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

“Well, it has been so troublesome and vexatious that I am almost sorry that old gentleman ever died.” ~ Jacob ROOP, executor of the last will and testament of Henry RUPE [1]

Henry RUPE’s last will and testament did not mention how much land he had when he died. In At Home on the Old Henry Roop Place we learned Henry RUPE had acquired at least 1,147 acres between 1804 and 1826 in Montgomery County, Virginia. Although the RUPP, RUPE, ROOP line has been researched by at least a half a dozen serious researchers[2] I have not heard of a single land record which refers to Henry RUPE selling or gifting land in Virginia during his lifetime. A visit to the county court house and/or state archives is not planned for anytime in the near future. I would however be grateful to anyone willing to share new record finds.

It is not known if Henry gave each of his children land outright or allowed them to live on his land when they married, became independent, or started families (as three of his daughters did without bothering to marry). In his will he mentioned only a tract of 100 acres which his son William lived on:

…William Roupe my sone will take they hundred akers of land that he is now living on for his part of they hole of my estate, he has they priveeledges so to dwo and if not that is to be sold with they rest of my lands…[3]

Perhaps 100 acres was the amount of land he subdivided for his children to use until they decided to settle elsewhere.

The earliest map I could find gives “the names and locations of many of the early a adventurers in the territory – from 1750 to 1865” but does not show the location of Henry Rupe’s mill. I did however find several Civil War period maps which have Roope’s Mill marked to the west of Ryner and southwest of Auburn which would later become Riner.

1865map
Civil War – Map of Montgomery County.[4]

Old Henry Roop Place on Google MyMaps

Zoom in (blue marker above) to see the Old Henry Roop place (below)

MRIN00553 Henry Rupe homeplace
The “Old Henry Roop Place.” Photo courtesy of Roger S. ROOP. Used with permission.

The First Census Following Henry’s Death

Before we go on to the records left after the death of Henry RUPE I would like to discuss a peculiarity of the 1850 census.

In 1850 Henry’s children Jacob, Henry Jr., Caty’s widower Jacob Akers, William, Samuel, Rachel Pharis, and Joseph were living in Montgomery County. James was in Floyd County and John was in Pulaski County. These nine were found on the census. George was living in Indiana but has not been located on the census. Widow Catherine and daughters Elizabeth Compton, Barbara, Mary, and Nancy were not located in 1850. The daughters were still living as will be seen below and should have been enumerated with under-aged and/or unmarried children. Three of William’s sons aged between 14-18 were also missing from the 1850 census. As this seems quite peculiar I would like to throw out a theory: Henry’s widow Catherine, her widowed daughter Elizabeth, her three unmarried daughters and their children, and William’s unmarried sons (their father had remarried in 1846) may have all been living together and working on the home place in 1850 but were missed by the census taker. Is this too farfetched? Why else would they have been missed?

Old Henry Roop Place is Mentioned in These Deeds

Louise Akers included three deeds in her compilation[3] on the family which show Henry RUPE must have owned 406 acres at the time of his death and his wife Catherine had use of 1/3 or 138 acres until her death. It must be noted that these three deeds do not mention all of the children of Henry RUPE and Catherine Barbara NOLL.

MRIN00553 1851 Apr 12 sale of land from Barbara Roop to Henry Roop deedtinyBarbara ROOP and Henry R. ROOP sold their share of the tracts of land know as the old Henry Roop place to Jacob ROOP, executor of his father’s will, on 12 April 1851. [3]

Deed Book 8 p. 52 (Examined is written in the margin)
Roop & al to Jacob Roop
This deed made this 12th day of April 1851 between Barbara Roop and Henry R. Roop of the county of Montgomery and state of Virginia of the one part and Jacob Roop of the other part witnesseth that in consideration of the sum of one hundred and fifty dollars to them paid by the said Jacob Roop the receipt whereof is hereby acknowledged the said Barbara Roop and the said Henry R. Roop do grant unto the said Jacob Roop all the right title and interest in and to these tracts of land know as the old Henry Roop place and which descended from him to his Heirs lying on the head waters of mill creek in the county of Montgomery adjoining the lands of William Smith, George Surface and others. Together by estimation containing about four hundred and six acres be the same more or less and the said Henry R. Roop and Barbara Roop covenant that they will _ a warrant the property hereby conveyed. Witness the following signatures and seals the day and date first above written.
.                                                       Barbara her x mark Roop Seal
.                                                       Henry R. Roop Seal
Signed sealed delivered in the presence of us
Wm Smith
John Whaland

In the clerks office of Montgomery County Court the 5th day of May 1851. This deed of bargain to ale from Barbara Roop and Henry R. Roop of to Jacob Roop was delivered to me and proven by the oath of the witnesses thereto __ and admitted to ___.
R. D. Montague C.

MRIN00553 1851 June 14 sale of land to Jacob Roop by siblings deedtinyElizabeth COMPTON, John ROOP, Henry ROOP, Nancy ROOP and Polly ROOP sold their interest in the Old Henry Roop place to their brother Jacob ROOP on 14 June 1851.[3]

Deed Book, pg. (not given)
Cumpton & al to Jacob Roop
This deed made this 14th day of June in the year 1851 between Elizabeth Cumpton, John Rupe Roop, Henry Roop, Polly Roop and Nancy Roop one part and Jacob Roop of the other part. Witnesseth that for and in consideration of full value paid by the said Jacob Roop, to the said John Rupe, Henry Roop, Polly Roop, Nancy Roop & — the acceipt whereof is hereby acknowledged and of a grant onto the said Jacob Roop by deed with general warranty a ? and each of rights, title & Interest in and to three tracts or parcels of land known as the old Henry Roop place the same lately owned by Henry Roop and which descended from him to his heirs lying on the head waters of mill creek in the county of Montgomery adjoinging the lands of William Smith, George Surface & others together containing by estimation about 406 acres more or less Witness the following signature & seals.
Charles Litten
William Roop                           Elizabeth her x mark Cumton Seal
.                                                   John his x mark Roop Seal
.                                                   Henry his x mark Roop Seal
.                                                   Nancy her x mark Roop Seal
.                                                   Polly her x mark Roop Seal
Montgomery County to wit
I William C. Taylor a Justice of the peace in the county aforesaid in the state of Virginia do hereby certify that Polly Roop a party to (the rest of this line was cut off on the photocopy as well as some text along the right side of the deed)

Are Henry R. ROOP, in the deed dated 12 April 1851, and Henry ROOP, in the deed dated 14 June 1851, the same person? Henry R. ROOP appears to have signed his name while Henry ROOP left his mark. Could the middle initial have been copied incorrectly into the record book? Could this have been George’s son Henry B. RUPE who may have been taking care of business for his father who lived in Indiana?

MRIN00553 1860 Jan 12 Jacob Roop to Joseph Roop land deedtinyOn 12 January 1860 Jacob ROOP sold 138 acres, a part of the Old Henry Roop place, to his brother Joseph ROOP.[3]

Deed Book (number illegible), pg. 520
Jacob Roop to Joseph Roop
This deed made the 12th day of January 1860 between Jacob Roop of the first part and Joseph Roop of the other and both of the County of Montgomery and State of Virginia. Witnesseseth that in consideration of the sum of three hundred and eighteen dollars paid in hand by the said Joseph Roop to the said Jacob Roop the said Jacob Roop doth doth grant unto the said Joseph Roop all his interest consisting of two thirds in a certain tract piece or parcel of land lyin and being in the county aforesaid on the waters of Mill creek known as the Widow’s Dower in the tract of land of Henry Roop decd and containing one hundred and thirty eight acres and Bounded as follows. Beginning at a stake at the foot of a hill and runing N 50 1/2° 134 pl. to two white oaks & a black oak N 1° E 28 pl. to a white oak N 51° E 70 po. to a stake on a hill and N 62 E 20 po. to a stake near the top of a ridge N 47° E 36 po. to 2 pines corner to Smiths land and with it N 35 W 14 po. to 2 red oaks N 39 W 46 po to a black oak, white oak and hickory on Smith’s line. S. 61 W 116 po. to a stake in a field thence S. 46 W 187 po. cross the mill dam to a stake in a field by a road S 36 E 11 po. to a white oak by a road S 7 E 21 po. to a white oak sapling S 23° E 60 po. to the begining. And the said Jacob Roop doth convenant to and with the said Joseph Roop to warrant the aforementioned land with general waranty. Witnesseth the following signatures and seals.
.                                                                         Jacob Roop seal
State of Virginia
Montgomery County to-wit:
I William A. Stone a Justice of the peace for the county aforesaid in the state of Virginia do certify that Jacob Roope whose name is signed to the writing above bearing date the 12th day of January 1860 has been acknowledged before me in my County aforesaid. Given under my hand this 14th day of January 1860.                                                                   W. A. Stone J.P.
In the Clerks Office of Montgomery County Court the 21st day of June 1860
In the left margin: Examined & delivered to Jos. Roop

When Did Henry’s Widow Catherine Die?

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?

There has been much speculation about when Catherine Barbara NOLL died. She was not found in the 1850 census, as discussed above, the 1860 census, or the Mortality Schedule for 1859-1860, the year prior to the enumeration of the 1860 census.

Redmond Ira Roop his speech in 1927 said she died in 1861 at the age of 95. It is unlikely she died after her son Joseph bought the Widow’s Dower. Could she have died just before 12 January 1860? I hope her death may have been noted in a batch of chancery records which are not yet available online.

After Catherine’s death a chancery case was “going on” up until 1870 between John ROOP etc. and Jacob ROOP, Executor of Henry’s will. I found this indexed on the Library of Virginia site however the scanned images are not yet available online. The will of Henry RUPE was submitted as evidence per the index. The surnames mentioned are AKERS, CHANDLER, COMPTON, PHARIS, ROOP (various spellings), SILVERS, and SMITH. Akers, Compton and Pharis were the married names of daughters Caty, Elizabeth and Rachel. Chandler was the married name of Caty’s daughter Catherine and Silvers was the married name of her daughters Narcissa, Ruth and Lucinda. Caty’s children are most likely mentioned as she died before 1850. This is, of course, speculation on my part as I have not seen the images with the surnames which were indexed.

The Henry and Catherine Rupe Family Cemetery

Using Google MyMaps (above) I was able to pinpoint the exact location of the cemetery on the old homeplace using the Civil War period maps with the location of the “Roope Mill,” the descriptions on the land deeds mentioned in At Home on the Old Henry Roop Place, and Roger S. Roop’s photos.

MRIN00553 Henry Rupe Family Cemetery courtesy of Roger S. Roop
The family cemetery on the “Old Henry Roop Place.” Photo courtesy of Roger S. ROOP. Used with permission.
MRIN00553 Henry_Catherine_Null__Rupe_Family_Memorial1
Photo courtesy of Roger S. ROOP. Used with permission.

Catherine was buried on the Old Henry Roop place next to her husband Henry. Louise Roop Anderson Akers used the proceeds from her book The Family Rub, Rup, Rupe, Roop, Roope (2001) to buy a memorial marker for the spot believed to be the final resting place of Henry RUPE and his wife Catherine Barbara NOLL. Although it includes the names of all of their children only Henry, Catherine, their youngest son Joseph and some of his family were buried in the Henry & Catherine Rupe Family Cemetery outside of Riner, Virginia.

This concludes the family history of Henry RUPE, the youngest son of the immigrant Johann Jacob RUPP. It is now time to cross the Atlantic Ocean and go back to the roots of the Rupp family in Oberhoffen-lès-Wissembourg in present-day France.

bestwishescathy1
Sources:
[1] Everette L. McGrew, My Mother Was A Rupe (revised edition August 2000).
[2] Researchers: Linda Pearl Dickey Roop, Everette Llavon McGrew, Louise Roop Anderson Akers, Theron Arvel Rupe, Helen Dale Roop Osborne, Lois Rowe Johnsten, Delores Roberta Dees Springer
[3] Louise Roop Anderson Akers, comp., The Family Rub, Rup, Rupe, Roop, Roope (2001 Printed by Jamont Communications, 339 Luck Ave., Roanoke, VA 24016). Citing Montgomery County, Virginia, Will Books.
[4] Confederate States Of America. Army. Dept. Of Northern Virginia. Chief Engineer’s Office, et al. Map of Montgomery County. [S.l.: Chief Engineer’s Office, D.N.V, 1864] Map. Retrieved from the Library of Congress, <https://www.loc.gov/item/gvhs01.vhs00348>.

Genealogy Sketch

Name: Henrich “Henry” RUPE Sr.
Parents: Johann Jacob RUPP and Maria Barbara NONNENMACHER
Spouse: Catherine Barbara NOLL
Parents of spouseJohan Anton “Anthony” NOLL and Maria Magdalena BRENTEL
Whereabouts: Baltimore MD, Rockbridge VA, Montgomery VA
Relationship to Cathy Meder-Dempsey: 5th great-grandfather

  1. Henrich “Henry” RUPE Sr.
  2. James ROOP
  3. Gordon H. ROOP
  4. Gordon Washington ROOP
  5. Walter Farmer ROOP
  6. Myrtle Hazel ROOP
  7. Fred Roosevelt Dempsey
  8. Cathy Meder-Dempsey

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