Seventh Generation

56. JACOB GABBARD^1,6,18,19 was born about 1762 in Burke County, North Carolina.^17,20 He died in 1854 at the age of 92 in Madison County, Kentucky.^17,20

No marriage record found, but likely took place 1785-1786. Probably married in Washington County [later Carter Co], TN.

There seem to be no land records for Jacob Gabbard in North Carolina, Tennessee, or in Virginia. His first record is in Burke Co NC when he joined the local Militia.

Has Revolutionary pension file #S-30431. Born about 1760 in Rowan/Lincoln Co, North Carolina. [Actually he was born in the Shenandoah Valley in VA but came to NC as a small child] Enlisted for 18 months, June 1780 from Burke Co NC. He mentioned a rendezvous at his grandfather's Michael Grindstaff. Unfortunately Jacob became ill with small pox and did not leave with his unit to join Gen. Greene's forces in SC. When he was well he served under Capt John Bickerstaff fighting Tories in Burke & Lincoln Counties. He then joined a regt commanded by Col. Benjamin Cleveland and marched agains the Tories in Wilkes & Surrey Counties. He did eventually march south to join General Greene; between Salisbury & Camden there was a skirmish in which he was impaled through the thigh by a pine rail fence during a charge. He was confined to a military hospital in Camden for 6 or 7 months at which time he witnessed the death of Adam Grindstaff, likely a cousin. After his recovery, he served as a guard under Capt Brevard at Camden until his tour was up. Upon returning to Burke Co he was again drafted and served for six months fighting the Indians.
Jacob applied for his pension in Clay Co KY in 1834 when he declared his age as 74. There were several difficulties with his testimony which required further examination and it was not until 14 Oct 1835 that a Certificate of Pension was issued but it was retroactive to 4 of March 1835. In 1853, he requested an increase; he died soon after.

Jacob is believed to have moved over the mountains to Washington Co TN about 1783, perhaps with members of the Grindstaff family. He married Margaret Smith, daughter of Edward Smith about 1785, probably near the forks of the Watauga & Elk Rivers and Roan and Doe Creeks. This is on the line of present day Carter & Johnson Counties. Edward Smith owned inns on the main road between North Carolina and the Watauga county, first in NC and then after 1783 in Tennessee. Edward Smith bought 640 acres on Iron Mountain that also bordered Jacob's brother George's NC grant. The family of Cornelius Bowman was in the same neighborhood and his son John married Margaret Smith's sister Sarah, at about this same time.
The book TENNESSE SMITHOLOGY stated instead that Margaret Smith had married a George Gabbert in Washington Co TN on 27 Dec 1787 - there is no source citation. There was a George living next to Edward Smith in Washington Co. Jacob's brother George did indeed marry a Catherine Smith on 27 Dec 1787; her parentage not identified. Edward Smith did have a daughter Catherine who was identified in Edward's will in 1807 as Catherine Peevyhouse.

In 1793 Jacob enrolled for three months in a Sullivan Co TN militia unit. By 1796 and 1797, Jacob was living just across the state line in Washington Co, Virginia where most of Gabbards lived for awhile.
Jacob Gabbard was on the 1798 tax list back in Carter Co TN ("Early TN Tax Records" by Creekmore).
From 1803 to 1806, Jacob was back in Washington Co Virginia.
By 1808, Jacob and family had moved to Lincoln Co KY. He is enumerated in the 1810 census of Lincoln Co KY and appears in 1815 on the Clay Co KY tax list. He is in the 1820 Clay Co Census. In 1840 Jacob Gabbard is in the Laurel Co Census. In 1850 he is living with his grandson John Wesley Gabbard in Madison Co.

Jacob and his brother Henry [or half-brother] moved to Clay Co KY [area that would become Owsley in 1842] about the same time - they were both on a tax list for the first time in 1815. Henry settled on Indian Creek, a tributary of the South Fork, and his descendants tended to remain on that side of the county or drift into Breathitt Co. Jacob seems to have settled first on the waters of the South Fork near Henry. However, Jacob Jr and other descendants settled on Sturgeon Creek on the other side of the county. Jacob Sr and his son Edward moved to Jackson Co near the border of Owsley where Jacob Jr lived.

1810 Census. Lincoln Co KY
Jacob Gabbard, 2m -10,1m 10-16, 2m 16-26, 1m 26-45, 1m +45; 1f under 10, 1f 10-16, 1f 26-45.

15 Dec 1814. Jacob signed marriage bond for daughter Hannah to marry Elijah Bowman, Clay Co, KY
Gabbard-Gabbert Family Newsletter, Vol. 10, No. 2, Summer 2000, p. 14

17 Apr 1817. Land dispute, Clay Co: Archibald Murphy order of ejectment to get Cornelius Bowman, his son Jacob Bowman, Elisha Bowman, and Jacob Gabbard, off his land. Depositions were taken at Richmond, Sep & Oct of 1818. Cornelius Bowman and others won their suit.
Gabbard-Gabbert Family Newsletter, Vol. 10, No. 2, Summer 2000, p. 14

1820 Census, Clay Co KY
Jacob Gabbard: 1m 10-16, 1m 16-18, 1m 16-26 [probably same lad], 1m over age 45.
1f under 10 (Elizabeth), 1f 16-26 (Sallie), 1f over 45

Survey, Clay Co KY, 22 Mar 1826. The plat shows a very irregular tract both sides of Bowman's fork, near where it enters Rock House fork of Sturgeon and including the Big Branch where it enters Bowman's fork.
Surveyed for Edward Gabbard, 100 acres on two KY land office Warrants:
#12194 assigned by Spencer Daniel to C. White, by him to A. Baker, by him to Jacob Gabbard, and by him to Edward Gabbard
#13583 assigned by Francis Clark to Abner Baker & by him to said Edward Gabbard
In Clay Co on Bowman's fork of the Rockhouse fork of Sturgeon. Begin west bank of the big Branch, waters of sd Bowman's ford; line of a 100 acre survey for Elias Gum, crossing Bowman's fork; bank of Rockhouse fork at the mouth of Bowman's; running thence Rockhouse fork, crossing Rockhouse fork. Signed: Andw. Bradley, SCC
Reuben Gabbard, Jacob Gabbard Sen, sworn chain carriers. Edward Gabbard, markers
On back: Edward Gabbards plat & Cert of Survey 100 acres. Recorded Book B, p.285, 16 Aug 1826. Grant 17 Jul 1827.

Clay Co Records:
1825 Jacob Gabbard said to have been present at the death of Sam Wood at Indian Creek
1826, Appointed to survey road on Sturgeon Creek, Clay Co Court orders, p.188
1827, Jacob sold his Indian Creek lands & moved to "Traveler's Rest".
1830, Jacob Gabbard was appointed Road Surveyor in the Sturgeon Crk area.

Jacob is said to have received KY Land Warrants in Clay Co on Roadhouse Fork & sturgeon Creek, 50 acres in 1826 and 50 acres in 1828. Henry, Michael, & Edward Gabbert also received KY Land Warrants in Clay Co. It's difficult to determine which land grants belong to Jacob Sr or Jr.
Gabbard-Gabbert Family Newsletter, Vol. 10, No. 2, Summer 2000, p. 15

19 Feb 1824. Receipt to Wm. J. Baker for $5, the state price on 50 acres of land. Warrant issued #12818. Endorsed on back to Jacob Gabbard for value received. Signed: William J. Baker.
22 Mar 1826. Surveyed for Jacob Gabbard, assignee of William J. Baker, 50 acres on Warrant #12818. Clay County on the Rockhouse fork of Sturgeon Creek. All metes and bounds - one long side of the plat was Rockhouse Fork. Sworn Chain Carriers were Thomas Phillips and Samuel Maden, Jacob Gabbard placed the markers.
Grant dated 17 Feb 1827 for this survey. Grant Bk T, p.247

But this one seems to have been for Jacob Jr.
2 May 1827. Receipt to Abram Gum from the State of Kentucky, Auditor's Office in Frankfort, for $2.20, the state price on fifty acres of land. Endorsed on back to Jacob Gabbard, signed: Abrahm (X) Gum. Warrant entered for Jacob Gabbard.
Surveyed 8 Apr 1828 for Jacob Gabbard, JR, Assignee of Abraham Gum, Warrant #16850. In Clay County on Sturgeon waters of the Kentucky River. Begin corner to 50 acres survey made for sd Gabbard....metes and bounds markers. Sworn chain carriers: Jacob Gabard Sr, Philip Gabbard. Jacob Gabbard, Jr., Markers. Felix J. Gilbert SCC
Grant issued 21 Feb 1829 to Jacob Gabbard, assee. of Abrahm Gum, 50 acres. Grant Bk V, p.420-21.

The following grant is ambiguous as to whether it is father or son:
Feb Term 1837 Clay Co Court. On motion of Jacob Gabbard, the surveyor of Clay Co is to lay off 50 acres of vacant land in Clay Co to begin at the Southwest corner of Henry Gabbard's land. Said Gabbard to pay at the rate of $5 per 100 acres.
Survey dated 21 Dec 1837 [says for Jacob Junr] 50 acres in Clay Co on Indian Creek waters of the South Fork of the Kentucky Rive. Begin at two beeches & sugar tree & dogwood upper corner to a 50 acre survey in the name of Henry Gabbard, thence with lines of the same...
Chain Carriers: Isaack Gabbard, Matthias Gabbard
Jacob Gabbard Junr markers
George Stivers, Clerk certified that the above was returned to Court, Dec term 1838, and ordered to be recorded in the Kentucky Land Office 31 Dec 1838.
Grant says plainly to Jacob Gabbard Sr. but appears to be Jacob Gabbard Jr. in another, and is dated 21 Dec 1837.

1830 Census. Clay Co, KY. Apparently a married child with children in the household.
Jacob Gabbard, 1m under 5, 1m 20-30, 1m 60-70. 1f under f, 1f 15-20, 1f 20-30, 1f 50-60

1840 Census. Laurel Co, KY
Jacob Gabbard: 2m under 5, 1m 5-10, 1m 30-40, 1m 70-80. 1f 20-30, 1f 50-60
He wasn't listed as a Revolutionary pensioner although he should have been.

1850 Census, Madison Co KY
John W. "Gabbert", age 30. Alithy 30.
Green, age 12. Mary A. 10. Jacob 8. William 7. Nancy 6. Sally 5. Susan 4. Edward 3. Cythia 2. Jacob Gabbert, age 80.
The head of household is John Wesley Gabbard, grandson of Jacob, son of Edward Gabbard.

Jacob's "accepted" date of death is 1854. There are two "Last Payment Vouchers" for his pension - one dated 4th qtr 1848 and one the 2nd qtr of 1855, but there was no cessation of his payments in 1848. The payment ledgers show that some one picked up his last payment for the 1st quarter of 1855, in the 2nd quarter of that year. He received $10 twice a year - most of the time he picked up his money in the 4th quarter of the year.

GABBARD FAMILY NEWSLETTER had an article that might explain the origin of some of the confusion on this family Vol. 4, No. 4; Dec 1994 "Descendants of Jacob Gabbard, Pioneer" p.13.
He believed that Jacob was married to a Woods, a daughter of Samuel Woods. He also thought he was the son of George Gabbard & wife Margaret Smith. Actually George was Jacob's brother, possibly half-brother, and his wife was Catherine Smith. Jacob himself was married to Margaret Smith. This researcher did have a correct list of children for Jacob.

Clay County Ancestral News/ Clay County Genealogical and Historical Society KY

JACOB GABBARD and MARGARET "PEGGY" SMITH were married about 1785 in Carter County, Tennessee.^17,21 MARGARET "PEGGY" SMITH, daughter of EDWARD SMITH and CATHERINE STUMPH, was born in 1770.²⁰ She died in 1830 at the age of 60 in Kentucky.²⁰

If Edward Smith had land entries in Burke Co NC in 1778, I doubt that Margaret was born in Tennessee as stated in the Newsletter. She was also likely a few years older than indicated. (Gabbard Newsletter article on the Pension of Jacob Gabbard)

Margaret was the daughter of Edward Smith ...since nothing is known about Edward's parentage, and so much of the information about his wives and children is conflicting, I will state here what I know of Edward Smith, rather than posting a separate file for his family.

Edward Smith was "of Carter Co TN" Children are named below in his Will.

Edward Smith is credited with having as many as three wives named Catherine, and as many as 12 children and sometimes more, born from 1739 through 1798. There are 12 children named in the will but I have no idea why the years of birth as often seen have been assigned to them. Given the wide range of possible births for the various proposed children and the confusion over the wives, it is quite possible that there were at least two wives named Catherine and probably an earlier wife as well. I have seen birth years for Edward Smith as both 1720 and 1730 - I believe both to be guesstimates. The tradition is that he was aged 87 when he died, born 1720. Most of this information seems to have come from DAR applications - early ones when proof was inadequate. These state that he was born in Maryland, married in 1739 to Catherine Stumph who survived him - obviously this was based on the fact his wife was Catherine when he wrote his will.
I have my own suspicions, in part based on the known birth year of the wife of son Nicholas [1770] that there was no Catherine "Stumph" and that Edward Smith was not as old as thought - the 1730 birth is probably more likely than 1720. All the children except for the youngest daughter, Nancy, were likely those of Catherine Stonecypher the Elder.

A wife Catherine was named in his will. Proposed wives, for whom I've been unable to find documentation, include Catherine Stumpf, Agnes Catherina Steinseifer [Stonecipher, Stonecypher] and a second Catherine or Katrinka Stonecipher, who is said to be a niece of the first. [All these names, Catherine, Catherina, & Katrinka are forms of the same name.] The only proof given of the existence of any of these ladies is a Baptism record in Rodgen Parish, Eisern, Germany, for Agnes Catharina Steinseifer on 26 Aug 1736, daughter of Johannes Steinseifer & Elizabeth Schuster. The will of Johannes Steinseifer in Culpeper Co VA dated 2 Apr 1754, mentions his "four daughters" but gives no given names, nor hint of their married names. There do seem to be records of all these surnames in Culpeper Co.

I do have the book The Culpeper Classes by John Blankenbaker which lists the militia groups for Culpeper. The list is said to have included all able-bodied males from 16 to 50 in 1781. An Edward Smith is listed. Culpeper has records of Nicholas Smith as well - a Nicholas Smith could be a possible candidate for the father of Edward, but an older Nicholas wasn't in the Classes. A Nicholas Smith Jr is listed in the Classes and he could well be a "Jr" because an older Nicholas was living there, not necessarily his father. Since Nicholas is usually seen as the eldest of Edward's sons, it would make sense for him to be named for Edward's father. Just another theory, though.
This record in Culpeper from 1781 is a bit hard to reconcile with records of Edward Smith living in North Carolina. Perhaps it is a different Edward Smith. However, the use of the names Nicholas & Edward might very well indicate some kinship.

By 1761, there is a deed in Rowan Co NC for 640 acres. Said to be for Edward and wife, Catherine, but purchases do not usually include the wife's name, so there must be more to the story. John Henry Stonecyphers received 640 acres on the same day and he is believed to be a brother of Catherine Stonecypher.

In 1763, Rowan Co NC, Edward Smith received a permit to run a tavern in his house which was granted. He later also operated a tavern in Washington Co TN which could indicate this is the same Edward Smith.

Edward is said to have later lived in Burke Co NC, but that county was formed from Rowan in 1777 so he may not have needed to move to become part of Burke Co.

The PUBLIC ACCOUNTS OF STATE OF NORTH CAROLINA, Vol. 1, p.372 State that from 22 Aug 1775 to Feb 1776, Capt Thomas Wade of Anson Co, for service of Light Horse and Independent Company of Foot on an Expedition to Cross Creek against the insurgents, paid to Edward Smith, 17 days service, 1pound, 14 shillings. Again, this could be a different Edward Smith, but I believe it was the same man. In 1776, the counties of Rowan and Anson did abut in a small area but both were enormous counties. When Burke Co was formed out of Rowan, it was from the Western half and fairly far removed from Anson Co.

From TENNESSEE RECORDS OF WASHINGTON CO transcribed by Mary Hardin McGown, quoted in TENNESSEE SMITHOLOGY. Chapt. 27, p.135
15 Nov 1777, New Bern. Road to be marked from the house of Charles Robertson in Washington Co [now Tennessee] through the mountains to the house of Edward Smith in Burke Co.

Deeds abstracts of Washington Co, once part of NC, later Tennessee
10 Nov 1784 NC Grant #553 to Edward Smith for 600 acres, south Bank of the Watauga River DB 1, p.396 [Reeves in "Smithology" shows this as 300 acres]
1783 NC Grant #560 to Edward Smith. Washington Co. 600 acres on Iron Mtn on south bank of Watauga
7 Aug 1787 NC Grant #754 to Edward Smith for 100 acres, S side Iron Mountain. DB 3, p.99 [Reeves shows this as Grant #758]
3 Aug 1791 Edward Smith to John Smith, from his Grant of 10 Nov 1784, 50 acres on N side Watauga River. DB 5, p.29 [Edward named a deceased son John in his will, 1807]
10 Jul 1792 Edward Smith to Isaac Campbell from his Grant of 10 Nov 1784, 50 acres on North side of Watauga River. DB 5, p.100 [Edward named a daughter as Susannah Campbell in his will, 1807]
12 Jul 1794 NC Grant #12222 to Edward Smith for 200 acres on Doe River.

A Tennessee Taxables List, 1790, Washington Co. shows Edward Smith.
THE BLOUNT JOURNAL, 1790-1796 by Gov. William Blount of The Southwest Territory shows that he appointed Edward Smith a Justice of the Peace in Washington Co in 1790.

He was on the Washington Co TN Tax lists 1788-1795 with 600 acres, no poll.

There was a second Edward Smith on the 1778 Tax list for Washington Co [then still NC], but he is believed to have lived on Cherokee Creek adjacent one Jonathan Tipton. Any relationship to this Edward is unknown. There was also an Edward Smith in Wilkes Co NC, married 1780 to Jane Linville, and also settled in Tennessee. He could also be that second Edward, but that is not certain, either.

In 1796, Carter Co was formed from Washington Co and likely some or all of Edward Smith's land became part of Carter Co.
Edward Smith is listed on the Tax lists of Carter Co from 1796-1799 with 450 acres. No poll [likely because of age] until 1799 when 1 white poll is listed. In 1799, son Daniel turned 21.

Here is a partial transcript of his will found online - it is believed to have been found in Carter Co TN:
LAST WILL AND TESTAMENT OF EDWARD SMITH
page 310
Secondly, I give and bequeath to my beloved wife, Catherine, all my
stock of horses, only the three mares above excepted, together with all
my stock of cows, hogs, sheep and bees, with all my household furniture
and farming utensils of every kind, also my wagon and gear, also my
plantation whereon I now live for and during her natural life; also my
negro woman, Agnes, and her child, and their increase for and during her
natural life, and then to go to my youngest daughter, Nancy, and her
heirs forever; and further I do direct that the land at my said wife's
death to descend to my four sons, to-wit: Nicholas, Jacob, William and
Daniel Smith, to be equally divided amongst them and their heirs
forever, they paying fifty pounds, ten shillings, current money into the
hands of my executors within one year after my said wife's death, which
sum of fifty pounds, ten shillings, I direct my said Executors to pay to
my daughters hereafter named and their heirs and the heirs of John Smith,
deceased, in the following manner, that is to say, to my daughter,
Catherine Peeveyhouse, or her heirs, ten pounds; also to my daughter,
Sarah Bowman, or her heirs, ten pounds; also to my daughter, Margaret
Gabert, or her heirs, ten pounds; also to my daughter, Susannah
Campbell, or her heirs, ten pounds; also to the heirs of my daughter,
Mary Smith, the sum of five shillings; also to the heirs of my daughter,
Elizabeth Dunkin, five shillings; also to the heirs of my son, John
Smith, deceased, the sum of ten pounds, which said several sums above
mentioned and to the use of the person above named and their heirs
forever, which is all I do intend for them to have of my estate;
furthermore, it is my will and pleasure that my son, Daniel Smith, and
his heirs, have fifty acres of land or whatever quantity there may be on
that side of Watauga River where the said Daniel now lives, it being
part of the tract which I now live on and that my said wife, Catherine,
is only to have such land in her lifetime as is on the side of the river
which I am now living on, and further it is to be understood that the
land named to be divided amongst my four sons and their heirs is only to
extend to that part of my land which lies on the south side of Watauga
River and the balance of said tract of land which lies on the north
side, I give and devise to my son, Daniel Smith, and his heirs forever.
Furthermore, I do ordain, constitute and appoint my said wife,
Catherine, Executrix, and my son, Daniel Smith, and Julius Dugger,
Esquires, Executors, of this my last will and testament, and do hereby
revoke, disallow, and disannul all and every will by me heretofore made,
and I do declare this to be my only last will and testament.
page 310
In testimony of which I have hereunto set my hand and affixed my seal
this 11th day of February, one thousand eight hundred and seven.
page 311
[p.311] Signed, sealed and declared in the presence of us.
EDWARD SMITH (Seal).
Matthias Wagoner, Jurat.
John Heaton, Jurat.
Acknowledged before us this 15th of April, one thousand eight hundred
and seven. April Term of Court, Carter Co TN
Nathaniel Taylor.
Godfrey Carriger.
William Boyd

At the time of the above will in Carter Co TN, Edward Smith named the following:
Wife - Catherine
youngest daughter Nancy
Four sons: Nicholas, Jacob, William & Daniel Smith
Heirs of John Smith, a deceased son
Daughters: Catherine Peeveyhouse, Sarah Bowman, Margaret Gabert, Susannah Campbell, heirs of Mary Smith, heirs of daughter Elizabeth Dunkin, dec'd

Jacob Gabbard married Margaret Smith, daughter of Edward Smith about 1785, probably near the forks of the Watauga & Elk Rivers and Roane and Doe Creeks in Washington Co TN. This is on the line of present day Carter & Johnson Counties. Edward Smith owned inns on the main road between North Carolina and the Watauga county, first in NC and then after 1783 in Tennessee. Edward Smith bought 640 acres on Iron Mountain that also bordered Jacob's brother George's NC grant. The family of Cornelius Bowman was in the same neighborhood and his son John married Margaret Smith's sister Sarah, at about this same time.

JACOB GABBARD and MARGARET "PEGGY" SMITH had the following children: