Henrico County, VA - Chancery Court Record: Eppes vs. Executor of John Carter (Jr.) Submitted for use in the USGenWeb Archives by: ************************************************************************ 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 ************************************************************************ The following transcription was very difficult to read, hence the blanks, sics, etc. But the gist of the case is apparent. Linda Parke Chancery Court Records Henrico County, Case #1807-016 Elizabeth Eppes, etc., John Eppes vs. Executor of John Carter (Jr.) THE BILL To the Worshipful County Court of Henrico Chancery sitting. Herewith unto your worships, your orators and oratrines (sic), Jno. Eppes and Elizabeth his wife and Pleasant Smithey and Polley his wife, which said Elizabeth and Polly are relatives of, and devisees of the Estates of Jno. Carter, and Ann Carter late of the County of Henrico, deceased. That the said Jno. Carter and Ann Carter have both departed this life, having first made and published their last wills and testaments and their appurtenences (line here is unreadable) Jno. Carter in the County of New Kent, their Executor, who hath taken upon himself, the burden of the respective Testaments and hath also reduced and taken into possession a considerable personal estate, a great part of which consists in negroes. That the said Jno. and Ann Carter left (the word "left" was crossed out) negroes besides the said personal estate devised at the time of their death, all aforesaid negroes and property in fee, of lands which with the whole of the personal estate (after payment of debts) was devised to the aforesaid Eliz. and Polly the wives of the said compl(ainan)ts. That the each halfe (sic) of the said land is equal to and worth more than $500.00. That the Po.(?) Jno. Carter the Executor hath frequently been applied to for the purpose of settling his executorship account upon the said estates, and allotting to the complainants, respectively in right of their wives, their equal possession of the said land, negroes & estate, which the said executor is unwilling to do. Now the orators and oratrines have been informed but have delayed the execution of it, and now finally refuses unless by decree of this Court. To that end therefore the said Jno. Carter may be made ____________ such that he may be compelled to settle before the commissioners to be (appo)inted by this court his Executorship account upon the said estate. That the lands and the whole of the personal estate of the said Jno. Carter, dec'd may be by the same commissioners allotted and divided between the complainants in right of their wives, or that your worships will grant such other further relief as your worships may deem most proper and they will ever pray thee. THE ANSWER The answer of Jno. Carter, executor of Jno. and Mary (sic) Carter, late of the county of Henrico, deceased, _____________________ in the Court of said County by Jno. Eppes and others --- This defendant ______________ ______________ just ___________ and says that he admits the facts as stated in the complainants bill to be substantially true --- That he is perfectly willing and ready, to settle before commissioners to be appointed by this monthly Court his executorship account upon the Estate of the said Jno. and Polly (?), and that the lands and personal Estate should be divided between the complainants in the manner asked for by the Bill and he prays to be hence indemnified _____________. Atto. of Def(endant) Courts Decision In Henrico County - December 8, 1807 John Eppes and Elizabeth, his wife, and Pleasant Smithey and Polly his wife, which said Elizabeth and Polly are relatives of, and devisees of the estates of, John and Ann Carter, Dec'd. complainants against John Carter, executor of the last wills & testaments of John Carter and Ann Carter deceased defendant. This cause came on this day, by consent of the parties, to be heard on the bill and answer, and was argued by counsel; On consideration whereof, It is decreed and ordered, that Anslemn Garthright, James Binford, John Faris and George Savage, or any three of them, do examine, state and settle the defendants account of his executorship on the estates of his testators; and that the same commissioners or any three of them, do divide the lands and personal estates of the said testators, equally between the complainants John and Pleasant, in right of their wives; and that their said accounts and division, under their hand to the Court in order to a final decree. a copy test. Adam Craiglelk? ESTATE ACCOUNT BY COMMISSIONERS To amot. bro. over L41 11 4 Paid Pleas. Smithe his amt. against the estate of Ann Carter L12 12 7 Paid Sarah Carter's amt. against the Estate of John Carter _______ in fas.(?) Jno. Carter L12 18 Paid John Eppes his amt. against Estate of Ann Carter L02 7 Paid Susannah Buttler amt. against the Estate of Ann Carter L 9 L69 17 11 Paid Anselm Garthrights amt. L 08____ L70 05 11 Commissioners L09 05 42 Commissioners expenses this day 15 Amt. John Eppes purchased at the sale L14 01 52 Amt. of what Polley P. Carter purchased at the sale L 14 01 52 Amt. paid John Eppes in Bonds L 15 04 03 Amt. paid Pleasant Smithe in Bonds L 16 17 03 L100 05 62 Balance due John Epps - L8 8 7 Do. Pleasant Smithe L7 9 8 L 15 09 03 L155 14 92 Agreeable to the annexed order of the Court we the undersigned have examined the Executorship amt. of John Carter, dec'd. & Ann Carter, dec'd. and find the amt. as above stated leaving a balance due to John Eppes one of the legatees eight pounds and eight shillings. Likewise we have allotted out to Pleasant Smithe the other legatee seven pounds eight pence - Likewise we have allotted out the negroes and divided them as follows to John Eppes: Anderson, Amey, Haney, Elvira, Will, Charlotte and Lucy in all seven amounting to three hundred and ninety five pounds and to Pleasant Smithe the other legatee: Ben, Dart?ness?, Claiborne, Dilce, Dick, & the Cyrene in all six amounting to three hundred and sixty-five pounds wherefore the last _______ is to receive from the first fifteen pounds, all the remaining part of the property unsold divided equally by the two legatees acknowledged by them before us. Signed Anselm Garthright, John Faris, James Binford Do. The Estates of John Carter & Ann Carter To Betsey Carters legacy devised to her by her father paid to John Eppes, her husband as follows - One negro girl by the name of Milly One feather bed & furniture One horse & saddle To Polley Carter legacy devised to her by her father paid to Pleasant Smithe her husband as follows - Two negroes one named Moses the other named Claira One feather bed & furniture One horse & saddle Paid John Eppes his wife's legacy devised to her by her mother as follows - One pair white counter(?)pins(?) Paid Pleasant Smithe his wife Polley P. legacy devised to her by her mother as follows - One sorrel mare & colt One cow & her calf One pair red steers the pair sheets One pair counter(?)pins(?) One pair of new flannel blankets Riding chair & harness All her window curtains Cash 50 L15 0 0 Paid John Eppes guardian of Temple Eppes his son the legacy devised to said Temple Eppes by his grandmother Ann Carter One gray horse Cash 50 L15 0 0 Paid Salley Carter her legacy of corn, wheat, bacon & beef devised to her by her sister Ann Carter Paid Pleasant Smithe his wifes Polleys legacy of corn, wheat, bacon & beef devised her by her mother Ann Carter L30 0 0 To Amt. brought forward L30 0 0 Paid D___? Christian his amt L02 04 0 Paid D___? Faris his amt. L 03 02 6 John Carter his amt. L02 04 10 Lawyers fee for friendly (?) suit in Chancery Court L03 0 0 Paid Jonathan Brackett his amount L00 8 0 do. Saml. Cunningham for his services keeping amt. sales L00 12 0 Amt. carried over L41 11 42