SURNAME SATURDAY Spitler Family Saga, Augusta Co., VA, 4th Gr-Grandparents Kids during the Revolution, Part 4

While John Spitler, Sr. and Mary Eccord’s childhood days passed, America’s history happened around them. 4^th Great Grandfather was a 1-year old babe when the American Revolution began. When the Declaration of Independence was signed, John Spitler, Sr. was just 2 years old and 4^th Great Grandmother Mary Eccord had just been born. Were their parents Patriots or Loyalists?

Delegates from the 13 colonies met in Philadelphia to create the American Constitution when 4^th Great Grandfather was 13 years old. Two years later fellow Virginian George Washington would become the 1^st President of the United States.

John was born about 1774 in the British American Colonies. It’s up for debate whether he was born in Virginia or Pennsylvania. It’s been suggested by several he was born in Pennsylvania but I haven’t yet seen any documentation to prove this. The 1850 federal census states he was born in Virginia. Alas, census records have a reputation for inaccuracies. 

4^th Great Grandmother Mary (also known as Polly) Eccord was born a few years later about 1776 in the Colonies. I have the same dilemma with Mary’s birthplace as Grandfather.

Unlike John I know Mary’s father. When John Spitler and Polly Eccord married in Augusta County, Virginia Feb. 22, 1797, it was noted in court records. Lyman Chalkley’s “Chronicles of the Scotch-Irish Settlement in Virginia Extracted from the Original Court Records of Augusta County 1745-1800”, page 329 documents Frantz Echard to be Polly’s father:

      “1797—February 22, John Spitler and Francis Eccord, surety. John Spitler and Polly Eccord, daughter of Frantz Echard”

Was Francis Eccord (the surety) the Americanized name for Frantz Echard? I can’t say. Page 404 of Mr. Chalkley’s Chronicles provides hints about the family’s nationality:

August 1795

     “Francis and Christian Eccord vs. William Chambers and Anthony Mustoe, Writ, Spa. April, 1789. 1785 to 178- plaintiffs had dealings with defendants as deputy sheriff. Francis was a German and unacquainted with English language. The bill charges serious impositions on Frances by defendants and prays settlement of accounts, etc. Christian was son of Francis.”

The court suit reveals the Eccord family was of German descent. It could be that Francis and Christian Eccord were Polly’s father and brother but more research needs to be done to say this decisively.

John Spitler bought land in Augusta County before his marriage in September 1795 from John and Elizabeth McPheeters.[1] I don’t have copies of Grandfather’s deeds but learned from the Grantee and Grantor Deed Indexes that he acquired and sold lands until 1833.

Existing federal census enumerations 1810[2], 1820[3], 1830[4], 1840[5] and 1850[6] confirm John and Mary resided in the county during those years.

4^th Great Grandfather’s will was written April 14, 1852[7]. He died weeks later on May12, 1852[8]. Harrison H. Teaford and William S. McChesney witnessed Grandfather’s will and brought it to Augusta County Court June 28^th. John’s friend, Jacob Baylor, was named Executor.

As you read the will transcript below, you’ll realize Grandfather planned for Grandmother’s well-being. She would have been close to 76 years old when John died. Mary (Eccord) Spitler passed March 10, 1853[9] and is buried beside John in the Mt. Tabor Lutheran Church Cemetery, Middlebrook, Virginia[10].

The names of his children and the order of their birth were stated. Elizabeth was born first followed by my ancestor Jacob; then Margaret (Peggy), John, Mary (Polly) and Sarah. John showed no favoritism among his children. He valued all and wanted them to share equally.

Will Transcript:

   In the Name of God, Amen, I John Spitler Sen’r do make and publish my last Will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made and first I direct that all my just debts and funeral expenses be paid as soon after my decease as possible, out of the first moneys that shall come into the hands of my executor, from any portion of my estate real or personal.

   2^nd I also direct that my wife Mary shall have the proceeds of my real estate and the use of my personal property during her natural life, if she should survive me, and if not I direct that my Executor herein after named shall in a reasonable time after my decease, proceed to sell my real estate as well as my personal property, the personal property to be sold on such terms as my Executor may think best, and my landed property in the following manner, that is to say Six hundred dollars to be paid in hand and the balanse in five equal annal instalments  and if my wife should survive me then and in that event, at her death, the Sale of the above property shall take place in the same manner and terms   set fourth above

   3^rd I direct that of the first payment of land, there shall be paid to my daughter Peggy Four hundred dollars, which will make her equal to what I have paid to my son John, and Elizabeth Yeago & my daughter Polly Earhart and I further direct that One hundred dollars be paid to my son Jacob to make him equal as I have already paid him three hundred dollars. I also further direct that One hundred dollars be paid to my daughter Sarah Mizer, as I have paid to her Three hundred dollars, which will make all my children equal. I further direct after the foregoing part of my Will has been completed with that the balance of the proceeds of my estate be equally divided between my five living children and the children of my deceased daughter Elizabeth Yago. That is to say the children of said Mrs. Yago are all put together to have but one distributive share, namely – One sixth part of the whole estate, and it is further my desire that after all have been made equal as above directed, that my Executor pay to my oldest children, first their share, that is to say One sixth part to the children of my dec’d daughter Elizabeth Yago first, next One sixth part to my son Jacob, next One sixth part to my daughter Polly Earhart, next One sixth part to my sone John, next One sixth part to my Daughter Peggy, and next one sixth part to my Daughter Sarah Mizer.

   And lastly I do hereby constitute and appoint my friend Jacob Baylor, to be my sole Executor of this my last Will and Testament.  In witness whereof I John Spitler the Testator have set my hand and seal this fourteenth day of April Eighteen Hundred and Fifty two.

                                                                                           John Spitler

Signed Sealed and delivered

In the presents of us, who have sub-

scribed in the presents of each

of each other

  Harrison H. Teaford

  Wm. S. McChesney

     Augusta County Court June 28^th 1852

         This last Will and Testament of John Spitler dec’d was presented in Court and proved by the oaths of Harrison H. Teaford and William S. McChesney, the subscribing witness thereto and ordered to be recorded. And on the motion of Jacob Baylor the Executor named in said Will who made oath according to law, and with David Baylor his security (who justified as to his sufficiency) entered into a bond in the sum of Five thousand dollars, payable and conditioned as the Law directs, which bond was acknowledged in Court by the obligors thereto and ordered to be recorded, Certificate is granted the said Jacob Baylor, for obtaining a probat of said Will in due form,

                                                                                           Teste

                                                                                            Jefferson Kinney, clk.

 

Will Book 32, page 109 (bottom of page)

Will Book 32, page 110

Will Book 32, page 111 (top of page)

You might also enjoy:     (just click on title)

     TREASURE CHEST THURSDAY Spitler Family Saga, Augusta Co., VA, Part 1

     SURNAME SATURDAY Spitler Family Saga, Augusta Co., VA, Part 2 

     MILITARY MONDAY Spitler Family Saga, Augusta Co., VA, Part 3, The War Years 

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[1] Augusta County, VA Deed Book 28, page 390

[2] 1810 Federal Census Transcription compiled by Mrs. Owen Crickhard, Beverly, West VA, 1968, online at Ancestry.com

[3] 1820 Federal Census, Augusta Co., VA, Waynesboro, page 20, online at Ancestry.com

[4] 1830 Federal Census, Augusta Co., VA, page 102, ‘John Spidler’ household

[5] 1840 Federal Census, Augusta Co., VA, page 39

[6] 1850 Federal Census, Augusta Co, VA, page 274B

[7] Augusta County, VA Will Book 32, pages 109-111

[8] FindAGrave.com Memorial# 90978658.

[9] Death Register, Augusta Co., VA, 1853-1896, Line 223

[10] FindAGrave.com Memorial# 90978715.

MILITARY MONDAY Spitler Family Saga, Augusta Co., VA Part 3, The War Years

3^rd Great Grandfather Jacob Spitler married a second time to Jane F. (Roberts) Acord July 26, 1860.[1] Jane married Andrew B. Acord Jan. 11, 1843[2] and divorced him June 1860[3] in Augusta County. Two Acord stepchildren, Sarah and Jacob F., were living in Jacob and Jane’s home Sept. 10, 1860.[4] Thomas Spitler (Jacob and Margaret’s son) resided with his father and stepmother. A Spitler son, Jacob F., Jr. and his young wife, Eliza Frances Argenbright, lived next door with their 2 children.

Tough times were coming for the Spitler’s. Jacob was 62 years old when the Civil War began. Five of his six sons joined the Confederacy.  They served in Co. F, 52nd Regt. Va. Infantry.

Henry enlisted April 29, 1861 at West View a few weeks after Confederate troops fired on Fort Sumter. He went directly to Harper’s Ferry. I don’t know whether he became ill or was wounded but he was on sick leave from July 1861 until Jan. 27, 1862. Pvt. Henry Spitler was discharged at the end of his sick leave.[5]

John S. Spitler joined Company F the same day as his brother Henry on April 29, 1861. He contracted typhoid fever and was hospitalized from August to December of 1861. On May 3, 1863 John was wounded at Chancellorsville and died 3 days later at a hospital in Staunton.[6]

Pvt. Thomas Spitler enlisted May 15, 1862 and was present at Appomattox April 9, 1865.[7]

Jacob, Jr., joined up August 15, 1862. He was wounded at Manassas and Wilderness. Jacob survived the War and was paroled at Staunton, Virginia May 15, 1865.[8]

Samuel Spitler died of fever in the army according to Henry Spitler’s obituary.

In the meantime, Jacob died Sept. 7, 1864 while the War was being fought. Grandfather prepared his will a few months after the fighting started on August 2, 1861.[9] He wanted his 2^nd wife to get his entire estate and named her his Executrix.

 Transcription:

   I Jacob Spitler, of Augusta County, in the State of Virginia, do make this as and for my last will and Testament hereby revoking all others and former wills by me at any time heretofore made

   1^st I direct the payment of my funeral expenses, and all my Just debts.

   2^nd I give and devised to my beloved wife all my Estate – of every kind and description, of which I may die possessed of or be in any way entitled to.

   Last I Nominate and Constitute my said wife as the Sole Executrix of this will,

      In Testimony whereof I have hereunto Set my hand and seal the 21^st day of August in the year of our Lord one Thousand Eight hundred and Sixty one

                                                                                    Jacob Spitler

Witness present – Signing in the

Presences of the Testator & of each

Other – he having signed in _?_ presences

A.   F. Kinney

             N. K. Trout

In Augusta County Court October 24^th 1864

   This Last will and Testament of Jacob Spitler dec’d was presented in court and and proved by the oaths of A. F. Kinney and N. K. Trout the Subscribing witnesses thereto and ordered to be recorded And on the motion of Jane F. Spitler the Executrix therein named, who made and thereof according to and together with Jacob Bayler her Security (who Justified as to his Sufficiency) Entered into a bond in the Sum of Twenty five hundred dollars payable and wich condition as required by law, which bond was acknowledged in open court by the obligers thereto and ordered to be recorded.

Certificate is granted the said Jane F. Spitler for obtaining a probate of said will in due favor.

                                                                Teste

                                                                William A. Burnett clk

Jacob Baylor, acting as Jane F. Spitler’s Security, requested Augusta County Court revoke Jane’s right to her powers as Executrix August 22, 1865.[10] The court document states Jane renounced her powers in a written document before Staunton Mayor Nicholas K. Trout. It’s hard to say what prompted this. Grandfather had faith in her abilities to handle his estate as he made her his ‘Sole Executrix’. When the Civil War ended, Virginia was part of the United States of America again. The economic future of Southerners was uncertain. Perhaps Jane needed help to wade through the political climate.

Alexander B. Lightner became the administrator for Grandfather’s estate with Albert G. Wayland acting as his Security. Mr. Lightner arranged for an inventory of Jacob’s personal estate that same month. He presented the court with an account of the sale of Jacob’s personal estate that took place Sept. 20, 1865. The estate sale raised $923.45.[11]

I don’t know what became of Jacob’s land. As of 1860 it was still in his possession. No doubt land records will tell another story.

You might enjoy reading:

      Spitler Famiy Saga, Augusta Co., VA, Part 1

      Spitler Family Saga, Augusta Co., VA, Part 2

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[1] Ancestry.com. Virginia, Select Marriages, 1785-1940 [database on-line].

[2] Virginia, Marriages, 1785-1940," index, FamilySearch (https://familysearch.org/ark:/61903/1:1:XR7Q-K5W)

[3] Virginia Memory, Library of Virginia Digital Collection, Chancery Records Index No. 1860-008, Jane F. Acord vs Andrew B. Acord, http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=015-1860-008

[4] 1860 Federal Census, 1^st District, Augusta County, VA, Pages 197-198, Jacob Spitler household.

[5] Valley of the Shadow website, http://valley.lib.virginia.edu/dossier_record?q=db:dossiers_augusta%20AND%20id_num:1770Records

[6] Valley of the Shadow website, http://valley.lib.virginia.edu/dossier_record?q=db:dossiers_augusta%20AND%20id_num:1775

[7] Valley of the Shadow website, http://valley.lib.virginia.edu/dossier_record?q=db:dossiers_augusta%20AND%20id_num:33648

[8] Valley of the Shadow website, http://valley.lib.virginia.edu/dossier_record?q=db:dossiers_augusta%20AND%20id_num:1771

[9] Jacob Spitler’s Will, Augusta Co. VA Will Book 40, pages 89-90.

[10] Augusta County, VA, Will Book 40, page 173.

[11] Augusta County, VA, Will Book 40, pages 216-219

SURNAME SATURDAY Spitler Family Saga, Augusta Co., VA Part 2

Today’s installment of the Spitler Family Saga will focus on my 3^rd Great Grandfather Jacob Spitler. In an earlier post I told the Spitler Family Saga by discussing Cousin Rachel Joseph’s family stories and findings (click here to read).

In 1992 I hired the late Mrs. Katherine G. Bushman, an Augusta County genealogist, to help me with my ancestry. Mrs. Bushman added to Cousin Ray’s knowledge. My contribution to the saga comprised internet sleuthing.

Jacob Spitler was born December 1799[1] in Virginia to John Spitler Sr. and Mary Eccord/Accord. He was one of six children raised in Augusta County. When 3^rd Great Grandfather was 24 years old, he wed Margaret Dunlap, daughter of Archibald and Betsey Dunlap June 14, 1824.[2] Rev. Michael Meyerhoeffer, a minister serving the Salem Evangelical Lutheran Church, married them in Augusta County.  Great Grandmother was also born in Augusta County about 1799[3]. 

Augusta County, Virginia Countryside

View from Parnassus

Contributed by Hamiltonl at English Wikipedia

Jacob didn’t appear as a head of household in the 1830 federal census. I located “John Spidler” in the Southern District of the county with a household of eleven. The family included boys and girls, mothers and fathers and probably grandparents too [4]. Perhaps Jacob’s family lived in his father’s home.

Mrs. Katherine Bushman and the Augusta County Land Grantee Index confirm John Spitler sold 138 acres in Back Creek to his son Jacob March 30, 1833.[5]  The land was property John Spitler originally purchased from John and Elizabeth McPheeters Sept. 15, 1795[6]. The sale to Jacob also included land George and Katherine Baylor sold to his father Dec. 22, 1800[7]. I haven’t seen the clerk’s copy of the deeds yet so I don’t know if Jacob’s father gifted the land to him or if it was a sale.

The 1840 federal census shows Jacob and his father listed next to each other.[8] His household included Jacob, Margaret, and seven individuals under the age of 20 years. Two persons were employed in the agriculture industry. One female between 10 and 14 years was my 2^nd Great Grandmother Eliza Jane. One male between 15 and 19 years was the eldest son, William B. Two males between 10 and 14 were Henry and Thomas. Three boys from 5 to 9 were Jacob F., Jr., Samuel, and another not identified. No children were younger than 5 years old according to the census tick marks.

By the time the 1850 federal census was enumerated[9], Jacob’s son, William B., had already married and left home. William B. and Margaret Arehart wed Nov. 9, 1848. The same was true of my 2^nd Great Grandmother Eliza Jane who married William Wilson Joseph Oct. 26, 1848. Living at home with Jacob and Margaret were Thomas, age 22 years; Henry, age 20; Jacob, age 18; Samuel, age 16; John, age 12, and Sarah, age 10. (I believe the 10 year old daughter was Susan Margaret incorrectly identified as Sarah.) Jacob’s 76 year old father and 75 year old mother lived in his home too. The Spitler’s farmed their land. Jacob, his father, and sons Thomas, Henry, Jacob and Samuel were all farmers.

After 34 years together, 3^rd Great Grandmother Margaret (Dunlap) Spitler died Oct. 28, 1858.[10] She was just 59 years old.

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[1] Find-A-Grave web site, www.findagrave.com, Memorial #38713503, birth calculated from age at time of death.

[2] Augusta County, Virginia Marriages, 1748-1850, compiled by John Vogt & T. William Kethley, Jr.

[3] Find-A-Grave web site, www.findagrave.com, Memorial #38713360, birth calculated from age at time of death.

[4] 1830 Federal Census, Southern District, Augusta County, VA, Page 102, John Spidler household.

[5] Augusta County, Virginia Land Deeds, Grantee Index, page 84, Deed Book 55, page 58.

[6] Ibid, Deed Book 28, page 390.

[7] Ibid, Deed Book 31, page 288.

[8] 1840 Federal Census, Augusta County, VA, Page 39, Jacob Spitler Household.

[9] 1850 Federal Census, District 2, Augusta County, VA, Page 274B, John Spitler Household.

[10] Abstracts of Augusta County, Virginia Death Registers compiled by Margaret C. Reese, page 114.