Botetourt County, VA - Heirs of Jesse Camper, 1852 Lawsuit Submitted for use by the USGenWeb Archives by: Peggy Miller George W. Camper & Others Vs Bill In Chy. (Chancery) Jesse Camper's Heirs 1852 Typed from a photo copy of the original document found on April 28, 2000 at Botetourt County Courthouse, Fincastle, Virginia. The documents are located in Chancery file 62, May 1892 - A through F. Contributed by Peggy Miller, pmiller@olg.com on May 27,, 2000. To the Honorable Edward Johnston, Judge of the Circuit Court for the County of Botetourt. The bill of complaint of your Orators & Oratices George W. Camper, James Camper, David Gilbert & Alice his wife (formerly Alice Camper) Samuel Thomas and Julia Ann his wife (formerly Julia Ann Camper) John Nace and Mary his wife (formerly Mary Craft) Erastus Camper and Mary his wife (formerly Mary Camper) Narcissa C. Oiler, Emily Jane Oiler and Minerva V. Oiler, infant children and heirs of Eliza Oiler deceased (formerly Eliza Camper) who sue by George W. Camper their next friend; and Matthew J. Camper, George E. Camper and William P. Camper, infant children & heirs of Elizabeth Camper deceased, who sue by the said George W. Camper their next friend; and William Chapple and Elizabeth his wife (formerly Elizabeth Craft) William Ballew and Sarah his wife, (formerly Sarah Craft) and Margaret Craft, William Craft, John Craft and Harriet Virginia Craft, infant children & heirs at law of William Craft deceased, who sue by the said George W. Camper their next friend, respectfully shows unto your Honor. That Jesse Camper, late of the County of Botetourt, departed this life some seven or eight years ago, intestate & without leaving any children, or the descendants of any child or children, to inherit his estate. His widow Lucy Camper survived him for several years, but she also is now dead; having died about the year 1850. The said Jesse Camper died the owner and proprietor of a small tract of land, believed to contain Sixty acres and ninety poles, lying in the County of Botetourt on the waters of Back Creek, a branch of Looney's Creek; 47 1/2 acres, part of the said tract, were conveyed to him by one John Camper and Sarah his wife, & William Switzer and Ann his wife, by deed bearing date on the 5th day of January 1811 & admitted to record at the January Court 1811 --- Five acres and ten poles, another part thereof, were conveyed to him by James Switzer and Mary his wife, and Nancy Switzer, by deed dated 10th February 1818, and admitted to record on the 3rd day of July 1818. And eight acres, the residue thereof, were conveyed to him by Robert Kyle and Mary T. his wife, by deed bearing date on the 4th day of February 1825, and admitted to record on the same day. These separate parcels form parts of one and the same farm and are the same on which the said Jesse Camper died; and your Orators and Oratrices are advised that upon the death of the said Jesse, intestate and without children, (his father and mother both having died many years before him) the said lands descended and passed to his brothers and sisters, and their descendants or to such of them as there might be. The said Jesse was a very old man at the time of his death, and had outlived all of his brothers & sisters. He had the following brothers and sisters however who have left descendants, to Wit, Peter, James, John, and Solomon Camper. He had also one sister, who left descendants, and her name was Sarah; but whether had other sisters, your Orators are unable to say. 1. Peter Camper died many years ago, leaving eight children, to Wit three sons and five daughters, whose names were Harman, Francis, Sherrod, Elizabeth, Margaret, Sarah, Euphemia and Mary. Mary and Euphemia died single and without children, near 30 years ago. Sarah married James Smith, and she and her husband have both been dead for near 30 years, leaving no children. So that the other five children, or their descendants of the said Peter Camper, are entitled to inherit the portion of the said Jesse's estate, to which the said Peter would have succeeded. Margaret Camper, one of the said five children, married Levi Martin, and she and her husband have both been dead for some years. The said Margaret left two children to survive her as her heirs, and the descendants of another child who had died before her. The names of her two surviving children are Augustus Martin, (who lives in the State of Wisconsin) and Andrew J. Martin, (who resides in Illinois). And the name of the other child of the said Margaret Martin, who had died previous to his mother was John Martin. He left two infant children as his heirs, whose names are Margaret and Levi, and it is believed they are still alive and residing in Park County, Indiana. Elizabeth, another of the five children of said Peter Camper, has also been dead for many years. She had an illegitimate child, named Erastus Camper, who is one of your Orators, and is now living in the County of Botetourt; and the said Elizabeth, after having said child, intermarried with a certain Benjamin Craft, by whom she afterwards had two other children, to wit, William Craft and Mary Craft. The said Mary Craft has intermarried with your Orator John Nace, and the said William Craft departed this life intestate about the month of January 1850, leaving the following children as his heirs at law, to Wit, your Orators & Oratices Elizabeth Chapple (the wife of William Chapple) Sarah Ballew, (the wife of William Ballew) and Margaret, William, John and Harriet Virginia Craft, who are infants under the age of 21. Harman, Francis and Sherrod Camper, the three remaining children of the said Peter, were all living at the time of the said Jesse Camper's death, but all three of them are now dead. Francis, who lived in the State of Alabama, died first, intestate and without issue, whereby his interest in the said land descended & passed in equal portions to his surviving brothers Harman & Sherrod, and to the descendants aforesaid of his two deceased sisters, the said Margaret Martin and Elizabeth Craft. Sherrod Camper then died intestate, leaving a widow named Nancy, who is still living and the following children as his heirs at law, to Wit, your Oratrices Alice Gilbert (the wife of your Orator David Gilbert) Mary Camper (the wife of your Orator Erastus Camper) Julia Ann Thomas, (the wife of your Orator Samuel Thomas) your Orator James Camper, and Euphemia North, the wife of John W. North, hereinafter made defendants. And the said Harman Camper, the last of the said Peter's children, then died in the present year 1852, having made and published his last Will and testament, which has been admitted to probate in the County Curt of Botetourt, and a copy whereof will be filed as a part of this bill. And by an inspection of said Will, it will be seen that the said Harman has devised all his real estate & personal to your Orator George W. Camper. 2. James Camper, another of the brothers of the said Jesse, left the following children, nine in number to Wit, Henry W. Camper, William Camper, George E. Camper, Jacob Camper, Hetty Camper, Elizabeth Camper, Mary Camper, Susan Camper and Margaret Camper. His daughters are all married. The said Hetty Camper is married to Cornelius Printz; Mary is married to Jacob Bunger; Susan is married to Richard A. Claughton; and Margaret is married to William Hasten. Elizabeth was married to James McNeal, but she has been dead for some years, and has left the following infant children as her heirs at law, to Wit, George, Matilda, and James McNeal. And the said William and Jacob Camper, two of the sons of the said James, are both dead. William died in the Western Country, leaving children whose names and number are to your Orators unknown. And Jacob died leaving the following children as his heirs, to wit; Susan, Charles H., William, Nancy & Jacob Camper. The said Susan is married to Larkin Butler, and the other children of said Jacob are infants under the age of 21. 3. John Camper, another of the brothers of the said Jesse, left three children who are known to your Orators, and their names are Francis, Peter, and Sanford; but the said John may have left and probably did leave others. Your Orators however have been unable to ascertain that fact certainly or to learn their names or the place of their residence. Francis and Sanford, two of the above named children reside in the Western Country, and Peter lives in Craig County, Virginia. 4. Solomon Camper, the other brother of said Jesse left the following children who are known to your Orators to Wit, John, Harman, Valentine, Mary Ann, and Sicily. If he had others, your Orators have not ascertained their names, or their residence. Mary Ann was married to a man named Craft, but her husband is now dead; And Sicily was married to one John Bussey, and her husband is also dead. And the said Harman & Valentine, it is believed, live in the State of Indiana. 5. As before stated, your Orators and Oratrices are unable to say whether the said Jesse Camper has more than one sister, who has left descendants. His sister Sarah, (before referred to) died many years ago leaving children whose names and number are unknown, except as to one of them whose name was Hannah, and who intermarried with Harman Camper, herein before referred to as one of the children of Peter Camper. But the said Hannah the wife of the said Harman Camper and daughter of the said Sarah, is now dead also, and had the following children who, or their descendants, are her legal heirs, to Wit, your Orator George W. Camper, Alfred Camper, Peter Camper, Eliza Camper, Elizabeth Camper, Fatima Camper and Alice Camper. The Said Eliza Camper intermarried with one William H. Oiler, but she has been dead for some time, and has left the following infant children, to wit, your complainants Narcissa C., Emily Jane and Minerva V. Oiler. The said Elizabeth Camper is also dead, and has left your three infant complainants, Matthew J., George E. and William P. Camper as her children and heirs at law. And the said Alice Camper has intermarried with a certain Joel Lewis, now of the County of Rockbridge. Your Orators and Oratrices are advised that a Court of Equity will compel a partition to be made amongst the several heirs of the said Jesse Camper deceased of the tract or tracts of land aforesaid of which he died seized, according to their respective interest therein; or if a partition cannot be conveniently made or if the interest of the parties will be promoted by a sale of the entire subject, they are advised that the court will order such sale, and make distribution among the heirs of the proceeds thereof, according to their respective rights. They beg leave to state that the lands aforesaid are all the real estate which the said Jesse Camper owned; and they charge that a partition thereof cannot be made with any sort of convenience, as the heirs are so very numerous and the tract but a small one and that it will be manifestly to the interest of all parties concerned to have the land sold and the proceeds distributed as above indicated. They further represent that the heirs are so very numerous and widely dispersed not only over this State, but also over other States of the Union, that it will be very difficult, if not, impossible to convene them all before the court. The expense too of convening them, will probably well nigh consume the little sum which the land will sell for. For as much therefore as they are without relief, save in this Honorable Court, they pray that the said Augustus Martin & Andrew J. Martin, children of Margaret Martin deceased (formerly Margaret Camper) and Margaret and Levi Martin infant children of John Martin deceased, who was also a child of the said Margaret Martin deceased; and Nancy Camper, widow of Sherrod Camper deceased, John W. North and Euphemia his wife, formerly Euphemia Camper, one of the children of said Sherrod Camper deceased; and Henry W. Camper, George E. Camper, Cornelius Printz and Hetty his wife (formerly Hetty Camper) Jacob Bunger and Mary his wife (formerly Mary Camper) Richard A. Claughton and Susan his wife (formerly Susan Camper) William Hasten and Margaret his wife (formerly Margaret Camper) children of James Camper deceased and children of William Camper deceased who was also a child of James Camper deceased; and Larkin Butler and Susan his wife (formerly Susan Camper) and Charles H., William, Nancy and Jacob Camper, infant children of Jacob Camper deceased, who was also a child of James Camper deceased, and George, Matilda and James McNeal, infant children of Elizabeth McNeal deceased (formerly Elizabeth Camper) who was also a child of said James Camper deceased; and Francis Camper, Peter Camper, and Sanford Camper children of John Camper deceased, and any other person or persons who may be children or descendants of the children of said John Camper deceased; and John Camper, Harman Camper, Valentine Camper, Mary Ann Craft (formerly Camper) and Sicily Bussey (formerly Camper, children of Solomon Camper deceased; and any other person or persons who may be children or descendants of the children of said Solomon Camper deceased; and Alfred Camper, Peter Camper, Fatima Camper and Joel Lewis and Alice his wife, (formerly Alice Camper) children of Hannah Camper deceased who was a daughter of Sarah Camper deceased; all of said parties being the descendants of the brothers and sisters of Jesse Camper deceased and as such, heirs to the said Jesse Camper's estate; and any other person or persons who may be heirs to the estate of the said Jesse Camper deceased may be made parties Defendant to this bill and compelled to answer the same on oath; and they pray that partition may be decreed of the lands of the said Jesse Camper before described amongst the parties entitled thereto, if you Honor shall think that such partition can be conveniently made; and if your Honor shall be of opinion that the interest of the parties will be promoted by a sale of said land and distribution of the proceeds thereof, (which must be manifestly the case) then they pray for a sale of the entire subject, and ask for such distribution amongst the parties entitled, & according to their respective rights. And they further pray for general relief. And as in duty bound ___. Lackland, for peffs. ****************************************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *****************************************************************************************