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Herbert Green Waggener |
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Nancy Willis |
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Herbert Green Waggener (James, Ann) was the son of
James Waggener and Ann (Jones) HI12. H.G.
Waggener’s name was listed on a copy of James Madison’s petition in 1785 called
“Memorial and Remonstrance” and “Remonstratrance
concerning Assessment” LI7, MA38. He
married Nancy Willis on June 10, 1787 NA4. On
May 11, 1790, “Harburt G. Waggener” was listed after
William Willis and before James Waggener in the Personal Property Tax List for
Culpeper County, Virginia BI9.
This was entitled the “List of Taxable property within the district of Aaron
Lane Commissioner in the County of Culpeper for the year 1790”, and it was
interested in the number of white “tithables”,
“Blacks above 16”, Blacks above 12” but younger than sixteen, horses, carriage
wheels, ordinary licenses, billiard tables, number of stud horses, the rates of
covering per season, and practicing physicians BI9. Harburt was assessed for one white
male who was taxable, one black child who was a slave, and one horse BI9. On March 16, 1791, “Herbert g. Waggener” remained in Aaron
Lane’s district in Culpeper County and was assessed tax on himself, one
enslaved child, and three horses BI9. On
May 24, 1792, the only change to taxes owed from “Harbert G. Waggener” over the
previous year was the addition of two black slaves
older than sixteen, rather than one child who was a slave BI9. The following year, on April 24, 1793, “Herbert G. Wagener”,
still in Aaron Lane’s district in Culpeper County, was taxed on himself and two
horses, but no slaves BI9. On
March 11, 1794, he was assessed on himself, one slave older than sixteen, and
perhaps four horses (the number was obscured) BI9.
In
1795, the number of slaves and horses he owned increased by one apiece (he
owned five horses in this year) BI9. On February 26, 1796, John Waggoner mortgaged
his property of 150 acres acres in Culpeper County to
Richard Waggoner, James Jones Waggoner, Thomas Waggoner, Herbert Green
Waggoner, Ambrose Jones, and John White for the sum of £300, with the agreement
that John would repay the mortgagees on or before the death of James Waggoner,
the elder, of Culpeper County CU18:
This Indenture made the twenty sixth day of February in the year
of our Lord one thousand seven hundred and ninety six, Between John Waggoner of
Culpeper County Virginia on the one part and Richard Waggoner of Kentucky James
Jones Waggoner of Culpeper County Virginia Thomas Waggoner of Madison County
Virginia Herbert Green Waggoner of Culpeper County Virginia Ambrose Jones and
John White both of Madison County Virginia on the other part, Witnesseth that that [sic]
the said John Waggoner for and in Consideration of the sum of three hundred
pounds Current money of Virginia to him paid before the ensealing
and delivery of these presents by the said Richard Waggoner, James J. Waggoner,
Thomas Waggoner, Herbert G. Waggoner Ambrose Jones and John White the receipt
whereof he doth hereby acknowledge have by these presents granted sold and
Conveyed to the aforesaid Richard Waggoner, James J. Waggoner, Thomas Waggoner,
Herbert G. Waggoner Ambrose Jones and John White all that Tract or parcel
Situate lying and being in the County of Culpeper Containing one hundred &
fifty Acres whereon the said John Waggoner now resides and bounded by the Lands
of William Morton, Samuel Dogan Robert Garnett, and the rapidan
river, to have and to hold the the [sic] said Land and premises with the
appurtenances thereunto belonging to them the said Richard Waggoner James J.
Waggoner, Thomas Waggoner Herbert G. Waggoner Ambrose Jones and John White
their heirs and assigns forever, Provided always and upon Condition that if he
the said John Waggoner his heirs or assigns shall well and truly pay or Cause
to be paid to the above named Richard Waggoner, James J. Waggoner Thomas
Waggoner Herbert G. Waggoner Ambrose Jones and John White the full and Just sum
of three hundred Pounds Lawful money of Virginia, which he the said John
Waggoner stands Justly Indebted to for Value received and has entered into Bond
bearing date the twenty sixth day of February one thousand Seven hundred and
ninety six to the aforesaid Richard Waggoner of James J Waggoner, Thomas
Waggoner Herbert G. Waggoner Ambrose Jones and John White on or before on or
before [sic] the death of James
Waggoner the Elder of Culpeper County, then these presents and every thing herein Contained shall Cease and become void,
but in default thereof it shall and may be Lawful for them the said Richard
Waggoner, James J. Waggoner, Thomas Waggoner, Herbert G. Waggoner, Ambrose
Jones and John White their heirs and assigns to enter upon and enjoy the said
premises as aforesaid, and it is agreed on the part of them the said Richard
Waggoner, James J. Waggoner Thomas Waggoner, Herbert G. Waggoner Ambrose Jones
and John White that he the said John Waggoner his heirs and assigns may quietly
hold and enjoy the said premises and receive all profits and rents to his or
their or their [sic] use and benefit untill default in performing the provise
[possibly an abbreviation for the word “provisions”] and Conditions herein
Contained In Witness whereof the said parties to these presents have hereunto
interchangeably set their hands and Seals the day and year above written
In presence of William Willis Isaac Willis Sandy Willis Edmund
Willis
On
March 29, 1796, “Harbert G. Wagoner” was assessed one white male, one black
adult slave, and four horses by Aaron Lane BI9. He
acquired an additional adult slave by the time of the next assessment on March
28, 1797, and his tax assessment remained unchanged in 1798 BI9. He purchased two parcels of land (which were a total of 201
acres for both parcels) in Culpeper County from Joseph and Sarah Wilkins on
September 17, 1798 for the sum of $700 CU19:
This
Indenture made this 17th day
of September in the year of our Lord One thousand seven hundred and ninety
eight Between Joseph Wilkins and Sarah his wife of the County of Culpeper and
state of Virginia of the one part and Herbert G Waggoner of the County and
State aforesaid of the other part Witnesseth that the
said Joseph Wilkins and Sarah his wife for and in consideration of the sum of
seven hundred dollars Current money of Virginia the Receipt whereof the said
Joseph Wilkins doth hereby acknowledge hath granted bargained and sold aliened
and confirmed and by these presents doth grant bargain sell alien and confirm
unto the said Herbert G Waggoner his heirs and assigns Two tracts or parcel of
land lying and being in the County aforesaid and being part of a larger tract
sold and conveyed unto Benjamin Hawkins by Alexander Spotswood as by Indenture
bearing date the nineteenth day of December One thousand seven hundred and
Seventy four and recorded in the Court of the said County of Culpeper one of
which tracts of land to wit the one Containing fiftyone
acres more or less was bequeathed by the said Benjamin Hawkins late decd
to his son Benjamin Hawkins as will more fully appear by Reference to his Will
of Record in Orange County Court who conveyed the same to Lewis Willis by
Indenture bearing date the fifth day of November One thousand seven hundred and
Eighty Eight and Recorded in the Court of the said County of Culpeper and by
the said Lewis Miller Conveyed by Indenture bearing date the twenty fourth day
of September in the year One thousand seven hundred and ninety six unto the
said Joseph Wilkins which said Indenture is Recorded also in County Court of
Culpeper and bounded as follows to wit: Begining at a
gum and box oak and runing South twenty degrees East
Eighty nine poles to a small box oak and hickory on the side of Piney mountain
thence North Eighty six degrees West Ninety poles to a pine a black oak and
post oak thence North twenty degrees West Eighty nine poles to a pine and black
oak thence South Eighty six degrees East to the beginning Containing fifty one
acres more or less the other of which tracts of land is a part of the tract
conveyed to the said Benjamin Hawkins decd by the
said Alexander Spotswood and devised to William Hawkins by the Will of the said
Benjamin Hawkins who sold the same to the said Lewis Willis as will appear by
an Indenture recorded in the Court of the said County of Culpeper and by the
said Lewis Willis sold unto the said Joseph Wilkins and bounded as follows Towit Begining at a pine black
oak and post oak and runing with Moses Hawkins’s line
to two hickory saplins thence North fifty two degrees
East Seventy two poles to two spanish oaks on the
branch thence down the branch to a box and red oak thence South twenty degrees
East three hundred and twenty seven poles to a box oak and gum thence North
Eighty six degrees West to the begining Containing
One hundred and fifty acres more or less together with the priviledges
and advantages of the said tract of land belonging or in any wise appurtaining and the reversion and reversions remainders
rents issues and profits thereof To have and to hold the said two tracts or
parcels of land and premises unto the aid Herbert G Waggoner his hers and
assigns forever to the only proper use and behoof of the said Herbert G Waggoner
his heirs or assigns and the said Joseph Wilkins and Sarah his wife for
themselves and their heirs doth hereby warrant and will forever defend the said
tract of land and premises with the appurtenances thereunto belonging unto the
said Gerbert [sic]
G Waggoner his heirs and assigns forever free and clear and freely and clearly
from all incumbrances and free and clear from the claim or claims of all and
every person or persons whatsoever. In Witness whereof the said Joseph Wilkins
and Sarah his wife have hereunto set their hands and
affixed their seals the day and year first above written
In 1799 (still in Aaron Lane’s district in
Culpeper County), he was assessed tax on himself, two adult black
slaves, and two horses, but in 1800 he owned three adult slaves and three
horses BI9. Aaron Lane assessed “Harbert G. Waggoner” for two adult white
males (Herbert’s sons were all minors), three adult black
slaves, and five horses in 1801, but in 1802, this same district was assessed
by William Burt, rather than Aaron Lane; “Harbert G. Waggenor”
was assessed for one white male, three adult slaves, and five horses BI9.
On October 10, 1804, Herbert Green Waggoner of Culpeper County,
Virginia purchased the one third interest in a tract of 2000 acres on Glens
Fork in Adair County, Kentucky from Robert Patton and his wife, Ann Gorden (or Gordon) of Fredericksburg, Virginia
WA36, KE21 for
the sum of $2000 KE21. A
survey of the land on October 7 or 8, 1785 recorded that this parcel began on
the main west fork of “Glenns Creek, at two Sugar
trees” KE21 of
the lower boundary line of the parcel of 666 2/3 acres owned by Joseph Colvert WA36 or Colvet KE21.
Russell Creek joins Green River south of Greensburg, which itself is just west
of Green River Lake and about forty miles southeast of Elizabethtown, Kentucky.
Glens Fork meets Russell Creek southeast of Columbia, so the property owned by
Herbert would have been located southeast of Columbia. Herbert G. and Nancy
Waggoner of Culpeper County sold a parcel of 100 acres in Culpeper County for
the sum of £100 to Benjamin Willis, Senior of Orange County (who was called the
brother of William Willis) on October 16, 1804 CU20. This parcel was previously purchased by
Herbert from a man with the surname Wilkins (his first name was omitted
from the deed) CU20. This Wilkins may
have been Joseph Wilkins, who sold Herbert land in 1798 CU19. “Hubbard” acted as an Adair County
Court official on January 7, 1805 KE24:
On
the mo. [motion] of Hubbard Green Waggoner, It is
Ordered that Jesse White Chisley Coffey James Miller
& Nathan Moon or any three of them being first sworn do review blaze out
and report the nearest and best way for a road from this place to intersect the
road leading from Campbells ferry to Lincoln Cty. To
the next Court and that all further proceedings had on a former report To be held for naught.
He
placed an advertisement in the Kentucky Gazette and General Advertiser on June
10, 1805 BR20:
HAVING
purchaſed part of the following tract of Land,
Notice
is hereby given that the ſubſcriber will call on the commiſſioners,
on the 10th day of September next, if fair, if not on the next fair day; to
divide the tract of land, agreeable to law, in the ſtate of
Kentucky, on Glen’s fork of Ruſſel’s creek, a ſurvey
of 2000 acres, ſurveyed in the name of Alexander Dick, belonging to
Robert Pattern, Richard Hackley, and the repreſetnat ves [representatives] of John Lee
Herbert
G. Waggener.
Herbert
Waggener was in Adair County, Kentucky on July 1, 1805, when he was assessed a
tax on himself (a white man older than twenty-one), thirteen black
slaves, four horses, and one wheeled carriage AD3. At the end of the Adair County tax records for 1806, a
notation stated: “A list of lands &c. omited or
neglected to be enterd with the Comissioner
previous to the year 1806… Aug. 8th…
Waggoner G. Herbert 450… Adair Glens fork… for [the year] 1805” AD3. This indicates that he owned 450 acres of land on Glens Fork
in Adair County in 1805. He was a member of Zion Church in 1805, and he was
said to have been a member of the Baptist group called the “Russells
Creek Association” SP5. At
a County Court held at the residence of John Anderson in Columbia, Adair County
on April 7, 1806, he was called a Justice of the Peace KE24:
Commission
from his Excellency Christopher Greenup esq. Gover [Govenor] of this Commonwealth appointing Hugh French, John
Wolford, Nathan Montgomery & Herbert G. Waggener Justices of the Peace Was
Produced & read and they Severally being being [sic] Sworn took their Seats. Present:
Nathan Montgomery, Herbert G. Waggener, John Wolford, and Hugh French,
esquires.
The following day, April 8, 1806,
he made a motion in the Adair County Court which stated: “On the Motion of
Herbert G. Waggoner his ear mark a crop [the following short word was
illegible] each ear & overkeel in the left is Ord
[ordered] to be [recorded]” KE24. At
a County Court held at the residence of John Anderson on May 5, 1806, “Herbert
G. Waggoner esquire” was present after the court adjourned to the house of
Charles Reaville KE24.
In August 1806, Herbert G. Waggoner was assessed tax on 450
acres of second rate land on Glens Fork in Adair County, Kentucky which was
entered under the name of Alexander Dick (it was surveyed and patented by
Alexander Dick), as well as on tax on himself, four black slaves over sixteen,
fourteen total slaves, and five horses AD3. He was called a Justice of the Adair County Court on August 4,
1806 WA36. Herbert G. Waggener, Charles Reaville, William McNeely, and Joseph Miller were ordered
by the Adair County Court to “apprise [appraise] the slaves if any and
Personal Estate of John Stevenson deceased and return an account thereof to the
Court at their next Term” on October 6, 1806 KE24. They conducted an inventory of the estate of the deceased John
Stevenson in Adair County on October 8, 1806 KE19, and he purchased 100 acres on Russell Creek in Adair County
from John and Peggy Mellenger on November 4, 1806 WA36. He and James Gilmer were ordered by the court to be “Commissioners
to Settle with Nathan Montgomery late Sherriff in his accts [accounts] with
this County and that they report” to the court in December 1806 KE24:
Two
Adair Court records which were dated January 5, 1807 stated KE24:
Herbert
G Waggoner Esquire is appointed Commissioner of the upper end, and Thomas
Gilmer of the lower end of this County Agreeably to the division made between
said Gilmer and Benj Bowmar,
Whereupon they Severally took the Oath required by law and Executed and
Acknowledged bond, the said Herbert with Wm
McNeely his Security and the said Thomas with James Gilmer his Security in the
Sum of $2000 conditioned as the law directs.
Ordered
that William Burbridged, James Gilm…,
Herbert G. Waggener, & Danl Trabue
Gent be, or any three Of them, Commissioners to Contract with some fit Person
or persons to locate and secure the proper Quantity of land allowd
by law to the County for the benefit of a Seminary of lerning
&c and that they Oblige the undertaker to take such part of the land as
they may think fit, for his Trouble and that they report &c
On March 2, 1807, the commissioners of Adair County acknowledged
the 1804 deed from Robert Patton and Ann Gorden Patton to Herbert Green Waggener of
Adair County which was one third of the interest in the parcel of 2000 acres on
Glens Fork of Russell Creek WA36, KE21. He
was assessed tax on himself (a white man over age twenty-one), a white man who
was between sixteen and twenty-one, fourteen slaves, seven horses, 450 acres on
Glens Fork, and another 100 acres of third rate land
on Russell Creek (which was entered in the names of Bank & Roberts) in
Adair County in 1807 AD3. Herbert was permitted $50 in his service as a
Tax Commissioner for Adair County on August 3, 1807: “Ordered that it be
certified to the Auditor Of Public Accounts that
Herbert G. Waggener Esq one of the Commrs Of the Tax
&c in this County for this Year is allowed the Sum of Fifty Dollars for his
Services &c” KE24. On the same date, a
court record indicated that he planned to construct a water grist mill on
Russell Creek KE24:
On
the motion Of Herbert G Waggener, Esq setting forth that he is Proprietor of a
certain tract Of land on Russell’s Creek in this County and that he is
Proprietor [the previous word, “Proprietor” seems to have been written
erroneously] desirous Of creating a water Grist Mill on the Same, and that an
acre of land on the Opposite side of said Creek from his said tract of land May
be laid off and Granted him for an abutment to his dam. It is Ordered that a
writ of Ad Quod damnum Issue &c and It is further Ordered that the Same be executed on the day of
if [a blank space was present between the words “the” and “day”, and
another blank space appeared between the words “of” and “if”] not on the next
fair day and that he report &c
The following year his tax
assessment was slightly altered, as he was assessed on 300 acres on Glens Fork
and fifteen slaves, rather than 450 acres and fourteen slaves; the remainder of
the items remained unchanged since 1807 AD3.
Herbert
G. Waggener was listed as the officiant in the wedding of James Beard and Polly
Selby on January 17, 1809 in Adair County AD2; this may have been the first
time he acted in this role. Three days later, he was a
witness to the sale of Lot Number 58 in Columbia, Adair County from Nathan and Betsy Coffee to John Freeman WA36. On July 4, 1809, he was
assessed tax on his 300 acres on Glens Fork, 100 acres on Russell Creek, and
523 acres of third rate land in Henderson County; the
number of slaves and horses remained unchanged (fifteen and seven,
respectively) AD3. The following year,
in 1810, the amount of acreage on Glens Fork and Russell Creek was the same,
but 528 (not 523) acres were assessed on Lost Creek in Henderson County AD3. He had also acquired one additional slave and two more horses AD3. In 1811, the Adair County tax list did not indicate that he
was not taxed on property in Henderson County, but he retained the original 300
acres on Glens Fork and 100 acres on Russell Creek, and he had seventeen slaves
and nine horses AD3. The next year his
slaves increased by one and his horses decreased by two AD3.
He
borrowed $450 from Jeremiah Ingram in an indenture dated February 17, 1813,
which was to be repaid within one year KE22. To secure this payment, Herbert granted 300 acres to James
Ingram KE22:
Witnesseth
that whereas the said Herbert G Waggoner hath this day Borrowed of Jeremiah
Ingram of said County the Sum of $450 Current money to be repaid in one year
from the date… to secure the payment of
the Same to the said Jeremiah Ingram on the day aforesaid have this day granted…
unto the said James Ingram a trustee for the said Jeremiah Ingram a Certain
tract of Land whereon I now Live Containing 300 Acres adjoining of Capt. John Waggoner & the widow Step Lying in the County of
Adair… and the said James Ingram is hereby vested with full power to execute
the said tract of land to be sold at public auction at any time after the 19th February 1814 by giving notices of the land & place of Sale
at the door of the Court house in Adair County or as much of said tract of land
as may be sufficient to raise the above Sum of $450 Nevertheless if the Sum of
$450 be paid before the day of sale, then this deed to be utterly void…
Herbert and Nancy Waggoner
of Adair County sold a parcel of land which contained 528 ½ acres on Lost Creek
in Union County, Kentucky to William Caldwell for the sum of $1,500 in an
indenture dated August 18, 1813 CO37.
This parcel was bounded by property owned by Reuben Graves, Benjamin Willis,
and Jeremiah Ingram, and the indenture was witnessed by James
Caldwell, and when the indenture was recorded in the Adair County Court
on July 19, 1814, Nancy relinquished her rights of dower to the property CO37. He was to be paid $3 in his service as a judge for Adair
County on November 1, 1813: “The Court proceed to lay the County levy a
Statement of Which is as follows – The County D.r To
H.G. Waggener & Thos.
Wilson Judges & Thomas B. Johnston Clerk of Election in Precinct for this
year $3 each” KE24. In 1813, he was
assessed tax on the original 300 acre Glens Fork
parcel, but on 93 (rather than 100) acres on Russell Creek, and in 1814, he was
taxed on the original Glens Fork parcel, 92 acres on Russell Creek, and an
additional 134 acres on Glens Fork under the name of Calvet
AD3. He owned fifteen slaves and ten horses in 1814 AD3.
Herbert
G. Waggener, Robert Bowman, Jr., and Daniel McClain witnessed the will of Aron Burbridge on May 6, 1814 KE19. On May 23, 1815, Herbert and Nancy sold a parcel of 150 acres
on Glens Fork of Russell Creek to John Waggener for the sum of £500, which was
recorded in the Adair County Court on the same day KE22. In 1815, Herbert was taxed on his original parcel of 300 acres
on Glens Fork and what appeared to be another 260 acres on Glens Fork, unless
the “six” was formed incorrectly, and he had acquired two more horses AD3. The property on Russell Creek was not mentioned AD3.
He purchased a small parcel “containing by estimation three acres
& Seventy
five
poles” on Glens Fork of Russell Creek for $35 from George and Sally Berry on
March 2, 1816; this indenture was acknowledged in the Adair County Court on the
same day KE23. The
amount of land in the second parcel decreased by half to 130 acres by the time
of the 1816 tax assessment, and he was taxed on fifteen slaves and eleven
horses AD3. At a sale of the estate of the deceased John Fletcher in Adair
County on November 16, 1816, it appears that Herbert G. Waggener may have
purchased three sheep KE19.
When
taxed in 1817, Herbert owned the original Glens Fork parcel under the name of
Alexander Dick, but his second Glens Fork parcel had increased to 312 acres and
was listed under the name of Calvet; he also owned
twenty-one slaves and twelve horses AD3. He
was one of three men who appraised the personal estate of the deceased Samuel
Young in Adair County on October 13, 1817 KE19. Herbert
Waggener, Sr. purchased 250 acres on Glens Fork in Adair County from John Field
on January 16, 1818 “for a valuable consideration” KE23. It was bounded by Glens Fork, John Waggener’s property line,
John McAlister’s property line, and a line of Lot Number 3 KE23. This parcel was previously owned by Alexander Waggener, who
had sold it to John Field earlier that same day, and the indenture stated KE23:
in
case the Said John Field should not punctually pay unto Said Alexander
Waggener… the amount then due of the following Bonds or notes this day executed
by Sd. field payable to Said Waggener, to wit, one note for Twelve
hundred & fifty Dollars due the fourth day of December next. The other note
for Twelve hundred and fifty Dollars due the 4th of December Eighteen hundred and nineteen, then and in Such
case of default in payment of either of the notes… the Said Herbert G. Waggener
is to proceed to Sell it at the Courthouse door in Adair County So much of the
land aforesaid as will be sufficient to raise the amount So due… But in case
Said Notes are paid off by sd.
Field to sd. Waggener when due & previous to
any Sale of Said land for the purposes afforesaid
then & in that case this Deed of Conveyance to be void & of no effect…
In 1818, he was assessed tax
on 612 acres on Glens Fork under the name of Alexander Dick, twenty-one slaves,
and twelve horses, which was worth $14,320 AD3. He placed a notice regarding an escaped slave in the Nashville Whig and Tennessee Advertiser
on June 27, 1818 which stated WA27:
RANAWAY or stolen, from the subscriber on the 15th of this
month, a negro boy and horse ; the boy is about 17 years old, tolerably well
grown, named ARON, his mouth is tolerable large, midling
sizeable upper fore teeth, flat nose, long nostrils, his complexion a little
yellowish, he had nothing on but a tow linen shirt, when last seen. The horse
is a yellow bay, little inclined to be white round his mouth and belly, his
mane hangs on the left side, his fore feet broad, & st...at
[uncertain of previous word] across the toe, and bare
footed, he had on a snaffled bit bridle, the leathers a good-deal worn. Any
person taking up said boy and horse and delivering to me shall be entitled to a
reward of $20 if taken within this state, and if out of the state $30, for boy
and horse, and $20 more for convicting and confining the thief, and giving me
notice, or in proportion for either, &c.
HERBERT G. WAGGENER
Columbia,
Adair Co., Ky. June 27, 1818-3t
The
Adair County tax assessment for 1819 indicated that he owned 612.5 acres at $8
per acre, nineteen slaves, and eleven horses, for a total valuation of $10,925 AD3. He was the defendant against John Miller in a civil suit filed
on September 15, 1819 in Adair County regarding a note for £5000 which bore a
date of August 24, 1816 WA35. The
following year, the land was not grouped together. His original 300-acre parcel
on Glens Fork was worth $10 per acre, and the second parcel on Glens Fork of
312.5 acres was worth $6 per acre AD3. He
also had twenty slaves and ten horses, for a total tax valuation of $11,875 AD3. Herbert and Nancy Waggener sold a parcel of land on Russell
Creek containing about 100 acres for the sum of $200 to FF G Herrell on February 28, 1820 AD1:
This
Indenture Made this 28th Day
of February 1820 Between Herbert G Waggener & Nancy Waggener his wife of
the County of Adair & State of Kentucky of the One Part and Ferney FF G Herrell of the County
of Cumberland & State of Kentucky of the Other Part Witnesseth
that for and in Consideration of the sum of Two Hundred Dollars to them in hand
paid the receipt of Which they do hereby acknowledge hath Granted Bargained and
Sold and by these presents do Grant Bargain sell & convey unto the said Herrell his heirs & assigns one certain tract or parcel
of land containing one hundred acres more or less lying & being in the said
County of Adair On Russels Creek and Bounded as
follows Towit Beginning at three Sycamores on the
Bank of Russels Creek thence E 63 [this may be 62]
poles to two White Oaks on the Bank of said Creek thence S 30 W 310 poles
crossing Russels Creek and Glenns
fork to a sugartree and Sycamore thence down Glenns fork binding [uncertain of previous word] thereon to
Samuel Youngs corner two Sugartrees and an Elm thence
S 3 / E 200 Poles to the Beginning to have and to hold the said land &
Premises and Every Part & Parcel thereof unto him the said Ferney F F G Herrell
his heirs & assigns… Whereof the said Waggener & wife have hereunto set
their hands & affixed their seals the day & year first above written
Herbert’s
Adair County tax assessment for 1821 showed that he owned the original Glens
Fork parcel, the other 312 ½ acre parcel on Glens Fork, and a third parcel of
just 3 ½ acres, and the value per acre for all three parcels was $8 AD3. He owned twenty-one slaves and ten horses, and the total
valuation was $11,900 AD3. It
appears that he sold some horses and slaves by the time of the 1822 Adair
County tax assessment, for he was taxed on six horses, seventeen slaves, a
parcel of 303.5 acres at $10 per acre (entered under the name of Dick), and 312
½ acres at $8 per acre (entered under the name of Calvet),
for a total valuation of $12,635 AD3.
This tax assessment also showed that there were two children who were between
four and fourteen living in the home AD3.
James Madison would have been eleven, and Eliza Ann would have been nine years
old. Herbert purchased a parcel of land which contained a bit over 260 acres on
Glens Fork for the sum of $1,598 from the heirs of the deceased Thomas Stapp on
April 12, 1822 AD1:
This
Indenture made and entered into this 12th day
of April in the year 1822 between Elizabeth Stapp, John Miller & Dicy Miller his wife late Dicy
Stapp James Allen and Sally Allen his wife, late Sally Stapp, William McDaniel
Robert Stapp, Willis Stapp, Oathey Wheat and Lucy
Wheat his wife late Lucy Stapp, Sylvanus Gilcress and
Fanny Gilcress his wife, late Fanny Stapp, Ann Stapp
and Sinclair Stapp heirs and representatives of Thomas Stapp deceased of the
County of Adair in the State of Kentucky of the one Part, and Herbert G
Waggener of the Same County and State of the other Part, Witnesseth:
That the said heirs of the said Thomas Stapp deceased, for, and in
consideration of the sum of Fifteen hundred and ninety eight dollars to them in
hand Paid, the receipt of which is hereby acknowledged, have granted,
bargained, and Sold, and by these Presents do grant, bargain sell convey and
confirm unto the said Herbert G Waggener and his heirs and assigns forever a
certain tract or Parcel of land, situate, lying and being in Adair County on
Glens Fork of Russels Creek containing two hundred
and Sixty acres and thirty four poles, and bounded as follows, towit: Beginning at a white walnut, running thence west two
hundred and Seventy four poles five links to a Poplar; thence South one hundred
and eighty five poles & four links to a dogwood and sasofras,
thence east fifty two poles to a gum and dogwood, thence north fifty eight
poles and twelve links to a white Oak, dogwood and gum, thence east fifty eight
Poles three links to a Stake, formerly a hickory now rotten down, thence South
eight east twenty eight Poles to a gum and two dogwoods, thence east ninety
eight poles twelve links to two beeches and dogwood, thence south six degrees
west thirteen Poles & nine links to a Spanish Oak & Sugartrees,
thence east forty three [the previous amount is uncertain, but begins with the
word “forty”] poles to a beech, gum, and dogwood; thence North Six degrees east
[the word after “east” and before “hundred” is illegible] hundred & Sixty
eight Poles & eleven and a half links to the beginning with its
appurtenances… The said Elizabeth Stapp widow of the said Thomas Stapp deceased
hereby relinquishes… all right or claim of dower which she might or could in
any event have to said tract of land It is however clearly understood between the
Parties to this indenture that there is reserved to the said heirs forever one
quarter of an acres of ground Part of the tract hereby conveyed including the
grave yard on that Part of said Tract formaly
occupied by John Stapp, and which is excluded from this conveyance.
Herbert, George Wagley, and Alexander Miller were defendants in a legal
case called “The Bank of the United States, plaintiffs in error v. Herbert G.
Waggener, George Wagley and Alexander Miller” PE30:
The
office of the Bank of the United States at Lexington, Kentucky, in February
1822, held a large amount of notes of the Bank of
Kentucky… On the amount of these notes so held, the Bank of Kentucky had agreed
to pay interest, at the rate of six per centum… All the notes of the Bank of
Kentucky, held by the Bank of the United States, were finally paid with the
interest. In February 1822, when the notes of the Bank of Kentucky were at a
depreciation of between thirty-three and forty per cent, Owens applied to the
office of the Bank of the United States, for a loan of 5000 dollars… the sum of
5000 dollars, in the notes of the Bank of Kentucky, was loaned to him on a
promissory note, signed by him, and by Waggener, Miller and Wagley,
payable in three years with interest, at the rate of six per cent per annum.
The money so loaned was paid to the borrower in the notes of the Bank of
Kentucky, and in a check on that bank; and the interest on that amount of the
notes, being so much of the sum due by the Bank of Kentucky to the Bank of the
United States, ceased from the date of the loan. In an action on the note given
by Owens and others, the defence set up was that the
transaction was usurious, contrary to the charter of the Bank of the United
States, and void. Held, that there was no usury in the transaction.
The
statute of usury [Author’s note: usury is the illegal act of lending money at an interest rate which is excessively
high] of Kentucky of 1798, declares that all bonds, notes, &c., taken for
the loan of money, where “is reserved or taken” a greater rate of interest than
six per cent, shall be void. In this case no interest at all was taken, the
interest being payable at the termination of the three years mentioned in the
note…
The
plaintiffs in error instituted an action against the defendants, and one
William Owens, on a promissory note for 5000 dollars, dated the 7th of February 1822, and payable at the office of the Bank of the
United States at Lexington, Kentucky, on the 7th of February 1825, with interest at the rate of six per centum
per annum… Upon a plea and demurrer in the suit, a division of opinion was
certified by the judges of the circuit court to this court, upon which the
opinion of the court was given.. Afterwards, at May
term 1833, the case having been remanded, judgment was entered against William
Owens for want of a plea, and the other defendants pleaded the general issue ; upon which, the cause was tried by a jury, and a
verdict and judgment, under the direction of the court, were given for the
defendants.
An
indenture dated October 28, 1823 recorded the partition of 2000 acres of land
on Glens Fork between three parties which had been made about sixteen years
previously (which would have been 1807, but the deed was actually
made on October 10, 1804 WA36) AD1:
This
Indenture made this 28th day of October 1823 between Herbert G Waggener of the
County of Adair & State of Kentucky of the first part Alexr
Waggener & John McAlister of the same County & State of the second part
& John Waggener of the Same County & state of the third part Witnesseth that there was entered and Surveyed in the name
of Alexander Dick Two thousand acres of military land on Glenns
Fork of Russells Creek in the County aforesaid &
which two thousand acres of land was patened [sic] in
the name of James Mercer Esqr devised and trusted
under the will of the said Alexander Dick, said tract of land being bounded as followeth, Beginning on the main
West Fork of Glens Creek on Joseph Calverts lower line of his 666 2/3 acres Survey at
two Sugartrees running down the Creek binding thereon
N 10 E 158 poles N 40 E 104 poles N 60 E 40 poles N 10 E 48 poles N 10 W 78
poles N 15 E 38 poles N 25 W 36 poles N 30 W 96 poles N 5 W 50 poles N 25 E 42
poles N 20 W 16 poles N 50 W 36 poles N 75 W 42 poles to a white walnut and two
beech trees on the bank of the Creek thence west 404 poles crossing a branch to
two red oaks thence South 670 poles to a hickory and red oak thence East 420
poles at 147 poles to Calverts corner thence with the
line crossing a large branch to the beginning that the said tract of
land by will of the said Alexander Dick became the property of Mary Taliaferro
afterwards Mary Payton Charles C Taliaferro & John Fenton Mercer as divisees under the said will and the said Mary Payton, Charles
C Taliaferro & John Fenton Mercer by Deed Conveyed the said tract of land
to Robert Patton & Richard S Hackley of Fredericksburgh
Virginia & Major John Lee of the State of Kentucky and the said Robert
Patton & wife by deed conveyed her undivided interest in said tract of land
to Herbert Green Waggener aforesaid of the first part in this Indenture and the
said Richd
S Hackley conveyed his undivided interest in said tract of land to Robert
Stewart by Deed & the said Stewart in like manner conveyed his undivided
interest in said tract of land to the said Alexander Waggener & John
McAlister of the second part in this Indenture and the remaining third part
undivided of said tract of land has been conveyed by Deed from Andrew F Price
& Mary his wife, Samuel M Wallace & Matilda A Wallace his wife John
Crittenden & Sally C Crittenden his wife (the said Mary, Matilda &
Sally being heirs at law & divises of the said
Major John Lee deceased) to the said John Waggener of the third part in this
Indenture that a division of said tract of 2000 acres into 3 parts took place
about 16 years ago between the three part owners in said tract of land and an
allotment of a distinct & Separate part of said 2000 acres to each of said
part owners as their separate proportion of said tract, which division of
allotment was made by the Commissioners appointd by
the County Court of Adair County for the conveyance & division of lands,
and conveyances were made to the said part owners of said tract of land by the
said Commissioners…
The
part allotted to the said Herbert G Waggener as his portion of said 2000 acres
of land is bounded as follows to wit, Beginning at two rotten down sugartrees on the main West fork of Glenns
fork of Russells Creek the South East corner of the
aforesaid 2000 acres Survey thence down the creek with the meanders thereof N
10 E 155 poles to a beech white oak & dogwood on the bank of the Creek
thence N 80 W 192 poles to two beeches On [the previous word resembles “On”,
but this word does not fit] white oak thence South 81 W 10 poles running thro.o [the previous word was illegible] a spring to two
beeches thence S 79½ W 206 poles to a
stake & pointers thence West 46 poles to a stake and pointers in the west
line of the Original Survey thence S 147 poles to a hickory & red red [sic] oak thence East 420 poles to the beginning…
That
the said Commissioners for the conveyance & division of land made deeds of
Partition and conveyance to the persons entitled to the different parts which
Deeds of conveyance & partition owing to the lapse of time and change of
owners to said land cannot now be found except one of said Deed to the said
Herbert G. Waggener which is duly recorded in the County Court clerks office of Adair County and the said division &
allotment of said land has been [the following word resembles the word
“acquiesced”, but is unclear] in & confirmed to by the owners of the
different parts so divided & allotted, by the said Commissioners and the
said owners of the said land have each taken possession of their respective
part according to said division and allotment that is to say the said Herbert G
Waggener claiming under the deed of conveyance aforesaid from said Patton &
wife has taken possession of & been long in the use and enjoyment of the
part before described as allotted & laid out to him and is content with
& has received the same as his third part of said 2000 acres of land…
I
William Caldwell clerk of the County Court for the said County do certify that
on the 5th day of January 1824, the above named Herbert
G Waggener, Alexander Waggener John McAlister, and John Waggener parties to the
foregoing Indenture of bargain and sale personally appeared before me in my
office and acknowledged the said Indenture…
Herbert
was the involved in a civil suit case against Asa and
Williamson Pittman which was filed on November 27, 1826 in Adair County WA35. This case referred to an incident which transpired in 1821,
when he was the Adair County Sheriff; Asa and Williamson Pittman alleged that
money collected by his Deputy Sheriff (Robert Powell) in the judgment of an
unrelated case was not accounted for WA35. He
purchased fifty acres on Glens Fork from John and Dicy
Miller in December 1823 AD1:
This
Indenture of bargain and sale, made and entered into this 1 [uncertain of this
number] day of December one thousand eight hundred and twenty three by and
between John Miller & Dicy his wife of the County
of Adair & State of Kentucky of the one Part and Herbert G Waggener of the
same County and State aforesaid of the other Part Witnesseth
that the said Miller & Dacy his wife for and in
consideration of the sum of [the exact amount is much too faded to decipher]
hundred dollars to him in hand paid the receipt whereof is hereby acknowledged
have granted bargained, and soled and by these presents do grant bargain sell
convey and confirm unto the said Herbert G Waggener and his heirs and assigns
forever a certain tract or parcel of land situated lying and being in the
County and State aforesaid on the waters of Glenn fork a branch of Russels Creek, a branch of Green River containing Fifty
acres It being a part of Thomas Stapps decd
old survey [the previous word is uncertain because it was written in a cramped
script at the edge of the page] and bounded as follows (towit)
Beginning at a Dogwood and beech thence East 76 poles to two Beeches &
dogwood thence S 6° West 76 [possibly 96] poles to a [at this point a symbol
seems to indicate that an additional line written above should be inserted
here] a beech and Sugartree thence West 8 poles to a hickory and dogwood thence
north 93 poles to the Beginning with its appurtenances to have and to hold the
said tract or parcel of land with its appurtenances unto the said Herbert G
Waggener his heirs & assigns forever to his and them only…
An
act “for the benefit of Herbert G. Waggener late Sheriff of Adair
county” was approved on December 3, 1823 and was spelled out in the Acts Passed at the First Session of the
Thirty-Second General Assembly for the Commonwealth of Kentucky AD4:
WHEREAS,
it is represented to this General Assembly, that Herbert G. Waggener late
sheriff of Adair county, failed to return his delinquent list for revenue of
1821, collectable in 1822, to the Auditor in the time prescribed by law
amounting to thirty three dollars, fifty nine cents, although the same had been
presented to, examined and allowed by the county court of Adair, and the
Auditor refused to allow said sheriff a credit therefor, and that the sheriff
was compelled to pay the aforesaid amount into the public Treasury : Therefore,
Be it enacted by the General Assembly of
the Commonwealth of Kentucky, That the Auditor of public accounts be, and the
same is hereby directed to issue a warrant on the Treasurer in favor of said
Herbert G. Waggener, for the sum of thirty-three dollars fifty-nine cents to be
paid out of any money in the Treasury not otherwise appropriated.
On
December 6, 1823, he sold his parcel of 300 acres on Glens Fork to John Miller,
and he sold another parcel of 147.5 acres on Glens Fork to Martin Loy for $1180
AD1. The transcriptions of both sales have been provided below AD1:
This
Indenture made this 6th day
of December 1823 Between Herbert G Waggener of the one part & John Miller
of the other part both of Adair County Kentucky witnesseth
[the previous word is uncertain because it is faded] that… the said Herbert G
Waggener hath bargained & sold and by these presents do sell and convey
unto the said John Miller his heirs & assigns a certain tract or parcel of
land situate lying and being in the said county on Glens fork of Russels Creek and being the same tract on which the said
Herbert G Waggener now resides containing three hundred acres & bounded as
follows (Viz) Beginning at two rotten down sugartrees
on the main west fork of Glens fork of Russels Creek
the south east corner of 2000 acres patented in the name of Alexand
[sic] Dick and of which the said 300
Acres is Part, thence down the Creek with the meanders thereof N 10° E 155
poles to a beech white oak and dogwood on the Bank of the Creek thence West 438
poles to a beech and rock marked nC [the previous two
letters are uncertain], thence S 110 poles to a hickory and read oak thence E
420 poles to the Beginning to have and to hold the said 300 acres of land with
its appurtenances to the said Miller his heirs & assigns forever to his and
their only proper use benefit and behoof and the said Waggener agrees to
warrant the said land and appurtenances against the claim of all persons
whatever to the said Miller his heirs & assigns, provided however and it
the true intent and meaning of the Parties to this Indenture that if Alexander
Waggener the said Herbert G Waggener William Owens & Alexander Miller shall
well and truly pay unto Robert Stewart his agent… the amount of a Judgment
reserved against them in Replevin Court taken in Execution from the Office of
the Clerk of the Federal court for the Kentucky District for $ 832,,92 Interest
[the preceding word is uncertain] the 27 day of August 1821... [the next two
words are uncertain because they are faded and have been omitted in this
transcription] the Costs, and shall [the next word may state “secure”] John
Miller from all [uncertain word] damages and costs which may accur on amy event whatever in
consequence of the said John Millers tract of 250 acres of land on the said Glenns fork whereon he now lives being bound by mortgage
for the payment of the said debt[.] The said parties have agreed that the said
Alexander Waggener [the following one or two words are unclear] to the said
John Miller the said 250 acres of land and that the said Herbert G Waggener is
legally bound for the whole debt and has assured to pay for the said Alexander
Waggener who was originally bound to pay the said debt to the said Stewart a
considerable part of the said Judgment. The said Waggener also acknowledges by
these presents the receipt one dollar as an additional consideration for this
conveyance
This
indenture made and enterd [sic] in into this sixth day of December 1823 between Herbert G
Waggener Ser of the County of Adair and State of Kentucky of the one part
and Martin Loy of the other part Witnesseth that the
said Waggener for and in consideration of the sum of Eleven hundred and eighty
dollars to him in hand paid the receipt wherof is
hereby acknowleged [sic] have granted bargained and sold and by these presents do
bargain sell and convey unto the said Martin Loy his heirs and assigns forever
a certain tract or parcel of land lying and being in the County of Adair on the
waters of Glens fork a branch of Russels Creek and
bounded as follows (to wit) Beginning in the middle of said branch thence with
James Allens line S 6° W 144 Poles to a black gum and
dogwood Saplings thence west 42 poles to a sugartree
and black gum thence south S 6° W 83 poles to a beach broke down on a sugartree thence West 85 poles to a hickory and dogwood
thence N 1° E 94 poles to a dogwood and Beach thence West 4 poles to a black
gum thence N 10° W 29 poles to a stake corner of to William Waggener thence N ¼
° W 70 poles to a beach and dogwood on the bank of the aforesaid branch thence
down the branch with the middle of the stream S 84½° E 44 poles N°72 E 6 poles
S 82½° E 34 poles N 10° W 14 poles N 71 E 13 poles S 55° E 14 poles S 87° E 19
poles N 62° E 21 poles N 42° E 18 poles N 52 E 7½ poles to the beginning
containing by survey one hundred and forty seven and a half acres and twenty
seven poles to have and to hold the said tract or parcel of land with all and
singular the its appurtenances unto the said Martin Loy his heirs and assigns
forever to his and theirs only proper use benefit and behoofs and the said
Waggener for himself and his heirs do covenant aggree
[sic] to and with the said Martain [sic] Loy
and his heirs that they will warrant and defend the Said tract of land from and
against the claim or claims of all and every person persons whatever
In
1823, he was assessed tax on his original parcel of 300 acres on Glens Fork,
worth $10 per acre, and another 812.5 acres “apart [from] headright” on Glens
Fork, worth $5 per acre AD3. He
had sold several slaves and horses, as he then owned
eight slaves and four horses, for a total valuation of $7262.50 AD3. In 1824, he was taxed on the original parcel of 300 acres at
Glens Fork entered under the name of A. Dick, still worth $10 per acre, and 162
acres on Glens Fork entered under the name of J. Cavert,
worth $5 per acre, as well as nine slaves and two horses, for a total value of
$7220 AD3. Herbert sold a parcel of 477 (or 427) acres on Glens Fork on
September 6, 1826 to Anthony Garnett for the sum of $2590.27 and 10,361 pounds
of tobacco AD1:
This
Indenture made this 6th day
of September 1826 Between Herbert G Waggener senr of
the County of Adair and State of Kentucky of the one part and Anthony Garnett
of the County of Cumberland and State aforesaid of the other part witnesseth that the said Herbert G Waggener for and In
consideration of the sum of Twenty five hundred and ninety dollars twenty seven
cents & ten thousand 361 pounds of Tobacco to him in hand paid the receipt
whereof he doth hereby acknowledge hath granted bargained & sold and by
these presents doth sell and convey unto the said Anthony Garrett his heirs and
[the expected word “assigns” was absent here] forever a certain tract or parcel
situate lying and being in the said County of Adair on Glenn’s fork of Russells Creek, being Part of two Military surveys, the one
in the name of Alexander Dick the other in the name of J Colert
[the previous surname is unclear because it was written in a very small and
cramped script at the edge of the page, but it likely was meant to read “Colvett”] and Part of a headright in the name of Benjamin Slapp [this surname should probably be “Stapp”, but it read
“Slapp”] the said tract hereby conveyed containing by
Survey lately made Four hundred and Seventy [this could read “Twenty”; the word
is very faded] Seven acres and bounded as follows (Towit)
Beginning at a Stake in the middle of the branch of said fork corner to Martin
Loy and James Allen thence down said branch with the meanders thereof N 85 E 18
Poles N 51½° E 30 Poles east 142 Poles to where two Sugartrees
corner to Dick and Colvett formerly Stood in the
forks of the Creek (at 3) formerly stood thence down the Creek with the
meanders thereof N 10 E 75 Poles N 65 E 15 Poles N 1° E 342 [the previous
number is unclear] Poles to a large beech corner to John Waggener, thence with
Said John Waggener’s line W 455 [this number and the scribbled letter after if
were also cramped and written on the right edge of the page] to a beech and
rock marked W in Dicks old line, thence with said old line South 1° E 120 Poles
to a maple and blazed dogwood, where a hickory and red oak formerly stood on
original corner of Dicks, the maple marked [the following word is illegible]
with Dick’s old line East 113 Poles to a fallen down [the following word is
somewhat illegible, but may read “plopular”, or
“poplar”] corner, a hickory chestnut & dogwood pointers, thence with
Benjamin Bells line South 180 [this number is unclear] Poles to a sassafras and
dogwood thence East 51 Poles to a black gum and dogwood thence N 57 Poles to a
white oak thence with William Waggener’s line N 84 E 57 Poles to a Stake corner
to Said Wm Waggener, thence with Martin Loy’s line N ¼° W 7 [the previous
number is probably incorrect as it was written at the edge of the right side of
the paper and may have not been the entire number] Poles to a beech and dogwood
thence with said Loy’s… [the following word may have stated “line”] down the
middle of the Stream of Said branch S 84 E 44 Poles N 72° E 6 Poles… [a series of
directions follows] to the Beginning To have and to hold the Said tract of land
with its appurtenances unto the Said Anthony Garnett his heirs and assigns
forever to his and their only proper use benefit and behoof and the said
Herbert G. Waggener for himself his heirs Executors and Administrators further
covenant and agree to and will the said Anthony Garnett his heirs and assigns
that the said tract of land with its appurtenances he will warrant and forever
defend against the claims of all persons whatsoever provided however and it is
the true intent and meaning of all parties to this Indenture that the said
Waggener reserves one quarter of an acre of land on Joseph Colvetts
tract aforesaid including a grave yard and also excludes from this conveyance and
reserves one quarter of an acre including three small grave yards at the tract
held under Alex Dick that is one quarter of an acre to be divided between the
said three grave yards and the parties agree that the said Waggener is to have
the priveleage [sic]
of pailing or in any manner enclosing the said grave
yards at any time he may think proper
I
William Caldwell Clerk of the County Court for the County aforesaid
do certify that on the 6th day
of September 1826 Herbert G Waggener personally appeared before me in my office
and acknowledged the written Indenture to be his act and deed and that I have
recorded the same…
On
February 8, 1827, a company called “Wagley, Caldwell
& Patteson” agreed to loan Herbert $283.64 to
cover his debts to various individuals AD1.
Herbert also had another debt of $384.08 with Wagley,
Caldwell & Patteson, for a total owed to the
company of $667.72, and for this he agreed to permit the company to use a slave
whose name was Randal until Herbert had completely paid his debt AD1. Further, Herbert’s current tobacco crop was to be used as
collateral AD1:
An
agreement entered into this 8th day February 1827 between Herbert G Waggener Sr of the one part
and Wagley Caldwell & Patteson
of the other part. Witnesseth that the said Waggener
agrees to pay to the said Wagley Caldwell & Potteson [sic]
the sum of Two hundred and Eighty three dollars 64 cents in notes on the Bank
of the Commonwealth being the amount of Several Sums paid by them at the
request of Said Waggener for H G Waggener Sr (Towit)
$70.66 his … [the previous word is illegible, but resembled “spear”] account
with said Wagley & Co $60 paid James Frazer [the
previous surname is unclear] $68.09 paid W Caldwell his Execution [the previous
word should probably state “Executor”] & $80.49 paid F Hurt amount his
executor and the said Waggener Ser for himself is further Indebted to the said Wagley Caldwell & Patteson on
the settlement of their account in the sum of Three hundred & Eighty four
dollars and 8 ct in Comonwealth
Bank notes as per are [the previous three words are questionable] current will
further explain and the said Herbert Senior being willing to secure the said Wagley & Co in the payment of the said sums amounting
in all to six hundred and sixty seven Dollars 72 cents agree to place and has
put & Placed in there possession a certain negro
man named Randal on the 1st day
of Dec last from which time the Interest on the Debts of H G Waggener Sr was stoped [sic] and
the said H G Waggener Sr agrees that the said Slave shall remain the possion [sic] and
use of the said Wagley & Co until the above named
Sums are paid clear of any hire and the said H G Waggener Sen agrees to let the
said Wagley & Co have his present crop of Tobacco
in discharge of the said and when the said Debts are paid the said Wagley & Co are to give up all claim on Said Slave It
is further agreed that if the parties should not agree on the price of the
Tobacco that H G Waggener Sen has the privilege of selling the same to other
persons or freighting same with said Wagley & Co
or others at his pleasure…
After
the death of Nancy, Herbert Green Waggener married Elenor
Best on July 26, 1827 in a ceremony officiated by Warren Cash HA35 (the Waggener family Bible records stated that Herbert married
Eleanor Best on July 27, 1827 NA4). A
gravestone at Red Mills Cemetery in Hardin County, Kentucky with the name “Elenor Waggener” indicated that she was born on May 8,
1786. With Eleanor, Herbert was the father of Nancy and Samuel NA4. Nancy Elizabeth Ray Willis
Waggener was born on March 5, 1829, and she married John J. Jeffries on
September 17, 1850 NA4. Samuel Waggener was born on August 8,
1831 NA4. A gravestone for Samuel Waggener located in Red Mills Cemetery
in Hardin County, Kentucky may belong to him; the inscription indicated that he
was born in 1831 and died in 1862. Photographs of the gravestones for Elenor and Samuel Waggener can be found on the Find a Grave website.
Herbert
Green Waggener, Sr. was one of four visiting pastors to the fledgling Columbia
Baptist church which formed in 1827; the others included John Steele, William Burbridge, and Larkin Craig YO19. He mortgaged some personal property
to Anthony Davis on November 19, 1827 as security for three bonds HA33:
This Indenture made
this 19th day of November 1827 between Herbert G
Waggener of the one part and Anthony Davis of the other Part the former of the
county of Hardin the latter of the county Adair Kentucky Witnesseth
That for an in consideration of the Sum of One thousand Dollars to him paid the
said Herbert hereby acknowledging the Rec.t of the same hath
bargained Sold and delivered Over to him the Said Anthony the following
articles of Property (Towit) One waggon
one yokeSteers three beds One bedStead
One Sattie Eight Chairs three horses two Mattox four
hoes two broad axes three narrow axes One kettle two pots Cupboard &
furniture one Desk & book Case One Trunk Two ploughs four cows and four
calves One old work Steer One dining table One log chain three pair plough
chains one Saddle and bridle One Set laithe Irons and
Turning Tools consisting of Ple..i
[the previous word was illegible, but may have stated “Plain”] chisels & To
Have and To hold to his own use and benefit & the said Herbert warrants and
defends the Title of said property to him said Anthony forever Subject However
to the following conditions – Whereas Said Anthony Stands bound as Security for
Said Herbert in three different bonds Towit, one in favour of George Young for forty four Dollars One in favour of Clayton Hiller [the previous surname is
uncertain] for thirty nine dollars the other a bond of injunction in the case
between John Miller AS Patterson [the previous name is uncertain] & Said
Herbert for the Sum of Eight hundred and Eighty four dollars now Should he sd Herbert fail to discharge all and each of Said bonds
Interest and costs which may accrue thereon without molestation to the said
Anthony then this mortgage to be null & void Otherwise to remain in full
virtue
I Samuel Haycraft clerk of the Hardin county
court in the State of Kentucky do hereby certify that on the 17th day of January 1828 Herbert G. Waggoner
personally appeared before me in my office and acknowledged the forgoing
mortgage to Anthony Davis as and for his act and deed…
Herbert
G. Waggoner was listed in the Hardin County, Kentucky tax book for 1828 HA36. Hardin County is northwest of Adair County. He did not own
land in Hardin County at that time, but he was assessed on eleven slaves and
four horses, for a total value of $2720 HA36.
The following year, he was assessed tax on two parcels of third-rate land on
Nolin River in Hardin County which were thirty acres and ten acres, as well as
on one slave and four horses HA36. In
1830, he was taxed on his two parcels of thirty and ten acres, which had a
value per acre of $20 and $3, respectively, as well as on nine slaves and three
horses; the total value appeared to state $2456 HA36.
He
resided in Hardin County, Kentucky at the time of the 1830 US Census, with one girl
and one boy under five, one girl of five but younger than ten, one girl and one
boy of ten but younger than fifteen, one young man of fifteen but younger than
twenty, one woman of forty but younger than fifty, and himself, who was of
sixty by younger than seventy. Herbert mortgaged much of the same property as
he had before (in November 1827 to Anthony Davis), but this time to H.G.
Wintersmith on October 7, 1831 HA34:
This Indenture made
and entered into this seventh day of October in the year of our Lord one
thousand Eight hundred and thirty one Between H G Waggoner of the one part and
H G Wintersmith of the other part both of Hardin County & state of Kentucky
Whereas the said H G Wintersmith hath this day entered the security for the
said Waggoner in a note this day executed to John Miller for one hundred &
sixty dollars Due twelve month after date and the said H G Waggoner wishing to
secure the said HG Wintersmith & save him harmless the said Security ship
hath made & executed this Indenture or mortgage Now This Indenture Witnesseth that
that [sic] the said H G Waggoner for
and in consideration of the promises aforesaid and of the sum of one cent to
him in hand paid the receipt of which is ackn.d hath
this day sold conveyed & confirmed and by these presents do sell and convey
unto the said H G Wintersmith his heirs &c. the following property towit 1 Waggon & Bed 1 yoke
steers 1 Bed & furniture & Bed stead 8 Chairs 2 mattocks 3 hoes 2 Broad
Axes 1 Kettle 2 pots 1 Desk 2 ploughs 1 Cow and yearling 1 log chain 1 dining
table 1 set turning tools, To Have and to hold the said property to the said H
G Wintersmith his heirs &c. from the the [sic] claim or claims of all and every
person or persons whatsoever upon this condition however that if the said H G
Waggoner shall well and truly save harmless and indemnify the said H G
Wintersmith in his said security ship, then this Indenture to become null &
void and the property hereby conveyed to revert back & become vested in the
said H G Waggoner
I Samuel Haycraft clerk of the Hardin County Court in the State of
Kentucky do certify that on the 7th day of October 1831
Herbert G. Waggoner personally appeared before me in my office and acknowledged
the foregoing mortgage to H G Wintersmith as and for his act and deed and
lodged the same for record
In 1833, Herbert was assessed tax on forty
acres on Nolin River in Hardin County at $20 per acre, ten slaves, three
horses, and a notation indicated that “2 Blacks [were] hired out” HA36. He may have been the H.G. Waggoner who on May 17, 1833 was
selected to act as a Moderator for the Baptist
organization called the Green River Association, but this may have been his son
who shared his name SP5.
A
letter written by Richard Waggener to Colonel Thompson Crenshaw of Barren
County, Kentucky (who was his brother-in-law) on April 27, 1833 stated that he
had recently visited Mill’s Point on the Mississippi River where he chanced
meeting “Old Uncle Herbert Waggener, who is very much broken and now looks more
like father than ever” HI12. He
married Joshua F. Doney and Angeline Hilton in June
1834 HA35. Herbert Green Waggener died on July 29, 1834 NA4 or sometime before October 18, 1834 SP4; according to the second annual meeting of the Kentucky Baptist
convention, his death was caused by cholera SP4.
His second wife, Eleanor, died on August 23, 1849 NA4.
·
1830
US Census: lived in Hardin County, Kentucky.
Nancy Willis (William) was called the daughter of
William Willis in a deed dated December 8, 1808 CO35. Nancy was the mother of Elizabeth, Frances, Alexander, William
Willis, Herbert Green, Willis, Burgess, Peachy, Albert Galaton,
John Calvin, Simeon, Nancy, James Madison, and Eliza Ann Waggener NA4. Elizabeth Waggener
was born on March 13, 1788 and died on September 17, 1791 NA4. Frances Waggener
was born on September 11, 1789 NA4.
Fanny Waggener, the daughter of Herbert, married Alexander Miller in Adair
County, Kentucky on September 3, 1806 KE18. Alexander Waggener was born on December
24, 1790 NA4 or on December 24, 1791 in Culpeper County, Virginia TR6. He married Cassandra Smith, the daughter of William, on March
10, 1814 in Columbia, Adair County, Kentucky in a ceremony officiated by
Herbert G. Waggener KE18, TR6. Alexander
died on April 3, 1861 TR6.
William Willis Waggener was
born on September 26, 1792 NA4.
William Waggener married Maria Garnett, the daughter of Oliver, in Adair
County, Kentucky on March 5, 1812 KE18, NA4. A
handwritten record stated that H.G. Waggener performed the marriage ceremony
for William Waggener and “Mina” Garnett on March 6, 1812 KE18. Herbert Green Waggener
was born on April 11, 1794 NA4. Herbert
Wagoner married Elizabeth Carlile on November 17,
1811 BE9; the marriage license was obtained on November 14, 1811 in
Green County, Kentucky GR8. Willis Waggener was born on April 19,
1796 and died at age twenty-one in September 1817 NA4. Burgess Waggener
was born on February 25, 1798 NA4. Peachy Waggener was born on July 14,
1799 NA4. Peachy Waggener, the daughter of Herbert G. Waggener, married
Anthony Davis in Adair County, Kentucky on December 22, 1817 KE18. Albert Galaton Waggener was born on August 14, 1801 NA4.
John Calvin Waggener was
born on July 8, 1803 NA4. “Jno.
C. Waggoner” obtained a license and a marriage bond to marry Matilda Willis on
February 24, 1824 in Boone County, Kentucky, and they were married the
following day BO29. Andrew Bradden married John C. Waggoner of Clark County, Missouri
and Elizabeth Ann Kidwell of Lewis County, Missouri on September 29, 1840; the
marriage was recorded in Lewis County LE12. He married Mrs. Paulina Nawmon in Lewis County,
Missouri on May 24, 1866 LE12. Simeon
Waggener was born on January 31, 1806 NA4. Simeon Waggener, the son of Herbert, married Elizabeth Loy,
the daughter of Martin, in Adair County, Kentucky on February 3, 1825 KE18, NA4. Nancy
Waggener was born on June 22, 1808 and died on August 20, 1809 NA4.
James Madison Waggener was
born on December 23, 1810 NA4.
James married Gilliad Caroline Shepherd on October
28, 1830 NA4. The Hardin County, Kentucky Marriage Register recorded that H.G. Waggoner, the father of James
M. Waggoner, gave his consent by a written certificate, and Amelia Shepherd,
the mother of Gilly Shepherd, gave her consent in person to the marriage of
James and Gilly HA35. Herbert was again
the officiant, as he wrote in the register “The rites of Matrimony celebrabrated [sic]
between the above named parties on the 28th day of October 1831 by me H G Waggoner” HA35. Gillead died on April 11, 1863, and
after her death, James M. Waggener married Catharine Jane McPheters (or McPheeters LE12) on
April 2, 1865 NA4, LE12;
the ceremony was officiated by John C. Waggener,
Justice of the Peace, in Lewis County, Missouri LE12. James
died at age ninety-three on December 22, 1903 NA4. Eliza Ann Waggener
was born on January 29, 1813 NA4.
Herbert united his daughter, Eliza Ann Waggoner, in marriage to Walter D.
Briscoe on November 26, 1829 in Hardin County, Kentucky; the marriage register
stated “The rites of Matrimony celebrated between the above named parites on the 26th day
of November 1829 by me H.G. Waggener” HA35.
Nancy
Waggener, the wife of Herbert Green Waggener, died on September 6, 1822 NA4.
