Jonathan Fitchett etc. vs William J. Young etc. 1804-008 - transcribed by Gail M. Walczyk
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To the worshipful the Justices of Accomack county
in Chancery Humbly complaining sheweth unto your worships you Orator and Oratrixes
Jonathan Fitchett, Michael Fitchett, Mathias Taylor and Elizabeth his wife, Shady
Fitchett (daughter of Salathiel Fitchett) Thomas Newton & Peggy his wife, John Fitchett
& Thomas B. Fitchett by Jno Fitchett his next friend, Shady Fitchett (daughter of
Danl) by Jno Fitchett her next friend & Clara Trower Davis That a certain Salathiel
Fitchett Senr. formerly of this county, but now some time since decd., being in his
lifetime besides other considerable estate, possessed in his own right of sundry
slaves, did upon the 13th day of January 1767 duly make and publish his last will
& Testament in writing, which since his death has been proven and admitted to record
in this court, in the manner prescribed by law, & by his sd. will he lent to his
wife Shady Fitchett, during her widowhood, all the remainder of his moveable estate,
after some few specific legacies; & at her death or marriage he gave all the moveable
estate including Negroes, so lent to his wife, to be equally divided among all his
children, except his son Wm. as will more fully appear by reference to sd. Will hereto
annexed. --- That beside the sd. Wm. who by sd. will is excepted from sd. bequest,
the sd. Salathiel Fitchett Senr. left the following children, to wit, Clara Trower
Fitchett & Shady, Sinah & Annaritta Fitchett, Salathiel, Thomas, Jonathan & Severn
Fitchett & also his wife then pregnant with his son Daniel Fitchett. That the sd.
Shady Fitchett the widow of sd. Salathiel the testator took the sd. slaves, under
the slaves, under the bequest to her as afsd & that lately to wit the 21st day of
March 1804 departed this life, leaving, of the slaves aforsd, a Negro man named Peter
--- That the sd. Slave Peter now belongs equally as your Orator & Oratrixes are advised
to the children of the sd. Salathiel Fitchett Senr. now living and the representatives
of those deceased, except William to the limitation in the sd. will, of the the sd.
Slaves, after the widowhood of the sd. widow. That the children of the sd. Sala.
Fitchett Senr. there are now living Jonathan, Shady the wife of Wm. J. Young, Sinah
the wife of Crippen Taylor & Clara Trower, now Clara Trower Davis. That the sd. Salathiel
Fitchett the son of the testator is dead, sometime since, leaving children, to wit
Michael Fitchett, Elizabeth the wife of Mathias Taylor, Shady Fitchett, & Peggy Fitchett
the wife of Thomas Newton & that the sd. Thos. Fitchett the son of sd. Salathiel
the testator is also dead, leaving children John and Thomas B. Fitchett. That the
sd. Daniel Fitchett is also dead leaving a child Shady Fitchett. --- That the Annaritta
is also dead leaving a Child Betsy Taylor & That the sd. Severn Fitchett is also
dead leaving children Peggy & Nancy Lemmon Fitchett, so that sd. Jonathan is entitled
to one ninth part of sd. Slave; The sd. Wm. J. Young & Shady his wife in right of
sd. Shady is entitled to one other ninth part thereof; the sd. Crippen Taylor &
Sinah his wife in right of sd. Sinah to one other ninth part thereof; the sd. Clara
Trower Davis to one other ninth part thereof; the sd. Michael Fitchett, Mathias Taylor
& Elizabeth his wife, in right of sd. Eliza Shady Fitchett & Thomas Newton & Peggy
his wife in right of sd Peggy to one other ninth part thereof; the sd. John & Thomas
B. Fitchett to one other ninth part thereof; the sd. Shady Fitchett, daughter of
sd. Daniel, to one other ninth part thereof; the sd. Betsy Taylor to one other ninth
part thereof and the sd. Peggy & Nancy Lemmon Fitchett to the other ninth part thereof.
and your Orators and Oratrixes further shew that it wd. much conduce to the interest
of the parties afsd to have the sd. slave sold and the money arising from the sale
to be divided among them according to their respective interests therein: But so
it is may it please your worships that the sd. Betsy Taylor, Peggy H. Fitchett &
Nancy L. Fitchett being infants under age cannot consent to a sale & a division thereof
nor cam the same be effected in any way save only by the aid of your worships in
chancery. To the end therefore that a sale & division may be decreed, according to
the respective rights of the sd. Parties may it please your worships to grant the
Com: W. writ of spa to the sd. Wm. J. Young & shady his wife, Crippen Taylor & Sinah
his wife, Betsy Taylor, Peggy H. Fitchett and Nancy Lemmon Fitchett to be directed
Commanding them & each & every of them that on a certain day and under a certain
pain therein to be limitted and inserted they be & appear &c: Wise for Complts.
The
joint answer of Wm. J. Young & Shady his wife, Crippen Taylor & Sinah his wife and
also for Betsy Taylor, Peggy H. Fitchett & Nancy L. Fitchett infants by Zadoc Nock
their guardian specially appointed to defend this suit, to the bill of Complaint
of Wm. J. Young & wife &c: att. them exhibited, these defts. for answer to sd. bill
say they cannot gainsay the truth of the matters stated in sd. bill, That they have
no objection to a sale of sd. slave Peter & a division of the money arising therefrom
among the parties according to their several rights, & submit to such decree in the
premisses as to this court shall seem meet & consistent with equity & right Zadok
Nock
Fitchett & al vs . . . . . Summon in Chy Young & al Sumd Jo
Nock Dy John Teackle sheriff
The Common Wealth of Virginia to the Sheriff
of accomack County, Greeting We command you that your summon William J. Young and
Shady his wife, Crippen Taylor and Sinah his wife, Betsy Taylor (daughter of Shadrack)
Peggy H. Fitchett & Nancy Lemmon Fitchett to appear before the justices of our said
county court of Accomack at the Courthouse of the said county on the last Monday
in May Inst. then and there to answer a bill in chancery exhibited against them by
Jonathan Fitchett, Michael Fitchett, Mathias Taylor & Elizabeth his wife, Sady Fitchett
(daughter of Salathiel jr.) Thomas newton & Peggy his wife, John Fitchett & Thomas
B. Fitchett, Shady Fitchett (daughter of Daniel Fitchett) & Clara Trower Davis and
have then there this writ, Witness Littleton Savage clerk of our said court at the
court house afsd the 4th day of May 1804 in the 28th Year of the Common Wealth Litt:
Savage ClC
the aires of Slathel Fitchett as Viz Mikel Fitchett & Mathias Taylor
Elisabeth Taylor his wife & Shaday Fitchett, Fitchett & Thos Newton & Peggy Newton
his wife
thomas Fithett aires: John Fitchett & Thomas B. Fitchett
the
aires of Daniel Fitchett, Sahday Fitchett
Clear Trower Davis all those
in the Mearctent States
Johnathan Fitchett
Wm. J. Young & Shady his
wife
Crippen Taylor & Sinah his wife
the aires of a Riter Taylor wo
married Shad: Taylor & is dead leaving issue
The aires of Severn Fitchett
Peggey Fitchett & Nancy Lemmon Fitchett
Bring suit in Chy to divide a Negro
slave named Peter, between the above, under the will of Salathiel Fitchett Senr.
Fitchett vs
. . . . . return of sale of Slave Fitchett
In Obedence to an Ordour of
the cort of Accomakc County the 29 Day of May 1804 that Jonathan Fitchett Shall Sel
a Negroe man by the Name of Peter & I the aforesaid Fitchett have Sold the Said Negroe
a Publick [-----] the 28 Day of July in the year above Datted for the sum of £80.0.0 Jonathan
feitchett
Sources:
_____. Accomack County VA Chancery Causes, 1727-1805. Jonathan Fitchett etc. vs William J. Young etc. 1804-008. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 29 April 2012.