Exr of John Floyd vs John Sturgis 1796-025 - Transcribed by Gail M. Walczyk
Spelling remains the same
Floyd's Ex
vs . . . . . Bill in Chy
SturgisTo
the worshipfull the Justices of Accomack County in Chancery Humbly complaining sheweth
unto your worships your orator John Floyd Exor &c: of John Floyd decd, that a certain
William Widgeon late of Northampton County decd. being in his lifetime, to wit,
the 27th day of December 1769 indebted unto your Orators sd. Testator by a Judgement
of the court of Northampton afsd in the sum of L21.18.18 1/4 in order to secure the
payment thereof unto the sd. John Floyd, did upon the day & year afsd execute a certain
deed thereby conveying unto him the sd. Jno. Floyd all the Estate, right, title and
Interest which the sd. William Widgeon then had or might afterwd. have in certain
slaves & personal estate whereof a certain Vianna Widgeon, mother of sd. William,
was then possessed, & held during her widowhood, under the will of her deceased husband
Edward Widgeon, father of the sd. William; And which Slaves and personal Estate after
the death or marriage of the sd. Vianna was by the will of the sd. Edward bequeated
unto his six children viz: Thomas, The sd. William, Sophia, Nathan, Betty and Anne.
--- That in the sd. Deed is contained a proviso that if the said William widgeon
should well and truly pay or cause to be paid unto the said John Floyd his heirs,
Exors or Admrs. the sd. sum of £21.18.11 1/4 with lawfull Interest form the
12th day of Octr 1769 on or before the death or marriage of the sd. Vianna Widgeon
then the sd. Deed to be void & of no effect. --- And the sd. William Widgeon did
also by sd. sd. Deed covenant for himself his heirs, Exors & Admrs. with the sd.
Jno. Floyd his heirs, Exors, Admrs & assigns that he the sd. William Widgeon, his
heirs Exors or administrators would well & truly pay or cause to be paid unto the
sd. Jno. Floyd his Exors, admrs. or assigns the afsd sum of £21.18.11 1/4 &
Interest as afsd on or before the death or marriage of sd. Vianna Widgeon: as by
the sd. Deed which has been duly proven and admitted to record in the court of Northampton
afsd and hereto annexed may more fully and at large appear. --- Your Orator also
showeth that the sd. Betty, one of the children of sd. Edward departed this life
the day of 17 the sd. Nathan the day of 17 & Thomas the
day of 17 Intestate and without issue in the lifetime of the sd. William,
who, by reason thereof, became entitled, as heir at law of the sd. Betty, Nathan
& Thomas, to their respective six shares in the sd. slaves, and an equal part with
the sd. Vianna & other surviving children, of the Shares of sd. Betty, Nathan & Thomas,
in the personal property: That the sd. William afterwd. to wit, the day of
17 departed this life in the lifetime of his mother, the sd. Vianna, without
having ever paid the sd. Debt or Interest or any part thereof. --- That the sd. Vianna
afterwards, to wit, the day of 17 also departed this life. --- Your orator
well hoped that upon her death the sd. Debt & Interest would have been paid to him,
or that the said William four sixth parts of the sd. slaves & his share of the personal
property whereof the sd. Vianna was possessed as aforesaid, would have been delivered
up to him in right of his sd. Testator as by the tenor & effect of the Deed they
ought to have been. But now so it is may it please your worships that a certain John
Sturgis who had intermarried with the sd. Anne, one of the children of the sd. Edwd.
(altho notified of the sd. Deed & the claim of your Orator in right of his Testator
pretending to have the right of property in all the slaves whereof the sd. Vianna
was possessed as afsd. and combining & confederating with others, unknown to your
Orator, to injure & defraud him, and who, when discovered he prays may be made defts
hereto, hath taken into his hands, and sold & converted to his own use, or with his
confederates hath cloigned, concealed or transported away to places unknown to your
Orator the sd. Slaves and personal estate, so that hour Orator cannot obtain the
same or any of them. Which actings and doings of the sd. John Sturgis and his confederates
and accomplices are contrary to equity & good conscience & tends to the manifest
wrong & injury of your Orator's sd. Testators estate. --- to the end therefor that
the sd. John Sturgis may be made defendant hereto and may on oath true distinct and
perfect ansr. make to all and singular the premisses herein before st forth, as if
the same was here particularly repeated and interrogated more especially. How many
of the sd. Slaves, left by the sd. Edwd. to the sd. Vianna during her widowhood,
remainder to the six children afsd, was there? How may of them remain in possession
of the sd. Vianna at her death? did not all the slaves and personal estate, whereof
she died possessed, cone to his hands & possession, or the the hands & possession
of others for him? on what part, if any, & of what value, did come? and that the
sd. John Sturgis may be compelled to deliver up to your Orator four sixth parts of
the sd. Slaves & the share to which the sd. William if Living wd. be entitled to
of the personal property; or to pay to your Orator the debt and Interest afsd, &
that your Orator may be reld. in all and singular the premisses according to equity
& good Conscience may it please your worships the premisses considered to grant unto
your Orator the Com: Wealths most gracious writ of spa to the sd. John Sturgis to
be directed commanding him that on a certain day & under a certain pain therein to
be limited and expressed he be and appear before your worships in chancery then and
there to ansr. the premisses and to stand to, abide by & perform such order or decree
therein as to your worships shall seem meet and agreeable to equity and good conscience
& your Orator as in duty bound will ever pray &c:
Wise for Complt
Floyd
Exorvs . . . . . Subpa in Chancy
Sturgis
JW
John Waters
for Jno Burton
Shff
The Commonwealth of Virginia to the sheriff of accomack County Greeting:
we command you that you summon John Sturgis to appear before our Justices of our
county of our said county in chancery at the Courthouse on the last Monday in May
next to answer a bill in Chancery exhibited against him by John Floyd Executor of
John Floyd decd and this he shall in no wise omit under the Penalty of one hundred
pounds and have then there this writ Witness Littleton Savage Clerk of the said Court
at the Courthouse the 9th day of April 1796 in the year of the Commonwealth
Litt
Savage
Widgeon
ad . . . . . Mortgage
Floyd
Rd. & Examined
This
Indenture made the 27th Day of December in the Year of our Lord one thousand seven
hundred and sixty nine Between William Widgeon of the County of Northampton of the
one part and John Floyd of the same County of the other part Whereas the said William
Widgeon by a Judgment of the court of the said county in indebted to the said John
Floyd in the sum of twenty one pounds eighteen Shillings and eleven pence one farthing
And Whereas Edward Widgeon late of the said County deceased (father of the said William
Widgeon) in his lifetime and at the time of his Death was seized in fee of and in
sundry Slaves and personal Estate and being so seized made his last Will and Testament
bearing date the fifteenth Day of December one thousand seven and fifty nine and
thereby divised the use of the said Slaves and personal Estate to his Wife Vianna
Widgeon during her Widowhood and at the Death or Marriage of the said Vianna he divised
the said Slaves and personal Estate to be equally divided among his Children Viz:
Thomas, The said William, Sophia, Nathan, Betty and Anne, --- Now this Indenture
Witnesseth that the said William Widgeon for and in Consideration of the premises
and in order to secure the payment of the said Debt unto the said John Floyd he the
said William Widgeon hath granted bargained and Sold and by these presents doth Grant
bargain and Sell unto the said John Floyd his Heirs and Assigns forever All the Slaves
and personal Estate devised by the Will of the said Edward Widgeon as aforesaid by
the said Will Recorded in the Court of the said County may appear to have and to
hold the Right Title and Interest of the Slaves and personal Estate aforesaid from
and after the death or marriage Vianna Widgeon and to his Heirs and Assigns forever
And the said William Widgeon for himself his Heirs and Administrators doth hereby
covenant promise and agree to and with the said John Floyd his Heirs and Assigns
that he the said William Widgeon the Slaves and personal Estate aforesaid unto the
siad John Floyd Heirs and Assigns himself the said William Widgeon and his Heirs
& all other persons whatsoever will warrant and the same forever defend Provided
always and it is the true intent and meaning of these presents that if the aforesaid
William Widgeon shall well and truly pay or cause to be paid unto the said John Floyd
his Heirs Executors or Administrators the aforesaid Sum of twenty one pounds eighteen
Shillings and eleven Pence one farthing with Lawful Interest from the twelfth Day
of October one thousand seven hundred and sixty nine to the time of payment on or
before the death or Marriage of the aforesaid Vianna Widgeon then this present Indenture
and every matter and thing Therein contained to be void and of none effect anything
herein contained to the contrary not withstanding And the said William Widgeon for
himself his Heirs Executors and Administrators and Assigns that he the aforesaid
William Widgeon his Heirs Executors & Administrators Assigns the aforesaid sum of
Twenty one pounds eighteen shillings one farthing with Interest or aforesaid on or
before the death of Marriage of the said Vianna Widgeon aforesaid. In Testimony whereof
the said William Widgeon hath hereunto set his hand and affixed his Seal the day
and Year first above written
Written
Sealed & Delivered in the
presence
of
Griffin Stith
John Lewis Fulwell
Jacob Dunton
Benjamin Dunton
At
a Court held for Northampton County the 13th Day of February 1770 This Indenture
was proved by the Oath of John Lewis Fulwell, Jacob Dunton and Benjamin Dunton Witnesses
thereto and Ordered to be recorded
Teste
Griffin Stith ClC
Sources:
_____. Accomack County VA Chancery Causes, 1727-1805. Exr of John Floyd vs John Sturgis 1796-025. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 5 May 2012.
© Copyright 2012 by Gail M. Walczyk