Southampton-Isle of Wight-Greensville County Virginia USGenWeb Archives Court.....Britt v. Britt, 1813 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton County Virginia USGenWeb Archives Court Records Heirs of Matthew BRITT [Sr.] vs. Joseph BRITT, executor of Matthew BRITT [Sr.], Chancery Case 1813-004 Southampton Co., VA, Chancery Court Papers. [Image # refers to LVA Southampton Chancery Microfilm Reel 406] [image 0665 - folder] 1813-004 Southampton County Chancery Papers BRITT'S HEIRS VS. BRITT'S EXECUTOR 11|1813 ŻŻ other surnames: Coggin, English [Document 1 - bill] [image 0666 - docketing] 438 Britt's heirs vs Jo. Britt' Exr., Mat. Britt Bill in Ch.y._ [page end] [images 0667 & 0668 - p. 1 of bill] To the worshipful Court of Southampton County sitting in Chancery humbly complaining sheweth unto your worships your Orators & oratrixes Mathew Britt, Benja. Britt, Jonathan Coggin and Assenath his Wife, late Assenath Britt; Harrison Britt and Nancy his wife late Nancy Britt; Merit Britt an infant by his next friend Mathew Britt; .and Patsey English an infant daughter of Patsey English decd. who was formerly Patsey by her next friend Mathew Britt Britt ^ heirs Legatees and distributees of Mathew Britt decd. - That some time in the year 1808 Mathew Britt departed this life, after having duly made and published his last will and testament, which was proven and recorded in this Court in the month of January 1809:- That amongst other things provided for in the said Will, the sd. Mathew the testator gave to your orators Benjamin Mathew and Merit equally along with Joseph Britt his four sons, the plantation and tract of Land whereon he then lived to be equally divided after the death of his widow which took place the year following the death of the sd. Mathew. That under the said Will the Slaves [blank] in number, all his stock, and other personal Estate was to be sold, and equally divided [page break] [images 0669 & 0670 - pp. 2-3 of bill] among all his children after the death or marriage of his said widow; that he also left two tracts of Land one lying in Greensvill County and the County of Isle of Wight to be sold; the former to pay his debts; the proceeds of the latter to be divided amongst his children, That Joseph Britt and Britain Britt were appoint- =ed Executors to the Will of the said Mathew and both of them qualified thereto; since which the latter has also departed this life, leaving Joseph Britt the only acting Executor; who under, and by authority of the said Will of his father Mathew Britt, has taken possession of the whole Estate, and continued the same to his own use; and now refuses to distribute the same agreeable to the direction of the Will of his testator. That no Inventory & appraisment; or Account Current of the said Estate; has ever been returned to this Court _ or any act whatever performed by him in the character of Executor, other than proving the said Mathews Will _ selling a part of his Estate which was chiefly bought by himself and wholly as well the Lands as personal Estate with_held from your complainants who were equally the objects of the testaors bounty with himself the said Joseph the Executor. [page break] [p. 3 of bill] Your complainants further state that the debts due from their decd. father Mathew, were very inconsiderable: and have all been paid, that no good answer does exist for with_holding their proportions of the sd. Estate from them and is therefore in its effect unjust and oppressive. In tender consideration whereof, and in as much as your complainants are remediless in a Court of Law, they pray this court will take their grievances into consideration and compell the said Joseph Britt Exr. as aforesaid _ who it is prayed may be made defendant to this Bill to adjust settle and return a full true and perfect acct. of all his transactions on the Estate of the said Mathew his testator; and distribute to your complainants their Just proportion of the personal Estate of their decd. father And that the Court will further order and Decree that a division of the land devised to the testators four sons be laid off and allotted to them, according to the will of the said Mathew Britt. To the end therefore they pray that commissioners be appointed to carry the same into effect agreeable to the provisions of the Will of the said Mathew Britt __ And as in duty bound &c Fort for Com ~~~~~~~~~~ [page end] [Document 2 - memorandum] [image 0671] Mathew Britts heirs v Jo Britt in this case the Land in Greensville, as also that in Isle of Wight was sold in the life time of the Testator. _____ ŻŻŻŻŻ Estate 9 Slaves & Stock furniture &C _besides plan =tation [case end] ****************************************************************************** Additional information: Matthew BRITT [Sr.], left will, 29 Jan 1796, proved Jan 1809 (WB6:599); file at: http://files.usgwarchives.net/va/southampton/wills/b630m1wl.txt His sons Benjamin & Merritt sued their brothers Joseph & Matthew [Jr.]; file at: http://files.usgwarchives.net/va/southampton/court/1815_004.txt Merritt had turned 21 by the institution of the 2d suit, so he must have been born circa 1793. Contributed for use in USGenWeb Archives by: Matt Harris, Zoobug64@aol.com [brackets mine] file at: http://files.usgwarchives.net/va/southampton/court/1813_004.txt