WILL OF FREDERICK FRALEY

WILL OF FREDERICK FRALEY

Russell County, Virginia

Court Order Book 2, Pages 56 & 70

Executed Feb, Apr 1793

In the name of God Amen.

I Frederick Fraley of the County of Washington Virginia,farmer, being in perfect health and memory, thanks be given unto God, callinginto mind the mortality of my body and knowing that it is appointed for all menonce to die do make and ordain this my last will and testament that is to sayprinsapelly (sic) and first of all I give and recommend my soul into the handsof Almighty God that give it and my body I recommend to the earth to be buriedin a disant (sic) Christian burial at the discretion of my Executors nothingdoubting but the general Resurrection. I shall receive the same again by themighty power of God, and as tuching (sic) shuch (sic) worldly estate where withit has pleaseth God to bless me with in this life I give devise and dispose ofthe same in the following maner (sic) and form.

First I give and bequeath to Chloe my dearly beloved wife acertain piece (?) track of land that I first place I lived going by the name ofMounce's place during her widowhood. After her widowhood or decease the saidtrack of land to be equally between Issac and Frederick my youngest sons andthe part of the moveables during her life and this track of land going by thename of Moore's Fort, namely the land I purchased of William Moore the land Ipurchased from Joseph Moore and the land I purchased from John Snoddy to beequally divided between James, Martin, Caleb, John, William, and Jesse my sons.If one of my sons should die under age his share to be divided equally amongstthe rest and the other two parts of my moveable estate I divide equally betweenmy three daughters namely Sarah, Nancy and Chloe. Only two cows or the value ofthem I leave to Ruth a daughter I had by a former wife, and four shillingssterling I leave to each of my other daughters, namely, Nancy, and Catrin andMary. I do hearby utterly disallow, revoke, and disannul all and every otherformer Testament wills entered bequeathed and executed by me in anywise (sic)before named wills and bequeathed ratifying and confirming this and no other tobe my last will and testament I witness where of I have hear unto set my handand seal this eight day of April in the year of our Lord one thousand sevenhundred and eighty two.

         his

Frederick X Fraley SEAL

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Signed sealed and _______ ________ and

delivered by the said Fraley as his last will and

Testament in the presents (sic) of us who in his presents

and in the presents of each other ______ _____

our names

John Walker

Edmund Smith

A Coppy T??

Henry Dickenson CRC

BILL OF COMPLAINT, FRALEY vs. FRALEY & SMITH

The Honorable John Brown judge of the Superior Court ofChancery. Humbly complaining unto your honor your orators William Friley,Reuben Fryley, Henry Friley and oratrix Chloe Friley.

That your oratrix Chloe is the widow and your orators thesons of Frederic Frily who resided in that part of Washington now includedwithin the bounds of Russell County. On the 8th day of April in the year 1782having then 8 sons and several daughters he made a will a copy of which yourorators and oratrix herewith exhibit and which they say may be taken in as partof his will. He was induced to make this will as your orators and oratrixexpressly charge from __________ ___________ motives peculiar to his situationand to avoid the whole of his real estate to fall into the hand of his eldestson. He resided in a county at that time exposed to the daily intrusions of thesavage enemy containing but very few inhabitants and which was defenseless andentirely unprotected. Scarcely a day passed except during the winter seasonwhen danger did not threaten, and the savages often appeared on his plantation.Under the then existing law the whole of his real estate would descend to oneof his sons had he died intestate and his object was that all should inherithis lands alike. The testator lived afterward until December in the year 1792when he died away from home in the state of North Carolina having had born tohim from the date of the will until his death five sons of whom your oratorsReuben and Henry are the two eldest. Some short time before his death he gotHenry Dickenson, Clerk of Russell County to prepare another will for him whichthe said Dickenson accordingly did in which an equal division of all his land amongall his (heirs) __________ _________according to the express directions of thesaid Frederic. The said Dickenson took the will so written to your oratorsfathers house in order that it might be executed, but he happened to be fromhome. No opportunity seems afterward to have offered to have the execution ofthe said will completed. Shortly before his death in North Carolina yourorators and oratrix are informed that he was anxious to have made a will, butbeing unable to write one himself, and not being able to procure one to bewritten he died without accomplishing his wishes. After his death six of thetestators sons (being the six eldest) comprehending all those who were full ageentered into an agreement that all the sons as well those born (time) _______at the date of the said will as those born before should have equal portions oftheir fathers lands comprehending the four different tracts mentioned in thewill a other land having been acquired since its date, ________ and with thisunderstanding and with this view the said will was taken to court by youroratrix and her son James (the eldest) and admitted to record andadministration with the will annexed presented to them. Afterward when the sonsIsaac and Frederick came to full age they acceded to the said agreement and itwas _______to and agreed between them and their brothers that they should haveone hundred and fifty acres of land called in the said will Mounce’s Place thatis twenty five acres each this being considered an equal portion in value ofall the land divided into thirteen parts the number of brothers then alive.[inserted above this line is: To this the other brothers also acceded as theycame of age] The said Isaac purchased his brother Frederick’s part in the saidland for a valuable consideration and about the year 1806 sold the same onehundred and fifty acres being his own and his brother Fredericks part asasigned to them by said agreement to a certain John Smith who resided in theneighborhood and who was well acquainted with the said agreement and afterwardmade him a title for one hundred and fifty acres according to certainboundaries then supposed to contain that quality. But as the parties had nomeans of ascertaining the precise quantity it was agreed that if the said quantitywas included it should be reconveyed to said Isaac. Your orator and oratrix donot claim that the said Frederick ever conveyed the said land to said Isaac. He(gave) him they believe some instrument manifesting the contract. The saidIsaac before the said sale to Smith had removed out of Virginia the said Smithafter his purchase gave the said land to his son John who in March 1816 with aview to defraud your orators went to the State of Kentucky, where (the) saidIsaac resided and told him that your orators had run through his plantation and(liking) the land his father purchased from him and that he would have him fordamages unless he would convey to him all the rights which he and the saidIsaac and Frederic held under the said will. The said Isaac then stated that ifsuch act would injure the younger sons he would not do it. The said Smith saidthat it would not and that he would give to the said Isaac a Bond of Indemnity.The said Isaac thereupon gave to said Smith some instrument of writing statingas your orators and oratrix have heard that he had sold to said Smith therights of himself and his brother Frederic arising under the law said will andthe said Smith therefore gave the said Isaac a Bond of Indemnity in the monthof February before your orators with the consent of the said John Smith Jr. hadappointed the surveyor of Russell County to come and lay off the hundred andfifty acres of land for the said Smith according to the agreement made betweenthe aid Isaac and his father. When the surveyor came and had run the lineincluding the said quality the said Smith refused to abide by it and insistedto have the land according to the boundaries contained in the conveyance fromthe said Isaac to his father. This circumstance prompted him to go to Kentuckyand endeavor to obtain not only the land included in the s aid conveyance butthe remainder of the survey called Mounces Place originally made for 243 acres.Your orators and oratrix from _________then in March 1809 Charles your oratorsbrother born since the date of the said will departed this life intestate andwithout lawful issue upon which the said Isaac sold his interest in the land towhich by the agreement between the brothers said Charles was entitled to Jamesthe eldest brother who sold that interest in his own and his brother Benjaminaccruing to him by the death of Charles to your orator William having sold hisother interest in the land to your oratrix before the death of Charles. Yourorator William had purchased before that time the interest of his brothersMartin, John, Jesse, and Daniel and also _______ their interest in Charles’part. Your orators Reuben and Henry purchased their brother Calebs part beforethe death of the said Charles and your oratrix the residue. Your orators Reubenand Henry purchased their brother Benjamins part of their fathers land beforethe death of the said Charles and their brother James purchased the interest ofCharles part. Your orators and oratrix further state that previous to the saleby the said Isaac to Smith in 1806 the said Isaac relinquished any claim towhich your oratrix might have in the land which he sold to said Smith for aboutsixty dollars and your oratrix resides with orator William _______ havingresided in Mounces Place since her husband’s death. Your orators and oratrixexpressly charge that it was well understood in the neighborhood that the saidwill had not been regarded as the rule of division ______ that an agreementadverse to its premises had been made between those interested and that thesaid John Smith and his son John Smith Jr. [THIS INSERTED ABOVE THIS SPACE: thelatter applied to purchase your orators Reuben and Henrys part of MouncesPlace] acquainted with it and the terms of it. To the end thereupon that thesaid John Smith, John Smith Jr, Isaac Friley, Frederic Frily, James Frily,Martin Frily, John Frily, Jesse Frily, Daniel Frily, Benjamin Frily, CalebFrily, William Tabor and Nancy his wife formerly Nancy Frily, Sarah Donahoformerly Sarah Frily, Jesse Wommack and Chloe his wife, formerly Chloe Frily,Catharine Stapleton formerly Catherine Frily, Ruth Price formerly Ruth Frily,and Molly Frily may be made defendants to this Bill and that they may severallyanswer the premise as fully and truly as if the whole _____ _____ _____ and_____ that if his Honourable Court shall be of opinion that the said will oughtto be canceled or revoked the same be set aside and all the children admittedto equal shares in the land or if that cannot be (now) done that the agreementbetween the sons be confirmed and the said Smith be assigned one hundred andfifty acres purchased by his father from the said Isaac and the residue of the_______ (called) Mounces to your orators and oratrix according to their severalinterests and that your orators and oratrix may have such other and furtherrelief as may be calculated to do justice to their claims and forever grantthem in the ________of their rights may it please your honor to _____ yourorators and oratrix the ______ ________ of _______ ______.

Daniel Sheffey