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 Test 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
Sources:
_____. 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.