John Hannaford & Wife Etc vs Gilbert Leatherberry Etc 1795-015 - Transcribed by Gail M. Walczyk
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To the worshipful Justices of Accomack County Court
in Chancery Humbly complaining shew unto your worships Your orator and oratrix John
Hannaford and Peggy his wife and John Leatherberry that Rosey Leatherberry Daughter
of your oratrix Peggy and Sister of your orator John Leatherberry departed this life
on the 15th day of April anno Domini 1795 possessed in her own Right of the following
Negro Slaves to wit Tabitha, Darky, Jacob, and Henry, under age and without having
in any manner by last will or otherwise disposed of said Slaves --- Your orators
and oratrix do further shew that our oratrix Peggy is the mother of said Rosey Leatherberry,
your orator John Leatherberry and Gilbert Leatherberry are Brothers of said Rosey
Leatherberry, Peggy and William Edmunds are the only children of Betsey Edmunds decease
who was sister of said Rosey and departed this life previous to the Death of said
Rosey Leatherberry and that the said Rosey that the time of her Death had no other
Brothers or Sisters or their Descendants So that your orators and oratrix John Leatherberry
and Jno. Hannaford and Peggy his wife in Right of said Peggy the said Gilbert Leatherberry
and the said Peggy and William Edmunds are representatives of the Said Betsey their
mother are entitled to have division of the said Slaves in manner Following to wit
to said Jno Hannaford and Peggy his wife in Right of said Peggy one fourth part of
said Slaves to hold them as their proper Slaves to said John Leatherberry one other
fourth part of said Slaves to said Gilbert Leatherberry one other fourth part of
said Slaves and to said Peggy and William Edmunds as representatives of Betsy Edmunds
decsd one other fourth part of said Slaves to hold to them as their proper Slaves
agreeable to the statute in Such case made and provided But now so it is may it please
your worships that the said Gilbert and the said Peggy & Wm. Edmunds are Infants
of tender years and incapable as your orators and oratrix are advised to make Division
of said Slaves so as to be valid and binding on them without the aid of a court in
Chancery In Tender consideration whereof and for that your orators and oratrix are
remediless in the premisses without the aid of your worships in chancery To the End
therefore that the said Gilbert Leatherberry & Peggy & Wm Edmunds --- may true distinct
and perfect answer make to all and singular the premisses as truly and particularly
as if here again repeated & they interrogated that a Division of said Slaves may
be decreed and enforced by your worships between the parties afrsaid agreeable to
Law in such manner and by such means as to your worships may seem meet and agreeable
to Equity and good Conscience may it please your worships to grant unto your orators
and oratrix the CommonWealth's writ of Subpoena &c
The answer of Gilbert Leatherberry
and Peggy and Wm. Edmunds --- by Geo. Parker their Guardian by the court specially
appointed to Defend this Suit These Defendants saving and reserving to themselves
all benefits of Exception to said Bill for answer thereto say that the Facts in the
said Bill Stated are true, and these respondents have nothing to say or alledge against
a Division being made of the Slaves in the bill mentioned agreeable to Law and the
prayer of the Bill --- the Defendants Gilbert and Peggy & Wm. Edmunds are however
Infants of tender years and incapable by themselves of making Division of said Salves
& these Respondents do therefor submit themselves to this court and rely on Justice
being done to them as to all others Without That That any other matter &c And these
Respondents pray to be hence dismissed &cGeo. Parker
Sources:
_____. Accomack County VA Chancery Causes, 1727-1805. John Hannaford & Wife Etc vs Gilbert Leatherberry Etc 1795-015. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 12 April 2012.