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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Slave Name Roll Project: RELEASING Jordan (Gordon), Hannah, John, Creasy, Hill, and Disy

In the Chancery Records Index (with images), a collection on the Library of Virginia site, slave names are indexed with a tilde (~) after their name – usually first name only. To search for a slave without a name, under surnames limit the search to “includes” and place only a tilde in the surname box. You can narrow the search to a county and/or a specific surname, plaintiff, or defendant mentioned in the case. Very often when slave names are involved there may be wills included in the packet.

In Nelson County, Virginia, I found a small chancery case from 1825 which mentioned Jordan and Hannah, slaves willed to Pamelia Smith, wife of James Smith, daughter of Elizabeth Wills, and granddaughter of James Wills Senr.

1825jamssmithchancery1
Image 2 of 6 in the Chancery case: http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=125-1825-006
1825jamssmithchancery2
Image 3 of 6 in the Chancery case: http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=125-1825-006

                To the Court of Nelson County in Chancery sitting
Your Petitioner John Moss respectfully represents to the Court that one James Smith whom your Orator prays may be taken as Defendant hereto stands justly indebted to him in the sum of Sixty Dollars with Interest thereon fixed the first day of January 1820 due by an Instrument of writing commonly called a penal bill under the proper hand and seal of him the said James Smith which is herewith filed and prayed to be taken as a part of this bill. Your petitioner further represents to the Court, that the said James Smith hath removed himself without the limits of this Commonwealth so that the ordinary process of Law cannot be served upon him and that he hath a life estate in a certain tract of Land lying in this County willed to his wife Pamela Smith by her Grand father James Wills Senr. decd. which will is duly recorded in this County and is to be taken and considered as a part of this bill, also two Negroes namely Jordan and Hannah which is now in the possession of his said wife Pamelia or her mother Elizabeth Wills and which was willed to her by her Grand father, the said James Wills Senr. decd. your  petitioner prays that this said Pamelia and Elizabeth may be considered and taken also as Defts hereto. Your petitioner further states that there is no Executions in the hand of the Sheriff of this county sufficient to consume the whole value of the personal property belonging to the said James Smith and Pamelia his wife in this state. Your petitioner therefore prays that he Court will Decree to him his debt aforesaid, against the said James Smith and that the said Pamelia his wife and Elizabeth be restrained from carrying away or otherwise disposing of any property which she may have in her possession untill the further order and decree of this Court and that should there not be a sufficiency in her hands to satisfy the said debt and Executions aforesaid that the Court will make such disposition of the land aforesaid for the purpose of paying his debt aforesaid as may seem just and equitable and such as is agreeable to the laws of the land and for the purpose of bringing the parties properly before the Court your petitioner prays that an order of publication may be awarded against the Deft James according to law and that a writ of subpoena and a restraining order be awarded against the Defts Pamelia and Elizabeth who is (sic) an inhabitant of this state and within the Jurisdiction of this Court. Your Orator prays for such other and further and releif (sic) as the justice of his case entitled him to and in duty borned will ever pray.
Perrow for Plt

James Wills Sr. family of Nelson County, Virginia, is not one of my ancestral or collateral lines. However I could not post this without taken a bit of time to do a few quick searches. The abstracted information from the 1820 census on Ancestry shows he owned 40 slaves.

1820jameswillscensusA search for the will of said slave holder turned up an obsolete site with the last will and testament of James Wills, Senior (Nelson County, Virginia, Will Book B, pages 178-77-78) dated 29 September 1820 and probated 26 February 1821. It mentions slaves in the possession of some of his children but not by name.

James’ son James Wills Jr. was deceased at the time of the will and his two children, including his daughter mention in the chancery record above, were mentioned in item 2 of the will:

2nd. 1 give, devise and bequeath to my grandson. Jefferson L. Wills, son of my son, James Wills Jr. dec’d,, two-hundred and filly acres of the tract of land on which his mother now resides, the entire tract containing four-hundred acres, three hundred and sixty-seven of which was purchased under deed of trust made by my said son James to Murphy, Brown & Co., and thirty-three acres residue was purchased by me of my said son by deed of record in the Court of Nelson County which said two-hundred and fly acres having been intended to be given to my said grandson, I wish land of such manner by my said executors as to include the dwelling house to him and to his heirs forever, reserving the liberty to his Mother to use the said land and enjoy, the benefits thereof jointly with him during her natural life or widowhood. The residue of the tract being one hundred and fifty acres. I devise and bequeath to my granddaughter Pamela Smith, the wife of James Smith, to her and to the heirs of her body forever. I also give my said granddaughter the negroes (2) namely, Gordon and Hannah now in the possession of her mother, Elizabeth Wills, to her and the heirs of her body forever. The residue of my negroes on said plantation, consisting of John, Creasy, Hill and Disy (and) now in the possession of my said daughter-in-law, Elizabeth Wills (wife of James Wills, Jr. Dec’d.), 1 give and devise and bequeath to my grandson, Jefferson L. Wills and to his heirs forever, allowing to his mother the liberty as to use and profit in the same manner as the land left them during her life or widowhood. Having advanced considerable sum of money for my said son, James in his lifetime it is not my will and desire that his children should have any more of my estate nor do I wish them to be held responsible for any such advancement made to their said father.

With the above document of the chancery case and this partial abstract of the will of James Wills Sr. I RELEASE the names of his known slaves in the possession of his son James Jr.’s family in 1820: Jordan (Gordon), Hannah, John, Creasy, Hill, and Disy.

True's statementFollowing my three part series on the slaves of my 5th grand-father James Sims during Black History Month in February 2015 I made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. At this point in time I’ve done all the ancestors I know of who owned slaves. There are likely more as I move back in time but, at the moment, I will share names of slaves I find who were not owned by one of my ancestors.

bestwishescathy1

© 2016, copyright Cathy Meder-Dempsey. All rights reserved.

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