John Topping Etc vs Samuel Topping 1798-010 - Transcribed by Gail M. Walczyk

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To the worshipful the Justices of Accomack County in chancery humbly complaining sheweth unto your worships your Orators and Oratrixes Rebecca Stakes, Frances Copes, Shadrack Dawson and Abigail his wife, & John Topping and Anne his wife. --- that a certain Johannes Wise Senr. late of the county afsd., now decd, by his lifetime and at the will duly made and attested, and now of record in this court, bequeathed to your Orators and Oratrixes and to the children of his daughter Bridge, after sundry devisees and bequests, all the residuum of his estate in the following words, to wit, "I will and bequeath all the remaining part of my estate not before disposed of be it of what king soever, to be divided into five equal shares, one of which, I give to m daughter Rebecca, one to my daughter Frances, one to my daughter Abigail, one to my daughter Anne, and the remaining one to the Children of my daughter Bridget. --- That besides the sd. Specific devises and legacies, disposed of the the sd. will, the sd. Johannes at the time of his death was possessed of three slaves, to wit, Dinah, Billy & Kate which were not specially bequeated no other wise disposed of than bequeathed to your Orators & Oratrixes and to the Children of his daughter Bridget under the aforesaid residuary clause. --- that at the tome of making the will of the afsd Johannes Wise, there were then living two Children of the sd. Bridget, to wit Samuel Topping and John topping one of whom, to wit the sd. John is since dead, to wit the day of and before the death of the sd. Johannes Wise the Testator That your orators and Oratrixes are desirous to have a division of the sd. Slaves made among the parties entitled, according to theif respective shares under the will aforesaid. But so it is may it please your worships that the sd. Saml Topping, the only surviving child of the sd. Bridget is an infant of tender years and cannot without the aid of your worships consent to any division thereof. --- To the end therefore that a division may be made of the sd. Slaves among your Orators and Oratrixes and the sd. Saml. Topping according to their respective right in such manner ans your worships may direct May it please your worships the premises considered to grant to Your Orators and Oratrixes the ComWealths writ of Spa to the sd.
Saml Topping to be directed &c:
Wise for Complts.

The answer of Saml Topping Deft. to the bill of complaint of Rebecca Stakes, Frances Copes, Shadrack Dawson & Abigail his wife & John Topping and Anne his wife, by Levy Topping --- hes guardians by the court specially appointed for that purpose.___ This deft. answering saith that he cannot gainsay the truth of the allegations in the Complts. bill of complaint contained, but Admits to the facts therein to be truly stated. --- He therefore submits to such decree of this worshipfull court in the premises as is consistant with equity.
Levey Topping
Wm Gibb

At Court held in Accomack County, March 27th 1798

John Topping & Others Plts
agt . . . . . In Chancery
Samuel Topping
Ordered that Tully Wise, Charles Snead & Samuel Waples or any tow of the divide the Slaves in the Bill & answer mentioned by Sale of otherhwise and make return thereof to the next Court agreeable to the pray of the Bill
Copy Teste
Litt: Savage Clk

with security for the same which we herewith Subject to order of Court
Tully Wise
Chs, Snead
Saml Waples

By Virtue of the annexed Order of Accomack County Court we the Subscribers have made Sale of the Slaves in the Bill & answer mentioned for the Sum of Seventy nine pounds two shillings on a Credit of Six months (by request of the parties present) & have mad an equal division thereof between the parties Vizt. John Topping is right of his wife Anne, Shadrack Dawson in right of his wife Abigail, Frances Copes, Rebecca Stakes, & Samuel Topping son of Levi, for each of which the parties have given us the receipts in full
Tully Wise
Charles Snead
Saml Waples


_____. Accomack County VA Chancery Causes, 1727-1805. John Topping Etc vs Samuel Topping 1798-010. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 5 February 2012.

© Copyright 2012 by Gail M. Walczyk