Isle of Wight County Virginia USGenWeb Archives Court.....Gale v. Gale, 1826 ************************************************ 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., by Buxton W. GALE, vs. Eley GALE 2 Jan 1820 - Jan 1826 Chancery Suit 1826-024 [archival folder {image 1 of 8}] 1826-024 Chancery Causes : Alexander Gale & al., by &c vs Eley Gale Isle of Wight County [docketing {image 2 of 8}] Gale } In Chancery vs. } Bill & an- Gale } swer __ ŻŻ January 2d. 1820 Bill and Ansr. filed and Interly. Decree __ ŻŻ [bill of complaint (1 of 2) {image 5 of 8}] To the Worshipful the court of Isle of Wight County in Chancery sitting. - Humbly complaining sheweth unto and Oratrixes Worships, your Orators ^ Alexander Gale ["and" struck] Thomas Gale, ["and your Oratrixes" struck] Betsey Gale, and Nancy Gale, infant children of Thomas Gale deceased, late of the county Isle of Wight, by Buxton W. Gale. their next friend, - That the said their ["said" struck] father ^ Thomas Gale deceased de- parted this life sometime about the day of intestate, being seized and possessed at the time of his death of a small or parcel tract ^ of land estimated to contain about forty acres and bounded by the lands of John Babb and Elisha Everitt _ _ _ _ _ that the said Thomas Gale deceased left no widow heir and no other ["child" struck] ^ except a brother of your complainants, Eley Gale, who has possessed himself ^ of the said ["tract of that the said land is" struck] or parcel ["of small value" struck] tract ^ of land, which is of no great value being estimated to be worth about fifty dollars and cannot be conve- niently divided. _ Your orators and Oratrix- es believing that a sale or division of or parcel said tract ^ of land will be to their interest, have applied to the said Eley Gale for a di- vision of the same. _ But now so it is may it please your Worships that the said Eley Gale herein after called Defendant while [page break] [bill of complaint (2 of 2) {image 4 of 8}] while he has no objection to make a sale or division according to law, yet refuseds an account of the infancy of your complai_ nants. All of which conduct on the part of the said Defendant is contrary to equity & good conscience. _ In tender considerati_ on whereof, and for as much as your Orators and Oratrixes, Alexander, Thomas, Betsey and Nancy Gale by their next friend are without remedy at law, and can only be relieved in this worshipful court where matters of this sort are only cognizable and justice duly administered; - To this end there fore, they pray that the said Defendant may on his oath answer the premises, as fully and distinctly as if the same were again repeated, and be thereto especially inter- rogated; - And that by a decre of this Wor- shipful court the said Defendant may be compelled to make division of the said tract or parcel of land by a commissioner appointed ["for that purpose" struck] to make a sale of the same and divide the proceeds as the law directs. _ And may it please your Worships to grant such other and further relief in the premises as may be consistent with the rules and principles of this court; and to award all such process as may be necessary and proper in the premises &c. A: Smith attr. for the } B.W. Gale Plaintiffs - } [answer {image 3 of 8}] The answer of Eley Gale to a bill ex- hibited against him in the Worshipful court of Isle of Wight County, by Alexander Gale and others Plaintiffs' by Buxton W. Gale their next friend. - This respondant now and at all times hereafter saving and reserving to himself all benefit of exceptions to the allegations of the Plaintiffs' bill, for answer thereto, saith, that admits so far as he is at pre- sent advised that he hath no objection to any decree, which this worshipful court may think proper to make in the premises; and having thus answered prays to be dismissed with his reason- able costs in this behalf expended &c. his Eley X Gale mark [rough decree {image 6 of 8}] This cause came on this day to be heard on the bill and answers, and was argued by by counsel; on consideration whereof the court doth adjudge order and decree: That Joseph B. Whitehead a commis- sioner appointed by the court for that pur- pose, after giving ten days notice at some public place, do expose to pub- lic sale to the highest bidder, at the Court House on a court day, of the tract or par- cel of land in the said bill mentioned on a credit of six months, except for so much of the purchase money as may be necessary to defray the expenses of the sale and the costs and charges of this suit; and that the said commissioner take five equal bonds for the proceeds of the sale after deducting the necessary ex- penses costs and charges as aforesaid, and assign over to one of the guardian infant of each of the ^ complainants and one to the Defendant in this suit make report of his proceedings in this case in order to a final decree [docketing {image 7 of 8}] Gale and others } vs: } Inter: Decree } Gale } ___ ŻŻŻ [copy of interlocutory decree {image 8 of 8}] In Isle of Wight County January Court. 1826 ~ Alexander Gale, Thomas Gale, Betsey Gale and } Nancy Gale, infant children of Thomas Gale dec'd} by Buxton W. Gale their next friend. } Complainants } against } In Chancery ~ } Eley Gale Defendant This cause came on this day to be heard upon the bill and answers; and was argued by Counsel : On consideration whereof the Court doth adjudge, order and decree that Joseph B. Whitehead a Commissioner appointed by the Court for that purpose, after giving ten days notice, do expose to public sale to the highest bidder at the courthouse on a Court day of the tract or parcel of land in the said bill mentioned on a credit of six months, except for so much of the purchase money as may be necessary to defray the ex- penses of the sale and the costs and charges of this suit, And that the said Commis- sioner take five equal bonds for the proceeds of the sale after deducting the necessary expenses, costs and charges as aforesaid, and assign over to one of the Guardians of each of the Complainants, and one to the Defendant, and make report thereof to the Court, in order to a final decree ~ A Copy Teste Nathl. Young Cl Bill of Costs ____________ Atto.s fee $10.00 Clks " - 4.00 ŻŻŻŻŻŻ $14.00 ŻŻŻŻŻŻ [case end] Isle of Wight Co., VA, Chancery Court Records, Case 1826-024. Library of Virginia (LVA), Richmond, VA Virginia Memory (digital collections) https://www.lva.virginia.gov/chancery/case_detail.asp?CFN=093-1826-024 Additional information: These siblings, children of Thomas [IV] & Patsy (GALE) GALE {m. 12 Apr 1795}, were infant defendants in a suit brought by some cousins, styled George HALL et al. vs. Patsy GALE, administratrix of Thomas GALE et al., involving their uncle Alexander GALE [Sr.], administrator of his aunt Elizabeth GALE until his death in 1819, after which Andrew WOODLEY was named administrator de bonis non. See Chancery case 1820-048; file at: http://files.usgwarchives.net/va/isleofwight/obits/1820_048.txt Eley GALE joined his siblings in a suit against Andrew WOODLEY, sheriff & administrator of Thomas GALE, also heard at January Court 1826. Joseph B. WHITEHEAD was also appointed commissioner in that case, and his report combines the sums due to the heirs. See Chancery case 1827-015; file at: http://files.usgwarchives.net/va/isleofwight/obits/1827_015.txt 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/1826_024.txt