Brunswick County Virginia

John Wormeley, plt. against Benjamin Hicks, Deft. In Detinue. Discontinued for want of Prosecution.

Benjamin Hicks at the Suit of John Wormeley, In Detinue.

The Deposition of Benjamin Williams. Greensville County State of Virginia 24th of August 1782, Benjamin Williams of Amelia County being first duly sworn by John Lucas a Justice for said County on the holy Evangelists deposeth and saith That as well as he can remember in May 1772 he was at Northumberland Courthouse attending on a Horse of Peter Stoner's which he rode against a Horse of John Wormeley's and in the course of the Week, Robert Poythress, and John Wormley entered into Card playing and the said Robert Poythress won of John Wormley a large quantity of Tobacco to the amount of Twenty or Twenty two thousand weight but believes it was twenty two thousand and in a few days after in my presence, John Wormley offered his negroe man Dick for sale to Robert Poythress in discharge of the said tobacco, which said Wormley had lost with said Poythress on condition that Robert Poythress would let the fellow stay with his Horse untill the race was Run as he said he could not do well without him. Soon after that at Muse's Store about four hundred yards from the Courthouse the said Poythress asked the said negroe Dick whether he would be willing to serve him, as his master had offered him for Sale, Dick agreed to go if he was to be sold; After that Robert Poythress applied to John Wormley to buy the fellow that he had offered and in my presence John Wormley made answer, you shall have the fellow as I proposed Pointing towards the Negroe Dick, and said there he is, he is yours, which Poythress agreeed to; but I must have the fellow said Wormley until after my race is run as I first observed. Robert Poythress's answer was if he would be of a any service to you until then you are welcome to him until then; but what the price was that Robert Poythress was to give I do not remember but from what I could understand from them, the Negroe was to pay the Debt won of Wormley, and whatsoever was done after I never heard whether Wormley delivered the Negroe or not; untill he was called on by Benjamin Hicks as a Witness, And further this deponent saith not. "John Lucas" This Deposition ordered to be recorded on the motion of the said Benjamin Hicks. Court for September 26, 1782.

Order Book 1, page 43, Greensville County, Virginia

*****************************************************************************************************

Your oratrix [                  ] that one Robert Hicks late of Virginia but now deceased was posse'd of 450 acres called New Market in Richland District and upon a [           ] between the said Robert Hicks father of Polly Chambliss [           ] one John Watson the only brother of your oratrix, the said tract of land [           ] marriage portion with his said daughter [   ] age was had and solemized between the said John Watson and the said Polly Chambless.  Robert Hicks died 18__ leaving a widow [          ] and one only child Martha Greenway Dixon Hicks now married to one [          ] of the state of Virginia and without having made legal title to the said tract of land to the said John Watson who also departed this live about [       ] sometimes after the death of the said Robert Hicks leaving your oratrix his only sister and heir at law.  On the 27 February 1816 she sold the land to one Richard Crawford.  David Myers wrongfull took it over.

Reply of David Myers that Peter Chambless husband of said Polly Chambless was then living at times of said marriage, Mayers claims that Watson had only a life interest in said land.  Peter Chambless is now living in the western county.  Robert Hicks died in 1796 or __.

History of Richland County, __________Green, page 255.

*****************************************************************************************************

Court for November 28, 1821. Suit in Chancery. Sterling E. Harrison, Theophilus Harrison, Edmund Harrison and Mary Ann, Cornelius and Charles Eaton Haynes, who are infant children of Martha Haynes who together with the said Sterling E., Theo.; and Edmund were children of Theo. Harrison, dec'd. and together with Elizabeth L. Harrison were devisees of Lewis Hicks, dec'd. against Phil Claiborne, Exor. of Sally Hicks, dec'd. who was Exor. of Lewis Hicks, dec'd. and James B. Claiborne and Sally Lewis and Martha Eliza Lewis by the said Phil Claiborne, their next friend. Ordered that Estate of Lewis Hicks, deceased, be divided into two equal parts. . . and that one half of the land. . . be assigned to James B. Claiborne, the devisee of Sally Hicks, deceased and that the other half of the land be sold. . . and transfer to the complainants, Theophilus Harrison, Edmund Harrison and Sterling E. Harrison one bond each, and to the three infants complainants, Mary Ann, Cornelius, and Charles Eaton Haynes on bond thereof in right of their mother, Martha Haynes formerly Harrison, daughter of Theo. Harrison and one of the devisees of Lewis Hicks, dec'd. to be transferred to their guardian; one bond transfer to . . . they divide equally between Sally Lewis Rieves and Martha E. Rives, daughters of Willis Rieves.

Order Book 29, page 233, Brunswick County, Virginia

******************************************************************************************************

Court for August 29, 1821. Suit in Chancery. Abner Wesson & Sally his wife, Hinson H. Hall & Frances Eliza Wesson by Abner Wesson her father & next friend against Phil Claiborne exor. of Sally Hicks & as Exor. of Lewis Hicks, Martha Harrison, Theodk. Harrison, Sterling Harrison, & Edmund Harrison, Children of Theo. Harrison, Sacfield Bracy & Lucy his wife, Hamlin Hicks, Isaac Hicks, Children of Patsey James                                   King & Tabitha his wife Children [of] Frances James & Paschall Hicks which said Lucy, Hamlin, Isaac, Patsey, Tabitha, Frances & Paschal are children of Robert Hicks, decd.  Children of Molly Lanier formerly Molley Hicks, Daniel Hicks Senr., Henry D. Hicks, Senr., Lud E. Jones & Lucy his wife, Martha Hicks, John Hicks son of Benja. Hicks the younger Benja H. Sturgess son of Dolly Sturgess which said Daniel, Henry D. Lucy, Martha, John & Dolly were children of Benjamin Hicks, decd., Patsey Harrison formerly Hicks, James Hicks,  Children of Eliza Phillips, decd., Thomas Booth & Patsey his wife, Clement Hall, Paschall Hicks & Lucy his wife & Hicksey Hall which said Eliza, Patsey, Clement, Lucy & Hicksey together with Sally Wesson formerly Hall & Hinson H. Hall were children of Frances Hall, formerly Hicks & John Hicks, son of Benja. Hicks the elder. Court ordered advertisement in Petersburg newspaper as most of the defendants were not residents of the Commonwealth.

Order Book 29, page 155, Brunswick County, Virginia

Court for November 28, 1821. Suit in Chancery. Abner Wesson & Sally his wife, Hinson H. Hall & Frances Eliza Wesson by Abner Wesson her father & next friend against Phil Claiborne exor. of Sally Hicks & as Exor. of Lewis Hicks, Martha Harrison, Theodk. Harrison, Sterling Harrison, & Edmund Harrison, Children of Theo. Harrison, Sacfield Bracy & Lucy his wife, Hamlin Hicks, Isaac Hicks, Children of Patsey James                                        King & Tabitha his wife Children [of] Frances James & Paschall Hicks which said Lucy, Hamlin, Isaac, Patsey, Tabitha, Frances & Paschal are children of Robert Hicks, decd.  Children of Molly Lanier formerly Molley Hicks, Daniel Hicks Senr., Henry D. Hicks, Senr., Lud E. Jones & Lucy his wife, Martha Hicks, John Hicks son of Benja. Hicks the younger Benja H. Sturgess son of Dolly Sturgess which said Daniel, Henry D. Lucy, Martha, John & Dolly were children of Benjamin Hicks, decd., Patsey Harrison formerly Hicks, James Hicks,  Children of Eliza Phillips, decd., Thomas Booth & Patsey his wife, Clement Hall, Paschall Hicks & Lucy his wife & Hicksey Hall which said Eliza, Patsey, Clement, Lucy & Hicksey together with Sally Wesson formerly Hall & Hinson H. Hall were children of Frances Hall, formerly Hicks & John Hicks, son of Benja. Hicks the elder. Suit dismissed.

Order Book 29, page 231, Brunswick County, Virginia

*******************************************************************************************************

Court for November 27, 1826. Suit in Chancery. Harrison Barner and John Barner and others, plaintiffs against Joseph H. Travis and Wm. F. Brodnax, Executors of John Barner, defendants.  This day this cause was docketed and came on to be heard on the bill answer and exhibits heretofore filed in this cause and it appearing to the court that the order of publication as to the absent defendants, Benjamin Marrable and Lucy, his wife, has been regularly inserted in the public newspaper and posted at the front door of the courthouse of this county according to the order heretofore made in this court by this court It is decreed and ordered that John Taylor, John B. Thrower, Richard R. Browse, Robert Jones and James Seward or any three of them do divide the slaves and the estate owned by John Barner the Elder to his wife for life and which were not otherwise specifically disposed of equally between the devisees of the testator that is to say that they allot to William Harwell, Elizabeth P. Baugh late Harwell, Joseph Harwell, Martha Harwell, wife of Samuel Harwell, Rebecca J. Dorch late Harwell, Nancy Clauswell, late Harwell, John B. Harwell, Caroline A. Harwell, Mary Harwell and Richard Harwell one fifth they being the children of Rebecca Harwell late Barner, to Charles P. Cleaton, Catharine Rainey late Cleaton in right of the said Catharine Thomas Cleaton, Benjamin Tanner and Elizabeth his wife late Cleaton in right of the said Elizabeth, Jesse Rose and Edney his wife late Cleaton in right of the said Edny, William B. Cleaton and Parasade Cleaton, children of Elizabeth Cleaton late Barner, one fifth to James Hicks, John B. Hicks, Isaac Hicks and Francis B. Hicks, sons of Tabetha Hicks late Barner, one fifth and on fifth to Judith Pittello wife of Littleton Pittello which said fifth is allotted her for life and to revert to all her children after her children and to Benjamin and Lucy Marable late Barner, the remaining fifth according to the will of the testator in kind if it can be effected and make report thereof in order to a final decree.

Order Book 31, page 381, Brunswick County, Virginia

Court for February 26, 1827. Suit in Chancery. Harrison Barner and John Barner and others, plaintiffs against Joseph H. Travis and Wm. F. Brodnax, Executors of John Barner, defendants. This day came the parties by their counsel and the commissioners appointed to divided slaves. . . made the following report to . . .allotted No. 1 to James Hicks, John B. Hicks, Isaac Hicks and Francis B. Hicks, sons of Tabetha Hicks late Barner, comprising of Phillis a Negro woman and Isaac an old Negro man valued at $400.00. . . Lot #2 to Charles D. Cleaton and others in right of Elizabeth Cleaton late Barner. . . Charles an old man and Tom a boy valued at $400.00. . .Lot #3 to Benjamin and Lucy Marable late Barner. . . Fanny a woman and child Earnined valued at $400.00. . . Lot #4 to William Harwell and others in right of Rebecca Harwell (late Barner). . . Negro man named George valued at $350.00. . . Lot #5 to Judith Pittello wife of Littleton Pittello. . . (report dated December 9, 1826)

Order Book 31, page 434, Brunswick County, Virginia

 

---