Wythe Co. VA Superior Court of Chancery
Beaty et al vs Clark et al
File # 1821-04-SC
copied Jul 04 from the original documents
transcribed Aug. 04 by D. Powell [paragraphs added for ease of reading]
Bill of complaint [damaged]
Outside of packet:
Beatie et al )
vs )
Clark et al )
Filed October 1820 [no exact date – probably Oct. term of court]
Jan 1821 Bill and answer filed Gen’l Replication & Comm
Feby cauld [called] for depositions
March, April, May, June, July, Aug (same)
Sept. set for hearing by deft
To the Honorable John Brown chancellor of the Wythe district The bill of complaint of JAMES BEATY, WILLIAM BEATY, ELIZABETH BEATY widow of Armstrong Beaty dec’d and WILLIAM BEATY infant son of the said Armstrong and Elizabeth, by her the said Elizabeth, his mother and next friend, heirs of David Beaty, dec’d and all of the County of Washington humbly represents
That in the year 1805 the said David Beaty dec’d made his last will and testament, a copy of which is herewith exhibited as part of this bill, by which he devised all his estate to his wife and children, giving to his wife Mary three negroes by name Joe, Rachel and Milly, absolutely, and to each of his children, six [the word “eight” had been entered and lined out] in number, a negroe, except to his son John to whom he devised a small pecuniary legacy. That the testator lived from the date of his will 30 Jul 1805, untill the 25th day of April 1814 when he departed this life without making any alterations to his said will. That the executor named in said will declining to take probate thereof, administration with the will annexed was duly granted by the County court of Washington at their May term 1814 to John Clark who intermarried with Polly the daughter of the testator. That after the making and publishing of said Will until the death of the testator, to wit, from the will 30th Jul 1805 til the 25th April 1814 there were born of the female slaves of the testator in his will mentioned 9 children to wit Robert, James, Charles, Nancy, Eliza, Delilah, Anthony, Ann and another which died an infant. That during the life of the testator he gave to his daughter Polly besides the slave Fanny devised to her in his will, the slave James, born after the making said will. And also gave to his son David his slave Eliza also born after the making of will and not devised therein in addition to the slave therein devised to him. These slaves were given to the said Polly, now Polly Clark, and David, as an advancement at and upon their several marriages.
That afterwards to wit on the 8th day of January, 1820, Mary the wife of the testator departed this life having first duly made and published her last will and testament, by which she devised her slave Milly to her daughter Polly Clark, and set free her two slaves Joe and Rachel, and appointed your Orator James Beaty executor, who afterwards proved the said will in the county court of Washington. [there followed several lines of writing which were lined out] That by consent of all the heirs of David Beaty dec’d the slave Delilah was sold by your Orator James Beaty at public sale to the said David Beaty for $340 for which he executed his note payable to your Orator James but contends that he is entitled as an heir of David Beaty dec’d to an equal portion of her value, there being now living of those heirs five including the son of the said Armstrong Beaty, to wit William, James, David, Polly, and William the son of Armstrong the said John Beaty having departed this life in March 1817.
Your Orator and Oratrix contend that before the said John and Polly Clark and David Beaty can share any part of the price of the slave Delilah, or the other slaves undelivered by the testator, they ought to bring into hotch pot the two slaves given to them by the testator by way of advancement in his life, to wit, James to Polly Clark, and Eliza to David. And as the said David refuses to pay the said note without a lawsuit, and both he and the said Clark refuse to settle the estate fairly and justly, your Orator and Oratrix pray the interference of this honorable Court for the purpose of adjusting and settling upon principles of equity the claims of all the parties concerned.
To that end they pray that the said David Beaty and John Clark, adm with the will annexed of the said David Beaty dec’d Polly his wife may be made parties defts to this bill and fully and truly answer the same on an oath. That the said adm exhibit a full account of the said estate before a master commissioner and that if the said David Beatie & John Clark will come into the distribution of such parts of the testator’s estate as he died intestate of, they may be compelled to bring the slaves received by them by way of advancement of the testator, into hotch pot. That the said estate be divided amongst the said heirs according to their rights And that such other and further relief in the premises be extended to your Orator & Oratrix as is just and suited to their case may it please your honour to grant the Commonwealth writ of spa [subpoena] directed etc.
Estill __
[Note: hotchpot is defined by Merriam Webster’s Dictionary of Law as “the combining of properties into a common lot to ensure equality of division among those entitled to a share of an estate which requires that advancements be made up to the estate by contribution or by an accounting” /dp]
Copied Aug. 2004 by M. Kegley from the original documents
Transcribed Aug. 2004 by D. Powell from the photocopies