Elizabeth was the daughter of John and Mary Dewberry; David was the son of John Tuck and Mary Powell. I am the 4 times greatgranddaughter of Henry Garrett and Parthena Tuck.
From Halifax County Virginia Chancery Case 1836-041:
To the worshipful Court of Halifax County in Chancery sitting humbly complaining shew unto your worships your orators andoratrix William Tuck, David Tuck, Edward Tuck and Henry Garret & Parthena his wife; that David Tuck the Elder formerly of the County of Halifax departed this life in the year ____intestate, who was in his life time and at the time of his death seised oftwo several tracts of land situate and being in the county of Halifax aforesaid on the branches of the Hyco River and containing together about two hundred thirty six acres; that your orators and oratrix William, David, Edward and Parthena, and Wilmoth who married a certain Reuben Vaughn, Mary J. Tuck, Richard Tuck, Albert Tuck, Elizabeth J. Tuck and John D. Tuck are the children and heirs of the said David Tuck decd of whom the said Mary I., Richard, Albert, Elizabeth J., and John D. are under the age of twenty one years; the said decedent also left a widow Elizabeth surviving him who is entitled to dower in the said lands. Your orators and oratrix further represent to your worships that the said land if divided among the heirs of the said decedent would not be of the value of three hundred dollars to each of them. To the end therefore that the said Elizabeth Tuck the widow, the said Reuben Vaughn and Wilmoth his wife, and the said Mary J. Tuck, Richard Tuck, Albert Tuck, Elizabeth J. Tuck and John D. Tuck may be made defendants to this bill and required to answer the several allegations thereof, that they may say whether there be any good cause why the said lands should not be sold and the money arising from the sale thereof be divided among the heirs of said decedent; reserving however to the widow her right to dower in the same or a reasonable compensation therefore in money out of the proceeds of the sale. And that your orators and oratrix may have such other and farther relief as the case may require and to Equity may seem meet; May it please your worships to grant the Commonwealth’s writ of Subpoena &ce?
R. Logan (?)
The answer of Elizabeth Tuck widow of David Tuck decd to the bill of complaint exhibited against her & others in the County Court of Halifax by William Tuck & others --- This respondent saving and reserving to herself all benefit of exceptions &ce for answer to the said bill or to so much herself as she is advised it is material for her to answer, says: that she admits the material allegations of the said bill to be true; she consents to the sale of the land in the bill mentioned for the purpose of a division agreeably to theprayer of the said bill, and is willing that this Court should make her such compensation out of the proceeds of the sale of said land for her right of dower in the same, as to it may seem just & reasonable; and having fully answered she prays to be hence dismissed with her costs &ce.
The answer of Mary J. Tuck, Richard Tuck, Albert Tuck, Elizabeth J. Tuck, John D. Tuck, who being infants answer by their guardian William Holt assigned to them by the court to defend them in this suit, to the bill of complaint exhibited against them & others in the County Court of Halifax by William Tuck and others. ____ These respondents saving and reserving to themselves all benefit of exceptions &ce for answer to the said bill or to so much thereof as they are advised it is material for them to answer, say: that they are willing that this Court should make such decree in this case as to it may seem just & equitable; and having fully answered they pray to be hence dismissed with their costs &ce.
The answer of Reuben Vaughn and Wilmoth his wife to the bill of complaint exhibited against them & others in the Court of Halifax by William Tuck & others.____ these respondents saving & reserving to themselves all benefits of exceptions &ce for answer to the said bill or to so much thereof as they are advised for them to answer, say: that they admit the material allegations of said bill to be true, and they are willing that this Court should make such decree in this case as to it may seem just & equitable; and having fully answered they pray to be hence dismissed with their costs &ce.
Halifax County June Term 1835
William Tuck, David Tuck, Edward Tuck and Henry Garrett & Parthena Tuck his wife plaintiffs
Elizabeth Tuck widow of David Tuck decd, Reuben Vaughnand Wilmoth his wife, Mary J. Tuck, Richard Tuck, Albert Tuck, Elizabeth J. Tuck and John D. Tuckdefendants.
William Holt is appointed Guardian ad litem of the infant defendants Mary J. Tuck, Rchd Tuck, Albert Tuck, Elizabeth, J. Tuck and John D. Tuck.
This cause came on this day to be heard, on the bill and answers of the defendants and examination of witnesses and was argued by counsel on consideration whereof the Court doth adjudge order and decree that Phaltiel Tuck, Irby Duberry, andWilliam Thaxton or any two of them who are hereby appointed commissioners for that purpose after having given reasonable notice of the same and place of sale by advertisement in the most public places in the neighborhood do sell to the highest bidder on a credit of twelve months, the lands of which David Tuck the Elder died seised lying in the County of Halifax, taking from the purchaser or purchasers bond with good security; and that they make report to this Court.~
A Copy Teste
John A. M. CravyDC
Phaltiel Tuck Appointed Collector
To the heirs of David Tuck Dcd
At August term 1836 for the County of Halifax Va.
For this amount collected from Alfred Tuck$634-92 cts
Interest on the same4-75
Deduct commission on $639-67 cts 31-00
Heirs of David Tuck Decd
Dec 1836 - To Phaltiel Tuck collector
For Lawyers fees & writ tax$10-50 cts
?Commissioner – Receipt75
?Interest on the same60
$15-84$15 – 84 cts
Widows share of $592-14 cts is one seventh is 84-69
Each Devision Due heirs is one Tenth of $508-14 cts is $50-81
The Widows Share And devisions have been paid to the heirs as will appear By the accompanying receipts
According to the decree of the court
Feb the 23 1837
In obedience to a decree of the court of Halifax county Va. June term for the year 1835 We the under Assigners having given legal notice thearof procededon the 25 – day of September 1835 to sell to the highest bider on acredit of twelve months the Lands belonin to the Estate of David Tuck Dcdconsisting of two separate tracts containing 116 ½acres each whear upon Alfred Tuck became the purchaser of the said 2 tracts of land the 1st – at $2-70 cents per Acre the 2nd for $2-75 cts per Acre making in all Six hundred & thirty four Dollars & 92 & A half cents for which the said Alfred Tuck give ingBond with satisfactory Security of which we make return to court given under our hands this 17 – day of November 1835 ------
1836 Sep 6 Re C of the Clerk of Halifax the bond mentioned in the above. Report signed by Alfred Tuck andRichdTuck~
Know by these presentes that we Phaltiel Tuck and Richd Tuck are held and firmly bound unto Wm Tuck, David Tuck, Edwd Tuck, Henry Garrett & Parthena his wife, Eliza Tuck, Reubin Vaughn & wife, Mary J. Tuck & others ---- in the just and full sum of $1269 85 .
To which payment well and truly to be made we bind ourselves our heirs execution and admit firmly by these presents sealed with our seals and dated this 3d day of September 1836.
The condition of the above obligation is such that the above bound Phaltiel Tuck was appointed by the County Court of Halifax on the___day of Aug 1836 a commissioner for the purpose of collecting the proceeds under an order of the said Court in a suit in chancery between the said Wm Tuck and others plaintiffs and Elizabeth Tuck & others defendants. Now the said Phaltiel Tuck shall collect the amount of said sales and make due and proper application thereof according to said order then the above obligation to be void otherwise to remain in full force and Virtue
Signed, sealed and delivered in the presence of Wm Holt