Proceedings, etc., in Welch v. Randolph et al.

SUMMARY

Document text, 2 March 1801

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</blockquote> At a High Court of Chancery holden at the Capitol in the City of Richmond the second day of March in the year of our Lord, one thousand eight hundred and one, and in the twenty fifth year of the Commonwealth Before the Honorable George Wythe Judge of the said Court

Be it remembered, that herefore, to wit, at a High Court of Chancery holden at the Capitol aforesaid the tenth day of September in the year of our Lord, one thousand seven hundred and ninety four, Wakelyn Welch surviving partner of Robert Cary and Company, late of the City of London, Merchants, then and there exhibited to the said Court their bill of complaint against Thomas M. Randolph and William Randolph executors of Thomas M Randolph deceased, and John Randolph an infant son and devisee of the said Thomas M Randolph, deceased, and Richard Randolph of Curles, eldest son and residuary devisee of Richard Randolph deceased, which bill and an amended bill herewith filed are in the words following, to wit,

To

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</blockquote> [Bill.] "To the Hon^ble George Wythe Esq^r. Judge of the High Court of Chancery. Humbly complaining sheweth unto your Honor your Orator Wakelyn Welch surviving partner of Robert Cary and Company late of the Cit of London Merchants that Thomas Mann Randolph Esq^r. late of the county of Goochland being justly indebted to your Orator in the sum of £2232. 12.9 sterling by Bond dated on the 20^th June 1768 with legal Interest thereon from the 22^d day of Aug^t. 1766 till payment did in order to secure the said principal sum with interest on the 23^d day of June 1793 execute a Deed of Mortgage conveying to your Orator a Tract of Land adjoining the Lands at William Randolph son of the said Thomas Mann, and the other Lands of the said Thomas Mann it being the same Tract which he had purchased of the late Col. Richard Randolph, and containing by Estimation 1500 acres together with the following slaves to wit, old Patrick old Letty Essex a fellow, little Joe a fellow Dover Joe a fellow Kned a fellow, Isaac a fellow, Patrick a lad, Billy a lad young Patrick Charles a boy son of Phillis, Joe a boy son of Phillis, Abraham a fellow, Robin a fellow Peter a fellow, Bob a boy son of Phillis, Myrtilla a woman Nancy a woman her daughter Edy & two more children Nelly a woman, her son & daughter Amey a woman her son & two daughters, Rachael a woman Sally a girl, Edy a young woman, all

which

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</blockquote> which slaves were then on the said land as was set forth by the said Tom Randolph in the said Deed together with all the future increase of the said female slaves the said conveyance however to become void on payment of the said principal sum with Interest thereon as aforesaid 'till payment as will more fully appear reference being had to the said original Deed of Mortgage which has been duly proved and recorded in the General Court and which is hereto annexed that there was due on the said Bond the sum of £2041. Stg on the 22^d August 1775 as will appear by the Acco^t hereto annexed and your Orator further sheweth unto your Honor that though the said Thomas M Randolph had purchased paid for and been many years in full possession of the said Tract yet that the said Richard Randolph aforesaid had not at the time of his death executed a legal conveyance therefore and that his title hath descended and come to Richard Randolph Esq^r of Curles his heir at law and residuary Devisee. This circumstance however your Orator supposes was thought to be of no Importance by the said Tho. M Randolph as it was well understood between him and Benjamin Waller Esq^r the agent of your Orator that a failure to pay the debt aforesaid should give him no absolute Right to the mortgaged property but that it should be considered only as a pledge for the payment of the debt due your orator. He further sheweth your Honor that the said Thomas M Randolph of the 5^th day of Nov^r. 93

made

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</blockquote> made and duly published his last Will & Testament whereby he devised the said mortgaged Land to his son John Randolph and his Heirs for ever having in the first place directed that the debts due him any real Estate he might dispossessed of not thereby devised and so much of his personal Estate as should be necessary for that purpose shall be applied to the discharge of the mortgages on his Dover Estate and the said mortgaged Tract which is called in the said Will and generally known by the name of the middle Quarter Plantation as will more at large appear reference being had to a true copy of the said Will which is hereto annexed and which your Orator prays may be taken as a part of this his Bill. That there is no Incumbrance or mortgage on the said land except the mortgage executed to your Orator. That Thomas M Randolph and William Randolph sons of the S^d Tho.^s Mann and Exors named in the said Will have taken on themselves the Burden of the execution thereof and that before the suing out the Writ of Subpoena in this cause they had full notice of the mortgage aforesaid. That your Orator has not received payment of any part of this Debt. In tender consideration whereof and for as much as your Orator is only relievable in Equity. To the End therefore that the said Tho. M. Randolph and William Randolph Exors of Tho^s M Randolph dec^d. John Randolph his son & devisee and Richard

Randolph

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</blockquote> Randolph of Curles eldest son & residuary Devisee of Richard Randolph Esq.^r dec.^d who he prays may be made Def.^ts to this his Bill may on their corporal oaths make full true and perfect answer to all and singular the premises and that as fully as if the same were herein again set forth and interrogated that unless the Debt due your Orator with Interest & costs shall be discharged within a reasonable time the S.^d Mortgaged Lands and slaves may be sold by order of this Hon.^ble court for ready money, the said Richard Randolph be compelled to join in a conveyance and the purchase money applied to the discharge of your Orator's demand and that he may have such other relief as is consistent with Equity. May it please your Honor to grant a writ or writs of Spa commanding the said Tho. M Randolph & W Randolph Exors of Tho. M. Randolph, John Randolph & Richard Randolph &.^c

And your Orator &.^c

Welch &.^c v

Amendmen.^t to Bill

Randlph &.^c ad

And your Orator begs leave to state by way of Amendment to his Bill that the said Richard Randolph did by his Deed of Bargain and sale convey all his Interest in the Land aforesaid called Middle plantation to the said Thomas Mann Randolph. That the said Deed was executed proved & recorded in the county court of Henrico in the year 1778 and was destroyed with the Records of the said County by the British Army during the late War. Your Orator saith with that the said 1500 acres

were

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</blockquote> were not wholly conveyed by the said Rich^d Randolph but that a part of the Land conveyed by him was afterward and before the date of the mortgage aforesaid conveyed by the said Thomas M Randolph to W.^m Randolph his son together with an adjoining Tract called Pandemonium and that before the time of the said mortgage and at that Time the Tract held by the said Thomas M Randolph as one entire Tract called and known by the middle plantation contained besides the residue of the Land purchased of Richard Randolph and not conveyed as aforesaid to the said W.^m Randolph his son other Lands thereto adjoining which had been thereto annexed by him bounded by Tuckahoe Creek on the West and the lands of W.^m Randolph on the East and that the same included all the Land on the East side of Tuckahoe Creek which was held by the said Tho. M Randolph and your Orator charges that by the said conveyance all the Land which formed the Tract then occupied and held as one plantation and called the middle plantation passed and was conveyed the whole thereof being supposed not to contain more than fifteen hundred acres." Whereupon [award of process] process of subpoena was awarded the plantiffs ag'st the said defendents. And at a court holden at the capitol aforesaid, the seventh day of October, in the year of our Lord on thousand seven hundred and ninety four, on the motion of the plaintiff by his counsil, [guardian ass^d the inf.^t] Thomas Mann Randolph was assigned guardian to John Randolph to defend him in this suit. And the process of subpoena awarded in this cause being returned executed on the defendents Thomas M

Randolph

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