Holloway Bunting et ux at als vs Obedience White - 27 March 1798 - Transcribed by Gail M. Walczyk
Spelling remains the same.
Bunting &c
Howell &c
vs . . . Bill &c in Chancery
White
March 13th 1798
Decree for Partition &c
Humbly complaining shew unto your worships, your orators & oratrixes Hollaway Bunting Jonathan Bunting & Will: Howell in behalf of Sally, Nancy & Betsey wives of your orators that Obedience, being in his life time & at the time of his death possessed of a considerable real & personal estate a part of which consited of Slaves made his last Will & Testament & duly published the same in writing, whereby he devised sd Slaves to his wife Elisha White during her life, but her death to be equally divided between ye Oratrixes Sally Nancy Betsy & Obedience White Children of sd Obedience White that some time afterward the said obedience White, departed this life having in no wise altered or revoked sd Will that some time afterward the sd Elisha White departed this life to wit on the 19 day of Septr A Dom. 1797 leaving the slaves to wit Jane, Leah & James at whose death your oratrixes became entitled to one fourth part of the afsd Slaves & Obedience White was entittled to one other fourth part of sd Slaves agreeable to sd Will & your Orators & Oratrixes hoped that a Division of sd Slaves might have been made between them & the sd Obedience with out an application to a Court. But now so it is may it please your worships that the sd Obedience White is an infant under the age of 21 years. & Incompetent as your orators were advised to make partition of sd Slaves, so as to be binding & Obligatory on him without the aid of a Court in Chancery. In tender Consideration whereof & for that your orators were altogether remediless in the premisses save only in a Court of Chancery where matters of this Kind are properly Cognizable. To the and therefore that the sd Obedience White may on his corporal Oath true distinct & perfect answer make to the worships that a just & equitable division of sd Slaves may be made by decree of your worships between your orators & the sd Child of Obedience White agreeable to the will afsd & that your orators may be fully relieved in the premisses according to Equity & good Conscience. May it pleas your worships to grant to your orators the Commonwealths writ of Subpoena &c and your orators will ever pray &c
Major Pitts for Complt
The answer of Obedience White, infant child of Obedience White, by Teagle White Guardian by the court appointed to defend this Suit. This Repondent by his sd Guardian saving &c for answer to sd Bill saith that the facts stated in sd Bill are true, & this Respondent cannot deny but that the Complts are entitled to the Slaves in the Bill mentioned in manner as they claim, byt the Respondent is an infant & incapable as he is advised of making a division of sd Slaves, so as to be binding on him he does therefore submit himself to this Court relying on equal & impartial Justice being done in division of sd Slaves without that &c
And this Respdt prays to be hence dismissed &c
Teagle White
Bunting & al
vs . . . Decree &c
White
1798
September 10th returned
& ordered to be recorded
Holloway Bunting & Sally his wife,
Jonathan Bunting & Nancy his wife
& William Howell and Betsy his wife - Complts
vs . . . In Chanc
Obedience White - Deft
Teackle White is appointed Guardian to the Deft for the special purpose of defending this Suit And it is decreed & ordered that Hezekiah Pitts, William Christian & Caleb Smith, or any two of them do divide Jane, Laer & James the Slaves in the Bill mentioned, by Sale or otherwise, between the Complts & the Defts in the following manner to wit, to the Complt each one fourth part in right of their wives & the Deft on other fourth Part; and return here &c And that the Costs to be borne by the parties inproportion to their several rights
A Copy Teste
Thos Lytt Savage ClC
the Clk 385 Cents
Lawyer 60/.
return 125 Cents
[Total] 5.10
Pursuant to a Decree of the worshipfull Court of Northampton County we the Subscribers have mad partition of the Slaves belonging to the heirs of Obedience White Decd by sale, the Expences being borne equally by the parties we have allotted to each, one fourth part as directed by sd Decree Viz Twenty four pounds nine Shillings and two pence three farthings, to Holloway Bunting in right of his Wife, and Twenty four pounds nine Shillings and two pence three farthings, to Jonathan Bunting in Right of his wife, and Twenty four pounds nine Shillings and two pence three farthings, to William Howell in Right of his wife, and Twenty four pounds nine Shillings and two pence three farthings, to Teagle White as Guardian to Obedience White defendant
Caleb Smith
Hezekiah Pitts
March 27th 1798
Sources:
_____. Northampton County VA Chancery Causes, 1721-1816. Holloway Bunting et ux at als vs Obedience White, 1798-004. 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