Laban Stott & Uxr vs Seth Heath etal - in Chancery - 10 November 1795 - Transcribed by Gail M. Walczyk
Spelling remains the same.
Laban Stott Et Uxr
vs . . . Bill in Chancery
1795
Nov 10th Decree &c
The Bill of Complaint of Laban Stott and Betsy his wife Formerly Betsy Heath
Humbly complaining Shew unto your worships your Orator and Oratrix Laban and Betsy Stott that Luke Heath father of your Oratrix and also father of Seth Heath George Heath and Adah Heath departed this life on 26th Day of November 1780 Intestate possessed of the following negro Slaves to wit Dean, Pleasant, Frank and Ann, leaving your oratrix Betsy and Seth Heath George Heath and Adah Heath his only children and leaving also a widow Bridget Heath so that the said Negro Slaves do of Right belong agreeable to the Statute in such case made and provided to your orator (who on the __ Day of ____ 1794 intermarried with your oratrix) in Right of your oratrix to said Seth, George and Adah Heath, equally to be divided, subject however to the Right of Dower which the said widow Bridget hath therein - But now so it is may it please your worships that the said Adah Heath is an Infant of tender years and not capable as your orator and oratris are advised to make division of Slaves so as to be binding on them wherefore your orator and oratrix are remediless in the premises without the aid of a Court in Chancery
In Tender Consideration where of as for that your orator & oratris are remediless without aid of Your worships To the End therefore that the said Bridget Heath, Seth, George and Adah Heath, may true distinct and perfect answer make to all and singular the premises as if here again repeated and ther inter [-----] that a fair and equitable Division of said Slaves may be decreed and enforce by your worships amongst your orator and oratrix in Right of your said Oratrix and said Seth, George and Adah Heath, subject however to the Right of Dower of said Bridget Heath therein by sale or otherwise as to your worships shall same meet, and that the persons appointed by your worships to make said Division may also allott the Dower in said Slaves to said widow Bridget, and that your orator and oratrix maybe relieved in the premises agreeable to Equity and good Conscience
May it please your worships to grant to your orator & oratrix the Commonwealth's writ of Subpena &c
And your orators as in Duty shall you pray &c
Geo Parked pr Complt
The answer of Bridget heath Seth, George Heath and Adah Heath an Infant Seth Heath - their guardian Specially by the Court appointed for this purpose to the Bill of complaint of Laban and Betsy Stott against them exhibited
These Respondents saving and reserving all Benefit and Advantage of Exception [-----] to the Deficiencies of said Bill for [-----] thereto or son much thereof as these Respondents are advised is material for them to answer unto answering say that true it is Luke Heath Father of these Respondents and of Betsy Stott who hath intermarried with Laban Stott the complaint departed thsi life intestate and possessed of the Negro Slaves as in the Bill mentioned leaving said Betsy Stott and these Respondents Seth, George and Adah heath his only children and Bridget Heath his widow so that said Slaves do belong as is stated in the Bill of said Laban Stott in Right of his said wife and to these Respondents to be equally divided in the Bill is stated to the Dower of said Bridget Heath the widow - these Respondents said Adah Heath being under age are advised the can make no division of said Slaves so as to be binding and obligatory on them without the aid of a Court in chancery they do themselves submit the same to your worships Judgment & Discretion & pray to be hence dismissed &c
Sources:
_____. Northampton County VA Chancery Causes, 1721-1816. Laban Stott & Wife vs Seth Heath etc, 1795-011. Local Government Records Collection, Northampton County Records. The Library of Virginia, Richmond, Virginia. Accessed 18 Mar. 2009. <http://www.lva.virginia.gov/whatwehave/local/chancery/index.htm>
© Copyright 2009 by Gail M. Walczyk