Rayfield et al vs Isdale et al - 8 November 1802 - Decree for Sale - Transcribed by Gail M. Walczyk
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Rayfield etal
vs . . . Spnee in Chancery
Isdale etal

1802
November 8th Decree for
Sale of the Negroes &c

The Commonwealth of Virginia to the Sheriff of Northampton County Greeting: We command you that you summon Nathaniel Isdale, George Luke & Major Taylor & Sally his Wife to appear before our Justice of our Court of our said County in chancery at the Court House on the second Monday in November next to answer a Bill in Chancery exhibited against them by John Rayfield & Peggy his Wife, Jennie Luke & Daniel Luke by Littleton Upshur his Guardian: and this the shall in no wise omit under the Penalty of £100 - and have then there this Writ Witness Thos Lytt: Savage clerk of our said Court at the Court House the 12th day of October 1801 In the 27th year of the Commonwealth
Thos Lytt: Savage

To the Justices of Northampton County Court in Chancery

Humbly complaining shew unto your worships your orators Littleton Upshur Adm of Daniel Luke decd, John Rayfield and Peggy his wife, Jenny Luke and Daniel Luke by Littleton Upshur his guardian and ext Friend: That Daniel Luke, Father of your oratrix Jenny Luke, Peggy Rayfield and your orator Daniel Luke, Former Husband of Sally Taylor who is now married to Major Taylor, and also Father of Elizabeth Esdale and George Luke died on __ Day of December Anno domini 1799 Intestate possessed of the following Negro Slaves, as of his own proper Slaves, To wit, Peter, Cate, Tom, and Lucey; your orator Littleton Upshur administrator on said Intestate Estate, and hath duly adiministered all and singular the goods, Chattles, and credits, of the said Daniel Luke, except the afsaid Negro Slaves; as administrator afsd, he hat overpaid, to the creditors of said Daniel Luke including your orator Littleton Upshur's own just demands the amount of all the said goods, chattles, and credits of said Daniel Luke, except the afrsaid negro Slaves to wit the sum of £17.16.11 _____ and there is now due to your orator Littleton Upshur from said Estate the Sum of £17.16.11 _____ as per Statement Audit &c of said Estate hereto annexed, doth appear, to satisfy which Sum of money there remains no property of said Daniel Luke's except the afrsaid Slaves; The Ballance of said Slaves after payment of the afrsaid Sum of £17.16.11 to said Littleton Upshur the administrator, do of Right belong to your orators and oratrixes, John Rayfield and Peggy his wife in right of said Peggy, Daniel Luke and Jenny Luke and to the afsaid Elizabeth Esdale and George Luke, equally to be divided, subject forever to the Dower of said Sally Taylor now wife of Major Taylor and your orators John Rayfield and Peggy his wife, Jenny Luke, and Daniel Luke had hope, that a division fo said Slaves among the parties afrsaid might have been made, Dower thereof assigned to said Sally Taylor, and the said Littleton Upshur Satisfied his said Demand, without the interforce of a Court, to all which proceedings your orator and oratrixes are consenting

But now so it is, may it please your worships, that your orator Daniel Luke is as Infant of tender years, and the said George Luke also is an Infant under the age of twenty one, and incapable of joining in any sale, or division of said Slaves so as to be binding on them, and the said Slaves are incapable of an equal division among there intitled, without Sale, which can only be decreed by a court in chancery

In tender consideration whereof, and for that your orators and oratrixes are remediless in the premises without the aid of your worships in Chancery where matters of this kind are properly cognirable

To the end therefor that the said Elizabeth Esdale, George Luke, and major Taylor and Sally his wife may [-----] answer make to the premises as true and particularly as if here again repeated and they interogated, that a Sale of the afrsaid Slaves may be made, by commission to be appointed by you worships, that your orator Littleton Upshur may be paid and satisfied his demand aforesaid out of said Sales, that Dower therein may be assigned to said Taylor and Sally his wife, and an equal division of the Ballance may be made between your orators and oratrixes John Rayfield and Peggy his wife, Daniel Luke and Jenny Luke and ths said Elizabeth Esdale & Geo: Luke; and that your orators may be further and fully relieved in the premises according to Equity and Good Conscience may it please your worships to grant the C.. Wealth writ of Subpena &c
Geo Parker for Complts

The answer of Major Taylor and Sally his wife, Elizabeth Esdale, and George Luke by Joseph W. Nottingham his Guardian appointed by the Court to defend the suit brought by Littleton Upshur, John Rayfield & Peggy his wife, Daniel Luke by Littleton Upshur his Guardian, and Jenny Luke against these respondents

These respondents saving and reserving to themselves all Benefit of exception to said Bill for answer thereto, or to so much thereof as the Respondents are advised is material for them to answer unto, answering say, that the Facts in the Bill contained are true as far as the respondents know or believe and the Respondents know nothing, to enable them to gainsay the prayer of the Complaints; The respondent Geo. Luke is an Infant under the age of twenty one years and incapable as he is is advised, of Doing anything in the division of the Slaves in the Bill mentioned without the aid of a Court, he doth therefor submit his rights in said Slaves to this Court relying on their decree in the premises being comformable to Equity and good Conscience.

The Respondent, Major Taylor and Sally his wife do consent to having their Dower in said Slaves assigned, in such manner as to the Court may seem [----] and proper, either by alloting to them one third of the Slaves themselves, to be held during the life of said Sally Taylor, or by decreeing such proportion of the Sales of the Slaves to them for ever, as may be deemed equal to their right in said Slaves without That That do all which matters &c and the respondents pray to be hence dismissed &c
Major Taylor
Joseph Nottingham
Betsy Isdel

Test
J. Wise

Sources:

_____. Northampton County VA Chancery Causes, 1721-1816. John Rayfield & Wife etc vs Elizabeth Isdel etc, 1802-020. Local Government Records Collection, Northampton County Records. The Library of Virginia, Richmond, Virginia. Accessed 18 Mar. 2009, <http://www.lva.virginia.gov/whatwehave/local/chancery/index.htm>.

© Copyright 2009-2011 by Gail M. Walczyk