John Cobb

A Patriot of the American Revolution for VIRGINIA - NORTH CAROLINA with the rank of Private. DAR Ancestor #: A023500

Family 1 : FRANCES SMITH
+ROBERT COBB SR.

JOHN S. COBB JR.

+HENRY BALLARD COBB
+MARTHA FRANCES COBB
+ROWLAND COBB

LEWIS BALLARD COBB

+JAMES HUMPHREY COBB

CHARLOTTE COBB

+MARY COBB
+ANDREW AMBROSE COBB SR.

VERLINDA COBB

+LUCINDA B. COBB

John S. Cobb was a veteran of the American Revolution, having periods of service from both Virginia and North Carolina. He was a Planter and Lay Minister and was pastoring churches in the Pendleton District of South Carolina as early as 1805.

The Last Will and Testament of John S. Cobb:
In the name of God amen.
I, John Cobb of Pickens District, having lived to an advanced age knowing it is appointed for man once to die--and not knowing how soon or how suddenly I may be called--and being now of sound and disposing mind, memory and understanding--and desiring that after my departure no confusion may take place or controversy about the worldly estates where with it has pleased God to bless me.

1st. It is my will and desire that all my just debts (if any) be paid as soon as possible after my decease.

2ndly. I will, give, devise, and bequeath all my estates, real and personal of every kind and description, to my beloved wife Frankey Cobb, during her natural life to have, hold, use, possess, and enjoy the same, and to sell such cattle, horses, hogs, etc. as she may think best to use the proceeds to her support during her natural life without any charge of waste. My dear bosom companion has been to me a help met indeed and my desire is that she enjoy as much of property as she may desire--and to her the whole sole control and management is committed during her natural life.

3rdly. At the death of my wife it is my will and desire, and I so direct my executors here inafter named, to sell at public auction all my real and personal estates to the highest bidders at such time or time and on such credit as to them shall seem expedient. And when collected to divide the proceeds among all my children, sons and daughters, who may be living at the time of my death.

4thly. I do hereby nominate, constitute, and appoint Joseph Gresham and A.A. Cobb to execute this my last will and testament and do hereby revoke all other wills by me made.

In testimony whereof I have hereunto set my hand and seal this 30th day of July 1840.

Signed and sealed by John Cobb

The foregoing, signed and published by the testator as his last will, and by him called on to witness the same in his presence and in the presence of each other.

Lewis Holtsclaw (his mark)
Elijah Collings
John Adair

This is a fairly simple, straight forward document. However, due to the size of John's family, the death of some beneficiaries and the birth of others, and the sheer size of his estate, this Will was not settled with the final distribution made to the heirs until 1860. Many of the beneficiaries lived out of state. Some debts had to be paid and others collected. John was the owner of an extensive estate that included several thousands of acres with all the animals and implements needed to work a plantation. Property had to be sold, auctions held, etc. All this took time.

The terms of John's Will prevented his estate from being liquidated and distributed until after the death of his widow Frankey who died in 1851. By then four of their children were deceased: John Jr died without issue in 1836, Lewis B. died without issue possibly as a child, Andrew A. died leaving heirs in 1844, and Robert died in 1849, also leaving heirs. In the case of Andrew and Robert, their share of John's estate had to be divided among their children, John Cobb's grandchildren.

One other fact is also noted from this instrument. By the time John died, his son Robert Cobb Sr was the only child still living in the immediate area, all the others having moved away. And although Robert was even the eldest son of John's marriage to Frankey Smith, John did not see fit to appoint him the Executor of his Last Will & Testament, opting instead to appoint one Joseph Gresham (a prominent and respected local attorney) to that post. Also appointed was son Andrew A. Cobb who had moved to Georgia in 1836, and died there in 1844. The reason for these appointments can only be speculated, but would seem to indicate that John did not approve of his son's notorious lifestyle, and did not feel he could trust Robert with the responsibility of caring for his mother Frankey, and with a fair and equitable distribution of his father's estate to the other heirs.

John's Will and estate records are now in the office of the Probate Judge of Pickens County, South Carolina. The file is complete. Athorough examination of the accounts reveals one important thing - the number and names of John's children and many of his grandchildren. From this record it is possible to state with absolute conviction that John S. Cobb and wife Frankey were the parents of twelve children -those that are listed in this report.

Source: Stapleton Family Genealogy https://www.stapco.com/names/d0195/I23696.html