Ignatia Vessels vs Custis Vessels Etc. 1803-07 - Transcribed by Gail M. Walczyk

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Ignatia Vessels &c
vs . . . . . Chy
Custis Vessels
Bill & answer

To the worshipfull the Justices of Accomack county in Chancery Humbly complaining sheweth unto your worships your Oratrix Ignatia Vessels, Hessy Bird and Levin Matthes and Betsy his wife. that a certain William Vessels Senr. late of this county now decd. being in his lifetime possessed of a considerable estate real & personal did upon the second day of Novembr 1802 duly make and publish his last will and Testament in writing and thereby, after having disposed of the greater part thereof, bequeathed the remainder to be equally divided among his wife Ignatia Vessels, Hessy Bird, Custis Vessels, coming to lawfull age and Hessy Betsy & Rachel Thornton, as by his will which since his death has been proved & admitted to record in this court reference being thereto had will more fully appear. --- That in the rediduum so bequeathed as afsd is included among other thing a Negro man named Pompey. --- that after the time of making sd. Will & before the death of the Testate Rachel Thornton one of the Legatees pf sd. Residuum departed this life --- That since his death your Oratrix Betsy, who was Betsey Thornton one of sd. Residuary legatees, hath intermarried with your Orator Levin Matthews --- So that, as your Orator & Oratrix are advised the said Slave Ponpey is to be equally divided among your Oratrix Ignatia Vessels & Hessy Bird & the said Custis Vessels, & Hessy Thornton one fifth part each. --- And your Orator and Oratrixes shew to your worships that from the nature of the property it is impossible to make a division among the parties in anyway other than by selling sd. Slave & dividing the money arising for sd. Sale among the sd. Parties according to their respective rights, & this they had hoped might have been don without any expence or trouble accruing to the parties therein But so it is may it please your worships that the sd. Custis Vessels & Hessy Thornton being under the age of twenty one years cannot as your orator & Oratrixes are advised consent sail of the sd. Slave Pompey --- nor can anything he done therein save only by the aid of Your worships in Chancery whose cognizance extends to such cases. In tender consideration whereof and for as much as your Orator & Oratrixes can only obtain relief herein by the Interposition of your Worships. To the end therefore that the said Custis Vessels & Hessy Thornton maybe made Defts. hereto & that a sale of sd. Slaves may be decreed by your worships & the money divided among the parties afsd according to the will of sd. Wm. Vessels Senr. May it please your worships to grant to your orator & Oratrixes the com: Wealths writ of Spa to the sd. Custis Vessels & Hessy Thornton to be directed commanding them & each of them &c
Wise for Compts.

The answer of Custis Vessels & Hessy Thornton infants by Thos Fletcher their guardian specially appointed to defend the suit brought agt. them by Ingantia Vessels Hessy Bird & Levin Mathews & Betsy his wife These defts by their sd. Guardian say that they admit the truth of the allegations contained in the bill of complainants and submit to such decree in the premises as this worshipfull court shall think Meet and proper to be made therein
Thos Fletcher
This is to carify That We Egnatia Wessels Hessy Bird Hessy Thornton Betsy Thornton & Custis Wessels Heirs of the revisition of the estate of William Wessels Decd. of Which a Negro Man calld. Pompey is a part it is our wihs & desire as the sd. Negro man can not be divided To our Satisfaction in person That He should be Sold according to Law. as wittness our Hand & Seals This 24th Feby 1803
Lizebeth Thornton
Hesser Thornton
Egnatia Wessels
Esther Bird

to March 1803

Wm. Vessels by his will gives all the remainder of his Estate after certain legacies &c: to be equally divided among his wife Ignatia Vessels, Hessy Bird, Custis Vessels coming to lawfull age & Hessy Bird, Betsy & Rachel Thornton --- In the remainder is included a Negro man named Pompey --- Rachel Thornton died in the lifetime of the Testator. --- Betsy Thornton is married to Levin Mathews. --- Custis Vessels & Hessy Thornton are under age. --- Bring Spa in chy to divide Pompey

Joshua Thorton
Spencer Drummond
John Drommond

Vessels &c
vs . . . . . Spa in Chy
Vessels &c
Sumd by John Nock Dyfor John Cropper Sheriff

The Commonwealth of Virginia to the Sherif of Accomack county greating, We Command you that your Summon Custis Vessels and Hessy Thornton to appear before our Justices of our said County in at the Court house of the Said County on the last Monday in March Inst. then and there to answer abill in chancery exhibited against them by Ignatia Vessels, Hessy Bird, & Levin Mathews & Betsy his wife and have then there this Writ witness Litt Savage clerk for said court at the Court house this 2d Day of March 1803 In the 27th year of the Commonwealth.
Litt: Savage CAC

It is out of my power to attend to day at cort But means to down tomorrow early --- But should the decree for the Sale of the Negro be confnd. to this day I wish it to be done. If commissioners be necessary to appoint upon the Business you mas apint Charles Drummond Arthur Watson & Teackle Shay
I am Sir your find &c
Elijah Shay
I mean the Negro Pomp belonging to the estate of William Wessels decd.

John Wise Esqr
Drummond Town


_____. Accomack County VA Chancery Causes, 1727-1805. Ignatia Vessels vs Custis Vessels Etc. 1803-07. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 3 February 2012.

© Copyright 2012 by Gail M. Walczyk