Bedford County, Virginia Chancery Court record

1792 — 005

This transcription is true to the original, copied at the Court House, with exceptions of highlighting and paragraphing. Torn places along the fold line of the first page hampers transcription. The given name for the plaintiff can be read "James" in a few places; but elsewhere, the name is obviously "Jonas."

To the worshipfull the Justices of Bedford County in Chancery Seting

Humbly complaining Sheweth to your worships your Orator Jonas Jorden that some time in the year 1785 his Father Jonas Jorden Decd departed this life intestate leaving Absolem Jorden his oldest son who administred on his estate as will appear by your records your Orator begs leave further to share this the Said Jonas the elder left considerabell personal estate after all his Just debt were paid and that the sd Absolem admr &c keeps the whole thereof and refuses to divide the estate aforesaid and give to your Orator his propotionable share agreeable to Justice and the Law of the land all which doings and acting are contrary to equity and good conscience and tend to impune and oppress your Orator And for as much as your Orator is in the prem[torn] remidrless at Common law and can only get relief in chancery To the end therefore that the said Absolem admr &c of Jonas Jorden decd may be made Deft to this bill of compt and may he upon oath set forth a Just and true account of his administration by a decree of this worshipful court may he set forth the amount of the Intestates estate together with a list of outstanding debts and also the debt due by the Intestate and whether the same are not paid and if not for what reason may he also set forth the number of Children the Intestate left and whether your Orator is not one And may your worships decree your Orator such relief in the premisses as Shall appear Just and equitabell May it please your Worships to grant your Orator the commonwealth writ of suppone &c.

Clerk p.q.

To the worshipful Court of Bedford County in Chy Setting, Absalom Jordan admr &c of Jonas Jordan Dec’d Saving & reserving to himself all manner of benefit of exception to the manifold errors & untruths in the Complt bill contained for answer thereto or as much as he is advised is material for him to answer unto Answereth & Saith that true it is he Administred on his Decased fathers Estate which agreeable to an inventory & appraisment herewith filed amounts to £94.18.3.

The decedent left Eight children with all of whom your respondent has Settled And paid their respective dividends and from each of whom your respondt has a rect except the complt and a certain Nathan Farmer who intermarried with Judith one of the Legatees & both of whom your respondt concieves are fully paid inasmuch as the respective dividents of the Children inluding the widow of the Decedent who has also been paid by your respondent an equal Dividend with the Children amounts to about 10:9.-

Your respondent states that at the time of the Death of the Decd there was a waggon of little value in North Carolina, together with three Horses which your respondt after his taking upon him the administration went to Carolina for but a part of the Horses being lost which were intended to bring the waggon in, yr respondent found it impossible to have the waggon conveyed to Virginia And exchanged it for two mares which were appraised as part of the Decedents Estate.

Your respt further States that the Complt took one of the 3 horses that were in Carolina and disposed of him to discharge Some debt which he Owed in that Country And your respondt was prevented from getting the Horse and yr respt was informd & verily believes that the Complt frequently Said that he was willing to take the Horse in full for his Legacy which in fact he might be well Satisfied with he having pa pd him off at 30£ price & he being by far more Valuable than any other of the Horses that were the property of the Decd your respt cannot precisely say what Debt the Estate owed or what was owing to it it being impossible for him hetherto to make a full adjustment of them but conceives from what he now knows that there is not much difference between the sums owing to & those owing from the Estate, and so soon as the matter can be ascertained he will render his accounts to the court for final Settlement.

Bedford Set

Sworn to before me the Hancock

29^th March 1792 Pro respt

Michael Graham

To the worshipfull Court of Bedford in Chancery Setting

The replication of Jonas Jordan to the answer of Absolam Jordan, admr of Jonas Jordan Deceased.

The said Jonas Jordan saving to himself all manner of Exceptions of the many untruths in the Defendants answer replyeth and sayeth That His Dec’d father left Nine Children, which are all still alive. That the waggon & Team were at the House of Jonas Jordan Dec’d in Bedford County at the time of His Death and were afterwards in the care of Nathan Farmer sent to Carolina by the Deft That He never received no part of His Decd fathers Estate in any way or manner what soever That the Horse said by the Defendant to be taken by me in Caro I never Had. But will say for explanation of that Matter That Nathan Farmer who Had the said wago & Horses in care in Caro abused me in such a manner that I was obliged to Have recourse to the laws of that State for redress. That the said Nathan Farmer Did offer me the Horse severall times to Dismiss the suit But I as often refused taking of Him I told Him I was Indebted to a certain Millar. If He would pay Him Thirty pounds I would Dismiss the suit. He paid Millar the Thirty pounds (I belive with a Horse) and the suit agt the said Farmer was Dismissed

Bedford to wit

The above Bill sworn to before me

given under my hand the 23 Augt 179_ [ink smeared]

Thos Lumpkin