Chancery Record, Admr David Humphrey Senior Dec'd, Admx David Humphrey Junior, Dec'd, Admr Isaiah Humphrey Dec'd and other heirs of David Humphrey Senior., 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 *********************************************************************** Library of Virginal Chancery Case 1820-014 Admr David Humphrey and others vs. Admx David Humphrey To the Worshipful court of Albemarle _____ in Chancery. Humbly complaining ___ to the Court your orator and oratrixes Ralph H YANCEY, admr with the will annexed of David HUMPHREY SENIOR dec'd, Kezziah REYNOLDS widow of James Reynolds dec'd, Thomas RICE and Anna, his wife, John SPENCER and Mary his wife, James FOSTER and Patsy his wife, Mildred BAILY widow of John Baily deceased, Achilllis BABER and Lydia his wife, Susanna HUMPHREY widow and admx of David HUMPHREY JR. deceased, Richard Humphrey, Spicer Humphrey, William Humphrey, Spicy Humphrey, Meriwether Humphrey, Garland Humphrey, David Humphrey and John Humphrey, children heirs and distributees of the said David Humphrey jr dec'd of which said Meriwether, Garland, David and John being infants __ by said Susanna their mother, __ Next further that David Humphrey Senior deceased, the testator of your orator Ralph H and the father of your orators and oratrixes, Kezziah Reynolds, formerly Kezziah Humphrey, Anna Rice formerly Anna Humphrey, Mary Spencer, formerly Mary Humphrey, Patsy Foster formerly Patsy Humphrey, Mildred Baily, Lydia Baber, formerly Lydia Humphrey and of David Humphrey jr Deceased the interstate of your oratrix Susanna, ___ that of ___ other orators and oratrixes, departed this life some time in the year (blank) having first duly made and published his last will and testament whereof your orator Ralph H Yancey in default of the qualifications of the executor therein named, hath taken administrator with the will annexed, that by his said last will and testa ment, an authenticated copy which is herewith exhibited and prayed to be taken as a part of this ____, the said David Hmy? Senior divided and bequeathed certain property and especially certain negroes by name to your oratrix Kezziah Reynolds, Anna Rice, Mary Spencer, Patsy Foster, Mildred Baily, Lydia Baber and David Humphrey jr, the interstate of your oratrix Susanna and the father of your other orators and oratrixes in the manner and upon the terms his said will mentioned?? ___ orators and oratrixes further avow?? that a certain Isaiah Humphrey also son of said David Humphrey senior after the making of said last will and testament pro____ and induced said David to convey the negroes aforesaid to him, by a deed for that purpose?? now of record as your orators and oratrixes believe in Albemarle Court; they charge that at the time of executing said deed, said David was very old and ________, in a great state of imbicility and weakness of mind so as to be utterly incapable of doing any valid act; that the said Isaiah taking advantage of that circumstance, by fraud, misrepresentation, inportunate??? solicitations and other undue means which they expect to prove practiced upon the said David's weakness and incapacity and procured? the deed aforesaid to be executed by means thereof; that yet the said Isaiah during his life time and a certain Jeconais Yancey to whom administration of his estate has been granted, he having died in testate, as well as his children and distributees since his death, have refused and still refuse to surrender said deed to be cancelled or to give up the negroes conveyed thereby and their increase, pretending said deed is valid in law; all which is contrary to Equity __. In tender ___ ____ whereof and forasmuch as your orators and oratrixes are ____ ___ in these premises, except in a court of Equity. To the end therefore e that said Jeconias Yancey, admr of Isaiah Humphrey dec'd may answer the premises as fully as if they were repealed, and they hereto interrogate??? that the court would decree the deed from David Humphrey Senior to Isaiah Humphrey to be delivered up to be cancelled and the slaves and their increase conveyed to be delivered up to your orators and oratrixes according to their respective? _____ and make such decree in the case as Equity require _______ And Mary Humphrey widow of said Isaiah and Washington, David, Lewis, William, Andrew Jackson and Amelia Humphrey children and distributees of said Isaiah. Humphrey Admr Bill Humphrey admr Nov 1819 a suba Mar April May June 1820 ___ for answ July ___ Aug Degree __ Sept Oct ___ 9 Nov 1820 Dismid per ____ proved by ______ A List of the Legatees of David Humphrey Senr dec'd as named in the said Humphrey's will now of record in Albemarle office, Kezziah Reynolds (relict) of James Reynolds, Anna Reece (wife) of Thomas Reece both living, Mary Spencer (wife of John Spencer both living, Patsy Foster (wife of James Foster both living, Mildred Baily (relict) of Jn Baily, but was first married to Jams? Hall and had by him the following children Jane, Harry, Thomas and Sally and by her last husband (Baily) Betsy, Jn, Lewis, and Patsy both her husbands died before her father. Lydia Baber wife of Achillis Baber but separated for many years and he now living with another woman and Lydia living. Mary Humphrey wife of Isaiah Humphrey dec'd who has the following children Washington, David, Lewis, William, Andrew Jackson, and Amelia Isaiah died before his father, Jeconais Yancey admr of Isaiah Humphrey The following heirs of David Humphrey Junr dec'd Susanna (his wife and admx) children of the same, Richard born (before married) Spicer, William Spicy, (under age)Meriwether, Garland, David and Jn Summons issued, see copies for full transcription Summon Susannah Humphrey widow and admx of David Humphrey jr deceased, Richard Humphrey, Spicer Humphrey, William Humphrey, Spicy Humphrey, adult children and Meriwether Humphrey, Garland Humphrey, David Humphrey and John Humphrey infant children of said David Humphrey jr deceased to appear in Albemarle Court Nov 1st to answer a bill in chancery established by Ralph H Yancey admr with the will annexed of David Humphrey Sr, Kezziah Reynolds, widow and relict of James Reynolds, dec'd, Thomas Rice and Anna his wife, John Spencer and Mary his wife, James Foster and Patsy his wife, Mildred Bailey, widow and relict of John Bailey dec'd, Achillis Baber and Lydia his wife, Jeconias Yancey admr of Isaiah Humphrey dec'd Oct 18, 1819 A 2nd summons was issued Nov 6th 1819 identical to that above to appear March 1st. At ___ ____ in the clerk's office of Albemarle County Court the 7th day of August 1820 Ralph H Yancey administrator with the will annexed of David Humphrey Senr Kezziah Reynolds, widow and relict of James Reynolds, dec'd Thomas Rice and Anne his wife, John Spencer and Mary his wife, James Foster and Patsy his wife, Mildred Baily widow and relict of John Baily dec'd, Achillis Baber and Lydia his wife and Jeconais Yancy admir of Isaiah Humphrey dec'd against Susannah Humphrey widow and admx of David Humphrey deceased Richard Humphrey, Spicer Humphrey, William Humphrey, Spicie Humphrey, adult children, and Merewether Humphrey, Garland Humphrey, David Humphrey, and John Humphrey infant children of said David Humphrey decease. It appearing that the bill of the Plaintiffs hath been filed more than three months last past and the subpoena executed also more than three months last past and the Defendants failing to file their answer to the Plaintiffs bill, on the motion of the Plaintiffs it is ordered that unless the Defendants do appear here on the First Monday in November next and answer the Plaintiffs bill (being first served with a copy of this order) that the same will be taken for confessed and that the Court will proceed to decree agreeable to the prayer of said bill. Teste, Alan Garrett Mr. Phillip P Barour?? will please dismiss the suit in Chy brought by the admr of David Humphrey Senr decd and the heirs of said Humphrey vs the heirs and representatives of Isaiah Humphrey decd in Chy in the Count Court of Albemarle at the ___ ___ _________ signed Lydda Baber and Keziah Reynolds (her mark) Nov 6, 1820