Polly Beloat et al vs James Beloat - Transcribed by Gail M. Walczyk
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Polly Beloat et al vs James Beloat
Beloat
vs . . . Bill in chancery
Beloat
1792 March 14 decree for
Partition
To the worshipful Justices of Northampton County in Chancery This Bill of compliant of Polly Beloat and Dalitha Beloat by Thomas Dowty their next friend Humbly complaining sheweth unto your worships your oratrixes Polly and Dalitha Beloat Infant Daughters of Wm Beloat decd that Wm Beloat departed this life on the eighteenth Day of October Anno Domini 1788 duly executed and published his last will and testament which last will and Testament being thereto annexed and words to wit "In name of God Amen &c" your oratrixes pray may be taken as part of this Bill and your Oratrixes do further shew unto your worships that the said Wm Beloat by his said last will gave to his wife after divers devises and Bequests the remainder part of his Estate during her life or widowhood within which said remainder were included the following Negroes to wit Jinny, Adah, James, Jacob, George & Port That the said Wife of Wm Beloat on the __ Day of _____ Anno Domini 1791 intermarried with a certain Thomas Dowty by reason whereof and by force of a bequest afsaid Wm Beloat in his said will contained of said Negroes upon the Death or Intermarriage of his said wife your oratrixes and their Infant Brother James Beloat became intitled to said Negroes equally to be divided between them
But now that your oratrixes and their said Brother James being all Infant sof tender years are advised that they are incapable of making any division of said Slaves among them agreeable to said will which would be deemed firm & Valid in Law without the aid of your worships in chancery
In tender consideration whereof and for that your oratrixes are remediless in the premisses except in this worshipful Court where matters of this property cognizable
To the End therefore that your oratrixes may be relieved in the premisses that a just and equall Division of the said Slaves among your oratrixes and their said Brother James in Compliance with their said Father;s will may be decreed by your worship in such manner as may be most agreeable to Equity & good conscience may it please your worships to grant to your oratrixes the commonwealth's Subpoena to said James Beloat commanding his &c and your oratrixes shall pray &c
The answer of James Beloat by Jno Tankard his Guardian by the Court appointed for this Special purpose To the Bill of Complaint of Polly and Dalitha Beloat against him in the worshipful Court exhibited of this Respondent saving and reserving to himself all Benefit of exception to said Bill of Complaint for Answer thereto or to so much thereof as he is advised is material for him to answer unto answering saith that true it is Wm Beloat the Father of this Respondent and the complainants departed this life as aforesaid [-----] after having made his last will and Testament as in said Bill set forth it is also true that by one of the Bequests in said will contained said Wm Beloat gave the remainder of his Estate within which remainder were contained the Negroes mentioned in the Bill to his wife during her life or widowhood and at her Death or marriage to be equally divided among this Respondent and the Complainants - it is also true that the wife of said Wm Beloat married as set forth in the Bill nor doth this Respondent know any thing to induce him to refuse a just & equal division of said Negroes as prayed in this Bill but being an infant [-----] on your worships (as guardians of all infants within you Jurisdiction) to do your Respondent Justice submits himself to the Judgment of your worships & prays to be dismissed
Source:
_____. Northampton County VA Chancery Causes, 1721-1816. Polly Beloat et al vs James Beloat, 1792-008. Local Government Records Collection, Northampton County Records. The Library of Virginia, Richmond, Virginia. Accessed 26 Mar. 2009, http://www.lva.virginia.gov/whatwehave/local/chancery/index.htm.
© Copyright 2009 by Gail M. Walczyk