Southampton County Virginia USGenWeb Archives Court.....Cook v. Atkinson, 1808 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton County Virginia USGenWeb Archives Court Records John COOK & wife Betsy (BRITT) COOK et al. vs. Betsy [Mrs. Timothy] ATKINSON [ATKINS], widow of Joseph BRITT [Sr.], Chancery Case 1808-018 Southampton Co., VA, Chancery Court Papers. [Image # refers to LVA Southampton Chancery Microfilm Reel 404] [image 0698] 1808-018 Southampton County Chancery Papers [image 0698 - folder] COOK et ux. et al. VS. ATKINS et ux. 2/1808 other surnames, Britt, Stephenson [Document 1 - Bill & Answer] [images 0699 & 0700 - docketing] Cook } vs. } Bill & Ans. Britt } Novr. 1807 Inty. decree Feby. 1808 decree Amended Solomon Holmes Arthur Holliman Simon Boykin [page end] [image 0701] [page 1 of bill] To the worshipful Court of Southampton in Chancery Sitting Humbly complaining shew unto your worships your orators and oratrixes John Cook and Betsy his wife late Betsy Britt, John Stephenson and Milley his wife late Milley Britt, John Britt, Harrison Britt Caty Britt and Joseph Britt, Benjamin Britt, Solomon Britt and Sally Britt infant children by their next friend John ['Boykin' struck] Britt ['Simon Boykin' struck]. That Joseph Britt father of your orators and oratrixes departed this life sometime in the year intestate being seized and possessed of a tract of land in this County containing acres to which your orators and oratrixes are equally entitled; But your orators and oratrixes represent to your worships that Betsy Britt widow of said Joseph Britt who has since intermarried with a certain Timothy Atkins and the said Timothy Atkins both of whom are prayed to be made defendants hereto, withold from your orators and oratrixes the representative portions to which they are entitled, tho the said Timothy Atkins and his wife Betsy late widow of said Joseph are entitled to but one third part of the said land for the life of the said Betsy as her dower_ In tender consider= =ation whereof and in as much as your orators and oratrixes are remediless in the premises except by the intervention of this worshipful Court, they pray that your worships would appoint commissiones to lay off, set apart and assign to the said Betsy Atkins late widow of said Joseph Britt one third part of said tract of land for her natural life as her dower and that they then proceed to sell the said tract of land (It being worth less than One hundred dollars a share) inclu= ding the reversion after the expiration of the life estate of the said Betsy Atkins on a credit of months taking bond with approved security for the payment [page break] [images 0702 & 0703] [page 2 of bill] of the Purchase money and that they divide the Proceeds of the sales equally between your orators and oratrixes that is that that they assign one-ninth part to your orator and oratrix John Cook and Betsy Cook in right of his wife Betsy, One ninth part to John Stephenson and his wife Milley in right other of his wife Milley Britt and one ninth part to each of your orators and oratrixes and your orators and oratrixes pray that your worships would grant general relief &c_ [page end] [answer] The Answer of Timothy Atkins and Betsy his wife late Betsy Britt widow of Joseph Britt decd. to the bill of complaint exhibited against them in the worshipful court of Southampton by John Cook and Betsy his wife late Betsy Britt, John Stephenson and Milley his wife late Milley Britt, John, Harrison, Caty and Joseph, Benja, Solomon and Britt infant children by their next friend Simon Boykin These respondents saving and reserving to themselves all and every benefit of exception to all errors and imperfections in the complaintants bill contained for answer thereto or to as much as he is advised to make answer unto, answering ["saith" struck] say. That ~ Your defendant Betsy is entitled to her dower in the land mentioned in the complaintants bill, and that so far from witholding from them their respective portions in said land. they have always been anxious that her dower be assigned to her, and that they are perfectly willing that this worshipful Court Should pronounce such decree as is prayed for by the Complts in their bill and they pray to be hence dismissed &c. [case end] Southampton Co. OB1807-08 [p.] 92 At a Court held for the County of Southampton the 15 day of February 1808 [p.] 96 ___ ŻŻŻ [check mark & "o"] Britt And wife to Tynes deed ackd. comms. & certfte retd. & OR. ___ ŻŻŻ [...] ___ ŻŻŻ Patsey Peninah & Peggy Britt orphans of Ben Britt decd. Chose Jno. Urquhart their Guardian who gave bond ___ ŻŻŻ Nancy Britt orphan of Benj Britt chose Solomon Holmes who gave bond & abst. Hy Blow prest. Jno. Lee ___ ŻŻŻ Jno. Urquhart appg. guardian to Ann & Mary Bailey orphans of Hartwell Bailey who gave bond & Secy. ___ ŻŻŻ Ordered that Philip Raiford, Wm. Crumpler, Robert Mercer Benjamin Willson or any 3 appraise Jas. Johnsons estate _|__ Ż|ŻŻ [...] [p.] 100 _|__ Ż|ŻŻ [check mark] Cook vs Britt &c Chy by consent of parties and assent of Court it is ordered that decree entd. at a former Court in this case be so amended that Nancy Britt be allowed An equal proportion of Elias[?] Britts estate and with the other representatives & that the commissioners appd. by that decree allot her her proportion of the sales ^ estate and rept. ___ ŻŻŻ [...] Southampton Co. OB1809-13 [p.] 52 [...] At a court held for Southampton County On Monday the 16th. day of October 1809. [...] [p.] 53 [...] ___ ŻŻŻ Martin Stephenson this day appeared in discharge of his recogni zance entered into for begetting a bastard child on the body of Catherine Britt and the witness being calld and not appg it is Ordered that the recognizant be dismd. ___ ŻŻŻ [...] ****************************************************************************** Additional information: Some extraneous data from the Order Books have been included. The heirs of Joseph BRITT Sr. - the {surviving} plaintiffs & defendant in this case - were sued by Francis CLEMENTS, executor of John CLEMENTS; the suit was revived after Francis' death by John URQUHART. The case - styled CLEMENTS' executor v. ATKINS et ux. et al. - is posted at: http://files.usgwarchives.net/va/southampton/court/1814_056.txt Contributed for use in USGenWeb Archives by: Matt Harris, zoobug64@aol.com [brackets mine] file at: http://files.usgwarchives.net/va/southampton/court/1808_018.txt