Jonas & Tabitha Batson vs Kelly Johnson &c 10 August 1722 - Transcribed by Gail M. Walczyk
Spelling remains the same.
Batson &c
vs . . . Sum in Cout
Johnson Exr pr
wet 10th Augts 1722
pr GP CC
Executed by mee Abraham Bowke
sub Sehriff

To The Worshipfull his Majestys Justice for Northampt County in a court Sitting in Chancery

Humblely complaining unto your Worships your orator and oratrix Jonas Batson and Tabitha his Wife one of the Daughters of Edmund Johnson her late father decd, That you Oratrix Said father had by his Wife Anne Johnson Severall Children vst: Kelly Johnson Edmund Johnson Elizabeth Johnson ffebee Johnson Jonathan Johnson Jeptha Johnson Sarah Johnson Anne Johnson and your oratrix and the your Oratrixes said Father one or abour the month of November 1720 Made his last will and Testament in Writing and some time after Making his Said Will died And your Orator and oratrix further sheweth unto your Worships That Soon after the [-----] of your Oratrix Said father She applied unto his Exer Kelly Johnson for her Share and proportion of her Said late fathers Estate which he had possessed himself of But was informed by the said Exer That her Said father had Omitted to make any Mention of her in his last Will but had left his Whole Estate Amongst his Wife and other Children before Named which your Oratrix Expressly Charges, was all their Sollicitation being then all Actuall present and taking Advantage of the Weakness and infirmity of her late father to Whome [-----] all her Relations She always paid a most dutifull respect and regard, And Will deserved an equall Share and proportion with the rest of his Said Children but being at a Distance from her Said father and her Mother and Brothers and Sisters about him In his last agony who all prest their Seperate Interests; he Wholy forgot and Neglected you Oratrix And your Orator and oratrix further Sheweth unto your Worships That is and by your Oratirx's fathers Said Will he gave and Bequeathed unto his sd Wife A very considerable part of his Estate which was to have been divided and proportioned to her But your Oratrix [two lines damaged] proportion lad [damaged assured her she might enjoy all or any part of her Said fathers Estate dureing her life [----] keeping thereby to [-----] your oratrix of her Just Share of her Estate in case their Said Mother Should dye before any division was made and your orator and Oratrix further Sheweth unto your Worships that sometime after your Said oratrixs Mother departed this Life having never made any Will and the Said Kelly Johnson and the rest of your oratrix five Brothers and Sisters, before mentioned Some of them possessed themselves of their Said Mothers Estate pretending the Same belonged to them by virtue of their Said fathers Will there having been no division made in the Lifetime of their Said Mother, And Treaten and Intend Whol'y to deprive ye Oratrix of her Just Share of her Said mothers Estate and for as much as your orator and oratrix are remediless at the Comon law in the premisses and only relievable in this Worshipfull Court in Chancery where matters of fraud and [-----] are most easily detected In Tender Consideration therefore May it please your Worships to grant unto you orator and oratrix his majties most gracious Writ or Writs of Spena or Sumons thereby Commanding the Said Kelly Johnson Edmund Johnson Elizabeth Johnson ffebee Johnson Jonathan Johnson Jeptha Johnson Sarah Johnson Anne Johnson to be and appear before your Worships in Chancery And that they May be Compelled [-----] Set forth and Discover What personal or other Estate their father died possessed off and the particulars thereof and how the Same was disposed off Whether they or any or either and which of them ever paid your Oratrix any part thereof and how much and What and Whether they did not [-----] Avid to take Any Notice of your oratrix to their Sd father at the time of making his Said Will or Whether you oratirx name was not Wholy Omitted in the Same and further that was on [-----] deny'd any Share or parto of her said Fathers Estate and May also Set forth and discover What Estate your Oratrix's Mother died possessed of and to the particulary thereof and to Whose hands Custody or possession the Same in Come to Since he desease or What is [-----] of the Same and whether they or any and Which of them paid unto your Oratrix any part of the Same and true Answer Make to all the allegations in the Bill Set forth And that this Worshipfull Court will order and Decree your Orator and oratrix he just Share and proportion of your Oratrix Said fathers and mothers Estate and that they may further and fully relieved in the premisses as you in your Wisdom Shall Seem Meet and your Orator and Oratrix as in duty bound Shall pray &c
E [-----]

Northton County Ss These are in his Majestys Name to will & require you to Sumon Kelly Johnson Suriving Exr of the last Will & Testament of Edmund Johnson deced to make his personall appearance before his Maties Justices of the peace for this County in Chancery at the next Court to be held for the said Courny then & there to answer the Complaint of Jonas Batson & Tabitha his Wife against he to be Exhibited and this the said Kelly Johnson is in no wise to Omitt on the pain of one hundred pounds [-----] Dated at the Clerks Office the 18th day of July 1722
G Pole Cl Cur

To Mr Ralph Pigot
Sheriff of Northampton
County to Execute & return

Attachment in Chancery
to be Executed on
Edmund Johnson
Elizabeth Johnson
Febee Johnson
Jonathan Johnson
Jeptha Johnson
Sarah Johnson &
Anne Johnson

Northton County Ss
These are in his maties name to will & require you to Sumon Edmund Johnson, Elizabeth Johnson ffebee Johnson, Jonathan Johnson, Jeptha, Sarah Johnson & Anne Johnson to make their personall appearance befor his Maties Justices of the peace for this Court in Chancery At the next Court to be held for the Said County then & there to answer the Complaint of Jonas Batson and Tabith his Wife against them to be Exhibited and this the said Edmund Johnson, Elizabeth Johnson ffebee Johnson, Jonathan Johnson, Jeptha, Sarah Johnson & Anne Johnson ar in no wise to Omit on the pain of One hundred pounds Sterling severally Dated at the Clerks Office the 18th of July 1722

G Poke Cl Cur
To Capt Ralph Pigot Sheriff
of Northampton County to Execute &
return

Northampt County These of in his Majestys Name to will & require you to Attach the Bodys of Edmond Johnson, Elizabeth Johnson, ffebee Johnson, Jonathan Johnson, Jeptha Johnson, Sarah Johnson & Anne Johnson, So the you have their Bodys before his majesty's Justices for the said County at the next Court to be held for the said County as well to answer unto our Soveraign Lord the king of a certain Comtempt by the said Edmond, Elizabeth, ffebee, Jonathan, Jeptha, Sarah & Anne against our said Lord the King Committed as it is said as upon these things which to them ten & there will be and further to be required what the said Court shall in this behalf consider And this you are in no wise to omit and have you then there this Writ Dated at the Clerks Office this first day of September 1722
Teste
G. Poke Cl Cur Northton
To the Sheriff of Northampton
County to Execute & return

Executed of this within Attachment all But Elizabeth Johnson by me Ralph Pigot Sheriff

Executed by me Elizabeth Johnson Abraham Bowke

Batson ux
vs . . . Sum in Cans
Johnson's
wet 10 Augt 1722
pr GP CC

Sources:

_____. Northampton County VA Chancery Causes, 1721-1816. Jonas & Tabitha Batson vs Kelly Johnson &c, 1722-001. Local Government Records Collection, Northampton County Records. The Library of Virginia, Richmond, Virginia. Accessed 26 Mar. 2009. <http://www.lva.virginia.gov/whatwehave/local/chancery/index.htm>

© Copyright 2009-2011 by Gail M. Walczyk