Submitted by Janice L. Abercrombie
(jla@nexet.net)
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
wit
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
children
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.