Exr of James Powell vs Elijah Watson 1792-005 [1799] - Transcribed by Gail M. Walczyk
Spelling remains the same
Powell's Exr. &
Downing's Adm
vs . . . . .
Bill
Elijah Watson
To the worshipful the Court of the County of Accomack
in Chancery the Bill of complaint of Thomas Parramore Junr Executor of the last will
& testament of James Powell decd. & of Golding Ward Admr of the goods & chattels,
rights & credits of Arthur Downing decd. who died intestate, Humbly complaining sheweth.
that a certain John Rodgers of the County afsd. being heretofore seized & possessed
of a considerable real & personal estate & amongst other things of a slave called
Billy, in his life time, to wit, on the 31st day of Octr 1756 made his last will
& testament in writing duly attested as the law requires, which said will was after
the death of the sd. John Rodgers, to wit, on the 25th day of Jany 1757 duly proved
& admitted to record in this worshipful Court as may more fully appear by a reference
to the records of the same. [Click here to view the will.] That the sd. J. Rodgers in his said will amongst other
things devised the sd. slave called Billy to his wife Elizabeth Rodgers for her life,
& after her death he devised the said slave called Billy to his daughter Anne Rodgers
your Orators further shows that the sd. Elizabeth Rodgers lived till the month of
May 1783 when she died: that previous to the death of the sd. Elizabeth Rodgers her
said daughter Anne intermarried with a certain Francis Wainhouse, whereby the right
in remainder in the sd. slave Billy, which was devised to the said Ann as afsd. became
vested in the sd. Francis Wainhouse: that the sd. Francis Wainhouse afterwards died
in the life of the sd. Eliz: Rodgers, leaving issue two daughters, Betsy & Salley
Wainhouse, his only heirs, whereby the title to the sd. slave Billy in remd. became
vested in the sd. Betsey & Salley Wainhouse: that the sd. Betsey afterwards intermarried
with Arthur Downing by means whereof her title in the sd. slave Billy became vested
in the sd. Arthur Downing who having since died intestate, the Administration of
the estate of the said Arthur Downing was committed to the said Golding Ward, one
of your Orators afsd. --- Salley Wainhouse, the other daughter of the sd. Francis
Wainhouse, intermarried with a Mr. James Powell of the county afsd. whereby her title
in the sd. slave Billy became vested in the sd. James Powell, who hath since died
having previously made his last will & testament & thereof appointed the sd. Thomas
Parramore Junr Exectr. --- Your Orator also shew that the said Anne, the widow of
the sd. Francis Wainhouse after his death intermarried with a certain Abel Joynes
during the life of the sd. Elizabeth Rodgers, & there being a doubt as to the law
touching this subject at that time, towit, whether the title of the sd. Anne in the
sd. slave Billy had vested in the sd. Francis Wainhouse or whether it still remained
in the sd. Anne until the use & occupation of the sd. slave should come into actual
possession & then vest in the husband for the time being its seems that the sd. Eliz:
Rodgers upon the supposition the latter part of the proposition was conformable to
law, in the life of the sd. Abel Joynes relinquished & gave up to the sd. Abel Joynes
the right of the sd. Elizabeth Rodgers in the sd. slave Billy in consequence whereof
the sd. Anne Joynes, who was Executrix of the sd. Abel Joynes, after his death, caused
the sd. slave Billy to be inventoried & appraised as a part of the estate of the
sd. Abel Joynes decd. & after the death of the sd. Abel Joynes by virtue of a devise
to her of the use of all the estate of the sd. Abel Joynes for the space of five
years which would have terminated with the end of the year 1786, retained the sd.
slave Billy in the possession of herself & of her third husband William Hornsby till
the 23rd day of Octr 1786, when the sd. Anne died --- that after the death of the
sd. Anne, the sd. William Hornsby having obtained the sd. Slave but finding the title
of the sd. slave to be disputable he the sd. William Hornsby at the close of the
year 1788 delivered the sd. slave amongst others into the possession of a certain
Elijah Watson of the county afsd., with express directions not to pay the hire or
deliver them over to any person till the dispute about the sd. title should be duly
settled: --- that the sd. Elijah Watson by virtue of that delivery held the possession
of the sd. Billy to the end of the year 1792, the hire of the sd. Billy amounting
in the meantime to the sum of 28.29.0 lawful money of Virga. --- that at the end
of the sd. year 1792, a certain George Fisher setting up title to the sd. slave Billy
by virtue of his intermarriage with one of the daughters & coheirs of the sd. Abel
Joynes decd., then took the possession of the sd. Slave Billy from the sd. Elijah
Watson & has ever since retained him: that the sd. George Fisher shortly afterward
instituted a suit in this worshipful court in chancery agt. the sd. Elijah Watson
for the hire of the sd. salve Billy amongst other things, at the trial of which the
above facts being disclosed, it was the opinion of the Court that the title of the
sd. slave Billy in no wise pertained to the sd. George Fisher in right of his wife,
but to the heirs of the sd. Francis Wainhouse decd., & that the hire of the sd. salve
having come to the hands of the sd. Elijah Watson as a trustee eventually for the
use of those who might be found to have title in the sd. slave, the sd. George Fisher
was barred of his demand therefor, the same remaining till the rightful claimants
should appear. Your Orator deducing their title to the sd. hire as afsd. humbly conceive
they are in right of those whom they represent titled to the same, & have accordingly
demanded the same of the sd. Elijah Watson, but the sd. Elijah Watson doubting of
his authority to pay the same unless duly authorized thereto by this worshipful Court
hath refused to pay the same till a decree shall have been obtained for that purpose.
To the end therefore that the sd. Elijah Watson may be compelled to answer all &
singular the above premises & to perform such decree in the same as in equity may
seem meet, May it please this Worshipful Court the premises considered, to grant
to your Orator the Commonwealths writ of subpoena to the sd. Elij: Watson to be directed,
command him &c And your Orators as in duty bound shall pray &c
T. Evans Att. forPlaintiff
The
answer of Elijah Watson too the bill of complaint of the sd. Thomas Parramore Junr.
& of the sd. Golding Ward. These Respondt. now & at all times hereafter saving &
reserving &c. for answer to the sd. bill or so much thereof as he is advised is material
& necessary for him to answer unto he answereth & saith that he doth admit the facts
as stated in the complainants bill, & is ready to pay the sd. principal of the hire
of it shall so seem to the court but he humbly conceives that he that he standing
as a trustee without a power to lend or pay the sd. money arising by the hire of
the sd. Negro Billy to any person, till their title be only shewn to the satisfaction
of a Court of record, he the sd. Elijah Watson ought not to be charged with Int.
on the sd. money or with the costs of any suit for establishing the title of the
claimant he further states that the sd. Arthur Downing in his life time actually
agreed that if he the sd. E. Watson would upon a demand thus to be made pay him his
proportion of the principal of the sd. hire, that he would acquit him of his part
of the Int. & would pay his own proportion of the costs. Without that &c. And therefore
this respondent prays to be hence dismissed &c.
Elijah Watson
Sources:
_____. Accomack County VA Chancery Causes, 1727-1805. Exr of James Powell vs Elijah Watson 1792-005 [1799]. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 26 January 2012.
© Copyright 2012-2013 by Gail M. Walczyk