Littleton Savage vs Mary & George Savage - 1765 - Transcribed by Gail M. Walczyk
Spelling remains the same.

Savage
vs . . . Bill
Savage &c

July 1765 Decree for Partition
Augst Part:retd & Final Decree

To the Worshipful the Justices of Northampton County setting in Chancery

Humbly Complaining sheweth unto your Worships your orator Littleton Savage and Devisee of John Savage late of the said County decd That the said John Savage being in his life time seized and possess of a considerable Estate real and personal, by his last Will and Testamt bearing date the 18th day of December 1746 among other things divised as follows. Item I give to my eldest son John Savage the following Negros (Viz) little Ben, Bridget and Amy, all my wearing apparell and new horse six head of Sheep two Cows and two calves. Item all the rest of my Negros and the remaining part of my personal Estate I give to be equally divided between my loving Wife Mary Savage and my three youngest sons William Kendall Savage, Littleton and George Savage them and their Heirs lawfully begotten forever. Item it is my Will and desire that my loving Wife shall have all the profits of my three youngest sons Estate until they arrive if please God to let them live to the age of twenty one years, but if either dye before they arrive to the aforesaid age then the survivor or Survivors to enjoy his or their Estate, and if all dye, then all my loving Wife' and of his said Will appointed his said Wife Executrix who proved the same and took upon herself the burden of the Execution thereof, as by the said Will remaining of Record in the aforesaid County of Northampton will more fully appear. And your Orator further sheweth unto you Worships that soon after the making the said Will, your orator's said Father departed this life on the __ day of _____ and your Orator's said Mother took possession of all the Estate so as aforesaid devised to her & the Testator's said three youngest sons, consisting of slaves Stock Household Furniture and sundry other articles and son continues possession thereof. And your Orator further sheweth that William Kendall Savage one of the Devisees herein before mentioned is dead under age and without issue: that your orator is arrived of lawful age, and has often in a friendly manner applied to the said Mary Savage and George Savage for a division of his said Father's Negros agreeable to his Will But now so it is may it please your Worships the said Mary Savage absolutely refuses to come to such a division, pretending that as the said George Savage is an Infant under the age of twenty one years, and would not be safe in so doing without the Order or Decree of this Worshipful Court to indemnify her In tender Consideration whereof and for as much as your Orator is remediless in the premises and only and properly releiveable in a Court of Equity To the end therefor That the said Mary Savage and George Savage may set forth and discover, whether the said John Savage the Testator did not make such Will as is before mentioned, and therein make the several divises as is the said Bill set forth. and may full true and perfect answer make to all & singular the Premises as if the same were here again repeated and interrogated, and may be compelled to make such Division of your Orator's said Father's Negros as your Worships shall think proper to order and Direct, and may allot to your Orator his part thereof, and that your orator may have such further and other relief in the premises as maybe agreeable to Equity and good Conscience.

May it please your Worships to grant unto your Orators his Majesty's most gracious Writ or Writs of Subpoena &c

Savage
abs . . . Ansr
Savage

The separate Answer of George Savage an infant under the age of twenty one years by his Guardian by the Court for that purpose specially appointed on of the Defendants to the Bill of Complaints of Littleton Savage Complainant. The Defendant saving to himself all advantage of exception to any Imperfections of the Complainants said Bill of Complaint for Answer thereunto saith That he admits the Allegations in the said Bill to be just and true, and is ready and willing to come to such division of his deceased Father's Estate as this Worshipful Court shall think proper to order and direct And prays to be hence dismissed &c
George Savage

Savage
abs . . . Ansr
Savage

The separate Answer of Mary Savage Execx &c of John Savage decd & one of the Defendants to the Bill of Complaint of Littleton Savage Complainant.

This Defendant saving to herself all Advantage of exception to any imperfections of the Complainants said Bill of Complaint for answer thereto saith. That she admit the Allegations in the said Bill to be true, and is ready and willing to come to such division of her deceased Husband's Estate as this Worshipful Court shall think proper to order and Direct, and prays to be hence dismissed &c

I have inclosed you my Bill and your & George's Ansr for a division of my father's Negros, for which I hope, and desire you'll move the next Court, to have Mr. Harmanson Mr. Savage, Mr. Stringer & Mr. Dowty appd to divide them, which may be done when We come over
John Harmanson
Hilary Stringer

Savage
vs . . . Copy Decree
Savage

At a Court held for Northampton County the 10th Day of July 1765

Littleton Savage Complt
agt . . . In Chancery
Mary Savage and George Savage Defts

This Day came the Plt and the Defts Mary in their proper persons, and the defendant George by Griffin Stith his Guardian appointed by the Court to defend this Suit, and this Cause was heard upon the Bill and Answers. On consideration thereof, It is Decreed and ordered that John Harmanson, Nathaniel Savage, Hillary Stringer, and Josiah Dowty (or any three of them) do make partition of the Slaves in the Bill mentioned according to the Will of John Savage late of this County Gent: decd and make report thereof here at the next Court in Order to a final Decree
Copy Teste
Griffin Stith Cl: C

Sources:

_____. Northampton County VA Chancery Causes, 1721-1816. Littleton Savage vs Mary & George Savage, 1765-004. Local Government Records Collection, Northampton County Records. The Library of Virginia, Richmond, Virginia. Accessed 27 Mar. 2009.

© Copyright 2009-2011 by Gail M. Walczyk