Chancery Case: BASDEN v. BASDEN & GWIN, 1773: Southampton County, VA Contributed for use in USGenWeb Archives by Matthew W. HARRIS, of Richmond, VA, Zoobug64@aol.com> ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Southampton Co., VA, Chancery Court Papers 1771-1788 abstracted by Matthew W. HARRIS [brackets & surname capitalization mine] [Image # refers to Library of Virginia Microfilm Reel 74] [1773] [brief #2- mutilated by folding (Image #194)] [notes on back] BASDEN} v. } Bill GWIN &} BASDEN} Jan.r 1772 bill filed &c. by Ser: 1773. Decree :fr Mor [1st page of 4 (Image #195)] To the worthy justices of Southampton County sitting [in] Chancery. Humbly complaining Sheweth unto your worships your oratrix Martha BASDEN of this county, That one Joseph your oratrix's brother, Sometime about the year of our lord 1744 departed this life having first declared & published his last will called a Nuncupative will whereby he declared that he gave one half of his estate to his brother Robert BASDEN & to his Sister your oratrix Martha BASDEN and the other half ["of his estate" struck out] to Ledbetter & Libourne LOWE which said will was duly proved & Recorded in the court of the county of Isle of Wight & administration with the said Will annexed was granted unto one James BASDEN (your oratrix father) who gave bond in the said Court with one James BASDEN jun: for his Security in the penalty of L [blank] for the due & faithful administration of the said estate & performance of the will [illegible-struck out] & to['ok u']pon [torn] himself the execution thereof- Your Orix further Sheweth that Some Short time after the death of the said Joseph BASDEN one John LOWE as the father & next friend of the afsd Ledbetter & Libourne LOWE the legatees in the said will & prosecuted a Suit in Chancery in the said court of Isle of Wight against the said James BASDEN the admor afsd for the recovery of the moiety of the said Joseph BASDEN estate so devised to them as afs'd in which Suit & before the said Court Such proceedings were had that each legatees part of the said estate was Settled & ascertained to which Said Will bond & proceedings in Chancery your Oratrix begs leave to refer & prays the Same may be taken as part of this her bill. Your Oratrix further Sheweth that is appears from the final decree in the aforesaid Suit that [illegible- struck out] your Oratrix was intitled to have rece'd from the sd James BASDEN the admor the Sum of eight pounds: ten Shillings in the year 1744. Your Oratrix further Sheweth unto your ["Oratrix" struck out] Worships that She was then an infant of very tender years & incapable of [page break] [2nd page of 4 (Image #196)] making any dem['and'- torn] of the afs'd Sum of money ["She" struck out] nor could She with a['ny'- torn] propriety as the said James BASDEN was her father & natural guardian that the Said Sum remain in the hands of the said James BASDEN until She arrived to the age of twenty one years [illegible- struck out] that your Oratrix continued to live & reside with the said James her Father [two lines of text struck out] that after his Slaves were dead or Sold & the rest of his Children removed from him & hath been for many years obliged by her labour & from her motives of parental Duty to assist in procuring him even a maintenance, Until the time of his death which happened Sometime about the month of the year of our lord [blank]. That your oratrix was witheld from legally demanding the afs'd Sum of L8.10 & interest as the said James the father always acknowledged the Same as a debt due your Oratrix & that he would by his will or in Some other manner amply [illegible- struck out] satisfy your Oratrix as well for what he was justly owing & also as an acknowledgement ['of'- unreadable] her tenderness, & care of him in his declining ['years' or 'age'- unreadable] which acknowledgements & promises your Oratrix thought were Sufficient from a father to his daughter more especially as the Same was frequently repeated before his neighbors & friends as witnesses- Your Oratrix further Sheweth that [illegible- struck out] the said James hath departed this life intestate without making any provision for the payment of the said legacy & interest so due & owing to your Oratrix as afs'd- that letters of Am'on hath been duly granted to the estate of the said James BASDEN unto ["James BASDEN jun his eldest Son & heir at law.- & Security in the bond so given to the Court of Isle of Wight for the adm'on of the said Jas BASDENs estate." struck out] John GWIN which said ["James BASDEN j:" struck out] John GWIN by virtue of his adm'on ["& of his heirs" struck out] & the said James BASDEN as the eldest Son (& heir at law entered into all the Lands whereof the sd James the father died [illegible- struck out] seised as also (possessed himself of all his personal Chattels)- to whom your Oratrix hath applied ["both" struck out] to the sd James BASDEN as a Security in the bond given to Secure the afs'd legacy to your Oratrix & to the sd JG as admor of the said James BASDEN & requested the payment of the said L8.10 with [page break] [3rd page of 4 (Image #197)] interest. But now so May it please your worships that She notw['ithsta']nding [torn] the said James BASDEN bound himself ['to Sec']ure [torn] the due adm'on of the said estate of Ja['mes'- torn] BASDEN & hath possessed himself as the heir at law ['of the'- torn] said James BASDEN the father of all of his Lands ['which'?- torn] are greatly more in [torn- 'va']lue than will pay y['our'- torn] Oratrix alledges that thereas se[-]ing personal assets yet they unjustly refu['s']e [torn] to comply with any reasonable requests of your oratrix ["which" struck out] sometimes the s.d James BASDEN pretend that he hath got Some discharge or Receipt from ["the said" struck out] your Oratrix- which of he hath your Oratrix charges the Same hath been obtained from her by undue & unfair & unlawful means & that none Such can be produced Since She hath attained her years of discretion at other times the sd JG pretends that he must adminster the estate of his intestate according to the dignity of the debts due & owing & that your Oratrix is not of dignity to be considered before the Estate is exhausted tho he is sensable tha['t'- torn] the estate rece'd by h['im'- torn] intestate, was a legacy de[- torn] to your Oratrix w['ho'- torn] was an infant of very tender years & therefore a['lwa']ys considered by this Worshipful Court as of the [illegible- torn] & greatest dignity. All which actings doings & pretences of the said Def.ts are contrary to equity & good conscience & tend to the utter ruin & impoverishment of your Oratrix In tender consideration whereof & forasmuch as your Or'x is remediless & only releivable in this worshipful Court To the end therefore that the said John GWIN the adm'or of the said Ja.s BASDEN dece'd & the said James BASDEN as his heir at Law may upon their respective Corporal[?] oaths full true & perfect answer make to all & singular the allegations of this bill as fully & particularly as if the Same were here again Repeated & interrogated & more especially that they set forth & discover Whether the said Joseph BASDEN had not depart this life, & make Just Will & disposition as before Sett forth, Whether the sd Jas BASDEN the elder [illegible- struck out] did not administer on the sd Josephs estate & give for his Security the sd James BASDEN j. his Son. Did the sd James the elder not possess himself of the estate of the said Joseph BASDEN? was not your Oratrix demand [illegible] & Settled in the year 1744 as L8.10, in the hands of the said [page break] [4th page of 4 (Image #198)] James BASDEN dece'd Did [torn] your Oratrix live with the said James BASDEN until She ['a']rrived [torn] to 21 years of age, & hath She not since that peri['od'- torn] lived & resided with the said James the father until ['the'- torn] time of his death & lend her assistance towards his support & maintenance, both as a Nurse & a Child. Hath not the James frequently in his latter days declared his intentions of providing for your Oratrix as a satisfaction , for the debt ak'd & as and acknowledjment of her Care & afectionate behaviour in the latter years of his life. Did not the said James propose doing the Same by will, what were his reasons for not carrying his intentions into execution, Is not the said James BASDEN the eldest Son & heir & become intitled to all the Real estate, whereof the said James the father dyed seised by means of his dying intestate; What is the Value of Such estate? Did not the said John GWIN administer on the said James's personal estate, & intermarry with the daughter of the said James BASDEN the Son.- was he a Creditor of the said James the father.- What is the amount of the said personal estate.- That your Worships will Decree & Order that. the said John GWIN the adm'or pay & satisfie unto your Oratrix the af'd Sum of L8.10. & interest from the time the Same was Settled & allowed to be in the hands of the s.d James BASDEN the elder. to wit. from the year 1744 if so much estate there may be in his hands to be admi'stred but if not that the said James BASDEN. may be compelled [illegible- struck out] (for Security for the said James BASDEN's the fathers due & faithful administration of the sd Joseph BASDENs estate or as his heir at Law to whom all the Lands are descended of the s.d James the father) to pay & satisfie to your Oratrix the afs'd Sum of L8.10. & int as afs'd. or that your Oratrix may in Some other manner be relieved by this worshipful Court may be agreeable to equity & good conscience May it please &c. [brief #3- mutilated by folding (Image #199)] [notes on back] BASDEN} v. } Spa in Chan~ GWIN &} BASDEN} Ex.d J SIMMONS [underlined] Sep.t Contd May 1772 Com. to exam Witns. June Cont.d for Deft. July Cont for dep June 1773 Cont.d depos: July Dep pub. & set for hear.g. [1st page of 1 (Image #200)] George the third by the grace of God [torn] at Britain France and Ireland king [torn- 'def']ender of the faith &c To the Sherif of Southam['pt']on [torn] County greeting We command You that y['ou'- torn] summon John GWIN administrator &c of J['am']es [torn] BASDEN dec'd & James BASDEN the Son & heir a['t l']aw [torn] of the Said James BASDEN dec'd to ap['pea']r [torn] before our justices of our Said County co['urt'- torn] at the Court house of the Said County on the Se['con']d [torn] thursday in July next to answer a bill ['in'- torn] chancery exhibited against him by M['art']ha [torn] BASDEN & have then there his writ wit['h'- torn] Richard KELLO Clerk of our Said court a['t the'- torn] courthouse Aforesaid the eighte['en']th [folded] day of J['une'?- torn] in the eleventh Year of o['u']r [folded] Reign R KELLO Cl [brief #4- mutilated by folding (Image #201)] [notes on back] BASDEN & GWIN} ads } Answ.r BASDEN-------} September 1772 Ansr filed and time Cop.d [?] 21.lcFore [?] Nov Rit & Com 73 Feby Cont fr Depos. May Cont.d for depo.s [sums on another panel of folds on back] 1772 [-]56 _____ 1716 [+]16 _____ 1732 [1st page of 2 (Image #202)] The joint & separate Answer of James BASDEN Son & Heir of James BASDEN ['Sen.r'- fold] & John GWIN Sen.r, to the Bill of Complaint of Martha BASDEN ['Complaintant'- remainder of line hidden by folded edge] These Defendants saving & reserving to themselves all Manners of Benefit & Ad['vantage'- torn] of Exception to the many Untruths Incertainties & Imperfections in the Complaintant['s- edge torn] said Bill of Complaint contained, for Answer thereto or to so much as they are advised matterialy concerns them to answer, Answer & say, that True it is, the said Joseph departed this Life about the Time & after making such Nuncupative Will as is in the Bill set forth. & that the said James BASDEN the Elder administred upon the Estate of the said Joseph with the said Will annexed, And the Said James Answering saith, that he does not recollect his being Security for his Father James's faithfull Administration of the Estate of the said Joseph, but rather believes that Hugh BASDEN & Matthew GRIFFIN were. The said James further answering saith, that the Complainants Part of her Brother Joseph's Estate was liquidated to the Sum & about the Time in the Bill mentioned: That the said Martha lived with her Father til the Time of hi['s'- edge folded] Death which happened about the twentieth Day of July one thousand seven hundred & seventy, but, instead of contributing her filial Assistance towards his Support & Maintenance in the Manner set forth in the Bill, he verily believes She was rather a Burthen, on Account of her having ["y"- struck out] had two Bastard Children of such a Complexion as [illegible] almost induced the said James her Father to expose her to the Blame & Contempt of the World, but in Compassion to her Misfortunes his parental Affection were engaged in her & their Preservation: He further saith, that during the Time the said Martha lived with her Father, he was unable to maintain himself, & must have fallen in the End of his Days as a Charge upon the Parish had he not been supported by this Respondent. That ["that" struck out] the said ["James" struck out] Martha in Consideration Her Father would Allow her to st['ay'- edge folded] with him & bring up her Children [torn- 's']he released all her Cla['im and Demand to'- remainder of line torn] the said Sum of Money & afterw['ards to Conf']irm [torn] her said ['Consent give a'- remainder of line torn] Written Release to her Father as Administrator of his Son Joseph bearing Date the twenty fourth Day of February one thousand seven hundred & forty nine/fifty to which both these Respondents beg leave to refer. The said James further Answering saith that he verily believes his father never promised the Payment of the Said Sum of Money to His Daughter upon his Death B['ed'- torn] or ever promised any thing else, & the Reason might be, because of her unfortunate Behaviour. That he is Heir at Law to his Father, & justly intitled to his Land, & altho he had a considerable Claim again['st'- torn] his Estate for which his personal Estate was liable, yet he was satisfyed with the Land & gave up the Rest for the Benefit of the Creditors. The [page break] [2nd page of 2- actually upper third of reverse of above page (Image #203)] The said John GWIN Answering saith, that true it is the said James died intestate; & that he administred upon his Estate, altho not a Creditor; that the said Estate amounted about the Sum of twenty eight Pounds eighteen Shillings & eleven Pence, the greatest Part of which he hath paid away for funeral Charges & in the Discharge of Bond Debts, That a Demand of the said Legacy had been by the said Martha, but he thought he would not be justifyable in neglecting other Creditors whose Claims were certain & pay her Legacy for which she had given to her Father a full Release & Discharge in his Lifetime, They both deny all unlawfull Combination & pray to be hence dismissed with their reasonable Costs &c. [brief #5] [notes on back (Image #204)] BASDEN} ads } Cop Ansr BASDEN} [1st page of 2] The Joint and separate Answers of James BASDEN Son and heir of James BASDEN and & John GWIN Sen.r to the Bill of Complaint of Martha BASDEN Compl.nt These Defendants saving & reserving to themselves all Manner of Benefit & Advantage of Exception to the many Untruths Incertainties and Imperfections in the Complain'ts said Bill of Complaint contained, for Answers thereto or to so much as they are advised matterly concerns them to answer and say that True it is, the said Joseph departed this Life about the Time and after making such Nuncupative Will as in the Bill set forth and that the said James BASDEN the Elder Administred upon the Estate of the said Joseph with the said Will annexed, And the said James Answering saith, he doesn't recollect his being Security for his Father James's faithfull Administration of the Estate of the said Joseph, but rather believes ["Henry" struck out] Hugh BASDEN & Matthew GRIFFEN were. the said said James further answering saith that the Complaintants part of her Brother Joseph's Estate was liquidated to the Sum and about the Time in the Bill mentioned that the said Martha lived with her Father til the time of his Death which happened about the twentieth Day of July one Thousand seven hundred: and seventy but instead of contributing her filial Assistance towards his Support and Maintenance in the Manner Set forth in the Bill he verily beleives she was rather a Burthen on Account of her having had two Bastard Children of Such a Complexion as [illegible- struck out] almost induced the said James her Father to expose her to the Blame and Contempt of the world but in Compassion to her misfortunes his parental Affection was engaged in her and their preservation he further saith that during the Time the said Martha lived with her father he was unable to maintain himself and must have fallen in the End of his Days as a Charge upon the parish had he not been supported by this Respondent That the said Martha in Consideration her Father would Allow her to stay with him and bring up her Children she released all her Claim and Demand to the said sum of money and afterwards to confirm her said Consent give a Written Release to her Father as Administrator of his Son Joseph [page break] [2nd page of 2, actually upper portion of reverse of above page (Image #206)] bearing Date the twenty fourth Day of February one thousand seven hundred and forty nine/fifty to which both these Respondents beg leave to refer. The said James further Answering saith that he verily believes his father never promised the Payment of the said Sum of money to his Daughter upon his Death Bed or ever promised any thing else & the Reason might be because of her unfortunate Behaviour. That he is Heir at Law t his Father and Justly intitled to his Land, and altho he had cosiderable Claim against his Estate for which his personal Estate was liable. Yet he was was satisfied with the Land and gave up the Rest for the Benefit of the Creditors. The said John GWIN Answering saith that true it is the said James died intestate and that he administred upon his Estate amounted about the sum of twenty eight Pounds eighteen Shillings and eleven Pence, the great.st Part of which he hath paid away for funeral Charges and in the Discharge of Bond Debts, That a Demand of the said Legacy had been by the said Martha, but he thought he would not be Justifiable in neglecting other Creditors whose Claims were certain and pay her Legacy for which she had Given to her Father a full Release and Discharge in his Life time, They both deny all unlawfull Combination and pay to be hence dismissed with Their reasonable Costs &c. Copy R KELLO Cl BASDEN [brief #6] [notes on back (Image #207)] BASDEN } v } Chan. Rec. GWIN & al.} [1st page of 2 (Image #208)] Isle of Wight Si This Day Jacob JONES of the County of Bute, and Province of North Carolina Came before me and Made Oath On the holy Evangelist of almighty God that the Insterment of Writting hereunto annexd; Whereof he is a Witness was Agreed to by the Partys and Executed in his Presence and that he the sd Jacob JONES was Called on a a Witness Between the Parties Certified from Under My Hand. the 19.th Day of February 1771. John ELEY Sr [2nd page of 2 (Image #209)] Know all Men that We Robert BASDEN and Martha BASDEN, Son and Daughter of James BASDEN, have had and Receivd each of Us Severally from the above named James BASDEN Administrator of Joseph BASDEN (son of the said James) Deceased The Sum of Eight pounds Ten Shillings Current Money of Virginia In full payment & Satisfaction of all Demands or Claims in either Law or Equity, that We the said Robert and Martha have or may hereafter have against the said James BASDEN Administrator of the said Joseph BASDEN Deceased As Witness our hands this [blank] Day of Febury 24 Anno Dom 1749/50 [brief #7] [notes on back- obscured by bleed-through (Image #210)] BASDENs bond fr adm'on of Jos. BASDENs est 1742 [1st page of 1 (Image #211)] Know all men by these presents that James BASDEN James BASDEN jun.r and Mathew GRIFFIN are held and firmly bound unto Thomas GALE gent the first Justice present in the Commission of the peace for the Isle of Wight County for and in behalf and to the sole use and behoof of the justices of the said County & their Sucessors in the Sum of one hundred ["pounds" struck out] and fifty pounds To the which payment well and truly to be made We bind ourselves and every of us our and every of our heirs executors and adm'ors. Jointly & Severally firmly by these presents Sealed with our seals. Dated this 24.th day of August 1742. The condition of the obligation is such that if the above bound James BASDEN administrator with the noncupative will annexed of all the goods Chattels and credits of Joseph BASDEN de'sed do make or Cause to be made a true and perfect inventory of all and Singular the goods Chattels & Credits & all other the goods chattels & Credits of the said Dec'sd. at the time of his death which at any time after shall come to the hands or Possession of the said James BASDEN or into the hands and possession of any other person or persons for him- do well and truly administer according to Law: And further, do make a Just and true account of actings & doings therein when thereto required by the said Court and all the rest and residue of the said Goods chattels & credits which Shall be found remaining upon the said adm'ors Account the same being first examined and allowed by the Justices of the Court for the time being shall deliver and pay unto Such person or persons respectively as the said Justices by their Order or Judgement shall direct pursuant to the Law in the Case made & provided & if it shall hereafter appear that any last Will & testament was made by the said Deceased and the ex'or. or ex'ors. therein named Do exhibit the same into the said Court making request to have it allowed and approved Accordingly if the said James BASDEN being thereunto required do render & deliver up his Letters of Adm'on Approbation of such testament being first had & made in the said Court Then this obligation to be void & of none effect or else to remain in full force & power & virtue: James BASDEN } LS) Mathew GRIFFIN } LS) James BASDEN jun} Sealed Delivered} in presence of} A Copy Rich:d BAKER Cl [brief #8] [notes on back (Image #212)] LOW } vs } Copy final Decree and Costs BASDEN} For Col.o OSHEAL Decree....17: 0:0 Atty fee.....15:0 to Clerk......418 tot Sher........55 _____ 473 Witnesses..375 Net ________ [1st page of 2 (Image #213)] At a Court Cont.d & held for Isle of Wight County June 26:th 1744 Liburn LOW an Infant by John LOW his Father } and Next Friend. And the s.d John LOW Adm.r &c} Plts} of Ledbetter LOW Dece'd.......................} v's } In Chancery James BASDEN....................................Deft} Joseph GRAY and John DUNKLEY Gent this day returned their report and Settlem.t of the Estate of Joseph BASDEN dece'd in these Words Viz.t In Obedience to an Order of the Worship.l Court of Isle of Wight County bearing Date the 26:th Day of March 1744 We the Subscribers on the fourteenth Day of Ap:l 1744 at the House of John DUNKLEY in the County afores.d did Settle and Examine an Account Current of the Estate of Joseph BASDEN deceased Produced to Us by James BASDEN Adm:r of the s.d Joseph having first given Credit in the s.d Account for the Sum of Thirty Pounds as by the s.d Order is derected. And do find that the Sum of Eight Pounds Ten Shillings is due to the Complainant Liburn LOW as his Proportional Part of the Estate of the s.d Joseph Deceased. And also that the Sum of Eight Pounds Ten Shillings is due to John LOW as Administrator of Ledbetter LOW in Right of the representatives of the s.d Ledbetter LOW as their Proportional Part of the s.d Joseph's Estate as may appear by the Account hereunto annexed. In Consideration thereof It is Ordered and Decreed by the Court That the s.d James BASDEN Adm:r &c of Ledbetter LOW dece'd Eight Pounds Ten Shillings, And also one other Sum of Eight Pounds Ten Shillings to the s.d John LOW as Father and next Friend to his son Liburn LOW together with his Costs by him in this behalf expended. And It is further Ordered that the s.d John LOW do give the Court Sufficient Security to indemnifie them for the Sum afores.d The [page break] [2nd page of 2, actually upper portion of reverse of above page (Image #214)] The Costs l[b] Tob.o {Subpana 15 Bill 10 Docketing Causes 5 enter } {Atty 5 file papers 10 Continuance 15 Cont.ce } {15 Copy BASDENs Answer 16 file replica :10 } {Order 10 Dedimus 25" Examine Witnesses Cont:ce } {15 Cont:ce 15 file 5' Depositions 25 Cont.ce 15.} Clk's Fee {Copy Order 10 file 1 Dep'on 5 Tryal 10 Swearing } 418 {Witnesses 10 Enter Decree 15 Subp': 4 Witness } {40 [illeg.] for 3 Witnesses Attendance 30 Copy } {Decree 10 Tax Costs & Copy 11 Copy Orders for } {3 Witnesses Attendance 30 Enter final Decree } {15 Copy s.d Decree 10 Tax Costs and Copy 11 } {against BASDEN..................................} Sherif's Fee {Serving Subpana in Chancery 15 Summoning } 55 {4 Witnesses 40...............................} Witn:s Att:en {William JONES 125 l[b] Tob:o for five Days At-} {tending, Sarah JONES 125 for five Days } N:t 375 {Att.ce, Rob.t JOHNSON 125 for five Days Attend} {ance..........................................} Lawyer's Fee 15/. or 150 l[b] Tob:o/ Copy Teste Ja:s BAKER Clk: [brief #9] [notes on back (Image #215)] BASDEN} v } Ded BASDEN} Potin [at right angles, on another panel of the folds] The execution of this Commision appears by the depositions of John LOWE & Rebecca his wife hereto annexed: [1st page of 2 (Image #216)] Southampton S1 George the third by the grace of God of Great Britain France and Ireland king defender of the faith &c To Thomas WILLIAMSON & Elias HERRING Gent. Greeting Know Ye that We trusting to you fidelity and provident circumspection in diligently examining whatsoever witnesses as well on behalf of, Martha BASDEN pltf as on behalf of John GWIN adm.r of Ja.s BASDEN dec'd & James BASDEN son & heir at law of the afores.d Jas. BASDEN and defendts Command You or any ["two" struck out] one or more of You that at such certain day, and places as you shall appoint you assemble [illegible- struck out] the Witnesses afores.d before you or any two or more of You ["Y'all" struck out] and cause to Come and diligently examine on the holy evangelists of Almighty God & their examinations into our Court of our county of Southampton without delay you shall send and certify [illegible- blot] returning also to us this Writ Witness Richard KELLO clerk of our said Court at the courthouse aforesaid the 14.th day of November in the 13.th Year of Our Reign Richard KELLO Cl [2nd page of 2 (Image #217)] John LOWE of full age being first [illegible- struck out] sworn deposed & Saith that he was very intimate in the family of old James BASDEN having married one of his daughters that the plt. for a great number of years lived with her father particularly in the last years of his life that She chiefly Supported him by her industry & labour & ws particularly dutiful & obedient to him and more so as this deponent believes owing to her desire of obtaining his forgiveness for the former errors of her Conduct. That not long before the said James departed this life this deponent at Sundry times mentioned to him the affair between him & his daughter respecting the legacy of her brother Joseph to her. which had been rece'd by the said James, when the said James told this deponent that he acknowledged that he owed her the money but that he had it not, yet he would give her the full worth of it & that he would give her a piece of land to live upon, the Crop upon the ground a bed & bedstead a Cedar Chest. a young horse to help make her bread, that this conversation the depon.t communicated to the plt Martha & advised her to accect of them. but she answered [illegible- struck out] that it was her Money She wanted. and further she Saith not John LOWE June 8. 1773 Sworn to before me Elias HERRING ["The" struck out] Rebecca LOWE [illegible- struck out] aged fifty six years being first Sworn deposed & saith that She is daughter to James BASDEN dece'd that this deponent remembers that the plaintif was born about three Months ["after" struck out] before the marriage of this deponent that ["her birth" struck out] the birth of the plt. She thinks was about the 12. day of July 1732 & this deponent Was married on the second day of November following & in the year. 1732: and further She saith not Rebeckeah LOWE R her Mark June 8. 1773 Sworn to before me Elias HERRING [1st page of 2 (Image #218)] [notes on back- obscured by bleed-through] BASDEN} v } Depin BASDEN} [2nd page of 2 (Image #218)] Southampton County Lightbourn LOWE of full Age being first Sworn saith that he asked Martha BASDEN the Reason of her Giving a Discharge to James BASDEN the Elder her Reply was Because her Father let her live with him to Raise her Children and further Saith not Lighborn LOWE June 30. 1773 Sworn to before me Elias HERRING Southampton County Thomas JONES of full age being first Sworn saith that he was at James BASDENs & he heard the said BASDEN say he Intended to give his Daughter Martha BASDEN 1 feather bed and Chest. the said Martha Replyed and Said she wanted her Money and Demanded a bond of her Brother James BASDEN which he Refused to give and further saith not Tho.s JONES + his Mark June 30.th 1773 Sworn to before me Elia HERRING