Chancery Case: William BOYKIN et al. v. Lydia BAISDEN et al., 1829: 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 #1829.003 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.] 444 W.m BOYKIN & al. v. } Bill. Lydia BAISDEN & al. BAKER. May 15.th 1826 bill filed Nov. 21.st 1826 ans.r of Inf.t Defts filed Mar. 20.th 1827 ans.r filed - March 24.th 1827. Gen.l commission to take deposition issued Nov. 1826 E. BUTTS appointed special Guardian to infant Defts. James, Martha and Sam.l BAISDEN So. ampton Co. Co: [page break] [p. 1 of 4] To the worshipful the Court of Southampton County in chancery sitting Humbly complaining shew unto your worships your Oratrix William BOYKIN and your Orators and oratrices Samuel BOYKIN, Martha BOYKIN, Betsey BOYKIN & Joseph BOYKIN infants suing by the said William BOYKIN their father and next friend, that your Orator William intermarried with Peggy the daughter of Samuel BAISDEN; that by the said Peggy your Orator William has four children, namely, your infant orators and oratrices, since which, the said Peggy has departed this life; that in the life of the Said mother of the said infant orators and oratrices, the said Samuel BAISDEN, by a good & sufficient deed Conveyed, to the said Peggy, she being then his only child and the wife of your Orator William, a certain tract or parcel of land, containing about [blank] acres situate in the said county of Southampton; the said conveyance was duly & legally executed in Consideration of natural love & affection, some time about the year 1816, and delivered to a certain Silas SUMMERELL, a justice of the peace for the Said County to be recorded; and your Orators & Oratrices further Shew that before the said deed was recorded, the said Samuel BAISDEN became dissatisfied and called upon the said Silas SUMMERELL for the same, which however the said Silas SUMMERELL refused to deliver; the said Samuel BAISDEN subsequently called upon your Orator William for the Said deed, threatening to beat and do him personal harm in case of his refusal; but your Orator [page break] [p. 2 of 4] refused to deliver it; indeed your Orator William, had he been disposed to Surrender his own right and interest in the said land, Could not legally have delivered the Said deed, because his children, the said infant orators and oratrices were then entitled to the fees simple estate in the said land, (saving the right of your Orator William as tenant by the Courtesey) as heirs of their Said Mother; The said Samuel BAISDEN, after the execution of the said deed married a second wife, by whom he had three children, to wit, Samuel, James & Martha, all infants and living as also his widow named Lydia BAISDEN; This change of Situation on the part of the said Samuel BAISDEN the elder, combined with other circumstances, induced him again to apply to your Orator William for the said deed, making[?] as he had before, threats of Serious personal injury to the said William in the want of his refusal; under these circumstances Your Orator William, by reason of the force, threats and abuse of the said Samuel BAISDEN, consented to the surrender of the said deed, upon the condition that said Samuel would by deed or otherwise give the said land to your infant orator Samuel, grandson of the said Samuel BAISDEN the elder; upon these terms & with this understanding the said deed was Surrendered and destroyed, since which time the said Samuel BAISDEN has died, leaving a will (a copy of which is hereto annexed), in which he disposes of the said land in favor of his widow the Said Lydia BAISDEN, & his children by his last marriage, in violation of his said agreement & to the great injury of your Orators & oratrices- In Tender consideration whereof &.c To the end therefore that [page break] [p. 3 of 4] the said Lydia BAISDEN, and the said Samuel BAISDEN, James BAISDEN & Martha BAISDEN, the threee last, being infants by some person to be appointed their guardian ad litem, may be made defendants to this bill, and may and answer the same fully & perfectly- Your Orators and oratrices pray that your worships will set-of and establish, in their behalf, the deed aforesaid, that you will deem to them the tract of land so as aforesaid conveyed, together with the rents and porfits thereof which have accrued since the death of the said Samuel BAISDEN the elder, and that you will make such other property or further decree in the premises as may seem right May it please the court &.c BAKER. j.p. 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 BAISDENs Will A Copy [obverse] 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 & Twenty four being of Sound mind and perfect Sense And memory thanks be given to almighty God And Considering ["Concerning" in other copies] the mortal life do give up my Soul unto the hands of the Almighty God and for what worldly Estate ["goods" in other copies] it hath pleased the Almighty to bless Me with: I give and devise 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 & 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 Lidy BASDE during her 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 desks & Loom Earthen Stone and Glass Ware &c.&c And after the death of my wife Lydia BAISDEN I give unto my Son James BAISDEN 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 woollen wheel one Linnen Wheel one Loom to her forever I also give to my Daughter Christian BAISDEN all the balance of My house hold ["Christian other" struck out] Kitchen furniture not mentioned to her forever Lastly I do denominate and appoint my friend Charles G. GOLD of Southampton County my Whole and Sole Executor of this my last Will & testament And that I do disanull & make void all other former Wills or testaments heretofore by Me Made In Witness whereof I have hereunto set my hand & fixed my Seal this 21:st day of October in the Year of our Lord 1824 Samuel BAISDEN *Seal* X his mark Signed Sealed & ["delivered" struck out] 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 & Gilbert STEPHENSON the witnesses thereto & ordered to be recorded; And On the Motion of the Said Executor who made oath according to Law [page break] [continued on reverse] 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 & 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 [brief #3- Summons, preprinted form, 1 small page ( - handwritten entries offset below - )] THE COMMONWEALTH OF VIRGINIA, To the Sheriff of Southampton County, Greeting: YOU are hereby commanded to summon - Lydia BAISDEN, widow and relict of Samuel BAISDEN, and - - James BAISDEN, & Martha BAISDEN infant children of said Samuel BAISDEN - to appear before the - Justices - of our - County - Court of Southampton county, on the - third mon - day ["of" struck out] - in April - ["Court" struck out] next, at the Courthouse, to ["testify and the truth to speak in behalf of" struck out] - answer a bill in chancery exhibited against them by William BOYKIN - ["to a certain matter of controversy now depending and undetermined in our said Court between" struck out] ~~~ And this - they - shall in no wise omit, ["under penalty of £100" struck out] And have then there this Writ.- Witness JAMES ROCHELLE, Clerk of our said Court, at his office, the - 30th - day of - March - 1826, in the - 50th - year of the Commonwealth. [signed] James ROCHELLE Cl: [brief #4- Decree, 1 small page] At Rules held in the clerks office of the county court of Southampton on Monday the 6th day of November 1826- William BOYKIN........................Plt.} against } In Chancery Lydia BAISDEN widow & relict of Sam.l } BAISDEN dec.d James BAISDEN & Martha } BAISDEN infant children of the said Samuel} BAISDEN dec.d...................Defendants} The process awarded in this cause being returned executed and the complainants bill having been filed more than three months and the defendants not having filed their answers thereto- Therefore on the motion of the Complainant by his counsel it is decree'd and ordered that the defendant Lydia BAISDEN appear here & answer the Complainants said bill on or before the third monday in February next, otherwise the same will be Taken as confessed and the matters therein contained will at a future day be decreed according to the prayer thereof- Teste James ROCHELLE Cl: [brief #5- 1 page] The Joint and seperate answer of James BAISDEN ["and" struck out] Martha BAISDEN & Samuel BAISDEN infant children of Samuel BAISDEN by Edward BUTTS their guardian ad litem to the Bill of Complaint exhibited in this court against them and Lydia BAISDEN by William BOYKIN & others Complainants- These respondents Saving and reserving to themselves every benefit of exception to the many errors in the said bill contained, for answer thereto Say, that being of very tender years they have little or no knowledge of the facts & circumstances in the bill mentioned and therefore they call for proof thereof: they are the children of Samuel & Lydia BAISDEN as charged in the said bill and they admit their father 'left a will, to a correct copy of which the Compt.s in the said bill have refered: These respondents hope that in the decision of this Case Your worships will guard & protect their interests as the justice of the case & the law of the land will autherise: Without that &.c And these respondents deny all fraud &.c charged against them and pray to be hence dismissed with their reasonable costs in this behalf Sustained &.c (Signed) Edw.d BUTTS S.o ampton County, to wit: This day Edward BUTTS appeared before the subscriber a justice of the peace for the county aforesaid & made oath that the statements contained in the foregoing answer are true to the best of his knowledge & belief- Given under my hand this 22.d day of November 1826. Benj. DEVANY J.P. [brief #6, dated above as filed 20 Mar 1827- 1 page] To the worshipful the County Court of Southampton, sitting in Chancery: The answer of Lydia BAISDEN, widow and relict of Samuel BAISDEN dec.d to a Bill of Complaint exhibited to this worshipful Court, by W.m BOYKIN and others- This Respondent saving &c. for answer to the said bill, says, that it is true, ["that" struck out] she intermarried with the said Samuel, and bore him the three infant children in the bill mentioned- that she knows Nothing of the Deed in the Bill mentioned, except what she understood from him- She expects to prove, & therefore charges, that the said deed was destroyed before her marriage, and ["before" struck out] of course the change in situation, which the said Complt. suggests as the motive for his change of purpose- She has heard from her dec.d Husband, that he was ignorant of the contents of the paper which was afterwards said to be a deed for his lands, at the time of signing it- that it was a gross fraud pratised on him by his son-in-law, and that he never rested, until the same was destroyed- Your Respondent requires full proof of all the allegations in the Pltff Bill, not herein admitted- and submits to this honorable Court, the protection of her rights, and those of her infant children- She denies all fraud &c... & having answered, prays to be hence dism.d &c. Lydia BAISDEN + her mark Sworn to in open Court [brief #7- General commission, 1 page] The Commonwealth of Virginia to Silas SUMMERELL, W.m RICKS, & [blank] Gentlemen. Justices of the peace for the County of Southampton ~ Greeting: Know Ye that we trusting to Your fidelity and provident Circumspection in diligently Examining Wilboun STEPHENSON Solomon BOYKINS & [blank] witnesses as well on behalf of William BOYKIN Complainant ~ ~~~ ~~~ in a Suit now depending in the county court of Southampton in chancery as on behalf of Lydia BAISDEN, widow and relict of Sam.l BAISDEN dec.d James BAISDEN & Martha BAISDEN infant children of Said Samuel BAISDEN dec.d Command you or any two or more of you that on Such Certain days and at Such places as You may appoint you assemble yourselves and the witnesses aforesaid before you you call & cann to Come and diligently Examine on the holy evangelist of ALmighty God and their examination unto our said Court distinctly & without delay you Send & Certify enclosed returning also to us this writ Witness. James ROCHELLE Clerk of our Said county Court of Southampton at the Court House this the 24th day of March 1827 & 51st year of the Commonwealth James ROCHELLE CC [brief #8- Notice, 1 small page] M.rs Lydda BASEDEN Take Notice that on Saturday. 11.th day of August next I shall have the Deppesion.s ['Depositions'] of my witnesses taken at Urquhart's store concerning the Track or parcill of Land whereon you now live which I have brought Sute for before Two or more Justices of this County & commonwelth of Virginia - Signd William T. BOYKIN July 25.th 1827 } [brief #9- Depositions, 3 pages] Southampton County to wit, agreeably to the enclosed Commission and Notice We Silas SUMMERELL and William RICKS Justices of the peace in the County aforesaid have Caused Wilbourn STEPHENSON and Solomon BOYKIN, to appear before us at Urquharts Store On the 11.th day of aug.t 1827 between the Hours of nine in the morning and six o'clock in the evening of the same day, to take their depositions to be read as evidence in a suit in chancery now depending and undetermined in the County Court of Southampton wherein William T. BOYKIN is plaintiff and Lydia BASDEN (Widow of Samuel BASDEN) and James BASDEN and Martha BASDEN infant children of the said Lydia BASDEN, are defendants and they being of Lawful age and first sworn On the holy evangelist of almighty god, depose and say as follows - to Wit Wilbourn STEPHENSON deposeth and saith that Samuel BASDEN Came to his House some time early in the year 1817- and called him to his gate, and told him he wished him to try and get William T. BOYKIN to give up to him, a Deed which he had given to his daughter, for the Land he then lived on and said, if he did not give it up to him, Dearn his Soul, if he did not Kill him if his Gun Would fire, and sometime afterwards I Went to BASDEN's and ["he" struck out] [page break] [p. 2 of 3] found him in a Violent passion, and he again Swore in said BOYKIN's presence, if he did not give up the said Deed, he Would Kill him, the said BOYKIN asked me what he had better do, I advised him, to Keep the Deed he said he thought he had better give it up, and appeared to be really afraid he he [sic] would Kill him,- if he did not give it up and some time afterwards the said BASDEN and BOYKIN, met at my House and the said BASDEN, promised said BOYKIN, if he Would give him the Deed he Would give the Land to said BOYKIN's son, and said BOYKIN and wife should have then life right in it,- and he executed a Will to that effect- and the said BOYKIN handed him the Deed, and he threw it in the fire and swore he would never make another to any person, and the said STEPHENSON furthermore says, that he Verrily believes that the said BOYKIN gave up the Deed partly out of fear, and much against his Will ~ and further this deponant Saith not Wilbon STEPHENSON Sworn and subscribed to before us the day and year as above ~ Silas SUMMERELL J.P. W.m RICKS JP [page break] [p. 3 of 3] Solomon BOYKIN deposeth and saith that he heard BASDEN swear in BOYKINs presence, that he would Kill BOYKIN if he did not give up the above mentioned Deed and he Verrily believes that BOYKIN gave up the Deed partly out of fear, ['and largely'?- mutilated at fold] against his Will, as he thought BASDEN Would Certainly Kill him if he did not and further this deponant saith not Solo BOYKIN + his mark Sworn and subscribed to before us the day and year as above ~ Silas SUMMERELL J.P. W.m RICKS JP [brief #10- Notice, 1 small page] M.rs Lydia BAISDEN You will please take notice that on the 20th day of this month (Oct.r) at ["Gurleys Tavern" struck out] Henry BRIGGS in the Town of Jerusalem between the hours of nine O_clock in the morning and Sum sit of the same day, I shall proceed to take the depositions of Silas SUMMERELL and others to be read in evidence in a Suit now depending in the County Court of Southampton in which I am Plaintiff and you are Defendant. William T. BOYKIN Oct.r 6.th 1828 [brief #11- Deposition, 1 small sheet and 1 large sheet, folded into 4 pages] [p. 5 of 5] [sealed and addressed lengthwise on back of large sheet] The Clerk of the County Court Southampton ~ [later notes, at right angle to above entry] BOYKIN v. } Deposition BASDEN &c Came to hand under Seal June 15.th 1829 - [p. 2 of 5, small sheet, torn along bottom edge] Agreeably to the within notice We James CLAYTON and Benj GRIFFIN Justices of the peace for the County of Southampton have Caused Silas SUMMERELL to appear before us at the House of Henry BRIGGS in the Town of Jerusalem in the said County of Southampton On the 20.th day of Oct.r in the year 1828- between the Hours of Ten in the morning and Four Oclock in the evening of the same day, who being of Lawful age and first sworn On the Holy evangelist of Almighty, we have proceeded to take his deposition to be read as evidence in a suit in chancery now depending in the County Court of Southampton wherein [page break] [p. 3 of 5] Agreeably to the Within notice We [blank] and [blank] have Caused Silas SUMMERELL to appear before us at Urquharts Store, in the County of Southampton On the 19.th day of July in the year 1828- between the Hours of [blank] Oclock in the morning and [blank] Oclock in the evening of the same day, who being of lawful age and first sworn On the Holy Evangelist of almighty god- We have proceeded to take his deposition to be read in evidence in a Suit in Chancery now depending in the County Court of Southampton wherein } This deponeant Saith, as well as he recalled in Decem.r 1816,- he went Over to M.r Brittain BOYKIN's who lived near him, where he met With Samuel BAISDEN, and William T. BOYKIN he had understood Some time before, that said BOYKIN intended to intermarry With said, BASDENs Daughter, and said BAISDEN intended giving them his Land, as she was his only child, and which with them, I was Solicited by One or perhaps both, I misremember which, to write a Deed of Gift, for the Land from BAISDEN to his daughter, which she was to take possession of, at his death, I Wrote the Deed immediately for all the land he possessed he signed it, Conveying it to [page break] [p. 4 of 5] to his Daughter, it was Witnessed by the proper Number of Witnesses, of whom I was One, and it was deposited with me, by the parties wish a mutual request, that I would have it recorded, I took it home, and neglected to take it Out for some time,- and I understand that some time after BOYKIN had Married his Daughter, he ^BAISDEN became dissatisfied and tried to persuade the parties, to give him up the Deed, which they refused to do- the old man either Came or sent to me, for the Deed and Wished me to deliver it to him, which I refused to do, without the Consent of the parties- he got displeased with me, because I would not let him have it- I was frequently from Home, and as there was Considerable noise amongst them, on acc:t of said Deed, I directed my wife, should BOYKIN Come or Send for the Deed, to deliver it to him, or the Person sent- when I Came home Our evening she told me (as well as I recollect) that m.r Wilborn STEPHENSON & John LOWE had Come after the Deed at the request of BOYKIN, and she had delivered it to them, and further this deponant Saith not Silas SUMMERELL [page break] [p. 5 of 5] Southampton County To Wit This day the foregoing deposition was taken before us agreeable to Notice given under Our hand this 20.th day of October 1828. James CLAYTON J.P. Benj GRIFFIN J.P.