John Addison et ux et als vs Polly White etc. 1813 - Transcribed by Gail M. Walczyk
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Addison & ux & al:
vs. . . Chy Bill & ansr
Polly White
M. P.

To the Justices of Northampton in chy. complaining unto your Worships your Orators, and Oratrixes Jno. Addison & Margaret his Wife, Wm. M. Upshur & Elizabeth his Wife, Wm. White, Isaac Dunton & Hannah his Wife, & Sally Jacob, that a certain Joseph White late of this County & father of the Female complts. & your Orator Wm. Complts was in his life time & at the time of his death seized & possessed in his own right of a large Estate & amongst other property of the following Negro slaves to wit - Will, Esau, Peter, George, Frank, Natt, Ben, Jim, John, Bridget, Jane, Lucy, Zilla, Amy, Aranna, Adah, & Leah, and being so thereof possessed upon the __ day of ____ duly made & published his last Will & testamt. in writing & shortly after departed this life haveing in no wise altered or revoked his sd. Will, which was upon the __ day of Feby 1813 duly proven in this Court & admited to record - that by a Clause in sd. Will the sd. Testator devised the afsd Negro slaves to be equally divided between your Orator Wm & his afsd. daughters & Polly White another daughter, as by reference to sd. Will which is hereto annexed & prayed to be taken as a part of this Bill will more fully & at large appear - that in consequence of the afsd. Will your Orators in right of their Wives your orator Wm. the sd. Sally Jacob & Polly White in their own rights took in to their possession the afsd. Negro Slaves & son continue to hold the same the complts. are desirous that division thereof shall be made between them according to their several, & respective rights, & had hoped that the same might have been done without further trouble or delay - But Now it is may it please your Worships the sd. Polly White is an Infant & incapable as your orators & Oratrixes are advised of making division or of consenting thereto, so as to be binding on her - In consideration whereof & for that the Complts. are remediless in the premisses, but by the Aid of a court of chancery where matters of this kind are only relievable - To the end therefore that the sd. Polly White who is herein, & hereby prayed to be made deft to this Bill, may true, distinct, and Perfect Answer Make to the premisses, as truly, & particularly, as if here again repeated, & she interrogated, that division of sd. Slaves, may be decreed between sd. parties so that your Orators in right of their sd. Wives may each have one Sixth thereof assigned to them, & the sd. Sally Jacob & Polly White , each one other sixth, pursuant to the afsd. will, & their rights of the sd. Parties - & that there may be such other or further relief in the premisses, as may be consistent with equity & the right of the Case & the complts. will pray &c
Pitts for Quer:

The Answer of Polly White by Wm. Henderson gdn by the court apptd. to the bill of complt. of Jno. Addison & Ux: & al: agt. her exhibited, this Respdt. by her sd. gdn answering saith, that she believes the statemt. in sd. Bill is true & that each of Parties is intitled in manner as therein set forth, the Respdt. is also willing that division of sd. Slaves shoud be made according to the rights of all those intitled, & pursuant to the Will of her decd. Father but being an Infant she is incapable of consenting thereto, she therefore submits her case to the decision of this Court & prays to be hence dismissed &c.
William Henderson

Sources:

Walczyk, Gail M. Northampton County VA Chancery Causes, 1721-1816, Vol 6. Coram NY: Peters Row, 2010, p. 197.

© Copyright 2010-2011 by Gail M. Walczyk