Southampton County Virginia USGenWeb Archives Court.....Britt v. Worrell, 1799 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton County Virginia USGenWeb Archives Court Records Martha BRITT, widow of Benjamin BRITT [Sr.] et al. v. Richard WORRELL, administrator of Benjamin BRITT [Sr.] Chancery Case 1799-014 Southampton Co., VA, Chancery Court Papers. [Image # refers to LVA Southampton Chancery Microfilm Reel 399] [image 0729 - folder] 1799-014 Southampton County Chancery Papers BRITT et al vs. BRITT'S admr 11/1799 ¯¯ ¯¯ ¯¯ other surnames: Maggot, Worrell [Document 1 - bill & answer] [images 0730 & 0731 - docketing] Britt & al} vs } bill & . Worrell } S.H. Novr. 1799 Rept. retd. & Decree final [4 sets of computations shown inverted] 1.90 .63 2.50 ¯¯¯¯¯ 5.03 8.. ¯¯¯¯¯¯¯ 3. 37 ¯¯¯¯¯¯¯ 11. 37 1. 63 ________ 1 22 50 [altered] ______ 3..37 18 26 8 8 18 ¯¯¯¯¯ 26 ¯¯¯¯¯ 18 ¯¯¯¯¯ 122 _____ [page end] [image 0732 - p. 1 of bill & answer] To the worshipful Court of Southampton Sitting in chancery humbly Complaining Shew unto the Court your orators & oratrixes. Martha Britt widow of Benjamin Britt decd. Richard, Matthew. Benja_ -min, Rhoda, & Patsy Britt, infants of the Said Samuel Maggot Benjamin by ["Solomon Holmes" struck] their next friend That the Said Benjamin Britt departed this life intestate on or about the day of 179 leaving your oratrix Martha his widow, & your infant Complts. his only Children. That admin -istration of the Said estate was by this Court granted to a Certain Richard Worrell. who States that in discharge of his intestates debts. he has ad_ Boy -ministerd all the estate one negro ["Girl" struck] ^ excepted a regular distribution of which he is advised Can_ -not be done without the decree of this worshipful Court. To the end therefore that the Said Richard Worrell, who your Complainants pray may be made defendant to this bill of Complaint may upon his Corporal oath full true &perfect answer make to all &Singular the allegations in this bill Contained & that as fully &Sufficiently as if the Same was again herein Repeated & interrogated _ And that your Worships will decree [page break] [images 0733 & 0734 - pp. 2-3 of bill & answer] that the deft. Sell the Said Slave for the best price that can be got in Ready money, and out of the Same pay to your oratrix Martha Such part as may be thought Reasonable in lieu of her third part for life, and divide the Residue equally among your Complainants, & make any other or further order or decree in the premises for your Complts. Relief as may be equi_ _table May it please &c The answer of Richard Worrell admr of Benjamin Britt decd. to the bill of Complaint of Martha Britt, widow of the Said Benjamin & others Com_ _plainants exhibited against him in the w'pful Court of Southampton. This defendant Saving & Reserving to himself all mannner of exception to the uncertainties & imperfec_ _tions in the Said Compls. bill of Complaint Contained for answer thereto or to So much thereof as this Deft. is advised material for him to make answer unto. In answering Saith That it is true that Benjamin Britt died intestate & Made this deft. admd. upon his estate. It is also true that the Said estate is exhausted [page break] [p. 3 of bill & answer] in payment of debts, the Slave in the bill mentioned excepted_ as the widow: is entitled to a part of the Slave for life & this part discretionary in the Court as to the absolute interest_ and as he is desirous of discharging his trust legally & equitably, he has no objection to Complying with the decree of this Court. to that he will Cheerfully Submit and prays to be hence dismissed with his Cost so wrong_ _fully Sustained [page end] [Document 2 - Decree] [image 0735 - docketing] Britt &c } vs } Inty. Britts adr. } Decree June 1799 Nov. Rept. retd. & Decree final &c [page end] [images 0736 & 0737 - decree] At a Court of quarterly Session held for the county of Southampton the 17th. day of June 1799 Martha Britt widow &c of Benja. Britt dec'd, } Richard, Matthew, Benjamin Rhoda & Patty } Britt infants of the sd. Benja. Britt by Saml. } Maget their next friend, _ _ _ _ _ . Complts } vs } Chancery. Richard Worrell adr. &c of Benja. ["Worrell" struck] Britt } decd . _ _ _ _ Deft. } This cause was docketed by consent of the parties & Saml. Maget appointed guardian to the infant Complainants And heard on the bill and answer On Consideration whereof it is decreed &ordered that Jacob Lawrence Nicholas Maget Isaac Williams & Absalom Williams or any three of them make sale of the negro boy in the bill mentioned at public auction after due notice given on a credit of nine months taking bond & good Security of the purchaser Payable in the following manner to wit One sixth part to Martha the widow & the residue into five equal parts assigning one to each of the infant Complain= =ants or their legal representatives &make report in order to a final decree teste Saml. Kello Cl [page end] [image 0738 - report] In Obedience to an Order to us directed dated June the 17th. 1799 ~ We the subscribers have Advertised and Sold a Negro Boy belonging to the Estate of Benja. Britt decd. for the Sum of One hundred & forty pounds One Shilling & Six pence Virga. Money at which time Richard Worrel became purchaser and gave his Bond with Security Agreeable to Sd. Order Given Under Our hands this 19th. day of Augt. 1799 Jacob Lawrence [obscurred in crease] Isaac Williams Nicholas Maget [case end] ****************************************************************************** Southampton Co. Ct.Min.Bk. 1799-1803 [p.] 12 At a Court of quarterly Sessions held for the County of Southampton on Monday the 17th. day of June 1799 [...] [p.] 14 [...] [margin notes cropped] [...] to be paid [...] the decree [...] verd. [...]Y. 8 Ds. [check mark] [...]Ds. paid [...]D. 25 Cts [...]d. Martha Britt &others vs Richard Worrell adr. Benja. Britt Chy. Saml. Maget appd. guardian to the infant Complainants Docketed by consent & heard on the bill & answer on Consideration Whereof it is decred. & orderd that Jacob Lawrence Nich.s Maget Isaac Williams & Absalom Williams or any three of them make sale of the negro boy in the bill Mentioned at Public auction after due notice given on a credit of nine months taking bond & good security of the Purchaser Payable in the following manner to wit one sixth part to Martha the Widow and the Residue into five equal Parts and assign one to each of the infant Complainants or their legal representatives &report ___ ¯¯¯ [...] [p.] 25 At a Court held for the county of Southampton the 19th. day of August 1799 [...] [p.] 26 [...] Benjamin Britt & Mattw. Britt orphans of Benja. Britt chose Richard Worrell for their guardian who gave bond ___ [...] [p.] 60 At a court of held for the county of Southampton the 16th. of December 1799 [...] [p.] 61 [...] Last will of Richd. Worrell decd presented in Court by A Bowing &Micajah Griffin the ex'ors who made oath accg. to Law &gave bond proved by the witnesses probat granted & O R =\= Ordd. that Chs. Council Shadrach Worrell & Joseph Turner appraise sd. estate =\= [...] ****************************************************************************** Southampton Co. Ct.Min.Bk. 1793-99 256 [p.] At a court held for the county of Southampton the 15 day of May 1797 [...] [p.] 259 [...] [...] Burwell Barrett produced a cert. from the elders of the republican methodistual church as a preacher of the gospel in that society and took oath of allegiance and fidelity to this commonwealth ¯¯¯¯¯ [...] ¯¯¯¯/ On the mot. of Richard Worrell who made oath according to law adm'n is granted him on the estate of Benja. Britt decd. giving security &. [tiny "o" & check mark in margin] ____ Ordered that Joel Edwards, Geo. Edwards, Tho. ["Edwards" struck] Everitt & West Edwards or any 3 appr. said estate _____/ [...] Southampton Co. WB5 [p.] 133 [...] [margin notes] Britt Benja. Appt. In obedience to an order of the worshipful court of Southampton we the apprasers have met and appraised the estate of Benjamin Britt decd. in the following manner And at the prices in form following this 23 day January 1797 One Sow & Pigs £3-0-0- Corn by the Barrel 20/. one Stack of Tops 24/. 5 4 " blades by the hundred 5/. pease by the bushel 4/6_ a parcel of Turners tools 10/. " 19 6 One Mare £8-0-0- One Saddle 10/. One bed and furniture £4-10- 13 " " One Bed &c £3- one parcel of Chair fraims 5/. _______________________________ 3 5 " four Pewter plates, 2 dishes & one bason 16/. two Bottles two Spoons 1 plate 2/. " 18 " 2 jugs 3/. 2 Morters 2/. 1 piggen 1/3. 1 Meal tub 1/3, 1 Table 1/3 ________ " 8 9 One Chest 4/. one trunk 1/3 one looking 1/3 - - - - - - - - - - - - - - - - " 6 6 One Wheel & 2 Pr. Cards, Seed Cotton 4 pr. lb - - - - - - - - - - - - - - - - - " 11 " One Slate 1/6. parcel of barrels 5/. Book 3/. Sugar Box 2/ _______________ " 10 " Knife Box, knives & forks, bridle Leather & Sheep Skin - - - - - - - - - - - - " " 6 two Potts one dutch oven, one frying pan, one Grind Stone . . . . _ _ _ _ 1 2 6 One Skillet, one plow, two weeding hoes 9/. one Ax 3/. one hammer 9 d. - - - - " 12 9 One Sturgeon hook & Raisor 6/9 _ Saw rest Stirrup Irons 1 Pr. Sissors. 2 Combs 2/6 " 9 3 One Negro Man Jerry ___ _ _ _ __ __ __ __ __ __ __ 85 " " Richard Worrell Admr. ¯¯¯¯¯¯¯¯¯¯¯ £112 14 7 { Joel Edwards At a Court held for the County of Southampton { Thomas X Evritt the 18th. day of Feby. 1799 ___ This Appraise= { his ment of the Estate of Benjamin Britt decd. { George x Edwards was this day returnd. and orderd. to be recorded { mark Saml. Kello Cl [page end] The estate of Benjamin Britt decd. Dr. The Estate of Benjamin Britt decd. Cr. _______________________________________________________________________________________ ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯£¯¯¯S¯¯d¯¯ To Cash paid To Collin Britt._ 2 2 10 By amount of Sale . . . . ____ 41 7 1 To Cash pd. To Charles Skinner _ _ 4 2 " For the hire of Negro 1797____ 11 10 " To Cash pd. To Wm. Barden . ...... " 19 " For the Hire of Negro 1798 11 13 " To Cash pd. To James Britt _ _ _ 2 1 " For the Hire of Negro 1799 11 9 " To Cash pd. To Sion Hill ...._ __ 1 14 6 For the Sale of Said Negro} To Cash pd. To Richard Barden _ __ " 16 4 the 1 day of Augt. 1799 __ } 140 1 6 To Cash pd. To James Skinner . _ _ 3 17 6 For the Hire of Negro 1798 11 13 " To Cash paid To John Hart __ __ " 13 3 ¯¯¯¯¯¯¯¯¯¯¯ To Cash pd. To Mr. Hutchen __ __ 4 14 4 216 0 7 72 7 4 [am't bro't over {less ¾}*] ¯¯¯¯¯¯¯¯¯¯¯ £145 13 3 ¯¯¯¯¯¯¯¯¯¯¯ [page break] [p.] 205 Amount brought Over To Cash paid To Thomas Boon _____ 1 10 0 To Cash paid to Richd. Worrell. 13 7 8½ To Cash paid To Richard Drew 4 13 6 To Cash paid to Edwin Liles _ " 10 9 To Cash paid To Wm. S. Mullen _ 6 0 To Cash paid to court charges _ 1 18 10½ To Cash paid to Joseph Britt _ 7 9½ To cash Paid to Benja. Blunt _ _ 3 6 8 To Cash Paid to Bennet Barnes _ 6 9 ¯¯¯¯¯¯¯¯¯¯¯ To cash paid To Amey Hill _ _ _ 6 3 50 16 3¾ [err* - 29.13.4¾] To Cash paid To Newit Vicke _ 16 0¾ Paid to the Widow of Decd. _ _ 8 8 5 To Cash paid To Richd. Drew _ 5 0 Paid to Rhodia Britt. ... _ 3 6 To Cash Paid To Edwin Drew 1 17 10½ Paid to Commissioners. __. _ _ 12 19 2 ¯¯¯¯¯¯¯¯¯¯¯ £72 7 4¾ Agreeable to an Order of the worshipfull court of Southampton we the Said Auditors have Examined Stated and Settled An Account Current of the Estate of Benjamin Britt Decd. In the following Manner his Joel x Edwards mark Thomas Everitt At a court held for the County of Southampton the 18th. day of August 1800 ___ This Account current of Benjamin Britt Decd. was this Day ___ Reported and ordered to be recorded Saml. Kello Cl [...] [*the values may have been slightly misread {difficult in image, as the page curves in toward the binding}, but the error of some £21½ represents about 10% of the estate's value. It is unclear if the error is merely arithmathic, or whether additional debits are not stated; legatees Richard, Matthew, Benjamin [Jr.], and Patsy/Patty Britt are not mentioned.] This account current (WB5:204-05) had already been posted, at: http://files.usgwarchives.net/va/southampton/wills/b630b4ac.txt Southampton Co. WB5:161-62 [margin notes] Richd. Worrells Will ¯¯¯¯ In the name of God Amen I Richard Worrell of the County of Southampton being porely or in a Verry low state of health at present in body but in perfect sence & Memory in mind do make and ordain this my last Will and Testament in manner & form as followeth - - First, I give unto my Loving Wife, Tabitha Worrell, the use of the plantation whereon I now live, Containing 150 Acres of Land more or Less, dureing her Natural Life, also one Feather Bed and furniture Also One Mare & 3 head of Cattle, and 4 Sheep, also all my Stock of Hogs, also my still worm & Cap_ also all my Puter and potts, also two barrels of Apple Brandy dureing her natural Life, and no more, and at the death of my Wife I give the same to my son Richard Worrell to him and his heirs forever ~ Now all the remainder of my Estate after paying my Just debts I give to my son Richard Worrell to him and his heirs forever, and if my son Richard Worrell should die without an heir, I give my Estate to be equally divided between Shadrach Worrell William Worrell and Edith Counsil to them and their heirs forever --- Item, I also Give unto my Wife Tabitha Worrell 15 barrels of Indian Corn and no more --- And I also do appoint Arthur Bowing and Mica. Griffin Junr. my hole and sole Executors to this my last Will and Testament made this 12th. Dof October 1799 Test His hir Richard + Worrell ¤seal¤ Temperance + Counsil mark mark Edwin Counsil his Robert + Counsel mark [page break] [p.] 162 At a court held for the County of Southampton the 16th. day of December, 1799 ___ This Will was presented in Court by Arthur Bowing & Micajah Griffin the executors therein Named proved by the Oaths of Temperance Counsil, Edwin Counsel & Robert Counsel _the Witnesses thereto and ordered to be recorded, And on the motion of the said Executors who made Oath according to Law a certificate is granted them for obtaining a probat thereof in due form giving Security Whereupon &c. . . _ _ __ __ Saml. Kello Cl. _________________________________________________________________________________ ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ [case end] ****************************************************************************** Additional information: This Benjamin BRITT [Sr.] was not the son of John BRITT [Jr.], who left will, 8 Feb 1786, proved 13 Jan 1791 (WB4:468-69). John's son Benjamin bought his father's 175-acre plantation in 1791, conveyed 43-acre tracts to each of his 3 brothers in 1794, and sold the remaining 46 acres in 1803. Nor does he seem likely the son of the Benjamin BRITT [Sr.] who left will 14 Apr 1783, proved 10 Mar 1785 (WB4:95-96). That Benjamin [Jr.] seems to be in cases litigated against his brothers in 1802- Joseph v. Matthew, Matthew v. Joseph, & Benjamin v. Matthew - combined and referred to William BAILEY & Elias HERRING. Joseph BRITT died by Feb 1803, causing his suit to abate, but it was reinstated by his administrator John URQUHART. Transcriptions of the will of Richard WORRELL [Sr.] are also posted at: http://files.usgwarchives.net/va/southampton/wills/worrel01.txt http://files.usgwarchives.net/va/southampton/wills/w640r1wl.txt Contributed for use in USGenWeb Archives by: Matt Harris, zoobug64@aol.com [brackets mine] file at: http://files.usgwarchives.net/va/southampton/court/1799_014.txt