Mckeel Bonwell Sr. Etc. vs William Bell Sr. & wife Etc. 1799-008 - Transcribed by Gail M. Walczyk

Spelling remains the same

Bonewell &c
vs . . . . . Chy
Bell &c

To the worshipfull the Justices of Accomack County in Chancery Humbly Complaining sheweth unto your worships your Orators McKeel Bonwell Senr. James Bonwell and Thomas Bonwell That a certain John Parker decd, was in his lifetime, to wit, upon the day of in the year of our Lord seized and possessed in his own right in fee simple of a certain tract or parcel of Land lying in the county afsd at the the white marsh & containing acres. --- That the sd. Parker residing at that time in the state of Delaware, and being desirous to sell the sd. tract of Land, upon the day & year afsd. made and executed a deed to your Orators conveying the same to them, in [-----] to be by them sold for the benefit of him the sd. John Parker. Then in pursuance of the sd. tract your Orators afterward, to wit, upon the day of 17 did sell the sd. tract of land to a certain Zerobable Rodgers and made and executed an Indenture of bargain & sale to him for the same for the consideration of current money of Virginia as is expressed in the sd. Deed now of record among the records of this Court, reference being thereto had may more fully appear. --- that soon after the sale to sd. Zoro. Rodgers, and the execution of the sd. Deed to him upon consulting a certain George Corbin, an atty the prectising in this County, it was advised by him that the afsd deed made as afsd by the sd. Jno. Parker to your Orators was not so perfect & Compleat in some particulars as it might be, or as was intended by the sd. Parker, and also advised your Orators to send back the sd. Deed to be cancelled, together with one draughted by the sd. Corbin for the sd. Parker to execute. --- This was done, and your orators, who had acted in the business merely from motives of friendship, and from no other consideration whatever, well hoped that the sd. Deed which had been draughted as afsd by the sd. Corbin, would have been executed by the sd. Parker and sent back to them, and that they should have been put to no more trouble about the business. --- But now so it is may it please your worships that the sd. John Parker having departed this life before the sd. Deed had got to hand, your Orators were failed in their expectations of geting the one executed which had been drawn by the sd. Corbin and what still [-----] [-----] to their predudice the deed which had been executed by the sd. Parker as afsd by some means, in the confusion of his family upon the event of his death, as your Orators suppose, got lost on mislaid so that your Orators have never been able to reclaim it since. --- The deed made by your Orators to the sd. Zorobable Rodgers as afsd contains a clause of Warranty, by which your Orators are apprehensive they or their estates may be affected here after in case the heirs of sd. Jno. Parker, in whom is now, in consequence of the accident afsd, the legal title to the sd. lands, shall recover them Altho your Orators shew unto your worships that since the death of the s. Jno. Parker who died Intestate, the consideration money paid for the sd. tract of land by the sd. Zoro: Rodgers has been recd. by his admr. and distributed among the wife, & Children of the sd. John Parker in such manner as the law directs. --- In tender consideration whereof and for that your Orators can only be relieved in a court of Chancery whose province it is peculiarly to relieve against accident, and where evidence can only be taken and preserved in perpetuam rei memoriam. --- to the end therefore that William Bell Senr. & Mary his wife (formerly the wife of the sd. Jno. Parker) and James, Esther & Betsy Parker children of the sd. Jno. Parker may be made defendants hereto, and on oath may be compelled true; distinct and perfect answer to make to all and singular the premisses afsd. --- That the evidence of those, in whose knowledge only the premisses afsd. rest, may be taken and preserved in perpetium rei memoriam and your Orators relieved in all and singular the premisses according to equity and good consience, may it pleas your worships the premisses considered to grant unto your Orators the Com: Wealths writ of Spa to the sd. Wm. Bell & Mary his wife and the sd. James, Esther & Betsy Parker to be directed, commanding them and every of them that on a certain day and under a certain pain therein to be limited & there to answer the premisses and to stand to, abide by and perform such other or further order or decree therein as to your worships shall seem meet and agreeable to Equity & good Conscience, And your Orators as in duty bound will pray &c:
Wise for Complts. ---

Bonwell &
vs . . . . . Subpa in Chancery
Bell &
Summoned the within
J More for Jno Burton Sff

The commonwealth of Virginia to the Sheriff of Accomack county Greetings we Command you that you summon William Bell & Molly his wife, James Parker, Esther Parker and Betsy Parker to appear before our Justices of our Court of our sd. county in chancery at the Courthouse on the last Monday in November next to answer a Bill in chancery exhibited against them by James Boniwell, Thomas Bonewell and McKeel Bonewell and this they Shall in no wise omit under the Penalty of one hundred pounds and have then there this writ Witness Littleton Savage Clk of the said court at the Courthouse the 15th day of Novr. 1796 in the 21 Year of the Commonwealth
Litt Savage

Bell &c
ads . . . . . Answer
Bonwell
vThe seperate answer of Mary Bell the wife of William Bell Senr. to the bill of complaint of McKeil Bonwell Senr. James Bonwell and Thomas Bonwell, This deft saving &c: all manner of exception to the insufficiencies of the complainants bill of complaint for answer thereto or to such part thereof as this deft is advised is in any wise material for her to make ansr. unto he answereth & saith. --- That she has no knowledge or recollection of the deed spoken of by the complts in thier bill from the sd. John Parker her former husband to the sd. Complts. more than that she has understood there was such a deed, and recollects to have attended at Colo. Clement Parker's for the purpose of conveying her right of Dower in the lands sold to Zorobabel Rodgers, and was privily examined by him, to wit, whither she voluntarily consented to the sale, or whither it was done by the treats or persuasions of any persons, but she does not recollect to have seem any deed or paper at the time. --- This deft. also saith that after the death of her sd. first husband, who died in the state of Deleware: she administered upon his estate & has received since of the sd. Zorobabel Rodgers the sum of four hundred pounds Virginia currency, which was the sum the sd. Rodgers gave for sd. land, & which has been, or is now in hand ready to be, distributed among herself and James, Esther & Betsy Parker children of the sd. John Parker her former husband. --- Without that that there is anything material &c: wherefor this deft prays to be hence dismissed &c:
Mary Bell
Apl the 25th 1798
the foregoing answer sworn to before
Thos Custis

McKeel Bonwell &c
vs . . . . . Chy
Wm. Bell & ux &c
Bill

Jno. Bull appd Guardian to James & Betsy Parker

The Seperate answer of James and Betsy Parker Infant by John Bull their Guardian Specially appointed by the court to defend this suit to the bill of complaint of McKeil Bonewell Senr. James Bonewell & Thomas Bonewell. this Defendant saving and reserving all manner of exception to the insufficiencies of the Complainants Bill of the Complainant for answer thereto or so much thereof as this Defendant is advised is in any wise material or necessary for him to make answer unto he answereth and saith --- That he is an entire stranger to the whole facts stated in said Bill and has no knowledge thereof and submits to such Decree as your Worships shall make in the premises consistant with the law Testamony and Equity --- Without that that there is any thing material &c wherefore this Deft. prays &c

May 28th 1799 The above answer sworn to by John Bull before me
John Shepperd Ker

Bonwell &
vs . . . . . Dedimus
Bell &

McKeel Bonwell, James Bonwell & Thomas Bonwell complts.
vs . . . . . In Chy
Wm. Bell Sr. & wife & others

The commonwealth of Virginia, to Thomas Custis & Coventon Broadwater Gentlemen, greeting: Know ye that we trusting to your fidelity and provident circumspection in deligently examining the Witnesses as well on behalf of Michael Bonewell & others Plts as William Bell Senr. & wife & others Defts --- command you or any two of your that at such certain days and places as you shall appoint you assemble yourselves and the Witness aforesaid, before you or any two of you, you call and cause to come and diligently examine on the Holy Evangelist of Almighty God, and their examination into our court of our said County, you shall send and certify inclosed without delay, under you seals, sending then there this writ. witness Littleton Savage, clerk of our said Court, at the court-house, the 24th day of April in the year of our Lord one thousand seven hundred and ninety Eight and of the Commonwealth the twenty Second
Litt: Savage

The deposition of John Cusits Esqr of lawfull age being first duly sworn deposeth & saith that soon after John Parker, the former husband of Mrs. Bell, had moved from this county to the state of Deleware, the deponent was called on to atted at the late Colo, Clemt Parker's to take the privy examination of the said Mrs. Bell, then the wife of the sd. John Parker for the conveyance of a tract of land in the white marsh, but this deponent cannot now remember Whither the sd. deed conveyed the land to the complainants of to Zorobabel Rodgers, but remembers it was to one or the other. --- The privy examination of Mrs. Bell, then Mrs. Parker, was taken and this deponent thinks he was requested to take possession of the sd. Deed & carry it to court, which he thinks he did, but cannot now remember what he did with it, or what he was requested to do with it. --- & further this deponent saith now. ---
John Custis

The foregoing deposition was taken this 25th day of April 1798 at the house of Wm. Bell Sent. in presence of his the sd. Bell & his wife, by virtue of the annexed commission
Thomas Custis
Coventon Brodwater


Sources:

_____. Accomack County VA Chancery Causes, 1727-1805. Mckeel Bonwell Sr. Etc. vs William Bell Sr. & wife Etc. 1799-008. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 16 April 2012.


© Copyright 2012 by Gail M. Walczyk