O Say Can You See

At a Court held at the Courthouse for the County of Loudoun before the Justices of the said County Court on the 13th day of July in the year one thousand eight hundred and forty and in the 65th year of the Commonwealth

Be it remembered that heretofore to wit on the 9th day of June in the year aforesaid came David Keene and Fanny his wife late Fanny Marshal & Francis M Keene and John Dyer and Maryann his wife late Simpson by their attorney and sued out of the Office of the said County Court a Subpoena in Chancery against William I Starke Thomas Starke Elizabeth Smith late Starke Ann Price and Albert Price William Neal & Francis Neal Henry Simpson William Simpson Alcinda Simpson Cordelia Simpson & Francis Simpson which subpoena is in the words and figures following: "The Commonwealth of Virginia, to the Sheriff of Loudoun County Greeting: We command you to summon William I Starke Thomas Starke Elizabeth Smith late Starke Anne Price and Albert Price William Neal and Francis Neal Henry Simpson William Simpson Alcinda Cordelia Simpson and Francis Simpson to appear before the Justices of the County of Loudoun at the Court house of the said County on the second Monday in August next to answer a bill in Chancery exhibited against them in the said Court by David Keene and Fanny his wife late Marshall and Francis M Keene and John Dyer and Mary Ann his wife late Simpson, and unless they shall answer the said bill within two months thereafter, the Court will take the same for confessed, and deem accordingly. And this they shall in no wise omit under the penalty of £100. And have then there this writ. Witness Charles G Estridge Clerk of our said Court at the Court house aforesaid the 9th day of June 1840 and in the 65th year of the Commonwealth

Chs G Estridge clk

And on the same day to wit: At a Court held for the County of Loudoun on the 9th day of June in the year aforesaid came the complainants by their attorney & filed their bill, and on the motion of the complainants Newton Keene is appointed Guardian ad litem to defend the infant Defendants in this cause, but he is not to be subject to any costs on that account, and therefore came the infant defendants by their Guardian ad litem as well as the adult Defendants by their attorney and filed their answers, which bill and answers are in the worlds following.

Bill. To the Worshipped the County Court of Loudoun sitting in Chancery your orators and oratrix David Keene and Fanny his wife late Marshall and Francis M Keene and John Dyer and Maryann his wife late Simpson by their bill of complaint against William I Starke Thomas Starke & Elizabeth Smith late Starke Ann Price and Albert Price William Neal & Francis Neal Henry Simpson William Simpson Alcinda Simpson Cordelia Simpson and Francis Simpson respectfully shew that John Marshall late of the County of Loudoun departed this life intestate, possessed of some twenty nine slaves and free from debt. Said decedent left as his legal representations and distributees your oratrix Fanny Keene his sister   William I Starke Thomas Starke and Elizabeth Smith formerly Starke children of his sister Ann Price and Albert Price infant children of Nancy Price formerly Starke who with her husband died before said John Marshall and Thomas Keene your orator son of Mary Marshall who intermarried with Francis Keene, and both of them died before said John Marshall. Your orator is their son. Said Mary Marshall afterwards Keene left two other children Stacy and Fanny. Stacy married William Neal, and they had children, said William and Francis both infants who survive them they having died before said John Marshall. Fanny married Thompson Simpson, and they both died before said John Marshall leaving six children to wit: your oratrix Mary Ann Dyer and Henry Simpson William Simpson Alcinda Simpson Cordelia Simpson and Francis Simpson all five of whom are infants under the age of twenty one years. Your orators in this state of thing are unable to procure a partition of said slaves without the aid of a Court of Equity. In tender consideration whereof, and for that your orators are [illegible] remedy in the premises at Law, may it please your Honors to make William I Starke Thomas Starke and Elizabeth Smith, and said children of said Stacy Neal, and said infant children of said Fanny Simpson depressants hereto with apt words to charge them; to compel them to answer the premises, said infants by Guardian ad litem to cause a fair and equal partition of said slaves to be made between the several distributees of said John Marshall, and to give to your orators such other and further relief as to your worships may seem right. To this and your orators pray the commonwealths gracious writ of subpoena

Answer of Adult Defendants. The Answer of William I Stark Thomas Stark & Elizabeth Smith to a bill of complaint exhibited against them and others in the County Court of Loudoun by David Keen & wife & others, respondents making the usual and necessary reservations and exceptions for answer to so much of said bill as they are advised it is material to answer, say they admit the facts in the bill stated and consent to the partition in the bill proposed. Respondents deny all fraud &c

Wm Stark for self & Thomas Stark & Elizth Smith

Answer of Infant Defendants. The Answer of William Neal and Francis Neal and of Henry Simpson William Simpson Alcinda Simpson Cordelia Simpson and Francis Simpson Ann Price and Albert Price infants under the age of twenty one years by Newton Keene their Guardian ad litem to a bill of complaint exhibited against them & others in the County Court of Loudoun by David Keene & wife & others. Respondents making the usual and necessary reservations and exceptions for answer to said bill, say they [illegible] the facts as therein stated and submit the decision of the subject to the court

Signed N. Keene

 

Decree. This cause came on for hearing, by consent, upon the bill and answers, on consideration whereof it is adjudged or [illegible] and decreed that John J Coleman Washington Hummer Robert M Newman Benjn Bridges and John Veale, or any three or more of them do divide the slaves in the bill and proceedings mentioned into their equal parts that of these they allot one part to Plff David Keene in right of his wife Fanny, one to Defendants Wm I Stark Thomas Stark and Elizabeth Smith and Ann Price and Albert Price and one to Plff John Dyer in right of his wife and to the infant Defendants, and that they make report to this Court, how they shall have executed this order

And now here at this day to wit At a Court held for the County of Loudoun on the 13th day of July in the year aforesaid

David Keene & Fanny his wife & others Plffs
agt
William I Stark & others Defts

In Chcy

John J Coleman Washington Hummer and John Veale three of the commissioners named in the decritae[?] order made in this cause at June term last returned their report of the devision of the slaves of John Marshall decd amongst his distributees to which there is no exception, and the cause coming on again to be heard upon the papers formerly read, [illegible] said report: On consideration whereof it appearing to the Court that by [illegible], no clause was inserted in said order directing said commissioners in allotting said negroes, to make provision for Plaintiff Francis M Keene, it is by consent of parties, now ordered that, that the allotment by them made as regards said Francis Keene, be and stand upon the same footing as if said omission had not occurred.

And it is further decreed and ordered that said report and Division be and the same are [illegible] approved and conferred[?]. And it is by like consent decreed and ordered, that the subdivision reported of the third set apart to Mary Keenes representatives be used the same is hereby approved and confirmed, and that as well the Plff. David Keene in right of his wife, the representatives of Ann Stark decd, and the representatives of Mary Keen decd hold the third severally allotted to them in severalty, as that the Plaintiff Francis M Keen Stacy Neals representatives and Fanny Simpsons representatives hold in severalty the several parts of the third of their mothers third set apart to them

It is further decreed and ordered that the slavery of Loudoun County Committee administrator of the estate of John Marshall decd do, out of the assets of the estate in his hand pay to Plaintiff David Keen in right of his wife $11.2/3 for Ann Stark representatives, the like sum for Mary Keens representatives for equality of partition, changing the same to said Ann Stark and said Mary Keens representatives

It is farther adjudged ordered and decreed that said Sheriff[?] admr as aforesaid do pay to Fanny Simpsons representatives for Stacy Neals representatives $41 2/3 and to the same for Francis Kean $16 2/3 for equality of the subdivision of their third amongst themselves; which payments he is also to make out of the assets in his hands,   and to charge to said Stacy Neals representatives and to said David[?] Keen respectively.

It is further decided and ordered that this report of the division of said slaves be recorded in the office of the Court for the sake of greater security; and that said [illegible] Sheriff[?] administrator as aforesaid do out of the assets of the estate in his hand pay the costs as well as the other expenses of this proceeding including five dollars to each of the commissioners who acted

Report and Decision. Agreeably to the decritae[?] order of the County Court of Loudoun made at June term in the year 1840 in the case David Keane & wife and others against Wm Stark & others the undersigned three of the commissioners in said order mentioned proceeded to divide the Slaves of John Marshall decd amongst his representatives as they were produced to us to wit. Henson Nelson Delila Patience Ella Fanny Purdy Bob Charlotte Lewis Daniel Stacy Milly Mariah Beverly Mahala George James Sam John Harrison Vincent Winny Letty Henry Caroline and Rachel. From Nelson to Charlotte both inclusive we have allotted to David Keen in right of his wife. From Lewis to James both inclusive to Ann Starks representatives. From Sam to Rachel both inclusive to Mary Keens Representatives

It will be perceived by the list and estimate appended to the report that the Slaves allotted to David Keen are valued at $2225 and that the other two lots amount to $2275 each. It results that each of the two last lots pays to the lot of David Keene $16 2/3 for equality of [illegible], thus making each division or third $2258 1/3 precisely

The undersigned were requested to subdivide the third allotted to Mary Keens representatives and Fanny Simpsons representatives to receive then respective shares: this they have done as the statement will show, altho the terms of the order did not require it

In making this subdivision, the undersigned allotted Francis Keen Winny John & Henry. To Stacy Neals representatives Sam Letty and Harrison, and to Fanny Simpsons representatives Caroline Vincent and Rachel

It will be perceived by the appendix that he lot of Fanny Simpson's representatives is valued at $700. That of Stacy Neals representatives at $800. And that of Francis Keen is valued at $775. The exact share of each is $758 1/3 leaving Stacy Neals representatives to pay Fanny Simpsons representatives $41 2/3 and Francis Keen to pay them $15 2/3

Two of the Slaves the undersigned were informed, absconded, but they were requested not to delay the division

The undersigned were subjected to more than usual trouble and to some expense, owing to the fact of the slaves having been removed   from their neighborhood to the Jail of the County hence they claim a reasonable compensation. All which is respectfully submitted

W. Hummer Jno J Coleman John Neale

List of all the Slaves divided: 1 Henson, 2 Nelson, 3 Delila, 4 Patience, 5 Ella 6 Fanny 7 Sandy, 8 Bob, 9 Charlotte, 10 Lewis, 11 Daniel, 12 Stacy, 13 Milly, 14 Mariah, 15 Beverly, 16 Mahala 17 George, 18 James, 19 Sam, 20 John, 21 Hanson, 22 Vincent, 23 Winny, 24 Sally, 25 Henry, 26 Caroline 27 Rachel

Henson	$150
Nelson	500
Delia	325
Patience	400
Ella	100
Fanny	275
Sandy	100
Bob	100
Charlotte	275
	2225

Lewis	$125
Daniel	500
Stacy	400
Milly	75
Maria	250
Beverly	450
Mahala	50
George	300
James	125
	2275

Sam	$500
John	225
Harrison	100
Vincent	250
Winny	400
Letty	200
Henry	150
Caroline	300
Rachel	150
	2275

Exact value of each share: 2258 1/3

Subdivision of Keens 1/3

Winny	$400
John	225
Henry	150
	$775

Sam	$500
Letty	200
Harrison	100
	$800

Caroline	$300
Vincent	250
Rachel	150
	$700

Exact share of each in money $758 1/3

A Copy Teste Chs G Estridge Clk

Virginia Loudoun County to wit

I Charles G. Estridge Clerk of the County Court of Loudoun in the State of Virginia do hereby certify that the foregoing is a true transcript of the record and proceedings in a certain suit in the Chancery lately depending in the said County Court of Loudoun David Keene & wife & others Plffs, and William I Starke & others Defendants with all things touching the same as fully and wholly as they now exist among the records of my office

In testimony whereof I hereto set my hand and annex the seal of the said Court this 4th day of November 1843 and in the 68th year of the Commonwealth

Chas G Estridge Clk

Virginia Loudoun County to wit

I Ariss Buckner presiding Justice of the County of Loudoun in the State of Virginia do certify that Charles G Estridge who   hath given the preceding certificate, is Clerk of the said Court, and that his said attestation is in [illegible] form. Given under my hand this sixth day of November 1843

Ariss Buckner