Echols, Peregrine v. Leftwich, Exrs. of Thomas: Chancery Cause, Lynchburg City (Part 1 of 5)
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a part of this bill. Your orator further represents that since the sale of the slave Betty & her children so as aforesaid made by the said Thomas Leftwich the said Thomas Leftwich hath departed this life having first duly made and published his last will and testament (a copy whereof is herewith exhibited and prayed to be made a part of this bill) whereby he hath appointed his wife [blank] and his two sons James & Augustine Leftwich executors of his last will and Testament the former of whom departed this life before the exhibition of this bill. All which actings and doings are contrary to equity and good conscience and tend to the manifest injury and oppression of your orator. In tender consideration whereof and for that your orator is remediless in the premises according to the strict rules of law and relievable only in equity where matters of this sort are properly cognizable. To the end therefore that speedy and impartial justice may be done in the premises and the right of the parties equitably adjusted your orator prays that the said James & Augustine Leftwich executors as aforesaid may be made parties defendants to this bill, that they be compelled & severally and respectively upon their corporal oaths to answer the allegations of this bill in as full and ample a manner as if they were thereto particularly interrogated particularly that they answer and set forth what they know concerning the agreement hereinbefore mentioned between the said Thomas Leftwich and James Flannigan? Whether the same was not considered by their testator as a mortgage? Whether the said testator did not give to the said Flannigan time during his life to redeem the slave Betty & her increase? Whether at the date of the said agreement and for some time previous and subsequent the said Flannigan was not in their testators employment as an overseer? What allowance was made him for his services in such capacity? And whether several years wages were not retained by the said Thomas?