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
[this document appears to be the reasons for the decision – parts of it were very difficult to read]
Beatty )
Vs )
Clarke )
On the question of Jurisdiction it is ___________ to remark
that this must be considered a suit for the _____ of the estate of David Beatty the elder. For if the slave Delilah as the plt contend was part of the estate of said David, then neither the plt Jas (though he sold her & took the note in hand for her price) nor either of the other Plts have any right to call on the purchaser David Beatty for the amt of that note – it belongs to ___ deft Clarke as adm of David Beaty the ___; and if the plt James collected it, he must do so as trustee for the said Clarke whose duty it would be to receive it from him and make distribution (on the ______ of note for the price of Delilah) __ the ptls have no _____ ____ as it is not ____ that the adam Clark has requested it, or that it is _______ in my point of view – Clark ____ might ____ _____ _____, as the note was not payable to him, though according to the plts ______ he is entitled to the money due on it.
B___ the plt have a right to ask of the adm _____ of the testator ________________
____________________________________________________________________
[the above section was difficult to read as some of the words were written above other lines]
the estate of ___ __tator __ for __ purposes the cause is proper here. But in directing an __ it is proper that the commis should be instructed as to the principles on which it is to made – In doing that I shall first consider the slave Delilah, as part of the estate of David Beatty the elder – in that case Wm Beaty, son of Armstrong, as he is not a party plt___ ____ to be made a deft – and the proceeds of the sale of Delilah ___ be equally distributed between all the children of the said David & the representatives of such of them as are dead nonwithstanding any advancement made by the Father in his lifetime, the doctrine of Hotchpot applying only in cases of general, not part__ intestacies – and for this reason I presume that ___ _____ contemplated by the law, might, in cases where there had been a will as to part of the estate, be defeated by applying the doctrine of
Hotchpot to the _______. This is the well established _____ in England [?] ______
_______ of _______ there___ and though our ___ of ____ may be somewhat variant in its language from the act of the 22d & 23d of ____ the 2d yet I can see no ____ difference between them as to ____ the law in this country how the decisions the___ our act is more explicit & leaves no room to doubt of what is meant by tet_____.
But another & in my opinion, more correct view of this subject is to consider Delilah as part of the estate Mary Beatty decd & possessing by the ____ clause of her will to the plts James, and Wm & the defts. David Beaty & Nancy Clark and in that ___ all ____ parties as to this part of the subject _______. That the heirs of David Beatty the elder, who were all of age in August 1814 had a right to c_______ with the widow for her dower interest in the undisposed of estate of the said David will not be questioned and that they did so is proved to my satisfaction at least – It is proved that they & the widow agreed that ___ estate should be laid off in 7 equal parts, one for each of the 6 children, and for the widow, who was to share equally with them, & that they were to draw lots for choice – Had all those shares been slaves there might have been more doubt as to the widow’s consent to take less ____rights, in favor of her children, but one was wholly a money share which she might have drawn or chosen & in that case no position could have been put up that she took ___t a life interest in it – Again ___ ___ shares had either to pay or receive money with the property. In that case had the widow drawn or chosen Bob, valued at $330, she must have paid for him $207 – to the heirs, __ ___ ___ considered a purchaser of the slave, and entitled to an absolute estate in him.
These things must have been known to & understood by the heirs at the time & __ __ _____ & it is now too late to pretend ignorance or mistake in the matter – The first ___ to ___ that the plt never thought otherwise – His object in bringing suit was to get at the slaves James & Eliza, given by his father to his brother David & Sister Polly & not at Delilah, in whom he had a greater interest by the will of his mother, than he has
as the heir of his father, _________, as one of the ______ tells us, that a share in two living negroes was ___ than the entire interest in one dead one & but for that death this suit would probably never have been heard of -
___ ___ of the estate of David Beatty ____ __ to ___ __separate & distinct from that of Mary Beaty. The _____ ____ is not asked for at this time – But as the Ptt_ may by _____ be brought in debt on the ____ of his Father, in which case there would be a _____ _________; in addition to ___ for costs already given ____ _____ ____. to give ____ to ______ __________
Mrs. Beattys intentions as to Delilah not fully proved