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Return to Combs &c Records of Fauquier Co, VA
Return to Virginia Chancery Court Case Index


1800: Henry Ethell v William Horner
Index Id: 1800-013
County: Fauquier
Scanned Images: Yes (26)
Case Filed: 1799; Case Settled: 1801 instead of 1800

(Source: Henry Ethell v William Horner, Id # 1800-013, Library of Virginia Archives, Chancery Court Records Index: Fauquier County, original images from case file, abstracted, transcribed, and submitted by Sue Elfving for Combs &c)

Case Summary:

A Bill of Injunction by Henry Ethell against William Horner. Mr. Horner had originally purchased 24 barrels of lawful size from Henry Ethell in 1798. When the barrels were delivered to Col. Chilton’s mill to be packed with flour, Mr. Chilton refused to pack them because they were too small and would break into pieces because of the weight. Mr. Horner obtained a judgment against Mr. Ethell because of his loss. Robert Combs , age 21 and a cooper, deposed.

p. 4 Deposition of Aaron Schoolfield who deposes he recollected some of the barrels in dispute were brought by Robt Combs. Dated 26 Sept. 1800.

p. 4-5 Deposition of Anthony Ethell dated 25 July 1801.

p. 12 Deposition of Robert Combs taken at the request of Henry ATHOL in suit of ATHEL vs William HORNER Defts. Robert Combs deposes he is aged about 21 years and that he worked with the Plaintiff as a cooper in the year of 1798 and that the Deft purchased [14?] Flour Barrels of the Plaintiff after seeing them. Robert x Combs and sworn on 26 Oct. 1800 to Simon Triplett.

SE Notes: The above Robert’s age (about 21 in October of 1800) matches perfectly with Robert Combs (b 1779) who married Nancy SEARS and who removed from Loudoun Co, VA to Morgan Co, OH where he is found in the 1850 census, age 79. There were only 2 Robert Combs found in early Virginia records, this young Robert Combs and RW Robert Combs. The ancestry of this younger Robert Combs has not been determined but he had sons named Burr and Nimrod. Old RW Robert Combs knew the Athol/Ethell family per the following affidavit found in his pension file. On 21 Aug. 1832, in Fauquier County, VA, Anthony ETHELL, aged 75, declared he served in the Virginia militia in 1775 and 1776 in the company of Capt. Simon TRIPLETT called minute men. Robert Combs, now aged about 79 [b ca 1753], joined the company before harvest in 1776 and was stationed at Alexandria (D. C.) and continued in service until cold weather.

p. 19 Injunction Bond by Henry Ethell and Benjamin Reader for 20 pounds dated 22 Nov 1799

p. 21-22 Answer of William Horner dated 11 June 1800

p. 23-25 Bill of complainant by Henry Ethell a cooper who makes flour barrels dated 28 Oct 1799.


1823: Adms of William H Hampton v Burr Combs
Index Id: 1823-001
County: Fauquier
Scanned Images: Yes (4)
Case Settled: 1823


1826: Adms of William Hampton v Burr Combs &c
Index Id: 1826-003
County: Fauquier
Scanned Images: Yes (20)
Case Settled: 1826


1836: Sylvester Welch vs Ann Fishback
Index Id: 1836-008
County: Fauquier
Scanned Images: Yes (109)
Case Settled: 1836

Notes: The plaintiff was Sylvester Welch as executor of Sylvester Welch decd, in his own right, and as trustee of Kitty Combs and the defendants were Ann Fishback and other heirs of Sylvester Welch. The dispute concerned slaves and the estate of Sylvester Welch [Sr.] decd. The first documents consist of answers of all the defendants. We learn that Burr Combs’ wife Catharine Welch was called “Kitty” by her family. This file includes the will of Sylvester Welch decd [Sr]

p. 23 Complainant’s BILL wherein Sylvester Welch, executor and orator, states Sylvester Welch Sr.’s will instructed the orator to hold Kitty Combs interest “in trust for her life.” It seems that Kitty’s father did not trust her husband Burr Combs to safeguard his daughter Kitty’s inheritance. 


1838: Cornelius Gaines &c v Richard H Gaines &c
Index Id: 1838-008
County: Fauquier
Scanned Images: Yes (474)
Case Settled: 1838

Notes: Includes 1818 Will of William Gaines of Stafford Co, VA.

p. 150 Report dated 18 Aug. 1832 showing costs that included costs of witnesses: Benjamin TOLSON for 2 days twice for 30 miles and same returning, John COOPER for 1 day and 18 miles and same returning, William R Combs for 1 day travelling 25 miles and same returning.

p. 431-35 Deposition of Benjamin Tolson taken June 17, 1820 who deposes he was present at the first attempt to sell the tract of land with the mill belonging to the estate of Wm Gaines decd. The property had previously been advertised and the deponent bid two thousand and it “finally cried off to one of the executors at a price exceeding two thousand dollars.” Deponent thinks the deceased died in the year 1818. He further deposes as to the average toll of the mill, the profit derived from raising the hogs and saying it took 2 and 1/2 barrels of corn to raise and fatten each hundred weight of pork. Corn was stated to be worth about $2 in 1818-1822. Deponent purchased the interest of Wm Gaines in the land and mill aforesaid on 10 Sept. 1822 for $1371 with 1/3 paid and two equal installments of 9 and 18 months each. Deponent states the executors were in possession of the property and gives names and values of the slaves that he knew. He lists all those who lived with the widow at the time of his purchase of the mill.

Note: Benjamin P Tolson, s/o George H. Tolson and Seth Combs (d/o of Joseph and (Mary PRICHARD or an earlier wife perhaps). This was a long deposition and there are questions and answers as to whether the deponent paid less for the property than it was really worth given the fact it was purchased at sale for more than the deponent later paid.

p. 454 Deposition of William R Combs dated 30 Sept 1830 and taken at the Commissioner’s office. Deponent states he was present at the sale of the personal property of the estate of Wm Gaines decd and during part of sale he kept the sale as clerk. He acknowledged the list presented to him and marked No. 1 was the list he kept.

Note: William R Combs of Stafford Co, VA, son of Ennis & Margaret ROUSSEAU Combs, b 30 May 1784, died 20 July 1836 [or 1856] per the Combs-Wicklyffe Family Bible. He married Sarah Wicklyffe.


1838: Elizabeth Tippett v Wesley Coppage
Index Id: 1838-019
County: Fauquier
Scanned Images: Yes (122)
Case Settled: 1838

Notes: Includes the 1830 Will of James Tippett of Fauquier Co, VA

p. 96-99 Deposition of Seth Combs as to the value of land and slaves of Elizabeth Tippett and also her capability, also about the land he purchased in 1834 from Wesley Coppage 


1839: William Smith v James S Pickett
Index Id: 1839-007
County: Fauquier
Scanned Images: Yes (295)

Notes: A huge suit involving heirs and estates and slaves that does not involve the Combs family.

p. 202-203 Deposition of Burr Combs who deposes about the value of an old female slave that he observed in the Smith household and mentions walking by the Smiths on his way to school


1845: Samuel Cox v Whitson Cox &c
Index Id: 1845-024
County: Fauquier
Scanned Images: Yes (16)
Case Filed: 1844; Case Settled: 1845

Case Summary:

Seth Combs was named a co-defendant with Whitson Cox because he had the authority from Whitson Cox to collect any monies due him. Whitson owed the plaintiff Samuel Cox $50 and he asked for a restraining order against Combs to prevent him from conveying any property to Whitson Cox. The case was initiated in 1844 and the file contains a plaintiff’s Bill but no answers. Initially the defendant was styled Winston Cox but later amended to Whitson Cox.


1847: George A Sinclair v Lloyd Noland
Index Id: 1847-020
County: Fauquier
Scanned Images: Yes (249)

p. 219 Deposition of Burr Combs taken 4 April 1847 at the house of James S Pickett in Fauquier Co.

Q by George B Sinclair: “What is the general reputation of Joseph Moore as to veracity”

A by Burr Combs: “as Fenton Owens said, it has ben barbacued [sic] mightily”

Q by same: “would you admit Joseph Moore to give evidence against you”

A by same: “no, if I could prevent it”

Q by same: “for what reason”

A by same: “while I was constable, I served a warrant upon him and afterwards Moore denied that I had served the warrant - and further saith not”


1848: Mary Kirkpatrick &c v John Lynn & Wife &c
Index Id: 1848-089
County: Fauquier
Scanned Images: Yes (90)
Case Settled: 1848

p. 71 Deposition of Burr Combs by Complainant Torbet L Carver. The first question by complainant: “Were you the cryer at the Sale of Negroes belonging to the estate of John Crupper deceased made sometime in December 1836 by Messrs John W Tyler and Cuthbert Owens?”

Answer: “I was the cryer at the sale.” Burr was next asked if he heard Miss Elizabeth Crupper, now Mrs Houndshell advise the Negroes Lucinda and Armistead to run away. Burr responded that he saw them in conversation after the second sale but did not hear what they said but he thought that to be so.


1850: Richard Cooper v Adms of William Weaver &c
Index Id: 1850-007
County: Fauquier
Scanned Images: Yes (95)
Case Settled: 1850

Notes: Includes a deposition of Seth Combs (p. 79-80)


1854: William F Phillips &c v Marshall Bayliss & Wife &c
Index Id: 1854-003
County: Fauquier
Scanned Images: Yes (298)
Case Settled: 1854

Notes: Includes 1852 will of Martha C G Bayliss of Fauquier Co, VA, and the 1847 will of Martha Haynie of Fauquier Co, VA. Long list of defendants include Seth Combs with notation that he died during the suit, and Kennick Combs and Margaret Combs, executors of Seth Combs .


1855: John E Blackwell v Arthur A Freeman &c
Index Id: 1855-009
County: Fauquier
Scanned Images: Yes (57)
Case Settled: 1855

Notes: Seth Combs in list of defendants


1858: John L Combs v Hiram K Seaton &c
Index Id: 1858-013
County: Fauquier
Scanned Images: Yes (55)
Case Settled: 1858


1866: Ann Fishback v Sylvester Welch &c
Index Id: 1866-060
County: Fauquier
Scanned Images: Yes (70)
Case Settled: 1866


1866: James Kean & Wife v Sylvester Welch &c
Index Id: 1866-061
County: Fauquier
Scanned Images: Yes (84)
Case Settled: 1866


1868: Sampson Barbee &c v William Payne
Index Id: 1868-047
County: Fauquier
Scanned Images: Yes (11)
Case Filed: 1827; Case dropped from docket: 1868

Case Summary

The children of Helen Combs PAYNE petition the court for a sale of negroes inherited by right of their mother Helen Combs PAYNE, d/o of John and Sarah LUTTRELL Combs. The petition was filed in 1827 indicating their mother Helen was deceased by that time. Their father Benjamin Payne had conveyed his interest in their mother’s inheritance to his children in 1820.

Genealogical Information Gleaned:

Children of Helen Combs and Benjamin Payne: daughter [Lucy] married by 1827 to Sampson Barbee), son Sanford Payne, daughter Jane (married and widowed by 1827 to Silas Bryant), daughter [Elizabeth] married by 1827 to James Combs, daughter [Hetty] married by 1827 to Elijah Thornberry, son Benjamin Payne, and infant son William Payne (not yet age 21 and therefore born after 1806). Records from other chancery suits involving the heirs of Sally Combs provide all the names of the daughters. The 1820 deed of trust actually shows that Lucy and Sampson Barbee were married by 1820.

Case File Inventory:

p. 8 Bill: Orators are Sampson BARBEE who intermarried with the d/o of said Benjamin PAYNE; Sanford PAYNE, son of Benjamin Payne; Jane BRYANT widow of Silas BRYANT and daughter of Benjamin Payne; James Combs who intermarried with the daughter of Benjamin Payne; Elijah THORNBERRY who intermarried with the daughter of Benjamin Payne; and Benjamin PAYNE, son of Benjamin Payne. The orators state that Helen Combs, the daughter of John Combs of Stafford County who by will acquired title to negroes Easter, James, Lewis, and Spencer who were allotted to Benjamin Payne. On 25 Marcy 1820 - Benjamin Payne conveyed his interest to his children to be divided equally after the death of Helen. The orators ask for a commissioner to divide Negroes and name a guardian to William Payne, infant ad litem. Bill filed Sept. 1827. See Behethilon Cummins v Nimrod Combs for more information about this conveyance.

p. 10-11 The court named a guardian for William Payne and decreed that negroes to be sold at a public sale. The Bill was filed in 1827 and a guardian appointed. In 1832, the cause was continued for a report. In 1868, the cause was dropped from the docket.


1871: Louisa H L Herndon v John L Combs &c
Index Id: 1871-012
County: Fauquier
Scanned Images: Yes (84)
Case Settled: 1871


1871: Samuel Eskridge &c v Seth R Combs &c
Index Id: 1871-073
County: Fauquier
Scanned Images: Yes (23)
Case Settled: 1871

Case File Inventory:

p. 2 Will of Samuel L ESKRIDGE: (1) servant woman Eliza and her increase to sister Julia and her children; (3) to nephew William Samuel Combs…an amount of money that I might be entitled to from the sale of land o Asias Oliver which money I desire to be placed in the hands of Kennick E Combs who, with principal and interest, to be used to educate nephew when he is 16; (3) to brother-in-law Seth R Combs my library and other items. Executor: my brother-in-law William A Smith. Dated 21 Aug. 1855. Signed Saml L Eskridge. Wit: B C Combs, Walter Hore, Wm Barber. Will proved in Fauquier court 10 April 1856 by B C Combs and William Barber.

Note: This will found in Combs &c Fauquier Co. record collection. Seth R Combs was Seth Rousseau Combs , s/o Ennis and Margaret ROUSSEAU Combs. It would appear that Seth and Louisa only had the one child together before she died. Their Fauquier Co. marriage is of record: Marriage Bond dated 25 Mar 1850 for Seth R. COMBS & Louise L. ESKRIDGE, no bondsman.

p. 4 Will of Andrew J ESKRIDGE of Fauquier Co. This will mentions sister Julia Ann Eskridge of Fauquier County who is named executor and states Samuel L Eskridge is his guardian. Signed Andrew J Eskridge and dated 11 Nov 1853, proved 22 May 1854. William A Smith granted administration.

p. 7 List of the children of Samuel Eskridge: (1) Samuel L Eskridge, died 1856; (2) Andrew J Eskridge, died 1853; (3) Julia Ann Eskridge married William A Smith; (4) Lousa Eskridge married Seth R Combs and died leaving a son William A [or S] Combs who get 2/3 from the sale of land.

p. 9 Newpaper notice of the sale of 200 acres of land formerly the residence of Samuel Eskridge

p. 11 Land sold 27 Aug. 1855

p. 15 Court appoints Wm H Jennings guardian ad litem for the infant deft. William Combs

p. 19 Answer of Seth R Combs. Seth R Combs states he is willing to surrender his life estate in tract mentioned in Bill for the benefit of his son William Combs.

p. 21 Complainant’s Bill. Samuel Eskridge, William A Smith & Julia his wife formerly Julia Eskridge state that Samuel Eskridge departed this life intestate leaving no widow and your orator Samuel Eskridge your oratrix Julia Smith and Louisa Eskridge were his only children…that Louisa married Seth R Combs and departed this life 18___ leaving her said husband and son surviving her. They state that dividing the 200 acres would injure the land so they want the land sold in Lower Fauquier at public sale.


1872: Louisa H Herndon v Thaddeus Herndon &c
Index Id: 1872-026
County: Fauquier
Scanned Images: Yes (42)
Case Settled: 1872

Notes: Includes 1854 Will of Traverse H Herndon Of Fauquier Co VA and 1853 Will of George Love of Fauqier Co VA


1878: John H Washington & Co v Frances A Combs &c
Index Id: 1878-050
County: Fauquier
Scanned Images: Yes (22)
Case Settled: 1878


1880: Kendrick E Combs v William D Hoffman &c
Index Id: 1880-004
County: Fauquier
Scanned Images: Yes (30)
Case Settled: 1880


1889: Exr Of John S Payne v George W Cooke &c
Index Id: 1889-007
County: Fauquier
Scanned Images: Yes (47)
Case Settled: 1889


1894: John Moxley &c v Exr Of John Primm &c
Index Id: 1894-067
County: Fauquier
Scanned Images: Yes (81)
Case Settled: 1894

Notes: Includes 1865 Will of John Primm of Fauquier Co VA. Contents folder lists the name of Phineas Combs


1897: Augustus G Smith v John L Combs &c
Index Id: 1897-041
County: Fauquier
Scanned Images: Yes (147)
Case Settled: 1897

Notes: A large list of defendants including John L Combs and Catharine Combs (probably his mother).


1902: Indiana R Combs v James R Combs Admr &c
Index Id: 1902-031
County: Fauquier
Scanned Images: Yes (64)
Case Settled: 1902


1904: C W Creel v Evan Creel
Index Id: 1904-068
County: Fauquier
Scanned Images: Yes (16)
Case Settled: 1904

(Source: Library of Virginia Archives, Chancery Court Index: Fauquier Co., original images from case file, abstracted and submitted by Sue Elfving for Combs &c)

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