Thomas Moore Jr & wife vs Children of Jeremiah Moore [West] by Etc 1793-002 - Transcribed by Gail M. Walczyk
Spelling remains the same
Moore & wife vs . . . . . Bill & answer West ---
To
the worshipful Justices of Accomack county court in chancery --- Humbly complaining
shew unto your worships your orator and oratrix Thomas Moore Jr: and Polly his wife
that Jeremiah West Father of your Oratrix Polly and Father of William, Fanny, Sarah
and Ann West being possessed of the following Negro Slaves to wit Spencer, Will,
Plymouth, Bob Esther, Peg, Sarah, Leah, & Levin, made his last will and Testament
in writing wherein and whereby among other Bequest and Devises he devised in the
words following "Item I give unto my Daughter Polly on Gold Breast buckle and all
the Rest of my Estate ungiven away it is my will and Desire that it should be divided
equally between my six children Viz: Polly, William, fanny, Sarah, Ann, and John"
and after haveing made and executed his last will and Testament as afrsaid the said
Jeremiah West on 10th Day of August anno Dom. 1793 departed this life without having
in any manner revoked or altered his said will which will is now of Record in the
clerk office of this Court That by the said will no Specific devise whatsoever of
any of the said Negro Slaves was made to any person whatsoever by the said Jeremiah
West and John West one of the children of said Jeremiah in the said will mentioned
is dead before death of said Jeremiah so that the said Slaves by virtue of the will
of said Jeremiah do of Right belong to your orator and oratrix in Right of your oratrix
to William, Ann, Fanny and Sarah West afrsaid equally to be divided between them
But now so it is may it please your worships that the said Wm. Ann, Fanny and Sarah
West are infants Under years and incapable as your orator and oratrix are advised
of making division of said Slaves so as to binding and obligatory on them without
the aid of a Court in chancery. In tender consideration whereof and for that your
orator and oratrix are remediless in the premises without the aid of your worships
in Chancery where matters of this kind are properly cognizable To the End therefore
that the said William West Fanny, Sarah, and Ann West may true distinct and perfect
answer make to all and singular the premises as truly and particularly as if here
again repeated and they Interrogated that a fair and equitable Division of said Slaves
may be made between your Orator and Oratrix in Right of your oratrix and said William,
Fanny, Sarah and Ann West in such manner and by such means as to your worships may
seem meet agreeable to the Will of said Jeremiah and agreeable to Equity & good Conscience
May it please your worships to grant unto your orator and oratrix the commonwealth's
writ of Subpoena &c. G. Parker P Que
The answer of William, Fanny, Sarah
and Ann West by John Reed their Guardian by the court appointed to Defend this Suit
these Defendants saving to themselves all Benefit of Exception to the afrsaid bill
for answer thereto say that the Facts stated in the said Bill are true and these
Defendants have nothing to alledge or say against a Division of said Slaves being
made agreeable to prayer of the bill. --- these Respondents however are Infants of
tender years and incapable by themselves to make Division of them they do therefore
submit themselves to this court relying on complete Justice being done unto them
in the said Division Without That That &c and these Defendants pray to be hence dismissed
&c
Sources:
_____. Accomack County VA Chancery Causes, 1727-1805. Thomas Moore Jr & wife vs Children of Jeremiah Moore [West] by Etc 1793-002. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 27 January 2012.