Goochland County Virginia USGenWeb Archives Court.....Charles Woodson & Wife, VS Josiah Leak, Exor. 1800 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Richard Cottrell rjc@web-access.net March 22, 2008, 1:48 am Source: Chancery Court Case - 1800-006 - Goochland Co., Va Written: 1800 Chancery Court Records Locality: Goochland County - Index Number: 1800-006 P1 Charles Woodson & Wife vs D1 Exr of Josiah Leak Surnames: Cook, Cooke, Cottrell, Fenton, Humber, Leak, Leake, Woodson Publisher: Library of Virginia, Richmond, Virginia The Deposition of Benjamin Cottrell of Lawfull age & Lucy Cottrell his Wife, taken in a Suit in Chancery in the County Court of Goochland, Charles Woodson & Judith his Wife Complts and Josiah Leak Deft. these Deponants being duly Sworn on the Holy Evangalist of Almighty God Deposeth and sayeth that Thomas Fenton Deceased in his last Will Directed after Sundrie Devises, that the Remainder of his Estate should be sold and one third of such sales to be equally Divided between his Daughter Sarah Cook, & the Children of his Daughter Ann Leak Decd & that at the day of the sale the said Josiah Leak Father of said Children, purchased a Negroe Woman by the name of Jude or in other words he Directed the purchase through his Daughter Lucy, one of those Children before mentioned as Legatees; The purchase money for said Jude over went the Devise to said Children, but he the said Josiah Leak then present at the sale expected that altho the sale was over the Claim of his Daughters upon said Estate, yet he would pay the surplus and equally Divide said Jude & between his said two Children Lucy & Judith when they came of age or required it & that was his intention in purchasing as he expressed it one these Deponents towit; Benjamin Cottrell further says that he has heard Josiah Leak say words to the same effect and meaning as is contained in the foregoing part of this deposition, which was as late as the year one thousand Seven hundred and eighty three or four as well as he recollects, that this conversation happened & further they say not. Benjamin Cottrell Lucy Cottrell Cumberland County: The above Deposition was Sworn to before me a Justice for said County at the Clerks Office for the County aforesaid on the 13th day of Feb. 1795 present Charles Woodson apartie & plaintif in said Suit & Frederick Jones attorney for said Josiah Leak who consented to the make and time of taking this said Deposition with a release to each other in any error for want of form & 13th day of Feb. 1795 } John Woodson The Affidavit of Elizabeth Humber of Lawful age taken this 20th day of March 1798 at the house of Tho. F. Bates in a suit in chancery depending in the County Court of Goochland Charles Woodson & Wife against Josiah Leak Exor. of Josiah Leak Decd. who being first Sworn on the holy Evangilist deposeth & saith - That the marriage of the complaintants as well as she recollects took place in the fall of the year 1780 = that at the time they received old Phillis which was in or about the year 1782 she this deponent from the knowledge she had of her would not have accepted her as a gift = That the woman Judy spoken of as purchased at the sale of the estate of Thomas Fenton as this deponent is informed Cost seventy odd pounds that she had had two children Lucy the one given by Mr. Fenton to Judith Leak = another whom name is not recollected & lost one before the birth of the boy James = that the had the children James, Amy, Jack & Isaac & she thinks Jenny previous to the time that Phillis was delivered to the complainants & was then as valuable as most any wench she knew = & further saith that she has been informed by some one of the family of the Decedent that the girl Amy said to be given to the complainants was carried up to there house & then left by Lucy Jones then Lucy Leak Daughter of the Decedent without any previous knowledge of the complainant of any intention to send her up. Elizabeth Humber Goochd. Se. The above was sworn to in due form & taken in the presence of the complainant Charles Woodson only party - John Humber making oath that time & place was mutually agrd. on by the complainant Charles & the deft - Given under my hand this 20th Mar. 1798 at the time & place above mentioned = Thomas F. Bates Charles Woodson & wife ..........................Plfts vs ....................................................................} Chy Josiah Leake Exor of Josiah Leake Decd. Defts The complainants do except to the report of the Commissioners in this case allowing them nothing because by the Bill answer & exhibits filed the Pltfs calmes to something & particularly for the previous & reaimable value of Sundry negroes for several years used by the Defendents Executor were apparent & ought to have been allowed - & for other apparent just debits in their claim rejected, whereupon they pray the court will reject the report & will themselves examine unto the propricty of their claims & (word crossed out) the evidence does support an acknowledgement of the tesator of the Deft. of having sundry negroe slaves to divide long since the date of the pretended receipt in full - wherefore the Pltfs pray the court will consider of the propricty of their present clame & will make with dicus or shall be conconant to the miuts of their clame - They shall ever prove Woodson & wife vs } Exception Leake Exor In Goochland county court March the 20th 1800 Charles Woodson & Judith his wife Plts agt........................................................} In Chancery Josiah Leake Extr. of Josiah Leak deft On the motion of the Plts by their altos, Ordered that George Richardson, Archibald Bryce Senr, Archibald Bryce jr and Archelaus Perkins or any two of them be and they are hereby appointed Commissioners to state, audit and settle the accounts between the parties, one month notice of the time and place of settlement being given and report the same to this court when settled. Teste W. Miller CGc Woodson & Wife. vs } Cop. Order Leak's Exor. Saturday after Goochland June Court meet all Wm Georges Tavern. - nothin to be given The Deposition of Walter Leake taken at Goochland Court house in a suit in Chancery depending in the Worshipfull Court of Goochland County Charles Woodson & wife Complts against Josiah Leake Executor of Josiah Leak decd Defts being first sworn on the Holy Evangilist of Almighty Deposeth & saith - (1.) Quest. by Deft. Was there any other Children born the Negro Woman Jude besides James & Amy at the time of the Division was made of the sd. Woman & Children by Josiah Leake decd delivered his two Daughters Judith & Lucy. Ans? I don't recollect that there was more or not. 2. Ques. by Deft. Did you not always understand from Josiah Leake decd that the Complt & Wife recd the Girl Amy & old Phillis as these parts of sd Negroes & in full for (Amends) against the Estate of Mr. Fenton that was in the hand of Josiah Leake. Ans? I think I have heard Josiah Leake frequently say so, L know that the sd. Woodson has the Negros it was understood so by myself & Family & heard my Father say that he has Capt Woodson (????) for the same. 3. Ques. by Deft. Do you know what property Josiah Leake decd gave the Complt & Wife Ans? They had a wench by name Suchin (who has since had a number of Children) & Chancy, Allen to in 2d Question by the Deft. also a Negro Woman Charlotte who died in possession of the Complts. & has heard Josiah Leake decd say that the Complt has refused to give her up after keeping her a number of years, that the Complt has a bed & I think some Furniture, & two Cows given him by the Exr Josiah Leak decd. 4. Quest. by Deft. Do you not believe that Josiah Leake decd gave the Complt more personal property, then any the rest of his children. Ans? I always thought he had as much if not more. 5. Quest. by Deft. Did not the Negro Boy Jack the child of Jude, Die when an infant. Ans? yes he was about 2 years old. 6. Quest. by Deft. Who had the Negro Woman Jude & her Children in possesion at this time. Ans? Fred. Jones & has ever since the Death of Josiah Leake decd. there being none of them in possesion of Jos. Leake Exr. 1. Quest. by Complt. have not you always heard in your Fathers family that Jude & her Increase were to be Divided between your two Sisters Lucy Jones & the wife of the Complt. Ans? There was no other except the one that had taken place. 2. Quest. by Complt. When after Division did I marry your Sister. Ans? I don't remember. 3. Quest. by Complt. when did the Division of Negroes as Stated in the Amd. take place. Ans? I cannot ascertain the time. 4. Quest. by Complt What is the age of the Boy James. Ans? I believe to be about five (?) & Twenty years old. 5. Quest. by Complt. Has not Phillis been affected with the Rheumatism for several years before the Division & that unknown to me. Ans? I don't remember any thing about it. 6. Quest. by Complt. What do you suppose or that time she was worth. Ans? Twenty five or thirty pounds. 7. Quest. by Complt. What was the age & Value of Such at the time I recd her. Ans? Fifteen or Sixteen years old & the age of Charlotte was 9 or 10 years old. 8. Quest. by Complt. Has not Fred. Jones a Deed of Gift or Bill of Sale from your Father, for Jude, James, Jane & Isaac. Ans? I suppose I have heard of such a thing. 9. Quest. by Complt. What was the amount of the rest of Fentons estate to be Divided under the will. Ans? I know nothing about ___________. 10. Quest. by Complt. Name all the property which you recollect to have been given me & wife by your Father Independent of what we were Intitled to under the will of Tho. Fenton. Ans? the same as in 3d by Deft. 11. Quest. by Complt. What property has Fred. Jones & wife recd out of the Estate of your Father. Ans? Esther Lewis of Value L50. Who was Subject to pay L20. & Nancy (the two latter the Children of Esther) 1 Cow. 1 Mare, 1 Bed & I suppose Furniture (?). Quest. by Deft. Do you not know that Josiah Leake decd having sold Phillis the property of his Daughter Lucy & that he gave her (?) Negro, in consequence of such Sale then he otherwise would have done. Ans. yes 12. Quest. by Complt. Do you know What I gave for the Negro Woman Phillis. Ans. I cannot say Certain, but it was to satisfy Capt. Woodson for his part of the Legacy left by Mr. Fenton to his wife. 13. Quest. by Complt. How old are you. Ans? from the register that was rendered me by my Father I am now in my Thirtieth year. Walter Leak Goochland Se. I do hereby certify that Walter Leake was sworn on his Voir dire, before being sworn to, to this Deposition, declaring de did not believe himself Interested in this Suit, & then after in Chief. This 23d May 1798. by Consent of the parties' the Depo. was taken before me. S Pryor Actual Images of Chancery Case: http://www.cottrellweb.com/documents/woodson-leak1.jpg http://www.cottrellweb.com/documents/woodson-leak2.jpg http://www.cottrellweb.com/documents/woodson-leak3.jpg http://www.cottrellweb.com/documents/woodson-leak4.jpg http://www.cottrellweb.com/documents/woodson-leak5.jpg http://www.cottrellweb.com/documents/woodson-leak6.jpg http://www.cottrellweb.com/documents/woodson-leak7.jpg http://www.cottrellweb.com/documents/woodson-leak8.jpg http://www.cottrellweb.com/documents/woodson-leak9.jpg http://www.cottrellweb.com/documents/woodson-leak10.jpg http://www.cottrellweb.com/documents/woodson-leak11.jpg Transcription and Images by Richard Cottrell Additional Comments: No page numbers were given on the papers in this Chancery Court Case. File at: http://files.usgwarchives.net/va/goochland/court/charlesw385gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 11.9 Kb