1849: Henry Glascock & wife etc. v Burr Combs etc
Index #: 1849-004
Original Case #: none
Scanned images: yes
County: Fauquier
Filed: 1842; Settled: 1849
Full list of Plaintiffs and Defendants in Chancery Suit:
Henry Glascock and his wife Jane, Frances H Brashears, Ann L Glascock, Catharine Elizabeth Glascock, Sarah A Glascock, Susan Glascock, Armistad B Glascock, Virginia Ann Glascock, an infant by Ann L Glascock her next friend, Pltfs agst Burr Combs, John Combs, John Thomas Glascock in his own right, and as administrator of Robert Combs decd, David Arnold and Mary his wife, Abner Shacklett, Elizabeth Shacklett, Ann Marie Shacklett, Catharine Shacklett, Lucinda Shacklett, William Shacklett, the last three infants by William F Phillips their guardian ad litem, Humphrey B Powell trustee of Robert Combs & wife, and Humphrey B Powell exor of Burr Powell decd Defts in Chancery.
The Shacklets named as defendants in the cause are the heirs of Sarah Ann Combs decd, wife of William Shacklett and the d/o of Robert Combs decd. Humphrey B Powell is Humphrey Brooke Powell, son of Burr Powell and Catharine Brooke and grandson of Col. Levin Powell and his wife Sarah Harrison, a sister to Elizabeth Harrison who married Joseph Combs II.
The case file consists of 144 images, consisting of bills, answers by defendants, deeds and sales of interests, detailed estate accounting, asset valuations of land and slaves, division of slaves, distribution of assets, depositions, summons, and sundry other documents.
ALSO important in this suit is the information provided about the slaves who are listed by name, relationship, and age. This information may be of genealogical value to African American researchers who have ancestors in Fauquier during this period. It is possible that individuals mentioned in these papers are later enumerated in 1870 census records.
The below consists of a collection of abstracts, extracts, and some transcriptions of the original documents found in this file.
This suit was filed in 1842 by Robert Combs’s son-in-law Henry Glascock shortly after Robert’s death on 12 May 1842. Robert Combs executed a deed of trust to Henry Glascock in 1825 placing all his property both real and personal into the hands of Henry, the husband of his daughter Jane Linton Combs. John Thomas Glascock was the administrator of the estate of Robert Combs decd and is named as one of the defendants in this cause in his own right and as administrator. The complainants petitioned the court for a review and adjustment of the administrator’s account and the settlement of the estate that required the sale of Robert’s land and the division of 11 slaves. Robert’s son Burr Combs, a defendant, was found to be in debt to the estate and received no money. The remaining five shares went to Henry Glascock and wife Jane, daughter of Robert Combs; Frances H Brashears, daughter of Robert Combs, Ann L Glascock, daughter of Robert, the heirs of Robert’s daughter Sarah Ann Shacklett decd, and Robert’s son John Combs who had previously sold his interest to Henry Glascock. The final commissioner’s report is quite detailed in the accounting. Henry Glascock purchased Robert’s land and the slaves were divided into 4 lots as John had already received an advance in his share of his father’s estate by way of a Negro slave named Tom.
In process at the same time was a separate chancery cause that Robert Combs had filed against Sylvester Welch Jr. (admr of Sylvester Welch Sr.) and Burr Combs. When Robert died, the suit was transferred to the name of Robert Combs admr who was John Thomas Glascock. This suit sought to overturn a much earlier judgment against Robert Combs obtained by Welch’s admr for the amount of $458.
The most important document found in the chancery case is the following 1825 deed of trust.
Indenture between Robert Combs and Henry Glascock (pp. 141-3 scanned images).
This INDENTURE made the 30th day of September 1825 Between Robert Combs of Fauquier County and state of Virginia of the one part and Henry GLASCOCK of the same county of the other part. Witnesseth that the said Robert Combs with a view of making provision for the future support of his wife should she survive him and an equitable distribution of his estate among his children after the death of himself and his wife as well as for five dollars to him in hand paid by the said Henry Glascock …Hath granted bargained & sold… unto the said Henry G Glascock all his estate real & personal consisting of land slaves &c as follows Viz: the tract of land in the County of Fauquier on which he now resides, being the same that is conveyed in trust for the benefit of Col. Powells exor or Wm LINTON or his heirs as also two slaves named Marcus & Hinson in said trust deed aforesaid also Isaac a slave pledged to Henry Glascock, when redeemed also whatever land he he entitled to in the State of Kentucky also the following slaves Viz.z Jesse, Violet, Jane, Sandy, Mary Ann & Almira the children of said Jane and all crops now made or growing on the land on which the said Combs resides as also all stock of cattle, Horses Hogs & sheep all plantation implements & house hold and Kitchen furniture, with every species of property now in his possession that is not more particularly described together with all houses buildings & appurtenances to the land belonging. To have and to hold the lands aforesaid and the slaves with the future increase of the females and the stock of every sort with its future increase and the crops made & growing as also the other property contained herein or intended to be contained in this trust into the said Henry Glascock his Heirs and assigns forever UPON trust nevertheless that the said Robert Combs and his wife Sarah and the longest liver of them shall have the use, possession
enjoyment and profits of the estate, real & personal aforesaid for and during their natural lives and at the death of the longest liver of them the said property or whatsoever shall remain of it after the support of the said Robert & Sarah shall descend and pass share & share alike to all their children Vitz: Jane Linton now married to Henry GLASCOCK, Francis H BRASHARES, John, Sarah Ann the wife of William SHACKLETT who is to have the use of it during her life, and then it is to go to her children or their descendants as the law would distribute it, and Ann L. the wife of Spencer GLASCOCK who is to have the use of it during life and at her death it is to pass to her children in like manner as Sarah Ann SHACKLETTS part & Burr Combs, but John Combs is to account in the distribution for a slave he got named Tom at the sum of four hundred & fifty dollars and any land in Kentucky that has been allotted to him there, and Sarah Ann the wife of Wm SHACKLETT, also to account for any land she or her husband may have had allotted to them in Kentucky and Burr Combs to account for any advances that have been made for his use already & for whatever sum the said Robert may be compelled to pay as his security in future. The advances already made are as follows 227:79 Nov 22. 1823& 262 dolls: about the same time paid towards saving his land and about $25 lately paid to the sheriff on an Exon [execution] Payne agst. Combs for the benefit of Baylis. The said Robert being ^still bound for the balance of that & other executions now out against the said Burr. The said Henry GLASCOCK binding himself his heirs &c. to hold the property in trust subject to the uses in this deed as stated and during the lives of said Robert Combs & Sarah Combs and the longest liver of them and then to give up the same for distribution in the manner herein directed or such part of it as remain unexpended in the support of said Robert & Sarah:— In witness whereof the said Robert Combs and Henry GLASCOCK have set their hands & affixed their seals hereunto the day& & year before written.”
Robert Combs (Seal) Henry GLASCOCK (Seal)
“Loudon [sic] County to wit:
We Burr POWELL & Abner GIBSON Justices of the peace in the County aforesaid do hereby certify the Robert Combs a party to a certain deed, bearing date on the 30th day of September 1825 and hereunto annexed personally appeared before me in our county aforesaid and acknowledged the same to be his act and and deed and desired us to certify the said acknowledgment to the Clerk of the County Court of Fauquier in order that the said deed may be recorded. Given from under our hands and seals this 30th day of September 1825.”
Burr POWELL (Seal)
A. GIBSON (Seal)
The Indenture was acknowledged by Henry GLASCOCK in Fauquier Court on Oct. 4, 1826.
(Source: Transcribed by Sue Elfving from an original image of deed found in Fauquier Chancery Court Case File: Henry Glascock & Wife etc v Burr Combs etc, Index ID:1849-004, Chancery Court Index Database, Library of Virginia Archives).
SE Notes: This deed in trust identifies Robert and Sarah’s children as: Jane Linton GLASCOCK (wife of Henry the grantee), Francis H BRASHARES [Brashears], John Combs, Sarah Ann SHACKLETT (wife of William), Ann L GLASCOCK (wife of Spencer), and Burr Combs. Son John Combs and the Shackletts removal to Kentucky is confirmed in other documents. It is not yet known where John Combs lived in Kentucky. Robert’s daughter Francis H aka may be a widow by 1842 time since her husband’s name is not listed. The documentation of daughter Jane’s middle name as Linton is another suggestion her mother Sarah was a LINTON. Furthermore, Robert’s reference to the land he lives on land and 2 slaves (Marcus and Hinson) as being held in trust for the benefit of Col. Powell’s Exor or Wm Linton or his heirs might be another clue that Sarah was a Linton heir. More research is needed on the Lintons. Fauquier County court records show that Robert Combs did incurred more expenses relative to son Burr Combs who was styled an insolvent debtor in the chancery suit. Robert Combs outlived his wife Sarah, and he died 12 May 1842 (p. 58 of Henry Glascock & Wife etc. v Burr Combs etc.). The valuation of Robert’s slaves, their equitable distribution, and the sale of his land resulted in a rather complicated settlement.
The documents are organized by types and not necessarily in date sequence. Following is a list of documents and contents of case file:
p.1 Folder with list of surnames and contents
p. 3 Answer of defendant Abner Shacklett who states he is the son of Sarah Ann Combs, wife of William Shacklett. Filed 12 Oct. 1843.
p. 5 Answer of defendants Catharine Shacklett, Lucinda Shacklett, and William Shackletts, infants [means they are under age of 21]. Their answer by their guardian ad litem states the infants have no knowledge of the issues in the cause. Filed 3 April 1843.
p. 8 Case Chronology begins in 1842
p. 20 Henry Glascock states he is an assignee of John Combs
p. 22 Court issues decree dated 11 Oct. 1847 in case: Henry Glascock & his wife Jane, Frances H Brashears, Ann L Glascock, Catharine Elizabeth Glascock, Sarah A Glascock, Susan Glascock, Armistad B Glascock, Virginia Ann Glascock, an infant by Ann L Glascock her next friend, PLTF agst Burr Combs, John Combs, John Thomas Glascock in his own right, and as admr of Robert Combs decd, David Arnold & Mary his wife, Abner Shacklett, Elizabeth Shacklett, Ann Marie Shacklett, Catharin Shacklett, Lucinda Shacklett, William Shacklett, the last three infants by William F Phillips their guardian ad litem, Humphrey B Powell trustee of Robert Combs & wife, and Humphrey B Powell exor of Burr Powell decd Dfts in chancery…
The court orders the commissioner to adjust and settle John Thomas Glascock’s settlement of Robert Combs decd.
p. 24 Court issues a decree about the old slave Jane and Ann L Glascock’s bid, dated Oct 17 1846
p. 31 Commissioner’s notice of intent to adjust the account by order of decree dated July 19 1848
p. 32 The back of the commission’s notice of intent to adjust include the names of H B Powell trustee and exor and also lists Catharine E CARVER [d/o of Ann L Glascock] among the Glascocks
p. 37 An order shows Catharine Shacklett now of age, dated May 1847
p. 40 Order entered Oct. 11, 1847 to state, settle, and adjust a further account of Jno Thomas Glascock administrator of Robert Combs decd. The accounting is done and dated July 25, 1849 by James V Brooke Commissioner. The estate amount listed as $555.66.
p. 41-47 Papers showing the estate accounting begin. The Report is returned Sept. 2, 1848.
p. 44 FINAL: Each 1/5 share = $819.17.
Susan A Shacklett’s representatives receive $69.17 plus slaves
Frances H Brashears receives $69.17 plus slaves
Ann L Glascock receives $188.17 plus slaves
Henry Glascock receives $177.77 from assignment by John Combs
Henry & Jane by their own right receives $69.17 plus slaves
p. 46 A subsequent statement by the commissioner to “recommit” the accounting states the land has been sold but not all proceeds distributed and the slaves have been divided. The state is distributed into 6 shares. Burr Combs’ advancements exceed his interest and is disregarded in the report and that he is insolvent. John Combs’ interest now owned by assignment to Henry Glascock. John was charged with interest from his father’s death until July 25, 1749.
p. 58 Estate accounting report shows 2 heirs (Burr and John) had received advancements and the calculations for interest were taken from the date of Robert Combs’ death, ie. May 12, 1842. Burr’s account consists of $277 (from 11/23/1823), $262 (about the same time), $25 (further sum), plus other items for a total of $840.77 plus $202.60 interest from May 12 1842. John’s account lists 1 negro man Tom [mentioned in the trust deed] for $450 and interest of $109 from May 12, 1842 for a total of $559.
p. 68 List of negroes dated Dec 20, 1843:
Violet an old woman age 63
Jane an old woman age 61
Isaac negro man age 43
Marcus negro man age 37
Sandy negro man age 28
Mary An negro woman age 26
Elmira negro woman age 20
Jared boy child of Mary Ann age 7
Martha child of Mary Ann age 5
Sally a negro girl child of Elmira age 4
Jesse an infant boy child of Elmira age 6 months
Statement included that all were sound and healthy except the two old women. Marcus was said to be deaf in one ear. The commissioner made an allotment on Dec. 27, 1844. Due to Burr’s and John’s advancements, the slaves were divided into four (4) lots: Henry & wife (lot #1), Frances (lot #2), the representatives of Susan A Shacklett (lot #3), and Ann L Glascock (lot #4).
The original division with values was as follows:
Lot 1: Jane 61 ($0), Elmira 20 & Jesse ($550), Sally ($125)
Lot 2: Sandy 28 ($450),
Lot 3: Violet 63 ($0), Mary Ann 26 ($400), Jared 7 ($150), Martha 5 $125)
Lot 4: Isaac 43 ($350), Marcus 37 ($350)
p. 73 Shows the sale of Lot # of the slaves netted $740.58, dated Nov 23 1846
p. 78 Elizabeth Shacklett and Catharine Shacklett sell all their interest in the late Robert Combs’ estate to Abner Shacklett for $80 and dated Sept. 23 1846. Witnessed by William Shacklett and Hezekiah Shacklett
p. 84 Newspaper notice: In obedience to a court decree dated 12 Oct 1842 the commissioner will sell to the highest bidder land in the decree from Glascock v Combs on 4th Monday Jan. 1844 containing 158 acres and is the same whereon Robert Combs deceased lately resided. Premises to be shown by Henry Glascock. Refer to p. 95 for report.
SE Note: What may be significant about this 158 acres is that it is the equivalent acreage that was deeded to Robert Combs by Joseph Combs II. If the same land, then it is more evidence that this Robert is a son of Joseph and the same who was tithed by him for several years.
p. 85 Indenture dated 16 May 1846 between Ann M Shacklett of the first part and Abner Shacklett of the same…for $40…she sells all her interest in the estate of Robert Combs decd….whose accounts are now being settled in chancery. Signed Ann M Glascock and witnessed by Frances H Brashear, [c/r name]Wm R Glascock.
p. 87 Bid statement by Ann R Glascock that she is willing to take the Negro woman Jane reported in this case on Oct. 6, 1846 and to have her sold to N B Butler for $98 at the sum of $90. Signed Ann R Glascock and dated Oct. 16, 1846. Although the initial R was used, this was Ann L Glascock, daughter of Robert. Sometimes a mistake was made with an initial.
p. 95-96 Report of Sale of land of Robert Combs decd. At the first sale, the bid price was considered too low. The second offering brought many people and Henry Glascock was the highest bidder at $5.18/acre and the land was later described as 144 acres. Filed Oct. 17 by R E Scott.
p.99 In the list of heirs, John Combs is listed as being of Kentucky
p. 117 Henry Glascock states that defendant John Combs was a non-resident. Dated Sept. 3, 1842.
p. 119 Beginning of several summons for the defendants to appear at court.
p. 119 Newspaper notice: states John Combs did not appear in court as summoned, is not an inhabitant, and is summoned to appear next term, dated Dec. 24, 1842.
p. 126 The summons for Abner Shacklett dated July 31, 1843 shows he was not an inhabitant
p. 127-8 Summons for Humphrey B Powell trustee for Robert Combs & wife and for Burr Powell shows Powell not found
p. 135 Summons for Humphrey B Powell as trustee of Robert Combs & wife and exor of Burr Powell decd.
p. 138 Lucy and William Shacklett, orphans of William Shacklett choose Abner Shacklett to be their guardian, they being of age to do so, dated April 20, 1847. [Minors could choose their own guardian at age 14]
p. 141-2 Deed of trust [transcribed above]
p. 144 End of documents