Jennings - Chancery Suit

 Submitted by Janice L. Abercrombie (

 Randolph & c vs. Jennings. & c 

To the honorable John E. Mason, judge of the circuit court of the County of Louisa:
Humbly complaining sheweth unto your honor your complainants John Randolph, H. F . Randolph, George W. Randolph, Ann S. Martin, Ann Maria Harris, Edwin G. Holland, Francis R. Holland, Alice P. Holland, Florence Holland, Charles R. Jennings, John T. Jennings, Simeon Talley, Charlie Talley, W. W. Jennings and D. Q. Jennings:

That one Thomas Jennings of the County of Louisa, Virginia, died on the 5th day of March, 1821, leaving a last will and testament which was duly admitted to probate and recorded in Louisa County Court Clerk's office in will book 1817-25, p. 217, by which last will and testament a tract of land owned by him in the County of Louisa, Virginia, on the waters of Fork Creek, containing 96 acres, was devised to his wife Sarah, for life, with remainder to Ann Randolph, Sarah Southworth and Charles Carter Jennings, all children of the deceased, with provision that in event of any of these three dying without issue the others should take the share of such party dying. An office copy of said will is herewith exhibited marked " A " and is prayed to be taken and considered as a part of this bill 
That said Sarah Jennings died some years ago; that said Sarah Southworth died without issue and said Ann Randolph and said Charles Carter Jennings are dead and in accordance with the provisions of the aforesaid will the descendants of said Ann Randolph and said Charles Carter Jennings are now the owners in coparcenary of the said tract of land. 
Complainants further show that said Ann Randolph left the following children: Sallie, Lucy, Thomas, Edmond, James, William 0., Carter. J. and Mary; that said Thomas, Edmond, William 0. and Carter J. Randolph all went to Missouri many years before the late civil war and nothing has been heard from them or their descendants since their departure from Virginia' that having been absent from Virginia for a term of more than seven years, they are presumed to be dead, and their descendants, if such there be, all are unknown; that said Sallie and Lucy Randolph died without having married and left no descendants' that said James Randolph died leaving as heirs, your complainants, John W. Randolph, H. F. Randolph, George W. Randolph and Ann S. Martin.
Complainants further show that said Mary Randolph married Henry M. Holland both of whom are now dead leaving surviving them the following children, to-wit" your complainants Ann Maria Harris, a daughter, now living, and a son John Pickney Holland, who has since died leaving surviving four children; your complainants, Edwin G., Francis R., Alice P. and Florence H. all of whom are of age.
Complainants further show that said Charles Carter Jennings was twice married; that he and both of his said wives are now dead; that by his first wife he had the following descendants: 
a son Robert T. Jennings, now dead, leaving a widow, Roxy Jennings and the following children, your complainants Charles R. and John T. Jennings, and the following infants, viz. Hattie G., aged 19 years, Josie, aged 17 years and Thomas aged 14 year; daughter. Sallie Carter Jennings who married [blank] Talley, both now dead, leaving the following children: your complainants Simeon Talley and Charlie Talley,  son Carter Jennings, now dead, who left a widow, Susan Jennings, now living in Augusta County, Virginia, left no descendants; daughter Bettie A. Talley, married to [blank] Talley, they both being dead; and a son Thomas Jennings, who went from Virginia and when last heard from, about three years ago, was living in Ohio.
Your complainants further show that said Charles Carter Jennings, by his second wife, had the following children: your complainants W. W. Jennings and D. Q. Jennings, and John .Jennings who died leaving children the number, names and residence of whom are unknown. It is known that his children as well as his widow, if living, are non-residents of the state of Virginia. A diagram showing the relative relationship of said descendants is herewith exhibited marked "B " and is prayed to be taken and considered as a part of this bill.
Your complainants further charge that the said Bettie A. Talley, one of the descendants of Charles Carter Jennings, above mentioned, has for a number of years been in possession of said land, and has cut most of the timber from the place and has never paid any rent on the same or rendered any account whatever of her use and occupation of the premises.

    Your complainants further charge that said land is incapable of a division in kind and the interest of all parties interested would be subserved by a sale thereof.

    In tender consideration whereof and for as much as your complainants are remediless in the premises save by the aid of a court of equity where matters of this nature are alone and properly cognizable and relievable and to the end that justice may be done your complain ants pray that Roy Jennings, Hattie G. Jennings, Josie Jennings, Thomas Jennings, the last three of whom are infants' Thomas Jennings, Susan Jennings, the widow of Carter Jennings; the unknown descendants of Thomas Randolph, Edmond Randolph, William 0. Randolph and Carter J. Randolph; the unknown descendants of John Jennings, dec'd., the unknown widow and descendants of John Jennings, dec'd., and Bettie A. Talley may be made parties defendant to this bill and required to answer the same, but any answer underneath is hereby expressly waived; that proper process issue; that a proper guardian ad litem may be assigned the infant defendants who shall answer this bill; that order of publication may be awarded against the absent and unknown defendants; that an account may be taken of the transactions of Mrs. Bettie A. Talley while in possession of said land and that the rents and profits of said land may be set off against her share; that said land may be sold, and the proceeds divided among the parties respectively entitled to the same, according to their respective shares; that a proper counsel fee may be allowed your complainants' counsel out of the common fund; that all proper accounts may be taken, inquiries directed and decrees and orders entered, and that your complainants may have such other, further and general relief as to equity may seem meet or the circumstances of their case may require. And as in duty bound complainants will ever pray, &c.

 A. K. & D. H. Leake, and F. W. Sims, P. Q.

Exhibit "B" with bill
Ann Randolph, dec' d. Descendants
I. Thomas went from Virginia, descendants unknown
2. Edmond
3 Carter J .
4. William 0.
5. James, dec'd.

1. John W.
            2. George W.
            3. Henry F.
            4. Ann S. Martin
            5. Mary married [blank] Holland, both dead
1. Ann Maria Harris, living, no children 
2. John P., dec'd.
    1. Edwin G.
    2. Francis R.
    3. Alice P.
    4. Florence H.
    7. Sallie died without issue
    8. Lucy died without issue

Sarah Southworth died without issue

Charles Carter Jennings, dec'd., twice married:
I (first wife)

I .Robert T., dec'd. Leaving widow Roxy
                1. Charles R.
                2 John T.
                3. Hattie G., infant
                4 Josie
                5. Thomas

            2. Sallie Carter married [blank] Talley
                1. Simeon
                2 Charlie

3. Carter Jennings, dec'd. leaving widow, Susan, now living.
            4. Bettie A. Talley
            5. Thomas Jennings, non resident

II second wife
            6. W. W. Jennings
            7. D. Q. Jennings
            8. John Jennings, dec'd. Leaving children and perhaps widow, names and number unknown, non-residents of the state of Virginia.
Mills, Talley &c vs Jennings & others -filed 1891 February Rules
To W. S. Barton, Esq. Judge of Louisa Circuit Court
Your complainants Josiah T. Mills, R. P. Talley, A. W. Talley and John P. Thompson respectfully represent that on the [blank] day of January 1838 Robert Thompson departed this life in the county of Louisa, seized and possessed among other things of a tract of 223 3/4 acres of land lying on South Anna River in said county having first duly made and published his last will and testament by which he devised said tract of land to his three single daughters who were Kitty Thompson, Mary J. Thompson, and Sarah A. Thompson with the proviso if either of them should die without issue, living at the time of her death the share of the one so dying to be equally divided among his other children living at the time or the descendants of such as may be dead such descendants taking the share of their deceased ancestor. Said will was admitted to probate in the county court of said county January 8,1838 a dutiful copy of which is herewith exhibited marked " A " and prayed to be read as a part of this bill. The said three single daughters continued to reside on said land until their respective deaths ‑Kitty died many years ago unmarried without issue and intestate. Mary J. lived until the year 188 [blank] and died unmarried and without issue but left a will by which she gave her whole estate to her surviving sister Sarah A. Thompson and upon the [blank] day of 1890 the said Sarah A. Thompson died unmarried, intestate and without issue. The said Robert Thompson left the following children to
1. Elizabeth who married [blank] Jennings and is dead leaving children.
2 Nathaniel Thompson who has been dead for many years leaving your complainant John P . Thompson his only son.
3. Ann Thompson who married Joseph Talley and is dead leaving descendants.
4. Richard A. Thompson who is dead leaving descendants.
5. Ellen Thompson who married [blank] Jackson and who is dead leaving descendants
And the three single daughters aforesaid.
Elizabeth Jennings left the following children and heirs at law:

1. Robert T. Jennings
            2. Betty A. Talley who resides in Louisa County
            3. C. C. Jennings of Augusta County
            4. Thomas Jennings anon resident of this state
            5. Sally Jennings who married Thomas Talley both of whom are dead leaving two sons as his heirs at law.

1. Charles T. Talley of Fluvanna County
            2. F. D. Talley of Louisa

Ann Thompson married Joseph Talley as aforesaid both of whom are dead leaving the following children your complainants
            1. A. W. Talley
            2. F. Dean Talley
            3. Joseph Talley
            4. Mary J. Talley
            5. Richard A. Talley

F. Dean Talley is dead leaving a widow Mrs. E. E. Talley and one child 1. Mrs. Nanny B. Watkins both of whom live in Powhatan County

 Joseph Talley is dead leaving complainant R. P. Talley, his only child, and his widow, Mary,  now the wife of M. T. Gooch.

 Mary J. Talley married Robert G. Mills both of whom are dead leaving complainants

1. Josiah T. Mills their only child and heir at law.

Richard A. Talley is dead leaving three children:

1. Emma D. now the wife of George Wiltshire, living in Hanover County
            2. Edward G. Talley living in Richmond
            3. Richard Talley being an infant under 21 years living in Hanover County
Richard A. Thompson left five children:

1. Susan
            2. Mary
            3. Lucy
            4. William
            5. Richard

 Susan is now the wife of the aforesaid C. C. Jennings.
Mary married a man named Jennings and is a non-resident of this state
Lucy is now the wife of James Richards and lives in Louisa Co.
William Thompson is dead leaving two children:

I. Edward resides in the state of Kentucky.
            2. William died leaving no issue

Richard Thompson died leaving children whose names and residence are unknown
Mrs. Ellen Jackson and her husband are both dead leaving two children as their heirs at law

            I. Robert Jackson
            2. Kitty Jackson
Kitty married a man named Thompson and died leaving three children

            1. Robert L.
            2. Mary E.
            3. Albert H. Thompson

Robert Jackson and the three Thompsons aforesaid are all non‑residents of this state.

Complainants further represent that there is a very good dwelling house and some other improvements on the said tract of land but the land itself while naturally good has greatly depreciated in value and by the best assessment is about at $3.00 per acre while the improvements constitute 1/3 of this value is about It is therefore evident from the number of parties in whilst and the nature of the property that the same cannot be conveniently divided in kind among the parties entitled and complainants aver that such is the fact, indeed they think a fair and equal division in kind impossible and the land will have to be sold for partition. For as much therefore as complainants are without remedy save in a court of equity &c they pray that Robert T. Jennings, Betty A. Talley, C. C. Jennings and Susan his wife, Thomas Jennings, Charles T. Talley, F. D. Talley, Mrs. E. E. Talley, Mrs. Nanny B. Watkins, Mrs. Mary Gooch, Mrs. Emma D. Wiltshire, Edward G. Talley, Richard Talley, Mrs. Mary Jennings, Mrs. Lucy Richards, Edward Thompson, the children of Richard Thompson whose names and residences are unknown, Robert Jackson, Robert L. Thompson, Mary E. Thompson, Albert H. Thompson be made parties defendants to this bill and required to answer the same under oath the adults in person and the infants by a guardian ad litem assigned him by the court. That the Commonwealth order of publication be entered against The non residents and unknown defendants. That the said tract of land be sold for partition under the orders of this court and the proceeds divided among the parties entitled thereto. That a reasonable attorneys fee be allowed the attorney of your complainants for his services in this suit and for such other further and general relief as the nature of the case requires and to equity seemeth meet. And your complainants will pray &c.

                                    Josiah T. Mills, R. P. Talley,

                                    A. W. Talley, John P. Thompson by counsel
 R., L Gordon, Jr. p.q. 

McDonald vs Thompson's Exor .Bill filed 1871, Settled 1928 file 1928-146

To the Hon. Henry Shackelford, judge of the Circuit Court of Louisa County.

Your orator Lot H. McDonald and Kate J. his wife, who sues by her said husband as her next friend, of Culpeper County, respectfully represents to your Honor, that a certain Richard A. Thompson late of Louisa County , before his death, to wit on the 7th day of September 1867, executed his bond to your oratrix the said Kate J. McDonald for the sum of three hundred dollars payable on demand, and upon which they have instituted suits now pending in the County Court of said County , against Edward P. Hawkins, the executor of the said Richard A. Thompson, dec'd. They file herewith as an exhibit marked " A: an office copy of the said bond which they pray may be taken as a part of this bill.

Your orator and oratrix further represent that the said Richard A. Thompson departed this life in the month of February 1868 in said Louisa County seized of a tract of land lying therein on Beaver Creek and containing about four hundred and eighty‑two acres, and possessed of some personalty consisting of household and kitchen furniture and plantation tools and implements" besides horses, stock and cattle, having first made and published his last will and testament in writing bearing date the 17th day of February 1868 and which was admitted to probate by the County Court of said Louisa County on the 13 th day of April 1868.

Your orator and oratrix further represent that on the said 13th day of April 1858, the said  Edward P. Hawkins, one of the executors named in the said will, duly qualified as such in said County Court, and executed his official bond as such executors with Thomas R. Hawkins of Orange County as his surety in the penalty of $1,600 and conditioned according to law; and that on the 11th day of May 1868 an appraisement of the personalty of the estate of the said decedent amounting in the aggregate to $210.50 was returned to the office of the said County Court. They file herewith as exhibit "B" official copies of the said will, the order appointing the executor thereof, the said executorial bond and the appraisement aforesaid, which they pray may be taken as a part of this bill.

 Your orator .and oratrix further represent that if the said executor has made any sale of the  personalty of the said estate no account thereof has been returned to the clerk's office of the said  County Court,  nor has the executor as yet made, before one of the Commissioners of the said  Court any settlement of his actings and doings as such executor .

Your orator and oratrix further present that there was an unsettled account between the  said Edward P. Hawkins and the said Richard A. Thompson at the time of his death, growing out  of a contract or agreement between them in reference to the sale of a large quantity timber made  by the latter to the former, growing on the said tract of land and upon this matter there was as your orator and oratrix are informed a considerable sum of money due by the said Edward p . Hawkins to the said Richard A. Thompson. There may also have been other debts and demands due to the said Richard A. Thompson.

Your orator and oratrix further represent that by the will of the said Testator, after directions the payment of his debts and funeral expenses, he bequeathed the sum of five hundred dollars to his daughter Lucy Jane (who has since intermarried with [blank] Richards) out of any funds that may come to the hands of his executors, to make her equal in advancement heretofore made to his other children in his life time. In the next place he devises and bequeaths the residue of his estate, both real and personal, to his wife Jane (who survived him and is still living) for and during her life time and at her death the same to be equally divided among all his children  living at his death and the lawful heirs of his deceased children ‑the portion falling to the children of his deceased son Richard, to be placed in the hands of a trustee for their benefit. At the time of the testators death and of the date of the will he had three children living and two sets of grandchildren by two deceased sons; and these parties together with his widow are entitled to the whole of his estate real and personal, after the payment of funeral expenses, costs of administration and debts due by the testator. 
His three living children are as follows:
1st Mary Jennings, the widow of Robert Jennings, dec'd. .
2nd Susan Jennings wife of Charles Carter Jennings
3rd Lucy Jane Richards wife of James Richards.

His two sets of grandchildren are as follows
1st Edmund Thompson and William Thompson both of who are infants under twenty one years of
age, and are the children of the testator's son William Thompson by your oratrix Kate J.
McDonald and the said William Thompson being her first husband.

2nd John M. Thompson and [blank] Thompson both of whom are infants under twenty one years
of age, and are the children of the testator's son, Richard Thompson, who, as well as his brother
the said William Thompson died several years before the said testator Richard A. Thompson,
dec'd. The object of your orator and oratrix in filing this bill is to get payment of their debt
aforesaid and all interest therein our of the personalty if sufficient and if not out of the realty of
the said testator's estate; and to hold the security of the said Edward P. Hawkins upon his
executive bond, responsible should the executor have committed or suffered a devastavit of the
assets of his testator's estate. But for as much as they are without remedy in the premises save in
equity where all such matters are properly cognizable and relievable they pray the said Edward p .
Hawkins, exor. of Richard A. Thompson, dec'd., Jane Thompson, Mary Jennings, Charles Carter
Jennings and Susan his wife, James Richards and Lucy Jane his wife, Edmund Thompson and
William Thompson, the two infants children of William Thompson, dec'd. And John M.
Thompson and [blank] Thompson the two infant children of Richard Thompson, dec'd., and
Thomas R. Hawkins, may be made parties defendants to this bill and required to answer its
allegations on oath as particularly as if they were here repeated and they specifically interrogated
i thereto‑ the adults in their own proper persons and the infants by some guardian ad litem to be
l appointed by the court; especially that the said Edward P. Hawkins executor as aforesaid this
above all about the timber contract or agreement aforesaid; that the said executor render before
one of the commissioners of this court an account of his actings and doings as such; that the creditors of the said testator Be invoked before the said commissioners and required to prove
their debts and demands; that if the personalty of the said estate should not prove to be sufficient
to pay the said debts and demands the said land or so much thereof as may be necessary may be
sold for that purpose; and general relief as may consist with equity and the nature of their case
&c. Maya sub issue &c

                                                                                         Lot H. McDonald
                                                                                         Kate J. McDonald
Murray, p. g.

L. H. McDonald and Kate S. J. McDonald ‑
she was Kate S. J. Thompson widow of William Thompson who was a son of Richard
Thompson, dec'd.,
Edmund R. Thompson 21 in Oct/80
William J. Thompson 16 about yrs. Old
Susan Jennings and her husband Charles Jennings. She was Susan Thompson but was the widow
of Cary Talley
James Richards (Louisa) and Lucy Jane, his wife who was Lucy Jane Thompson
Richard Thompson dead left widow Susan Thompson was originally Susan Hambleton two
John Thompson over 21 and one girl don't know name
Mary Jennings who was Mary Thompson and her husband unknown live in Texas
Mrs. Jane Thompson widow of Richard Thompson, dec'd. Died on the 8th or 9th of June 1880  Richards has cut tan bark from some 5670 [?] cords and is selling same regularly, her committee unaccountable thereto and has not only permitted same to be done by others with his knowledge and [?] but has procured others so to do prior to Mrs. Thompson's death and is now continuing to do same regardless of the rights of others interested. Cut after being notified and procured to be cut large quantities of valuable pine timbers on the farm, ostensibly for the purpose as said at times of fixing up around place, but not one of it was so done but hauled off for the use and benefit of said Richards who pillaged the whole place during the lifetime of Mrs. T. and is now continuing. Mrs. McDonald has debt against estate about 500 acres well timbered, hate to be sawed to pay debts if not it would be impossible to divide between parties what would remain after the payment of debts and expenses. Commit to shff Richard Thompson, Sr. estate & Mrs. Thompson estate.
[Two plats in bill as exhibits}

The above plat is the form of one hundred and sixteen acres of land according to the bearings and distances which were taken by Mr. J. B. Madison county surveyor in Dec. 1874 belonging to the estate of Capt. Richard a. Thompson, dec'd. And known or designated as lot No.3 situated on the waters of Beaver Creek and in a northern direction from the mansion of the late Capt. Thompson. [adjoins Mr. Steams, Jno. Kinney

The above plot is form of one hundred and twenty five acres of land according to the bearings and distances which were taken by Mr. J. B. Madison county surveyor in Dec. 1874 belonging to the estate of Capt. R. A. Thompson, dec'd. And known as lot No.2 and situated in a northeastern direction from the mansion of the said Capt. Thompson and adjoining the land of Mr. Sterns and lot No.1.
Will of Robert Thompson

I Robert Thompson of the county of Louisa being of sound and disposing mind and memory do make order publish and declare this writing as and for my last will and testament as follows to wit" I give and devise to my three single daughters now living with me the tract of land on which I live and its appurtenances and all my household furniture having made advancements to my other children of nearly equal value and if either of them should die without issue living at the time of her death the first of anyone so doing in the land to be equally divided among my other children living at the time and the heirs of such as may be dead, such heirs taking the part of their deceased ancestor to be equally divided among them. All the rest and residue of my estate of every kind I direct to be sold and the proceeds after paying funeral expenses, charges and debts if any to be equally divided among all my children living and the heirs of such as may be dead such heirs to take portion of their deceased ancestor to be equally divided among them.
My son-in-law, William Jackson, having lived with me some time as overseer for which I have more than compensated him in extra advancements it is my will that if he make a charge for his services so much shall be deducted from his portion. It is also my will that a Negro girl which I purchased of my said son‑in‑law and returned to him shall be retained by him and not accounted for in the division. Lastly I appoint my sons Nathaniel Thompson and Richard Thompson and my friend Charles Y. Kimbrough executors of this my last will and testament. , In testimony whereof I have hereunto set my hand and affixed my seal declaring and publishing this writing as and for my true last will and testament this 23rd. Day of December 1837. Robert Thompson (Seal)

Signed, sealed, published and declared in the presence of James D. Nuckolls, John Bibb, C. Y. Kimbrough.

In Louisa County Court January 8th 1838 The last will and testament of Robert Thompson, dec'd. Was exhibited in Court and was proved by the oaths of John Bibb and James D. Nuckolls subscribing witnesses thereto and by the court is ordered to be recorded. On motion of Nathaniel Thompson and Charles Y. Kimbrough executors named in the last will and testament of Robert Thompson, dec'd. Who made oath as the law directs and together with John Hunter and Richard Thompson their security who justified on oath as to their sufficiency entered into and acknowledge a bond in the penalty of fifteen thousand dollars conditioned as the law directs a certificate is granted them for obtaining a probate of said will in due form. Teste John Hunter, CLC.
A copy tests Jesse J. Porter, CC

Commissioners Report

Commissioner's Office,
Louisa, Va., March 3rd, 1904
To the Ron. D. A. Grimsley, Judge,
of Louisa Circuit Court
Your undersigned commissioner respectfully reports that acting under decree of your honor's said court entered at its September Term, 1903, in the chancery cause therein depending of short style Mills, Talley, &c vs. Jennings and others, fixed upon his office at Louisa, Virginia, as the place, and Saturday, the 27th day of February, 1904, as the time, to take, state and settle the following accounts directed by said decree, and having first given notice to all parties interested as will appear from the notices herewith returned, your commissioner commenced his proceedings at said time and place and has continued and adjourned over the same from day to day and from time to time until this present date, when he has completed the same and herewith submits said accounts following, namely: 
Account A. is an account showing who are entitled to the funds in this cause and in what proportions.
In explanation of this account your commissioner respectfully reports that the land from the sale of which the said funds arose passed by devise under the will of Robert Thompson, who died in 1838, upon the death of Miss Sarah A. Thompson in 1890, the survivor of the three maiden daughters of said testator, namely: Kitty, Mary J. and Sarah A. Thompson, to the descendants of the five other children of said testator, namely: Elizabeth, who marries Charles
Carter Jennings, Nathaniel Thompson, Ann, who marries Joseph Talley, Richard A. Thompson,
and Ellen, who married William Jackson, all of whom are dead, leaving descendants as per the
following statements:
1. Elizabeth, who married Charles Carter Jennings, both dead, leaving children:

        1 a. Bettie A. Talley, dead leaving a paper purporting to be a will, but not properly authenticated to operate as such:
         2a. Sally, who married Thos. C. Talley, both dead leaving children:
                      lb. F. D. Talley, Mineral, Va.
                     2b. Charles T. Talley, Kent's Store, Va.
        3a. Thomas Jennings, non resident, whether dead or living not known, and if living, whereabouts not known, but Mrs. Betty M. Grubbs, Vigor, Louisa County, Va. Is a child by first wife, and the only child by such wife.
        4a. C. C. Jennings, dead, J. H. Woolfolk, late sheriff of Louisa County, Virginia, is his administrator and Mrs. Susan Jennings, Augusta County, Va., is his widow. This estate is indebted for medical services of this decedent during last illness to Dr. J. J. Anderson, whose debt is asserted by petition in this cause, and also to W. W. Jennings, Shannon Hill, Louisa County, Va. For coffin and perhaps other funeral and last illness expenses of such decedent incurred and paid by latter, which claims, however are not asserted in this suit, but can be paid by the said administrator, and will likely consume the share of such estate of said fund.
        5a. Robert T. Jennings, dead leaving a widow, Mrs. Roxy Jennings, age 60 years, Greensprings, Va., and children
                lb. Charles R. Jennings
                2b John T. Jennings
                3b. Hattie G. Jennings
                4b. Josie Jennings
                5b. Thomas Jennings another and youngest son of Robert T. Jennings, dec'd. Died unmarried and without issue and intestate.

The address of all these children who are living is Greensprings.

2. Nathaniel Thompson, dec'd. Left surviving him:

1 a John P. Thompson, one of the plaintiffs in this suit, and only child, who is also dead, leaving surviving him:

1 b. Mrs. Sallie P. Thompson, his widow, age 62 years, #810 E. Leigh Street, Richmond, Va.
                        2b. John Payne Thompson, a son, #708 E. Grace St., Richmond, Va.
                        3b. Edward Gilmer Thompson, dead leaving a widow
                                    1 c. Mrs. Ella M. Northern, age 40 years, Marianna, Ark, and his son
                                    2c. Edward Thompson, age 19 years, Vanderbilt University, Nashville, Tenn.
3. Ann, who marries Joseph Talley, both dead, leaving children:
            la. A. W. Talley, dead, leaving children,
                    lb. Miss Willia A. Talley
                    2b. Miss Fannie Talley
            2a. F. Dean Talley, dead, leaving a widow
                    la. Mrs. E. E. Talley, age 73 years, Hallsboro, V A.
                    2a. Mrs. Nannie B. Watkins, only child, Hallsboro, Va.
            3a. Joseph Talley, dead, leaving a widow
                    1b. Mrs. Mary Gooch, age 71 years
                    2b. R. P. Talley, only child.
            4a. Mary J., who married Robert G. Mills, both dead, leaving
                    lb Josiah T. Mills only child.
The latter owes a rent bond to R. L. Gordon special commissioner in said cause, for $18.00 with interest from January 1st, 1892, which amounts to $31.19 as of March 14th, 1904. This more than consumes the $25.79 4/5 the share of 1/25th belonging to the last named party of the said fund, leaving a balance of$5.39 1/5 as of last named date due by such party on such bond; and this $25.79 4/5 is hereinafter distributed amongst the other parties entitled in addition to their shares of the fund in bank, as will hereinafter more fully appear; leaving said Josiah T. Mills no share in the distribution of such funds.

5a. Richard A. Talley, dead, leaving three children,
                     lb Mrs. Emma D. Wiltshire, Hanover County, Va.
                     2b. Edward G. Talley, Richmond, Va.
                     3b. Richard Talley, the infant defendant in said cause. ,

4. Richard A. Thompson, dead, leaving children,
            la. Mrs. Susan Jennings, aforesaid
            2a. Mary Jennings, non‑resident
            3a. Mrs. Lucy Richards
            4a. William Thompson, dead, leaving children,
                        lb. Edward Thompson, resident of Ky., J. E. Smith, Vigor, Va., knows his address
                        2b William Thompson, dead, intestate, unmarried and without issue

5a Richard Thompson, dead leaving children, John and Mary, non-resident and exact residence unknown.

5. Ellen, married William Jackson, both dead, leaving:

1a. Robert Jackson, non‑resident
            2a Kitty, married [blank] Thompson, dead leaving:
                    1b. Robert L. Thompson
                    2b. Mary E. Thompson
                    3b. Albert A. Thompson, all three non‑residents and exact whereabouts unknown.

The statement of this account will further sufficiently explain the same.
In regard to the other matters of enquiry directed by said decree, your commissioner respectfully reports as follows:
Your commissioner is of opinion that a fee of $75.00 is a reasonable fee to be allowed R. L. Gordon, Jr., as counsel in this cause, to be borne by the said fund. He has already retained in his hands a special commissioner $50.00 on account of such fee, so there should be paid him the further sum of$25.00, which your commissioner makes provision for in said Account A. 
In regard to the items of $2.88, $4.64, $2.88 and $2.00 as to which your commissioner, was directed by said decree to make enquiry , your commissioner found the vouchers therefor; amongst the papers of said cause, and herewith returns the same, so that such items are supported by proper and satisfactory vouchers as will thus appear.

In regard to the enquiry as to whether all necessary parties are before the court in said cause:

As will appear from what is stated above as to the parties who are descendants of the said Robert Thompson, dec'd, and the deaths that have occurred, since said suit was brought, amongst such parties, the following are not parties before the court in such suit otherwise than that they .have been given notice of the taking of these accounts by your commissioner, as above stated, namely:

Roxy Jennings, the widow, and Charles R. Jennings, John T. Jennings, Hattie G. Jennings and Josie Jennings, the children now living of Robert T. Jennings, dec'd., Sallie P. Thompson, the widow, John Payne Thompson, the surviving son, Mrs. Ella M. Northern, the widow of a deceased son, and Edward Thompson a grandson of John P. Thompson, dec'd., Willia A. Talley and Fannie Talley, children of A. W. Talley, dec'd.

     F. W. Sims, Commissioner in Chancery of Louisa Circuit Court

Fee for this report being for 22 hours diligently employed in ascertaining parties and whereabouts, writing notices, and making up report, @ 75 cents per hour -$20.25 Cash sent to sheriffs to serve notices and postage $3.75, Total- $24.00 F. W. Sims, Comm'r.

1900 Richards vs. Capt. Richard A. Thomson's heirs bill filed 1874 Feb. Rules file 1900-061

To the Hon. Wm. S. Barton, Judge of the Circuit Court of Louisa County.

Your complainants, James Richards and Lucy Jane, his wife suing in her right humbly complaining, respectfully shew unto your honor that one Capt. Richard A. Thompson, the father of your female complainant, and a resident of said County , departed this life in the month of February in the year 1868, having first made his last will and testament, herewith exhibited marked A. the provisions of which will be noticed below

That at March rules 1870, on Lot H. McDonald and Kate J. his wife, filed their bill in this court for the purpose of requiring Edward P. Hawkins, the executor of said testator, to settle his executorial accounts and invoking the creditors of the decedent before the Commissioner with a special object on the part of the said plaintiffs to subject the decedent's estate to the payment of a judgment debt due them from him but that as your complainants are advised, the scope of said bill is not broad enough to embrace a construction of the will of the testator and therefore they now come before the court asking it to construe the same, especially the items of it which relate to your complainants. The language of the will is as follows: "Item 1st I desire all my just debts and funeral expenses to be paid" ‑"Item 2nd After the payment of debts and funeral expenses, I give and bequeath to my daughter Lucy Jane five hundred dollars out of any fund that may come into the hands of my executors hereafter to be named to make her equal in advancement, heretofore made to my other children. Item 3rd I will and bequeath to my beloved wife Jane all my real and personal property after the payment of the sums mentioned in Items 1st and 2nd to be held and enjoyed by her during her natural life and after death to be equally divided among all my children living at my death and the lawful heirs of my deceased children. The portion falling to my son Richard's children, dec' d.  deceased son Richard's children] at the death of my wife Jane I desire my executors or the county court of Louisa to place in the hands of a trustee for the benefit of said children. I hereby appoint my friends Andrew Walton and Edward P. Hawkins my executors of this my last will and testament."

Your complainants further shew that such is the exact language of the said testator's will and accordingly they charge that the legacy bequeath to your female complainant in Item 2nd. Is a charge upon the real and personal estate of the testator, claiming that such was the testator's intention. But if the court should hold that such is not the case your complainants charge that the testator left enough personal property to pay the said legacy, but that the same has been used by his executor or is to be used by him by order of the court in the suit mentioned above to pay the testator's debts, and to the extent of such usuage or application of the personalty , your complainants claim that the testator's real estate is and ought to be substituted as a fund legally bound for the payment of said legacy.

Your complainants further shew that the testator never in his lifetime made them any advancement in satisfaction of said legacy nor has his executor ever paid it to them or any part thereof and that they claim interest on it from twelve months after the date of the testator's death, if the court should not be willing to regard it as a debt due your complainants and therefore allow interest from the date of the testator's death.

That the testator's estate has been entirely wasted by his executor, Edward P. Hawkins, who was his son‑in‑law, and who is now irresponsible and insolvent. That your complainants have derived no benefit from the estate, that they are very poor, having a family of little children, dependent on them for a support. That the testator left a tract of land of 484 acres since occupied by his widow under the provisions of his will and that with her your complainants have lived, supporting and taking care of her.

That in the suit mentioned above a decree has been made by this court to sell a sufficient quantity off said tract of land to pay the decedant' s debts, but the Commissioner has not yet been able to effect a sale.

That the following are the devisees and distributees of the said decedent's estate, to wit:
1. Kate J. Thompson who married Lot H. McDonald
2. Martha J. Thompson who married Edward P. Hawkins
3. Mary A. Jennings, widow of Robert Jennings, dec'd.
4. Susan Thompson, who married Charles Carter Jennings 
5. Edmund and William Thompson, the 2 infant children of William Thompson, dec ' d. , 
6. John M. and [blank] Thompson, the 2 infant children of Richard Thompson, dec'd., the later having married David Sims. 
7 Jane Thompson, decedent's widow 
8. Lucy Jane Thompson who married James Richards, your female complainant, the youngest child of the testator. The said Mary A. Jennings lives in Wayne County, Tennessee; Charles Carter Jennings and Susan his wife live in Augusta County , Virginia; the rest of the said parties live in Louisa County.

For as much therefor as your complainants are without remedy save in a court of equity, they pray that Lot H. McDonald and Kate J. his wife, Edward P. Hawkins in right of his wife, Martha J., and as exor .of Richard A. Thompson, dec'd., Mary A. Jennings, Charles Carter Jennings and Susan his wife, Edmund Thompson, William Thompson, John M. Thompson, David Sims, and [blank] Sims, his wife; Jane Thompson may be made parties defendant to this bill and be required to answer the same on oath, the adults in their own proper persons and the infants by a proper guardian ad litem to be appointed by the court. That the court will construe the will of the testator, Richard A. Thompson, dec'd. Determining whether the legacy given to your female complainant by "Item 2nd" is not a charge on the real estate of the testator as well as on his personal estate, to be paid out of the same after the payment of testator's debts. That, if necessary , there may be an account taken of said legacy and a decree for enough of testator's lands to pay the same, if the court should be of opinion that it is a charge thereon. And that your complainants may have such other and further and general relief as the nature of their case may require or to equity shall seem meet, and your complainants will ever pray &c. May a spa go &c. James Richard, Lucy Jane Richards by counsel, J. B. Winston.