Bedford Co. (Va.) Chancery Causes, 1755-1912 (bulk 1783-1912). William Harris vs John Hughes et al, 1828-025. Local Government Records Collection, Bedford County Court Records. The Library of Virginia, Richmond, Virginia. [March 1822]
To the worshipfull court of Bedford County in Chancery sitting the bill of complaint of William Harris who intermarried with Polly Hughes, late daughter of Stephen Hughes, now dec'd, respectfully represents that sd
Stephen Hughes lately departed this life intestate, seized and possessed of a small tract of land lying and being in Bedford County on the waters of Beaver Dam Creek of 280 acres, of which Mary Hughes, widow & relict of Stephen [Hughes], dec'd, is entitled to one third of her dower &
commissioners are already appointed by this worshipful court [to?] allot her the same and sd. Stephen also left 6 slaves of which the sd. widow is also entitled to her dower and having eight children each of whom are [sic] entitled to equal distributed shares of sd. land & slaves and your
orator represents that sd. land will not bear a division without great injury to every distributee & that each child's part would not be worth more, if so much as, $100 and there being eight distributees and only six slaves, they also cannot be divided in kind. Your orator therefore prays that sd. land & slaves, after the allotment of the widow's dower
of each may, according to law, be sold by commissioners appointed by your worships for that purpose, on such terms as your worships may think most beneficial to the interests of all the distributees and that said commissioners do collect and divide the proceeds of sd. sale of land & slaves amongst sd. distributees or their representatives equally and apportion the costs respectively between your orator and the other
distributees, etc., and that John Hughes, John Thomas & Sally his wife, late Sally Hughes, Harman Kamper & Martha his wife, late Martha Hughes, Jesse Burton & Eda his wife, late Eda Hughes, Jacob Burton & Nancy his wife, late Nancy Hughes, Emariah Hughes, & Archibald Hughes, all of whom are of full age may be made Defendants to this bill & full, true & perfect answers make to the matters & things herein before stated & [set forth?] & whether they have any objection to a sale of land & slaves according to law by Comm'rs appointed by your worships for that purpose & the proceeds of sd. sale equally divided between them all Pltff & Defts of the costs equally divided between them & such other [?] decree etc. as may seem right & equitable in their [opinions?] & as in equity, etc.
To the worshipful court of Bedford County in Chancery sitting the joint answer of John Thomas & Sally his wife, late Sally Hughes, Harman Kamper & Martha his wife, late Martha Hughes, Jesse Burton & Eda his wife, late Eda Hughes, Jacob Burton & Nancy his wife, late Nancy Hughes, Emariah Hughes & Archibald Hughes, heirs & distributees of Stephen Hughes dec'd, late of Bedford County. These Defts now & at all times saving &
reserving to themselves all benefits of [exception?] etc. & other etc. * To a bill of complaint exhibited against them in this worshipful court by William Harris in his own right & as heir of his dec'd wife Polly, late Polly Hughes. Bill for answer thereto to so much thereof as they are advised is material for them to and can answereth & sayeth they
admit the truth of all the facts as stated in the Pltff's bill & are
willing that the worshipful court should appoint suitable commr's to sell sd. land & slaves (after the allotment of the widow's dower in each) for such terms as your worships may think most equitable etc. & to an apportionment of all the costs between the Pltff & these Defts., etc.
Harris vs. Hughes. In Chancery this day this cause came on to be heard by counselors of the Pltff & Defts on the Bill of the Pltff and the answers of the Defts and exhibits etc. and was argued by counsel, as consideration whereof the Court doth adjudge, order & decree that Jubal Jordan, [?] Millin, Tommy Wright, Henry Hurt, & William Shrewsbury be,
and they are hereby, appointed commissioners to sell said land & slaves after the widows dower of each is alloted to her and that the aforesaid commissioners or any three of them do sell the land & slaves after sd. allotment of dower to the highest bidder, [or lease it?] of twelve months, [taking?] bonds with good security of the purchasers & convey sd. property to the respective purchasers & that they or such three of them as may act, do collect, & divide the proceeds of sd. sale between sd. Pltff & sd. Defts. in such portions as they may respectively be entitled to, taking into consideration such sums of money or other property as they or each or either of sd. distributees may have received
from the sd. account by way of advancement. All which is ordered & decreed accordingly. W. Cook for Pltff & Defts.
Transcript by Anne Burton Washburn
Burton & allied families