Washington Co., VA Ended Chancery Causes 1912-070, Library of Virginia, Richmond, microfilm reel #426
J.L. Walden et als VS J.O.Hutton, admr, et als
Complaint transcribed 2012 by Diana Powell
Complaint
To the Honorable F.B. Hutton, Judge of the Circuit Court for Washington County, Virginia
Humbly complaining sheweth unto your Honor, your complainants J.L. Walden, J.R. Walden, Allie DeBusk, Rebecca Hutton, Stella McCormick, Charles Edmondson, Minnie Arnett, James M. Walden in his own right and who sues as the next friend and for the benefit of C.K,, M.O., L.M., E.G., G.R., W.L., S.R., S.F. and A.C. Walden, that on the 5th day of March, 1910, one Rachel M. Hutton departed this life intestate and without issue, that your complainants are all heirs-at-law of the half blood of the descendant Rachel M. Hutton, that your complainants J.L. Walden, J.R. Walden and Allie DeBusk and Rebecca Hutton are children of S.J. Walden deceased, who was a half-sister of the said Rachel M. Hutton, deceased, that your complainants Stella McCormick, Charles Edmondson and Minnie Arnett are grandchildren of the said S.J. Walden, deceased, being the children of Sarah Edmondson, nee Walden, who was a daughter of the said S.J. Walden, deceased, that your complainants J.M. Walden, C.K. Walden, M.O. Walden, L.M. Walden, E.G. Walden, G.R. Walden, W.L. Walden, S.R. Walden, S.F. Walden and A.C. Walden are children of one Lewis Walden, deceased, who was a son of the said S.J. Walden, deceased, all of whom being under the age of twenty-one except James M. Walden, that in addition to your complainants the said decedent Rachel M. Hutton left as heirs at law of the half-blood the children and grand-children of her deceased half-brother Lilburn Hutton, namely W.J. Hutton, Samuel Hutton, C.J. Hutton, Robert Hutton, Nannie Fischer, Nannie Hutton, Blanche Hutton, William Hutton, Ollie Hutton and Elbert Hutton, the last five named being the infant children of Josie Hutton, deceased, the daughter of the said Lilburn Hutton, deceased.
That the said Rachel M. Hutton left as her heirs-at-law of the whole blood, James O. Hutton, A.D. Hutton, J.S. Hutton and Walter J. Hutton, that the said Walter J. Hutton is the only child of John Hutton, deceased, who was a brother of the said Rachel M. Hutton, deceased.
Your complainants sheweth further unto your Honor that the said Rachel M. Hutton died seized and possessed of valuable property, both personal and real, that she was seized in fee simple of a valuable tract or parcel of land lying in the upper end of Washington County near Glade Spring on Hutton’s Creek adjoining the lands of B.C. Allison, A.C. McCloud and others containing 46 acres & 60 poles [inserted above the line], that the other third of said tract of land belongs to the said heirs at law of the whole blood of the said Rachel M. Hutton, deceased, namely James O. Hutton, A.D. Hutton, J.S. Hutton and Walter J. Hutton.
That A.D. Hutton administered on the personal estate of said decedent and has made no settlement of his administration account,
Your complainants would further show unto your Honor that the aforesaid real estate of said decedent is as they believe not susceptible of division in kind among the parties entitled thereto, but even it were divisible in kind, it would not be best nor is it desired that partition or allotment be made, the interest of all the parties entitled to said real estate would be best promoted by a sale of the whole and a division of the proceeds.
In consideration of the premises and inasmuch as your complainants are remediless save in a Court of Equity, they pray that the said James O. Hutton, A.D. Hutton in his own right and as Administrator of the said Rachel M. Hutton, deceased, J.S. Hutton, Walter J. Hutton, W.J. Hutton, Samuel Hutton, C.J. Hutton, Robert Hutton, Nannie Fischer, Nannie Hutton, Samuel Hutton, William Hutton, Ollie Hutton, and Elbert Hutton be made parties defendant to this bill and be required to answer the same but an answer under oath is expressly waived, that a proper guardian ad litem be appointed for the infant defendants in the cause, namely Nannie, Blanche, William, Ollie and Elbert Hutton, who shall also be required to answer the allegations of this bill, that proper process issue, that the aforesaid real estate of the said Rachel M. Hutton, deceased, be sold for division, provided the same cannot be partitioned in kind to advantage, and the proceeds of sale be divided among the heirs-at-law of said decedent according to their respective rights and interests, that all property orders and decrees be made, accounts taken and inquiries directed and that your Complainants may have such further and general relief as their cause may require and to equity seemeth meet etc.
A.L. Robinson [sig] p.q.
The Defendants did not dispute the Complaint so the land was sold to White Ryburn for $2,870. Each of Rachel’s full siblings (or heir in the case of Rachel’s bros John) rec’d a 1/5 th share. The other fifth was divided between Rachel's two half-siblings. The file also contained an assortment of receipts including physician’s bills, and bills from several of the Waldens for taking care of Rachel or for taking care of her farm while she was ill.