Difference between revisions of "Complaint regarding the estate of Frances Wythe"

Revision as of 11:56, 14 February 2018

About 1760, Thomas Wythe "bequeathed to his wife Frances the property of one half of his Slaves with the use of the other half during her Life; & to his neice ... the sd. other half of his Slaves after the death of his Wife." George Wythe, the petitioner and Thomas's brother, points out that he "purchased of his Brothers widow all her right to the said Slaves" and that the niece married Thomas Claiborne. He further notes that "by desire of his mother, without receiving any consideration, delivered up to the sd. T Claiborne so many of the sd Slaves with thier increase as were agreed to be equal in value to one half of the whole number." George admits that Thomas gave him a receipt for the ten slaves, "which receipt was not recorded & having been mislaid cannot be found." Anticipating that there may be disputes among the representatives of Thomas Wythe, the representatives of the Claibornes, and himself and his representatives, George Wythe asks that the parties involved be summoned "to appear & answer the premises & to abide the order of the Court therein.".^[1]

Document Text, Circa 1790

Page 1

To the worshipful the Justices of Norfolk County siting in Chancery humbly complaining excellency sheweth unto by your worships your Orator George Wythe that his Brother Thomas Wythe who died about thirty three years past, by his Testament, among other things bequeathed to his wife Frances the property of one half his Slaves with the use of the other half during her Life; & to his Neice, Uphan Sweny the s'd other half of his Slaves after the death of his Wife — that Thomas Claiborne afterwards married the said Uphan Sweny, & not long afterwards Your Orator by desire of his Mother, without receiving any consideration, delivered up to the s'd T. Claiborne so many of the s'd Slaves with their increase as are agreed to be equal in value to one half of [text obscured] excepting two named Hannibal & Corinna who your orator's Mother wished to be retained & of whom the former is now dead & the other is living too old to be of any value — that the s'd Thos. Claiborne gave Your Orator a Receipt for the Slaves as delivered to Him, who as Your Orator believes (for at this distance of time he cannot recollect with certainty) were ten named Cate, Tally, Esther, Hannah, Aggy, Franky, Will, George, Ross, & Owen; which receipt was not recorded & having been mislaid cannot be found. Now for as much disputes may arise after the death of the s'd Thomas Wythes widow now Mrs Mosby between the representatives of the s'd Thomas Claiborne Euphan his Wife, who are both dead & your Orator or his Representatives

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to prevent such disputes, or for the adjustment of them, if they should happen — that the representatives of the Widow of Thomas Claiborne are Francis Tarrant & Anne his Wife & Daughter & Thomas Claiborne Wm. Claiborne & George Claiborne who survive of the s'd Thos. Claiborne's Children — & Wm. Happer of Jno. Wilson the only surviving acting Exr. of the s'd T. Claiborne dec'd all of whom being interested in the Question Your Orator pray, may he made parties & Defendants & may such if them as are of them are of full age upon oath & those who are Infants by guardian to be assigned by this worshipful Court upon oath or without oath, answer the allegations before stated; & that commissions may be awarded to take the examinations of such witnesses concerning the subject matter of this Bill & that their testimony may be perpetually preserved — May it please Yr. Worships to grant to your Orator the Commths writ or writs of Subpoena to be directed to the s'd Defts. before named commanding them to appear & answer the premises & to abide the order of the Court therein

Jno. Neirson for

Complaintant

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Nov 1793[?] — Cont		Mar — 1796 Cont	May 1798 — Cont
Dec 1793 — Cont		Apl — Cont	June — Cont
Jan 1794 — Cont		May — Cont	July — Cont
Feb 1794 — Cont		July — Cont	August — Cont
Mar — Cont	[Illegible]	Aug — Cont	Sep — Cont
Apl — Cont		Sept — Cont	Oct — Cont
May — Cont		Oct — Cont	Nov — Cont
June — Cont		Dec — Cont	Dec — Cont
July — Cont		Jany 97 — Cont	Jan 1799. — Cont
Aug Cont		Feby — Cont	Feb — Cont.
Sep — Cont		Mar — Cont	March — do.
Oct — Cont		Apl — Cont	Apl — do.
Nov — Cont		May — Con	May — do.
Dec — Cont		June — Cont	June — do.
Jan 1795 [?] — Cont		July — Cont	July — Dismissed by pfts: discretion
Feb [?] — Cont		Sept — Cont
Mar — Cont		Oct — Cont
Apl — Cont		Nov — Cont
May — Cont		Dec - Cont
June — Cont		Jany 1798 — Cont
July — Cont		Feby — Cont
Aug — Cont		Mar — Cont
Sep — Cont		April — Cont
Oct — Cont		Jany 1798 — Cont
Nov — Cont		Febry — Cont
Jany 1796 — Cont		March — Cont
Feb — Cont		April — Cont

References

1. ↑ Please footnote sources.

External links

• Race & Slavery Petitions Project.