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

The Commonwealth of Virginia To Edwin Young, John Anderson & George Keller Gentlemen Greeting in the County of Shanando Know ye that we _______? trusting in your Fidelity and provident curcumspection in delegently Examining of ^sd Job Combs & Debora Combs, Zir Combs, Henry Carrier and Mary Jacob Goladay John Denton Elijah Odell & Fergus Cron Carrier his wife and Jacob Litchliter ^ as witnefses as well in behalf of Solomon Combs Complainant as on behalf of Gilbert Combs defendant Command you or any two or more of you that at such certain daies and places you shall appoint you afsemble yourselves and the witnefses aforesaid before you or any two or more of you, Call and Cause to come and deligently ~ examine on the Holy Evangelists of almighty God and their examination into our said County Court you distinctly and Plainly without delay send and certifie Enclosed returning also this writ witnefs John Williams Clerk of our said County Court the 26^th day of February 1785 of the Ninth year of the Commonwealth

John Williams

The Common Wealth of Virginia To Edwin Young & Ab^m Keller Cl^t Gentlemen of the County of Shanando Greeting. I know ye that we trusting to your fidelity and provident circumspection in diligently examining whatsoever witnefses as shall come before you as well on behalf of Solomon Combs Plaintiff as Gilbert Combs Defen_ =dant. command you that at such certain days and places as you shall appoint . you afsemble your selves and the witnefses aforesaid before you to call & cause to come and deligently examine on the Holy evangelists of Almighty God and their examination so taken you shall send and Certify to the Justices of our Court of Shanando distinctly and plainly without delay . sending also this writ ________ Witnefs Thomas Marshall Clerk of our said Court & the Court House. the 31^st day of May 1782. In the Sixth year of the CommonWealth. Tho^s. Marshall. Clk CLC

take Notice that on the first day of October next I shall proceed to take the Depositions of Thomas ~ Roberts & Susanah Roberts & Joseph Combs at the House of John Acres in the State of New Jersey about four Miles East of Corells ferry on the Delaware River __ Gilbert Combs

To M^r Solomon Combs
Septem the 5^th 1785

The CommonWealth of Virginia to the Sherriff of Shanando Greeting We Command you as often heretofore we have com_ manded you that you summons Gilbert Combs to ap- pear before the Justices of our s^d County Court in Chancery at the Court house of the s^d County on the last Thursday in Next month to answer a bill in Chancery exhibited against him by Soloman Combs & this you shall in no wise omitt under the penalty of_ ₤100 & have then there this writ witnefs Tho^s Marshall Clk of our s^d County at the Court house aforesaid this 3^rd day September 1782 & the seventh year of the CommonWealth

Tho^s Marshall CSC

The Commonwealth of Virginia to the Sheriff of Shanando Greeting we command you that you take summon Gilbert Combs to appear be fore the Justices of the said County Court in Chancery at the Court house of the said County on the last Thursday in May to answer a bill in Chancery Exhibited against him by Soloman Combs & this you shall in no wise omit under the penalty of ₤100 and have then there this writ witnefs Tho^s Marshall Clk of our s^d. Court at the Court house aforesaid this 17^th day of April 1782 & the Sixth year of the Commonwealth.

Tho^s Marshall Clk S.C

The Deposition of Mary Carrer taken this 13 day of July 1782 in behalf of Solomon Combs Plt ag^st Gilbert Combs Def^t _ this Deponent Deposeth and sayeth that she had saw Robert Combs several times Before his sicknefs and that in the time of his sicknefs this Deponent lived at the house of the the said Robert Combs and were with him every day in the time he was sick and this Deponent do further declare that to the best of her knowledge that the Said Robert Combs was not in his senfes for three weeks before he Died and this Deponent was in the room the day that the said Robert Combs Died and that John Denton Fargus Cron and others had the said Robert Combs up by the fire and that they had a pen on a slate and that she heard Fargus Cron say dady Give me Your hand which she the said Deponent understood then the Deed of Gift was sign^d to Gilbert Combs and this Deponent further Declares that the said Robert Combs died in about three ours after after that and this Deponent Further sayeth not __

her
Mary X Carrer
Mark

Shanando Sc^t Sworn to before we
two of the Justices of the Peace for the

said County
in the Presense of
The Plt & Deft

Abraham Kellar
Edwin Young

The Deposition of Henry Carrer taken this 13 day of July 1782 in
Behalf of Solomon Combs Pl^t against Gilbert Combs Def^t This
Deponent Deposeth and sayeth that he was well acquainted with Robert
Combs for ten Years before his Death and this Deponent lived with the he said Robert Combs at the time he died as a cropper and that ^ lifted
him about in his sicknefs and this deponent do declare that he verily
Believes that the said Robert Combs was not in his senses on or till not he died _ This deponent sayeth that he did ^ converse with him the s^d
Robert Combs that morning before the Deed of Gift was Signed to
the said Gilbert Combs but that he came in soon after the Deed was sign^d
and this Deponent do further Declare that the said Robert Combs was not
in his senses at that time he came in _ and this Deponent
Further sayeth not _ _
Shanando Sc^t
Sworn to before us the Subscribers
Two of the Justices for the said Henry Carryer
County in the Presence of the Pl^t & Def^t
Abraham Kellar
Edwin Young

The Deposition of Deborah Combs taken this 26? day of Nov^r 1782
In behalf of Solomon Combs Plantiff ag^st Gilbert Combs Def^t
This Deponent Deposeth and sayith --- ----- ------------- ----
That in October 1777 Robert Combs came to her house and requested
That Solomon Combs should come and live with him but on This Deponent was very faught to give up to the same but ^ the
Following Proposials I agreed which was this that Robert Combs
Did declare that if Solomon Combs would come and Live with
him he would give him the s^d Solomon his whole plantation
where on he Lived, so I and my husband a greed that when Solomon
Combs came home he might Live with him the said Robert Combs
on the above terms_ so the said Solomon Combs came home and
on the 13 day of Nov^r 1777 the said Solomon Combs went and
Lived with his grand Father Robert Combs three years six
month and four days and this deponent do further declare that it
was not above three month from the time of the said Robert Solomon
Combs left him the said Rob^t Combs before he the sd Robert Died
and this deponent do further declare that in the year 1780?
Robert Combs Combs came to this deponent and told her that he
Had made his will and Left him the said Solomon Combs two
horses a plow & guns Two Cows a Bed and other household besides the Land above mentioned goods fitting for house keeping ^ this Deponent do further declares
that the said Rob^t Combs was taken sick in the last of Apl 1781 and after the first week that she was with him almost every day ^ and that this deponent do
Declare that to the best of her Knowledge that the said Robert Combs
Was not in his Senses in the whole time of his sicknefs
Sworn to before us the Subscribers
In the Presents of the Pl^t & Def^t

her
Deborah X Combs
Mark

Given under our hands this 26 Day

Of Nov^r 1782
Abraham Keller
Edwin Young

The Plantiff & the Defendant being both present
agreable to the detimus to us directed the parties being
first Sworn we Abraham Keller & George Keller
have on the 5^th day of February 1785 Examined & taken
the Deposition of Timothy Eagles as well & behalf of
Gilbert Combs defendant as Solomon Combs plantiff the
deponent being first sworn Deposeth & Saith that he was requested of
by Robert Combs for to come & do some writing for him & he
complying with his request & went & the writing was to write
his will which he Saith he undertook & the will was that he left his _
Land to Solomon Combs his granson Excluding of twelve acres which he
left to Job Combs & Some Cattle and Sheep & two Horses. he also left to
Solomon Combs all farming utensils & a bed & forty pounds pounds
he left to his Daughter Martha that is all he Saith he doth remembers
of that will except Seeing him Sometime after burning the Said will in
the presence of Solomon Combs & the S^d Solomon Said he did not care &
seemed not well pleased. & he further Saith that Robert Combs asked him
after some time to come again & write for him & when he went ___? Combs
Said his mind was not rightly Composed & __ Combs desired him to come again
in a short time which he did wich was to write another will wich was that
he left his land to his Daughter Martha & her heirs & as to his Moveable Estate
he left it to be Equally divided between the S^d Martha Combs children
& Job Combs children he further Saith that the reason of M^r Combs Alter
ing his will was Solomon not using him well as he Seemed to intimate
to him by Complaint & he further Saith that he did not know but he
was in his Senfes as well when he wrote the last will as he was when he
wrote the first & further Saith that Elijah Odell Silvenus Odell & him
Self witnefsed the Said will & he further Saith that he came Seven
times to see M^r Combs during his sicknefs & he found him Some
times in his Sences & Sometimes not & he further Saith that
when he was there Gilbert Combs seemed to give him all

The plantif and defendant being both present Agreeable to the then Dutymus to us directed the parties being ^ sworn we Abram Kellar and George
Kellar have on the 5^th day of Febry 1785 Examined and taken the deposition of
Elijah Odell as well in behalf of Gilbert Combs defendant as Solomon Combs plan
tif this deponant sayeth that repeateded ly before Gilbert Combs came to Virginia
that Robert Combs complained to him of the ill useage and treat ment he receivd
from Solomon Combs while Solomon lived with him and that he had a mind to
to sel his land and all that he had Except what he could tak on his old wagon and
go to the Gersies and this deponant further sayeth that Robert Combs told him that his
Box was broken open and a bond taken out the bond was from Job Combs to the s^d Robert
Combs for one hundred acres of land and that he judged that some of the family
had taken it and this deponant further sayeth that sometime afterwards Robert Combs
told the s^d deponant that he had found the same bond but did not complain of his box being before came being broke open the second time and this deponant further sayeth that ^ Gilbert Combes ^ to
Virginia that he was sent for by Robert Combs to witnefs a will which the said —
Deponant did but new not the contents of the will but sayeth that he thought
M^r Combes was in his proper Cences and this deponant further sayeth that on the
13^th of January 1781 he was called upon to arbitrate a matter between Robert Combs
and Solomon Combs Relating to a dispute be tween them in dividing the stock the ___
being before divided one third part of the stock and and also a third part of the produce of
the plantation was awarded to the said Solomon Combs for his service and this depona^nt
further sayeth that the first years that Soloman Combs lived with M^r Combs that
Robert Combs told him that he gave Soloman a horse for incouragement and
this deponent further sayeth that Jobe Combes told him at the appraising of the
Estate that he had no Rite __? in ____? with the grain by Reason of Solomons
being the surviver he said the property should be avested to him this deponant
further sayeth that on the first day of June 1781 he was cald up on as he understood
by Robert Combs to witnefs a deed of Gift from the s^d Robert Combs to Gilbert Combs
and at the time of its being done it appeared to him that the s^d Robert Combs
was in peaceful? mind and memory as instane? of the same seemed very evident
ly to appear from his conversation at the time by M^r Combs asking for —
spectukels that he might see the instrument of writeing and his own gave spectukels Could not be found Fergus Cron ^ him his pen and asked him
if he could see and M^r Combes answer was that he coud __?
and then signed the deed and asked where the seal was it being covered
with paper and his Eyes dim he could not see it and the seal being handed
him he acknowledged it to be his hand and seal and this deponant
sayeth not
__? as witnefs our hands the day and EL Odell
date above mentioned

Abram Kellar
George Kelley

The plantiff and Defendant both present ~
The Depofsition of Charles Reagan senior taken by us Abraham Killar
and Geoge Kellar this Fifth Day of February 1785 as well in Behalf
of Gilbert Combs Defendant as of Solomon Combs Plantiff the Depotent
being first sworn Deposeth and that when Solomon Combs Lived with
Robert Combs that the Depotent saith that he went Over the Mountain
with an Intent to purchase some Hemp seed and coming to M^r. Job Combs’s
told his Businefs and that he had heard there was some hemp seed at the
Widow Creeks and Job Combs told him that his father had some he believed
for said he Solomon Lives with him and has a share in the Crop and he
said that Solomon had sold some to James Odell and half a Bushel that he
was to let him have he further saith that he went to Robert Combs’s and asked
him if he had any hemp seed to sell he said he thought so for Solomon said
he had sold his Share to the Depotent saith he bought half a Bushel of
the Old Gentleman and coming down stairs with it Solomon came in
and he saith that he told Solomon he had Bought some hemp seed of his
Grandfather he said his Grandfather had none to sell The Old man
Replied that they went shares in the Crop But Solomon as he thought
Agreed to that But he said the hemp seed was no part of the Crop
for he saved it for himself And thought he had the best Rights to it
himself The Old Gentleman gave up and he saith he paid the money
to Solomon and he further Deposeth and saith not_
as Witnefs our hands the Day and Date
above mentioned
Charles Reagan Seal
Abram Kellar
George Kelley

The Plantiff and Defendant being both present Agreeable to Ditimus
To us Directed. The Parties being then sworn_ We Abraham Killar
and George Kellar have on the Fifth day of February 1785 Examined and
taken the Disposition of John Denton as well in Behalf of Gilbert Combs Defendant
as of Solomon Combs Plantiff. This Deponent saith that Robert Combs
Applied to him to be his Executor But that he Refused at first and he came
the second time and asked him if he would see him who had Enough to live on
suffer for want of Vicluals? then with tears in his Eyes told him that he was
Brought to that pafs that he suffered not being able to help himself. And this
Deponent further saith that this Complaint and Application was made
Between the time of making his first and last Will and that the said Denton
asked M^r Combs how he could suffer when he always appeard to have a plenty
he said that Solomom Combs and Elizabeth Marr who was housekeeper would
Eat Early when he had no appetite to Eat and then they would be gone till
night and lockup the provision and he thought they east their dinner at
Jobes this was for several days he further sayeth that this complaint as
well as he Remembers was made to him in the latter end of the summer
up on this I a greed to be his Executor out of pity to him with the _
Desire to afsist him he further sayeth that M^r Combs Came to him some time
after and asked him to take care of his Riteings and money for his box had
been broke open and some money he thought to gather with the bond was
taken out the bond was a gainst Jobe Combes for land and he asked him
to git a bench warrant to serch Jobes house he told him he had better
talk to Jobe him self a bout it which he told him he did and Jobe made
a laugh of it and said he Reckened it wout come back and soon after
he found it in his box on his papers but not perceiving that the box had
been broke open a gain but thought it might be slipt in under the bed
soon after that he made his will and conveyed to him and all his Rite
ings and money for fear of being Robd by them he desired him to notes
if he heard of his sudden death if he did not hear of some bodys being
markt For he was afraid some of them would kill him and I intend
to mark them if I can for I intend to Rest my Knife and ax by me
and this deponent further sayeth that M^r Combs applied to him to take
him in to live with him or to afsist him in seling his affects to
move for those that lived with him used him so ill that he could
not live with them and this deponent further sayeth that all the above

was trans acted before Gilbert Combs a Rived in Shannandoah County
and he further sayeth that on the 27^th of April 1781 he went to Mr Combs
and witnefsed a deed of gift from Robert Combs to Gilbert Combs for all his
Estate both Rail and personal and he thought he was in perfect mind and
memory and he went to see him sundry times and found him some times not in his Cences and some times ^ and he further sayeth that on Friday the first
day of June he came to his house to witnefs an other deed of Gift from –
Robert Combs to Gilbert Combs which was for the land only and at the
signing of the s^d Deed of Gift it appeard to him that M^r Combs was in his proper
Censes and he furter sayeth that Jobe Combses wife came to the house after
the signing of the deed and went to Mr Combs and said there was magots in his
hand but that he saw none when he was cald upon by Mr Combs ----
to come and look for he did not take particular notice and he further sayeth
that at the time of signing the s^d deed M^r Coms said that he had been will altering his ^ for forty years but this was the last and he further sayeth that
Jobe Combes applied to him and said that the old Gentleman was trouble som
and if he did not afsist him he thought they could make out with him well
enough and this Deponent further sayeth not

John Denton

witnefs our hands this Day and date

above mentioned

Abram Kellar
George Kellar

The Plantif and Defendant both being Present
A greeable to the Ditymus to us Directed we Abram Kellar & George Kellar

}

the

partys Being first sworn we have Examined and taken the Depositions of Ferges Cron
as well in behalf of Gilbert Combs Defendant as of Solomon Combs plantif Febr the 5^th 1785
this Deponant deposeth and sayeth that on sundry times before Gilbert Combs A
Rived in Virginia that Robert Combs Exprefsd a great deal of difsatis faction as to the
conduct of Solomon Combs who lived with him before the s^d Gilbert arrived and the s^d
Robert Combs further informd the sd Deponant that his box had been broken open and some
papers taken out and he thought he was in danger of his life and seemed to signify
that some of the family was the Instuation? of what had been done and this S^d Deponent
further sayeth that on the 27^th of April 1781 he came to visit M^r Combs he asked him
how he intended to dispose of his worldly affects he told him that he wanted Gilbert Combs
to have what there was he told him that Gilbert could could write a deed of Gift he went
home and in the Evening he came to visit him a gain in Company with John Denton
he saw a deed of gift lying on the table M^r Combs Asked him to Read it to him
which he did he asked him if it was done to his mind he said if it will stand Law
and the s^d Deponant sayeth that he thought M^r Combs ment as to stand good
in law so he took the deed and Rote his name and asked them to witnefs it which
they did at which time he Judged him to be in his rite sences and acknow_
ledged it and sometime in may following he went to sit up with him he &
thought M^r Combs sences were much decayed then on Wensday the 23^rd of the same
month he went to see him a gain and he asked him if he was in his ceneses Mr
Combs answered and said sometimes and he asked him if he was content with the
Deed he had made to Gilbert he said yes but they say Jobe is going to contend with
him for it before I am gone which is very Rong then on Friday the First of June he
was cald upon by Gilbert Combes as the Deponent thought by the Request of_
Robert Combs to go and witnefs a new deed and a bond likewise and when he came
he went to M^r Combs and asked him how he was he said very low and weak he asked
him if he new him and what those men came for he said Yes they are come
to see me acknowledge a nother deed to Gilbert the lawyers don’t like the other
after some time he asked him if he thought he could sit up to do it M^r Combs
asked him to Read it ______? that I may hear what was in it he Read it to him
and asked him if he was satisfied he said yes by which means the s^d deponant
thought M^r Combes was more in his cenese than when he saw him before
after coming to the fire with their help and sitting in his chair he put the deed
upon a slate before him and then he put the pen in his hand but M^r Combs
could not hold the pen ___? by Reason of a lame hand and making a mark he told
him that would do M^r Combs asked for the seal he showed him the seal
and asked him if he acknowledge that the to be his hand and seal

The Plantif and Defendand being both present Abram Kellar and George Keller a greeable to the ditymus to us ^ directed the partyes being sworn we have Feb 1785 this 5^th day of taken on Examined and taken the deposition of _
Jacob Goliday as well in behalf of Gilbert Combs defendant as Solomon
Combs plantif the s^d deponant sayeth that Robert Combs told
him that when Solomon Combs came to live with him that he was to
give Solomon the third part of what was made on the place and that he
gave him a horse freely to come from his father and live with him and
this deponant further sayeth that M^r Combs told him that Solomon
used him so ill that he could not live with him and that he had a
thought of giving Solomon his land but he had used him so
with so much dis Respect that he thought to sel his land and go
to the Gersies this deponant further sayeth that Jobe Combes administra
tor of the Estate of Robt Combes objected a gainst the standing
grain being appraisd by Reason of it being Solomons at which time
Solomon was distant and this deponant further sayeth that Robert
Combes told him that Solomon had taken some of the stock which he
thought did not belong to him this deponant further sayeth that
in the time of M^r Combes’ sicknefs when Gilbert Combs lived with
him that he frequented the house often and al ways saw Gilbert
very tender and carefull of him and that when the Old Gentleman
wanted any afsistance he frequently cald for Gilbert and that he
thought Mr Combs was sometimes in his Ceness and some times
not and this deponant further sayeth not
as witnefs our hands the day and date above mentioned

Abram Kellar
George Kelley