Southampton County Virginia USGenWeb Archives Court.....Goodman v. Howell, 1853 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton Co. Chancery Case 1853-006 Harriet Goodman &c. by etc. ~ Petition of William A. Massenburg v. Anthony M. Howell etc. Goodman vs Howell The petition of William A. Massenburg respectfully represents that he is informed that a Suit is now pending in this court for the sale and division of the land and Negro’s belonging to the children of Emma Howell deceased, which they claim under the Trust Deed in the presentings mentioned. Your petitioner prays ___ ____ ______________ to file his claim in said court against him of the children of the said Emma Howell and against all the beneficiaries in said Deed for medical services to the said children and to the slaves part of the Trust subject as shown by the account herewith filed. The said services were rendered whilst the children and slaves were sufferers from violent attacks of the small pox of which disease the mother, Emma Howell had died but a short time before and your petitioner is advised as the said children have no other Estate and not quartered with services rendered with slaves were _____________ to the freeworkers of the Trust subject in part that this court by virtue of its equipable powers in the administration of Trust Ethics and management of infant’s property with like cognizance of his claim in this suit and direct an inquiry before a commissioner of the court __ _ __ amount of his demand justly chargeable in the Trust subject and before deciding a distribution of the Trust decree judgment of his claim out of the Trust Estate & be ________ accordingly. W. R. Massenburg by T. Taylor Nov. 8, 1851 To The Hon. Richard H. Baker Judge of the Circuit Court of Southampton County In Chancery Humbly complaining show unto your Honor your complainants Harriet Goodman & Maria Scott, by Arthur Whitehead their next friend that in the year 1849 their father & mother Anthony M & Emma Howell finding it impossible on account of domestic differences to live amicably together agree to separate, and accordingly on the 30th day of June 1849 enter into articles of separation, by which a tract of land lying in the said county containing acres which was the property of the said Emma before her marriage with the said Anthony M, together with a negro woman slave named Judith and four children and other chattel property therein specified were consigned to John Moore as Trustee for the benefit of the said Emma Howell during his natural life and at her death for the further benefit of her four daughters. Your complainants and their sisters Milley (sometimes called Susan) and Emaline, who are the only children of the said Anthony M & Emma Howell except their only brother, Henry Howell who is not provided for in the said articles of separation, all of which will fully appear by a copy of the said articles of separation herewith filed marked (A) and prayed to be taken as part of the bill. That in the months of February 1851 the said Emma Howell died and your complainants are worried it would be to the interest of all concerned that the said property should be sold and the proceeds applied for the benefit of those entitled. - Your complainant Harriet Goodman would further show that in the year 1848 she intermarried with Peter Goodman who was then and is now considerably indebted. That she really believes the said never obtained any credit or the faith of the reversionary interest she held in the property accepted by her mother, that the said articles of separation never contemplated providing for the auditors of the said Goodman but only for the support and maintenance of the said Emma Howell during her life and at her death for the support and maintenance of your complainant and their sisters and she apprehends that if her interest in the said property is permitted to fall into the hands of her husband it will be seized by his auditors and she and her infant child left without the means of support. And your complainant Maria Scott would further show that in the year 1849 a short time prior to the date of the said articles of separation being very young and imprudent she eloped from her family and intermarried with John Scott, that the said Scott was entirely unable and unwilling to provide for her care the most common necessaries of life and was in other particulars so offensive that often living with him only about two weeks, she found herself compelled to separate from him, since which she has been supported by her mother; that the said Scott never incurred any aspirations on his account and is not entitled to receive any portion of her property. That he is totally insolvent and worthless and should the said interest which your complainant is entitled to in the said property pass into his hands it would never be of any benefit to your complainant whatever. Your complainants are advised that it is within the jurisdiction of this honorable court to direct a just and equitable disposition of the said property and to order that such part thereof as your complainants are entitled to be settled on them for this separate use and benefit that the said Milly Emaline and Henry Howell are infants of tender years. In tender consideration of all which and in as much as your complainants are without remedy in the promises except in a court of equity where matters of this kind are particularly cognizable, to the end therefore that justice may be done, they pray your Honor to make Anthony M. Howell John Moore Peter Goodman John Scott, Milly Emaline, & Henry Howell Defendants to this bill and proper persons may be appointed guardian ad litem to defend the infants, and that the said Defendants answer all & singular the matters herein before stated and charged as fully and particularly as if they were herein after repeated and this thereto distinctly interrogated. That the ordinary writ of subpoena may issue, that the said John Moore may be compelled to render an account of his transactions as trustee before a commissioner of this court. That your Honor will direct the said property to be sold and so much of the proceeds thereof as your complainants may be entitled to, to be invested in State Stock or other safe account for the sole and separate use and benefit of your complainants, And to grant such others and general relief in the promises as equity may dictate and as duty bound they will ever pray & may it please your Honor. Chambliss & Massenburg Goodman }Answer vs } of Howell }Infants 1851 April Rules The joint & served answer of Henry, Milley, & Emaline Howell, infants under the age of twenty one years & L R Edwards their guardian and ????? to a bill complaint filed against them and Harriet Goodman & Maria Scott. These Defts now and at all times n???? saving & resuming & for answer to the said bill of complaint as so much thereof as they are advised it is material or necessary they should make answer and to answering seriously, say that they are ignorant of the accusations of the said bill and being infants of tender years they submit their rights & interests to the care & protections of this honorable court and having answered they pray same to be dismissed with this reasonable court. Chambliss & Massenburg Attys The answer of John Scott to a bill of complaint filed against him & others by Harriet Goodman & Maria Scott. This defendant saving now & always hereafter i.e., for answer to the said bill of complaint or as much thereof as he is advised it is material for him to answer, says he admits that there was made a deed of settlement by Anthony M. Howell & his wife Emma in the year 1849, conveying land, slaves & other chattel property to the said Emma during her life, and at her death to be conveyed to his children as charged in the said bill i.e., that she the said Emma Howell has since died. This defendant further admits that in the year 1849 he intermarried with Maria Howell, that is true that their marriage was consummated in the state of North Carolina, but he states and avers that Emma Howell, the mother of the said Maria, was privy to and cognizant of the intentions of her daughter to elope with him & that she objected not hereto. The charge in the said bill of complaint that this defendant was entirely unable & unwilling to provide for his wife the most common necessaries of life is utterly & entirely false. On the contrary he had provided her with a good & comfortable house & with such furniture, provisions i.e., as are usually enjoyed by persons in his condition in life. This defendant states further that he & his wife always lived peacefully & happily together, and that he is ignorant of the cause of her departure from him unless it be attributed, as he thinks it justly should be to the dangers of some wicked person or persons, seeking to seduce her from the ______________of virtue. He is now & ever has been willing and anxious that his wife should return to him as he still retains his affection for her, and is sufficiently able & willing to provide for and protect her. This defendant knowing these facts to exist and entertaining feelings should his wife again return to him for support & protection, which in duty bound, he feels he would be compelled both morally & legally to render, insist that the portion of the property both real and personal to which his wife would be entitled in consequence of the death of her mother, should come into her possession to enable the better to provide for her, and this be considered reasonable, in as much as he is known to be a man of sober, frugal & industrious habits. All of which this defendant is ready to prove as this honorable Court may direct. And having answered he prays to be hence dignified with his reasonable cost i.e. John Scott Jno J. Kindred, Atty. for deft. Virginia ¬¬_ Southampton County - To Wit I hereby certify that the above named John Scott personally appeared before me, a Justice of the Peace in the County and state of afore said and made oath that the facts and allegations stated in the foregoing answer, are true so far as he knows or believed. Given under my hand and seal this 2nd day of May AD 1851. ___________ P. Nichols, JP Goodman } vs } May Term 1851 Howell } The subpoena awarded in this cause having been returned executed on the defendants John Moore and Anthony M. Howell and they still failing to appear and answer although two months have elapsed as well since the plaintiffs filed their bill as since the service of this subpoena, or motion of the plaintiffs their bill is taken for confessed as to the Defendants Anthony M. Howell and John Moore and the cause came on to be heard on the bill exhibits depositions and answers of John Scott, Peter ^??????? to said answers Goodman and the infant Defendants and was argued by council on considerations whereof the court doth judge order and ^one of the commissioners of the court decree that John Moore who is hereby appointed a sworn ascertain the quality & value of the land in the previous mentioned and whether commissioner for that purchase shall after giving due the interest of the parties entitled thereto will be permitted a sale of the notice proceed to sell the said land, slaves, and when entire tract in an allotment of part thereof and the sale of the residue and property mentioned in the said deed executed on the 30th day make report. of June 1849 at such time and place as he may think best at public auction to the highest bidder, that he reserve so much of the proceeds of said sale in cash as may be necessary to defray expenses of this decree and for the balance take bonds with approved security payable six months after date and report. To this court and that we further report what debts incurred by Emma Howell for on expenses for the support of herself and family since the 30th day of June 1849 are still unpaid, and also debts have been incurred since her death in support of her family and the presentation of the property aforesaid. But the said John Moore shall have no authority to set under this decree until he shall execute in the clerk office of of this court a bond in the penalty of $3000 with security who shall justify on oath as to his sufficiency conditioned faithfully to perform the duties herein assigned him. Southampton Circuit Court May the 5 1851 Harriet Goodman and Maria Scott Pltffs} Against }In Chancery John Moore, Anthony M. Howell, Milly Howell, Emaline Howell, Henry } Howell, Peter Goodman, John Scott Defts } The subpoena awarded in this case having been returned executed on the defendants John Moore and Anthony M. Howell and they still failing to appear and answer although two months have elapsed as well since the Plaintiffs filed this bill as since the service of the subpoena, on the motion of the Plaintiffs their bill as taken for com??? As to the defendants Anthony M. Howell & John Moore and the cause came on to be heard on the bill, exhibits depositions and answers of John Scott, Peter Goodman, and the infant defendants replications to said answers and was argued by Counsel. On consideration whereof the Court doth adjudge, order, and decree that one of the Commissions of this Court ascertain and report in Court the quantity and value of the lands in the proceedings mentioned, and whether the interest of the parties ?????? thereto will be promoted by a sale of the entire tract or by an allotment in part thereof and a sale of the residue and make report. A Copy Teste L R Edwards C C Goodman } Vs } Notice Howell } Executed James A. Gill Deputy of ??????? Southampton Circuit Court May the 3rd 1851 Harriet Goodman and Maria Scott Pltffs Against John Moore, Anthony M. Howell, Milly Howell, Emaline Howell, Henry Howell, Peter Goodman & John Scott. The subpoena awarded in this case having been executed on the defendants John Moore and Anthony M. Howell and they still failing to appear and answer although two months have elapsed as well since the plaintiffs filed their bill as since the service of the subpoena on the motion of the plaintiffs their bill is taken for conference as to the defendants Anthony M. Howell & John Moore and the cause came to be heard on the bill exhibiting depositions, and answers of John Scott Peter Goodman and the infant defendants and replications to said answers and were argued by counsel. On consideration whereof the Court doth adjudge order and decree that one of the Commissioners of this Court ascertain and report to Court the quantity and value of the land in the proceedings mentioned and whether the interest of the parties entitled thereto will be promoted by the sale of the entire tract or by an allotment of part thereof and a sale of the residue and make report. A Copy Teste L R Edwards C C Commissioners Office, July 14th 1851 The parties interests in the above decree will take notice that I have appointed Tuesday the 19th day of August & next at my office in the town of Jerusalem to take the accounts directed by said decree when and where they are required to attend. Wm. W. Cobb - Comm Goodman &c } V } Decree Howell &c } This cause came on this day to be again heard on the papers formerly read and on the report of Commissioner Moore made and returned to Court in pursuance of the decreed order entered in the November term 1851 to which there is no exhibition and was argued by Counsel on consideration, whereas the Court conference said u??? doth adjudge order and decree That the said John Moore who is hereby appointed a special Commissioner for that propose, r????? and collect the said bond of the said John M. Leasley and William Borden, and out of the amount collect on the bond of the said pay f???? the costs of this suit and the balance pay over as follows to wit: ¼ to the guardian at litem of Susan Howell, ¼ to the guardian at litem of Emmaline Howell, ¼ to the Trustee of Harriet Goodman herein after appointed and ¼ to the trustee of Maria Scott herein after appointed: and that he pay over the account collected on the bond of William Borden.as follows to wit: 1/5 to the guardian at litem of Henry Howell, 1/5 to the guardian at litem of Susan Howell, 1/5 to the guardian at litem of Emmaline Howell, 1/5 to the Trustee herein after appointed of Harriet Goodman, and 1/5 to the Trustee of Maria Scott herein after appointed - and the Court being of opinions that the said money should be settled on the said Harriet Goodman and Maria Scott for their sole use and benefit doth hereby appoint John Moore as Trustee to receive the same and to pay it out for the benefit and to the order of the said Harriet Goodman and Maria Scott, but that the said Moore shall have no power to act as Trustee as aforesaid until he shall with sufficient security have^ entered into bond in the Clerks office of this Court in the penalty $500 in each case of one thousand dollars conditioned faithfully to perform his duties as Trustee - And the Court doth further order that that the said Moore report his proceeding as Commissioner to this Court in order for a final decree, but that he shall have no authority to act under this decree until he shall have entered into bond in the Clerks office of this Court in the penalty of Two Thousand dollars conditioned faithfully to perform the duties herein ?????? ???? as the cornet of the Court. To Anthony M. Howell and Henry Howell Take notice that 26th day of April 1851 between the hours of nine AM & six PM at the office of Chambliss & Massenburg being in the town of Jerusalem and County of Southampton, I shall proceed to take the depositions of Certain witnesses to be read as evidence for me in a suit now pending in the Circuit Court of Southampton whereas I and Maria Scott are Plaintiff and you and others are Defendants - Given under my hand this 14th day of April 1851 Harriet Goodman THE COMMONWEALTH OF VIRGINIA To the Sheriff of Southampton County, Greeting: We command you that you summon John Moore, Anthony M. Howell, Milley Howell, Emaline Howell, Henry Howell, Peter Goodman, & John Scott to appear at the Clerk’s Office of our Circuit Superior Court of Law and Chancery for the County of Southampton, at the Rules to be holden for the said Court on the first Monday in March next, to answer a Bill in Chancery exhibited against them in the said Court by Harriet Goodman & Maria Scott And unless shall answer the said Bill within four months thereafter, the Court will take the same for confessed, and decree accordingly. And this they shall in no wise omit, under the penalty of $100. And having then there this writ. Witness, LITTLETON R. EDWARDS, Clerk of our said Court, at the Court-house, the 27th day of February 1851, in the 75th year of the Commonwealth. L R Edwards C C [One Copy to be delivered each Defendant] Goodman } VS. } Howell } Comms. Office Sept 17th 1851. Pursuant to the decree of the Circuit Court of Southampton County pronounced at May term 1851 in the Chancery suit of Goodman vs. Howell, the Commissioner gave notice to the parties to appear at this office in the town of Jerusalem on Tuesday the 19th day of August 1851 with the necessary evidence to enable him to comply with the acquisitions of the said decree. On which day the Commissioner proceeded to ascertain by proper testimony the facts acquired by said decree, and begs have to make the following report. The Commissioner reports that the tract of land mentioned in the above suit of Goodman vs. Howell is supposed to contain about one hundred and twenty acres and that the value of the said tract land is estimated at $4.50 per acre - The Commissioner reports that he thinks from the testimony given before him that the interest of the parties entitled to the said tract of land would be better promoted in a sale of the entire tract, than by an allotment of tract thereof and a sale of the residue. Respectfully submitted Wm. W. Cobb - Comm. Commissioners fee: $10.00 charged to the Plaintiffs Comm. Goodman } VS. }Report Howell } The Commissioner reports that the pursuance of the decree of the Circuit Court for the County of Southampton entered at the November Term 1851 & proceeded on the 13th day of December 1851 to sell the land in the decree mentioned to the highest bidder and that William Borden became the purchaser. Amt of sale $600.25 Commissioners fee 23.00 Balance due 577.25 For which the balance the Commissioner took the bond of said Borden with security which is herewith returned - The Commissioner then proceeded on the 15th of December to sell the slaves in the decree mentioned as follows. Judy and 2 children to Jno M. Gurley $700.00 George 231.00 Agnes 300.00 $1231.00 Comms. 30.77 Balance $1200.23 For which balance the Commissioner has taken two bonds from Surley with good security one for $931.00 and the other for $269.23 which are herewith returned. Respectfully, John Moore, Jr Goodman } VS. }Report Howell } John Moore special Commissioner reports that in pursuance of the decree of Nov, Term 1851 he collected the bond therein mentioned and paid out the proceeds as directed to wit; 1853 April 18 Amt to Jno M. Surley due Decm 15 1851 } $1200.23 Int therein to this date } 96.61 By comms. On $1296.84 at 2 percent } 25.93 1296.84 Costs 42.90 68.83 $1228.01 The balance of $1228.01 to be distributed in 4 parts To wit; ¼ to the guardian of Susan Howell $307.00 ¼ " ¼ " " " Emaline Howell 307.00 ¼ " ¼ " " Trustee of Harriet Goodman 307.00 ¼ " ¼ " " " " Maria Scott 307.00 ¼ $1228.01 1853 April 18 Amt of Wm Borden’s bond due Decm 13th 1851 $ 577.75 Int therein to this date 46.86 624.11 By comms on $624.11 at 2 percent $12.48 611.63 The balance of $611.63 to be divided in 5 parts To wit; 1/5 to the guardian of Henry Howell 122.32 3/5 " 1/5 " " " Susan Howell 122.32 3/5 " 1/5 " " " Emaline Howell 122.32 3/5 " 1/5 " the Trustee of Harriet Goodman 122.32 3/5 " 1/5 " the " " Maria Scott 122.32 3/5 611.63 The Commissioner further reports that he has given bond & security as directed, as Trustee for Harriet Goodman & Maria Scott and in that deposit has returned the amounts reported due to each; that he has also qualified in the County Court of Southampton. This Indenture made and entered unto this 30th day of June 1849 between Anthony M. Howell of the first part John Moore of the second part and Emma Howell of the third part. Witnesseth that whereas the said Anthony M. Howell and Emma Howell owing to unhappy domestic differences which render it almost impossible that they can live together in peace and harmony have mutually agreed to live separate and apart, and the said Anthony M. Howell being willing to make provision for his wife and for the further consideration that she shall which she does hereby relinquish all her rights title and interest which she now hath or hereafter may have to any portion of his estate whether real or personal either as d????ss or as distributor or in any other manner or any claim on him or his estate for future maintenance and support as well as for the further sum of one dollar to him in hand paid by the said John Moore the following property to wit. The tract of land lying in the County of Southampton in which the said Emma Howell now resides known as the old place containing about 120 acres be the sum more or less adjoining the lands of Elizabeth Johnson and others it being the tract of land owned by the said Emma as the home of her intermarriage of the said Anthony M. Howell together with all the buildings and improvements thereon and the appurtenances of every kind thereunto belonging (with the exception of one acre on which she shall house and fixtures are returned with full ingress and egress, all his existing rights title and interest to which is hereby received to the said Anthony M. Howell also all the household and kitchen furniture of every description, and the stock of hogs cattle and sheep now in this said tract of land also one good work horse worth not less than $30 one ??? of pigs one ox, one cart & gear and one plough and gear, also twenty barrels of corn and 3000 pounds of fodder to be delivered by the said Anthony M. Howell on the said tract of land, also one woman slave Judy & three children and their increase. To him the said John Moore his heirs and assigns forever To have and to hold the said property free from the claim or demand of him the said Anthony M. Howell. And he the said Howell for himself and his heirs Exrs Admrs And assigns doth hereby covenant and agree that he will not in any way set up any claim to the property hereby conveyed being in part the property which the said Anthony M. Howell got by his intermarriage with the said Emma his wife, nor to any property which the said Emma may hereafter in any way acquire. And the said John Moore and Emma Howell do hereby covenant by and with the said Anthony M. Howell that she the said Emma will not claim or demand from the said Anthony M. Howell or his heirs or assigns any part of his money or property which he now has or may hereafter in any way acquire, but that it is understood and mutually contracted by the said Anthony M. Howell Emma his wife that they shall live separately and apart and neither is to exercise control or authority over the person or property of the other neither that which they now have or may hereafter acquire, and the said Jno Moore does hereby convey and agree to hold the said property in Trust for the sole use and benefit of the said Emma Howell during her life subject to her management and control, the profits of the said tract of land increase of the stock to be disposed of as she may direct, and to be made over after her death to the daughters of the said Anthony M. Howell and Emma Howell to wit; Harriet Goodman, Maria Scott, Milly & Emaline Howell, or the children of such as may die previous thereto. In testimony whereof the parties hereunto set their hands and seals the day and year frist above written. A.M. Howell {SEAL} Her Emma X Howell {SEAL} Mark John Moore, Junr. {SEAL} Southampton County In the Clerks Office the 5th day of July 1849. This deed of separation and conveyance between Anthony M. Howell of the first part Jno Moore Jr. of the second part and Emma Howell of the third part was acknowledged by said Anthony M. Howell and admitted to record. Teste: L R Edwards CC A Copy Teste: L R Edwards CC KNOW ALL MEN BY THESE PRESENTS, That we John Moore Jr and are held and firmly bound unto the Commonwealth of Virginia, in the just and full sum of Two thousand Dollars, for the payment of which, well and truly to be made, we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this 22nd day of January , 1853 The Condition of the above Obligation is such, That whereas the above bound John Moore Jr. has by a Decree of the Circuit Court of Southampton County pronounced on the 10th day of November 1852, in a cause therein pending wherein Harriet Goodman & Maria Scott by the Plaintiffs and Anthony M. Howell and others ------------------------Defendants, receive and collect been appointed Commissioner to make sale of certain bonds therein described Estate in the said cause described. Now if the said John Moore, Jr shall faithfully discharge his duties as such Commissioner under said decree, then this obligation to be void, else to remain in full force and virtue. Signed, Sealed, and delivered} in presence of John Moore, Jr L.S. Jno M Gurley L.S. Printed at the Intelligencer Office, Suffolk, Va. [The Library of Virginia (LVA), Richmond, VA Southampton Co. Chancery Case 1848-037 (Original Case No. 11) LVA Microfilm Reel #447; Local Reel #772; Image #164(+>>)] Contributed for use in USGenWeb Archives by Keith Howell. m0aje@yahoo.com and edited by File Manager.