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From:
Subject: Re: [LDR] Court records
Date: Mon, 9 Dec 2002 08:13:09 EST

In a message dated 12/9/2002 4:32:31 AM Eastern Standard Time,
writes:


> 1. While searching the Maryland State Archives, I found a listing for my
> husbands ancestors in the Chancery Court (Chancery Papers) section. What is
> the meaning of Chancery Court (Chancery Papers) and would it be a good
> genealogical source of information about the family? It looks like it
> might
> be a record of someone contesting the estate.
>

The short answer is yes,yes, yes.,they can identify the heirs (children,
grandchildren, brothers, sisters, nephews, nieces, etc.), providing "proof"
you may not find anywhere else....and pursue them in any files and court
order books, the latter in which they should all be represented and in which
the good genealogy information should also be recorded IF it was necessary to
have a court order to divide property, which was the primary purpose of
chancery court -- business and personal estates, the assets for which were in
dispute or in need of clarification..

See the links at the Library of Virginia's Chancery Court website for a quick
explanation: http://www.lva.lib.va.us/whatwehave/local/chancery/index.htm

In my view Chancery Court records are God's gift to all of us in the
following two situations, amongst others I'm sure..but these are the ones in
my experience:

FIRST SITUATION -- division of property --for all of us whose ancestors or
their siblings died (a) intestate, this is about 95 percent of mine between
1700 and 1950; (b) his heirs are cash poor and the forecasts for reversing
that situation aren't good -- important, (c) with more than one heir, be it
spouse or children or relative of different degree; (d) with property, the
proceeds from which would be enjoyed if sold immediately or the clear legal
title to which was critical if it was later to be sold. by an heir, whether
it be a sloop, small city lot or 1,000s of acres and 60 slaves; and (e) for
whom you don't have that important list of heirs and their locations, that
most places required of an administrator because your folks chose to live in
a county that did not well maintain to this day separate files for all the
records related to the probate of estates, testate or not.

SECOND SITUATION for all of us whose ancestors who actually did go to the
trouble of making out a will, but then chose an executor for said will (a)
whose accounting competency was limited; (b) who was left with a pile of
debts that sucked out of the estate all the remaining assets, but failed to
provide regular reports on these abysmal conditions to the heirs regarding
where the "spotted red heir" or "sorrel mare" disappeared, especially reports
to the distant heirs; and/or (c) who was no longer "of this county", as well
as perhaps were the "spotted red heifer" and other moveable assets no longer
"of this county" (ie, he lit out or absconded with estate assets).

FIRST SITUATION...If you find an ancestor or sibling/cousin of ancestor, with
more than one heir, intestate with land, business assets, or slaves (the big
three items -- though for LDR I guess we should add boats), you have two main
options I am told for the heirs to establish clear legal title to the assets:

QUIT CLAIM -- you are amenable/trusting and even if cash poor the heirs can
"quit claim" their interest in the specified asset, for the ritual one
shilling, a designated amount or nothing. A series of nine successive
sibling deeds in a Moniteau Co. MO. order book to one person (brother), deeds
from two of whom I had before only speculated were brother and
brother-in-law, alerted me to such a situation. In this case, they all quit
claimed their interest in a specified piece of land for $25.00 (see example
below). I would imagine that in many of these situations, the person taking
title to the interest may have been given a loan to pay the heir over time,
as opposed to "cash in hand". Note: an heir can also quit-claim his interest
in a property to another individual, not an heir, but some sort of further
court action would result if interests in the property are still split among
different persons (ie, a neighbor, creditors, and/or heir).

(b) CHANCERY COURT...If a quit-claim isn't feasible, then there needs (I am
told) to be a chancery case (friendly suit or not) dividing the property up.
The order either divides the property up of if it is real estate that
wouldn't be viable split it usually orders the sale of the property and then
states the division of the proceeds amongst the heirs (see example below).
In my experience with division of slaves, there is a calculation of value to
even everything out and then the slaves are named individually, which might
help identify a particular John Jones naming slaves in his will, etc. You
will be particularly lucky if the deceased was elderly, and some of his
children predeceased him...and therefore you get a bunch of grandchildren
named also, identified by their parent's name. Or a brother's case can name
the joint ancestor. Further, these suits also frequent give locations of
heirs.

SECOND SITUATION..Suits against Administrators who don't pay heirs are also
common, though less likely to result in a Court Order, which means that you
need the files themselves often. For example, in Brunswick VA 1780s there
are to suits by probable brothers Robinson against administrators of a Short
estate. It turns out those Robinsons (John and Nicholas) married two Short
sisters (Elizabeth and Tabitha), named in the files. The court records only
acknowledge the brothers vs. the Administrators (also not named). The
records also named another sister, also heretofore unidentified by
researchers -- unnamed daughters in the will. A second example, involves a
chancery court record confirming that a widow, Anne Bentley, with four young
children married James Spicer in Richmond Co VA 1730. His will names
"son-in-law" Bentley, and several sons of Bentley men, but the Chancery Suit
of one legatee against the Administrator confirmed that James Spicer was
"grandfather" -- and linked three Bentley men, wrecking havoc on Bentley
researchers of other Bentleys with the same given names (Samuel & John).

A final note on business chancery suits. When a business partner dies
intestate, then there is often a case regarding the assets of the business as
well. I have an ancestor who at his intestate death was in partnership
running your basic 1850s general store in the Ozarks. Prior to operating the
store he had been court clerk and operated a photography business on the
side. There is a separate business probate file, that shows there was a
chancery type case. Both his personal file and the business file are gold
mines of the residents and others passing through of Lawrence Co. Mo and
other info. The courthouse burned in 1860s, except a few files. When my
ancestor was court clerk it appears he paid scores of people's court fees
(including money to ladies to feed prisoners, etc.) that had not been repaid
12 years later. His records say if it is an administrator's bond, who it was
for (orphan). He hadn't been paid for many photos. His personal inventory of
people owing him money is 20 pages long. The business inventory is twice as
long. I am slow transcribing the business inventory and we have been
jokingly queried whether we will tally the interest on the debts up and try
to collect!! So., if you are at a courthouse, know a businessman
died....check out his files. Even my ancestor who did blacksmith services
for neighbors has a probate showing about 25 who owed money at his death. In
that case I got the settlement and confirgure who paid and didn't.

I hope this helps a little. The above represents JUST my experience. I
always think that concrete examples are more inspirational than dry legal
facts.

With my best regards and examples follow,
Janet (Baugh) Hunter

EXAMPLE OF CHANCERY CASE COURT ORDER in order books == files no longer
exist, prior court notes on the case identify other grandchildren, and
son-in-law deceased in meantime): Footnote: there are two other children
not sharing in the division....the two children who got property from their
father via deed...We don't know if this was friendly or not. ALL of those
below were elsewhere at the time (GA, SC and TN).

Nottoway (Virginia) OB 6 p. 25 reel 10 LVA,
4 Jan 1810

Jeremiah Bentley, John, Robert and Ann Bentley, children of
Daniel Bentley dec'd & William Samuel, Daniel, Jeremiah, Mary
Winney and Elizabeth Allgood, children of Mary Allgood dec'd and
Leroy, William A Sucy? & Hartwell Vaughan, children of Alsey Vaughan dec'd
Complts
Against
John Allgood deft. In Chancery
On hearing the bill answer -- It is decreed and ordered that William Moore
Kennon Harper, Edward Traylor and George Jackson or any three of them do make
sale of the lands which were assigned to the late Elizabeth Bentley, widow of
Saml.
Bentley Sen. dec'd as her dower in the lands of the said Samuel dec'd on a
credit of
twelve months and that they divide the proceeds thereof in four parts and
assign
one part thereof to Jeremiah Bentley, one other part thereof to be equally
divided
between John, Robert and Ann Bentley children of Daniel Bentley dec'd One
other
part thereof to be equally divided between, John Allgood, William Allgood,
Daniel
Allgood, Jeremiah Allgood and Mary Winney and Elizabeth allgood as children
of
Mary Allgood dec'd and the remaining part thereof to be equally divided
between Leroy, William A. Sucy and Hartwell Vaughan as children of Alsey
Vaughan
dec'd and that the said commissioners convey the said land to the purchaser
and that they report to the court for a final decree.

EXAMPLE OF QUIT CLAIM DEED..In this case of nine successive IDENTICAL deeds,
all the wives had to relinquish their dowers, which was another boon to have
them named! In this case below, Williams being such a common name, having
Franky's dower relinq, was important.

"Know all men by these presents that I Thomas L. Williams and my wife Frankey
of the County of Cole & the State of Missouri for and in consideration of
twenty-five dollars in this hand paid by Commodore P. Williams of County and
state aforesaid, the receipt whereby is hereby acknowledged have granted
bargained & sold & do by these presents grant bargain and convey unto the
said Commodore P. Williams his heirs and assigns forever all our interest in
the following described tracts of land, to wit, the South East Quarter of the
N West quarter & the NE Quarter of the SW quarter & the No West Quarter of
the No East quarter of Section 17 of Township No 45 of Range No 15, to have
and hold the above described tracts of land with all the appurtenances
thereunto belonging to the said C. P. Williams his heirs & assigns forever
and of Thomas L. Williams and my wife Frankey do hereby for ourselves and
heirs Covenant with the said Commodore P. Williams his heirs & assigns that
we will forever renounce [?] P.V. before the title of the law so far as our
interest in said tracts of land so far as our interest is considered against
the claims of any other Persons as being legal heirs & legatees of James
Williams deceased the former owner of said land in {two words unreadable]
whereof we hereunto set our hands & affix our seals this 15th day of January
1844."

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