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Chancery Court Records
Brunswick County, Case #1819-007
Jarrett Abernathy, etc. v.
Executor of Frederick Abernathy, etc.
Box 26 stack location 4/F/68/2/6
copy option #2
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Abernathy & others
Vs
Abernathys Exor & Guardian
24 Nov 1819 filed and heard and decreed as (unclear) Decree filed (cp)
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To the worshipful Court of Brunswick County setting in chancery
hereby complaining and show to your worships your orators Jarratt
James [John crossed out] Elisha Sterling Abernathy and ["Sylvia
Lewis and" crossed out] Reul Lewis who was her husband [ written
above - "to Sylvia Abernathy in right of her children"] late
Abernathy Catharine Lucy late Abernathy John [written over Nancy]
Scoggins and Nancy his wife late Abernathy Sandal Abernathy your
orators first mentioned and your oratrixes children of Tabithy
Abernathy deceased that Samuel Harwell grand father to your orators
and oratrixes some time about the year 1792 made a deed of gift, a
copy whereof is hereto annexed of sundry slaves and among others a
certain negro male slave called Jack to the said Tabithy Abernathy
husband Frederick Abernathy for her life with remainder to
his[sic]children at his [sic] death [ written above - "also in the
(unclear) slave"] that the event his death has happened some time
ago and the other slaves given by their your orators grand father
on the mothers death have been divided and that they are desirous
of obtaining that proportion of the value of the said slave to
which they your orators and oratrixes together M Ann William
Abernathy daughter of John Abernathy deceased who was one of the
children of Tabitha Abernathy deceased are entitled. That the slave
is in the custody of Mathew Abernathy who is Executor of the
decedent Frederick on whose death your orators and oratrixes
interest vested that although justly entitled they are advised that
they cannot obtain their proportion but by the equitable
intervention by your worships to which and your orators and
oratrixes pray your worships make the said Mathew Exor of the said
Frederick Abernathy a defendant and compel him to answer the facts
herein charged and that your worships will appoint some suitable
person guardian ad litem to M Ann William Abernathy daughter of
your orators and oratrixes brother John Abernathy to protect her
interest in (this?) [page torn] cause and his answer that your
worships (unclear) [page torn] sale of the said slave Jack
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since a division in kind cannot be made between the donees of the
said slave that the (unclear) (unclear) and your worships will
decree and order that suitable persons commissioners appointed by
your worships do sell at public sale on 12 months credit the said
slave and make a division of the proceeds between your parties
entitled the commonwealth's writ of subpoena (unclear) commanding
(unclear) and such other and further relief as equity dictates and
as in duty they will ever pray etc. John Scoggins his mark for
himself and the other complain[ants].
[Samuel Harwell Deed attached but not transcribed herein -
previously done by others]
The answer of Mathew Abernathy Executor of Frederick Abernathy
deceased to the bill filed in Brunswick Court (against?) Jarratt
Abernathy and others against him and others in the said Court this
Respondant saving all benefit of just exception to the Complainants
bill for answer thereto says he cannot gainsay the facts in the
said bill charged that he has no objection to a decree according to
the prayer of the said bill and having fully answered he prays
(herein?) to be dismissed with his costs and as in duty he will
ever etc. John Scoggins his mark for Mathew Abernathy
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The separate answer of Jesse Reid appointed by the Court of
Brunswick County grdn ad litem to M Ann William Abernathy daughter
of John Abernathy deceased [written above - "and infant of tender
years"] to (defend?) her in a suit in chancery in the name of
Jarratt Abernathy and others against the said infant and others in
the said Court this respondent saving all just benefit of exception
to the Complainants bill for (unclear) hereto admits the facts and
Notice therein (stated?) that he has no objection to the decree
prayed for and having now fully answered prays (?) with his costs
to be dismissed and as in duty he will ever pray etc. Jesse Ried by
(A ---) his atro
Abernathy and others
Vs
Abernathy exor and
Abernathy gdrn
In Chancery
This day this cause came on to be heard by consent on the bill
answer and exhibits (?) and on agreement of Counsel on mature
consideration whereof the court doth adjudge order and decree that
Gardiner Scoggin Richardson Brown Wiliam Rainey Jonathan (Dickson?)
and Frederick Lucy or either three do sell the slave Jack in the
bill (mentioned?) at public sale have reasonable thereof to
[preceeding phrase and next two words are uncertain] credit of
twelve months taking nine bonds of equal amounts for the purchase
money with good security and that they [give is crossed out and
replacement word is unclear] each of the complainants and the
guardian of the infant defendant one of the said bonds or the one
ninth part of the price of the said slave and further that they
make report to this court in order to a final decree.
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Abernathy
Vs
Abernathys
Commissioners Report
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Account of the sale of the slave belonging to the Estate of
Frederick Abernathy deceased made the 16th day of December 1819 by
the Commissioners appointed by the County Court of Brunswick for
that purpose. Jack to Mildred Abernathy highest bidder $237 amount
of the sale of Jack from which deduct Commissioners compensation
(say?) 5 (unclear) 11.85 - 225.15 Nett Amount of sale of slave to
be divided between 9 Legatees agreeable to decree of Court leaves
to each legatee part 25/3 [cut off]. The undersigned Commissioners
for that purpose Respectfully Reports to the worshipful Court of
Brunswick County that in pursuance of the (decreed?) order of the
Court they have after duly advertising the day and place of sale
sold to the highest bidder on twelve months credit the slave
belonging to the Estate of Frederick Abernathy Deceased That after
deducting a reasonable compensation for their time trouble
(unclear) the nett proceeds of the sale amounts to the sum of two
hundred and twenty five dollars and fifteen cents which give to
each of the legatees twenty five dollars and one cent 2/3 for their
respective proportions and which your Commissioners have paid over
to part of the legatees and now hold ready to pay over to said
legatees in Bonds or money when collected soon as they respectively
may apply for the same give under our hands This 20th day of May
1820. William Raney Richardson Brown Frederick Lucy John Dixon
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Abernathy vs
Abernathy's
Copy decree
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Brunswick County Court 24 November 1819 Jarratt, James, Elisha, and
Sterling Abernathy, and Ruel Lewis in right of his children,
Catharine Lucy late Abernathy, John Scoggins and Nancy his wife
late Abernathy, and Sanal Abernathy Cmplls against Mathew Abernathy
exor of Frederick Abernathy, and M A W Abernathy by Jesse Reid her
gdn specially appointed Defts This day this cause was docketed and
came on to be heard by consent of parties on the bill and answer
and the arguments of Counsel, and the exhibits filed, an
consideration whereof the Court doth adjudge order and decree that
Gardner Scoggins, Richardson Brown, William Rainey, John Dixon, and
Frederick Lucy or any three of them, sell to the highest bidder,
after having given reasonable notice of such sale, the negro slave
Jack in the Bill mentioned, on a credit of twelve months, taking
nine bonds of equal amounts for the purchase money with good
Security, and that they transfer to each of the Complainants, and
the guardian of the Infant defendant one of the said bonds, or the
one ninth part of the sale of the said slave and make report
thereof to the Court (in?) order to a final decree. (A Copy?) (N?)
Turnbull CC
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