Isle of Wight County Virginia USGenWeb Archives Court.....Gale v. Gale, 1819 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Isle of Wight County Virginia USGenWeb Archives Court Records Alexander GALE et al. vs. Joseph GALE, administrator of Fanny GALE Mar 1818 - 1819 Chancery Suit 1819-001 [archival folder {image 1 of 6}] 1819-001 Chancery Causes : Alexander Gale & al. vs Joseph Gale, admr of Fanny Gale Isle of Wight County other surnames: Pope [bill of complaint {image 2 of 6}] To the worshipful Court of Isle of Wight in Chancery sitting _ Humbly complaining shew unto your worships your complainants Alexander Gale, ["Joseph Gale" struck] Sally Fanny Gale Pope widow of Mills late Sally Gale, ^ and Eley Gale, Patsy Gale, Alexander Gale, Thomas Gale, Nancy and Betsy Gale infant children of Thomas by their next friend Alexander Gale, Gale dec'd: ^ That Fanny Gale the widow of Thomas Gale who was the father of your complainants who are of full age and the Grandfather of your infant complainants died lately possessed of five slaves to wit Gilbert, Rose, Jack, Louisa, and Henley: which were allotted to her as her dower right in the slaves whereof the said Thomas Gale died possessed. That Joseph Gale another son of the said Thomas Gale decd is the admr of said Fanny Gale, and has the said slaves in his possession. That your complaintants and the said Joseph Gale as the children and grandchil= dren of the said Thomas Gale decd and are entitled to said slaves. but so it is advised that the partition cannot be made of said slaves without the aid of the Court In tender consideration whereof and in as much as your complaintants are without remedy save in a Court of Chancery. they pray that the said Joseph Gale as one of the heirs of said Thomas Gale decd and as admr of said Fanny Gale decd may be made defendant hereto and be compelled to answer all and singular the allegations herein contained fully and unevasively. They further pray that the aforesaid slaves should be decreed to be divided among the parties according to their respective rights _ And they pray for General relief &c - [answer {image 3 of 6}] To the worshipful Court of Isle of Wight in Chancery sitting: The answer of Joseph Gale one of the heirs of Thomas Gale decd and admr of Fanny Gale decd to the bill of Complaint exhibited against him by Alexander Gale and others - This Respondants now and at all times saving and reserving to himself all benefit of exception to any errors or imperfections in said bill contained for answer to so much thereof as he is advised is necessary for him to answer answering say: That he believes the statement made by the complainants is correct, and he is willing to submit to such decree as this court may think proper to pronounce in the premises, and having answered he prays to be hence dismissed &c - [rough decree {image 3 of 6}] Gale &other Pltfs } In Chancery - vs } Gale ______ Deft This cause was this day docketed by consent of parties and assent of the Court and was heard on the bill, answer and arguments of Counsel, whereupon and after due consid= =eration thereof had the Court doth adjudge order and decree that John Pope, Richard Pope, and James Hall do divide the slaves. Gilbert Rose, Jack, Louisa & Henley into five equal parts having regard to value_ that they allot one equal fifth part to Alexander Gale, one to Sally Pope, one to Fanny Gale, one to Joseph Gale, and the remaining fifth part to the infant complainants children of Thomas Gale decd who was son of Thos Gale decd and that they make report to this Court in order to a final decree _ [copy of rough decree, pasted to report {image 4 of 6}] Isle of Wight County March court 1818 ~ Alexander Gale, Sally Pope widow of Mills Pope Pope dec'd. } late Sally Gale, Fanny Gale and Eley Gale; Patsey } Gale, Alexander Gale, Thomas Gale, Nancy Gale and } Betsey Gale infant children of Thomas Gale dec'd. by } their next friend Alexander Gale. } Complainants } against } } In Chy. Joseph Gale one of the heirs of Tho. Gale dec'd: & admor } } of Fanny Gale dec'd: } Defendants } This cause was this day docketed by consent of parties and assent of the court, and was heard on the bill, answer and arguments of council, whereupon and after due consideration thereof had the court doth adjudge order and decree that John Pope, Richard Pope, and James Hall do divide the slaves, Gilbert, Rose, Jack, Louisa and Henley, into five equal parts, having regard to Value. That they allot one equal fifth part to Alexander Gale, one to Sally Pope, one to Fanny Gale, one to Joseph Gale, and the remaining fifth part to the infant complainants children of Thomas Gale dec'd who was son of Thomas Gale dec'd: and that they make report thereof to the Court in order to a final decree __ A Copy Teste, Nathl. Young Cl _______________ In Obediance to the annext order Baring date March Cort 1818 to us directed have proceeded to divide the above mentioned Slaves and have alloted one Equal fifth Part to Allaxandriew Gale one to Sally Pope one to Fanny gale one to Josephf gale and the Remaining fifth part to the Infants Children of Thomas gale decd. Who was Son of Thomas Gale decd. and to make this Devition Equal we have agreed that Allaxandriew gale Pay to the Heirs of Thomas Gale decd. Seventy Dollars and that The Said Allaxandriew gale pay to Josephf Gale one hundred and twenty Dollars and also pay forty Dollars to Sally Pope and Fanny gale pay to Sally Pope thirty Dollars in order to a finial Decree ________________________________________________ given Under our hands and Seals this 21 day of January 1818 John Pope, Seneor ĪSealĪ James Hall ĪSealĪ [docketing {image 6 of 6}] Gale } } Copy Decree vs } Gale } [case end] Isle of Wight Co., VA, Chancery Court Records, Case 1819-001. Library of Virginia (LVA), Richmond, VA Virginia Memory (digital collections) https://www.lva.virginia.gov/chancery/case_detail.asp?CFN=093-1819-001 Additional information: Fanny GALE sued her mother Frances GALE, administratrix of Thomas GALE [III], and her siblings - Alexander, Thomas [IV], Sally & Joseph - in 1801. See Chancery case 1802-016; file at: http://files.usgwarchives.net/va/isleofwight/obits/1802_016.txt Frances GALE, administratrix of Thomas GALE [III], sued Mills LAWRENCE, executor of former sheriff John LAWRENCE, in 1803, to stay a judgement against the estate, for taxes, alleged uncollected, ca. 1782-84. See Chancery case 1816-018; file at: http://files.usgwarchives.net/va/isleofwight/obits/1816_018.txt Alexander GALE [Sr.] died between Feb & Nov 1819. See Chancery case 1820-048, HALL et al. v. GALE et al.; file at: http://files.usgwarchives.net/va/isleofwight/obits/1820_048.txt Thomas GALE [I] left will 15 Nov 1732, proved 26 Feb 1732/3, mentioning wife Alice, son Thomas [II], and daughters Mary BRYANT, Elizabeth, Tabitha & Alice ELEY. (Isle of Wight Co. WB3:331-32); file at: http://files.usgwarchives.net/va/isleofwight/wills/willbk03.txt His widow Alice took inventory of the estate 22 Mar 1732/3, proved 26 Mar 1732/3 (Isle of Wight Co. WB3:335-36); file at: http://files.usgwarchives.net/va/isleofwight/wills/galeii9gwl.txt Their son Thomas Jr. [II] was named a justice in 1732, and was sheriff 1734-35. (Helen Haverty King, et al. "Historical Notes on Isle of Wight County, Virginia." Isle of Wight, Board of Supervisors, 1993. pp. 31-32) Thomas [II] had two children by his first wife - Jethro & Molly. He 2m. a daughter of John MARSHALL, Sr., whose 1760 will mentioned grandchildren Thomas, Ann, Elizabeth, Tabitha & Alice GALE. (WB7:433) Thomas GALE [II] left will 1 Jan 1760, proved 7 Feb 1760. (Isle of Wight Co. WB6:530) Contributed for use in the USGenWeb Archives by File Manager Matt Harris (zoobug64@aol.com). file at: http://files.usgwarchives.net/va/isleofwight/obits/1819_001.txt