Chancery Record, Court Case, Land Division of the estate of Isaiah Humphrey, Albemarle County, VA. Contributed for use in USGenWeb Archives by Valerie Ward valerieak1@hotmail.com (An effort has been made to faithfully transcribe these records, but errors are still possible.) *********************************************************************** USGENWEB ARCHIVES NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities, when written permission is obtained from the contributor, so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Chancery Case 571 23 1830-046 Library of Virginia To the worshipful court of Albemarle county in Chancery sitting. Your orator David Humphrey by leave respectfully to represent that some years ago his father Isaiah Humphrey late of Albemarle county departed this life intestate leaving a widow to with , May Humphrey and the following children, who , together with your Orator are his legal heirs and representatives, tow it, George W. Humphrey, William Humphrey, Lewis Humphrey and Andrew J Humphrey. That the said Isaiah Humphrey decd seized and possessed of a certain tract of land situated in said county of Albemarle and upon which his said widow has continued to reside ever since his death. What by the laws of the county your orator is entitled to the one fifth part of said real estate which however is subject to the widow down in the same. Your orator would further represent that all of the aforesaid children have attained the age of twenty one years except the said Andrew J Humphrey, who is an infant within that age. Your orator therefor pray that a guardian ad lit tem? be appointed by the court to protect his interests in this suit and that he together with the said Mary Humphrey widow and the said George, William and Lewis Humphrey be made defendants to this bill and required to make the same and that your worships will decree unto your Orator and the other parties such portions of said tract of land (missing section) and justly entitled to and that commissioners may be appointed by your worships for purpose of laying off and assigning unto the said widow her dower in the aforesaid tract of land and dividing the balance thereof amongst your orator and the other parties aforesaid, according to law. And that your worships will grant such other and further relief in the premises as may be just and equitable and the nature of the case may require __ will every pary (signed) Spiew PJ???? At a court held for Albemarle County the 4th October, 1830 David Humphrey against George W. Humphrey, William Humphrey, Lewis Humphrey and Andrew Humphrey In Chancery George W. _______ (could be Kinsoling) is appointed guardian ad litem to the infant defendant Andrew J Humphrey. Thereupon this cause came on to be heard this 4th day of October 1830 upon the bill, answer, exhibits __ and were argued by council whereupon it appearing to the court that the Plaintiff David Humphrey and the other children of Isaiah Humphrey decd one are each entitled to their proportionable part of the tract of land of which he _______ and possessed, as mentioned and referred to in the Plts bill, subject however to the widows dower in the same. It is therefore adjudged, ordered and decreed, that Benj Ficklin, James Gillman, Henry Pemberton, John Jones and Chapman W. Maupin be and they are herby appointed commissioners who or any three of whom shall enter upon the said tract of land and lay off and assign according to law unto Mary Humphrey widow of said Isaiah Humphrey decd her dower therein and shall also divide the balance thereof between the parties legally entitled thereto to wit George W. Humphrey, David Humphrey, the Plt, William Humphrey, Lewis Humphrey and Andrew J Humphrey children of said Isaiah Humphrey decd allotting and assigning to each one equal portion of the same according to law and that the said commissioners do report their proceedings to this court in order to a final decree. ____ Teste Alex Garnett CC\ Humphrey vs Humphrey In Chancery __________ Decree This cause came on to be heard this 4th day of October 1830, upon the bill, answer, exhibited and was argued by Council whereupon it appearing to the court that the plaintiff David Humphrey and the other children of Isaiah Humphrey decd are each entitled to their proportionable part of the tract of land of which _____ and possessed as _________ and referred to in the plaintiffs bill subject however to the widows dower in the same. It is therefore adjudged, ordered and decreed that Benj Ficklin?, James Gilliam, Henry Pemberton, Jno Jones and Chapman W. Mauppin? be and they are hereby appointed commissioners who or any there of them shall enter upon the said tract of land and lay off and assign unto Mary Humphrey widow of said Isaiah Humphrey decd ther dower therein and shall also divide the balance thereof between the parties legally entitled to wit, George W.Humphrey, David Humphrey (the plaintiff), William Humphrey, Lewis Humphrey, and Andrew J Humphrey children of said Isaiah Humphrey, decd allotting unto each one an equal portion of the same according to law and that the said commissioners do report their proceedings to this court in order to a final decree. To the worshipful court of Albemarle County in Chancery sitting The separate answer of Mary Humphrey widow of Isaiah Humphrey deceased to a bill in Chancery exhibited against her and others in said court by David Humphrey as plaintiff. This respondent saving and reserving to herself the benefit of all legal and proper exceptions to said bill for answer thereto or to so much thereof as she is advised it is material for her to answer- answer to and saith that she cannot gainsay the truth of the allegation contained therein and that she as the widow of said Isaiah Humphrey decd, assents and claims her right of dower in the tract of land of which he _____ and possessed as referred to in the plaintiffs bill _____ that the same be allotted and laid off unto her according to law and she has no objection to the said ___ decreeing agreeably to the ____ of said bill and further she answerith not but pray to be hence dismissed. In witness whereof she has hereunto set her hand Test B. Fu_____ Mary F (her mark "X") Humphrey To the worshipful Court of Albemarle County in Chancery Sitting The joint answer of George W. Humphrey, William Humphrey and Lewis Humphrey to a bill in chancery exhibited against them in said court by David Humphrey plaintiff vs. them and other defendants. There respondents saving and reserving to themselves the benefit of all legal and proper exceptions to said bill for answer thereto __ to so much thereof as they are advised it is material for them to answer--- answereth saith, That they cannot gainsay the truth of the Plaintiffs allegations contained in said bill and that they have no objections to the court decreeing agreeably to the prayer of the same and further they answereth not but pray to be hence dismissed. In witness wherof they have hereunto set their hands (signed) G. W. Humphey, William Humphrey, Lewis __ Humphrey To the worshipful Court of Albemarle County in Chancery Sitting The answer of George W. _________ guardian ad litem for Andrew J Humphrey to a bill in chancery exhibited him and others in said court by David Humphrey Pltf. This respondent saving and reserving to himself the benefit of all legal and proper exceptions to said bill for answer thereto or to so much thereof as he is advised it is material for him to answer--- answereth and saith, That he cannot gainsay the truth of the allegations contained in said bill and therefor is not aware that he has any ___ of objection __ the court decreeing agreeably to the prayer thereof, but the said Andrew J. Humphrey being an infant under the age of twenty one years, ____________ rights to the court to be by them protected and further answereth not but pray to be hence dismissed. Agreeably to a decree of the chancery court of Albemarle County, made the fourth day of October 1830 and unto us directed to divide the land whereof Isaiah Humphrey decd _____ and appointing us commissioners we accordingly met on the 22nd of October 1830 and after assigning the widow Mary Humphrey her dower of sixty acres around the dwelling we laid off the balance in five lots assigning to each legatee one lot with the number of acres as stated in the plot hereto affixed Viz to David Humphrey s Lot No 1 to Lewis Humphreys Lot No 2, to Andrew Humphreys Lot No 3, to George W. Humphrey Lot No 4 and to William Humphreys lot No 5 given under our hand this day and date above written. Chapman W. Maupin James Gillam John Jones Henry Pemberton (Map detailing the division is located at http://www.usgwarchives.net/va/albemarle/images/humphreyland.jpg. I will send an image by e-mail if requested. valerieak1@hotmail.com) This is a plat of the land belonging to the estate of Isaiah Humphrey decd and divided as above by the commissioners appointed by the Court for that purpose. Surveyed Oct 22, 1830 P McGee.