Isle of Wight County Virginia USGenWeb Archives Court.....Gale v. Woodley, 1827 ************************************************ 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 Eley GALE et al., vs. Andrew WOODLEY, administrator of Thomas GALE 2 Jan 1826 - 2 Apr 1827 Chancery Suit 1827-015 [archival folder {image 1 of 15}] 1827-015 Chancery Causes : Eley Gale & al. vs Andrew Woodley, admr of Thomas Gale Isle of Wight County [docketing {image 2 of 15}] Gale &c.} } vs. } Bill & ansr. } Gale Admor: __ ¯¯ January 2d. 1826 Bill & Answer filed and Interly. Decree __ ¯¯ [inverted; on opposite fold] Gale } In Chancery vs. } Bill & an- Gales admr. } swer [bill of complaint (1 of 3) {image 4 of 15}] To the Worshipful the court of Isle of Wight county in Chancery sitting. - Humbly complaining sheweth unto Worships, your Orator Eley Gale son of Tho- mas Gale deceased, late of the county Isle of Wight, and your Orators and Oratrixes Alexander Gale, Thomas Gale, Nancy Gale, and Betsey said Gale, infant children of the ^ ["late" struck] Thomas Gale deceased, by Buxton W. Gale their next friend, - That said Thomas Gale deceased died sometime about the day of intestate being possessed at the time of his death of two negroe slave to wit Si- mon and Gilbert and of other person- al property of no very great value; that no person having applied for the admini- stration of the goods and chattels of the said intestate, administration thereof was com- mitted according to law to Andrew Woodley the sheriff of this county who possessed him self of the said slaves and other personal pro- perty. Your Orators and Oratrixes believe & indeed understand from the said Andrew Woodley that the said Thomas Gale deceased was but little indebted at the time of his death, and that by the sale of the perishable personal pro- perty of his estate all debts against it have been long since paid off; and believing that a division of the slaves belonging to the estate of the said intestate, will be to the inter- est of your Orators and Oratrixes, they have appli- ed [page break] [bill of complaint (2 of 3) {image 3 of 15}] ed to the said Andrew Woodley for a division of the same as the law directs. __ But now so it is may it please your Worships that the said Andrew Woodley herein after called Defendant, while he has no objection to come to a sttlement of his administration and to make such a divi- sion as is directed by law, yet refuses an ac- count of the infancy of the children of his said intestate. All which conduct on the part of the said Defendant is contrary to equi- ty and good conscience. _ In tender conside- ration whereof, and for as much as your Ora- tor Eley Gale, and your Orators and Oratrixes Alexander, Thomas, Betsey, and Nancy Gale, by their said next friend, are without remedy at law, and can only be relieved in this wor- shipful court, where matters of this sort are only cognizable and justice duly administer- ed; To this end therefore 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 interrogated; and that by a decre of this worshipful court the said Defendant may be compelled settle his administration account and to make, by sale or otherwise, such a division of the said slaves by a com- missioner appointed for that purpose as the law directs. _ And may it please your Wor- ships to grant all such other and further re- lief in the premises as may be consisten tent with the rules and principles of this court, and to award all such process as [page break] [bill of complaint (3 of 3) & answer {image 3 of 15}] as may be necessary and proper in the premises &c. &c. __ his A: Smith attr. for the } Eley + Gale Plaintiffs } mark B.W. Gale [answer] The answer of Andrew Woodley sheriff to whom was committed the administration of the estate of Thomas Gale deceased to a bill exhibited against him in the Worshipful County court of Isle of Wight ^ by Eley Gale and others Plaintiffs.- 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 present advi- sed, that the allegations of the bill are true and that he hath no objection to any decree which this worshipful court may think proper to make in the premises; and ha- ving thus answered prays to be dismis- sed with his reasonable costs in this be- half expended &c. __ Andw. Woodley Shff & adm'or Thos. Gale decd. [copy of interlocutory decree {image 6 of 15}] In Isle of Wight County, January Court 1826 ~ Eley Gale, Alexander Gale, Thomas Gale, Betsey } Gale and Nancy Gale~ the four latter infants } suing by Buxton W. Gale their next friend } Complainants } against } In Chancery ~ } Andrew Woodley Sheriff, and administrator } } of Thomas Gale dec'd } Defendant This cause this day came on to be heard upon the bill & answers, and was argued by counsel : On consideration whereof the Court doth adjudge, order and decree that Joseph B. Whitehead, Commissioner appointed by the Court for that purpose, after giving ten days notice at some public place, do expose to public sale to the highest bidder at the Court house on a Court day of the slaves Simon and Gilbert, mentioned in the Complainants 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 costs, charges and expenses as aforesaid and assign - one to the adult Complainant and to one of the Guardians of each of the infant Complainants, taking refunding indemnifying bonds according to law; and make report thereof to the Court in order to a final decree ~ Bill of Costs A Copy Teste Atto. fee . . .$10:00 Nathl. Young Cl Clks " . . 4:00 ___________ ¯¯¯¯¯¯ $14.00 ¯¯¯¯¯¯ [docketing of report {image 7 of 15}] Gale & others } vs } Report ~ } Woodley; a ____ ¯¯¯¯ [commissioner's report {image 8 of 15}] In obedience to the annexed decrees of the worshipful court of Isle of Wight County pronounced Janu- ary Court 1826, the commissioner by those decrees preceded to sell the land and slaves named in the decrees on the 6th. of Febr. 1826 (after having advertised them as directed by the decrees) on a credit of six months at which sale William Chapman became for the sum of $262.50 the purchaser of Simon ^ Charles Murphrey became the purchaser of Gilbert for the sum of $39 and Eley gale became the purcha_ ser of the land for the sum of $35 all of which sums make the sum of $336.50 from which Deduct the expenses of said decrees (all of which have been paid to the person entitled) and Commissions which makes the sum of $34.82 which leave a balance of $301.62 [sic; $301.68] one fifth of which being $60.36 [sic; error] he alloted to Eley gale he alloted two fifths to Esther gale guar- dian to Betsey gale & Nancy gale one fifth he alloted to Nath. Pruden Snr. guar. to Alexander gale an the remaining fifth he alloted to Elisha Everitt guar. to Thomas. gale. All of Which is respect full Submitted Signed Jos. B. Whitehead Sept. 20- 1826 [copy of interlocutory decree {image 9 of 15}] This cause came on this day to be heard on 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 no- tice at some public place, do expose to public sale to the highest bidder, at the court house on a court day, of the slaves Simon and Gilbert - mentioned in the said bill, on a cre- dit 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 ne- cessary expenses, costs and charges as afore- said and assign over one to the adult com- plainant, ["or to each of them if there should there be ^ more than one," struck] and one to the guardi- ans of each of the infant complainants, taking refunding indemnifying bonds according to law ^ and make report of his proceedings in or-, der to a final decree. [docketing of bond {image 10 of 15}] Esther Gale &c } Refunding to } Bond } Gales adm'or. ___ ¯¯¯¯ [bond {image 11 of 15}] Know all men by these presents that we Esther Gale and Nath. Young are held and firmly bound to Andrew Woodley late Sheriff and administrator of the estate of Thomas Gale dec'd. in the just sum of two hundred forty one dollars thirty two cents to the true and faith full payment whereof we do hereby bind ourselves our heirs executors & administrators jointly and Severally firmly by these presents As Witness our hands and Seals this 1st day of May 1826 ~ The condition of the above obligation is such that Whereas the said Esther Gale as the Guardian of Betsey gale & Nancy gale orphans of the above mentioned Thomas Gale dec'd: has received of the said Andw. Woodley late sheriff & administrator as aforesaid the sum of one hundred twenty dollars sixty six cents as the proportion of the said orphans of their said fathers estate, Now if the said Esther Gale & shall pay and refund to the said Andrew Woodley or his legal representative the proportions of the said orphans of any with interest & costs - debt ^ which may hereafter be Lawfully recovered of the said Woodley as the said Administratror so that the said propotions shall not exceed the sum now received by the said Esther that then & in that case the above obligation to be Void or else remain in full force & virtue ~ her Esther + gale ¤Seal¤ Witness mark Bat. Lightfoot Nathl. Young ¤Seal¤ [docketing of bond {image 12 of 15}] Everett &c } Refunding to } Bond } Gales adm'or ___ ¯¯¯ [along edge of page] Isle of Wight County (to wit) [bond {image 13 of 15}] Know all men by these presents that we Elisha Everitt and Buxton W. Gale are held and firmly bound to Andrew Woodley late sheriff and administrator of the Estate of Thomas Gale decd. in the just and full sum of one Hundred & Twenty & 66 cents to the true and faithful payment whereof we do hereby bind ourselves our heirs Executors & administrators jointly and severally firmly by These presents as Witness our hands and seals this 1st. day of May. 1826 _ The condition of the above obligation is such that whereas the said Elisha Everitt. as the Guardian of Thomas Gale orphan of the above mentiond. Thomas Gale decd. has received of the said Andrw Woodley late sheriff & administrator as aforesaid the sum of Sixty Dollars & Thirty Three cents as the pro- portion of the said orphan of his said fathers Estate Now if the said Elisha Everitt and shall pay and refund to the said Andrew Woodley or his legal representative the proportions of the said orphan of any debt with Interest & cost which may hereafter be Lawfully recoverd. of the said Woodley as the said administratror so that the said propotion shall not exceed the sum now recd. by the said Elisha Everitt then and in that case the above obligation to be void or else remain in full force Witness Elisha Everitt ¤seal¤ William H. Ballard B.W. Gale ¤seal¤ [bond {image 13 of 15}] Know all men by these presents that we Elisha Everitt and Buxton W. Gale are held and firmly bound to Andrew Woodley late sheriff and administrator of the Estate of Thomas Gale decd. in the just and full sum of one Hundred & Twenty & 66 cents to the true and faithful payment whereof we do hereby bind ourselves our heirs Executors & administrators jointly and severally firmly by These presents as Witness our hands and seals this 1st. day of May. 1826 _ The condition of the above obligation is such that whereas the said Elisha Everitt. as the Guardian of Thomas Gale orphan of the above mentiond. Thomas Gale decd. has received of the said Andrew Woodley late sheriff & administrator as aforesaid the sum of Sixty Dollars & Thirty Three cents as the pro- portion of the said orphan of his said fathers Estate Now if the said Elisha Everitt and shall pay and refund to the said Andrew Woodley or his legal representative the proportions of the said orphan of any debt with Interest & cost which may hereafter be Lawfully recoverd. of the said Woodley as the said administratror so that the said propotion shall not exceed the sum now recd. by the said Elisha Everitt then and in that case the above obligation to be void or else remain in full force Witness Elisha Everitt ¤seal¤ William H. Ballard B.W. Gale ¤seal¤ [docketing of bond {image 14 of 15}] Gale ¯ ^ Pruden & Darden to } Refunding } bond Woodley Shff & admr of Thos. gale [bond (1 of 2) {image 15 of 15}] Alexander Gale Know all men by these presents that we ^ ["Nathaniel Pruden jr" "and" struck] John H. Darden are held and firmly bound unto Andrew Woodley Sheriff of the county of Isle of wight into whose [hands] the Estate of Thomas Gale decd: hath been committed for administration his heirs Executors & administrators or assigns in the Just and full Sum of five hundred dollars lawful money of Virginia to which payment well and truly to be made we bind ourselves our heirs Executors and administrators firmly jointly and severally by these presents sealed with our seals and dated this 2nd. day of April 1827 ~ The Condition of the above obligation is such that whereas the Andrew Woodley Sheriff and ad =ministrator as aforesaid hath this day paid over to ["Nathaniel Pruden Senr. {sic} guardian to" struck] Alexander Gale Orphan of Thomas Gale decd: the sum of Sixty dollars and thirty three cents it being the above named orphans propotionable part of a certain sum of mo =ney arising from the sale of the slaves belonging to the Estate of said decd: sold by Joseph B. Whitehead commissioner, by Virtue of a decree of the worshipful Court of Isle of Wight County in chancery Sitting. ~ Now provided the said ["Nathaniel Pruden jr and John H. Alexander Gale Darden" struck] ^ shall refund and pay to the said Andrew woodley Sheriff and administrator as aforesaid or his heirs Executors administrators or assigns the above named Sum of sixty dollars and thirtythree cents or so much thereof as may be necessary for the discharge of any debt or debts claim or claims demand or demands with Interest and cost & &c. arising form [sic; from] the same which the said Woodley Sheriff [page break] [bond (2 of 2) & docketing {image 14 of 15}] administratror as aforesaid Shall be required to pay out of the said Estate of the said Thomas Gale decd: then the above obligation to be void or else remain in full force and Virtue signed sealed and acknowledged in the presence of ~ Alexander gale ¤Seal¤ Ralph W. Bidgood Nathl. Pruden Jr. ¤Seal¤ ~"~ Jno.H. Darden ¤Seal¤ [docketing] Gale ¯ ^ Pruden & Darden to } Refunding } bond Woodley Shff & admr of Thos. gale [case end] Isle of Wight Co., VA, Chancery Court Records, Case 1827-015. Library of Virginia (LVA), Richmond, VA Virginia Memory (digital collections) https://www.lva.virginia.gov/chancery/case_detail.asp?CFN=093-1827-015 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 was sued by his siblings over the above-mentioned tract of land in a suit also heard at January Court 1826. Joseph B. WHITEHEAD was also appointed commissioner in that case, and his report above combines the sums due to the heirs. See Chancery case 1826-024; file at: http://files.usgwarchives.net/va/isleofwight/obits/1826_024.txt Alexander GALE [Jr.] apparently reached his majority (age 21) between Jan 1826 & Apr 1827. Fanny GALE sued her mother Frances GALE, administratrix of Thomas GALE [III], and her siblings - Alexander, Thomas, 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 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) Andrew WOODLEY (d. 1829) of Four Square served several terms as a justice, and was sheriff 1797-98 & 1823-26. ("Historical Notes," pp. 43, 443, 490, 494-95) Contributed for use in the USGenWeb Archives by File Manager Matt Harris (zoobug64@aol.com). file at: http://files.usgwarchives.net/va/isleofwight/obits/1827_015.txt