Southampton County Virginia USGenWeb Archives Court.....BRITT v. BRITT, 1815 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton County Virginia USGenWeb Archives Court Records Benjamin & Merritt BRITT vs. Joseph & Matthew [Jr.] BRITT, David RITTER & George DIGGS, Chancery Case 1815-004 Southampton Co., VA, Chancery Court Papers. [Image # refers to LVA Southampton Chancery Microfilm Reel 409] [image 0034 - folder] 1815-004 Southampton County Chancery Papers BRITT et al VS. BRITT et al 3|1815 ŻŻ other surnames: Ritter, Diggs [Document 1 - bill] [image 0035 - docketing] Britt &c. } vs. } Bill } Britt &c. March 1815 order of publication ["June 1815 Inty. decree" erased] [page end] [images 0036 & 0037 - p. 1 of bill] To the worshipful Court of Southampton County in Chancery Sitting - Humbly complaining shew unto your worships your orators Benjamin Britt and Merrit Britt, sons of Matthew Britt deceased, that the Said Matthew Britt departed this life, in the County of Southampton, on the day of 180 , having frist [sic] duly made and published his last will &testament in writing, which was duly proved & admitted to record in this Court of the said County on the 15th. day of January 1809_ that among the devises and bequests in the Said will contained, the said Matthew Britt devised [2d "devised" struck] the land and plantation, whereon he resided, to his wife Catherine Britt during her natural life or widowhood, and at her death or the Expiration of her widowhood, devised the said land and plantation to his four sons [2d "to his four sons" struck] Joseph Britt, Benjamin Britt, Matthew Britt and Merrit Britt, in fee simple, to be equally divided between them _ as will fully appear by an attested Copy of the said last will &testament hereto annexed and to which your Matthew [error*] worships are referred as a part of this bill _ that the said ["Joseph" struck] Britt is not at this time an inhabitant of this Commonwealth, and that your orators and their brother Matthew proceeded, some little time ago, to have the Said land divided according to the Said will, leaving one equal fourth part of the Said land, for the Said Joseph Britt, whenever he shall return to this Commonwealth _ that the Said Matthew Britt sold the fourth part, of the Said land, allotted to him in the above division, in fee Simple to a certain David Ritter, who has since sold the Same in fee simple to a certain George Diggs, a free man of colour _ that the Said division, although beleived to be equal and strictly Just, was however made without any decree of this Court or any other Court having Jurisdiction over the subject, which, your orators are informed, leaves the said division still exposed to investigation and controversy _ To the End therefore that the Said Joseph Britt, Matthew Britt, David Ritter & George Diggs may be made Defendants to this bill & be compelled on their Corporal oaths to answer all & thereof singular the allegations ^ ["of this bill" struck] & that as fully as if the Same were herein again repeated and they thereunto particulaly interrogated _ that your worships will thereupon decree that the aforesaid land & plantation [page break] [image 0038 - pp. 2-3 of bill {p. 3 blank}] be equally divided between your orators and the Said Joseph Britt & Matthew Britt _ the share of the Said Matthew to be allotted to the said George Diggs _ that any other decree be rendered, by your worships, in this behalf, which upon hearing may seem Just & proper _ that any other & general relief may be granted in the premises, Consistent with Equity & good Conscience _ may it please the Court to grant the Commonwealths writ of Subpoena, Commanding &c., and as in duty bound your orators will ever pray ___ Stith for Comlts. ~~~~~~~~~~~~~~~~~~~~ [case end] ****************************************************************************** Matthew BRITT [Sr.], will, 29 Jan 1796 (pr'd Jan 1809) Southampton Co., VA, Will Book 6 (1804 - 1810), p. 599 The Library of Virginia (LVA), Richmond, VA, Southampton Microfilm Reel 18 Ct.Min.Bk. 1813-16 [p.] 179 [...] At a court held for the county of Southampton the day of 16th. Jan.y. 1815~ [...] [p.] 180 [...] An indenture of bargain and Sale between Matthew Britt and Elizabeth his wife of the one part and David W. Ritter, of the Other part was proved in the clerks office by the oath of Samuel G. Boykin, one of the Subscribing duly witnesses thereto, and ^ advertised, in pursuance of an act of assembly in Such case made and provided; and with a commission for the prevy examination of Mrs. Elizabeth Britt, and a certificate of its execution returned is continued for further proof [check mark & tiny "o" in margin] [...] [p.] 209 At a court held for the county of Southampton the 17th. day of April 1815 [...] Ritter To Diggs Deed ackd. in office & OR. [small check mark & "o" in margin] _____ Britt & wife To Writter Deed fully proved in the office & OR [small check mark & "o" in margin] _____ [...] Ct.OB1814-16 [p.] 44 At a Court held for Southampton County the 16th. day of January 1815 [...] An Indenture of bargain and Sale between Matthew Britt and Elizabeth his wife of the one part and David W. Ritter of the other part was proved in the Clerks office by the oath of Samuel G. Boykin one of the Subscribing witnesses thereto and duly advertised in pursuance of an act of Assembly in Such case made and provided And with a Commission annexed for the privy examination of the said Elizabeth Britt And a Certificate of its execution returned is Continued for further proof ~ [...] [p.] 89 ŻŻ [...] At a Court of quarterly Session Continued and held for the County of Southampton The Twenty first day of March One thousand Eight hundred and fifteen ~ [...] [p.] 93 ŻŻŻŻ [...] Joseph Stephenson Late of the parish of Nottaway in this County Charged with murder was this day Led to the bar by the Sheriff to whose Custody he was heretofore Committed (and the Court which was Summoned for his examination failing to meet,) thereupon divers _ witnesses were sworn and examined on behalf of the Commonwealth touching the premises The Court after hearing the testimony and all the Circumstances of the Case are of opinion that the said Joseph Stephenson is not guilty of the Murder whereof he is charged, and proclamation being made as the manner is, And nothing further appearing or being alledged against the said Joseph Stephenson It is ordered that the said Joseph Stephenson be discharged from his imprisonment ___ ___ [...] Benjamin Britt and Meritt Britt Sons of Matthew Britt .......................................Complainants } against } Joseph Britt, Matthew Britt, David Ritter } In Chancery and George Diggs.......................................Defendants } The defendant Joseph Britt, not having entered his appearance and given Security according to the act of assembly and the rules of this Court; And it appearing to the satisfaction of the Court that the said defendant Joseph is not an inhabitant of this Commonwealth Therefore it is ordered that he appear here on or before the third Monday in June next and answer the Complainants bill, and that a Copy of this order be forthwith inserted in some public newspaper printed within this Commonwealth for two months Successively and posted at the front door of the Court house of this County on the Several Court days __ _____ [page end] [p.] 99 ŻŻŻ [...] At a Court held for the County of Southampton the Seventeenth day of April one Thousand Seven [sic] hundred and fifteen __ [...] An Indenture of bargain and sale between David W. Ritter of the one part and George Diggs of the other part was acknowledged in the Clerks office by the said David W. Ritter in pursuance of an act of Assembly in Such Cases made and provided and admitted to record [small check mark in margin] _____ An Indenture of bargain and sale between Matthew Britt and Wife Elizabeth of the one part and David W. Ritter of the other part was proved by the oath of Jesse Womble and Benjain Westra two of the witnesses thereto in the Clerks office in pursuance of an act of Assembly in Such Cases made and provided and having been before proved by the oath of Samuel G. Boykin, and together with the Commission annexed for taking the acknowledgm =ent and privy examination of the said Elizabeth Britt and the Certificate of its execution are admitted to Record _____ [small check mark in margin] _____ [page end] Note: Neither of these deeds (nor the others admitted 17 Apr 1815) are recorded in Deed Book 14 (1814-16). ****************************************************************************** Additional information: David W. Ritter died before 16 Oct 1820, when Josiah Britt & wife Rhoda sold a 200-acre tract, adjoining Ritter's estate, to John Urquhart (DB18:45-46). 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 executor, son Joseph, was sued by the other heirs; file at: http://files.usgwarchives.net/va/southampton/court/1813_004.txt Contributed for use in USGenWeb Archives by: Matt Harris, zoobug64@aol.com [brackets mine] file at: http://files.usgwarchives.net/va/southampton/court/1815_004.txt