Samuel Costin et als vs Thomas Widgeon et als 1801 - Transcribed by Gail M. Walczyk
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Saml Costin & al vs . . . Chy Tho: Widgeon & al
Bill
1800 J. W. August 12th order for subpoena &c
To the worshipfull the Justices of Northampton County in Chancery Humbly complaining sheweth unto your worships your Orator & Oratrixes Samuel Costin, John Costin, Abraham Costin, John Williams & Anne his wife, Thomas Butler & Francis his wife, Arthur Evans & Eleanor his wife, Peggy Costin William Salisbury & Elizabeth his wife, That a certain Abraham Costin, Senior, late of this county now deceased, was in his lifetime and at the time of his death seized in his demesne as of fee of and 100 acres of land and being so thereof seized departed this life upon the __ day of Jany 1800 --- Intestate, leaving the following children, to wit, Your Orators and Oratrixes Saml, John, Abraham, & Peggy Costin, Anne Williams Frances Butler, Eleanor Evans & Elizabeth Salisbury and the following grandchildren, to wit, Thomas, Sarah, Levin, and William Widgeon, the issue of Susanna one of the deceased daughters of sd Abraham Costin Senr. by Thomas Widgeon her decd husband, Amelia & Sarah Goffigon the issue of Sarah another deceased daughter of sd Abraham Costin Senr. by Peter Goffigon her decd husband & Mary Dixon the issue of Lucretia another decd daughter of the sd Abraham Costin Senr. by Jno Dixon he decd husband. --- That by virtue of the death & intestacy of the sd Abraham Costin Senr. the afsd Lands & appurtenances have descended & passed as your Orators & Oratrixes are advised, to his sd Children & grandchildren, in the following portions, that is to say to each of his sd Children one eleventh part, to the afsd four children of Susanna one fourth of one eleventh part each, to the two children of Sarah Goffigon on hale of one eleventh part each, & to the child of Lucretia Dixon one eleventh part. --- And your Orators & Oratrixes also shew that the afsd land so descended as afsd, from a scarcity of timber and other causes, if divided among the sd Children & grandchildren according to their several rights as aforestated will be greatly diminished in its value in so much that the shares therein will not be worth one hundred dollars each. --- Your Orators & Oratrixes inasmuch as it would tend very much to enhance the value of the shares of the parties afsd in said Lands had proposed that a sale thereof should be made altogether & the money arising therefrom divided among them according to their several Interests therein. But so it is may it please your worships that the sd grandchildren viz: Thomas, Sarah, Levin, & Wm. Widgeon; Amelia & Sarah Goffigon & Mary Dixon being infants under the age of 21 years cannot consent to a sale of sd Lands nor can the same be effected but by the aid of your worships in Chancery. --- to the end therefore that a sale of the sd Lands and appurtenances may be made and the money arising therefrom be divided among your Orators & Oratrixes & the sd Infants according to their several & respective lands, had proposed that a sale thereof should be made altogether & the money arising therefrom divided among them according to their several Interest therein. But so it is may it please your worships that the sd grandchildren viz: Thomas, Sarah, Levin & Wm. Widgeon; Amelia & Sarah Goffigon & Mary Dixon being infants under the age of 21 years cannot consent to a sale of sd Lands, nor can the same be effect but by the aid of your worships in Chancery. --- To the end therefore that a sale of the sd Lands and appurtenances may be mad and the money arising there from be divided among your Orators & Oratrixes & the sd Infants according to their several & respective rights therein, may it please your worships to grant to your Orators & Oratrixes the Com:Wealth's writ of subpoena to the sd Thomas, Sarah, Levin & Wm. Widgeon, Amelia & Sarah Goffigon & Mary Dixon to be directed commanding them & each of them that on a certain day & under a certain pain therein to be limited & inserted they be & appear before your worships then & there to answer the premisses & to stand to, abide by & perform such other or further order or decree therein as to your worships shall seem meet & consistent with equity & right & your Orator & oratrixes will ever pray &c Wise for Complt.
Costin & al vs . . . Spoe: Chan: Widgeon & al 1800 November 12th Decree &c & Continued 1801 March 11th final Decree
Executed the within as commanded Wm. Wilson DSh for John Tompkins Sheriff
The Commonwealth of Virginia To the Sheriff of Northampton County Greeting: You are hereby commanded that you summon Thomas, Sarah, & Levin Widgeon & William Widgeon, Amelia & Sarah Goffigon, & Mary Dixon to appear before our Justices of said County Court at the Courthouse on the second Monday in November next, to answer a Bill in Chancery exhibited against them by Samuel, John & Abraham Costin, John Williams, & Anne his Wife, Thomas Butler & Frances his Wife, Arthur Evans & Eleanor his Wife, Peggy Costin & William Salisbury & Elizabeth his Wife: And this they shall in no wise omit under the penalty of £100; and have then there this Writ. Witness Thomas Lytt. Savage Clerk of our said Court at the Courthouse the 12th Day of November 1800 in the 25th year of the Commonwealth Thos. Lytt. Savage
The ansr of Thomas, Sarah, Levin, & Wm. Widgeon, Amelia & Sarah Goffigon & Mary Dixon by John Evans their guardian by the court especially appointed to answer the bill of complaint of Saml, John and Abraham Costin, John Williams & Anne his wife, Thos. Butler & Frances his wife, Arthur Evans & Eleanor his wife, Peggy Costin, & Wm. Salisbury & Elizabeth his wife agt them exhibited. The defts. by their guardians say that they cannot gainsay the truth of the several matters & things set forth & charges in the complainants sd bull of complaint, but admit the same to be true & submit themselves to such order or decree in the premisses as this court may make therein. --- John Evans
Return to be made to the Court
Costin & al vs . . . Commissioners report Widgeon & al
1801 Febry 9th final Decree
Northampton January 13th Day 1801
By Virtue of and in Obedience to a Decree of the court bearing Date the 12th November last --- We have made Sale of the lands which Abram Costin Died Seized of agreeable to the Order of which Abram Costin Junr became purchaser for the Sum of One thousand & twenty five Dollars --- who has Complyed with the terms of sale --- Set forth in the said Decree Nathl Goffigon Benjamin Stratton
Sources:
Walczyk, Gail M. Northampton County VA Chancery Causes, 1721-1816, Vol 5. Coram NY: Peters Row, 2009, p. 1.