William Edmunds & Wife vs Admr of William Wyatt 1804-007 - Transcribed by Gail M. Walczyk
Spelling remains the same
Edmunds
vs . . . . . In Chy
Wyatt's Admr
Bill
JW
Plts Costs to wit
Cents
Clerks 683
Sheriffs 51
Tax 50
Witnesses
583
Total 1367 Cents
To the worshipful the Justices of Accomack county
in chancery Humbly complaining sheweth unto your worships your orator and Oratrix
William Edmunds and Peggy Satchell his wife. that a certain Jonathan Garrison Senr.,
late decd. the grandfather of your Oratrix, being in his lifetime, to wit, the
day of possessed of the absolute property in sundry slaves, and having at
the same time several children and grandchildren among whom he was desirious to give
and distribute his sd. Slaves, did upon the day and year afsd. give and dispose among
his children and grandchildren the whole of the slaves of which he was possessed;
and among others so disposed of, gave to your Oratrix, who was then an infant of
tender years, a Negro girl named Alicia. --- that at the time of the sd. gift your
Oratrix, the sd. girl Alicia lived with William Wyatt the father of your Oratrix,
who had intermarried with Anne the mother of your Oratrix and daughter of the sd.
Jonathan Garrison who had permitted him to have the service of sd. girl for several
years prior to sd. gift. --- That the Gift of sd. Slaves were made at the time afsd
in the presence of Witnesses which was afterwd. proven by sd. Witnesses before Levin
Joynes esqr a Justice the certificate of which hath since been lost or mislaid so
as not to be in the power of your Orator now and possession of them were then immediately
delivered to the different children who were at age to receive them, but the sd.
Salves so given to your Oratrix was still permitted to remain with her father, on
acct. of the infancy of your Oratrix. --- That after disposing of His slaves as afsd
to wit, upon the 18th Jany 1789 the sd. Jona. Garrison duly made and published his
last will and testament in writing, which since his death has been proven in this
court and admitted to record, a copy of which is hereto annexed; by which will he
had not disposed of any slaves specifically nor was an inventory made of any slaves
belonging to his estate, after his death by his Exors. as will appear by the Inventory
of his estate of record, a copy of which is hereto annexed but by his sd. will after
devising his lands and certain specific & pecuriary legacies he gave all the remainder
part of his estate to be equally divided between his son Isaiah Garrison & your Oratrix.
that your Oratrix intermarried with your orator upon the day of while she
was under age. --- that your Orator and Oratrix after their intermarriage permitted
her father Wm. Wyatt to hold the sd. Slave Alicia, who has shim had a child named
Ananias; to which sd slaves the sd. Wm. Wyatt in his lifetime never had any pretence
of title, further that to hold them under the permission of your orator & Oratrix,
that they knew or heard of. --- That the sd. Wm. Wyatt has lately to wit upon the
day of 180 departed this life, intestate and administration on his estate
hath been, to wit, upon the 27th day of decr 1802 granted to a certain Ismae Wyatt.
--- That upon the death of the sd. Wm. Wyatt and the qualification of his admr as
afsd your Orator and Oratrix mad application for the sd. Slaves Alicia & Ananias
and had no doubt that they would have been permitted to take the peaceable possession
of them & had expectation that their title to them wd. have been doubted or disputed.
But so it is may it please your Worships that the same Ismae Wyatt admr. of sd. Wm.
Wyatt holds the sd. Slaves and altogether refused to permit your Orator and Oratrix
to take possession of them sometimes pretending and alledging that the sd. Slave
Alicia was given to the mother of your Oratrix by the sd. Jona. Garrison prior to
the gift to your Oratrix & at other times that no gift at all of sd. slave was ever
made by the sd. Jona. Garrison in his life time and that his sd. Intestate having
had the sd. slave for the space of five years that he had acquired a good and legal
title to the same; & by those & such like frivolous pretexts pretends to hold the
sd. salve as belonging to the estate of sd. Wm. Wyatt & will not permit your Orator
& Oratrix to have possession of them Which actings and doings of the sd. Ismae Wyatt
Admr. as afsd. are contrary to equity & tend much to the injury & wrong of your Orator
& Oratrix. --- In tender consideration whereof and forasmuch as your Orator & Oratrix
cannot have relief in the premisses save only in a court of chancery Where matters
of this kind ore properly cognizable; to the end therefore that the sd. Ismae Wyatt
Admr. afsd may be made Deft. hereto & may on oath true distinct and perfect answer
make to all and singular the premisses afsd. as fully as if the same were here again
particularly repeated and interrogated & that your Orator may be be sold in all &
singular the premisses according to equity and good conscience may it please your
worships to grant the Com: Wealths writ of Spa to the sd. Ismae Wyatt Admr. afsd
to be directed &c.
Wise for Complt.
Edmunds & ux
vs . . . . . Sums Chy
Wyatts
Admr.
Sumond for J Corpper
The commonwealth of Virginia to the Sheriff
of Accomack County greeting we command you that you summon Esme Wyatt administrator
&c: of Wm. Wyatt decd. to appear before the Justices of our said Court on the last
Monday in March Next then and there to answer a bill in chancery exhibited against
him by William Edmunds & Peggy his wife and have there then this writ witness Litt
Savage clerk of the said Court at the Court house aforesaid the 3d Day of February
1803 in the 27th year of the Commonwealth
Litt: Savage ClC
The answer of
Ismay Wyatt admr of Wm. Wyatt to the bill of complaint of Wm. Edmunds & Peggy Satchell
his wife against him exhibited. this Respondent saving and reserving to himself all
Benefit of exception to the said Bill for answer thereto, or to so much thereof as
the respondent is advised is material or necessary for him to make answer unto, answering
saith, that, true it is the Negro Slave called Alicia did formerly belong to Jonathan
Garrison Senr., the father of the wife of Wm. Wyatt, and grandfather of the female
Complaint, Wm Wyatt did on Day of Anno Dom. 17 did marry the Daughter of
said Jonathan Garrison, after having had a child, after having a child, the female
complaint, by the said Ann the Daughter of sd. Jonathan Garrison, from the time of
said marriage, to the Day of the Death of said Wm. Wyatt, the said Slave Alicia continued
in possession of said Wm. Wyatt, she was always considered, as this respondent understood,
and believes, the property of said Wm. Wyatt, form the time of his marriage, to day
of his Death, the respondent is well assured, said Wm. Wyatt considered her and her
child his own property, for the respondent well recollects that the said Wm. Wyatt,
attempting to make his will, spoke of giving the child of said Alicia to his son,
but his illness prevented his making the will; and no disposal of the child or any
other of his property was made; the Respondent further states that he hath understood,
and believes, that the said Slave Alicia, was long before the marriage of Ann the
Daughter of said Jona. Garrison as well as after the marriage, called, and considered,
in the said Garrison's family as the property of said Ann, and that upon the marriage
she was delivered to said Wm. Wyatt as the said Ann's property, and always hed so,
by said Wm. Wyatt, without any claim to her by the Complainants or any other person;
This Respondent does not know any thing of any gift of said Slave; or deed, from
said Jona. Garrison to the female complainant, he doth not conceive that any such
gift or Deed ever was made, or if made, he presumes it must have been many years
subsequent to the possession of said Wm. Wyatt and his wife, which possession, the
respondent doth conceive was obtained in consequence of a gift for said Jno. Garrison
to his said Daughter Ann; so that, such gift of the slave, as is spoken of in the
bill could have no Effect: The female complainant, as has been before stated was
born before the marriage of said Wm. Wyatt, but the said William Always recognized
her, as his child, and upon this respondent's having proposed to said William, to
make his will in Favor of said complainant, he the said Wm. Wyatt, replied to this
respondent, that he had already given to her a full share of his property, or as
good a share as his other children would have, excepting his Land; and at this time
the respondent hath no doubt, but said Wm. Wyatt, considered himself well entitled
to said Slave Alicia, and her child, and viewed them as his own, in the estimated
he had mad of his property: the respondent cannot therefore conceive, that Wm. Wyatt
ever held said said slave or her child, under, or by any permission of the complainants;
if indeed, the complainants had title to said Slave & her child, the respondent dot
consider it highly probable, that the title would have been claimed in the life-time
of Wm. Wyatt, and no doubt it their title could have been established, they would
have taken possession of said Slave, and not permitted her to remain with said W.
Wyatt; their not having asserted their title, or claim, to said salve, and child,
during the life of said Wm. Wyatt, and the Slave having continued in possession of
said Wm. during his life, after his marriage, together with the general report, &
understanding, in the neighbourhood, that the said Slave was the property of said
Wm. Wyatt's wife, before her marriage, is satisfactory proof to this respondent that
the said Slave and her child, are the property of said Wm. Wyatt; it is thereupon
and not on any frivolous pretext, that this respondent, as admr. of said Wm. Wyatt,
holds the said Salve Alicia & her child. Without that that &c all which matters &
things &c and this respondent prays to be hence dismissed with his costs &c
Geo.
Parker for Defendt.
accomack Ct to wit
Ismay Wyatt Admr. of Wm. Wyatt,
makes oath before me Thos Fletcher a Justice of the Peace for the cy afsd. that the
Facts in this answer stated, so far as within his own knowledge are true and so far
as within the Knowledge of others, he believes them true Given under my hand this
27 Day of March A. D. 1803
Thomas Fletcher
Edmunds & ux
vs . . . . .Ded:
Wyatts
Admr
The deposition of John Mahollums of the County of Accomack being of lawful
age and Sworn on the Holly Evengelis of Almighty Gid deposeth & sayeth that he the
said John Mahollums frequently herd William Wyatt deceasd say & Acknowledge that
a Negroe garl Named Lisha belongd to Peggy Satchell Garrison which Negroe the said
William Wyatt then held in possession and that the said Negroe garle Names Lisha
was given the said Peggy Satchell Garrison by hir Grandfather Jonathan Garrison &
further this depondent sayeth not. --- Given under our hands this 1st October 1803
John
Mehollums
The deposition of Peggy Mehollums of lawfull age being Sworn on
the Holly Evengelis of Almighty God deposeth & sayeth that she frequently herd William
Wyatt deceasd say that a Negroe garle called Lisha then in his possession belongd
to Peggy Satchell Garrison. & further ths deponent sayeth not, Given under our hands
this 1st October 1803
Peggy Mahollumes
Edmunds & ux
vs . . . . . Comm.
Wyatt's
Admr.
The Commonwealth of Virginia, to John Teackle & Zorobable Joynes Gentlemen,
greeting: Know ye that trusting to your fidelity and provident circumspection in
deligently examining Witnesses as well on behalf of Wm. Edmunds & Peggy his wife
as on behalf of Esme Wyatt admr. of Wm. wyatt decd in a certain suit in chancery
between them depending in our court of Accomack County command you or any two of
you that at such certain days and places as you shall appoint, you assemble yourselves
and the Witness aforesaid, before you or any two of you, you call and cause to come
and diligently examining on the Holy Evangelist of Almighty God and their examination
into our Court of our said County, you shall send and certify inclosed without delay,
under your Seals sending then there this Writ. Witness Littleton Savage, Clerk of
our said Court, at the court-house, the 4th day of May in the year of our Lord one
thousand eight hundred and four and of the Commonwealth the twenty 8 year
Litt:
Savage ClC
The deposition of Rosey Joynes of lawfull age being first sworn
on the Holly Evengelis of Almighty God this 1st day of October 1803, deposeth & sayeth
that in the year 1796 that she herd William Wyatt say to Peggy Satchel Garrison your
are always wanting finery & Jwells Sell Lish to pay for it Peggy Reply, daddy how
can you sell Other peoples property for Grandfather gave hie to me if that is the
case he replyd I will be paid for bringing up your Negroes, (Caleb Harrison askd
how she claimd hir right if she was not given by Will, William Wyatt answer was Lish
was given Peggy Satchell Garrison before Witnesses & believd it was Wm Harmon & Lear
Garrison & he the said William Waytt Supposd the right was as good as if she had
been given in Jonathan Garrisons will if there was ever any dispute to arise about
it & further this deponent sayeth not
Rosy Joynes
Edmunds & ux
vs .
. . . . Ded:
Wyatts Admr
The commonwealth of Virginia to John Teackle Zerobable
Joynes & George Mahohms Gentlemen, greeting Know you that we trusting to your fidelity
and provident circumspection in deligently examining Witnesses as well on behalf
of Wm. Wyatts admr. deft. and Wm. Edmunds and Peggy Satchell his wife Complts. in
a certain suit in chancery now pending in our county Court of Accomac between the
parties afsd. command you or any two of you that at such certain days and places
as you shall appoint, you assemble yourselves and the Witness aforesaid, before you
or any two of you, you call and cause to come and diligently examining on the Holy
Evangelist of Almighty God and their examination into our Court of our said County,
you shall send and certify inclosed without delay, under your Seals sending then
there this Writ. Witness Littleton Savage, Clerk of our said Court, at the court-house,
the 4th day of June in the year of our Lord one thousand eight hundred and four and
of the Commonwealth the twenty 8 year
Litt: Savage ClC
Edmunds & ux
vs
. . . . . Deds
Wyatts Admr
The Deposition of Nancy Husley of lawful age,
a witness for the Defendant, who being first duly sworn deposeth and saith, that
she was present at her mother's who was also the mother of Wm. Wyatt, when a message
was sent to Wm. Wyatt, by Jonathan Garrison, to come to his house, in the last illness
of Jonathan Garrison, a Day or two before his Death; The Deponents Brother went in
consequence of the message, and this Deponent was present when said Wm. Wyatt returned;
the Deponent's mother asked said Wm. Wyatt, what said Jonathan Garrison wanted with
him, said Wm. Wyatt replied, that said Jonathan Garrison told him he intended, by
his will, to give what he had intended for his Daughter Nancy to his grandaughter,
the female Complainant, and that he Jonathan Garrison wished him, Wm. Wyatt, to give
the Negro Alicia, to his the said Jonathan Garrison's Grandson Kieley, who was the
son of said Wm. Wyatt, and the said Wm. observed, he had agreed to do so: but said
Kieley afterwards died, in the life-time of Wm. Wyatt; The Deponent always heard
and understood, that the Negro Alicia was the property of Nancy the wife of Wm. Wyatt
before the marriage and of Wm. Wyatt on his marriage with said Nancy; the said Negro
continued with Wm. Wyatt, or under his direction during his life after his marriage,
and going to housekeeping, and the Deponent never heard of the claim of any person
to said Slave, from said Wm. Wyatt during his lifetime. And further the Deponent
saith not.
Nancy Hurley
The foregoing Depositions, to wit, of Sarah Harmon
Zorobabel Joyne, Adah Garrison, Tho. Burton, and Nancy Husley were taken this 28th
of Sept. 1803 at the house of Robt. Snead in presence of the parties, and their attornies,
upon due notice &c in conformity to the annexed commission --- before us the Subscribers
Commissioners, Sworn & &c
John Smith
Tho Parker
William Edmonds & wife
Plt.
agst.
Isma Wyatt Admr. of William Wyatt decd Deft.
Peggy Joynes's
Depon
Deft
the
deposition of Peggy Joynes aged thirty Seven years who first being duly Sworn on
the holy Evengilists of almighty Godd --- deposeth and Saith that when William Wyatt
Married his first wife Nancey, daughter of Jonathan Garrison, and went to house keeping
the Sd. Nancey his wife Carryed a Certain Negro girl with hir namd. Elisha, which
Sd. Negro garl Elisha, this deponent Says She always understood was given to S. Nancey
Wyatt by hir Father Jonathan Garrison --- & Sd. Nancy Wyatt kep the Sd. Garl Elisha,
to the day of hir death which was Some years by how many this deponent does not recollect
--- The deponent Remembers that Sd. William Wyatt continued to keep house one year
after his wife Nancey died and kep the Sd. Negro Elisha as his property --- S.. Wm.
Wyatt then brokeup houskeeping the begining of the year 1788 and movd his bourd with
his father Joshua Wyatt & [-----] the Sd. Negro garl Elisha went to wate and work
in the family of Jonathan Garrison as a Compinsation as this deponent understood
for S. William Wyatts daughter Peggy Satchell Garrison Expences, who was then living
with her grandfather Jonathan Garrison --- Sd. Jonathan Garrison died the begining
of the year 1798 and the Same year S. William Wyattt hired the Said Negro garl Elisha
to Susey Garrison widow of Sd. Jonathan Garrison for forty shillings --- & Sd. William
Wyatt hired Sd. Negro garl Elisha the year of 1790 to Berry Floyd for forty Shillings
--- & Sd. William Wyatt then Married a second time and took home the Sd. Negro garl
Elisha and kep her to the day of his death which hapend in the year of 1802 --- and
further Saith not.
Peggy Joynes
July 7. 1804
The foregoing deposition
was taken at Bellhaven the & Inst in the presence of the parties
John Teackle
Zorobabel
Joynes
William Edmunds & wife
vs
Isma Wyatt Admr. W. Wyatt
The
deposition of William Groten of lawful age being first duly Sworn on the Holy evangalist
of almighty god deposeth and Saith, that he ofter frequented the House of Jonathan
The grandfather of S. Complainant, and Heard the sd. Jonathan Garrison say that a
certain Negro Girl called Lish, belonging to him said Jonathan, he gave to his grand
daughter Peggy Satchell Garrison now the wife of William Edmond the Plaintiff this
deponent further saith that He heard William Wyatt the father of sd. complainant
say that the sd. Negro Lish which he had in his possession belonged to his daughter
Peggy Satchell Garrison agreeable to the Gift of Her grandfather and further this
deponent saith not
Wm Groten
The foregoing deposition was taken in the
presence of the parties and agreable to a commission to us directed June 13th 1804
John
Teackle
Zorobable Joynes
Edmunds & ux
vs . . . . . Deds
Wyatts Admr
The
Commonwealth of Virginia to Jno Smith Thos. Parker, Jno Teackle jr & Robt Twiford
Gentlemen, greeting: Know ye that we trusting to your fidelity and provident circumspection
in deligently examining Witnesses as well on behalf of Wm. Edmunds and Peggy Satchell
his wife Complainants on behalf of Wm. Wyatt's Admr. Defendt. in a certain suit in
Chancery no pending in our county court of Accomack between the parties afsd. command
you or any two of you that at such certain days and places as you shall appoint,
you assemble your selves and the Witnesses aforesaid, before you or any two of you,
you call and cause to come and diligently examine on the Holy Evangelist of Almighty
God, and their examination into our Court of our said County, you shall send and
certify inclosed without delay, under your seals, sending then there this Writ. Witness
Littleton Savage, clerk of our said Court at the court-house the 29th day of July
in the year of our Lord one thousand eight hundred and three and of the Commonwealth
the twenty 8th
Litt: Savage ClC
Wm Edmunds & wife Complts.
vs . . .
. . In Chancy
Wm. Wyatts Admr. Deft.
The deposition of Wm. Harman of lawfull
age being first duly sworn deposeth and saith, That about twelve months or something
more, prior to the death of Jonathan Garrison, the grandfather of the female Complainant,
he the deponent with his wife went to the house of sd. Jonathan, who lived in his
neighbourhood, and who was the sick, to see him. --- That while the deponent & his
wife were there, John Smith esquire, Matchapungo, who was there also, and this dept.
were called on by the said Jonathan Garrison, some time in the evening after dark,
and after the said Jonathan Garrisons wife had retired to another room to sleep,
to attest a gift of sundry Slaves from him to his children & grandchildren. --- That
the said slaves which were four in number & whose manes were Martha, London, Jacob
& Alicia were then disposed of by him in he following manner, to wit, the sd. Martha
was given to his son Isaiah London to his son Abel, Jacob to his son George and Alicia
to his grandaughter Peggy Satchell the female Complt. --- That after the death of
sd. Jonathan Garrison this deponent and the sd. John Smith were called upon by Isaiah
Garrison and went before Levin Joynes esquire and made affidavid of thee gifts as
before stated, which affidavit was delivered to Isaiah Garrison. --- This deponent
remembers that at the time of the sd. Gift, the sd. Isaiah Garrison was present and
recd. the sd. Martha so given to him, and that sd. Abel Garrison was also present
and recd. the sd. London so given to him but whether the sd. George Garrison and
the female Complt. were there or the Negroes so given to them, this deponent cannot
now recollect. --- The deponent also saith that the female complt. at the time of
sd. Gift was, he supposes about seven years old. --- & as well as he can recollect
he thinks sd. gift was after the death of the female Complts. mother. --- Sd. Jonathan
Garrison died on the night suceeding the day on which his will was made. And further
saith not.
William Harman
The deposition of John Smith of lawfull age being
also duly sworn deposeth and saith, That he was present at the same time spoken of
in the foregoing deposition of Wm. Harman That the sd. Jonathan Garrison gave to
is son Isaiah his slave Martha, to his son Abel his slave London & to his son George
his salve Jacob, that the sd. slaves were delivered by the hand respectively to his
sd. three sons and the sd. Jonathan the declared that live or die they weere no longer
his salves but the salves of his sd. children; but this deponent cannot now recollect
of seeing the female complt. there at that time, or the sd. Slave Alicia nor hath
he any recollection of the gift of sd. Slave to her. This deponent also saith he
had been before informed by the sd. Jonathan Garrison that he intended to dispose
of all his slaves in his life time to prevent his wife having dower in them in case
she should survive him, and had requested the deponent to take the opinion of George
Corbin decd for him to know if it could be done in that way; & this deponent understood
the gift before spoken of were made with that intent. --- The deponent also saith
that after the death of sd. Jonathan Garrison he and the sd. Wm. Harman were called
on by the said Isaiah Garrison & went with him to the house of Colo. Levin Joynes
decd. and made affidavit before him of the sd. Gifts, which affidadavit was delivered
to sd. Isaiah Garrison. --- The deponent saith that the female complt at the time
of sd. Gift was as he supposes, about seven years old. --- He thinks that the mother
of the female complainant was dead at the time of the gift afsd. sd. John Garrison
died the night suceeding the day on which his will was made. & further saith not
John
Smith
The foregoing depositions of Wm. Harman and John Smith were taken this
30th day of July 1803 a the house of Eliza Lecatt, by virtue of the annexed commission,
in presence of Wm. Edmunds one of the complainants and his attorney; notice to Esme
Wyatt the Deft. being proven by the oath of Chas. Stockly to have been given on the
26th Inst. that they would be taken on this day at this place
Tho. Parker
Robt.
Twiford
Wm. Edmunds & wife Complts
agt . . . . . In Chy
Wm. Wyatt admr.
Deft.
The deposition of Sarah Harman of lawful age being first duly sworn
deposeth & saith, --- That she this deponent has frequently hears Susanna the last
wife of Jonathan Garrison, the grandfather of the female complainant, say that her
husband the said Jonathan Garrison intended to give a negro girl named Alicia to
his grandaughter Peggy the female Complainant. --- She also saith she has ofter heard
her sister mary Wyatt who was a neighbour to sd. Jonathan Garrison say that she frequently
heard sd. Jonathan declare his intention to five sd. Negro Alicia to his sd. Grandaughter
--- She saith, however, she cannot say at what particular times she has heard the
sd. Susanna & Mary, both of whom are now dead, mentioning the afsd circumstance,
nor does she remember whether they related at Wat times they had heard sd. Jonathan
speak of ti. --- She also saith that she was present at the time spoke in of by her
husband Wm. Harman, and John Smith esqr. in their depositions taken in this cause,
at the house of sd. Jonathan Garrison, but she was not called out to attest the gifts
of slaves spoken of by them, but she well remembers that going home that night her
sd. husband informed her of his being called on & that sd. Jonathan Garrison had
given sd. Negro Alicia to his said grandaughter. and further saith not.
Sarah
Harman
The deposition of Zorobabel Joynes of lawful age being duly sworn deposeth
& saith, That he the deponent married for his first wife a sister of William Wyatt
the father of the female Complt. that he as heard it talked of at sundry times in
the family of Joshua Wyatt the father of his sd. wife that A negro girl named Alicia
belonged to Peggy Satchell The female Complt. --- He has heard his wife several times
say that sd. Negor, as she understood, belonged to sd. Peggy. --- These conversations,
the deponent saith, was after the death of the mother of sd. Peggy Satchell. ---
He also saith that he does not remember to have heard is sd. wife, who is now deat,
say form whome she understoon that sd. Negro belonged to sd. Peggy; nor does he remember
to have heard either sd. Jonathan Garrison or sd. Wm. Wyatt say any thing about it.
& further saith not.
Zorobabel Joynes
Wm. Edmunds & wife Complainant
vs
. . . . . In Chancy
William Wyatts Admr Deft.
The Deposition of Adah Garrison
a witness for the Defendant who being of lawful age, and duly sworn on the Holy Evangelists
deposeth and saith, that she had lived seven years in the family of Jonathan Garrison
before the marriage of Wm. Wyatt with the mother of the female Complainant; that
she has often, during her residence in the family, heard the Negro Girl Alicia called
the Slave of the Daughter of Jonathan Garrison, Nancy Wyatt the the mother of the
female Complainant, both by Black and whit; the said Alicia was always called said
Nancy's in said Jonathan Garrisons family, so far as the respondent ever heard, she
weill remembers to have heard said nancyWyatt say, if her Father did not give her
the said negro Alicia in his wi.., she would have the Negro for she could prove the
gift of the Negro to her by Mr. Thomas Burton, and her Uncle George Garrison; ath
the time fo said Nancy's doign home after her marriage with Wm. Wyatt, she sent in
her Daughter, the female complainant, to her father Jonathan Garrison, to know if
Allicia was to go home with her Nancy Wyatt? the said Jonathan answered yes I suppose
so; the said Negor went to Wm. Wyatt's with said Nancy, Continued with sayd Nancy
during her life, whic the deponent believes was more than two years and she thinks
less than three, and said Negor continued as the deponent understood in Wm. Wyatts
possession during his life, without this Deponent ever having heard or understood
tht the said Negro was the property of any other person than said Nancy and Wm. Wyatt,
This Deonent hath, ever since she left the family of said Jonathan Garrison, lived
within a mile of the house of said Jonathan Garrison; The Deponent thinks that about
six weeks after Christmas, Wm. Wyatt & his wife Nancy moved home from Jonathan Garisions,
they having been married the preceding Fall of the year in what month the Deponent
does not recollect: That Jonathan Garrison lived five years from January, next after
the marriage of Wm. Wyatt with his Daughter Nancy; The Deponent being asked if she
ever heard Jonathan Garrison call the girl Alicia, his Daughter Nancys? saith she
does not recollect that she did --- And further the Deponent siath not
Adah Garrison
The
Deposition of Thomas Burton of lawful age who being first duly sworn on the holy
Evangelists deposeth & saith that he was well acquaitned in the family of Jonathan
Garrison in h is life-time before the marriage of his the sd. jonathans Daughter
Nnacy with Wm. Wyatt, that he alsways heard the Negro and he believes so reported
in the neighbourhood girl Alicia called Nancys Negro in the family that he has thought
he could see envy or Jealousy about said Negro among the girls of the neighbourhood
who were related to said Nancy for that she Nancy had a Negor girl, and they had
none; the Deponent always considered the said Negro Alicia the property of said nancy
the Daughter of Jonathan Garrison, as much as the Deponent considered his own slaves
to belong to him; but the Deponent does not now recollect to have been ever present
at the time of a gift of said Slave being nade to said Nancy by said Jonathan Garrison,
nor doth he now recollect have heard said Jonathan Garriosn acknowledge any such
gift to said Nancy, the Deponent hath heard and believed that the said Negro Alicia
by said Jona Garrison was permmitted to . . .
Wm. Edmunds & wife Complainantsvs In
ChyW
m. Wyatts Admr. Deft
Continuation of the Deposition of Tho. Burton
. . . To go home with Nancy the Daughter of said Jonathan Garrison after her marriage
with William Wyatt, and their Joint lives, and with Wm. Wyatt during his life after
the death of said Nancy; The Deponent never heard, during the life of Wm. Wyatt,
that any person other than Wm. Wyatt, had any title or claimed title to said Salve
alicia, and always supposed that the claim of Wm. Wyatt to said Negro Alicia was
quiet & undisturbed, untill the bringing this suit; after which the Deponent was
applied to by the present Defendant for his the Deopnent's Testimony respecting sd.
Negro; The present femal Complainants, were both favorites of said Jonathan Garrison,
but he doth not recollect to have ever heard said Jonathan Garrison say any thing
relative to the gift of said Negro, Alicia, to either his Daughter, or grandaughter
nor either to dney or confess the same and further the Deponent saith not
Thomas
Burton
The deposition of Sarah Rqscoe of Lawfull age, being first duly sworn
on the Holy Evangelists of Alnighty God deposeth and sayeth, That she understood
by the family of Jonathan Garrison that a Certain Negro Gilr Licia was intended to
be given by the said Garrison to Peggy Satchell Garrison hir Granddaughter, and that
she the said Negro was called the said Peggy Satchell Garrison's and this deponent
further sayeth that she did not understand the affd Negro was given to Nancy Garrison
daughter to said Garrison and Mother to the affd. Peggy Satchell Garrison; and this
deponent still further sayeth that she herself lived at the house of the affd. JonathanGarrison
at the time that the affd. Negro retunred from the family of William Wyatt to the
affd. Garison, and that the affd. Negro live and continued to live in the family
of the said Jonathan Garrison before and after his deaht, but on what terms this
deponent knoweth not, and this deponent further sayeth not
Sarah Rascoe
Edmunds
& ux
vs . . . . . Deds
Wyatts Admr
The Commonwealth of Virginia to Jno
Smith Thos. Parker, Jno Teackle jr & Robt Twiford Gentlemen, greeting: Know ye that
we trusting to your fidelity and provident circumspection in deligently examining
Witnesses as well on behalf of Wm. Edmunds and Peggy Satchell his wife Complainants
on behalf of Wm. Wyatt's Admr. Defendt. in a certain suit in Chancery now pending
in our county court of Accomack between the parties afsd. command you or any two
of you that at such certain days and places as you shall appoint, you assembel your
selves and the Witnesses aforesad, before you or any two pf you, you call and cause
to come and diligently examine on the Holy Evangelist of Almighty God, and their
examination into our Court of our said County, you shall send and certify inclosed
without delay, under your seals, sending then there this Writ. Witness Littleton
Savage, clerk of our said Court at the court-house the 29th day of July in the year
of our Lord one thousand eight hundred and three and of the Commonwealth the twenty-
8th
Litt: Savage ClC
Wm Edmunds & wife Complts.
vs . . . . . In Chancy
Wm.
Wyatts Admr. Deft.
The deposition of Wm. Harman of lawfull age being first
duly sworn deposeth and saith, That about twelve months or sometingh more, prior
to the death of Jonathan Garrison, the grandfather of the female Complainant, he
the deponent with his wife went to the house of sd. Jonathan, who lived in his neighbourhood,
and who was the sick, to see him. --- That while the deponent & his wife were ther,
John Smith esquire, Matchapungo, who was there also, and this dept. were called on
by the said Jonathan Garrison, some time in the evening after dark, and after the
said Jonathan Garrisons wife had retired to another room to sleep, to attest a gift
of sundry Slaves from him to his children & grandchildren. --- That the said slaves
which were four in number & whose names were Martha, London, Jacob & Alicia were
then disposed of by him in he following manner, to wit, the sd. Martha was given
to his son Isaiah London to his son Abel, Jacob to his son George and Alicia to his
grandaughter Peggy Satchell the female Complt. --- That after the death of sd. Jonathan
Garrison this deponent and the sd. John Smith were called upon by Isaiah Garrison
and went before Levin Joynes esquire and made affidavid of thee gifts as before stated,
which affidavit was delivered to Isaiah Garrison. --- This deponent remembers that
at the time of the sd. Gift, the sd. Isaiah Garrison was present and recd. the sd.
Martha so given to him, and that sd. Abel Garrison was also present and recd. the
sd. London so given to him but whether the sd. George Garrison and the female Complt.
were there or the Negroes so given to them, this deponent cannot now recollect. ---
The deponent also saith that the female complt. at the time of sd. Gift was, he supposes
about seven years old. --- & as well as he can recollect he thinks sd. gift was afther
the death of the female Complts. mother. --- Sd. Jonathan Garrison died on the night
suceeding the day on wihich his will was made. And further saith not.
William
Harman
The deposition of John Smith of lawfull age being also duly sworn deposeth
and saith, That he was present at the same time spoken of in the foregaing deposition
of Wm. Harman That the sd. Jonathan Garriosn gave to is son Isaiah his slave Martha,
to his son Abel his slave London & to his son George his salve Jacob, that the sd.
slaves were delivered by the hand respectively to his sd. three sons and the sd.
Jonathan the declared that live or die they weere no longer his salves but the salves
of his sd. children; but this deponent cannot now reclooect of seeing the female
complt. there at that time, or the sd. Slave Alicia nor hath he any recollection
of the gift of sd. Slave to her. This deponent also saith he had been before informed
by the sd. Jonathan Garrison that he intended to dispose of all his slaves in his
life time to prevent his wife having dower in them in case she should survive him,
and had requested the deponent to take the opinion of George Corbin decd for him
to know if it could be done in that way; & this deponent understood the gift before
spoken of were made with that intent. --- The deponent also saith tha after the death
of sd. Jonathan Garrison he and the sd. Wm. Harman were called on by the said Isaiah
Garriosn & wnet with him to the house of Colo. Levin Joynes decd. and made affidavit
before him of the sd. Gifts, which affidadavit was delivered to sd. Isaiah Garrison.
--- The deponent siath that the femalle complt at the time of sd. Gift was as he
supposes, about seven years old. --- He thinks that the mother of the female complainant
was dead at the time of the gift afsd. sd. John Garrison died the night suceeding
the day on which hs will was made. & further saith not
John Smith
The
foregoing depositions of Wm. Harman and John Smith were taken this 30th day of July
1803 a the house of Eliza Lecatt, by virtue of the annexed commission, in presence
of Wm. Edmunds one of the complainants and his attorney; notice to Esme Wyatt the
Deft. being proven by the oath of Chas. Stockly to have been given on the 26th Inst.
that they would be taken on this day at this place
Tho. Parker
Robt. Twiford
The
Commonwealth of Virginia to John Teackle Esquire Thomas Parker Americus Scarburgh
& Richd. Savage Gentlemen, greeting: Know ye that we trusting to your fidelity and
provident circumspection in deligently examining All Witnesses as well on behalf
of Wm. Edmunds & wife complts. as on behaf of Wm. Wyatts Admr. Deft. command you
or any two of you that at such certain days and places as you shall appoint, you
assembel your selves and the Witnesses aforesad, before you or any two pf you, you
call and cause to come and diligently examine on the Holy Evangelist of Almighty
God, and their examination into our Court of our said County, you shall send and
certify inclosed without delay, under your seals, sending then there this Writ. Witness
Littleton Savage, clerk of our said Court at the court-house the 29th day of August
in the year of our Lord one thousand eight hundred and three and of the Commonwealth
the twenty- 8th
Litt: Savage ClC
Wm. Edmunds & wife
vs . . . . . In
Chancery
Wm. Wyatt's admr:
The deposition of Jonathan Garrison aged Twenty
Nine years who being duly sworn on the holy Evangelists of alimighty God deposeth
& saith That a Negro girl named Lisha (he believes) was in the family of his grandfather
Jonathan Garrison at the time his death & remained with his grandmother during that
year and the year following the said Negro girl lish went to live with Berry Floyd
but on what terms or at whose instance he does not know and further saith not
Jonathan
Garrison
In Obedience to the annexe writ we have examined Jonathan Garrison
a witness on behalf of William Edmunds & wife as above Certified under our hands
& seals this 15 day of February 1804
Tho. Parker
Richard Savage
Wm.
Edmunds & wife
vs . . . . . In Chancy
Wm. Wyatt's Admr.
The deposition
of Peggy Custis aged Sixty four years who being duly sworn on the holy Evangelists
of almighty God deposeth & saith, that Jonathan Garrison senr. came to her house
soon after the death of his daughter Nancy Wyatt and observed to this deponant that
poor Nancy (who set so much by her & whom she also set so much by) was deat, but
that he should not be much greived at it (as she saw so little pleasure in the world)
if her children could have Lish but he suposed they would not & further sait not
Peggy
Custis
The deposition of Peggy Mears aged Twenty three years who being sworn
on the holy Evangelists of almighty God, deposeth & saith That she had heard William
Wyatt decd. say that Lisha was his property as much as any thing he possessed tho'
they had tried to get her away from him but could not & further saith not
Peggy
Mears
In Obedience to the annexed writ we have exammined Peggy Custis & Peggy
Mears (as before stated) Witnesses on behalf of William Wyatt's admr. Ceretified
under our hands & Seals this 15th day of February 1804
Tho. Parker
Richard
Savage
The Commonwealth of Vriginia, To the Sheriff of Accomack County, greeting:
You are hereby commanded to summon Esther Melson (wife of Smith, to appear before
the Justices of our county Court of Accomack, at the court-house of the said County,
on the third day of March Court next to testify and the truth to say on behalf of
Wm. Edmunds & wife in a natter of contriversy in our said Court, before our said
justices, depending and undermined between Wm. Edmunds & wife Plts and Wm. Wyatts
Admr. Deft. and this she shall in no wife omit under the penaty of 100£. and
have then there this writ. Witness Edmund Bayly Clerk of our said Court, at the court-house
aforesaid, this 28th day of February 1805 in the 29th Year of the Commonwealth
Edmund
Bayly CLC
Memos of Wm. Edmunds & ux claim agat. Wm. Wyatte Admr. Jona Garrison
Senr. being possessed of Several Slaves gave them away to his Children & one by the
name of Alicia to his grandaughter Peggy Satchell. --- Peggy Satchell was the daughter
of Wm. Wyatt by a daughter of Jona Garrison. --- her mother was dead before the gift.
--- Wyatt & Wife had been permitted to have sd. Negro Aliscia 2 or 3 years before
sd. Gift. --- Vide Jona. Garrisons will, he bequeated no slaves also his Invy contains
no acct. of slaves. --- Alicia has a child called Ananias. --- bring Suit for Wm.
Edmunds & Peggy Satchell his wife agt. Esme Wyatt Admr. of Wm. Wyatt Decd.
Sources:
_____. Accomack County VA Chancery Causes, 1727-1805. William Edmunds & Wife vs Admr of William Wyatt 1804-007. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. . Accessed 5 May 2012.
© Copyright 2012 by Gail M. Walczyk