Thorogood Bell & wife vs John Drummond Infant etc. 1799-023 - Transcribed by Gail M. Walczyk

Spelling remains the same

Bell & ux
vs . . . . . Chy

To the worshipful the Justices of Accomack County in chancery humbly complaining sheweth unto your worships the Bill of complaint of Thorogood Bell & Esther his wife, That a certain Henry Drummond the former husband of your Oratrix being in his lifetime & at the time of his death possessed in his own right of a number of Slaves, did upon the 7th day of Novr 1795 duly make his last Will & testament in writing, which since his death on the 28th day of Decr. in the year afsd. has been proven & admitted to record in the manner prescribed by law, & thereby among other bequests mad one to his son Thomas B. Drummond in the following words, towit, "I give unto my son Thomas B. Drummond six Negroes namely Matthew, Will, Sall, Reuben, Peter & Hannah, to him & his heirs & assigns forever, But if my son Thomas should die without lawful heirs surviving him, then I will & five the afsd. six Negroes to be equally divided between my three children namely John, Peggy & the child my wife is pregnant with. "And Your orator & oratrix also shew that the said Henry Drummond further expressed himself in his said will & testament in the words following towit, "That my will is all the remainder part of my estate mot heretofore given after paying all my just debts be equally divided between my daughter Peggy Drummond & the child my wife now goes with, but if my said child yet unborn should die without lawful heir of his or her body surviving it, then all that I have given it, I give to my loving wife Esther Drummond, to her & her heirs & that the said Henry Drummond departed this life on the 22nd day of Decr. 1795 leaving the afsd. Thomas B. Drummond his only child by a second wife, the afsd. Jno & Peggy Drummond his only children by his first wife & a son who was born on the 9th day of Decr. 1795 (Being the child his wife was pregnant with at the time of making his said will) & departed this life on the 27 day of May 1796. --- That the sd. Thomas B. Drummond has since, towit, on the day of Jany 1799 also departed this life an infant under the age 21 years & without issue. --- Your Orator & oratrix are advised that they are entitled in right of your Oratrix to of the share in the six slaves afsd. & their increase, which your oratrix was pregnant with as afsd in the event of its outliving the sd. Thomas B. Drummond. --- That of the afsd slaves Martha, Will, Sall, & Rubin are alive and Peter and Hannah are dead, and two others, to wit, Young Martha & Bill have since born since the death of the sd. Henry Drummond & before the death of the sd. Thomas B. Drummond & That it would conduce to the Interest of your Orator & Oratrix as well as to the Interest of the sd. John & Peggy Drummond to have a division of the sd. Slaves made among them according their respective right. But now so it is may it please your worships that the sd. Jno. & Peggy Drummond being infants under the age of 21 years cannot consent to such division, nor can the same be affected without the aid of your worships in Chancery In tender consideration whereof and for that no satisfaction in the sd. slaves can be made without the interposition of this court, --- To the end therefore that a division may be mad between your Orator & Oratrix in right of your Oratrix & the sd. John & Peggy Drummond may it please your worships the premisses considered to grant to your Orator and Oratrix the Com: Wealths wt. of spa &c:

The answer of John & Peggy Drummond Infants by John Custis their guardian specially appointed by the court for the purpose of defending this suit, to the bill of complaint of Thod Bell & Esther his wife. --- The deft. answering saith that he admits the several matters charged by the Complts in their bill to be true so far as relates to the will of sd. Henry Drummond, the slaves devised & the death of the children of sd. Henry and thereupon this deft. for his sd. wards submits to the decree of this Court whether the sd. Compts in right of the sd. Esther are entitled to any & to what part, if any, of the slaves
John Custis

Thhorowgood Bell & Esther his wife Plt.
against . . . . . In chancery
John & Peggy Drummond orphans Deft.

In Obedience to an Interocutary Decree of the worshipful Court if the County of Accomack We the subscribers have divided the slaves belonging to the Estate of Thomas Drummond decd in the bill & answer mentioned in the following manner to wit

Negro Will valued at £70.00.00
Sall Do 40.00.00
Reuben Do 30.00.00
Mathew & Children 65.00.00
To Thorowgd Bell & Esther his wife in right of the sd. Esther
we have assigned Will @ £70.00.00
To pay to Peggy Drummond 01.13.04
To John Drummond we have
assigned Sall & Reuben £70.00.00
to pay to Peggy Drummond 01.13.04
To Peggy Drummond we have
assigned Mathew & Children £65.00.00
and to receive of Thorowgd Bell 01.13.04
And of John Drummond 01.13.04
The whole of the Negro hire for the present year Except Two pounds five shillings which is to be paid to Thorowgood Bell in right of his wife to be equally divided between the said John & Peggy Drummond all which we submit to the worshipfull court aforsd
Given under our hand this the 23d day of August 1799
William Gibb
John Bull Senr.


_____. Accomack County VA Chancery Causes, 1799- 023. Petition of Anne Downing 1783-005. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 4 April 2012.

© Copyright 2012 by Gail M. Walczyk