Dear Madam
I went to the Superior Court clerk's Office to get
copies of the two papers which you sent your servant to
me for, but the clerk was absent, I leave town in the
morning for a few days, and when I return I will
have copies made out and sent to you as you request.
Respectfully Yours
Ro. Anderson
10 Jany 1848
Mrs. E. G. Eliott
Old Rects
Recent Rects
Mrs Elizabeth G. Elliott
Townshend
York County
Mrs Elliott at Henry Phillips
To Virginius B. Bilisoly, Dr.
1855 | To medical attendance on self | |
from May 11th to 22nd | $11.12 |
Recd Payment
DA Bilisoly for
V B Bilisoly
Medical Acct
1855
Dr Bilisoly
Mrs E. Elliott
1853 In a/c with Dr. Ed: Camm
Feby | 26 | To visit Girl at Goosby's--- | 4.00 |
Mar | 1 | " Do Do + (unclear) Vial Chlo: Soda | 4.25 |
11 | " Do Polly Dress'g foot+Oint | 4.50 | |
24 | " Do Box Ointment for Polly | ".50 | |
June | 5 | " Visit Polly + (unclear) vial Medc + Ointm | 5.00 |
Dec | 20th/53 | Recd Payt Ed Camm | $18.25 |
Pr Jno. C. Whiting |
Mrs. E. Elliott's a/c
$1825
1853
Dr Camm
The Commonwealth of Virginia
To the Sheriff of Warwick County Greeting
We command you that you Summon Elizabeth Elliott widow &
relict of Kemp P. Elliott decest; Frederick B. Power Executor of the said
Kemp P. Elliott deced Humphrey H. Wynne and Diana his wife
late Diana Minson and Sarah Minson, Kemp Elliott Minson, Thomas
Minson Frederick Burnett Minson & Lucy Frances Minson Infant
Children of Polly Minson Sister of the said Kemp P. Elliott
deceased -- To appear before the Judge of our Circuit Superior
Court of Law & Chancery for the County of York at the
Clerk's office on the first Monday in May next to answer
a Bill in Chancery therein exhibited against them by
Thomas Minson and Mary his wife who was Polly Elliott George
Elliott. William Gray & James, Eliza, Robert, Benjamin, & Kemp
Elliott Tabb infant Children of Robert Tabb decd suing by
William Tabb their next frend William Tabb Nathaniel Taylor
and Elizabeth Ann his wife. John Tabb Edwd Tabb James Gilliam & Nancy
his wife. Bailey T. Elliott and Susan his wife Mary Thomas Seaton
Elliott Thomas Elliott & Elizabeth Elliott, infant Children of
Bernard Elliott deceased. Suing by Mrs. Elliott there next frend
and unless the said defendants shall answer the said Bill
within four months thereafter the Court will take the
for confessed and decree the matter accordingly.
And this they shall in no wise omit under the penalty of L100
Each: -- and have then there this writ witnessed Samuel Shield
Clearke of our said Court at the Court house this 27 day
March 1839 in the 63rd Year of the Commonwealth
Samuel Shield CYC
Nelson Pg
Minson &c
vs }Spx Cane
Elliott Exor
To Superior Court
May Rules 1839
At a Circuit Superior Court of Law and
Chancery continued by adjournment and
held for the County of York on Tuesday the
3rd day of November 1846. ---
Thomas Minson and Mary, his wife, who was
Polly Elliott, George Elliott, William Gray and
James, Eliza, Robert Benjamin and Kemp Elliott
Tabb, infant children of Robert Tabb decd, suing
by William Tabb their next friend, William Tabb
Nathaniel Taylor and Elizabeth, his wfe, John
Tabb, Edward Tabb, James Gilliam and Nancy,
his wife, Baily T. Elliott and Susan, his wife,
Mary Thomas, Seaton Elliott, Thomas Elliott
and Elizabeth Elliott suing by Thomas Elliott
their next friend------ Plts
Against
Elizabeth Elliott widow and relict of Kemp P.
Elliott deceased, Frederick B Power Executor of
the said Kemp P. Elliott and others --- Defts.
In Chancery
The writ of Seise facias awarded in this cause
on the 25th day of October 1843 to revive(?) the same against
Frederick W Power Executor of Frederick B Power deceased,
and William Howard late Sheriff of York County and
Committee and Administrator de bonis non with the will
annexed of Kemp P. Elliott deceased, being returned duly
executed, and no cause shewn to the contrary; It is ordered
that this cause stand and be revived and hereafter proceeded
into final decree against the said Frederick W. Power
and William Howard Executor and Committee and
Administration de bonis non as aforesaid, And on the motion
of the Complainants by their Counsel, leave is given them
to fole a bill of revivor and Supplement and Amendment
in this cause, which is accordingly files, and on like
motion it is ordered that Alexander C. Garrett be, and he
is hereby appointed guardian ad litem to defend the
>
infant defendants Kemp Elliott, Frederick Burnett,
and Lucy Frances Minson, children of Polly Minson decd
And on the motion of the said infant defendants by their
guardian ad litem and the defendant Elizabeth G Elliott
by her Counsel they are allowed to file their answer, which
is done accordingly, and to which the plaintiff instantes(?)
replied generally. And thereupon this cause on
this day by consent of parties, to be again heard on the papers
formerly read, together with the report of Commissioner
Sam Shield made pursuant to the orderof the 25th day of
June 1841, the executions thereto filed by the plaintiffs, answers
of the said infant defendants and of Elizabeth G. Elliott,
replications thereto filed by the plaintiffs, the
said Amended and Supplemented bill and bill of revivor, answers
of the said infant defendants and of Elizabeth G. Elliott,
replications thereto, exhibits filed and deposition of witnesses,
and was argued by Counsel; on consideration which of the
Court, being of opinion that the land in the bill and procee=
=dings mentioned called Townsend, including the price
bought of Thos Griffin's Ex(?)or and annexed thereto, acquired
by the testator Kemp P. Elliott after the making of his will,
does not pass by the said will to his widow, the defendant
Elizabeth G. Elliott, for life as intended by her, but that
the said widow is entitled to dower therein, doth adjudge,
order and decree that Wm Shield, Cary Wilkinson,
William M. Pettit, Richard R. Garrett and Saml. White,
who are hereby appointed Commissioners for the porpose any
two or more of whom may act, with liberty to call n the aid
of a surveyor if necessary, do lay off, set apart and assign
to the said defendant Elizabeth G. Elliott by certain metes
and bounds, one equal third part of said lands lying in
the County of York, acquired by the testator Kemp P. Elliott
after the date of his Will, and whereof he was seised during
the couverture, to hold to her during her life as and
for her dower in the said lands. -- Unless she, the said
Elizabeth G. Elliott, shall consent in writing to be filed
with the papers in this cause that the whole of the said
lands shall be sold free and clear of her dower, and that she
will receive an equivalent for her dower out of the proceeds of
sale, either by her dower being commuted into its fee simple
value, or by the interest on one third part of the net. Purchase
money being decreed to be paid to her annually for her life
as the Court may hereafter decree in this Cause. And it appear-
=ing to the Court that the dividend of each heir in the said lands
will be less than $300 in value, except that of William B. Gray,
that that from the number of parties entitled to partition of the
said lands the interest of all parties would be promoted by a
sale thereof and division of the proceeds, the Court doth
further adjudge, order and decree, by consent of the said
William B. Gray filed in this cause, that George W. Southall
and William Nelson, who are hereby appointed Special
Commissioners for that purpose, after having advertised the
time and place of Sale for four weeks Successively in some
Newspapers printed in the City of Norfolk, and by notice
to be posted at the Courthouse door of York County on some
Court day preiviousto the day of Sale, do sell, at public auction,
before the Courthouse door of York County the remaining two
thirds of the said lands, together with the reversion in the third
to be assigned to the said Elizabeth G. Elliott for her dower as
aforesaid; Unless she, the said Elizabeth G. Elliott, shall consent
in writing to the sale of the whole of the land, free and clear of her
dower therein as aforesaid, in which event the said Commissioners
last above named are to sell the whole land free and
clear of her dower (words crossed out) accordingly, and
that the sale be made on a Credit of one, two, and three
years from the 1st day of January 1847, with interest from
that day, payable in equal annual installments except for
such sum as may be necessary to pay the expenses of the
sale which is to be pad in Cash to the Commissioners
and so applied by then; the Purchaser to give bonds with
good security for the credit payments, and the title to be
retained until the purchase money shall have been fully
paid, and that the said Commissioners report their proceedings
hereunder to this Court in order to a final decree. And the Court
not now deciding the exceptions to the report of Commissioner
Shield, but reserving the same for future considerations, doth
further adjudge, order and decree, that the following Accounts
be taken by a Commissioner of this Court to wit
1st An Account to be rendered by the defendant Frederick
W. Power Executor of Frederick B. Power deceased, of the
said Frederick B. Powers acting as executor of Kemp P. Elliott
deceased, from the period embraced in the said report of
Commissioner Shield to the death of the said Frederick B. Power
Executor as aforesaid
2dly An Account to be rendered by the defendant William
Howard of the actions of the said William Howard, the
said defendant, as Committee and Administration de bonis
non with the will annexed of the said Kemp P. Elliot decd
since his appointment as such Commissioner and Administrator
3dly An Account of all the rents issues, and profits of the
said lands from the period of the said Kemp P. Elliott's
death, showing the amount thereof and by whom the same
Have been received.
4thly An Account of all the moneys or property received
by the defendant, Elizabeth G. Elliott, from the suit in
Chancery, refered to in the Will of the said Kemp P. Elliott
decd. Upon the taking of which said accounts the
parties respectively are directed to produce and oath before
the Commissioners all books, papers and vouchers in their
possession, or under their control, touching the same, and
to submit to examination in solemn form before the
Commissioners concerning the said accounts, it thereto
required, which said accounts the said Commissioner
is directed to examine, state, and settle and to the
Court reportwith any matter of specially stated
deemed pertinent by himself, or which may be
required by the parties so stated
A Copy
Teste
Alexr Garrett C.
Commissioner Office
York Town, January 9th 1847
The parties interested in the foregoing decree are
hereby notified that I shall proceed, on Tuesday the 16th
day of March next, to take the accounts as therein directed,
at which time and place they are requested to attend,
with their papers, vouchers and evidence, in order that
I may execute the same
Alexander Garrett,
Commissioner
Minson + al
vs } Interly(?) Decree
Elliott + al
At a Circuit Superior Court of Law +
Chancery for York County held at the Court
=House thereof on Thursday November 4th in the
year of our Lord one thousand Eight hun
=dred and forty Seven in the 72nd year of
the Commonwealth
Thomas Minson and Mary, his wife, who was
Polly Elliott George Elliott, William Gray, and
James, Eliza, Robert Benjamin and Kemp Elliott
Tabb, Infant children of Robert Tabb decd, suing by
Wm Tabb their next friend, Wm Tabb, Nathaniel
Taylor and Elizabeth, his wfe, John Tabb Edward
Tabb, James Gilliam and Nancy, his wife,
Bailey T. Elliott, and Susan, his wife, Mary
Thomas, Seaton Elliott, Thomas Elliott, and
Elizabeth Elliott infant children of Bernard Elliott
decd suing by Thomas Elliott their next friend---Plts
Against
Elizabeth Elliott, widow and relict of Kemp
P. Elliott decd, Frederick B Power Exor of Kemp
P. Elliott decd + al s --- Defts.
In Chancery
This cause came on this day to be again heard on
the papers formerly read and the Rreports of Commissioner Shield
and Commissioner Garrett made under former orders of this Court
to which expectatons have been filed by the plaintiffs and was
argued by Counsel: On Consideration whereof the Court no
now acting on the said Reports, expect as to the Rents, doth
adjudge order and decree, that the said Reports, except as
to the Rents, wth the Exceptions thereto be recommitted to one
of the Commissioners of this Court with direchions to
re-examine and restate the same and Report to the Court
in order to a final Decree: in taking which accounts all
books papers and vouchers are to be produced. And the Court
approving the said Accounts as to the rents: corrected, by a
Special Statement made at the Bar marked X, in which
the taxes on the land are brought into view, doth adjudge
order, and decree that the Defendant Frederick W. Power
Exor of Frederick B Power decd out of the Estate of his intest=
=ate in his hands to be administered, pay to the Defendant
Elizabeth G. Elliott widow of Kemp P. Elliott decd one hundred
and thirty nine dollars and thirty four cents, with
interest thereon, from the thirtieth day of October in
the year of our Lord Eighteen hundred and forty seven
till paid, that being the balance of Rents due to her
from Frederick B. Power's Estate, after deducting pay=
=ments already made to her, as per Commissioner Garrett's
report of Rents abd the said Special Statement X --
And the Court doth further adjudge, order, and decree that
William B, Graypay to Elizabeth G. Garrettt widow afore=
=said Eighty five dollars and twenty six cents with interest
from the thirtieth day of October in the year of our Lord
Eighteen hundred and forty seven till paid, that being
her portions of Rents due by him for the years he received
the same, with interest to the thritieth day of October in
the year Eighteen hundred and forty seven. And the
Court doth further adjudge, order and decree that the
Defendant William Howard Committee and adminis=
=tratorof Kemp P. Elliott decd at the end of the present year
deliver up to Elizabeth G. Elliott all the remaining Slaves
of Kemp P. Elliott decd remaining in his hands, to be held
by her under the will of her late husband, on her executing
the usual refunding Bond with Security, if required by the
said William Howard --- And the Court doth further
adjudge, order, and decree that George W. Southall be appoin=
=ted a Special Commissioner to collect the Bonds given for the
purchase of the lands sold under the former Decree in this
cause, as they become due and to report his proceedings to
the Court. And the Court proceeding to dispose the other two thirds
of the Rents, due by Frederick B. Power's Estate and William
B Gray doth further adjudge order and decree that the
said Frederick W. Power Exor of Frederick B. Power, out of
the Estate of his intestate in his hands to be administered
pay to George W. Southall and William Nelson who are
appointed Special Commissioners for that purpose Eight
hundred and Eighty six dollars and thirty two cents,
with interest from the thirtieth day of October in the year
of our Lord Eighteen hundred and forty seven till paid.
That William B. Gray pay to the same Commissioners
One hundred and seventy dollars and forty three cents
with interest from the thirtieth day of October in the year
of our Lord Eighteen hundred and forty seven (1847) till
paid which two sums of money the said Commissioners
are directed to divide and distribute among the parties
according to their rights, and report their proceedings
to a final Decree.
A Copy
Teste
Alexr Garrett C
Settled by F W Power
and W B Gray
Minson + al
vs }Copy
Elliott's heirs Decree
For Elizth G Elliott
The parties to the annexed decree are hereby
notified that I have appointed Monday the 24th
day of January 1848 to take the accounts ordered
by said Decree at my Office in the Town of York
between the hours of Eleven A.M and five P.M.
at which time and place they are required to
attend wth their papers, vouchers +c and this
Original Notice to enable me to execute said Decree
Alexander Garrett Comr
Comrs Office Decbr 6th 1847
Minson + als
vs }Copy Decree
Elliotts heirs
+ Com(unclear)
1845 | Kemp P. Elliott and wife, Thomas Jennings, Frederick B. | |
Power admin(unclear) of May Manson deceased, and John | ||
and Edward Manson George Crutchfield and wife, | ||
Robert Davis and wife and John (unclear) Mahala Moss. | ||
To the Clerks of the Circuit Superior Court of Law + Chancery for | ||
James City County and the City of Williamsburg | ||
May | Entering continuance 36. November. Entering con- | |
tinuance 36. against Hansford | 72. | |
1846 | Same charges against same 72 | 72. |
Th. O. Cogbree Cl. | 144. |
Elliot Kemp P. Va.
$1.44
Clerks Ticket
1845
1847 | Kemp P. Elliott and wife, Thomas Jennings, Frederick B.Power | |
admin(unclear) of May Manson deceased, and John and Edward | ||
Manson, George Crutchfield and wife, Robert Davis and wife, | ||
and John (unclear) Mahala Moss. | ||
To the Clerks of the Circuit Superior Court of Law + Chancery for the | ||
County ofJames City and the City of Williamsburg | ||
-- May | Entering continuance 36. November. Entering con- | |
tinuance 36. against Hansford | 72. | |
1848 | Same charges against same 72 | 72. |
144. | ||
Th. O. Cogbree Cl. |
Elliot Kemp P. Va.
$1.44