Virginia (Chancery Records)

Chancery courts were also known as Equity courts. They were a part of the original English system established to deliver justice according to fairness rather than to a mechanical application of rules such as in a court of common law. Over time the equity or chancery courts established their own precedents, rules and doctrines. The cases were heard by a judge, not a jury. The earliest chancery records actually created in Washington County were apparently destroyed by a fire at the courthouse during the Civil War. However, there do exist a select number of early cases that were heard in Wythe County but which involved Washington County families.

Washington Co. Ended Chancery Causes 1850-05 styled Nelson Beaty by his guardian and next friend vs James Beaty, C. Jones, etc.

This case involved the division of land between the heirs of Margaret (Montgomery) Beaty and Abigail (Montgomery) Preston. The case began as early as 1831

Washington Co. Ended Chancery Causes 1871-19 styled Wesley A. Hutton & others vs James H. Hutton & others:

In Feb. 1850 several children of Moses Hutton of Washington County brought suit against other of their siblings in order to facilitate the sale and division of their father's land and slaves

Washington Co. Ended Chancery Causes 1876-043 styled Mary G. Cunningham, Committee vs Sarah Jane Walden & others:

In 1872 Mary G. Cunningham, on behalf of her sister Janet Buchanan, brought suit against Sarah Jane Walden claiming that the latter woman had fraudulently entered into an agreement to obtain Janet Buchanan's land. The first icon provides an abstract/transcription of the case. The second icon links to a discussion of the genealogical implications

Washington Co. Ended Chancery Causes 1891-017 styled Richard Montgomery's Adm vs Snodgrass & wife & others

Richard Montgomery died in 1863; he did not leave direct descendants. The administrators of his estate were not able to locate all of his siblings, or their heirs, as many had moved "out west". In 1870 the administrators filed suit asking the court to appoint a receiver to manage the undistributed assets. Eventually additional heirs were located. The suit includes multiple affidavits related to the heir(s) of Richard's sisters Nancy (Montgomery) Snodgrass and Elizabeth (Montgomery) Scott

Washington Co. Ended Chancery Causes 1912-070 styled J.L. Walden et als vs J.O. Hutton, adm et als

Rachel Hutton, daughter of Samuel and Isabelle Hutton died unmarried in 1910. Her heirs included siblings and half-siblings. A suit filed in Chancery in 1910 by one set of heirs facilitated the division of Rachel's estate
For information on the genealogical implications of the Walden vs Hutton suit see Samuel and Isabella Hutton.

Wythe Co. Virginia Superior Court Chancery Pleas Records 2: 19-39 styled Davis vs Russell, Davis:

In Nov. 1813 Mary Davis, widow of John Davis, filed suit against Andrew Russell (executor of John's estate), and certain of John's children from his first marriage. Click on text icon for summary of case.

Wythe Co. Virginia Superior Court of Chancery file #1821-04SC styled: Beaty et al vs Clark et al:

The complaint was filed in Oct. 1820 by James Beaty, William Beaty, Elizabeth Beaty widow of Armstrong Beaty dec'd and William Beaty infant son of Armstrong (although Elizabeth later stated she had no knowledge of the suit and did not wish to be a part of it). The defendants were James's other siblings: David Beattie and Mary (Beatie) Clark with her husband John Clark. The suit dealt with the distribution of assets from the estate of their parents Mary and David Beaty [Beatie/Beattie]. Click the first icon for an overview of the suit. The second icon discusses the items of genealogical importance found in the actual documents.
Bill of complaint, filed Oct. 1820 by James Beaty.
Response, filed Jan. 27, 1821 by John Clark and wife Mary, and David Beatie
also statement of Elizabeth Beatie, dated 23 Jan, 1821.
Depositions taken 10 March 1821 at the house of John Stewart:
James Clark, Joseph Meek J., Robert Stewart, James Porterfield, Thomas Edmiston, Margaret Edmiston, Rosanna Stewart.
Additional depositions taken 21 Sept. 1821 at the home of Major Thomas Edmiston:
John Porterfield, John Sturgeon, John Stewart, Beattie Ryburn and Mathew Ryburn. Also a deposition dated 21 March 1821 for Edward Hutton.
Decree (not dated) and additional document which appears to be reasons behind decision.

Other Chancery Resources:

The Library of Virginia has filmed the extant chancery files for many Virginia Counties and indexed them. The Washington County records start about 1852.
See: Chancery records at the Library of Virginia

Also, Jack Hockett reviewed the films containing Washington County records and contributed his findings to the New River Notes website. See: Washington County chancery abstracts at New River Notes

As for the early cases heard in Wythe County: Mary Kegley has personally indexed them. She has not published the index but will search for a specific surname and copy the existing files at your request (a fee based service). Mary can be reached at: MBKegley@aol.com.
Last Edited20 Dec 2013