From Chalkley’s Augusta County Records:
Vol. 2 - Simon Cockrell vs. John Duncan--O. S. 35; N. S. 12--Bill filed 18th May, 1796. In 1770 William Herbert made a settlement upon waste and unappropriated land on Cubb Creek in Washington County, and occupied it until 1776, when his overseer was killed by the Indians, when Rawley Duncan took possession. Herbert died testate in 1776, which was proved on 3d September, 1776, in Fincastle County, leaving William Herbert as his heir at law, from whom orator purchased. Rawley Duncan obtained a certificate of settlement in 1773. Rawley Duncan died intestate, leaving John Duncan his only son and heir. Townshend Duncan is now in possession.
Benjamin Nicholson deposes in Clarke County, Ky., 16th May, 1798, that in 1775 he knew Rawley Duncan to purchase the tract from James Nalle.
Peter Hutchinson deposes in Russel (?) County, 30th June, 1798, that about June, 1775, he was frequently in company with Robert Elson, who told him that the land he lived on was Harbard's and that he and some of his relations that lived at the same place were employed to keep stock. In the same year he heard a dispute between Rawley Duncan and John Duncan's widow about the plantation at the ford of Clinch,ref name="ford">This is presumably "Hunter's Ford", later known as "Osborn's Ford", where Fall Creek enters the Clinch near Dungannon. The Duncan's owned land on the Dungannon side of the River, while Patrick Porter owned land on Fall Creek.</ref>where they both lived at that time, and understood that Rawley and his brother John were to go halves in the plantation.
William Crunk deposes he lived with the Duncans in the same settlement.
John Fugate (Fugitt) deposed 30th June, 1798, that James McCarthy told him he sold the land to Richard Stanton, and Stauntom had sold to Harbard. It was the first piece of land McCarthy took up in the county. The land McCarthy's corn right was laid on McCarthy bought of David Cowen. 
Thomas Fauster deposes in Wythe County that in 1775 he started for Kentucky and stopped at Robert Elsom's house, who lived on Herbert's land.
Cap. Alexander Ritchie deposes in Clarke County, Ky., 16th May, 1798, that in 1772 William Herbert brought a stock of cattle to Hays Creek and Robert Elsom came with him to take care of them.
Patrick Porter deposes 28th April, 1798, that about 1770-1771 he moved to Clinch and a certain Robert Elsom came about the same time and settled at the head of Hay's Creek.
Rachel Haunspale, late a wife to Robert Elsom, deceased, deposes at Herbert's Ferry in Wythe County, 14th July, 1798, that Robert was employed in 1770 to go to Clinch. Robert together with Rachel's father, William Hayes, went to Clinch and settled at a spring.
Copy of William Herbert's will dated 28th May, 1776, proved in Fincastle County Court, 3d September, 1776. Certified as of the records of Montgomery County, 24th February, 1796, to wife, Sarah, plantation called Poplar Camp, and slaves; to eldest son, William, plantation on Reed Island, where Joseph Barren, Jr., is now living; to youngest son, Thomas, plantation where Josiah Hamilton lives; to eldest daughter, Martha, to youngest daughter, Joanna. William's father and mother are alive and living with him. Certain moneys due him by a Mr. Ozborn, iron mongers in West Street, without Lawful Gale Bristol in Old England.