George Smith vs John Hannaford 1796-001 - Transcribed by Gail M. Walczyk

Spelling remains the same

To the worshipful the Justices of Accomack county in Chancery, Humbly Complaining sheweth unto your worships your Orator George Smith. --- That a certain Mckemmie Boggs Senr. late of the county afsd now decd, Grandfather to your Orator, was in his lifetime and at the time of his death seized & possessed in his own right of a considerable Estate real and personal & so thereof being seized and possessed upon the day of duly made and published his last will and testament in writing whereby among other devised and bequests therein contained he gave to your Orator, who was his grandson, if he should live to the age of 21 years £10 cash in lieu of some creatures he bought of the estate of your Orator but that if your Orator should not live to that age, the he gave him the sum of £6.18 in lieu of £10. --- That after several other specific & percunary Legacies & bequests, he left all his other estate, that he had not already given, to his wife Sarah Boggs for her support during her life and after her death to be equally divided among his three daughters, Sarah, Susanna the mother of your Orator & Betty if living or to them that is then living, & thereof he appointed his sd. wife & his son William Boggs his Executrix & executor. --- That some time afterward to wit in the year of our Lord 17 the sd. Susanna mother of your orator departed this life, having your Orator her only child; & afterward to wit in the year 17 the sd. Sarah Boggs, widow of sd. Mclkemmie also died, Intestate, Your Orator being then an infant under the age of 21 years. --- that after the death of the sd. Sarah Boggs, John Hannaford who had before that time with Sarah the daughter of sd. Mckemmie & Jacob Bradford who had also before the intermarried with the sd. Betty, immediately proceeded to posses themselves of the whole estate, then remaining of the sd. Mckemmie Boggs decd, which had not been consumed by his sd. widow in the use thereof, as also all the Estate which had been acquired by the sd. Sarah after his death & of which she died possessed. --- that afterwd. to wit about the year 17 the sd. Jacob Bradford departed this life having first duly made and published has last will & testament in writing & which since his death has been duly proven & admited to record in this court by which sd. will he gave to his wife the sd. Betty the whole of his slaves & personal Estate & thereof appointed her an executrix, as by A copy of his will hereto annexed may appear. --- That afterward to wit in the year 17 the sd. Betty being then possessed of the estate of her decd husband the sd. Jacob Bradford under the bequest to he therein contained, intermarried with Benja Floyd, by means the bequest to her therein contained, the said Benjamin became possessed of & intitled to the whole of the slaves and personal estate of the sd. Jacob Bradford decd. --- That since the intermarriage of the sd. Sarah with the sd. Benjamin your Orator arriving to the age of 21 years well hoped that the sd. Benjamin Floyd who was then in possession of the slaves & personal estate of sd. Jacob Bradford, by means afsd, & the sd. John Hannaford would have paid to his the Legacy to left him by his sd. Grandfather, and also the one third part of the sd. McKemmies estate bequeated as afsd to your Orators sd. mother, which remained unconsumed at the death of sd. Sarah, the widow of sd. McKemmie, to whom the use thereof was bequeathed as afsd to your for life as afsd, as well as his share of the estate of sd. Sarah Boggs your Orators sd. Grandmother who acquired a considerable property after the death of the sd. Mckemmie & of which they possessed themselves as afsd: The sd. Sarah leaving at her death children, & grandchildren by others entitled to distribution of her estate. --- But now so it is may it please your worships that the sd. Benjamin Floyd & John Hannaford have only paid unto your Orator the sums of £2.10 each part of sd. Legacy & have altogether refused to pay any more and also refuse to pay to your Orator any part of the estate of his sd. Grandfather so as afsd bequested to your Orators Mother, after the death of sd. Sarah, or to pay to your Orator any of the Estate of the sd. Sarah Boggs widow of the sd. McKemmie, which was acquired by her after the death of her sd. husband & to which your Orator was entitled to share, which is contrary to Equity & good Conscience & tend to the wrong injury & oppression of your Orator. --- In tender consideration whereof & for that your Orator is remediless in the premisses save only in a court of Chancery where matters of this kind are properly cognizable. --- To the end therefore that the sd. Benjamin Floyd & John Hannaford may true distinct & perfect answer make to all and singular the premisses herein before contained & charged as if the same were again particularly repeated & interrogated more especially that the sd. Benjamin Floyd & John Hannaford did not upon the death of the sd. Sarah Boggs take into their possession & convert to their own use all the estate remaining of the sd. McKemmie decd? Whither they did not also take in to their possession & Convert as afsd all the Estate which the sd. Sarah had acquired after the death of her husband & whereof she did possess? What was the amount of the estate of sd. Mckemmie, then remaining which had not been consumed in the use? what was the amount of the property acquired by the sd. Sarah after the death of her sd. husband which came to their hands? Whither the sd. John Hannaford ever paid to your orator any more that 50/. as afsd of sd. Legacy? Whither the sd. Jacob Bradford in his lifteime, or his sd. wife who was his Executrix after his death, ever paid to your Orator any part thereof? Whither the sd. Benja Floyd since his intermarriage with the sd. widow & executrix of sd. Jacob Bradford hath ever paid to your orator any more that the sum of 50/. of sd. legacy? and that the sd. Benjamin Floyd may answer whither the slaves and personal estate of the sd. Jacob Bradford may answer whither the slaves and personal estate of the sd. Jacob Bradford have not come to his hands and possession in manner afsd? & whither there be not sufficient thereof yet remaining unadministered full to satisfy & pay to your Orator as well his sd. mothers share of the estate of sd. McKemmie, which remained at the death of sd. Sarah his widow, as also your Orators share of the estate of sd. Sarah acquired by her after the death of her husband, & the balance of the Legacy so left by your Orators sd. Grandfather which yet remains unpaid & Interest thereon? And that your Orator may be relieved in all and singular the premisses according to Equity & good Conscience may it pleas your worships the premisses considered to grant unto your orator the Com: Wealths most gracious writ of Subpona to the sd. John Hannaford & Benja. Floyd to be directed commanding them & each of them that on a certain day & under a certain pain therein to be limited and inserted they be and appear before your worships in chancery then & there to answer the premisses & to stand to & abide such order, direction & decree therein as to your worships shall seem meet and agreeable to Equity & good conscience
& your Orator will ever pray &c:
Wise pr Compt.

vs . . . . . Subpa in Chany
Noah Beloter S. Shf
for Jno. Smith

The commonwealth of Virginia to the Sherif of Accomack County Greeting: we command you that you summon John Hannaford and Benjamin Floyd to appear before the Justices of the Court of the county afsd. In Chancery at the Courthouse on the last Munday in August to answer a Bill in Chancery exhibited against them by George Smith and this they shall in no wise omit under the penalty of one hundred pounds And have then there this writ Witness Littleton Savage clerk of the said Court at the courthouse the fifth day of August 1794 in the 19th Year of the Common Wealth
Littleton Savage

G. Smith
vs . . . . . Answer
Jno. Hannaford

The separate answer of John Hannaford to the Bill of complaint of George Smith against this defendant and Benjamin Floyd exhibited This Respondent saving and reserving unto himself all manner of Benefit of Exception to the manifold imperfections insufficiencies and untruths in said bill of complaint contained for answer thereto or to so much thereof as this Respondent is advised is material or necessary for him to answer unto answering saith that he doth admit McKemmie Boggs made his last will and Testament as in the said Bill set forth, and that the Executors therein named took up the Burthen of the Executorship, this Defendant doth also admit that Susanna mother of the complainant died berfor Sarah Boggs mother of the complainant died before Sarah Boggs widow of McKemmie and that the said Sarah Boggs died intestate on Day of anno domini 17 during the Infancy of the complainant after the Death of said Sarah this respondent and Jacob Bradford in Right of Sarah Boggs and Betty Boggs daughters of McKemmie with whom this Respondant and said Bradford had intermarried took possession of what property they could obtain which was left by said Sarah Boggs widow of McKemmie to value of £30 --- or thereabout as this Respondent doth suppose which property this Respondent and said Bradford claimed as the residue of the property of McKemmie Boggs so as afrsaid by him devised, this Respondent was not at the time of taking possession of the afsaid property informed of the Legacy to the Complainant being due to him nor doth this Respondent at this time know whether said Legacy was paid or not to said complainant by the Executors of said McKemmie but he doth suppose mo payment thereof ever hat been made by said Executors as the said Legacy appears by the will of said McKemmie mot to have been payable before the full age of said complainant Sarah Boggs the Executrix died as before stated previous to the complainant's arriving to the age lf 21 years, this Respondant not being the legal representative of the afsaid Sarah Boggs the widow or of said McKemmie Boggs so as to have possession of said McKemmie's will did not know any particulars relative to the legacy due to said Geo. Smith untill an application was mad to him by the order of said Geo. smith for the payment of the said Legacy or one half thereof, which Legacy was at that time represented to this Respondant to amount to the Sum of five founds one half of which five founds to wit the sum of fifty shilling this Respondent did pay on Demand to the order of the Complainant which a this time the Respondent conceived was the whold amount of his this Respondents proportion of said Legacy some years after this however another application was made to this Respondnet and Benjamin Floid the oterh Defendant by Geo. Smith this Complainant for five pounds more being the ballance of said legacy and this Defendant uppon the said application after being convince of the amount of said Legacy offered to pay one half of said five pounds and hath always been ready to pay the same ever since the Demand by said Geo. Smith, this Respondent conceiving that the whole of the property which came to his hands thro' said Sarah Boggs was properly the property of McKemmie Boggs's estate & of right belonged to this Respondent and the afsaid Bradford in Right of their aforesaid respective wives who were the only Daughters of McKemmie Boggs living at time of the Death of said Sarah Boggs his widow hath always refused and doth still deny to render any part thereof to the Complainant in Right of his said mother unless he shall be decreed to render the same by your Worships without that &c. --- All which matters and things &c this respondent therefore prays to be hence dismissed with his costs in this Behalf most wrongfully sustained
Geo. Parker P Defdt


_____. Accomack County VA Chancery Causes, 1727-1805. George Smith vs John Hannaford 1796-001. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 29 March 2012.

© Copyright 2012 by Gail M. Walczyk