Chancery Case: Lydia BAISDEN v. Extrs. of Samuel BAISDEN &c., 1825: 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, Case #1825.013 Virginia State Library and Archives, Richmond, VA abstracted by Matthew W. HARRIS [brackets & surname capitalization mine] [brief #1: 1 sheet, folded into 4 pages] [notes on back (p. 4 of 4)] No. 422 BAISDEN} v. } Bill GOLD } Nov.r 21.st 1825 Inj.c awarded [1st page of 4] To the worshipful the County Court of Southampton in Chancery sitting. Humbly complaining sheweth unto your worships your oratrix Lydia BAISDEN that she is the widow of a certain Samuel BAISDEN dec.d who died the last part of Dec.r last leaving a will which was duly admitted to record in this Court at the Jan.y term last, a copy of which is herewith filed & prayed to be made a part of this bill- that at the Same Court Charles G. GOLD qualified as the executor of the Said will being by it appointed the Sole Exor.- that the Said testator after several inconsiderable legacies [illegible in copy] the whole of his land & bequeathed the residue of his personal estate (after payment of his just debts) to your Oratrix- that afterwards the said GOLD made a sale of the personal estate (xcept the legacys) at which sale your Oratrix became a purchaser to a small amount, and other persons purchased the balance, which Sale to the other purchasers, was deficient for the payment of the debts only for a very small amount as your oratrix believes, only about eleven dollars,- that as the while property (except legacies) was after the payment of debt the property of your oratrix she Consented that she would take the rest of the property (except that which had been sold to others) [page break] [p. 2 of 4] and became herself responsible to pay the am.t due from the said estate that should be unpaid after applying to that purpose the am.t arising from the sale- that in Consequence of that arrangement, She executed a deed in trust to the said Exor., Conveying for his benefit her interest in the testator's estate to secure the payment aforesaid- that your Oratrix Can neither read nor write & that in Consequence of her ignorance she was impared upon in that transaction and the sum of Ninety four dollars 75 cents is spoken of as, 'the Consideration': but the Condition is the payment of the debts above spoken of- that your oratrix believes it is the intention of the said Exor. to enforce a sale of the property & make her accountable for more than the debts Contemplated in their agreement or the deed itself by chargeing her for the legacies which she did not purchase.- that a certain Johnson RAIFORD is the trustee to the said deed.- that she has reason to believe that she will be turned out of possession of her land under the deed & the same Perhaps sacrificed by sale when in fact there is little due from the estate of her husband dec.d; which would produce an irreparable injury to herself.- In tender consideration of the premises and in as much as your oratrix is [page break] [p. 3 of 4] without any manner of remedy unless this Court will interpose, it is prayed that the said Charles G. GOLD and the said Johnson RAYFORD (what are prayed defend.ts hereto) be restrained from selling the said land & other property above Conveyed or incommoding her in the possession thereof until a fair settlement Can be mad before a Comms.r of this Court shewing the am.t of the debts which were due from her testator- how far the Same have been discharged by the sales of the property to other purchasers, & a final decree rendered in this Cause, when she (as she has been always) will be willing to pay the Same or have a Sale of Such part of the Said Property as may be necessary- that the said defts. may answer hereto: & that the [illegible in copy] restrining & may issue & such general relief as may be equitable &c & as in duty &c. Lydia BAISDEN M.B. BROWN Lydia BAISDEN personally appeared before me and made Oath that the facts Stated in the foregoing Bill were true so far as She Knew or believed given under my land this 21.st Novemr. 1825 W.m E. DAUGHTRY. J.P. [brief #2- 1 sheet; endorsement continued on back, also notes] [notes on back] Samuel BAISDEN's Will: A Copy S.o ampton Clerks office October 27/ 1825 fifty cents paid for this copy [p. 1] In the name of God Amen I: Samuel BAISDEN of the County of Southampton and in the year of our Lord one thousand Eight hundred And Twenty four being of Sound Mind and perfect Sense and memory thanks be given to Almighty God and Concerning ["Considering" in other copies] the mortal life do give up my Soul into the hands of the Almighty God and for what worldly goods ["estate" in other copies] it hath pleased the Almighty to bless me with I give and divide and dispose of, as follows, Viz: Item I give unto my Daughter Margaret BOYKIN of Southampton County One Bed Two chest two pots one Bason three plates six Spoons to her and her heirs forever It is my will and desire that there Shall be personal property Enough Sold at my death to pay my just debts and the balance of my Estate both real and personal I lend unto my wife Lydia BAISDEN during her ["natural" struck out] life or Widowhood for the benefit of raising my Children Consisting of ["Containing" in other copies] one hundred acres of Land more or less Cattle hogs Beds, and furniture, Pewter, Pots Pans Chest, Trunks Tables Desk and Loom Earthen Stone and Glass, ware, &c.&c.&c. And after the death of my wife Lydia BAISDEN I give unto My Son, James BASDEN of Southampton County One hundred Acres of land more or less One Bed and furniture One Pine Chest One Desk One Bottle Case and tools of Every description to him forever I also give my daughter Martha BAISDEN of Southampton County One Bed & furniture one Hair Trunk one Woolen wheel one linnen Wheel one Loom to her forever [Behest to daughter Christian is omitted; she is not named in the chancery suit, and likely had died as a small child.] Lastly I do denominate and appoint my friend Charles G. GOLD of Southampton County my whole and Sole. Executor of this my last will and Testament and that I do disannul and make void all other former wills or Testaments heretofore by me made. In Witness whereof I have hereunto Set my hand and ["Seal" struck out] fixed my Seal this twenty first day of October in the Year of our Lord one thousand Eight hundred and Twenty four Samuel BAISDEN *Seal* Signed Sealed & pronounced in presence of Jesse READ Charles BRADSHAW Gilbert STEPHENSON At a Court held for the County of Southampton on the 17.th January 1825 This will was presented in Court by Charles G. GOLD the Executor therein Named proved by the oaths of Jesse READ Charles BRADSAW and Gilbert STEPHENSON the witnesses thereto and ordered to be recorded. And On the motion of the Said Executor who made oath according [page break] [continued on reverse] To Law Certificate is granted him for obtaining a probat thereof in due form On his giving bond & Security whereupon the Said Charles G. GOLD together with Willie DOLES and James STANTON his Securities Entered into and acknowledged a Bond in the penalty of One thousand Dollars, Conditioned as the Law directs Teste James ROCHELLE Cl A Copy, Teste James ROCHELLE, Cl