William Spiers Etc vs John Spiers Infant Etc. 1790-017 - Transcribes by Gail M. Walczyk

Spelling remains the same

To the worshipful the Justices of the Court of Accomack County in Chancery the Bill of Complainant of William Spires, Sally Spiers & Comfort Spiers humbly sheweth That a certain William Spiers the Father of your Orators to wit on the 22 day of August in the year 1790 departed this life Intestate being at the time to wit, James George and Jacob: that the said Intestate at the time of his death aforesaid left Seven Children to wit your orator William and Oratrixes Sally and Comfort Spiers and John, Polly Nancy and Henry Spiers who are still alive and intitled to the said Slaves in the following manner to wit, to each of them one Seventh part and that it would be greatly to the advantage of your Orator & Oratrix and the said Defendants to have their respective Shares of the said Slaves set apart either by Sale or otherwise. ---But now so it is may it please your Worships that the Defts John, Polly, Nancy and Henry Spiers are Infants under the age of twenty one years of age and incapable to consent to a division of the said Slaves so as to be binding without the Aid of your Worships in Chancery nor can the same be effected by any other means save only the decree of this Worshipful Court To the end therefore that a division of the said Slaves may be made either by Sale or otherwise by some person or persons to be appointed by your Worships according to their several rights afore mentioned or in any other manner as may seem right to your Worships and agreeable to equity. May it Please your worships to grant unto your Orator & oratrixes the Commonwealths writ of Subpona to the said John, Polly, Nancy & Henry Spiers to be directed & commanding them &c and Your Orator & Oratrixes as in duty bound &c
Edmund Bayly Atty for Complt.

The answer of John, Polly Nancy & Henry Spiers Infant by James Spiers their Guardian Specially appointed by the Court to defend this suit this Respondent saving and reserving all manner of exception to the insufficencies &. of the Complainants Bill for answer thereto saith that the fact as stated by the Complainants in their said Bill are true and that he cannot gainsay the prayer of the said Bill and there upon submits to such Decree in the premisses as to your Worships shall be consistant with law & Equity & prays to be hence dismissed &cJas Spiers


_____. Accomack County VA Chancery Causes, 1727-1805. William Spiers Etc vs John Spiers Infant Etc 1790-017. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 12 January 2012

© Copyright 2012 by Gail M. Walczyk