While
John Spitler, Sr. and Mary Eccord’s childhood days passed, America’s history
happened around them. 4th 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 4th 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 4th Great Grandfather was 13 years old. Two years later fellow
Virginian George Washington would become the 1st 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.
4th
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.
4th
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 28th. 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.
2nd 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
3rd 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 28th
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)
[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.
This is the view from top of
cemetery hill facing Goshen, New York.
