496.     GILBERT , SR DEVOL JUDGE was born 11 May 1740 in TIVERTON, RI (Freetown MA). He died JAN/JUN 05 1824 in WATERFORD, OH (BY FREEZING). GILBERT married Ruth Brown Howland on 18 May 1760 in TIVERTON, RI.  Gilbert's wife Ruth died in 1805, during the 45th year of the couple's marriage. Six years later, on April 4, 1811, Gilbert re‑married, wedding Mrs. Anna (Prentice) Champlin Hatch, of Wooster township, Washington County. Ruth, also a New Englander ‑‑ from New London Connecticut ‑‑ had three daughters by a previous marriage.

 

            Gilbert Devol Sr.’s marriage record to Anna Hatch is unavailable.

            1820 Census OH Washington Lawrence – Gilbert Devol, Sr. and daughter-in-law Rachel

Gilbert Devol Sr. probate and will (PDF File)

 

A Gilbert Devol Sr. is listed as the owner of Donation Tract #22 at the Marietta Ohio Settlement sometime between 1790 and 1820.

 

Gilbert Devol was born in Tiverton, Rhode Island in 1740. At the age of 20, he married Mrs. Ruth (Brown) Howland, daughter of John Brown and Sarah White.  Gilbert was justice of the peace, Tiverton, Rhode Island, 1774-1786; on commission to deal out powder, ball and flint, 5 Jun 1776.  Deputy, General Assembly of Rhode Island, Feb 1780, when he was appointed to procure blankets for soldiers, July 1780.  Justice, Superior Court, Rhode Island, 1786.  Gilbert was judge in famous case in 1786 "Trevett vs Weeden", Rhode Island.  He emigrated with his wife and family to Ohio in 1788 and stopped in Marietta not long after the first 48 settlers.  He joined the second association of 19 settlers who took tracks of land at Waterford, North West Territory and moved there 20 April 1789.  He and his family lived in the garrison, Fort Frye, during the Indian troubles of 1791-1795, and then improved his farm below the present village of Beverly.  He was always known as Judge Devol.  Gilbert's wife Ruth died in 1805, during the 45th year of the couple's marriage. Six years later, on April 4, 1811, Gilbert re-married, wedding Mrs. Anna (Prentice) Champlin Hatch, of Wooster township, Washington County. Ruth, also a New Englander -- from New London Connecticut -- had three daughters by a previous marriage.  Mrs. Hatch's three daughters all married Devols:  (1) Nancy Champlin married Alpha, Gilbert Sr.'s grandson; (2) Silence married Stephen Jr., Gilbert Sr.'s nephew, and (3) Hannah married Philip, another grandson of Gilbert, Sr.   These women came to Ohio in about 1800. 

"Colonel Thompson (?), Major Dean Tyler and Judge Gilbert Devol were placed in charge of construction of Fort Frye in 1791."  - Waterford and Fort Frye, by Harley E. Frye, pamphlet, Lowell, OH, 1938; gate 13.

 

Probate Court Record - Volume 1, pg. 223, "Court direct that the Administrator de bonus non on said estate make sale of said land for payment of debts due by the said decedent, agreeably to the atatute.  Attest, Levi Barker, Clerk

 

From Gilbert Devol's administrator's petition to sell land, etc., Probate Court Records, Vol. 3, Pg. 416 - June 1825.  The undersigned administrator, with the will annexed of the estate of Gilbert Devol, Sr., late of Waterford Township deceased, begs leave to represent by Fayette SHerman, his attorney, that the person property of his testor is insufficient to discharged satisfy the just debts due the creditors of the said estate and that the said testors being cognizant of that fact, directed by his last will and testament that the undivided third part of the several tracts of land lying and being in the County of Athens in the 5th Township, sold to pay and satisfy his creditors.  

     To the end therefore that said will be carried into execution, your petitioner prays that Anne Devol, widow and relict of said Gilbert Devol Sr. and Nathaniel Hinckly and Sally, his wife, late Sally Devol; John White and Priscilla White, his wife, late Priscilla Devol; Andrew McClure and Polly his wife, late Polly Devol; Benjamin Beadle and Bathsheba his wife, late Bathsheba Devol (children and heirs at law of said Gilbert Devol Sr. ) and Alpha Devol, Philip Devol, Ruth Devol, William Brown, and Nancy his wife, late Nancy Devol, Hannah Devol, Silas Devol and Sally Devol (children and heirs at law of Wanton Devol, deceased) and Gildeon Devol, Elmer Drury and Betsey his wife, late Betsey Devol, Wanton Devol, Harry Devol, John Bourreus and Electa his wife, late Electa Devol (children and heirs at law of Jonathan Devol, deceased) and Clarissa Cook widow and relict of Joseph Cook Jr., late Clarissa Devol, George Dunlevy and Harriet his wife, late Harriet Devol, Gilbert Devol, Isaac Rice and Lucy his wife, late Lucy Devol, Solomon Goss and Polly his wife, late Polly Devol, William D. Brightman and Sophia his wife, late Sophia Devol, (children and heirs at law of Gilbert Devol, Jr.) and Harrison Devol, Athalinda Devol, Benjamin F. Devol, and Austin Devol (minor heirs of Gilbert Devol, Jr.), whom your petitioner prays may have a guardian appointed, which together with the above named heirs at law your petitioner prays may be summoned to here appear by order of publication or otherwise as the court may direct on the first day of the next term of the Court of Common Pleas holden in and for this county and show cause, if any they have, why said real estate should not be sold according to law to satisfy the creditors of said estate.  Samuel Beach, by Fayette Sherman, his attorney.

     And it appeared to the court that some of the heirs, viz Harry Devol, Althinda Devol, Benjamin F. Devol, and Austin Devol are minors, the Court appoints James English guardian pro tite of said minors to defend their rights in the premises - 4 Feb A.D. 1826.  I hereby certify that the above lands was this day sold agreeable to notice given according to law of Mr. F. Devall for the sum of fifty-six dollars, highest bid.  Samuel Beach, Administrator.

 

BIOGRAPHY: Rhode Island Supreme Court Justice

 

Gilbert Devol was born in Tiverton, Rhode Island in 1740. At the age of 20, he married Mrs. Ruth (Brown) Howland, daughter of John Brown and Sarah White.

 

Gilbert had a distinguished career in Rhode Island public service. He served as a Tiverton Justice of the Peace for twelve years, from 1774‑1786. During that time, he also joined the commission to deal out powder ball and flint (1776) and became a Deputy of the Rhode Island General Assembly in 1780.

He capped off his career as a Justice of the Superior Court of Rhode Island, which heard the famous case of Trevett vs. Weeden in 1786.

 

All of this led to Gilbert being known as "Judge Devol," a name that followed him from the east coast to the Ohio frontier.

 

In 1788 the judge, his wife and family emigrated to Marietta, arriving shortly after the first 48 adventurers. In April of that year, Gilbert joined the second association of 19 settlers who took tracts of land at Waterford, where the family moved April 20, 1789.

 

At the opening of the Indian war, the Devols lived in the blockhouse on the Waterford side of the river. But they soon removed to Fort Frye, a garrison that Gilbert helped build. The family resided there for the duration of what were known as "the Indian troubles," from 1791‑1795. At the close of the war, they settled on the bottom below the village of Beverly.

 

Gilbert's wife Ruth died in 1805, during the 45th year of the couple's marriage. Six years later, on April 4, 1811, Gilbert re‑married, wedding Mrs. Anna (Prentice) Champlin Hatch, of Wooster township, Washington County. Ruth, also a New Englander ‑‑ from New London Connecticut ‑‑ had three daughters by a previous marriage. All three of Anna’s daughters eventually wed Devols:

 

Nancy Champlin married Alpha, Gilbert Sr's. grandson.

Silence married Stephen Jr., Gilbert Sr.'s nephew.

Hanna married Philip, another grandson of Gilbert Sr.

 

These women had come to Ohio about 1800.

 

As to Gilbert. he lived to a ripe old age: 74. He passed away on his farm in 1824.

 

SOURCE:  Devol, Herbert. "Devol, Early Settlers in Rhode Island 1639, and Ohio 1788," 1997.

 

497.     Ruth Brown Howland was born 23 Aug 1731 in Freetown MA (later known as Tiverton, RI). She died 05 Oct 1805 in Waterford Twp, Washington Co, Ohio.

 

Married by Thomas Anthony, Justice of the Peace, Volume 2, Page 29.