Copy of Court Decree, 1847 November 4

Copy of Court Decree, 1847 November 4

Claims against decedents' estates--Virginia.

Decedents' family maintenance--Virginia

Estates (Law)--Virginia

Wills--Virginia--York County.

Distribution of decedents' estates--Virginia.

Contested wills--Virginia.

Attorney and client--Virginia.

The first of two nearly identical copies of the same decree, 4 pages. Oversees the distribution of the funds from the parcel of land sold off, demands payment to different parties in the case.

Circuit Superior Court, York County

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

4 November 1847

jpeg

eng

text

MS1989.25.7

Ink on paper

Page 1

At a Circuit Superior Court of Law +
Chancery for York County held at the Court
=House thereof on Thursday November 4^th in the
year of our Lord one thousand Eight hun
=dred and forty Seven in the 72^nd 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 dec^d, suing by
W^m Tabb their next friend, W^m 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
dec^d suing by Thomas Elliott their next friend---Plts

Against

Elizabeth Elliott, widow and relict of Kemp
P. Elliott dec^d, Frederick B Power Exor of Kemp
P. Elliott dec^d + 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

Page 2

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 dec^d 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 dec^d 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

Page 3

Defendant William Howard Committee and adminis=
=tratorof Kemp P. Elliott dec^d at the end of the present year
deliver up to Elizabeth G. Elliott all the remaining Slaves
of Kemp P. Elliott dec^d 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
Alex^r Garrett C

Page 4

Settled by F W Power
and W B Gray

Minson + al
vs }Copy
Elliott's heirs Decree
For Eliz^th G Elliott