Some recorded events in the life of Johann Frederich Gebert and his son Mathias Gabbert and George Gabbert, son of Mathias.
(Also Gabert, Gabbard, Gabbart, Gabbord, Gabhart, Gybert, etc.)
Johann Friedrich Gebert born April 10,1699 in Schwaigern, son of Peter and AnnaBarbara Macthlin Gebert.
Johann Federich married Susanna Catharina Boger Reiner on April 12, 1723. Susanna was a widow and the daughter of Hans Michael and Anna Dorothea Müller Boger.
heir son Mathias was baptized February 24, 1728 in Schwaigern, Württemberg (now Baden-Württemberg, Germany).
Johann Friedrich Gebert and his family left their home in 1731 and made their way north to the port of Rotterdam where they boarded the ship Pennsylvania Merchant. The ship first stopped at Dover, England where they cleared customs and took a loyalty oath and then sailed on arriving in North America at Philadelphia with his family on Tuesday, September 11, 1731.
The records for Frederich in North America are difficult but with persistence and using a variety of spellings for the last name I have been able to piece a few events together. I have not found any record between the years 1731 to 1735 nor after 1750.
" Early Lutheran baptisms and marriages in southeastern Pennsylvania", by John Caspar Stoever, page 19.
"Frederich Gebert, (Shenandoah.)
Gebert-Susanna Catarina, b. June 27,1736; bap. Aug. 29, 1736. Sponsor, Clara Strubel."
John Caspar Stoever was pastor of Hebron Lutheran Church (Same church that the Zimmerman and Tanner family belonged.) in an area that was, to begin with, Spotsylvania County, Virginia and then Orange County was formed and took in part of the area and then Culpeper County was formed and took in part of the area and then Madison County was formed and took in part of the area. To complicate this matter, Frederick and Augusta County were formed taking parts of Orange County (This is actually a simplification of the formation of the counties, see notes at end to see actual formation.) . Okay, Frederich was located in the Shenandoah area of Orange County, Virginia in 1736 (and this area became part of Frederick County in 1743) and not in southeastern Pennsylvania. (Oh by the way, Susanna Catarina was the sister of Mathias Gabbert.) It appears that Frederich then moved further south in the Shenandoah area in early 1738.
" Early Lutheran baptisms and marriages in southeastern Pennsylvania", by John Caspar Stoever, page 19.
"Frederich Gebert, (Shenandoah.)
Gebert-Susanna Catarina, b. June 27,1736; bap. Aug. 29, 1736. Sponsor, Clara Strubel."
John Caspar Stoever was pastor of Hebron Lutheran Church (Same church that the Zimmerman and Tanner family belonged.) in an area that was, to begin with, Spotsylvania County, Virginia and then Orange County was formed and took in part of the area and then Culpeper County was formed and took in part of the area and then Madison County was formed and took in part of the area. To complicate this matter, Frederick and Augusta County were formed taking parts of Orange County (This is actually a simplification of the formation of the counties, see notes at end to see actual formation.) . Okay, Frederich was located in the Shenandoah area of Orange County, Virginia in 1736 (and this area became part of Frederick County in 1743) and not in southeastern Pennsylvania. (Oh by the way, Susanna Catarina was the sister of Mathias Gabbert.) It appears that Frederich then moved further south in the Shenandoah area in early 1738.
Okay, now for a quote or two from "The planting of New Virginia: Settlement and Landscape in the Shenandoah Valley", written by Warren R. Hofstra, page 138. This quote is taken from a deposition made in 1789 or about fifty one years after the event. In other words, the date of 1738 could be somewhat suspect it may even have been as early as 1736. "Gabbard and his family arrived at Opequon from Pennsylvania (Perhaps Mr. Hofstra did not find the baptism above or did not know about the change in spelling.) in spring 1738 and found Jacob Funk. Gabbard asked if Funk "knew of Any Land to be Sold?" To Funk’s reply that there was "none for Sale at this time," Gabbard lamented that "he did not know what he shou’d do, if he could Get no Land." Funk volunteered that "he would let some Ground to make a Spring Crop," and Gabbard "went to work on it Seven or Eight days." Then John Parrot came down from the North Mountain tract and told Gabbard that he "knew a tract of Land for him (there) which was called the bear Spring tract." The land had already been surveyed so Gabbard went home with Parrot to view it. The following day Gabbard went to see Hite (Jost Hite) and made arrangements to pay for the land. Gabbard then set off with his wagon, team, and family to take possession of his new holding."
And then on page 221 of the above reference. "Although servants constituted an often troublesome population, their skills helped run the exchange economy. Masters traded their labor much as they would flour, horses, linen, or any other good, as Thomas Gray did when he debited Frederick Gabbard three pounds for "30 days work of Patterick Morain My Servt., a Mason."
Both of these quotes have footnotes mentioned and while I am searching for copies of the records, I have not been able (yet) to find them.
The above mentioned book by Hofstra is an extremely valuable tool in learning about the day to day life of the settlers in this area and is readily available online in both soft and hard covers. NO, I do not receive a commission.
And then on page 221 of the above reference. "Although servants constituted an often troublesome population, their skills helped run the exchange economy. Masters traded their labor much as they would flour, horses, linen, or any other good, as Thomas Gray did when he debited Frederick Gabbard three pounds for "30 days work of Patterick Morain My Servt., a Mason."
Both of these quotes have footnotes mentioned and while I am searching for copies of the records, I have not been able (yet) to find them.
The above mentioned book by Hofstra is an extremely valuable tool in learning about the day to day life of the settlers in this area and is readily available online in both soft and hard covers. NO, I do not receive a commission.
Johann Ferederich signed a road petition on 3 Feb 1742/3, in the Shenandoah region of Orange Co., as Frederick Gabbart (Germanna notes). I have searched the published Road Order Books for this date and could find no reference to this petition. However I was able to find mention of several petitions from another source that did not mention Johann Frederich by name, "it often appears that they (German Lutherans) entered the Valley from different points, one of these being Funk's Settlement near the site of the present town of Strasburg. They were struggling to have a road from their Settlement to Orange Court House; and later for a ferry across Sherando River, and also a road to the county seat of Frederick County." Page 189, Shenandoah valley pioneers and their descendants : a history of Frederick County, Virginia (illustrated) from its formation in 1738 to 1908, T. K. Cartmell, 1909. See map for location of Strasburg.
I have had a problem in obtaining copies of pages and clerk’s copies. I have marked some entries X to indicate that while I have found footnotes or references to specific pages and or deeds or wills, I have been unable to receive copies of same.
X "Abstracts of Virginia’s Northern Neck Warrants and Surveys Orange & Augusta Counties", volume 1, Joyner, page 57.
Frederick County, Virginia Road Orders, 1743-1772, By Virginia Genealogical Society.
"Frederick County (Virginia) Order Book 2 (1745-1748)
4 March 1745 O. S., FOB 2, p. 28
George Dellener is hereby Appointed Overseer of the Road from Ceedar Creek to Funk’s Mill & also Frederick Gabbert is hereby Appointed Overseer of the road from the said Funk’s Mill to the County Line & its Ordered that the Tithables living within three miles of the said Road Work on the same And its further Ordered that the said George Dellener & Frederick Gabbert Cause the said Road to be Kept in good repair According to Law --"
"Frederick County (Virginia) Order Book 3 (1748-1751)
14 February 1749 O. S., FOB 3, p. 205
John Funk Junr is hereby appointed Overseer of the Road from from Funks Mill to Augusta Line in the room of Frederick Gabbert and it is Ordered that the Tithables that worked under the sd Gabbert work under him and that the sd Funk Keep the sd Road in Repair according to Law." See map for location of Funk’s Mill and Augusta County line.
"Frederick County (Virginia) Order Book 2 (1745-1748)
4 March 1745 O. S., FOB 2, p. 28
George Dellener is hereby Appointed Overseer of the Road from Ceedar Creek to Funk’s Mill & also Frederick Gabbert is hereby Appointed Overseer of the road from the said Funk’s Mill to the County Line & its Ordered that the Tithables living within three miles of the said Road Work on the same And its further Ordered that the said George Dellener & Frederick Gabbert Cause the said Road to be Kept in good repair According to Law --"
"Frederick County (Virginia) Order Book 3 (1748-1751)
14 February 1749 O. S., FOB 3, p. 205
John Funk Junr is hereby appointed Overseer of the Road from from Funks Mill to Augusta Line in the room of Frederick Gabbert and it is Ordered that the Tithables that worked under the sd Gabbert work under him and that the sd Funk Keep the sd Road in Repair according to Law." See map for location of Funk’s Mill and Augusta County line.
The following records marked with an * are from, Northern Neck Warrants and Surveys,Volume 2, Frederick County, Virginia, Peggy Shomo Joyner. (My comments.)
*p.149-Wolrick Stoner, surveyed 25 Apr. 1750; 183 a. where he lives on TomsBrook; adj. Mary Little, John Huddle, Christopher Wandell, Frederick Gabbord. CC: Augustine Wandell and Rynard Bauden. (Well, in this survey, we have another spelling for the last name, Gabbord. I have included this note to show that Frederich did indeed live in the Toms Brook area and, I assume, was alive in 1750.)
It seems apparent to me that Mathias was also in the Toms Brook area as an adult.
*p.160- Philip Wendal, assignee of Christopher Wandall, 17 Feb. 1751-25 Apr.1751; 220 a. on Toms Brook. CC (chain carrier): Valentine Wendall, Ulrick Stoner, Mathias Gabbert.
*p.160- Philip Wendal, assignee of Christopher Wandall, 17 Feb. 1751-25 Apr.1751; 220 a. on Toms Brook. CC (chain carrier): Valentine Wendall, Ulrick Stoner, Mathias Gabbert.
*p.79-Charles Huddle of Augusta Co., surveyed 17 May 1751, 346 a. on Tom'sBrook, a branch of the North River of Shannandoah, adj. Christopher Windel,Abraham Denton. CC (chain carriers): Caleb Odle and Mathias Gabbert.
A warrant, February 17, 1752, of the Northern Neck Proprietary of Virginia, issued to Robert Rutherford to survey four hundred acres in Frederick County, Virginia, for Mathias Gabbert. The warrant is signed by William Fairfax and states in part, "….Whereas Mathias Gabbert of Frederick County hath informed that there are about Four Hundred Acres of Waste and ungranted land where he Lives in the said County, bought of Jost Hite ……….." I believe that this warrant and the following entry are for the same property.
I had a vigorous debate with myself (a habit of mine which seems to be occurring more frequently as I age) about whether I should try to explain some of the terms and procedures used in 18th century land sales in Virginia and mention a very lengthy lawsuit in which Jost Hite sued lord Fairfax. In the end I decided it probably would not be within my limited mental capacity to do so. If you have an interest, you can always GOOGLE.
*p.131-Jacob Rife, assignee of Mathias Gabbord/Gabbert; no warrant, survey17 Feb. 1752-25 April 1752; 300 a. on Toms Brook including where he lives;adj. land surveyed for widow and orphans of Thomas Little (Toms Brook named after this man), Ulrich Stoner, Christopher Wendall, Charles Huddle, Rinard Borden. CC: Ulrich Stoner, Michael Gabbert, Christopher Wandall
*p.104- Peter Mauk, surveyed 14 April 1755; 400 a. where he lives on drs. ofToms Brook, branch of North River (Shenandoah), adj. (property adjacent to property owned by) Charles Huddle, Mathias Gabbert, Rynard Boddin (Borden), Henry Fravel. CC: Henry Fravel and Conrad Sox. Markers: Peter and John Mauk.
Mathias’ son George was born about 1757 and most family trees say that he was born in or near Lexington, Virginia. Well, the city of Lexington, originally known as Gilbert Campbell's Ford, was established as the town of Lexington in the Spring of 1778. The name chosen by the Virginia Legislature for the new county seat (Rockbridge) was in honor of the first great battle of the Revolutionary War, the battle of Lexington, Massachusetts, which had occurred three years earlier. The property records that I have been able to locate place Mathias close to Toms Brook from 1751 to 1767 therefore, George was, more than likely, born in Toms Brook (see items above). Toms Brook is located quite a bit north and east of the Gilbert Campbell’s Ford area.
Mathias’ son George was born about 1757 and most family trees say that he was born in or near Lexington, Virginia. Well, the city of Lexington, originally known as Gilbert Campbell's Ford, was established as the town of Lexington in the Spring of 1778. The name chosen by the Virginia Legislature for the new county seat (Rockbridge) was in honor of the first great battle of the Revolutionary War, the battle of Lexington, Massachusetts, which had occurred three years earlier. The property records that I have been able to locate place Mathias close to Toms Brook from 1751 to 1767 therefore, George was, more than likely, born in Toms Brook (see items above). Toms Brook is located quite a bit north and east of the Gilbert Campbell’s Ford area.
12 Sept. 1766- Mathias (x) Gabart to Rife; adj. land surveyed for widow and orphans of Thomas Little, Ulrich Stoner, Christopher Wendall, Charles Huddle, Rinard Borden and Peter Mauk.
A "deed" for 410 acres from lord Fairfax to Peter Mauk of Frederick County states, in part, the following:
"…. to Mathias Gabberts survey, then with Gabberts line …..to three hickorys Gabberts Corner……….given at my office in the County of Frederick under my hand & Seal dated the 3rd of Aug. AD 1767______" This "deed" may be connected to the survey listed above dated 14 April 1755. Above from Library of Virginia.
A "deed" for 410 acres from lord Fairfax to Peter Mauk of Frederick County states, in part, the following:
"…. to Mathias Gabberts survey, then with Gabberts line …..to three hickorys Gabberts Corner……….given at my office in the County of Frederick under my hand & Seal dated the 3rd of Aug. AD 1767______" This "deed" may be connected to the survey listed above dated 14 April 1755. Above from Library of Virginia.
The following records marked with + were found in "Chronicles of the Scotch-Irish Settlement in Virginia, 1745-1800. Extracted from the Original Court Records of Augusta County" by Lyman Chalkley. The entire three volume set can be found on the web.
Book No. 14, Augusta County (Virginia), page 326. January 29, 1768.
John Henry Eastminger, blacksmith, to Mathias Gabert, £40, blacksmith's tools, cows, iron stove and all the articles in the house belonging to me; mortgage. Teste: Simon Robinson, Margaret ( ) Clotzhine, Elizabeth ( ) Sasinger. (I had at first thought that this was a deed for land and property but it is a mortgage or loan from Mathias to John Henry Eastminger to be repaid "on the first day of December next". I have a clerk’s copy.)
John Henry Eastminger, blacksmith, to Mathias Gabert, £40, blacksmith's tools, cows, iron stove and all the articles in the house belonging to me; mortgage. Teste: Simon Robinson, Margaret ( ) Clotzhine, Elizabeth ( ) Sasinger. (I had at first thought that this was a deed for land and property but it is a mortgage or loan from Mathias to John Henry Eastminger to be repaid "on the first day of December next". I have a clerk’s copy.)
+April 6, 1768 Mathias Gabert witnessed a deed of sale, Samuel McNabb to Jacob Gabhart, in Beverley Manor, Augusta County.
+15th August, 1768. John Brown and Margaaret to James Brown, £100, 295 acres in Beverley Manor on both sides of the Creek on which Gabert's Mill stands, conveyed by Samuel Young to John, adoining William McCintage and others. Delivered: James Brown, June, 1769. (If you are wondering why I included this entry, check May 14, 1770 below.)
+Mathias Gabbert Date: 17 Oct 1769 Location: Augusta Co., VA Property: 150 acres in Beverley Manor; corner Samuel Young, William McClintock's line. Notes: Remarks: Property transferred to grantor by his father Robert by deed of gift. Agness Young, widow of Robert, release dower in above. Delivered to Mathias Gabbert, 1780. Description: Mentioned Book_Date: 16-139
+May 14, 1770. Mathias Gabbert and Christian ( ) to James Brown, £35, 7-1/2 acres, part of a tract bought of James Young. Delivered: Jas. Brown, April, 1783.
I had wondered why this property with only 7 ½ acres would sell for 35 pounds when properties with much more acreage sold, comparatively, for much less per acre. The answer COULD be that this property contained a mill.
I had wondered why this property with only 7 ½ acres would sell for 35 pounds when properties with much more acreage sold, comparatively, for much less per acre. The answer COULD be that this property contained a mill.
+Mathias Gabbert Date: 26 Nov 1771 Location: Augusta Co., VA Property: 105 acres in Beverley manor, corner Wm. McClintock in James Young's part of said 550 acres, Samuel Young's line. Remarks: Robert is formerly of Augusta County. Property conveyed to grantor by his father, and part of 550 purchased by Robert's father from Beverley. Deed Book 18 page 72.
The approximate location on all of the Beverley Manor property can be found on maps of the original grants to James, Samuel and Robert Young. www.rootsweb.ancestry.com/~vaaugust/bevnwmap.html
The approximate location on all of the Beverley Manor property can be found on maps of the original grants to James, Samuel and Robert Young. www.rootsweb.ancestry.com/~vaaugust/bevnwmap.html
Dunmore County was formed in 1772 from parts of Frederick and Augusta Counties and named for an English Governor but the name was changed to Shenandoah in 1778. Toms Brook is now located in Shenandoah County, Virginia.
The name of George Gabbard of Augusta County appears in an index to the names of Virginia citizens or soldiers from the counties of Augusta, Bedford, Botetourt, Culpeper, and Fincastle who were compensated in 1775 for supplies and service during Dunmore’s Expedition in 1774. "Lord Dunmore’s Little War" was a conflict between the Colony of Virginia and the Native Americans of the Ohio Valley. In George’s case, the compensation was for 17 days service. Original pay book in the collection of the Library of Virginia.
http://www.valleyconservation.org/2-MBC-Historic.PDF
Germans In the Middlebrook-Brownsburg Corridor (Augusta County-Rockbridge County)
In addition to the Scots-Irish, small numbers of Germans who migrated from the Rhineland and Palatinate also settled in the upper Valley, as did a few English who traveled across the Blue Ridge and up the James River drainage. By 1769, families with German names (Hanger, Gabbert, Olinger) had purchased land on Eidson Creek (a few miles north and west of Staunton). Enough German families came to the Dutch Hollow Branch area that this tributary to Walker Creek was named for them. By 1789, a sufficient German community was established so that a log Meeting House (used by Lutheran and Reformed congregations) was constructed near the present-day St. John's United Church of Christ in Middlebrook. The families of German heritage maintained their identity in their tight-knit settlements, such as the one located at Sugar Loaf Mountain.
Virginia 'Publick' Claims Augusta County, Compiled & Transcribed by Janice L Abercrombie & Richard Slatten. Copied from original Revolutionary Claims in the Library of Virginia, Page 15. "Mathias Gabert 85 bu corn." (Listed in Library of Virginia index as Gabbart, Mathias Note at end about claims. This does muddy the water about the location of Mathias at this time. Was he still in Augusta or was he in Rockbridge as stated in the tax levy for 1779?"
Microfilm, Augusta County Court Martial Records, 1756 - 1783, Library of Virginia.
Gabbart, George 1778: pages 107, 108 1779: pages 127, 128, 157
It seems that it took five entries on five pages to "find" George five shillings for "….not appearing at one private Muster 25th Oct 1777."
During this period Virginia counties had militias for defense of the county and state. If you missed a muster, you could face court martial and be fined.
Gabbart, George 1778: pages 107, 108 1779: pages 127, 128, 157
It seems that it took five entries on five pages to "find" George five shillings for "….not appearing at one private Muster 25th Oct 1777."
During this period Virginia counties had militias for defense of the county and state. If you missed a muster, you could face court martial and be fined.
+Delinquents, Augusta County (tax) Levy for 1779…………Mathias Gabert, removed to Rockbridge.
16 May 1780 in Augusta County, Virginia "Mathias Gabbert and his wife Christian" (Augusta Co. Deed Book 23, p.244) for the sum of 165 pounds sold a parcel of land containing 205 acres. (The parcel was located about 2 miles east of the town ofMiddlebrook and 9 miles southwest of Staunton on the waters of Christian's Creek. I have a clerk’s copy of this deed and it shows that Mathias signed the deed. His wife, Christian, (Christina) signed with her mark.)
I have decided to transcribe parts of this land grant because it is unusual.
"Matthias Gabort
116 acres
Examined
Thomas Jefferson Esquire Governor of the Commonwealth of Virginia to all to whom these presents shall come Greeting Know ye that in consideration of the Ancient Composition of fifteen shillings sterling paid by Matthias Gabort into the Treasury of this Commonwealth there is granted by the said Commonwealth unto the said Matthias Gabert, as assignee of Nathaniel Evins, who was assignee of James Edmiston a certain Tract or parcel of Land containing one hundred and sixteen acres by Survey bearing the date the fifth day of March one thousand and seven hundred and sixty two lying and being in the County of Augusta upon the Buffelo Hill opposite to the Mouth of Buffelo Creek …………….."
The above land grant is dated, "the first day of September in the year of Our Lord One thousand seven hundred and eighty….". The grant is unusual because there are two different assignees, the length of time between the survey and the grant and when the land was surveyed (1762) it was located in Augusta County but when the grant was made (1780), the land was located in Rockbridge County.
"Matthias Gabort
116 acres
Examined
Thomas Jefferson Esquire Governor of the Commonwealth of Virginia to all to whom these presents shall come Greeting Know ye that in consideration of the Ancient Composition of fifteen shillings sterling paid by Matthias Gabort into the Treasury of this Commonwealth there is granted by the said Commonwealth unto the said Matthias Gabert, as assignee of Nathaniel Evins, who was assignee of James Edmiston a certain Tract or parcel of Land containing one hundred and sixteen acres by Survey bearing the date the fifth day of March one thousand and seven hundred and sixty two lying and being in the County of Augusta upon the Buffelo Hill opposite to the Mouth of Buffelo Creek …………….."
The above land grant is dated, "the first day of September in the year of Our Lord One thousand seven hundred and eighty….". The grant is unusual because there are two different assignees, the length of time between the survey and the grant and when the land was surveyed (1762) it was located in Augusta County but when the grant was made (1780), the land was located in Rockbridge County.
X September 4, 1781, Rockbridge County, Deed Book A, page 321. Nathaniel Evins and Mary his wife sell to Mathias Gabbert, 104 acres.
X September 4, 1781, Rockbridge County, Deed Book A, page 323. Mathias and Christina his wife sell to George Gabbert, 116 acres.
X May 21, 1787 Mathias filed a bond to secure title to 800 acres that his father Frederick purchased from Jost Hite in 1745.
X April 6, 1790, Rockbridge County, Will Book 1, pages 363-364. I believe this to be the settlement of the bond and title action directly above. One of the witnesses was "George Gaberts".
Another partial land grant transcription.
"Mat^thias Gabert
249 Acres
Rockbridge
Exd
……………by virtue of a Land Office Treasury Warrant, Number fourteen thousand three hundred and ninety eight issued the twenty fifth day of September one thousand seven hundred eighty two there is Granted by the said Commonwealth unto Matthias Gabert a certain Tract or parcel of Land containing two hundred forty nine Acres by Survey bearing date the nineteenth day of December one thousand seven hundred and ninety two lying and being in the County of Rockbridge on the waters of the North River adjoining the Lands of ……..George Gabert, Peter Whittenhall and his own….".
The above grant is dated October 7, 1795. Of interest, George Gabert, Mathias’ son and Peter Whittenhall, husband of Catherine Gabbert, so Mathias’ son in law. Of course, "his own" means this property also bordered on Mathias’ property. Both of the above grants, Library of Virginia. Regarding the Virginia Land Office Warrant no. 14398. This warrant was issued to James Mason in September 25, 1782 for over 1,000 acres. Mr. Mason later assigned (sold) the rights to parcels of land to other individuals. Matthias Gabert was one of those individuals and he obtained a grant for 249 acres of land in Rockbridge County in 1795.
"Mat^thias Gabert
249 Acres
Rockbridge
Exd
……………by virtue of a Land Office Treasury Warrant, Number fourteen thousand three hundred and ninety eight issued the twenty fifth day of September one thousand seven hundred eighty two there is Granted by the said Commonwealth unto Matthias Gabert a certain Tract or parcel of Land containing two hundred forty nine Acres by Survey bearing date the nineteenth day of December one thousand seven hundred and ninety two lying and being in the County of Rockbridge on the waters of the North River adjoining the Lands of ……..George Gabert, Peter Whittenhall and his own….".
The above grant is dated October 7, 1795. Of interest, George Gabert, Mathias’ son and Peter Whittenhall, husband of Catherine Gabbert, so Mathias’ son in law. Of course, "his own" means this property also bordered on Mathias’ property. Both of the above grants, Library of Virginia. Regarding the Virginia Land Office Warrant no. 14398. This warrant was issued to James Mason in September 25, 1782 for over 1,000 acres. Mr. Mason later assigned (sold) the rights to parcels of land to other individuals. Matthias Gabert was one of those individuals and he obtained a grant for 249 acres of land in Rockbridge County in 1795.
+September 1795, Mathias Gabbert vs. Jacob Bailor. Eject. 105 acres in Beverly Manor formerly Robert Young's. (See notes below.)
On or about September 6, 1796 George Gabbert sells 105 acres to Peter Gabbert and John Gabbert, all the above land in Rockbridge County.
September 6, 1796, George Gaberts and Michal Gaberts sell 100 acres in Rockbridge County.
Mathias dies June 1, 1798.
Mathias dies June 1, 1798.
X Mathias Gabbert will proved June 5, 1798 (or July3, 1798) with codicil dated February 14, 1798. Rockbridge County, Will Book 2, pages 83-86.
X Estate inventory April 2, 1799.
X April 6, 1807, Rockbridge County, Deed Book F, pages 131-132,
+Page 112-113 Chalkley-Scotch Irish Settlement of Virginia, Augusta Co., Vol. II
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 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. (See notes below.)
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 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. (See notes below.)
+Affidavit 23d March, 1809, that George, Michael, John Gabhart and Peter Witlinghill and Catherine, his wife, are non-residents.
I have tried to obtain copies of this court case from Augusta County and they informed me they do not have the records. Augusta County did, however, send some information about the settlement.
I have tried to obtain copies of this court case from Augusta County and they informed me they do not have the records. Augusta County did, however, send some information about the settlement.
And now, for fun, I have transcribed (as close to exact as I could) a printed form from (and I am guessing here) the Chancery District court. I also assume that some of you will put two and two together and figure out that the following transcription concerns the "Eject" of Jacob Bailor in 1795 and the law suit filed in 1805. Since I could not find any records pertaining to our George who had "removed to Kentucky", I included his brother’s records.
KNOW all men by thefe Prefents, That we Peter Gabhart and James Mitchell are held firmly bound unto George Bailor Executor of Jacob Bailor dcd in the juft and full fum of one hundred & fifteen Dollars twenty five cents to be paid unto the faid Geo. Bailor Exc of Jacob Bailor Dec and his attorney, his heirs, executors, adminiftrators, or affigns ; to which payment well and truly to be made, we bind ourselves jointly and feverally, and each of our joint and feveral heirs, executors and adminiftrators, firmly by thefe prefents. Sealed with our feals, and dated this 24th day of February 18-10
The Condition of the above Obligation is fuch, That whereas George Bailor Executor of Jacob Bailor dcd hath fued out of the Chancery^District court - holden at Staunton a writ of Fieri Facias against the Goods and Chattles of -----------Geo Gabhart Michael Gabert Peter Gabhart Jno Gabhart Hannah Gabhart Sally Gabhart Peter Wilenghill & Catharine his wife Jonathan Intsminger & Eliizabeth his wife Benjamin Hart & Peggy his wife & Peter Gabhart & Christina his wife heirs at Law of Matthias Gabert------------upon a judgment obtained in the faid court ; which writ with the legal cofts attending the fame amounts to the fum of fifty seven Dollars & sixty three cents
And directed to the Sheriff of Augusta County And whereas John H, Hyde deputy for Alesir Nelson Sheriff of the faid County of Augusta by virtue of the faid writ, hath taken the following property belonging to the faid Peter Gabert to fatisfy the fame, to wit : one bay mare & four Caves (I am not sure but I assume it should be calves.)
And the faid Peter Gabhart being desirous of keeping fame in his poffeffion until the day of fale thereof, hath tendered the above bound James Mitchell as fecurity for the forthcoming and delivery thereof, on the day, and at the place of fale. Now if the above bound Peter Gabhart and James Mitchell or either of them, do and fhall deliver the aforefaid property to the faid Sheriff ----------------at the Widow Chambers Tavern in Staunton on the 10th day of March next then and there to be fold to fatisfy the faid George Bailor Execution, then the above obligation to be void, elfe to remain in full force and virtue.
Signed in the presence of
John H. Hyde Peter Gabert seal
James Mitchell seal
The Condition of the above Obligation is fuch, That whereas George Bailor Executor of Jacob Bailor dcd hath fued out of the Chancery^District court - holden at Staunton a writ of Fieri Facias against the Goods and Chattles of -----------Geo Gabhart Michael Gabert Peter Gabhart Jno Gabhart Hannah Gabhart Sally Gabhart Peter Wilenghill & Catharine his wife Jonathan Intsminger & Eliizabeth his wife Benjamin Hart & Peggy his wife & Peter Gabhart & Christina his wife heirs at Law of Matthias Gabert------------upon a judgment obtained in the faid court ; which writ with the legal cofts attending the fame amounts to the fum of fifty seven Dollars & sixty three cents
And directed to the Sheriff of Augusta County And whereas John H, Hyde deputy for Alesir Nelson Sheriff of the faid County of Augusta by virtue of the faid writ, hath taken the following property belonging to the faid Peter Gabert to fatisfy the fame, to wit : one bay mare & four Caves (I am not sure but I assume it should be calves.)
And the faid Peter Gabhart being desirous of keeping fame in his poffeffion until the day of fale thereof, hath tendered the above bound James Mitchell as fecurity for the forthcoming and delivery thereof, on the day, and at the place of fale. Now if the above bound Peter Gabhart and James Mitchell or either of them, do and fhall deliver the aforefaid property to the faid Sheriff ----------------at the Widow Chambers Tavern in Staunton on the 10th day of March next then and there to be fold to fatisfy the faid George Bailor Execution, then the above obligation to be void, elfe to remain in full force and virtue.
Signed in the presence of
John H. Hyde Peter Gabert seal
James Mitchell seal
It appears that wherever Peter Gabert was on the 10th day of March of 1810, he was not at Widow Chambers Tavern in Staunton to deliver his "bay mare and four caves". Accompanying this lot of papers are two notices of forfeiture on the bond, one dated "16th day of May 1810 and one dated "8th day of February 1811". I assume that you have figured out that this Peter Gabert is our George’s brother and that the second Peter Gabhart (and Christina his wife) mentioned in the above bond is George’s brother-in-law.
I am digressing a bit here to follow George and include some deeds for George from Lincoln County, Kentucky and other information. Sorry if you find it confusing but I thought it best to finish the Bailor law suit before following George to Kentucky.
Sometime between 1803 and 1807 George Gabbert and family moved to Kentucky.
Peter Gabbert of Augusta County, son of Jacob Gabbert, signed a bond to marry George’s sister Christina (mentioned above) on November 20, 1803. She is listed as daughter of Matthias, deceased, and John Gabbert swore that his sister was over 21. The bond was witnessed by George Gabbert proving that George had not yet departed for Kentucky. It seems unlikely to me that George and family would have left Virginia until the following spring.
Peter Gabbert of Augusta County, son of Jacob Gabbert, signed a bond to marry George’s sister Christina (mentioned above) on November 20, 1803. She is listed as daughter of Matthias, deceased, and John Gabbert swore that his sister was over 21. The bond was witnessed by George Gabbert proving that George had not yet departed for Kentucky. It seems unlikely to me that George and family would have left Virginia until the following spring.
You may have to read these twice (or thrice) but it seems to me that George purchased farm fields from one person and, on an adjoining property, a house and buildings from another person. The dates may pose a problem with this theory but I always say, "Charge ahead anyway!". These first two properties are located between Danville and Hustonville in Lincoln County. I do not think that this is not the first property that George owned in Kentucky but it is the first that I could find. Ira Gabbert had always maintained that the Gabbert homestead was near Kings Mountain which is located several miles to the southeast of this area. Some of you may remember that Thomas Gabbert, son of George, was in Kentucky by April 27, 1807 when he received permission to marry Polly De Pauw from her father Charles.
Deed Book F, pages 27 (double page) & 28. Transcribed in part:
"This Indenture made this thirteenth day of July in the year of our Lord Eighteen Hundred and seven Between Thomas Ball and Mary his Wife of the County of Lincoln of the one part and George Gabbart of the said County of Lincoln of the other part witnesseth, that for and in Consideration of the sum of Eighty Six Pounds Current Money of Kentucky ………. Unto the said George Gabbert, a Certain tract or parcel of Land lying and being in the County of Lincoln on the waters of the Hanging Fork of Dicks River, containing by Survey Eighty Six and three fourth acres and bounded as follows (to wit) Beginning in the big road Leading from Danville to Carpenters Station, in William Warrens Preemption line …………"
The indenture was acknowledged on "the 14th day of September 1807" and ordered to be recorded. In the left hand margin, "Exd. & deld to - Gabbert".
Deed Book F, Page 54 and 55 (double page). Transcribed in part:
"This Indenture made this tenth day of July in the year of our Lord one thousand Eight hundred and Seven Between William Warren of the County of Lincoln on the one part and George Gabbert of the Said County of Lincoln on the other part._______ Witnesseth that for and in Consideration of the sum of fifty Dollars …………. Unto the Said George Gabbert A Certain tract or parcel of Land lying and being in the County of Lincoln on the Waters of the Hanging Fork of Dicks River being part of the tract of Land Whereon the Said Warren now resides Containing fifteen and one half Acres and bounded as follows (to wit) Beginning at two dogwoods trees near the East side of said George Gabberts field ……"
The indenture was acknowledged on the 13th day of July 1807 and received to be recorded.
Some of you may have figured out that this property was a few miles south, down the "big road", from the De Pauw home.
X Deed Book F, Page 67, Heirs of Thomas Montgomery to George Gabbert 500 acres
NOTES;
Frederick County was created from Orange County by an Act of the Virginia Burgesses in November, 1738. It was named for Frederick Louis, Prince of Wales and eldest son of George II. However, because the new county lacked sufficient tithables to support itself, the Governor and Council did not authorize the formal establishment of Frederick until November Court, 1743. In the interim, the first significant group of new settlers had arrived from Pennsylvania, Maryland, and other states north of Virginia. They followed the well-worn Indian trail along the Opequon Valley which became part of the later "Great Valley Road." Other settlers from the Piedmont and Tidewater areas of Virginia soon joined them In its original configuration, "Old" Frederick County encompassed the present counties of Frederick, Clarke, Berkeley (WV), Jefferson (WV), Morgan (WV), and portions of Warren, Hampshire (WV), and Hardy (WV). Frederick grew in size in 1754 when all of Augusta County's land within the boundaries of the Northern Neck were added to it. This brought most of Shenandoah and part of Page County within its jurisdiction. That same year Hampshire County was divided from Frederick. In 1772 Berkeley and Dunmore (later Shenandoah) counties were separated from Frederick. The final division of Frederick's lands came in 1836 with the creation of Clarke and Warren counties. This left Frederick in its present configuration (nine square miles of Frederick's land was annexed to the city of Winchester in 1970). http://www.genealogyresources.org/Frederick.html ^
Virginia 'Publick' Claims Note: The certificates issued by the commissioners of the provision law include date, a description of the item impressed including its value, and the name of the owner of the item. Court booklets and lists compiled by the county courts contain excerpts from the court proceedings and lists of authenticated certificates. The commissioner’s books recorded the date payment was authorized, the name of the claimant, and a description of the property. Biog./Hist. Note During its session begun in May 1780 the General Assembly passed an act authorizing the governor to impress supplies needed by the American army. The governor appointed commissioners of the provision law in each locality to carry out the terms of the act. The commissioner, when he impressed property, gave the owner a certificate describing what was taken. Between 1781 and 1783 county courts held special sessions at which certificates were presented and authenticated, and booklets listing authenticated certificates were compiled and sent to Richmond for settlement. Two commissioners appointed to settle the claims recorded those for which they authorized payment, and warrants were issued by the auditor of public accounts.
Library of Virginia. ^
The above map is based on The Planting of New Virginia by Hofstra, mentioned above, pages 137 and 147 and map 11-A from Pioneers of Old Frederick County, Virginia by O’Dell, page 372.
It shows the approximate location of some of the properties of the North Mountain community. All of these names are mentioned in deeds and warrants included.
It shows the approximate location of some of the properties of the North Mountain community. All of these names are mentioned in deeds and warrants included.
