Robert C. Lilliston et ux vs Patsey Andrews et al etc. 1810 - Transcribed by Gail M. Walczyk
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Friendly Bill Chancery
Lyliston & Ux
vs . . . Bill &c in Chan
Andrews &c
To the Worshipful Justices of Northampton County Court in Chancery
Humbly complaining sheweth unto your Worships your orator and oratrix Robert C. Lyleston and Nancy his wife: that Samuel Cox the father of your oratrix was in his life time & at ye time of his death possessed of a considerable personal Estate among which were the following Slaves to wit Jeffry and comfort which were assigned to his Widow the mother of your Oratrix as her dower in the Salves of Samuel Cox the father of your oratrix and Patsy Andrews widow of Major Andrews Deceased and Samuel Cox - That Susannah Cox the widow of sd Samuel Cox after the death her sd husband Samuel intermarried with a certain Richd Nottingham and is since also dead & all of her sd children by Samuel Cox are now alive & in being so that your Orator & Oratrix are entitled to have division of the said Slaves in manner following, to wit, to your Orator Robert C. Lyliston & Nancy his wife in right of his wife one third part to hold as their own proper Slaves, to Patsy Andrews on third part and to Samuel Cox one third part to hold as aforesaid, agreeable to the act of Assembly in such case made & provided. But now so it is may it please your worships that the sd Patsy Andrews & Samuel Cox are infants of tender years & incapable as your orator & oratrix are advised to make division of said Slaves so as to be valid and binding upon them without the aid of a Court of Chancery In tender consideration whereof and for that your orator & oratrix are remediless whereof and fot that your orator & oratrix are remediless in the premisses without the aid of your worships in Chancery In tender consideration whereof and for that your orator & oratrix are remedless in the premises without the aid of your worships in chancery To the and therefore that the sd Patsey & Samuel may true, perfect, & distisct answer make to all & singular the premisses, as truly & particularly as if here again repeated & they interrogated, & that a division or sale or otherwise if said Slaves may be inforced by your worships between the parties aforesaid agreeable to law in such manner & by such means as to your worships may seem meet &c May it please your worships to grant unto your orator & oratrix the Commonweath writ of Subpoana &c
The Answer of Patsey Andrews & Samuel Cox by their guardian Richd Nottingham Specially appointed by the Court to defend this suit These respondents saving & reserving for answer thereto or so much thereof as they are advised is material for them to answer unto say that the facts stated in sd bill are true, & these repondent have nothing to say or alledge against a Division being made of the slaves in the bill mentioned agreeable to law & the prayer of the bill, And therefore the submit to this Court to make such decree in the premisses as to them may [-----] consistent to have & Justice, without that any other matter &c & pray to be hence dismissed the court &c
Richard Nottingham
Lilliston & Ux
vs . . . Supa in Chan
Andrews &c
1809 Nov 21st Continued
Decemr: 11th Decree for Division &c
1810 April 10th Division retd & final Decree
The Commonwealth of Virginia to the Sheriff of Northampton County, Greeting We command you that your summon Patsey Andrews & Samuel Cox to appear before the Justices of our County Court of Northampton in Chancery at the Court House on the second Monday in November next to answer a Bill in Chancery exhibited against them by Robert C. Lilliston and his wife, and this they shall in no wise omit under the Penalty of L100 - And have then there this Writ: Witness Thomas Lyttleton Savage Clerk of our said Court at the Court House the 21st day of October 1809 in the 34th Year of the Commonwealth
Thomas Lyt. Savage
Sources:
Robert C. Lilliston et ux vs Patsey Andrews et al etc., 1805-010. Local Government Records Collection, Northampton County Records. The Library of Virginia, Richmond, Virginia. Accessed 20 May, 2009. <http://www.lva.virginia.gov/whatwehave/local/chancery/index.htm>
© Copyright 2009 by Gail M. Walczyk