Summary & Highlights
Wythe Co. Superior Court Chancery Pleas Records 2, pp 19-39
abstracted in 1998 from a photocopy
Diana Powell: dianapowell@sbcglobal.net

p. 19
case filed Nov. 1813 by Mary Davis against Andrew Russell, Exor of John Davis dec’d [Mary was John Davis’s second wife], also against Robert Davis, William Gray & Mary his wife, John Moffett & Isabella his wife, Thomas Snoddy, William Snoddy & Sarah his wife, & the adm of Nathaniel Davis dec’d. [these were 6 of John Davis’s 8 children from his first marriage]

Mary claims there were items she should have received as part of the estate settlement:
crops, cash, debts due John; also claims that beds left to daughters Betsy and Nancy [daughters of John and Mary] by John were not suppose to come from those already in house.

p. 20
Andrew Russell testifies (May 1814) that John Davis died in June 1810 [this differs from the Oct. 1810 date usually used which was based on the fact that his estate was not probated until Oct.]. States crops such as wheat, oats, flax, corn and grass were taken and appraised as part of estate, but potatoes, cabbages, fruit and vegetables were left for Mary’s use.

p. 21.
Andrew states that he knows it was John’s intention for beds he left to his daughters to be taken from those already in the house. Andrew states that he asked John if there was a description of the beds and furniture intended for his daughters Betsey and Nancy, and that John said “no… he would leave that to the old woman (meaning Mary, his wife)”. States Mary has all furniture, and that Mary spent money that was on hand at John’s death for his funeral and to pay a debt. States that at John’s death he read will to Mary who then stated that she would have nothing to do with property as it was left to her, and that she wanted to meet with other heirs and have them give her part of the property absolutely. This did not occur and since it was approaching the time of year when the stock needed feeding and caring for, and since Mary refused to take the responsibility, he reluctantly sold the personal estate.

p. 22
Robert Davis testifies he met with stepmother after his father’s death. He understood that she was to have the use of the personal estate during her natural life, except such parts devised to others. Mary wished to meet with other legatees and divide estate - she wanted a portion absolutely [would not revert to other legatees on her death]. Robert and John Moffett [married to Robert’s sister, Isabella] agreed to this request, but other family members did not come to the meeting. Mary stated she would not be responsible for the stock, etc. Robert took care of it himself. States there are two small pieces of land which were not mentioned in will and which are of little value - Mary welcome to her portion. Robert wishes his share of estate as left by his father, but does not wish to deprive his stepmother of what is legally hers. At sale of estate Robert purchased a mare and colt - the mare had been used by Mary before John’s death - and gave them to her. Believes father intended beds for his half sisters to come from those already in house since there were 7 beds in house. Believes there was considerable property to which Mary was not entitled but which was left for her and not sold. 26 Feb 1814


p. 23
William Gray testifies that he visited Mary after John Davis, his father-in-law’s, death. Mary stated she wished the heirs would come and take the property (except household furniture and Negroes) and divide it amongst themselves. Did not occur. Feels John intended beds to come from those in house. Does not feel Mary entitled to personal estate under the will during her life. 24 May 1817

p. 24
John Moffett testifies Mary requested him to come to her house for the purpose of dividing the estate because she wanted a part absolutely instead of for life. He came to house and told her he felt she was entitled to the property during her life if she would execute the will, but she replied that she never would be bound for the property, but she said she believed she would take it all and live fat & full upon it and if it was all gone till one dollar she would have nobody found for it at her death. All of the other legatees did not attend meeting and nothing was resolved. 10/14 May 1816

p. 25
20 May 1816 court replies:
Mary entitled to household furniture. Also to dower in undevised lands. Also to personal estate of her husband except specific legacies, during her life or widowhood. Since said property was sold she is entitled to interest on the money for which it was sold, to be paid annually during her life or widowhood. Orders an account of the sale of personal property.

p. 26
further interpretation by court. States that John was desirous of making ample provisions for Mary - left her a plantation,

p. 27
a furnished house and slaves, but unless the direction to sell the personal estate after her death or marriage gives her the use and occupation of it, in the mean time by implication he has not left her the means of supporting herself. Feels executor should not have sold personal property - if she indeed refused to care for it there were other legal recourses open to him.

p. 28
Court believes John intended beds to come from those in house, but since this was not stated clearly in will they must be purchased from proceeds of estate.
Value of personal property bequeathed to Mary during her life after deducting specific legacies and sum of $37.00, the price of mare and colt purchased by Robert Davis and given to Mary, leaves $302.05. Mary to be paid $90.60 (= 5 yrs interest) and $18.12 annually.

p. 29
accounting of executor. Notes that daughters Elizabeth and Nancy received $115.00 and $95.00 for legacies.
Mary’s dower in land laid off.

p. 30
specific description of portion of lands laid off as dower

p. 30 continued
John Davis’s will is entered as evidence.

p. 31
will continued. Written 27 Feb. 1809; exhibited in court 1 Oct. 1810.

p. 32
inventory and appraisement of estate

33 - 34
list of items sold at sale of personal property, along with purchaser

p. 35
disbursements

p. 36
starts witnesses on behalf of Mary Davis - 25 day Nov. 1815
James Piper, now abt 84 yrs of age, was present at sale of personal property - saw Mary forbid executor, Andrew Russell, to hold sale.

p. 37
James Davis states that he is abt 60 yrs of age and that he spoke with his brother John about his will before his death. John stated to him that he had confidence in the prudence and good management of his wife.

Elizabeth Willoughby, abt 20 yrs of age, states she was present when Wm Russell read her father's will to her mother. Says Robert Davis was also present and he asked Mr. Russell what would be the consequence if Mrs. Davis wasted the personal estate which had been left for her use during her life. Robert Davis stated that he did not expect her to waste the estate. Elizabeth states that she and her sister Nancy did not have beds in the house.

John Corry, abt 40 yrs of age, states he spoke with John Davis before his death. John Davis commented to him that he left his estate such that his wife could not be disturbed by any of them during her life.

James Davis, already sworn, states that his brother John said he had left to his wife during her life the principal part of his stock, the household furniture at her own disposal, some Negroes and part of the land. John told him he had left her slaves equal to the one of hers he had sold.

p. 38
7 Mar 1816 - Andrew McMillan states that shortly after the death of John Davis, Mary stated that she would like the heirs to come forward and agree to a division of the estate with her and give her a part, but he never heard her say she would not take care of the estate. Andrew states that he was at the house of Robert Davis, who is his brother-in-law, and also at the house of Mary Davis, who is his mother-in-law, for several weeks prior to the sale of the personal estate and he thought the live stock was as well taken care of as in the several years prior to John Davis’s death. Andrew states that he had conversations with Robert Davis about the will in which Robert


p. 39
expressed his opinion that Mary Davis ought to give some security for the future forth coming of the property left to her by the will during her life and that unless she gave security the property ought to be sold. Andrew states that he was present at the sale of the property and heard Mary Davis forbid the sale. He also states that the sale of the property amounted to much less than the appraisement and that during the sale he heard some people say that they were hesitant to bid for the property, as it was taking it from the widow. Andrew states that Mary said she was not required by the will to give security for the property during her life.

Robert Davis asked Andrew if he had not stated that he felt the property had been taken from Mary unjustly and suggested that she bring suit.

Andrew replied that was correct and that he may have also stated that he would assist her.

Andrew was then asked what the relationship was between he and Mary and between he and Robert Davis.

Andrew answered that he was married to Mary’s daughter by a former husband before she was the wife of John Davis… and that Robert Davis was married to his (Andrew’s) sister.