Circuit Superior Court Decree, 1846 November 3

Dublin Core

Title

Circuit Superior Court Decree, 1846 November 3

Subject

Attorney and client--Virginia.
Contested wills--Virginia.
Distribution of decedents' estates--Virginia.
Wills--Virginia--York County.
Estates (Law)--Virginia
Claims against decedents' estates--Virginia.

Description

A decree from the Circuit Superior Court of Law and Chancery, 6 pages. It declares a guardian for minors being represented in the suit. Declares that a parcel of land purchased after drawing up the will does not descend to Elizabeth Elliott with the rest of Kemp's property, but that she is entitled to a dower portion of one third of the property. The whole parcel is to be measured and sold, and the profits divided between the parties entitled to it. Several accounts are demanded, including how Frederick Power has been handling Kemp's estate.

Creator

Circuit Superior Court, York County

Publisher

Special Collections, John D. Rockefeller Jr. Library, Colonial Williamsburg Foundation

Date

1846 November 3

Format

jpeg

Language

eng

Type

Text

Identifier

MS1989.25.6

Document Item Type Metadata

Text

Page 1

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

Page 2

>

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

Page 3

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

Page 4

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

Page 5

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

Page 6

Minson + al
vs } Interly(?) Decree
Elliott + al

Original Format

Ink on paper

Citation

Circuit Superior Court, York County, “Circuit Superior Court Decree, 1846 November 3,” John D. Rockefeller Jr. Library, Colonial Williamsburg Foundation, accessed May 28, 2022, https://rocklib.omeka.net/items/show/765.