Sussex County Virginia. Chancery Court Suit WINGFIELD V WINGFIELD. 1757- 32 To the Worshipful Court of Sussex County sitting in Chancery Humbly complaining theweth unto your Worships your orators and orat..rias? John Wingfield, John ..arton and Mary his wife, Thomas Dixon and Judith his wife, Richard Huson and Elizabeth his wife, Thomas Wynne and Martha his wife, Joel Wingfield, Joshua Wingfield, Martha Wingfield, and Peter Wingfield by Mary Wingfield their mother and ... ...which said Joshua, Martha and Peter are infants under the age of twenty one years and children of Edward Wingfield deceased and which said Edward Wingfield was and the said John Wingfield, Martha ?Carlon?, Judith Dixon, Elizabeth Huson and Martha Wynne are the children of Gervas Wingfield late of this county deceased. That the said Gervas Wingfield being in his life time and at the time of his decease possesed of a considerable personal estate consisting of sundry valuable slaves and other things departed this life on or about the ...... day of March one thousand seven hundred and fifty six Intestate leaving Hannah Wingfield his widow and relict and William Wingfield his oldest son and heir at law. That Whereas by one Act of Assembly made in the year ...... it was among other things enacted "That when any person dies intestate, his widow shall have one full and equal third part of all of his slaves which upon her petition to the Court, granting Certificate of Administration of her husbands Estate, shall be assigned to her by persons for that purpose to be nominated and appointed by the said court; she shall hold such slave and slaves and their increase, during her natural life, and after her death, the said slaves and their increase which shall then be living shall be appraised and shall descend to and be vested in the heir at law of the intestate, but he shall be answerable to the other children or the legal representatives for their proportionable value of the said slaves, in the same manner as is herein after directed for the other remaining slaves" "And the other remaining slaves of the intestate shall be immediately vested in his heir, but he shall be answerable to the other children or their legal representatives for their proportionable part of the increase value of such remaining slaves, in the same manner as by this act is directed for the distribution of the other personal estate of the intestate" Your orator further show that struck out portion(they have in a friendly manner applied both )after the decease of the said Jarvis (Gervis spelling unclear) Wingfield at a court held for this county on the .....day of....In the year of our lord One thousand seven hundred & fifty six Administration of the estate of the said Jarvis Wingfield was committed to the said Wm. Wingfield who whereupon conceiving himself to have authority to do so, did of his own accord assign to the said Hannah Wingfielld slaves as her third part, whereas your orator (illegible, may be apportion?) that the said slaves are more than the said Hannah's full an equal third part of the slaves whereof the said Jervis died possessed, and that by the above recited Clause of the Act of Assembly the said William had no power to do so. Your orator further show that they have after in a friendly manner applied to the said Wm. to consent that such distribution of the slaves and other personal estate of the said Jarvis should be made by this worshipful court should be directed And your orator further further show that they have in a friendly manner likewise applied to the said Hannah to redeliver the said slaves assigned her by the said Wm and to petition this worshipful to appoint persons to assign? (illegible word) or as by law prescribed ?But Now? so it is & may it please our worships, the said William Wingfield who is eldest son and heir as afto hath altogether hither to refused and still doth refuse to account with your orator & to let your orators into an equal division of the slaves so this personal estate whereof the said Jarvis died possessed, and the said Hannah Wingfield, the widow and relic as of doth also refuse to relatives the said slaves to as of illegally assigned her by the said Wm. The said Wm. on his past pretending being out in (theeekes?) that the absolute property of the said slaves is (?octed?) in him as heir at law to the said Jervis & can not be subjugated (subjected) to a distribution, & the said Hannah also pretends that theslaves assigned her are no more than her equal third part. In tender consideration whereof and for as much as matters of this tort are properly & only cognizable in this Worshipful court of Chancery. To the end therefore that the said William and Hannah may on their respective corporal oaths full .... & perfect answer make to all & singular the matters & things herein contained as fully as if the same were herein again ?repeated? & ?inferred? ?unto? particularly that the said William may (...)forth & discover whether the said Jarvis Wingfield did not depart this life intestate at the time, specific of sundry valuable slaves & other things as by their bill of your orators have charged and that the said Hannah may set forth and discover whether the said Wm did not assign her slaves as her full equal third part of the said Jervas as to? slaves, whether the said slaves are not at this time in her possession (struck out(whether the said slaves were assigned her by persons appointed by this worshipful court by the said Wm) And that the said William may be compelled to make such distribution as is by law directed and that the said Hannah may be compelled to deliver up the said slaves & that her third be assigned her according thereto & that your orator may have such other and further Relief in the ?????? as to this Worshipful Court shall seem meet (May it please the John Wingfield John Parton? & Mary his wife, Thomas Dickson (Dixon) and Judith, his wife, Richard Huson and Elizabeth his wife, Thomas Wynne and Martha his wife, Joel Wingfield Joshua Wingfield Martha Wingfield and Peter Wingfield by Mary Wingfield their mother of (something something which said Joshua, Martha and Peter are infants under ther age of twenty one years and children of Edward Wingfield deceased of which said Edward Wingfield was of the said John Wingfield, Mary Partons Judith Dixon, Elizabeth Huson & Martha Wynne are the children of Jervis Wingfield deceased Plaintifffs against William Wingfield, oldest son of and heir at law of Jervis Winfield (tear in paper) of Hannah Wingfield widow & Relic of the said Jervis. Defendents This case was this day heard upon the pets? bill the ?Defendents answer and the arguments of the counsel on both sides on consideration whereof it is ordered & decreed that (unclear) & Gibbons Thomas Huret? of William Gillam or any who of them do make an estimate of the value of the personal estate of ??unclear) whereas Jervis Wingfield the intestate in the bill named died & ?possesed? (not including in such estimate a negro recovered from the Defendent Wm since his intestate death) and make a report to the xxxx court in order to a final decree. Augustine Claiborne, clerk John Wingfield John Parton & Mary his wife, Thomas Dixon and Judith, his wife, Richard Huson and Elizabeth his wife, Thomas Wynne and Martha his wife, Joel Wingfield Joshua Wingfield Martha Wingfield and Peter Wingfield by Mary Wingfield their mother of (something something which said Joel Joshua, Martha and Peter are infants under ther age of twenty one years and children of Edward Wingfield deceased of which said Edward Wingfield was of the said John Wingfield, Mary Partons Judith Dixon Elizabeth Huson & Martha Wynne are the children of Jervis Wingfield deceased Plaintifffs against William Wingfield, oldest son of and heir at law of Jervis Winfield (tear in paper) of Hannah Wingfield widow & Relief of the said Jervis. Defendents This decree was this day again further heard on consideration something and the persons appointed by a former decree having referred into Court are Estimates of the value of the slaves ( exclusive of the defendent Hannah's ... as of her dower and also of a negro recovered by Robert Wingfield of the said William since the death of the intestate) and personal estate in the bill something something are the whole to five hundred and sixty one pounds six shillings and eight pence and the plaintifs having entered into bond ......sufficient security to to refused and pay back to the defendent William as administrator as afore said if ...... require according to law, it is therefore decreed and ordered that the defendent William pay unto each of the claiments the children of the said Jervis and the children of the said Edward something something of their said father forty nine pounds three shillings and five pence in full of their respective shares and proportions of the value of the said slaves and personal estate of the said Jervis Wingfield deceased and that the costs of this such be equally born among all the plaintiffs, the children of the said Jervis and the defendents The plaintiffs costs ???141??? having something fee 15 or 150 Job The defendents costs 10something Explanation as I understand it. William, the oldest son of Jarvis Wingfield, and Hannah, the widow of Jarvis, both made a grab together for all the slaves when Jarvis died without a will. The other siblings and the remarried widow of Edward (now Mary Harris) protested and sued. Jarvis had 6 named children. (1) Elizabeth Wingfield Huson, (2) William Wingfield (married Sarah Harris), (3) Martha Wingfield Wynne (married Thomas Wynne), (4) John Wingfield (married Anne Buckner), (5) Edward Wingfield (married Mary Harris and they sired Peter Wingfield who is mentioned a lot in the Albemarle Parish register in regards to reporting births of slaves), (6) Judith Wingfield who married Thomas Dixon About this time my line lost the (g) from Win(g)field. William and Hannah lost and had to pay up ------------------------------------------------------------ File contributed for use in USGenWeb Archives by robert james winfield winfield@cpcug.org USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material AND permission is obtained from the CONTRIBUTOR of the file. These electronic pages cannot be reproduced in any format for profit or other presentation.