A Date of Death for Catherine Barbara NOLL (1768-1859)

It’s National Women’s History Month! What better way to start the month than with a post about my latest genealogy *happy dance* find concerning an ancestress who has been featured in several posts with her husband. (see links at the bottom of this post)

It was a known fact that my 5th great-grandmother Catherine Barbara NOLL was still living at the time of her husband Henry RUPE’s death in late November 1845. It has been assumed by some researchers that Catherine died before the 1850 census as she was not listed. I have always thought this to be an error as her daughters Elizabeth Compton, Barbara Rupe, Mary Roop, and Nancy Roop were also omitted even though they are known to have been living at the time. Many of her son William’s children from his first marriage were also missing.

Catherine and Henry’s son Jacob ROOP was still settling his father’s estate in January 1860 when the Widow’s Dower went to the youngest son Joseph. Could this mean their mother was recently deceased?

Where could the answer be found?

I found the answer to this question in the Chancery Records of Virginia.

The Chancery Records Index (CRI) is a result of archival processing and indexing projects overseen by the Library of Virginia (LVA) and funded, in part, by the Virginia Circuit Court Records Preservation Program (CCRP). Each of Virginia’s circuit courts created chancery records that contain considerable historical and genealogical information.

http://www.virginiamemory.com/collections/chancery/

Yesterday morning, while skimming through my Facebook News Feed, I noticed a post by my friend Ta Lee who I got to know when she recognized one of her enslaved families on my blog. Ta mentioned that new chancery cases are available and she was so excited. When I asked her which counties, she told me, Montgomery. I was a bit disappointed as I have been waiting impatiently for Amherst to come online.

This was the last update I saw on Montgomery: The bulk of this series runs from 1773 through 1913. 05/02/2016- These records are currently closed until they are digitally reformatted. The index remains available for research purposes.

Last year I had gone through the index and noted several cases which looked promising due to the names listed. One of these was John Roop, etc. vs. Jacob Roop, Exr, etc. from 1870. I was not expecting to make the find I made!

Chancery Causes: John Roop, etc. vs. Jacob Roop, Exr, etc.(transcription of the first 4 images of 36)

1870-012chancerycasecover
[http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=121-1870-012 : image 1]
Chancery Causes: John Roop, etc. vs. Jacob Roop, Exr, etc. (286 in corner)
1870-012
Montgomery County
CA estate dispute
T property
Deed
Names: Roope, Compton, Paris, Akers, Faris, Smith, Chandler, Chandlin, Silvers, Roupe
Will: 1845 Henry Roope : Montgomery County

121_1870_012_0002-pdf-p-001
[http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=121-1870-012 : image 2]
To the Hon. Andrew S. Fulton Judge of the County Court of Montgomery
Your orators John Roop and Henry Roop respectfully represent unto your Honor that Henry Roop Sen. departed this life in the year 1845 in the County of Montgomery having made & published his will in due form of law whereto was admitted to probate in the County Court of said County at the December Term in said year.
By his said will the testator appointed his son Jacob Roop his executor who duly qualified as such and entered into bond for the faithful discharge of his duties with Samuel Lucas, William C. Taylor & Joseph Roop as his securities.
A copy of said will is herewith filed and prayed to be taken as a part of this bill.
It will be seen by reference thereto that the testator devised to his widow Catharine Roope one third of his real estate for life & directed his executor his executor (sic) to make sale of the residue upon a credit of one and two years & the proceeds to be divided among his children of whom there were thirteen entitled to distributions.
Your orators further represent that sometime after the qualification of the said executor as aforesaid – he commenced a negotiation with the devisees under said will for the purchase of their interests in two thirds of said real estate which finally resulted in a sale on the part of most of them to him of their interests aforesaid.
Among those who thus sold were your orators. Your orator John Roop sold his interest in said real estate at the sum of $100 and in the personal estate at the sum of fourteen dollars and your orator Henry Roop received for his interest in the real & personal estate the sum of $110. Your

121_1870_012_0003-pdf-p-001
[http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=121-1870-012 : image 3]
his interest in said real estate at the sum of $100 and in the personal estate at the sum of fourteen dollars and your orator Henry Roop received for his interest in the real & personal estate the sum of $110. Your orators ? that the said Jacob Roop effected this purchase from them by representing the title to a portion of the land as defective that much of it was worn out and without timber & that the land sold at public auction would not bring as much as he was willing to give. Your orators having entire confidence in the integrity & judgement of said Jacob Roop made the sale of their interest aforesaid & afterword in June 1851 conveyed the same to him.
Your orators further represent that said Roop held possession of said land until the year 1850 when he made a pretended sale of the same & purchased it in himself at the sum of $8-01 cts per acre. Your orators believe that the time & place of sale was known to but few persons – that there was but little competition and the conduct of said Roop was such as to discourage bidding from the bystanders – Sometime after this, in Oct 1851, the said Jacob Roop made a sort of settlement of his executorial accounts, a copy of which is therewith filed and prayed to be taken as a part of this bill – It will be seen by reference thereto that the testator owed no debts – that the few items of credits claimed by the executor were for charges attending the administrations of said estate & for various sums paid the legatees for their interest as aforesaid – And although the said executor charges himself with 2/3ds of said land at the sum of $8-01ct per acre – yet he has only paid your orators the several sums here in before mentioned – nor has he ever acc?iled in any wise for any portion of the rents & profits of said land between the death of the testator in 1845 & the time of sale in 1850.
Your orators further represent that the said Catharine Roop departed this life in July or August of 1859 – Since which time the said Jacob Roop puts up the extraordinary claim that the sale & purchase aforesaid embraced the one third given to said Catharine Roop. But your orators and that they only conveyed & intended to convey their interests in the said two thirds as herein before stated. But they are advised that this is wholly immaterial in as much as a fiduciary will not be permitted to speculate upon those he represents – that the executor in this case will be held to account for the said two thirds at the price per acre bid by him – and as to the residue of said land he will be required to make sale of the same in the manner directed by the will or to account for its market value – Your orators are informed & so over that the said tracts of land contain 440 acres of land instead of 400 acres as represented to them by the said Jacob Roop for which he will also be held accountable intended consideration of the premises the prayer of your orators is that the said Jacob Roop in his own right & as executor as aforesaid

121_1870_012_0004-pdf-p-001
[http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=121-1870-012 : image 4]
George Roop – James Roop – Barbara Roop – Nancy Roop – James Comptin & Elizabeth his wife late Elizabeth Roop – Polly Roop – John Pharis & Racheal his wife formerly Racheal Rupe – Linch Akers – Wm Silvers & Ruth his wife, Narcissa Akers, Jackson Silvers & Lucinda his wife, Minnis Chandler & Catherine his wife – William Smith administrator of Samuel Roop & Joseph Roop devisees undersaid will, may be made parties defendant to this bill & required to answer the same on oath –
Let the said Jacob Roop answer & say what amount he paid your orators severally for their interest in said estate whether he did not buy in said land at the price aforesaid and let him full & specific answer make to all the allegations in this bill as though the same were herein especially repeated – And may it please your Honor to grant your orators a ?? for the amount due them upon the sale made by said executor herein before mentioned – and also for a sale of the said one third of the real estate in the manner provided for in said will – and grant your orators all such further and general relief as the nature of their case may require and the principles of equity & good conscience dectable?
                                                                                                      Staples & Wade

When did Catherine Barbara Noll die?

Catharine Roop departed this life in July or August of 1859 –

To be continued….

bestwishescathy1

Henry RUPE and Catherine Barbara NOLL ~ The Early Years in Maryland (1765-1793)

Henry RUPE and Catherine Barbara NOLL ~ The Years in Rockbridge (1793-1801)

Henry RUPE and Catherine Barbara NOLL ~ At Home on the Old Henry Roop Place

Henry RUPE and Catherine Barbara NOLL ~ Family Life in Montgomery County, Virginia

The Last Will and Testament of Henry RUPE 1765-1845

Henry RUPE’s Estate and his Widow Catherine’s Last Days

© 2017, copyright Cathy Meder-Dempsey. All rights reserved.
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Author: Cathy Meder-Dempsey

As a military brat I've lived in Georgia, France, Idaho, West Virginia, Spain, South Carolina, Texas, and Luxembourg. Married 39 years with two grown children. When I’m not doing genealogy, I spend time riding my racing bike with my husband through the wonderful countryside in Luxembourg and surrounding countries.

7 thoughts on “A Date of Death for Catherine Barbara NOLL (1768-1859)”

  1. I can just imagine you reading along and then reaching the line about Catherine and gasping! Congratulations! And also—am I reading this correctly that two brothers were suing the third for defrauding them out of a fair share of their inheritance? I’ve never seen the term “orator” used in this way before. Do you know how the case was resolved? Looking forward to the continuation!

    Liked by 2 people

    1. For this post I wanted to keep it as short as possible but still including the transcription of the first document in the packet. Your questions will be answered in the following posts, Amy. As for it being resolved, I have never seen a resolution in the chancery records. This answer is likely in the court minutes but these, as far as I know, are not online for Virginia (I will check!). Only yesterday I found them for one West Virginia county I’m interested in. I hate it when I find three things at the same time and have to wait to get to the 2nd and 3rd. Thank you.

      Liked by 1 person

  2. Great work digging through all that legal talk. Looking forward to the end of the story! I’ve only delved into legal documents a few times, sometimes very helpful. I also find legal stuff in newspapers like probate notices and small articles about a cases a family member was involved in. Good clues to help us dig further. Appreciate all the work that goes into your posts Cathy! Your work is very detailed.

    I’m just trying to decipher a newspaper notice from Diekirch in mid 1800’s and can’t tell if it is a required probate post about the death, or… a post trying to find the deceased’s son because they don’t know where to find him in America to let him know his father died and there is a probate for him.

    Liked by 1 person

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