Fairfax County, VA; Scott vs Foote, et al, 1838-1845 Submitted for use in the USGenWeb Archives by: Gwen J. Hurst ************************************************************************ 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 *********************************************************************** _______________ Scott vs. Foote et al. Fairfax County, Virginia Chancery Cff.88A, file 2 of 7, 1838-1845, pages 5-9. _________________ Your oratrix states that John Scott deceased was a native of Scotland, & at this death left three children, David Wilson Scott, Richard Marshall Scott, the testator, & a daughter named Anna. That, according to the papers & memorandums left by the said John Scott, he emigrated to this Country about the year 1753, bringing with him a cargo of dry goods in order to carry on the business of a merchant. The estate which he obtained from his Father was not large - he sold it as soon as he arrived at the age of twenty one years for no more than purchased a store of goods. He settled with his store at a place called “Allens Fresh,” in Charles County in the State of Maryland. Being a many of easy temper & perfectly unsuspicious & credulous, he met with many who were ready to take advantage of Such a disposition. He was greatly imposed upon &, consequently, after conducting his business for six or seven years he failed & became bankrupt about the year 1759. After this he went to Scotland in order to obtain assistance & aid from his friends, but in this effort he failed, & he returned to Maryland where he had left his wife with her mother Mrs. Marshall, as destitute as when he left Maryland for Scotland. During his absence, his wife had, by the aid of her friends, acquired a few negroes & a small portion of other property with which by renting land & cultivating it they were able to obtain subsistence. At the time he had no children - at a subsequent period he had three children, David Wilson, born in the year 1764, Richard Marshall, born in 1769, & Anna born in 1772. The said John Scott & family continued to reside in Maryland on a small rented farm (not owning any Land) for which he paid at no time more than one thousand & fifty pounds of Tobacco & Cask. that his taxes on his property of all sorts at no time exceeded four pounds four shillings & six-pence, Maryland currency - as an evidence of this among several old receipts found among his papers your oratrix here annexed a receipt for taxes in the year 1778, given of Thomas Latimer, Deputy sheriff of Charles County which receipt is as follows. “Received, 27th of July 1778, of Mr. John Scott Four pounds, five shillings & four-pence currency, for his assessments, county Levy & old balance” signed Thomas Latimer, Deputy. Your oratrix also herein copies a receipt from Hoskins Hanson, his Landlord, shewing, not only the amount of rent he had to pay, but his not being able to be punctual in paying the small amounts he had agreed to pay. Which receipt is as follows: “December 30th 1776. Received of Mr. John Scott 1010 lbs. of Tobacco for rent for the year 1776, he owing me at this time for rent for the year following 1046 nt. of crop Tobacco” signed Hoskins Hanson. The receipt shews the amount of rent & quantity of Land cultivated by the said John Scott while he lived in Maryland. Your oratrix further states that the said John Scott continued to reside in the State of Maryland on rented land until the year 1780, when he with his family removed to the state of Virginia & settled in Fairfax County a few miles from Colchester on lands rented from Alexander Henderson for a term of years. Your oratrix, in addition to the preceding circumstances shewing the reduced means of the said John Scott & of need of aid from his friends, annexed a letter from his son Richard M. Scott dated the 9th of April 1785, & is number six (6). She refers to it because it shews that his son considered him in need of assistance, & also to shew that among the negroes he had a servant named Sam, who is mentioned in the letter. Your oratrix has found among the papers of the said John Scott, which were in possession of her testator, two accounts & receipts of the sheriff of Fairfax County - the one for the year 1789, amounting to £3.19.2. This appears to have been paid by his son David Wilson Scott - & the other for the year 1790. by this account the tax for the year 1789 was but £1.17, & for parish levies 168 pounds of Tobacco. the rest of the bill consists of balances due for the year 1788, & also the receipt of John Moore for the year 1790. These your oratrix hereunto annexes, all being numbered 7. On the 1st of January in the year 1791, the Testator of your oratrix for the first time in his life became the owner of real estate which is the place called Farmington, then in the Cty. of Loudoun, but now in the County of Fairfax, to which he removed his Father, Mother & Sister Anna, where they continued to live free of rent until their respective deaths. That while being there it appears the said John Scott was for the year 1791 or 1792 assessed with not more than five slaves, as the Assessor’s Books for the County will shew - & is also shewn by an account of his taxes dated 12th of Oct. 1791, by John Moore, Deputy. Sheriff of Fairfax, which is hereunto annexed numbered 8. Your oratrix further sheweth that the said John Scott departed this life in the year 1792 at Farmington, the property of his son, her testator. That he left no will & but little personal property & not more than five slaves which appear to have been acquired in no other way than as before stated - in the year 1759 by means of the efforts of his wife during his visit to Scotland after his failure & bankruptcy as a merchant. No on administered upon his estate. He left a widow who died in the year 1795 - she left no property. From the year 1791 till the death of the said John Scott & of his wife they had been maintained & supported in comfort & care by their son Richard M. Scott. He charged them no rent, nor demanded payment of anything he furnished for their use which he did. It is here annexed an account against his father of [illegible] cheerfully & liberally {illegible] all persons he had business at his [illegible]. A copy of the account marked C is annexed. If the slaves which were acquired in the year 1759 were the same he had in 1791, the time of his death, and which your oratrix believes were the Same, they could not in the year 1759 be of any material use if younger than twelve years & if of that age in 1759, they were in 1792 not younger than forty five years. It is not presumable that all were females capable of breeding at the time of his death. That at least one of them was a man appears by the letter of Richard m. Scott to his father, dated in April 1785, herein before referred to. By the Assessors Books in the County of Fairfax in the years 1791 & 1792, he had but five slaves assessed to him some of whom there is no doubt were males, such being more useful on a farm than females. As distributees of his personal estate he left three children - two sons, & a daughter, the intestate of the Deft. Wm. H. Foote. The said John Scott died intestate - no one has administered on his estate - his distributees were his two sons & daughter Anna. They, of course, had each a right to an undivided third part of the slaves left by John Scott, subject to the dower right of his wife until her death, which took place in the year 1795. The legal title after John Scott’s death was not vested in any person; & if there was any division of his personal estate between his distributees it must have been a private one not reduced to writing & recorded - without proof of such actual division Anna Scott’s interest in her Father’s slaves was an undivided equitable one. If this be so, your oratrix is advised & she submits the question to the court whether the administrator of Anna Scott can claim any specific slave or slaves & the descendant of such separate from the other slaves & the descendant of such other slaves & whether he ought not to have brought his suit in equity & obtained by a decree of the Court of equity & actual & legal division of the personal property of John Scott. Your orator further states - if the private division between Anna Scott & her two brothers is such a one as to rest in her the legal title to one third of the negroes & other personal estate of her Father, John Scott, after the death of her mother, & of, course a legal title in her administrator, then it follows that a similar kind of division of Anna Scotts one thirds between David W. Scott & his brother Richard M. Scott, after the death of the said Anna, which took place in the year 1821, will be equally valid & rest in each of them a legal & absolute title to one moiety of the negroes she may have left.