Southampton County Virginia USGenWeb Archives Court.....Britt v. Britt, 1818 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton County Virginia USGenWeb Archives Court Records Rebeeca BRITT, widow of Joseph BRITT [of John], vs. Henry, Elias & Lawrence BRITT et al. Chancery Case 1818-021 Southampton Co., VA, Chancery Court Papers. [Image # refers to LVA Southampton Chancery Microfilm Reel 411] [image 0274 - folder] 1818-021 Southampton County Chancery Papers BRITT VS. BRITT & al 9|1818 ŻŻ [Document 1 - bill & answers] [image 0275 - docketing] Britt vs Britts Bill & Answers Decr. 16th. 1817 Decreed & ordd: ~ [page end] [image 0276] [page 1 of bill] To the worshipful Court of Chancery Sitting - Humbly complaining sheweth unto your worships your oratrix Rebecca Britt widow and relict of Joseph Britt (of John). That her late husband the said Joseph Britt died sometime in the year [blank] intestate seized and possessed of a tract of land lying in this County containing about thirty acres, and: leaving your oratrix his widow and three children to wit Henry Britt, Elias Britt and Lawrence Britt. all of whom are infants under the age of twenty one years That the dower of your oratrix has never land been allotted to her in said ^ neither has a partition of the same been made between the said Henry. Elias and Lawrence heirs ofthe said Joseph Britt (of John). That the said tract of land is Worth but a trifling sum, and. your oratrix would prefer to have such portion of the money which said. land might sell for as might seem right to this Court in lieu of her dower in the same - And therefore if it would be consistent with the laws of the land and the rules of this Court she wishes the said land should be sold. and the proceeds distributed by a decree of this Court according to law. In tender consideration whereof and in as much as your oratrix [page break] [images 0277 & 0278] [page 2 of bill] is remediless in the premises save in a Court of Chancery when matters of this Kind are properly cognizable she prays that the said Henry, Elias, and Lawrence Britt infant heirs ofthe said Joseph Britt (of John) may be made defendants hereto by some special friend appointed by the Court tod efend them in this behalf, and be compelled to answer all and singular, the allegations herein contained fully and unevasively. She further prays that the aforesaid land may be sold on such credit as shall seem right to this Court and that such portion of the amount of sales as may be deemed equivalent toher dower be allotted toher in lieu of the same and that the balance be equally divided between the defendants Henry. Elias, and Lawrence Britt as the heirs at law of the said Joseph Britt (of John) And She finally prays that this Court would make any other or further order or decree in the premises which may Comport with justice and Equity _ And as in duty bound she will ever pray &c _ [page end] [page 3 - answer] To the worshipful Court of Southampton in Chancery sitting - The joint and Separate answers of Henry Britt, Elias Britt and Lawrence Britt infant children and heirs at law of Joseph Britt (of John) by William Bowden their next friend appointed by the Court to defend them in this behalf to the bill of Complaint exibited against them by Rebecca Britt widow and relict of the said Joseph Britt (of John) These respondents saving and reserving to themselves every benefit of exemption to any errors or imperfections in said bill contained for answer thereto or to so much thereof as they are advised is necessary and material for them to answer, answering, say _ That they believe the statement made by the complainant is true, and they are willing that the said tract of land should be sold, and the proceeds thereof disposed as to this Court may seem right and proper. These Respondents having answered, prays tobe hence dismissed &c - William Bowden [doc end] [Document 2 - rough decree] [image 0279 - docketing] Britt vs Britts Rough Decree ŻŻŻ ŻŻŻŻŻŻŻŻŻ [image 0280 - p. 1 of rough decree] Britt _ ___ ["Deft" struck] Pl'ff } vs } In Chancery - } Britts _ ___ Defts. _ This Cause was this day docketed by Consent of parties and assent of the Court, and was heard on the bill and answers, and arguments of Counsel -And after mature consideration the Court doth adjudge order and decree that Simon Boykin, Samuel G. Boykin, John Crumpler Senr. and Willis Bowers or any three of them do after giving three weeks public notice ofthe time and place ofsale expose the tract of land mentioned in the bill whereof Joseph Britt (of John) died seized and possessed lying in this County to public Auction on a credit of nine months. That they assign one sixth part of the proceeds of the sale to the compl= =ainant Rebecca Britt in lieu of her dower in the said tract of land the payment thereof to be secured toher by bond with approved security taken from the purchaser That they assign to each of the defendants Henry Britt. Elias Britt, and Laurence Britt one equal third part of the balance [page break] [image 0281 - p. 2 of rough decree] of the proceeds of the sale of said land the payment thereof to be secured by bonds taken from the purchaser, with approved security, and assigned to the guardian or guardians ofthe said Henry. Elias, and Laurence Britt. That they make agood and sufficient convey ance of said land to the purchaser or pur= =chasers in feesimple, and that Or such of them as may act make a report tothis Court in order to afinal decree - [doc end] [Document 3 - decree] [image 0282 - docketing] Britt } _"_ } Decree vs } Britt } Septr. 21st. 1818 Rept. Retd. & OR & decree final by Consent [image 0283 - decree] Southampton County Decr. Court 1817 Rebecca Britt widow and relict of Joseph Britt (of John) - - - - - Complainant } against } In Henry Britt, Elias Britt and Lawrence } Britt, infant Children and heirs at Law } Chancery of Joseph Britt (of John) by William } Bowden, their, next friend, appointed by } the Court, to defend them in this behalf.. Defts.} This Cause was this day docketed by Consent of parties and assent of the Court, and was heard on the bill and answer, and arguments of Counsel and after mature deliberation, The Court doth adjudge:, order and decree that Simon Boykin, Samuel G. Boykin, John Crumpler Sr. and Willis Bowers, or any three of them, do after giving three weeks public notice of the time and Place of Sale expose the tract of Land mentioned in the bill whereof Joseph Britt (of John) died Seized and possessed liying in this County, to Public Auction, on a Credit of nine months That they assign one Sixth part of the proceeds of the Sale to the Complainant, Rebecca Britt in Lieu of her dower in the said tract of land, The payment thereof to be Secured to her by bond with approved Securety taken from the purchaser, That they assign to each of the defendants Henry Britt, Elias Britt and Lawrence Britt one equal third of the balance of the proceeds of the Sale of Said Land, the payment thereof to be Secured by bonds taken from the purchasers with approved Securety and assign to the guardian or guardians of the said Henry, Elias, and Lawrence Britt, That they make a good and Sufficient Conveyances of said Land to the purchaser or purchasers in fee Simple. And that they or Such of them as may act, do make a report to this Court in order to a final Decree A Copy Teste A Middleton DC [doc end] [Document 4 - report] [image 0284] In Obedience to an Order of the Worshipfull Court of Southampton beareing date Decemr. Court 1817 we the Undersigned have sold at publick. Auction the land which Joseph Britt (of John) .Died Seized & possessed of_ William Bowden became the purchaser and Give Bond with approved Security to each Legatee payable in 9 months given Under our hands ["and seals" struck] this 27th. da of February 1818- S. Boykin ŻŻ ŻŻŻŻ Willis Bowers Saml. G. Boykin [case end] ****************************************************************************** Southampton Co. Court Order Book 1816-1819 [p.] 261 At a Court Continued and held for the County of Southampton on the 16th. day of December 1817 Present Jeremiah Cobb, Silas Summerell } Benjamin Griffin and Peter Boothe} Gent Justices Rebecca Britt widow and relict of Joseph Britt deceased (of John) _ _ _ _ _ _ _ _ _ _ _ _ _Complainants } against } Henry Britt, Elias Britt and Laurence Britt infant } Children and heirs at law of Joseph Britt decd. (of John, } In by William Bowden their next friend appointed by } Ch'y the Court to defend them i this behalf _ _ _ _ Defendants} This Cause was this day docketed by Consent of the parties and assent of the Court and was heard on the bill and answer and argued by Counsel and after mature deliberation, the Court doth adjudge [order] and decree that Simon Boykin, Samuel G. Boykin, John Crump[-ler?] and Willis Bowers, or any three of them, do after giving three weeks notice of the time and place of sale expose the tract of land men[-tioned] in the bill whereof Joseph Britt (of John) died seized and poss[-essed] lying in this County, to public sale on a Credit of nine months they assign one Sixth part of the proceeds of the sale to the Compla[-inant] Rebecca Britt in lieu of her dower in the said tract of land [the] payment thereof to be secured to her by bond with approved security taken from the purchaser. That they assign to each of the defend[-ants] Henry Britt, Elias Britt and Laurence Britt one equal third of the balance of the proceeds of the sale of said land the payment thereof to be secured by bonds taken from the purchaser with app[-roved] security, and assign to the guardian or guardians of the said Henry, Elias and Laurence Britt, That they make a good and sufficient Conveyances of said land to the purchaser or purchasers in fee [simple] and they or such of them as may act make a report to this Court [in] order to a final decree ~ ___ ŻŻŻ [...] [p. 266] At a Court held for the County of Southampton on the 19th. day of January 1818 ~ Present James Harris, Carr Bowers } Gent. Justices George Gurley and Benjamin Griffin } [...] [p. 270] [...] Upon the petition of Willis Bowers, setting forth that he Stands bound for Michael Lowe, his due and faithful administration of the Estate of ["Michael" erased] Spencer Lowe decd. and that he apprehends himself ["of" erased] in danger of Suffering damages, thereby it is therefore ordered that the said Michael Lowe be summoned to the next to give Counter security for administration aforesaid ~ ___ ŻŻŻ [...] [p.] 275 [...] Commonwealth on behalf of Caty Britt, _ Complainant against } Upon a recognizance Horn ._ _ _ _ _ _ _ _ _ _ _ _ _ Defendant } for a breach of the p[eace] The prosecutrix Britt being solemnly Called, but Came't It is ordered that this prosecution be dismissed ~ ___ ŻŻŻ [...] [p. 436] At a Court of quarter Session held for the County of Southampton on the 21st. day of September 1818 Present Carr Bowers, Benjamin W. Johnston } Benjamin Griffin and Clements Rochelle } Gent. Justices [...] [p. 442] [...] // Rebecca Britt widow and relict of Joseph Britt decd. of John _Complt. } agt. } In Henry Britt, Elias Britt and Laurince Britt, infant children } Chy: and heirs at Law of Joseph Britt (of John), by William Bowden } their next friend appointed by the Court to defend them in this behalf Defts} The persons appointed heretofore Commissioners to make partition and division of the Estate of Joseph Britt (of John) this day made their report - [in] the following words and figures, To wit, "In Obedience to an order of the worshipful Court of Southampton bearing date december Court 1817 we the undersigned have sold at public auction the land which Joseph Britt (of John) died seized and possessed of William Bowden became the purchaser and gave bond with approved security to each legatee payable in nine months. given under our hands this 27th. day of February 1818, Simon Boykin, Willis Bowers, Samuel G. Boykin," Whereupon by Consent of the parties and with the assent of the Court It is ordered that the foregoing [Report] be held firm Stable and binding between the parties and that the [Costs] be proportionably born between them ~ ___ ŻŻŻ [...] Southampton Co., VA, Court Order Book 1816 - 1819, pp. 261, 436-37, 442 The Library of Virginia (LVA), Richmond, VA, Southampton Microfilm Reel 29 ****************************************************************************** Additional information: Joseph's father John BRITT left will 8 Feb 1786 (WB4:468-69); file at: http://files.usgwarchives.net/va/southampton/wills/b630j3wl.txt Joseph's brother Benjamin bought their father's plantation, then sold estimated 43-acre tracts to bros Joseph, Arrington & Beasant BRITT 6 Nov 1794 (DB8:126-28); a transcription of the deeds, with links to other germane transactions appended, is posted at: http://files.usgwarchives.net/va/southampton/deeds/08db125.txt Joseph BRITT & wife Rebecca sold 12½ acres 11 Feb 1808 to Timothy TYNES (DB11:407-08); file at: http://files.usgwarchives.net/va/southampton/deeds/11db407.txt The commissioners appointed by the court in this case conveyed the remainder of the 43-acre tract (30 acres +/-) to William BOWDEN, 21 Feb 1818 (DB16:124-25); file at: http://files.usgwarchives.net/va/southampton/deeds/16db124.txt William BOWDEN had purchased a 5-acre tract - adjoining from Beazant BRITT, Joseph BRITT & Timothy TYNES - John CRUMPLER Jr. & wife Mary, 27 Oct 1817 (DB15:375-76); file at: http://files.usgwarchives.net/va/southampton/deeds/15db375.txt Joseph Britt & Rebecca Powell m.bond 19 Apr 1796 sec/wit: John Crumpler; Jno.D. Haussmann (Southampton Co. M.Reg. 1750 - 1853, p. 108) Some extraneous data from the Order Books have been included. [BOWDEN, BOWERS, BOYKIN, BRITT, CRUMPLER, POWELL, TYNES] Contributed for use in USGenWeb Archives by: Matt Harris (zoobug64@aol.com) [brackets mine] file at: http://files.usgwarchives.net/va/southampton/court/1818_021.txt