Caroline Co., VA

Appeal & Land Causes 1787-1807 Pages 1-649, Pt 1-2-3

Elliotts Admin vs. Elliott

Pleas before the Justices of the County Courts of Caroline at a
Court of quarterly Sessions continue a ...b and held for the said
County at the Court house on the fourteenth day of August one
thousand eight hundred and five.  Be it remembered that here afore
to wit on the twenty first day of February one thousand eight
hundred and four.  Thomas Noelb administrator with the annesced(?)
of Caleb Elliott deceased ...out of the said Court his certain writ
of Copies adrespondendum(?) against William Elliott in a plea of
detinue for four negroes slaves.  Hannah of the value of seven
hundred dollars. Reuben of the value of seven hundred dollars, 
Isabell of the value of seven hundred dollars and her children born
since the mother came into the possession of the defendant of the
value of five hundred dollars damage two thousand six hundred
dollars returnable before the said Court on the second .... days in
April thence next following upon which wit the said William Elliott
was taken and arrested and afterwards he wit at a Court of
Quarterly Session contained and hold for the said County at the
Court house on the eleventh day of April one thousand eight hundred
and four.  Lewis Picardat and Daniel Turner came into Court and
undertook for the defendant that in case he should be cast in this
suit he shall satisfy and pay the condemnation of the Court or
render his body in prison in execution for the same on that they
those said Lewis Picardet and Daniel Turner will do it for him and
at another day to wit at Rules held in the Clerks Office pursuant
to Law on the twenty eighth day of April one thousand eight hundred
and four Came the said Thomas Noll Administrator with the will
annesced of Caleb Elliott by his attorney and exhibited his certain
bills against the said William Elliott in the words following to
wit Caroline County to wit Thomas Noll administrator with the will
annesced of Caleb Elliott deceased complains of William Elliott in
Custody ... of a plea that he restore to him four negroes Slaves to
with 
Reuben a man or lad of the value of seven hundred dollars
Hannah a girl of the value of seven hundred dollars Isabell a woman
of the value of seven hundred dollars and her female child Malinda
born since the mother came into the possession of the said
defendant of the value of five hundred dollars which from the
plaintiff the said defendant in justly detains ... For that whereas
the said plaintiff on the        day of      in the in the years of
our Lord one thousand eight hundred and three at the County
aforesaid was possessed of the said Reuben, Hannah, and Isabell as
of the slave of him the said Thomas Noelb administrator as
aforesaid and so thereof being possessed as aforesaid on the same
day and year aforesaid at the County aforesaid did deliver the said
slaves to the said defendant to be by him safely keep and to be
restored and redelivered to the said plaintiff when he the said
defendant should be thereto required which said negro slave Isabell
after she came into the possession of the defendant brought for the
and was delivered of the above mentioned female child Malinda 
Nevertheless the said defendant ... after required ... the said
Negroes slave Reuben, Hannah, Isabell and her child or either of
them hath not restored and redelivered to the said plaintiff but
the same to him to ..... and redeliver the said defendant hath
hitherto altogether f=refused and still doth refuse and unjustly
detains the same from the said plaintiff to the damage of the said
plaintiff Two thousand six hundred dollars and therefore he brings
with to and the deferred out failing to appear on the motion of the
plaintiff by his attorney it is considered that the plaintiff
recover against the said defendant the negro slaves Hannah, Reuben,
Isabell and Malinda in the declaration mentioned also his cost ....
the said defendant should appear and answer at the ... Rules and ..
another day to wit at Rules held in the Clerks Office pursuant to
Law on the ninth day of May one t`ousand eight hundred and four
Came the plaintiff by his attorney and the defendant although
........ called came and but made default. Therefore it is
considered that the plaintiff ought to recover against the said
defendant this negro slaves Hannah, Reuben, Isabell and Malinda if
to be had if not to be had their respective values and damages for
their .......... but because it is unknown what damages the
plaintiff may have sustained a Jury is to be ............. and
sworn at the next Court of Quarterly Sessions to inquire of each
de..negroes.  And at another day to wit, at a Court of Quarterly
Sessions continued and held for the said County at the Court house
on the fifteenth day of August one thousand eight hundred and four
Come the parties by their Attorneys and on the motion of the
defendant the judgement with the wit of original entered up in the
Clerks Office against him is set aside and the said and the said
defendant deferred .... the force and injury when .. and said that
the plaintiff his action aforesaid against him ought not to have
and maintained because he said that he doth not detain the negro
slaves in the declaration mentioned in manner sand forever as the
plaintiff against him hath complained and of this he puts himself
upon the County and the plaintiff likewise and thereupon came a
Jury to wit: Richard Marry, James Pitts, William Johnson, Presley
Doggertt, Gwinn Pemberton, Edwin Braddus, Alexander Sneed, William
Schooler, Charles Blountow, Philip Land and John Slatewood and
Presley Samuel w`o being tired and sworn the truth to speak upon
the ...joined upon their oaths do say that the defendant doth not
detain the negro slaves in the declaration mentioned in names or
and form as the plaintiff against him hath complained and upon the
motion of the plaintiff by his attorney a new trial of this cause
is granted him upon his payment of Costs and now at this day to wit
... a Court of Quarterly Session continued and held for the said
County at the Court house on the fourteenth day of August one
thousand eight hundred and five till which day the suit aforesaid
was continued from time to time at the Cost of the defendant cause
the parties by their attorneys and thereupon come also do pay to
wit: Joseph Sutton, Richard Gatwood, George Holleway, Henry Wright,
Zacharach William, John Song, Andrew Mitchell, ..... Mitchell,
Ambrose Temps, William Thompkins, William Hopkins, and Nicholas
Lefod who being tried and sworn the hath so speak upon the issue
joined returned a special verdict in these words.  We of t`e jqry
sworn and imparrelled(?) in this cause upon our oath do find that
Caleb Elliott the elder deacon in his life time was possessed of
the slaves  among.... other slaves, Reuben, Hannah, and Isabell in
the declaration mentioned as of his own property and did duly make
execute and publish his last Will and Testament in writing in the
words and figures following "I Caleb Elliott of ... County being in
perfect health and commissioned mind and memory and knowing it is
appointed for all men once to die do make and ordain this my last
Will nd Testament Imprimis it is my desire to be buried in a
Christian like manner and that after my funeral expenses all my
just debts be paid Item I give to my son Wyatt Elliott the land I
hold in Essacx(?) County containing by estimation one hundred and
ten acres and two hundred acres land in Kentucky to him and his
heirs lawfully begotten forever but in case my son Wyatt Elliott
dies without issue lawfully begotten of his body my desire is that
the said land be sold and the money arising from the Sale to be
equally divided among all my grandchildren that is living at my
death lawfully begotten, Item I give and bequeath unto my son
William Elliott Two hundred acres of land in Kentucky to him and
his heirs forever.  ... feather beat. Item I give & bequeath to my
grand son the Younger Pitts one hundred acres land in Kentucky to
him and his heirs forever.  Item my desire is that all my negroes
be equally divided between my two sons, Wyatt and William Elliott
but in case my son Wyatt Elliott dies without issue lawfully
begotten of his body then my desire is that all the negroes left
him return to my son William Elliott and his heirs lawfully
begotten of his body forever and that my son William  Elliott in
this case pay an equal proportion of the value of the said negroes
left Wyatt Elliott to all my Grand children lawfully begotten money
accept my grandchild John Pitts.  Item I give and bequeath to my
grand son John Pitts five pounds issued to be raise out of my
personal estate to him and his heirs forever.  It is my desire that
the residue of my estate no mentioned be sold and the money arising
from he sale be equally divided between my two sons Wyatt and
William Elliott to them and their lawful heirs forever. Item I
leave to my beloved wife Margaret Elliott two pounds per annum and
her board forever to be paid by my two sons Wyatt and William
Elliott. I leave my two sons Wyatt and William Elliott executors to
this my last Will and Testament In witness w`ereas I have hereunto
set my hand and seal this third day of September 1789. Signed &
Sealed in present of William F. Gray Reuben Clift     Caleb E.
Elliott (seal)
At a Court held for Essex County at Tappahanic on the 15th day of
February 1796. This last Will and Testament of Caleb Elliott was
proved by Reuben Clift a subscribing witness thereto who made oath
that William F. Gray (who is dead) the other witness thereto signed
the same in presence of the testator as a witness and at his
request, which said Wall was ordered to be recorded Teste John P.
Lee The bond
At a Court held for Essex County at Tappahannock the 19th day of
June 1797. William Elliott one of the executors named in this will,
came into Court and refused to qualify to the same and on the
motion of Wyatt Elliott the other executor certificate is granted
him for obtaining probate thereof in due form he having made oath
and entered into bond with security as the law desired which bond
is ordered to be recorded. Teste John P. Lee Clk Court. 

(This continues, but appears to be incorrect, due to the fact that
the will is inserted in the middle of the context.)
and died so ................ of the said slaves without ..... or
revoking the said Will. We find that after the death of the said
Caleb, Wyatt Elliott one of the executors mentioned in the said
Will offered the same for probate which was duly proved and
admitted by the County Court of Essex to record on the 19th day of
June 1797 and the said Wyatt Qualified as executor of the said
William took upon himself the execution thereof and that the said
slaves Reuben Hannah and Isabell came to his possession as executor
aforesaid. We find that the said slaves Reuben, Hannah and Isabell
in the declaration mentioned are a part of the slaves mentioned int
he following clause of the said Will. Item my desire is that all my
negroes be equally .... and that Malinda the other slave in the
declaration mentions is the child of the said Isabell born since
the death of the said Testator in the possession of the said
defendant, We find that the said Wyatt Elliott after qualifying as
executor of the said Will and the said defendant about the     day
of     made division of the estate of Caleb Elliott between them
recording to the said Will and that the said slaves Reuben Hannah
and Isabell were returned by the said Wyatt as his share of the
said negroes bequeath him and William Elliott by the said clause of
the said Will and that he continued in the possession of them until
the time of his death, we find that the said Wyatt departed this
life on the     day of    1800 without issued of his body lawfully
begotten and in estate.  We find that after the death of the said
Wyatt administration with the will annexed of the goods in
administrators of the estate of the said Caleb deceased was granted
to the plaintiff who afterwards took possession of the said slaves 
Reuben, Hannah and Isabell and continued possession of them until
the 24th of March 1803 when he hired them to Caleb Elliott the
younger which said Caleb the younger together with the defendant
made and executed their bond for the hire of Reuben Hannah and
Isabell and another slave be the said Plaintiff in the words and
figure following Lewis L10.3.0          to Caleb Elliott L 10.3.0
          Isabell child L 3.0.0         to Caleb Elliott L 3.6.0
          Reuben L 7.10.0               to Caleb Elliott L 7.10.0
          Hannah L 3.1.0                to Caleb Elliott L 3.1.0
                                                       ___________
                                                       L 24.0.0.
Know all men by these present that we Caleb Elliott and William
Elliott both of the County of Caroline are hold and firmly bound
unto Thomas Noell of the County of Essex Administrator of Caleb
Elliott deceased & in the just and full sum of Twenty four pounds
of good and lawful money of Virginia for the hire of four negroes
by the names of Lewis, Reuben, Isabell, Hannah, which negroes is to
be returned on the twenty fifth of December next well cloths we
...ourselves and each of our executors administrators and a figure
in peuabim of forty-eight pounds of like money Witness on hand and
seals this 24th day of March 1803. Signed and sealed int eh present
of Reuben Boulward, Reuben Atkinson, Caleb Elliott (seal) William
Elliott ( seal)
We find that after the execution of the said Bond, the said slaves
Reuben, Hannah, Isabell came into the possession of the defendant
and have ever since been detained by him during which time and
before the institution of this suit the said Isabell has issue
Malinda the other slave in the declaration mentioned and that all
the said slaves have been demanded of the said defendant by the
said plaintiff but not delivered.  We find that the defendant
William Elliott is the same William Elliott in the Will mentioned
in the aforesaid clause thereof if the law of the case by the
plaintiff then we find for him Reuben of the value of L 100 Hannah
of the value of L 60 and Isabell of the value of L 95 and Malinda
of the value of L 20, if so be had, if not, their respective valued
and do assess the plaintiff of damage to $150 but if the Law be for
the defendant we find for the defendant And charge on the matter of
Law arising upon the foregoing Special Verdict found in this cause,
being argued it seems to the Court here, that the Law is for the
defendant. Therefore it is considered by the Court that the
plaintiff take noting by his Bill but for his falser elsewhere be
in Money, and that the defendant go thereof hence without day and
record of the plaintiff his cost by him about his deferred in this
.... expended.
>From which Judgement the plaintiff prayed an was allowed an appeal
to the District Court of Fredericksburg on his paying the tax in
Court.
Appellants Cost $ 18.98
Appellees Costs $ 2.70
Teste John Pendlgrass D.C.C.C.

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