Descendants of Diah Waters of Virginia

Waters

Generation #2

Jacob (1Diah) Waters of Loudoun Co VA

Jacob Waters was born in 1784 in Virginia. His date and place of birth is provided by the 1850 Loudoun Co VA Census. Jacob is first found in the 1809 and 1810 Loudoun Co VA Tax Lists where he is enumerated with his father, Dyo Waters.

In about 1811 in Loudoun Co VA, Jacob married Elizabeth Waltman b. 1786 Loudoun Co VA. Elizabeth's name is found in a Loudoun Co VA probate suit dated 2/16/1833. Note, Waters Family members possibly attended St. Paul Lutheran Church at Neersville; as the Waters surname is found in the church cemetery. Another possibility is New Jerusalem Lutheran at Lovettsville where some of the girls were married.

The essence of the aforementioned 1833 probate is that the oldest daughter is suing her father and siblings for her share of an inheritance. It appears that Jacob and Elizabeth lived on lands which had been willed to Elizabeth by her father, Samuel Waltman. The court forced Jacob to vacate the property for sale to the highest bidder. And, the proceeds from the sale were to be equally divided between Elizabeth's heirs. In the end, Jacob was the highest bidder, and he retained the family home in his own name. [Full Text]

The next citation for Jacob comes from the 1841 divorce for Jacob Bagent and his wife, Eleanor McGathen Bagent. According to depositions for the divorce, Eleanor took her Bagent children and left her husband to live with Jacob Waters in 1836. And, Eleanor had additional children with Jacob Waters 

To Eleanor Bagent,  Take notice that I shall on the third day of August 1841 at the Office of Master Commissioner Leukett in the Town of Leesburg between the hours of sunrise and sunset of that day, proceed to take the depositions of John Bagent, Philip Richie and Jacob Smith to be read as evidence in a suit now depending in the Circuit Superior Court of Law and Chancery for the County of Loudoun in which you are Defendant and I am Plaintiff. July 13th 1841. Jacob Bagent.

The deposition of John Bagent, Do you know Jacob Bagent? If so state as near as you can when he was married, how long he and his wife lived together, where his wife is living now, What has been her character and with whom is she now living? Answer: I do know him, he's my brother, he was married between twelve and thirteen years since, and he and his wife have been separated about seven years. She is now living at Jacob Waters. I saw her there last Saturday. She has been living with Waters ever since she separated from her husband. Her character has been accounted very bad ever since she lived at Waters, as bad as it could be I believe. Question: Do you know what was the cause of her leaving Bagent her husband? Answer: She said he was jealous of her, and that if he did not quit being jealous of her she would leave him. He replied that he had good cause to be jealous of her and Waters, and she did leave him and went to Waters house. This happened between them in my home in presence of my wife and myself. Question: Do you know what caused that jealous feeling? Answer: No, I don't only from what he told me, and he told me that Waters was always running about his house. Question: How many children has she had since she left her husband and who is the reputed father of them? Answer: I believe she had had three. Waters is the reputed father, at least  that is the general impression. I heard him, on calling the children to him say "come to your father," and I have heard her threaten them and say "why don't you go to your father," or use some similar words. Signed John Bagent.

Jacob Bagent was awarded a divorce, he was allowed to take his children from his ex-wife and his ex-wife was made accountable for the costs of the divorce; $30.24.  Sept 22, 1841.

    "Virginian Descendants of Richard Bageant," Genealogy Webpage, no date <http://www.begent.org/bageants.htm> 7 April 2007.

Jacob is found in records where he acted as bondsman for daughter Eliza's wedding on 3/15/1843. On 10/26/1847 in Loudoun Co VA, Jacob married his mistress, Eleanor McGathen Bagent b. 1809 in Virginia. What prompted Jacob to marry Eleanor after so many years? For whatever reasons, Jacob and Eleanor are also found in the 1850 and 1860 Loudoun Co VA Censuses. Jacob and Ellen died sometime after 1860 in Loudoun Co VA.

Loudoun Co VA Minute Book 2, p. 202:
10 August 1818 Cath'e WATERS appt'd Guardian of Susan, William, Barbara & Lydia WATERS orphans of Diah WATERS dec'd, with $1000 bond and Jacob & Levi WATERS as security.

Elias Stream & Mary Ann, his wife, Plaintiffs agt Elizabeth Waters, Ruth Waters, Rachel Waters & Eliza Ann Waters, Defendants

Said [Elizabeth] intermarried with Jacob Waters, and had children your _____ Mary Ann. Elizabeth Waters, Ruth Waters, Rachel Waters, & Eliza Ann Waters all of whom are infants: the said land is manifestly worth less than $300 to the share, and the said E[lizabeth] died intestate. . . .
In 1837 a Rosha Harle is living with him.
In 1838 a Horatio Hall (free negro) is living with him.
 In 1840 and 41 John & Henry Waltman are living with him.
New Jerusalem Lutheran Church. Shelburne Parish Register A:
Hawke, Elijah & Eliza Waters. Jacob Waters attests ages, bond made 15 March 1843. m. 23 March 1843.
New Jerusalem Lutheran Church. Shelburne Parish Register A:
Waters, Jacob & Ellen Elizabeth Magaha. Presly Saunders attests bride's age. John Mobberly, bond made 26 Oct. 1847.		 
1850 Loudoun Co VA Census
HN    FN    Last    First     Age   Sex  Occup.     POB
=============================================================
2010  2010  Waters  Jacob     65    M    Labourer   Virginia
                    Ellen     40    F               "
            Lay     Sally     24    F               "
            Waters  Jackson   21    M    Labourer   "
            Pagant  Jno       19    M               "
            Waters  Joseph     7    M               "
                    Addeline   5    F               "
                    Geo[rge]   2    M               "
 
1860 Loudoun Co VA Census
HN    FN    Last    First     Age   Sex  Occup.     POB
=============================================================
      160   WATERS  Jacob     75    M    Laborer    Virginia
                    Ellen     60    F               "
                    Jos.      18    M    Laborer    "
                    Sarah     16    F               "
                    Geo. W.   14    M               "
                    Thos. J.  12    M               "

    Children with Elizabeth Waltman

    1. Mary Ann Waters

New Jerusalem Lutheran Church. Shelburne Parish Register A:
Stream, Elias & Mary Ann Waters, dau. of Jacob Waters, who attests groom's age, bond made 24 Sep. 1831. Shelburne Parish

Elias Stream & Mary Ann, his wife, Plaintiffs agt Elizabeth Waters, Ruth Waters, Rachel Waters & Eliza Ann Waters, Defendants

    2. Elizabeth Waters

Elias Stream & Mary Ann, his wife, Plaintiffs agt Elizabeth Waters, Ruth Waters, Rachel Waters & Eliza Ann Waters, Defendants
Min Daniel J. Haver; Pastor New Jerusalem Luth Church
Bondsman Sam Waltman

    3. Ruth Waters b. 8/25/1819 Loudoun Co VA

    4. Rachel Waters

Elias Stream & Mary Ann, his wife, Plaintiffs agt Elizabeth Waters, Ruth Waters, Rachel Waters & Eliza Ann Waters, Defendants

    5. Eliza Ann Waters

Elias Stream & Mary Ann, his wife, Plaintiffs agt Elizabeth Waters, Ruth Waters, Rachel Waters & Eliza Ann Waters, Defendants
New Jerusalem Lutheran Church. Shelburne Parish Register A:
Hawke, Elijah & Eliza Waters. Jacob Waters attests ages, bond made 15 March 1843. m. 23 March 1843.

    Children with unknown spouse

    6. Jackson Waters

    Children with Ellen Waters

    7 - 8. Unknown sons b. c. 1837 Loudoun Co VA

    9. Joseph Waters

    10. Addeline/Sarah Waters

    11. George Waters

    12. Thomas J. Waters

Generation #3

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This site is provided for reference only. Except where specifically cited, information contained is conjecture and should not be considered as fact.
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