WILLIAM B. CLARK and ELEANOR "ELLEN" (PATE) CLARK COMSTOCK HAMBLETON by Linda Sparks Starr MAY 1999 William B., eldest child of Thomas Martin and Mildred (Moorman) CLARK, was born 1789 or 1790 (based on their marriage date) in Campbell County, Virginia. [TMCLARK.txt] His family moved to Breckinridge County, Kentucky in 1809. Eleanor was the daughter of Edward PATE and Mary (CRAWFORD), who were living in Botetourt County, Virginia April 14, 1793 when she was born. The PATEs were early residents in Breckinridge County, probably arriving when Eleanor, called "Ellen" in later years, was only a toddler. The over 21 years old William applied for a marriage license 3 APR 1811; [1] Eleanor was almost 18. The marriage itself is widely reported as April 11, but no confirmation has surfaced to support this date. Thomas Martin Clark died before October 12, 1811, [2] the date William and his mother appeared in court to begin the legal process to administer Thomas's estate. In 1817 William's brother-in-law and sister, Calvin and Mildred (Clark) HENDRICK, seeking a final settlement, brought a lawsuit against the estate. (This Calvin Hendrick is not to be confused with his nephew Calvin Hendrick--yet another Moorman cousin--who married Nancy Miller, daughter of Christopher.) In this action [3] William was appointed guardian of the "Defendants", his siblings who were not yet 21 years old. At the subsequent sale of Thomas Clark's slaves, William purchased Fanny for $400, the money to be paid a year from May 6, 1817. [4] William was Commissioned Justice of Peace of the Breckinridge County Court [5] the summer of 1818. In September he witnessed a deed between William Hardin Sr. and Ephraim Comstock. [6] William Clark died sometime between witnessing this deed and November 16 when Eleanor appeared in court [7] to take the first step to administer on William's estate. She, with her father as her "security", entered a bond in penalty of $2,000 if she mismanaged the estate. William left a 25 year old wife and three girls under seven years old. Additionally, a deposition of his father-in-law [below] "suggests" William was still living on his father's land, thus taking care of his widowed mother and unmarried siblings. Court records cited below and Deed Book M, page 301-2 when Thomas Clark's land was divided after his widow's death, names the daughters and their spouses: Eliza Jane born 28 JAN 1812, died 26 JUL 1886 married William "Billy" MILLER 20 FEB 1832 Mary P. born c1814 married John W. BALL 11 DEC 1832 Mildred married Daniel DeJarnett Ephraim COMSTOCK Eleanor, as did most young women in that day, found another husband-- himself a recent widower. She and Ephraim Comstock were married 27 JAN 1819. [8] Ephraim's first wife, Patsy R. (Williams) died in childbirth around 30 NOV 1817. Thus, the newly formed household had four daughters under the age of eight. Later that summer Edward Pate appeared in court [9] with an ultimatum: Ephraim was to either put up additional security money to protect Edward's bond as security for Eleanor as administrator of William Clark's estate or they were to deliver up William's estate to the court. This move by Edward Pate may have been nothing more than a legal technicality; however, it closely followed Ephraim's former father-in-law's request [10] to be removed as security for Ephraim as Administrator of Ephraim's father's estate. 18 OCT1819 Edward deeded land to "Ephraim Comstock and Ellen his wife ... for and in consideration of ... one dollar and ... natural love and affection ... [for] daughter Ellen Comstock ... containing one hundred acres ..."[11] Note the name "Ellen" here. The Comstock's sold [12] this land 31 MAR 1821 to Ephraim's grandfather for $50. Other records "suggest" they needed money more than land. Ephraim's name appears on the Sheriff's list of delinquents "chargeable with county levy for the year 1820, collectible in 1821". [13] Ephraim was charged later that year with two tithables (white males over the age of 16 or 21) and declared "insolvent". Meanwhile, 15 MAY 1820 John DeJarnett, (MOORMAN cousin), appointed guardian of the three daughters of William B. Clark 17 JAN [14] filed a motion to force Ephraim and Eleanor to settle their accounts as administrators of William's estate. Lest one think the court was stacked against them, one of the court-appointed Commissioners was Eleanor's Uncle Samuel Crawford (Jr.), whose brother was husband of Ephraim's aunt. And then Ephraim's former father-in-law Amos Williams appeared in court [15] 21 AUG 1820 asking for guardianship of his granddaughter, Dorcus Comstock, then living with her father. Custody was granted 19 FEB 1821. That was a momentous year for Ephraim and Eleanor: one infant was removed from their household (could it be by mutual consent?) and a son, Napoleon Bonaparte, was born August 22. Things went from bad to worse for Ephraim and Eleanor. The same time they sold the land given them by Edward Pate, they also sold William's slaves. Someone representing the CLARK daughters (probably John DeJarnett acting as their guardian) brought suit against the Comstock's as soon as the land sale was learned. Legal processes moved slowly; the Justices didn't make their decision in the case William B. Clark heirs agt Ephraim Comstock et al for another year. [16] However, we learn bills were answered and depositions taken from all parties well before this date. One of the parties was Eleanor's father, Edward Pate. His deposition is the reason behind my earlier statement that William and Eleanor were living on Thomas Clark's land, perhaps caring for his widow and minor children. According to the deposition, Edward had first offered the land to William Clark with the stipulation that William "remove and Settle upon the land". Now in retrospect, Edward said this land which he deeded to Ephraim Comstock and Ellen, was actually given for the benefit of his Clark granddaughters. The court sided with the girls; the sale of William's slaves was declared fraudulent and ordered void. Additionally, the 100 acres was to be returned by Comstock to the Clark girls before the coming January. And if for some reason the Comstocks refused, Joseph Allen was to execute the transfer at an additional cost of $40. To top it off, the Comstocks were ordered to pay the defendant's costs for this action. Four years later William's estate was finally settled by the lawsuit William B. Clark heirs against Ephraim Comstock et al. [17] Eleanor is named in the body of the suit. The Justices were more lenient this time. The Comstocks were ordered to pay the girls $116, the balance due after the division of the widow's dower. The judge then turned around and ordered the girls to pay the Comstocks $116 for maintaining them the intervening years; each party was ordered to pay their own costs. One suspects this suit might be part of the agreement between Eleanor and Ephraim to end their marriage. Research in Breckinridge County and at Kentucky Historical Society in Frankfort has failed to locate a divorce decree; but, they must have divorced, for both married again. Interestingly, neither of the subsequent marriage records has surfaced. Edward HAMBLETON Eleanor's third husband was Edward Hambleton, whose brother, Charles, married Eleanor's sister, Jane Pate in 1818. A HAMBLETON family researcher estimates their eldest child's birth as 1829; thus they married late 1827 or early 1828. At the time Edward was in his late twenties and Eleanor in her mid-thirties. She had four "known" children, two teen-aged daughters and two adolescents. The 1830 census shows an unidentified boy under five in their household and only one of her CLARK daughters . Based on other census records and HAMBLETON researchers, the children listed for this marriage include: Sarah b. c1829 Letitia E. born August 1831 Mason E. born 1833 Charles Dudley born November 1837. One of the last records we have for Eleanor is our "proof" that Eleanor (Pate) Clark Comstock is the same person as Ellen (Pate) Hambleton. Among the heirs named in the final division of Edward Pate's land [18] was "Eleanor Hambleton and Edward Hambleton, her husband." Within the legal boundaries along with various trees and creeks is: "corner of the tract laid off for E. Comstock's wife." Eleanor "Ellen" (Pate) Clark Comstock Hambleton died during the 1860s. [1] Vol. 1, Breckinridge County KY Court Records, p. 200. [2] Breckinridge County, KY Deed Book C. [3] Breckinridge County Circuit Orders Book 3, page 362, Wednesday April 23, 1817, William B. Clark, Eliza Clark and Defendants. [4] Report of Sale to Court July 21, 1817. [5] Breckinridge County Court Record Book 2, page 306. [6] Breckinridge Court Records, vol. 4, page 355. [7] Breckinridge County Court Minute Book 2. [8] _Comstock-Haggard and Allied Families_ by Mary Jane Comstock, 1973 [9] Breckinridge County Order Book 3, page 69. [10] Breckinridge County Court Record Book, 17 NOV 1818, page 16. [11] Breckinridge County Deed Book E, page 55, 18 OCT 1819. [12] Breckinridge County Deed Book ___, page ___ (possibly Book F-specific citation not provided when copy was sent to me.) [13] Breckinridge County Court Record books 2 & 3, 20 NOV 1821, page 254. [14] Breckinridge County Record Book 3, page 112. [15] Breckinridge County Court Record Book, page 156. [16] Breckinridge Co. Circuit Court Order Book 5, page 415-416, October 27, 1822 [17] Breckinridge Co. Circuit Court Order Book 7, April 22, 1826 [18] Breckinridge County Court Book 14, page 239-240, April 9, 1860.