Combs &c. of VA Chancery Court Case Index
Solomon Combs vs Gilbert Combs

The plantiff and Dependant Be ing present present?

Depositions being then sworn

Agreeable to the Detimus to us Directed ^ we Abram Kellar and George Kellar

Have on the 5^th day of Febr 1785 have Examined and taken the Deposition

of Richard Nichols as well in behalf of Gilbert Combs defendant as of _

Solomon Combes plantiff this Deponant sayeth that on January the 13^th

1781 he was called upon to arbitrate some Differeance betwen Robert Combs

and Solomon Combs and that the award was brought in that Solomon Com^bs

was to have the third half of the lambs and Calves and as he had the Year

before and the third part of all produce raised upon the plantation

for his Servis and he was to give up the plantation on the 20^th of march

following to his grandfather which we understood was the Expiration of

that Year and he farder sayeth that Robert Combs told him that he had

Received very ill treatment from Solomon and that when Robert

Combes’ Estate was appraised there was three Cattle Reserved for

and the hole of the Grain then standing which was Reserved by Job Com^bs

administrar of the Estate of Robert Combs for Solomon Combs in the

s^d Solomon Combs’ abitarey and this deponent farder sayeth that

these Cattle was nont sold at the Value and farder this deponent sayeth

not as

witnefs our hands the day and date a

bove mentioned Richard Nichols

Abram Kellar

George Kelley

The Deposition of Moses Jackson taken this 13 day of July 1782

In behalf of Soloman Combs Plan^t as of Gilbert Combs Def^t

This Deponent Diposeth and sayeth that he was one of the witnefs

call^d on to Test the Deed of Gift which Robert Combs sign^d to the

Said Gilbert Combs Def^t and this Deponent further sayeth that John

Denton Elijah Odell & Faugus Cron was there and that some of them asked

the said Robert Combs if he would sign the Deed of Gift to the said

Gilbert Combs then the said Robert said if they could make him asoft

seat in the Chear which they did and this Deponent further sayeth

that then Faugus Cron Fixed the pen in the Fingers of the said

Robert Combs which the said Robert made his mark thus R as he

Said he was week_ and this Deponent never saw the said Robert

Combs only in the time of his sicknefs That at Some times he appeared

To be out of his Sencefs while he lay sick but at the time of his signing

the Deed of Gift to Gilbert Combs he thought he was in his Senfes

to the Best of his knowledge

at the time ^ as well as at any time he had saw him and this Depondent

do further declare that he Believes it was about three ours from

From the time of the said Robert Combs signing of the Deed

To Gilbert before he the said Robert died ~

and further sayeth not

Shanando Sc^t

Sworn before us the Subscribers

Two of the Justices for the said County in the Presence

Of the Plt & Deft Moses Jackson

Abraham Kellar

Edwin Young

The Deposition of Elisabeth Perry taken this 13^th day of July 1787~

1787

in Behalf of Solomon Combs Plantiff against Gilbert Combs Defendant

which Deponant Deposeth and sayeth that some time in May 1780 that

she lived at Robert Combs & she often heard the s^d Robert Combs say that

he would give to Solomon Combs his whole plantation whereon he then lived

with two Horses and Plow gears as also two cows a Feather bed and house

=hold furniture sufficient for house keeping and she further declares that

she was with him at his own house untill the Last of May 1781

which was the Night before he died and about midnight death struck

him and he was dead appearingly to me six or seven times before day

his nose was cold and white his Ears and chin was so Likewise his arms

and was dead and cold his Right arm and Hand was Rotten his feet

& legs & thighs was dead stiff & cold he was speechlefs untill daylight

His Tongue did Rise and fall with every breath I Help to put a little

water in his mouth with a spoon and he could not swallow & about

sunrise he the s^d Robert Combs Reviv^ed a little and spoke and said water

and some words more but was very much out of his head and knew us

not but said he knew our Voices but not our Faces and I Left him about

Three Hours in the which time Zur Combs went to the s^d Robert Combs’s

he was

and that he said ^ very much Shattered & That Forgus Cron John Denton

Elijah Odell & Moses Jackson was there and I Returned and found

them as I was Informed and I afked the s^d Robert Combs how he felt

now he answered me he was a Dying and Defired I would anoint his

body to give Ease which I did and he was fly blown* which

Deborah Combs took out of his hand and he died in about two

Hours after and I believe he was not in his senses from the Wednesday

before he died untill he did die for I was with him the greatest

part of the time and further sayeth not _______________

Signed before us
Shanando Sc^t
we do here by Certifie that the above
Elizabeth Perry she being first
Sworn before us the subscribers two
of the Justies for the s^d County signed

her
Elizabeth X Perry
mark

 

the above
in the Presents of
the Plt & Deft

Abraham Kellar
Edwin Young ~~

The Deposition of Deborah Combs she being of full age taken

this 13^th day of August 1785 as well in behalf of Solomon Combs Plft

& Gilbert Combs Deft. This Deponant deposeth & sayeth that in the

or about the May

^ April last of April ^ 1781 she went to see See Robert Combs her

father in Law in his last Sicknefs who was then sick of afever & fleese?

& she said Robert Combs told say’d to the deponent that if you do not

come & a take care of me that he should starve to death the said

said

Deponant sayeth that she ask the ^ Robert Combs if Gilbert Combs & his

Wife did not give him enough to eat & drink he answered her that

they did not give him enough either to eat or drink & he said

Deponant ask the said Robert Combs what he would have to

a quart

eat & he said some soup so I made him ^ half a Gallon of dutch

somepart of

soop he eat ^ it & said he could eat as much more he then told the

Deponant that she said he was so much starved that he had

nothing in him a few days after he the Deponant This Deponant

sayeth that a few days after she sent to see him & he told her

that he had nothing but mush & butter milk to eat & not enough

of that & that the deponent further sayeth that she told Gilbert

Comb’s Wife to take care of her Father in Law the said Robert

the said Combs said

Combs & to keep him clean & she said ^ that she could not nor would

& defsgrace

not do it for it was ashame^ for any woman to do it & the next

time the Deponant went which was but two days & then he was

full of Maggotts. This Deponant further sayeth that one day &

night after she went again to see the said him & found him

laying in his bed all dirty & wallowing in his own Excrements

from the time she left him which was one day & one night & that

she & Elizabeth Perry cleaned him & that he was then out of

his sences & did not know what they did to him & remaind so

till he died. This Deponant further sayeth that she said Robert

Combs told her that Gilbert Combs had used him so ill that he would

not give him anything but would give so all he had to her

told her

the said Deponant & ^ to take care of all his papers but when she lookd

for them could not find them & he said they have stolen them & taken

them to John Dentons this he said when in his right sences

State of New Jersey
Huntendon County

}

To Wit, I Samuel Wi-

tham Stockton Esquire, Clerk of
the Inferior Court of Common Pleas
in and for the County of Huntendon
aforesaid and Clerk also of the Court
of General Quarter Sefsions of
the Peace for the said County Do
hereby certify to all whom it may
concern that William Abbot and John
Hunt Esquires, whose names are sub-
scribed to the two foregoing affidavits
made & signed by Susanna Roberts
& Thomas Roberts an Justices of
the Peace in and for the said County
duly & legally appointed thereto, and that
affidavits taken before them deserve
due credit. In witnefs whereof
I have hereunto set my hand and
affixed the public seal of the
said Courts this seventeenth day
of October in the year of our Lord
one thousand and seven hundred & eighty
five and in the tenth year of our
Independence.
By order Saml W Stockton Clk

The Deposition of Thomas Roberts he being of full age taken

this first day of October 1785 before us William Abbot & John

Hunt Esquires two of the Justices of afsigned to keep the peace in

and for the County of Huntendon and State of New Jersey

as well in behalf of Gilbert Combs Defendant as in behalf

of Solomon Combs Plantif the s^d Depontent being first sworn

Deposeth and saith that on or about the year 1777

Solomon Combs went to live with his grand father Robert

Combs and that he had not lived with him one year before

he used his grand father so ill that his grandfather ordered

him away but he would not go and the old Gentleman often

Complained that he could not get him away_ and that on Several

Difirent times Solomon Combs made use of much ill langu

_age to his grandfather in the Presence of this Deponent and

paid no regard to what his Grand father Said to him. and that

Robert Combs frequently Complained to this Deponent that it

was always the Same Case and this Deponent farther Deposeth

and Saith that the s^d Robert Combs frequently Came and

Employed him to come and do the work for him which

he s^d he Expect Solomon Combs to do _ and that in the

time of Solomon Combs being there that he the s^d Robert

Combs lay? under the Nefessaty to take in with him one

Jacob Neswonger? to till his Land whom this Deponant

Saith Continued with the s^d Robert Combs about the

term of one year and this Deponent further saith not

Taken and subscribed at the house
formerly occupied by the late John
Acres Deceac^d about four miles East
of Corells ferry on the Delaware river
this day and year first above ______?
William Abbot
John Hunt

Thomas Roberts

 

The Deposition of Susanah Roberts she being of full age taken

this first day of October 1785 before us William Abbot & John

Hunt Esquiers two of the Justices afsigned to keep the peace in

and for the County of Huntendon and State of New Jersey as well

in behalf of Gilbert Combs Defendant as in behalf of Solomon

Combs Plantiff the s^d Deponent being first Sworn Deposeth

and Saith

That on or about the year 1777 Solomon Combs went with

to live with his grandfather Robert Combs and that he had

not lived with him above five or six months before he used

Language to the old Gentleman was always crofs abrupt

and truly impertinent. frequently accompanied with

cursing and swearning and the s^d Deponent farther Deposeth &

Saith that the s^d Robert Combs frequently Complained to her that

the s^d Solomon Combs caused the vietuals to be locked up from

him and that he could not get anything to Eat that on a

certain time this Deponent Saith She came to the house of

the s^d Robert Combs about one o clock in the afternoon when

the s^d Robert Combs informed this Deponent that he had not Eat

anything on that day. That the vietuals was then locked up from

him and that he Expected Solomon Combs had taken the

key with him_ and he also informed this Deponent that Solo

mon Combs and Elisabeth Mar his housekeeper would

eat early in the Morning before his usal hour that he could

not Eat with them and then go out and lock up the vietuals

that he should get none untill their return the s^d Deponent

further Deposeth and Saith that on a certain ^time the s^d Robert Combs came

to the house of this Deponent and informed her that the day before

he had been left alone untill the Evening. And he intimated

to her that all this bad treatment gave him fear full _________?

of the Danger of his life _ and Saw that he Expected Solomon Com
bs would come in when he was afleep and stop his breath as

he lay in bed _ and that he get up and went and got one of his

neighbors to come and stay all night with him and this Depo

nent farther Deposith and Saith that the s^d Robert Combs

complained to her that his lock had been picked and a bond

taken out that he had against Job Combs for one Hundred acres

of land and also some money he believed to the amount of five

Dollars _ and after this transaction he moved all his writings

that were of any value and lodged them in the hands of

John Denton together with his money for their better Securety

and this Deponent farther Deposeth and Saith that on the ___? day

of November 1780 it being the day before this Deponent set out

to move to the State of New Jersey She was at the house of the

s^d Robert Combs _ and that the s^d Robert Combs Desired this

Deponent if she should live to reach the State of New Jers

ey that she would inform his Daughter Martha Combs

how he was treated by Soloman Combs and that the sho

uld if possible Send one of her family to his relief and

this Deponent farther Saith that Shortly after her arrival to

her intended place She Saw Gilbert Combs son of Martha

Combs and that she informed him of his Grandfathers reque

st to his mother and this Deponent for far saith not

Taken and Subscribed at the house
Formerly occupied by the late John
acres Deceasd about four miles
East of Corells ferry on the Dela
Ware river the Day and Year
First above writen?
William Abbot
John Hunt

Susanna Roberts

 

The Deposition of Fergus Cron he being of full age taken this 29^th day of

august 1784? before us Edwin Young & George Keller as well in behalf

in behalf of Gilbert Combs Defendant as of Solomon Combs Combs Plantif

the s^d Deponent Deposeth and Saith that on Sundry Diferent times before

Gilbert Combs came into Virginia Robert Combs complained much of the

ill conduct of Solomon Combs and Expressed great dissatisfaction with

regard to the treatment which he received from him. he also Deposeth and

with that he did Gentleman Expressed his greif in the most Efecting

terms untill the tears flowed down his aged cheeks_he also said that

the conduct of the s^d Solomon was strange his Language hard harsh

abrupt and truly inpertinant?- he also Deposeth and saith that the

the old gentleman informed him that his box wherein he kept his proper

and money had been broken open and some of his most valuable papers

had been taken out- all which conduct gave him fearfull apprehin

tions of the Danger of his life – all which was transacted before the

coming of the s^d Gilbert Combs into Virginia – the s^d Deponont

further Deposeth and Saith that sometime in the Month of January

1781 he was on an arbitration to settle and Determine Several

Several Controversies and Disposth that ________? between the s^d

Robert Combs and Solomon Combs his Croppes per relative to the Division

of the Crop and the increace of the stock as well as to view the D___?

__ of the work of the s^d Solomon Combs. I agreed with the others in giving

to the s^d Solomon of the one third part of the Produce that was Raised on

the Plantation of the s^d Robert Combs- and also one full third part of the

increace of one Stock which we considered as a full composation

for his labor & this Deponent further Deposeth and Saith that he would

not sign the award by reason that I thought there ought to have been

Damages awarded to Robert Combs for the Deficiency of the work of

the s^d Solomon or for the nonperformance of his bargen?....

the s^d Deponent further Deposith and Saith that on the Sixth day of April

1781 he was at the house of Robert Combs at which time the s^d Robert

Combs Executed a Deed of Conveyence to the s^d Gilbert Combs which

was intended to convey to the s^d Gilbert Combs the Plantation whereas

the s^d Robert Combs then lived together with all his Moveable

estate – to which I became a witnefs he also Deposeth and Saith

that at the same time Gilbert Combs Executed an obligation

to the s^d Robert Combs to oblige himself to maintain and

support the s^d Robert Combs During his Natural Life which

he verily believes the s^d Robert Combs to be his proper sences

at the Executing of the s^d Writings

the s^d Deponent further Deposeth and Saith that on the

first Day of June following the s^d Robert Combs Executed

an other Deed to the s^d Gilbert Combs for the same land_by reason

of the informability of the other_at which time this Deponent Declares

he verily be verily believes that the s^d Robert Combs was in his Proper sences

and that he witnefsed the last Deed also the s^d Deponent Deposeth and

Saith that Some few days before the arbitration he Executed a summons

upon the s^d Robert Combs Exhibited against them by Solomon Combs to summons

him to a Settlement and this Deponent do further Declaer that

as to the Bargan in the 29^th Line motioned that he dos not remember

what the said Bargan was _ and this Deponent do further say th

that he asked Robert Combs Sundry Questions to wit? if he new

this Deponent if he now and he answered Yefs_ and at the time

of the said Robert Combs Signing the Deed that this Deponent

Sayeth that he Put the Deed on the slate at which time Robert

Combs made a mark which this Deponent Does remember what

was the mark_this Deponent further sayeth that the s^d

Robert Combs held up his rite hand and that this Deponent

Put the Pen in for to sign the Deed to Gilbert Combs and

This Deponent further say that he saw no worms in the

Said Robert Combs hand and this Deponent do further Declere

that the s^d Robert was a Quarreling with the said Solomon

Combs and the said Solomon Give him very short answers

and went off past of the old Gentleman _______

and this Deponent he being asked if he new the terms that

The said Solomon Combs Lived with Robert Combs but he

Declares he new nothing about the tirms or Bagan

And this Deponent do further say that about 8 or 10

Days before the Death of the said Robert Combs that he the

s^d Robert was out of his sences as This Deponent thought

and this Deponent do further Declear that he had no Convers

ation with Robert Combs after he had sign^d the Deed to Gilbert

Combs and this Deponent do further say that at the time

the said Robert Combs sign^d the Deed this Deponent help him

up as he thought that the said Robert Combs was not able

to git up him selfe _ and this Deponent further sayeth

That the s^d Robert Combs Did not ____ ? out any ______? in

The said Solomon Combs Conduct _ _ and this Deponent

further sayeth not _ _ _ Furgus Cron

Sworn to before us the

Subscribers two of the Justices appointed

in the Commefsion for the same in the Presents of Pl^t & Def^t

This 24 Augst 1785

Edwin Young George Kelley

The Deposition of Elijah Odell Taken before us Edwin Young

and George Keller this 26^th Day of August 1785 as well in behalf

of Gilbert Combs Def^t as Solomon Combs Plantiff said Deponant

Deposeth and sayath that Repeatedly before Gilbert Combs came

to Virg^a Robert Combs complained to him of the ill Treatment he rec^d

from Solomon Combs while Solomon lived with him and that he had

a mind to sell his Land and all that he had Except what he could Take

in his old wagon and go to the Jerses this Deponath Further Deposith

and sayeth that Robert Combs told him that his Box was Broken open

and a bond Taken out the Bond was From Job Combs to him for one

hundred Acres of Land and that he Judged som of the Fammaly had Taken

it and this Deponant further Deposeth that some Time afterward

Robert Combs told the S^d Deponant that he had found the said Bond but

did not complain of his Box being Broken open the 2^nd Time and this Dep

onant further Deposeth and sayeth that before Gilbert Combs came to Virg^a

that he was sent for by Robert Combs to witnefs a will which the said Deponant

Did but knows not the contents of the said will but sayeth that he thought

the old gent was in his Perfect sencis and this Deponant further Deposeth

and sayth that on the 13^th day of Jan 7 1781 he was Called upon to Arbatrate

between Rob^t Combs and Solomon Combs Relate it to a dispute between thim

for Dividing the stock the corn being Divided before – One third Part of the

Stock and also a third Part the Produce of the Plantation was awarded to

the said Solomon and this Deponant further Declares that he Knowed Not

upon what Times Solomon Lived with his Grandfather for his Servifes and

this Deponant further Deposeth and sayth the five years that Sol^m Lived

with him that Robert Combs Told this Deponant that he gave him a horse

for Incouragement and this Deponant further sayeth that Job Combs Told

him at the apprasing of the Estate that he had No Right to Interfer with

the Grain by Reason of Solomon Combs being the Surviver he said the

Property should be avefted to him in his abstance this Deponant further

sayeth that on the 16^th day of June 1781 he was called upon as he

understood by Rob^t Combs to witnefs a Deed of Gift From the said Robt

Combs to Gilbert Combs for the Land where on he lived at that Time and

which at the Time of of its being Done it appered to him that the said

Rob^t Combs was in perfect mind and memory and Instance of the same

Seemed very evident by apperence from his converfation at the

Time by his Asking for his specttikles that he might see the

Instrument of wrighting and his own specttikles could not be found

Fourgus Cron give him his and Asked if he could see and M^r Combs Answer

was that he could see and then signed the Deed and asked where his seal was it being coverd

with paper his Eyes being Deem he could not see it and the seal being showed

him he Acknowledged it to be his hand and seal the said Deponant further

Deposeth and sayeth that the said Rob^t Combs Informed him some considerable

Time before Gilbert Combs Came into Virg^a that Solomon Combs should not

have one foot of Land nor be Any the Better for Anything that he had

but had the said Soloman Combs behaved him self as he ought to have Done he

have rec^d a Clever Living he further sayeth that Job Combs Administrator

to Rob^t Combs at the appraising of the Estate objected against the wagan

and Carpenders Tools being appraifed And Clamed them as his own Prop

erty and three head of Young Cattle which he say^d belonged to Solomon

Combs – and this Deponant further said that the said Rob^t Combs when

he signed the Deed of Gift to Gilbert Combs that he signed the Letter

R to the Deed and this Deponant do Further say that abought 8 or 10 Days

before the said Rob^t Combs Died he went to the House of the said Rob^t

Combs and at first when this Deponant come in for three or four minutes he

thought that the said Rob^t was out of his Sences but Revived and come too

and this Deponant further sayeth that at the Time the said Rob^t Combs

Signed the Deed to Gilbert Combs that the had Little or No Conversation

with him Also sayeth that no Conversation Pafse^d after signing

Of the Deed to the said Gilbert and this Deponant further sayeth he

heard Rob^t Combs say the Day he signed the Deed to Gilbert that he

had been forty Years a making his will but thought this to be

the Last and this Deponant further sayeth that the said Rob^t

Combs that afternoon after the Deed was signed in the morning

he died and further sayeth Not ~

Sworn before us the subscribers Two of the EJ Odell

Justices appointed in the commifsion for the same in the Presents
of the plantiff and Deffendant this 26^th Day of Aug^t 1785

George Kelley Edwin Young

Gilbert Combs bond

And Jacob Golady

Know all men by these presents that we Gilbert Combs

and Jacob Goladay of the Count of Shanando are held

and Firmly bound unto Solomon Combs or Charles Cathett CS

of s^d County in the full & just of Eight hundred pound

Current money to which payment we and truly to be made

unto the said Combs or Catlett his or their Certain Attorney his or

Their Exor? & Admors? we boind over And each of heirs Exors and Admin

jointly & Severally firmly by these pre presents sealed with our

seals and dated this fifteenth day of December one thousand seven

and eighty four } The Condition of the above Obligation is such

that if the above bounded Gilbert Combs doth Declar himself

answer

appear at the next Court to be held for this County and perform

the attactiment of Solomon Combs then the above Obligation

forc and verture?

to be void other wise to remain in full power of Law

Test her
Mary X Denton
Mark
C Catlett

Gilbert Combs Seal

Jacob Golladay Seal

 

Know all men by these presents that we Edwin Young &

John Anderson are held and firmly bound unto Gilbert

Combs ___ in the penal sum of fifty pounds current money

to the payment whereof well and truly to be made to the said Gilbert Combs

or afsigns we bound ourselves our heirs & ___?

his Certain attorney his heirs Exors and Admors ____? ______? by these

presents seald with ourselves? and dated this 29^th day of August 1789

suit in

The Condition of the above obligation is such that whereas at arth ^ of

Chancery was brought in the County Court of Shanandoah by the aforesaid

Solomon Combs Plantf Complt? against the said Gilbert Combs & __?

^& a Decree for the Defendants

Deft ^ and the said Soloman by his Attorney his prayer hath obtained an-

High Chancery

appeal to the First day of the Dist District^ Court if therefore the said Solomon

Combs shall prosecute the said appeal with affect and perform

High _____?

The Judgement of the said District ^ Court ^ thereupon ___ Judgment of the said County

High of Chancery

Court shall be affirmed by the District ^ Court he the said Solomon Combs

shall pay and satisfy all Costs and Damages according –

such

to Law in that case made and provided Then the above Obligation to be void Else to

remain in full force and virtue

}

Edwin Young CS
John Anderson CS