John Bloxom & Uxr vs Wilkins in Chancery - Transcribed by Gail M. Walczyk
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John Bloxom & Uxr
vs . . . . . . in Chancery
Wilkins

1787 Feby Time to answer
1789 May 19th Time to answer
1790 June 15th Atta & want of answer
1791 Jan 18. Alais Atta
Augt 16. Answer & Comm
1792 Augt 16 Dismissed
4th Day

The commonwealth of Virginia to the Sheriff of Northampton county Greeting: You are hereby commanded to summon John Wilkins (OB) to appear before our Justices of the court of Quarter Sessions at the courthouse of the said county the second Tuesday in November next the & there to answer a bill in chancery of John Bloxom and Sarah his wife exhibited against him and this he shall in no wise omit under the penalty of one hundred pounds and have then there this writ. Witness William Stith clerk of our said court at the Courthouse the 25th day of Sept 1786 in the eleventh year of the Commonwealth
Wm Stith

To the Worshipful Justices of Northampton County Court in Chancery
Humbly complaining shew unto your Worships your orator Jno Bloxom and Sarah his wife that on the Sixth Day of Nov Anno Dom. 1760 a certain Jonathan Pettitt the then husband of your oratrix Sarah departed this life intestate and possessed of a considerable personal Estate that your oratrix took out letters of Administration upon the Estate of said Decedant Jonathan and gave for her Security a certain William Pettitt Friend and Brother of said Decedant Jonathan Petitt, that the said Wm Petitt being better acquainted with the Business of Administrations that your oratrix and feeling himself interested as Security to your orators for the faithful performance of said Administration too upon himself the management of said estate collected the Book Debts sold off the personal Estate had the Estate audited and divided as appears by a true copy of said audit and Division here to annexed which your orators pray may be taken as part of this their Bill, by which Audit and Division your oratrix Sarah was entitled to Demand and have of the Estate of her deceasd Husband Jonathan Pettit then in the Hands of said William Pettitt the sum of £15.16.1 currt money of Virga, and a certain Henry Pettitt the Infant of said Decsd Jona Pettitt and your oratrix, became entitled to demand and have of said Estate the sum of £33.15.3 Currt money afrsd, that your oratrix Sarah since the Death of her said former Husband was of the fifth Day of Augt -- Anna Dom 1766 duly appointed Guardian to said Orphan Henry Pettit and his Estate that as Guardian afrsd your orator Jno expended in the necessary maintenance of said Henry during his the said Henry's life the full amount and more of his the said Henry Pettitts Estate afrsd as will appear by certain Guardian accompts hereto annexed; that in the year of our Lord 1770 the said orphan Henry Pettit departed this life by an attack of the Dropsy which he had been long affected by being at the Time of his Death only 12 years old and your orators further show that the said Wm Pettitt departed this life sometime in the year of our Lord 1771 leaving his wife Mary Pettit the Exrx of his last Will and Testament that the said Mary as exrs afrsd became possessed of all and singular the Goods and Chattels of the said Decsd Wm Pettit, which said Goods and Chattels to a considerable amount your orators believe were retained by the said Exrx to her own proper use, that sometime in the year of our Lord vs the said Mary intermarried with a certain Jno Wilkins whereby the said Jno Wilkins became possessd of the said Goods and Chattels of the said Decsd William Pettitt as Exr in Right of his wife Mary, that some time in the year of our Lord 178_ the said Mary Wilkins departed this Life leaving her said Husband Jno Wilkins the legal Right of Administration on her Estate, and the said Jno Wilkins by virtue of said Right as your orators believe hath possessed himself of the Goods and Chattels of his said Decsd wife as also of all and singular the Residue of the Goods and Chattels of the said Decsd Pettitt whereby the said Jno Wilkins became liable to pay and satisfy all just Demands against the Estate of said Decedant William or his the said John's Wife Mary

But now so it as may it please your worships that the said William Pettit in his lifetime the said Mary Pettitt since he Death of said Wm And the said John Wilkins since his Intermarriage with his said wife Mary or either of them have not paid unto your orators any part of the said £15.16.1 or the said £33.15.3 saving and excepting the sum of £12 part of the said £15.16.1 and the sum of 21 part of the said £33.15.3 which said respective Sums were paid to your orator John Bloxom by the Wm Pettitt on the __ Day of ____ Anno Dom 17__ or thereabout and the said Jno Wilkins doth to totally deny and refuse to any or any wise to your orators the ballance of said sums of money contrary to all Equity and Good Conscience

In Tender consideration whereof and for that your Orators are [-----] at common law and only relievable in this court where Frauds and Breaches of Trust are more effectually detected & remidied
To the End therefore that this said Jno Wilkins may on his corporal oath true distinct and perfect answer make to all and singular the premises as particularly as if here interesagated, more especially that he may set forth and declared whether he is or is nor possed of the Goods and Chattels or the value thereof the said Decsd Wm Pettitt, and that your Orators may have a Decree against the said Wilkins for the full amount of the balk of the said £15.16.1 and the said £33.15.3 as before stated together with Int thereon till paid, or be otherwise relieved in the premises agreeable to Equity and Good Conscience
May it please yt Worships &c and Your orators &c
Geo Parker Per Compl

To the Worshipful The Justices of Northampton County Court in Chancery, the answer of John Wilkins to the Bill of complaint exhibited against him by John Bloxom and Sarah his wife.
This Defendant now and at all times hereafter having and [-----] to himself all manner of benefit and advantage of [-----] to the manifold errors and in sufifficionses in the complainant said Bill contained, for answer thereto, onto so much thereof as this Defendant is advised is material for him to make answer unto, He answered and says, that he does admit that Sarah the wife of the Complainant did take Jonathan administration on the Estate of her former Husband Jonathan Pettit, and that a certain William Pittit became her security for the same and this defendant further answering says that He dies admit that after the death of the said William Pittit he intermarried with his Widow, but that the administration of his Estate did not come to the Hands of this Defendant or his wife, but was administered by a certain Thomas Pittit his Executor, who on the 8th of February 1774 returned a full audit and Settlement of the same to the Court of County of Northampton, as appears by a true copy of the same hereto annexed. And this Defendant further answering says, that he is induced to think that the Complainants have received whatever was due from the Estate of the Jonathan Pettit to them, as [-----] on account of the said Sarah Bloxom, as of the said Henry Pettit in the Bill mentioned. and this defendant charges that as the Estate the sd William Pettit was fully administered by Thos. Pettit, and did not come into the hands of this Defendant as set forth in the Bill, he humbly [-----] he cannot be changeable for the same. but this defendant had found among the papers of the said William Pettitt decd receipts & vouchers, which are marked with the letter A and which this defendant prays maybe admitted as exhibits in this cause, by which is will appear that the Compts have sundry Times received of the said William Pettit the sun of forty one pounds, three shillings and nine pence, which this Defendant supposes must have been paid in satisfaction of the present demand. And this Defendant denies &c without that there is any other matter or thing material or necessary for this Defendant to make Answer unto, and nor herein or hereby well and sufficiently answered unto. All which matters & things this Defendant is ready to [-----] and prove & humbly mays to be hence dismissed, with his reasonable costs in this behalf most wrongfully sustained.

Northampton Sct
John Wilkins came before me a Justice of the peace for the county aforesaid, and made oath that the Several matters contained in this his answer, as far as they relate to himself and [-----], and that as far as they relate to any other person he believes the to be true.
Given under my hand this 16th Augt 1792
Isaac Smith

Source:
_____. Northampton County VA Chancery Causes, 1721-1816. John Bloxom & wife vs William Pettitt 1780-005. Local Government Records Collection, Northampton County Records. The Library of Virginia, Richmond, Virginia. Accessed 17 Mar. 2009 </http://www.lva.virginia.gov/whatwehave/local/chancery/index.htm>.

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