John Mapp et als etc. vs Robins Mapp 1789 - Transcribed by Gail M. Walczyk
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vs . . . Bill
1789 Feb 10th Decree for Part:

To the Worshipful the Justices of the County of Northampton in Chancery Humbly complaining, show unto your Worships, your Orator John Mapp, and Elizabeth Mapp, Esther, Peggy & Cassandra Infants under the age of twenty one years, by Elizabeth Mapp their next Friends; That your Orator and Oratrixes late Father John Mapp decd of the County aforesaid, was in his life time, and at the time of his death, possessed of the following Slaves to wit Sharpe, Abnar, Severn, Peg, Lear, Southy, Collar, Grace, Stephen, Sam, Ricky & Rachel; And your Orator & oratrixes further show, that you orator & oratrixes late Father being so possessed of the aforesaid Slaves, on or about the __ day of _____ died intestate leaving Robins Mapp his oldest son and Heir at Law, and your Orator and Oratrixes his other Children: And your Orator & Oratrixes further show unto your Worships, that on the death of your Orator & Oratrixes said late Father, the said Slaves whereof he died possessed as aforsd descended to his said Son & Heir Robins Mapp, subject only to the right of Dower of your Orator and Oratrixes Mother the said Eliza Mapp their next Friend, in and ti her during her Life; and by virtue of the act of Gen: Assembly of Virginia the said Robins Mapp as Heir at Law to you Orator & Oratrixes said Father ought to account with and allow your Orator & Oratrixes their proportional Value of the aforesaid Slave agreeable to their appraisement, setting apart one third part which your Orator & Oratrixes said Mother is entitled to in right of Dower: But now so it is, may it please your Worships, that the said Robins Mapp your Orator & Oratrixes eldest Brother & Heir at Law to their Father late decd: in order to defeat your Orator & Oratrixes in the premises and having possessed himself of the said Slaves refuses to account with your Orator & Oratrixes for the appraised Value of the aforsd Slaves, without the direction and Decree of this Worshipful Court for so doing; and your Orator & Oratrixes said Brother refuses to come to an account with your Orator & Oratrixes touching the premisses, or pay to your Orator & Oratrixes the proportion due the your Orator & Oratrixes for their benefit & advantage, as he ought in Justice & Equity to do. all which doing of the said Robins Mapp in contrary to Equity & good Conscience. In tender consideration whereof and to the end therefore that the said Robins Mapp may true and perfect answer make to all and singular the premisses, and particularly may set forth if your Orator & Oratrixes said Father did not die intestate possessed of the Slaves aforesaid, and that he may come to a fair and just Account with your Orator and Oratrixes touching the same, and your Orator & Oratrixes be relieved in all & singular the premisses according to Equity & good Conscience May &c &c
Savage p Comlt

vs . . . Answer

The answer of Robins Mapp Defendant to the Bill of Complaint of John Mapp, Eliza : Mapp Esther, Peggy and Cassandra Mapp Infant by their next friend Eliza Mapp Complainants in Chancery. This deft saving & reserving to himself all & all manner of benefit of Exception to the many Imperfections & incertainties un the said Complainants Bill of Complaint contained, for answer thereunto or unto so much thereof as this Deft is advised is material for him to answer, answereth & saith, That he hath been informed & believes it to be true that his said Father in the Bill mentioned was at the time of his Death possessed of the Slaves in the Complainants Bill mentioned, and that the said Slaves hath descended to him in the Manner mentioned in the said Bill. Your Orator further confesses that he hath been informed and believes to be true that the said Complainants are intitled to their proportional Value of the said Slaves, and that he is willing to submit to each equitable Decree as your Worships shall think proper, without that, that there is any other Matter or thing Material or necessary for this Deft to make answer unto All which Matters & things herein contained, this Deft is ready to answer, maintain & prove as This Worshipful Court shall award & therefore prays to be hence dismissed with his Costs in this behalf most wrongfully sustained ---
Savage p Deft


Walczyk, Gail M. Northampton County VA Chancery Causes, 1721-1816, Vol 3. Coram NY: Peters Row, 2009, pp. 115, 116.

© Copyright 2010-2011 by Gail M. Walczyk