Tag Archives: chancery

- Impressed by a British Man of War


Impressment of American Seamen, illustration in Harper's Weekly, 1884 April. (Image used courtesy of Library of Congress Prints and Photographs Collection.)

Isaac D. Simkins, born on 13 January 1775, left Northampton County at age 21 to go to sea. Like many people leaving home on a sea voyage, he wrote his will before departing in June 1796.  He asked that his body be decently buried and lent his mother, Anne Simkins, £300 from his estate for her natural life. After her death, the remaining part of his estate would go to his brother, John Simkins, and his heirs. The will, recorded on 10 July 1797, became a point of contention in the Northampton County Chancery Cause Walter C. Gardiner & wife, etc. vs. John Simkins, 1813-008.

In an otherwise mundane estate dispute, the cause of Isaac Simkins’ death was a fascinating side-note. In a deposition, Isaac’s brother, Arthur Simkins, revealed that Isaac had been “impressed by a British Man of War” and died shortly afterwards.

The war between Great Britain and France began in 1793 and continued until 1815. The British Navy used a brutal form of punishment called “flogging” on their sailors, prompting many British sailors to escape to American vessels. Some joined the United States Merchant Marines and others joined the United States Navy.  The British Navy used the excuse of looking for their deserted sailors as a right to board American merchant vessels to look for the deserters and contraband.  The British … read more »

- Where did I put that?


The Lost Trail: A Comedy Drama of Western Life, lithograph, circa 1907. (Image used courtesy of Library of Congress Prints and Photographs Collection.)

Has this ever happened to you? You sit down to watch TV but cannot find the remote control, you need to go somewhere but cannot find the keys, you need to make a call but cannot find your phone. You proceed to dig under couch cushions, examine the pockets of recently worn clothes, or use a different phone to call your cell phone. After a diligent and exasperating search, you find what you lost but it in a place where you least expected. A couple living in Rockbridge County in the 1880’s experienced a similar scenario. In their case, they needed the court’s assistance to find the missing item. Their search can be read in Rockbridge County Chancery Cause 1887-038, Petition of William F. Pierson and wife.

Charles J. Brawley departed this life on 10 June 1886 and was buried in a cemetery in Collierstown, Virginia. After the funeral, it came time to divide up Brawley’s vast estate among his beneficiaries. But there was a problem—no one knew where Brawley’s last will and testament was. Acquaintances and family members of Brawley had little doubt that he had written one. They had conversations with Brawley prior to his death that led them to believe he had written his will. One gentleman said that Brawley had named his son-in-law, William F. Pierson, the executor of … read more »

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- The Petition of Araminta Frances


Petition of Araminta Frances, Lunenburg County Chancery Cause 1856-042.

In court documents from Lunenburg County Chancery Cause 1856-042, the petition of Araminta Frances reveals an interesting and life-changing request.  On 10 March 1856 Araminta Frances, a free woman of color, petitioned the court asking to be enslaved.

Araminta was once the slave (along with at least two others) of James G. Richardson.  Richardson’s last will and testament, probated 9 December 1850, left the majority of his estate, including finances, property, and slaves, to his daughter, Sarah A. Richardson, two nephews, and friend John L. Coleman.  The provisions for the slaves were clearly spelled out. One negro male slave, Cezar, was to go to James G. Richardson’s nephew, James R. Walker, and John L. Coleman “to be taken care of by them and to be paid to him [Cezar] yearly by them the full amount of his yearly value.” Richardson also stipulated that “my negro child Virginia and Minty’s [presumably Araminta] child yet unborn” should be emancipated and receive the sum of $500 each or $1,000 if his daughter Sarah should die without issue. Minty (or Araminta) would be emancipated should his daughter, Sarah, die without having married. A copy of James G. Richardson’s will was included with the petition as supporting documentation for Araminta’s case.

Also included in the case was a bill passed by the General Assembly on 20 December 1855 allowing Araminta … read more »

- Grant Awarded to Process Montgomery Co. Circuit Court Records


NHPRC logo

The Library of Virginia’s Local Records Services branch, in partnership with the Montgomery County Circuit Court Clerk, was recently awarded a 2-year grant from the National Historical Publications and Records Commission (NHPRC) to support the processing of the Montgomery County Circuit Court Records Collection, 1777-1912. The grant provides for the processing and indexing of the Montgomery County Chancery Causes with an eye toward future digitization as well as the creation of electronic finding aids for the remaining loose historical court records found in the clerk’s office in Christiansburg. The project will utilize a new strategy for the LVA in that all work will be completed by professional archivists in the clerk’s office rather than at the Archives in Richmond. 

The NHPRC recognized the national significance of the Montgomery County court records as the county was ideally situated on routes west to experience the travel and migration of  people seeking opportunity, land, and adventure in the West. These court records also illuminate the lives of numerous under-documented populations and have national significance for researchers interested in the African American experience, women’s history, westward migration, and southern labor and business history in the antebellum and post-Civil War periods.

In their current state, the Montgomery County chancery records are only known and utilized by a select few historians and humanities researchers. When completed the Montgomery County Chancery Causes … read more »

- Stories from the Past Revealed in Rockingham Co. Chancery Records

 

Central Mining, Manufacturing, & Land Co. Prospectus, Rockingham County Chancery Cause John E. Roller and George W. Sanderson, etc. vs. J. K. Snavely, etc., 1909-088.

The Library of Virginia, in partnership with the Rockingham County Circuit Court Clerk’s Office, is pleased to announce that the indexing and digitization of Rockingham County’s historic chancery causes is now complete and available online through the Chancery Records Index on the LVA’s Virginia Memory site.

The RockinghamCounty chancery collection covers the years 1781 to 1913 and are a valuable source of local, state, social, and legal history. They often contain correspondence; property lists: including slaves; lists of heirs; and vital statistics that reveal detailed stories that help tell the story of Virginia. Cases contain useful biographical, genealogical, and historical information and document a broad spectrum of citizens—rich and poor, black and white, slave and free. (See this earlier blog post for a description of interesting suits covering the issue of slavery found in the chancery causes for the years 1781-1893.)

In addition, the economic boom of the 1880s, and subsequent bust that followed the Panic of 1893, plays out in the chancery causes. Suits 1903-128 and 1909-088 contain prospectuses laying out the grand plans of two land improvement companies that became casualties of that financial downturn. The schemes for new towns, grand hotels, and railroad lines in RockinghamCounty and other parts of the Valley collapsed along with the railroad and banking industries of the U. S., and the creditors and shareholders of the … read more »

- Don’t Bush My Stand

 

Diagram of a fishing trap, Northumberland County Chancery Cause Dolly Krentz, widow, etc. vs. Lanius B. Williams, 1902-010.

Interested in commercial fishing techniques used in Virginia’s Northern Neck around the turn of the 20th century? Take a look through the Northumberland County circuit court records.

Around 1895, Earnest Krentz and Lanius B. Williams entered into a partnership to harvest fish from the Potomac River near Hack Creek using fish traps or weirs. Krentz supplied the equipment and Williams constructed and managed the traps. Following Krentz’s death in 1900, his widow, Dolly, contracted with another person to use the equipment, and conflict arose between her and Williams over who controlled the sites that had been used while Earnest lived. She claimed that the two sites were owned by the partnership and should be divided between them. Williams countered that he alone was entitled to both locations. In the spring of 1901, Dolly sued Williams (Northumberland County Chancery Cause 1902-010, Dolly Krentz, widow, etc. vs. Lanius B. Williams) on the chancery side of the Northumberland County circuit court to prevent him from interfering with her use of the most profitable spot. After hearing from both sides and reviewing the evidence, the judge ultimately sided with Williams and dismissed Dolly’s suit.

Out of the testimony and exhibits in this suit, a detailed depiction emerges of the equipment, terms, construction designs, and customs surrounding the use of fish traps in this area. For instance, when … read more »

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- Augusta Co. Images All In!


Genealogical chart for the heirs of Jeremiah Aude, Augusta County Chancery Cause Recv. of Nicholas C. Kinney, etc. vs. Admr. of Jeremiah Aude, etc., 1857-082.

The final images from the Augusta County chancery causes are now available on the Library of Virginia’s Chancery Records Index. With this addition, all Augusta County chancery causes covering the time period from 1746 to 1912 can be viewed online—a  total of 10,268 suits and 878,490 images.  The collection is one of the most significant collections of historic legal records in the nation.  From 1745 to 1770, the boundaries of Augusta County encompassed most of western Virginia and what became the states of West Virginia, Kentucky, Illinois, and Ohio, and parts of present-day Pennsylvania as far north as Pittsburgh. The Augusta County chancery causes are the most voluminous of any locality in Virginia and are one of the longest and most complete continuous collections of chancery records of any locality in the country.  Cases are also included from the Staunton Superior Court of Chancery, with a jurisdiction of over 28 localities, from 1802 to 1831.

Following are a few suits of interest found in this latest addition of Augusta County’s equity suits. Augusta County Chancery Cause 1818-099 is a dispute over the estate of John Edmondson that included numerous slaves. The suit contains a chart documenting the hiring out of slaves owned by Edmondson. Administrator of Andrew Moore vs. Representatives of John Stuart, etc., 1845-015, gives some perspective on the ways in … read more »

- Wills, Slavery, and Freedom in Augusta Co.


Map of Franklin County and Columbus, Ohio, 1872. (Image used courtesy of Historic Map Works.)

In November of 1860, executor William F. Smith was in a pickle.  Charged with settling the estate of Elizabeth P. Via of Augusta County, he had recently been a defendant in both a chancery and a judgment suit from seven of Via’s heirs that challenged the validity of her will.  The heirs objected to the provisions that Via made for her slaves, namely that they all be emancipated.  Additionally, she left $4,000 to transport them to a free state and set them up in homes there.  The remainder of her estate was to be distributed amongst Via’s heirs who were not pleased by this and thought it in their best interest to have the will invalidated so that they could get everything, including the slaves that were left at Via’s death.  The will was upheld, however, and then it was time for executor Smith to get on with the business of carrying out Via’s wishes.  But there were some questions that he struggled to answer about his job as executor.

At issue were several points.  Did children born since Via’s death have an interest in the money left to the slaves?  What should happen to the residue of the $4,000 after the will’s provisions were carried out?  How should title to any house or land purchased for the emancipated slaves be done?  The slaves had … read more »

- Prince George Co. Chancery Now Online!


History at Prince George Courthouse Historical Marker. (Image, taken 7 April 2009, used courtesy of Historical Marker Database and Bernard Fisher.)

The Library of Virginia is pleased to announce that digital images from the Prince George County chancery causes digitization project are now available on the Chancery Records Index. Both the images and the index cover the years 1809-1917 and are available to researchers on the LVA’s Virginia Memory site. 

The following are a few suits of interest found in the newly available Prince George County chancery digital images.  Richard W. Backus vs. Admr. of John B. Williams, etc., 1837-003, references the postponement of the sale of a slave named Ursa because she was ill. Divorce suit 1875-001, David Harrison vs. Eliza A. Harrison, includes a letter from the court clerk referencing the destruction of a marriage license by the “Raiders” during the Civil War. Another divorce suit, Bettie Hays vs. William Hays, 1908-003 provides detailed testimony given by the plaintiff of spousal abuse by her husband. (These divorce cases join one already mentioned here on Out of the Box – a divorce in which the husband claimed that the child his wife gave birth to could not possibly be his.) In chancery cause 1916-023, Cubit Stith vs. Lucy Jackson, etc., Cubit Stith describes himself as an uneducated colored man who was born a slave. He and his daughter, Lucy Jackson, were in a bitter dispute for control … read more »

- Scott Co. Chancery Goes Digital!


Plat of Gate City, Scott County Chancery Cause Town of Gate City vs. Col. J. B. Richmond, 1897-057, Local Government Records Collection, Library of Virginia.

The Library of Virginia, in partnership with the Scott County Circuit Court Clerk’s Office, is pleased to announce that digitization of Scott County’s historic chancery causes is now complete. Both the index and images are available to researchers via the Chancery Records Index on the LVA’s Virginia Memory site.

The Scott County chancery collection covers the years 1816 through 1942 (with digital images posted through 1912). The chancery, or equity cases, are a valuable source of local, state, social, and legal history and serve as a primary source for understanding a locality’s history. They often contain correspondence, property lists (including slaves), lists of heirs, and vital statistics that reveal detailed stories that help tell the story of Virginia. Cases contain useful biographical, genealogical, and historical information and document a broad spectrum of citizens—rich and poor, black and white, slave and free.

Chancery Cause 1873-034, Sampson S. Robinett vs. Samuel Babb, etc., helps document post-Civil War relations as it brings to light lingering bitterness between pro-Union and pro-Confederacy residents living together in Scott. In chancery cause 1897-057, Town of Gate City vs. Col. J. B. Richmond, the city attempted to stop a citizen from blocking what it considered a public road. A large map of Gate City was used as an exhibit. Chancery Cause 1901-058 reveals the religious beliefs of the members … read more »