat Line throu the filds and made acording to the Evidence that hat Ben there at that Presant Time of on Concluding of Such Bargin and for the true performenc Is the sd bargin for and In the Consideration of Two Houndred and fhorty Pount of Curant Lawfull money of virchenia to Be payt unto the Sd mathias geaberd His hirs and assings and to give Bondess for the Sam money the fivflinth of Nouember Nexd the forst Houndert pounts Is to Be payt unto the above Noamed mathais geaberd his hirs and assings this fiflin Day of Nouember Nexd and on of the Bonds Contaning Herafter fivfly pounts to Be payt In the year of our Lord one thousent Seven hundret and Sixty Nine on the fivflin Day of Nouember the Secont Bond Contineous fivfly pounts and Due In the yeare of our Lord one thousent Seven Hundert and Seventy and the Last Bond Is thorty pounds to Be Due In the yeare of our Lord one thousent Seven Hundert and Seventy on the fivflin Day of Nouember and the Sd Jacob Ergenbrect Is to In habid and posSeas the House mill of Such ualich at Eny tim Here after and the Sd mathias geaberd most Have Hous room along with till Such time as he Is movin a New house for Him Sealf and for the two par for menu Herof and all Sinulor Is that the ardickels Be Kiebt fulfild an the Sd partis Bindith them Selfs on to the other and the other to the other In the Penal Som of foure houndert and Sixty pounls of Curant Law ful Lawful Money of virchenia wherunto the Sd parlis In withnos herof Inchanchably Have put thir Hands and Seals the Day and yeare above Rilne Sealed and delivered
In the presents of us
John (unreadable) Mathias Gabbart (signature and seal)
Andrew Buchung (his mark)
John Henry Entsminger Jacob Ergenbrect (his mark and seal)

Additional unreadable notes in two different hands lower right.

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