The Family of Thomas Upton 

A Pioneer family of Kanawha

     I suppose I'll start with his parents. Thomas Upton the elder married Mary Goolbsy around 1730 give or take. Contrary to previous research which inferred her last name was Heritage; it appears on closer inspection that the Thomas Upton who married Mary Heritage remained in Maryland. The evidence for her being a Goolsby is as follows: depositions found in Richmond given by Thomas Stephens, John Thomas, Joseph Upton and Thomas Upton all state that Thomas Goolsby left Mary Upton the 100A of land in his will. This seems to imply that she was his daughter. The earliest wills of Albemarle Virginia were destroyed in a fire during Tarleton's Raid, so we only have mentions of them in surviving court record books. These depositions were sent to Albemarle as a way to try and replace missing records.  In 1767, Mary Upton sued Thomas Stephens for trespass on her land. This now makes a little more sense since the discovery of this new record. According to those depositions by the above-mentioned men, Thomas Goolsby left 100A to Mary Upton and 150A to his grandson Thomas Stephens, so this was probably an argument over inherited land. The 100A was land where the said Mary Upton already resided. This was very likely the land "given" to Mary and her husband by her father upon her marriage to Thomas Upton. This is the same 100A of land she left to her son Thomas Upton in her will. He in turn sold it to William Hughes when he left the county in 1789. 

     Thomas Upton Sr of Goochland County, Virginia paid 40s and applied for a Treasury Grant sometime before his death which occurred in the late part of 1744 or the early part of 1745. His will was recorded in the April 1745 term of the Albemarle County, Virginia court. His widow Mary was qualified as his administrator. The land grant of 400A on Briery Creek was granted on September 25, 1746. This is likely the same 400A on Briery Creek that his son Joseph Upton sold to Thomas Jopling on November 3, 1766.

     Mary Goolsby Upton died either late 1774 or early 1775.  

 In the name of God Amen. I Mary Upton of St. Anne County of Albemarle being weak in body but of sound memory (blessed be God) do this twenty-first day of August in the year of our Lord 1770 make and publish this my last will and testament in manner following
I commend my soul into the hands of Almighty God who gave it and my body to the Earth to be decently buried at the desecration of my Executors hereafter named.
Item, after my just and lawful debts are paid by my executors, I bequeath to my loving daughter Rachel Upton one great chest and side saddle, two new pots and pot hooks, one frying pan, one small brass kettle, all my spinning wheels both linen and woolen, together with the bed and furniture I now lye on.
Item, I give and bequeath to my loving son Joseph Upton two cows and one calf, one feather bed but no bolster nor other feather.
Item, to my loving daughter, Rebecca Couch, I give and bequeath one great brass kettle and almost all my clothes.
Item to my loving daughter, Nanny Cobb I give and bequeath one trundle bed and all its furniture.
Item, I give and bequeath to my loving son Thomas Upton one hundred acres of land (the same more or less) it being the land and plantation whereon I now live, to him and his heirs lawfully begotten for ever together with a bed of new feathers and the furniture he now lies on.
Item, All the rest of my effects and whatsoever there is that they be equally divided between my loving daughters Rachel Upton and Nancy Cobb.
Lastly I make and ordain my loving sons Joseph Upton and Thomas Upton executors of this my will in trust for the interests and purposes in this my will contained in this sheet of paper and I hereby revoke all former and other wills heretofore by me made either by word or writing and my executors are to take care to see this my will performed according to my true intent and meaning.
In witness whereof I the said Mary Upton have to this my last will and testament set my hand and seal the day and year above written.

Her will was recorded July 1775.

     The children of Thomas Upton and Mary Goolsby:

1. Thomas Upton Jr was probably born in the 1730's. In 1760 he was a soldier under Col. William Byrd during the French and Indian War. This was proved in 1780 by a neighbor Richard Bailey and Gabriel Penn. He spent almost his entire life in Albemarle County, Virginia on Briery Creek of the Rockfish River. He hired his nephew Edward Thomas to work as overseer on his plantation from 1782-1785.  The 1785 special census of Albemarle County lists 3 white souls in his household. Obviously one person being himself but the other two was likely Edward Thomas and possibly his unmarried sister Rachel Upton. He received land grants for his service in the French and Indian War. On July 11, 1787 he was granted a patent for 1400A in Kanawha County on the Coal River. This land is currently located on the Upper Falls of the Coal River near Tornado, West Virginia. On October 27, 1787 he was granted 3400A in Kanawha on the Kanawha River. This land is currently on the south side of the Kanawha River from the mouth of Davis Creek in South Charleston down to around Upton's Creek in Spring Hill. The condition of both grants was that he had to make a settlement on these lands within three years. So, in October of 1789 Thomas Upton left Albemarle in the company of Thomas Matthews (JR), R. Lott Matthews, Jarret Doling, a half-wit, Joseph Ward, Seth Ward and his nephew Fleming Cobbs, who had moved in with him around 1787 after disagreeing with his stepmother. After arriving in Kanawha, they began to clear his land at the mouth of Davis Creek. This section of land became the subject of a later chancery suit involving the heirs of Thomas Matthews of Buckingham County. The Mathew's men who had traveled to Kanawha with him claimed that the land they cleared had been promised to their father Thomas Matthews, who had purchased the 100A from Upton in exchange for 30 pounds, a rifle and some tobacco. The men built a small stockade fort at the mouth of Davis Creek, but it wasn't long before Shawnee hostilities forced him to retreat to Clendenin's Fort in Charleston at the mouth of the Elk River because they didn't have the manpower to hold them off. It was during this time that he joined a survey party led by Daniel Boone. He lived in one of the Fort Houses until his death on January 2, 1794. This is the date William Clendenin and Reynolds Morris supplied to the court as the day they were summoned to his deathbed to write his will because he could neither read nor write, which was also corroborated by Capt. John Thomas of Buckingham County, who brought him a letter from Thomas Matthews but had to read it to him. He was buried in a hollowed-out log near the Fort. When George Goshorn built his mansion, he dug up and threw out the log with Thomas Upton's remains. This was near present day Truslow Street in Charleston. He died UNMARRIED and CHILDLESS. 

 

      In the name of God, Amen.  I, Thomas Upton, Kanawha County, make this 
my last will and testament.  I resign my soul to its Creator all humble hopes 
of its future happiness as in the disposal of a being infinitely good; also 
my body and it is my will that it be buried in a Christian manner. 
As touching my worldly affairs wherewith it has pleased God to bless me with, 
I hereby appoint my particular friend and nephew Fleming Cobbs, executor of 
this my last will and testament.  I do will and bequeath to my brother, 
Joseph Upton the half of that tract of land lying below Davis Creek which 
part he is to have at the lower end.  I do will to my nephew Thomas Cobb, son 
to Thomas Cobb of Buckingham County, the half of that part of said tract that 
lies above Davis Creek.
I do will to Thomas Upton, Joseph Upton, Elia Upton and Elijah Upton, sons 
of Joseph Upton, each 200 acres of land of a certain tract of 1400 acres on 
Cole River at the Upper Falls.  Of the other 600 acres to be equally divided 
between Judia Cobbs and Mappin (may be an error, Judah Cobbs married a Maupin, 

the land was actually divided between Judah Maupin and Rebecca Thomas according 

to later deeds and the platt map), daughters to Thomas Cobb, Rebeckah Thomas, 

daughter to Rebeckah Couch. I do hereby will to Mariah Toler, daughter to Thomas 

Cobb, my negro woman named Tillah together with her increase.  I do will to Rebeckah 

Thomas, my negro woman named Nan together with her child.  I do will to Nancy Cobb, 
daughter to Thomas Cobb, my negro woman named Pallis.  I do will to my 
brother Joseph Upton, my sorrel mare and bay mare colt and about 30 pounds of 
feathers at James Jopling and 8 hogs now in the islands (probably Seven Islands in 

Buckingham) and my big barrow and one of my young bares? (boars??) and my rifle.

           2 January 1794
                                                 Signed:  Thomas Upton (his mark)

Witnesses:  William Clendenin and Samuel Thomas

         Recorded 27 April 1794

Kanawha County, May court 1794

Be it known that this day William Clendenin & Morris Reynolds personally before the court of this our said county & after being duly sworn deposeth & sayeth that on the second day of January one thousand and seven hundred and ninety four they were called upon by Thomas Upton to write his last will and testament at which time the said Thomas lay on his death bed in one of the fort houses of George Clendenin, at whose fort he had resided and made his home for upwards of three years. That in his direction to them about his last will He particularly bequeathed to his nephew Fleming Cobbs who he appointed his executor his negro woman Fann and the balance of his tract of land not otherwise devised lying and being at the mouth of Davis Creek in our said county together with his gray mare & every other spacious of property that belong to him after his just debts were paid the several legacies made good to the different legatees And the said William Clendenin & Morris Reynolds further deposeth & sayeth that they omitted setting down all and every of the bequeaths made to the said Flemming Cobbs by his testator. Considering that as he had appointed him his executor that every part not otherwise devised would fall to him of course that the said executor wherefore the said William & Morris under the fullest consideration that the said Thomas Upton made all and every bequeaths in full sense of mind and that error was by them committed by the omission aforesaid. In testimony they have hereunto set our hands & desires that our testimony maybe stated on the records of this our said county. Sworn in this our said county this 6^th day of May 1794 William Clendenin & Morris Reynolds teste John Reynolds A Copy Teste Andrew Donnally Clerk of Kanawha County. 

As for the land on the Upper Falls that he left to his various nephews and nieces; The Upton's sold their share and moved to Warren County, Kentucky. The Maupin's sold their share and moved to Cabell County, West Virginia.

Some of the Kanawha River tract was sold to Capt. John Thomas of Buckingham, who sold it to his son Elliott Roberts Thomas of Buckingham, who sold it to Lindsey Thomas of Kanawha. This parcel of land is located on Upton's Creek.  Some of the tract was sold to the Davis family and some to the Matthews Family. This land is along Davis Creek meandering down to the Kanawha River. Fleming and Thomas Cobb also received some of the land. Fleming's land was on Little Creek and you can still see his grave there on a golf course now owned by the the state.    

2. Rachel Upton was born before 1744. Nothing else is known about her. She was unmarried when her mother died 1774 or 1775 and she was not in her brother's will. She does seem to have remained unmarried because she is mentioned as getting a portion of the 3400A tract of Thomas Upton's land that he failed to bequeath by his will after his estate was probated.

3. Rebecca Upton was born about 1733. On December 26, 1754 in Goochland County, Virginia she married William Thomas. They settled on Rock Island Creek in Buckingham County, Virginia and had five children; Reuben Thomas who died in the service during the American Revolution. Edward Thomas, who worked for his uncle Thomas Upton for four years, married Hannah Hughes and moved to Washington County, Missouri. Jesse Thomas, who remained in Albemarle County, Virginia. He was offered land by his uncle Thomas Upton but didn't like the "Kanawha".  His mother also sold him her portion of the 3400a tract of land on the Kanawha River that she inherited from her brother Thomas Upton. Rebecca Thomas who married her cousin Joseph Thomas and moved in 1796 to the Upper Falls of Kanawha County. Joseph Thomas and his brother James built the first Grist Mill on the Coal River at the Upper Falls and James drowned there in 1819. Rebecca Upton married for a second time around 1770 to Capt. John Couch and had two more children. Evy Couch who married John patteson Surveyor of Buckingham County, Virginia. Mary Couch who married Thomas Tindall and moved to St Louis, Missouri after the death of her husband.

4. Joseph Upton was born about 1740. He married Frances (last name unknown). Joseph came to Kanawha County to join his brother in 1792 and remained in Kanawha until 1801.  He moved to Warren County, Kentucky with his family in 1802 and died there about 1815. His children were: Mary Upton who married Joseph Burrell. Elia Upton who disappeared from Warren after 1805 and may have moved to Missouri. Thomas Upton who also disappeared from Warren in 1805 and moved to Monroe County, Missouri. Joseph Upton Jr who married Mary See and died in Warren County, Kentucky in 1809. Nancy Upton who married Charles O'Neal and moved to Franklin County, Mississippi. Elijah Upton who married Elizabeth Ford and died in Warren County, Kentucky in 1863. There was an Elsy (Alsy) Upton who married William Roberts in Kanawha in 1813. This has to be either another child of Joseph or a widow of one of his sons. I have not been able to find them in records.

5. Nancy Upton was born about 1742. She married Thomas Cobbs and they settled on the James River at Rock Island Creek in Buckingham County, Virginia. Thomas Cobbs was taxed in Buckingham from 1782 to at least 1807. He is not in the 1810 census. There were four Cobbs in the tax records; Thomas Cobbs Sr who was born in 1723 and died in Georgia at 110 years of age. He is listed next to our Thomas Cobbs in 1782. He moved to Georgia in 1784. John Cobbs, who is also listed next to our Thomas Cobbs also left for Georgia in 1784. In 1785 another Thomas Cobbs appears to come of age. This one lived on Slate River and it is assumed he was married to a Nancy Watson in Albemarle. It is clear that these men were related. John Cobbs signed records with Thomas Upton. Nancy Upton died around 1776. Her son Fleming Cobb moved in with his uncle Thomas Upton because he did not get along with his step mother.  The children of Thomas Cobbs and Nancy Upton were; Mariah Cobbs, wife of Matthew Toler moved to Hanover County, Virginia, Judah Cobbs, wife of Thomas Maupin moved to Cabell County, West Virginia, Fleming Cobbs, died in Kanawha County, West Virginia, Thomas Upton Cobbs, lived in Kanawha but moved to Marion County, Missouri late in life, and Nancy Cobbs, wife of John Maupin, moved to Madison County, Kentucky.
Thomas Cobbs had nine children with his second wife but I do not know her name at this time. The children were; Sarah Cobbs wife of Isham Bagby, John Cobbs, Elizabeth Cobbs wife of Lewis Nevills, Mildred Cobbs wife of George Tapscott, Waddy Vine Cobbs, David T. Cobbs, Nicholas Cobbs, Robert Cobbs, and Winney Cobbs.
Thomas Cobbs was born June 15, 1740 and was the son of Vinkler Cobbs of Hanover County, Virginia. 

Fleming Cobbs became one of the most recognizable descendants of Thomas Upton. He became the owner of a large part of the 3400 tract of Kanawha River land at the mouth of Davis Creek. Several years after Thomas Upton died, the heirs of Thomas Matthews initiated a suit in chancery over 100A they claimed their father bought of Thomas Upton. Most depositions imply that Thomas Upton promised several people 100A of land ONLY if they came and helped him clear and defend it against the natives. This evidence coupled with the fact that the plaintiffs waited until after the death of their father to make the claim and also waited until the death of Thomas Upton's attorney Benjamin Jordan seems really suspicious. They did win the suit and poor Fleming Cobbs was ordered to hand over land that he had built a two-story cabin on and had spent ten years cultivating when the suit was initiated. In his panic over losing his livelihood, he forged two depositions from Jacob and Richard Welch to make up for the death of Benjmain Jordan, who if living, would have had personal papers disputing the Matthews assertions.  You can still see Fleming Cobbs grave. His family cemetery is located on the grounds of the golf course of Little Creek Park on Davis Creek.