John Clark1

b. say 1763
FatherGeorge Clark1 d. 1806
MotherJean (?)1 d. aft 1822
Birth-Saysay 1763 John Clark was born say 1763. 
Migration1784 In 1784 John left Washington County, Virginia and traveled south to conduct business for his father in Georgia. He then traveled to North Carolina where he married and made his home.1 
  John was not in frequent contact with his family in Virginia and did not know that his 3 brothers (William, George and Benjamin) had reached an agreement with their father whereby they would buy his 700 acre tract in Washington County. The 3 men were to use what would have been the purchase money to pay Benjamin 32 pounds and each of his 8 sisters 16 pounds as their share of their father's estate. The deed transferring title of the land was executed on 20 July 1793.

George Clark Sr. died in 1806. Sometime later John received a letter from his brother Benjamin in Washington County advising John of their father's death. Benjamin stated he was bound to John for the 32 pounds and would send the money, including interest due from July 1793, but it never arrived.

After some time John wrote his brother. Years went by without a reply and John eventually traveled to Virginia (around 1822 or 1823). Once there he discovered that Benjamin had died in 1814. Benjamin had purchased his brother's shares of their father's land so John approached Benjamin's widow Sarah to claim the money owed him in lieu of a share of the land.

Sarah at first offered to pay John 1/3 of the amount owed him, stating she was not responsible for the shares of John's brothers George and William. But John felt she was obligated to the full amount since Benjamin had assumed that debt when he purchased his brother' shares of the original 700 acres. Sarah eventually withdrew her initial offer and John then filed a suit in Chancery Court.

A supoena was issued to Sarah, as well as to John's brothers George and William, and to Benjamin's heirs but they did not respond.1 
Last Edited10 Mar 2013

Citations

  1. [S3075] John Clarke Bill of Complaint [probably dated 1823] in case of [John] Clark vs [Benjamin] Clark's heirs; Wythe Co., Virginia Superior Ct. of Chancery no. 1823-28-SC.