Powhatan Co., Chancery Records (Index Number 1842-016, Estate of Edward F

Powhatan Co., Chancery Records (Index Number 1842-016, Estate of Edward F. Baugh, Sr. [#11-46]) {32464}

“Edward F. Baugh, Jr., etc. vs. Admr. of Edward F. Baugh, Sr., etc.”

[names written on cover of folder:] “Graves, Cardozo, Drake, Taylor, Mayo, Payne”

[5 Nov 1838] “In Powhatan County Court . . . Isaac N. Cardozo and Mahala his wife formerly Mahala Baugh, Edward A. Lynch, and Harriett his wife formerly Harriett Baugh, Edward F. Baugh, and Sa- rah A. Baugh , Pl[ain]t[iff]s against Richard F. Graves adm’r of Edward F. Baugh dec’d, Wm. H. Baugh and Lucy Baugh, infant children of the said Edward F. Baugh dec’d On the motion of the plts. George Taylor is appointed guardian ad litem for the infant defendants . . . whereupon the Court doth adjudge, order, and decree that Thomas Miller, Wm. Ligon, James M. Harris, Edward C. Mosby, William Stratton, Jr., and Daniel Taylor be appointed commissioners any three or more of whom to act to sell the land mentioned in the bill of the plaintiffs except the widow’s dower on such terms as they may deem advisable taking bond and security for the purchase money and retaining the title until it shall all be paid. That as the purchase money shall become due and is received they shall pay over one sixth part of it to Isaac N. Cardozo in right of his wife Mahala, one sixth part to Edward A. Lynch in right of his wife Harriett, one sixth part to Edward F. Baugh on his lawful attorney, one sixth part to Sarah A. Baugh, and one sixth part to Wm. H. Baugh and Lucy Baugh respectively as they arrive at the age of twenty one years, or to their guardians respectively should such be as- signed them before they arrive at that age. That the said commissioners (any three or more of whom to act) after the widow’s dower shall have been laid off in the slaves belonging to the estate of Edward F. Baugh dec’d shall divide the remainder of said slaves into six lots as equal as possible making the distributees pay the differences if any to each other . . . the commissioners are to take into consideration any advancements which may have been made to any of the said distributees by the said Edward F. Baugh dec’d in his lifetime, and abate their portions accordingly by the value of such advancement at the time they were made . . .”

[4 Feb 1839] “This cause came on this day to be again heard upon the papers formerly read and the report of the commissioners of the division of the slaves in the bill mentioned and was argued by the counsel . . . after laying off the widow’s dower, have proceeded to perform that duty as follows – Having in the first place in pursuance of another decree of the same Court allotted to Mrs. Martha Baugh widow of Edward F. Baugh dec’d her third of the slaves of which he died possessed to be held by her for life, we then proceeded to value the remaining two thirds consisting of: Mat, a man about 56 years old valued at $400.00 Ike, a young man - $850.00 Henry, a boy - $700.00 Abby, a woman about 28 years old - $450.00 Nancy, a girl - $350.00 Eady, a small girl - $150.00 Biddy, a woman about 50 years old - $125.00 Amounting in the whole to $3,025.00 And your com’s being informed that the intestate in his life time gave to his son Ed. F. Baugh, Jr. a young negro man which he valued at $700 and a bed which we value at $20 and to Ed. A. Lynch who married his daughter Harriett a negro girl which we value at $400 & to Isaac N. Cardozo who married his daughter Mahala a bed which we value at $20, we have determined to add these advancements to the gross valuation of the slaves & then divide the amount as directed by the decree aforesaid, which advancement amounts to the sum of $1,140, making the [total] sum of $4,165.00 from which sum should be deducted $125 for supporting an old negro woman named Molly . . . Edward F. Baugh, Jr. having received an advancement . . . And we have allotted to him [Ed. A. Lynch] Biddy . . . and Eady . . . The remaining slaves were then divided into four lots and drawn as follows: Lot No. 1 – Ike, a young man . . . and this lot to support old Molly . . . was drawn by Lucy Baugh Lot No. 2 – Henry, a boy . . . was drawn by Sarah A. Baugh Lot No. 3 – Abby, a woman . . . was drawn by Wm. H. Baugh Lot No. 4 – Mat, a man, Nancy, a girl . . . was drawn by Isaac N. Cardozo”

[15 Apr 1839] “This indenture made . . . between Edward F. Baugh & Samantha O., his wife, of County of [blank] in the State of Mississippi of the one part, and Geo. Taylor of the County of Powha- tan in the State of Virginia of the other part . . . in consideration of the sum of [$138.25] . . . convey unto the said Geo. Taylor . . . a parcel of land . . . in the County of Powhatan . . . [79] acres . . . bounded on the north by the land belonging to the estate of Ferguson Taylor dec’d, on the east by the dower land by Mrs. Martha Baugh, on the south by the Middle Road, and on the west by the land of the said Geo. Taylor, it being the same tract or parcel of land which was allotted to the said Edward F. Baugh in the division of the real estate of his father Edward F. Baugh deceased . . .”

“ . . . orator Edward F. Baugh that his father Edward F. Baugh Senr. departed this life in the County of Powhatan in the year 1838 without having made any last will and testament and that administration upon his estate was granted by the County Court of Powhatan to Rich’d F. Graves, Esquire. That for many years previous to the death of your orator’s father to wit from sometime in [Mar 1831] untill about [1 Oct 1835] your orator lived with his father in the capacity of an overseer under a contract with him by which he was to pay your orator one seventh part of the crop made upon the plantation for his services. That during the whole . . . period he faithfully discharged his duty as an overseer and about [1 Oct 1835] he left his father’s employment with his consent and removed to the State of Mississippi, where he has ever since resided until the early part of 1841. That previous to setting out for the west he frequently made application to his father for a settlement of their accounts which was general postponed not from any unwillingness on the part of his father to come to a settlement but from some reason or other at the time, of a temporary character. That about the time of his leaving Virginia his father put into his possession a negro boy by the name of Albert which he valued to him at $700 to the account of his claim against him. That he also gave him $50 in cash and paid sundry other small sums of money for him an amount of which will be filed herewith before the trial of this cause. That at the time he received Albert his father promised to give him a bill of sale for him, which he expected to be able to procure, but which he ne- glected to do. That the said Edward F. Baugh departed this life suddenly in a fit of apoplexy in the year 1838 and at the November C[our]t following a friendly bill and . . . as it would deem was exhibited in the County Court of Powhatan for a division and settlement of his estate. That in this bill your orator with a portion of the other children of the s[ai]d Edward F. Baugh were made plaintiffs, without any consent whatever on the part of your orator for that purpose, and a desire for a division of the estate was had and in pursuance thereof. The commission appointed for that purpose made a division of the slaves among his widow and children and returned the same to Powhatan County C[our]t whch at the February term of said court was approved and admitted to record no exemption being filed . . . all of which will more fully appear by reference to the record of s[ai]d C[our]t a copy of which will be filed before the trial of this cause. All these proceedings took place during your orator’s absence in a distant state, without his knowledge or consent, and the first information which he rec[eive]d as he now recollects was upon a short visit which he made to the State of VA in the year 1839 after the report of the division had been admitted to record. That it will appear by reference to the report of the commission who divided his father’s negroes that said distri- bution was entitled to receive in slaves, property to the value of $673.33. That the said commission wholly unapprized of the character of the claim by which he had received the boy Albert from his father, proceeded to value him as a part of the decedent’s estate, and in the division made your orator account for him as an advancement, and actually bought by your orator in debt for the sum of $46.67. . . . That your orator is not disposed to cast concern on the commissioners, all of whom are intelligent and honorable men, but his misfortune has been that they acted without a knowledge of the fact that his claim to Albert was not in the nature of an advancement by his father, but a sale to him in pay[men]t of his claim upon him for an actual debt. . . . He therefore prays that Rich’d F. Graves the Adm[inistrato]r aforesaid, together with the widow Mrs. Martha Baugh, and Isaac N. Cardozo and Mahala his wife, Edward A. Lynch & Harriet his wife, Sarah A. Baugh, Wm. H. Baugh, and Lucy Jane Baugh be made defendants hereto and that they be compelled to answer the several allegations of this bill on oath and that your Honour will accord to him the relief before pray’d for and make such other and fur- ther order herein as justice and equity may dictate and the nature of his case may regain & grant all proper . . .”

[22 Mar 1843] “The deposition of George Taylor . . . I live within half a mile of Edward F. Baugh, Sr. and that his son Edward F. Baugh lived with his father in the capacity of an overseer from the time he became of age till he moved to Ala- bama Mississippi. . . . Question: Were you upon terms of intimacy with Edward’s father or not. Answer: I was, tho we seldom visited each other except on Sundays, and not very often in those days, though I frequently saw him during the week in the plantation. . . . Question: How did Edward obtain the funds to move to the South. Answer: I gave him $300 cash for his interest in his grandfather’s (Jno. Toney, Sr.) estate about the time he was fixing to start. . . . Question: Is not Edward F. Baugh (the Pltff.) your son in law, having married your daughter before he removed to the South & did you not act as his agent in the friendly suit for the division of his father’s estate. Answer: He did marry my daughter before he removed to the South and I did act as his agent in the friendly suit. . . . Question: Did not Edward F. Baugh, Jr. immediately he was apprised of the way the division was made object to it? Answer: He did as soon as I saw him.”

[22 Mar 1843] “The deposition of Samuel Drake . . . That he lived within a mile and a half of Edw’d F. Baugh Sr. and that he was in the habbit of going there frequently, sometimes two or three times a week ...... Question: Was Edward Baugh, Jr. frugal and industrious in his habit or otherwise while living with his father. Answer: He was both frugal and industrious. Question: When did Edward Baugh become of age & when did he leave his father & go to Ala- bama. Answer: From an inspection of the Family Bible which has been shown to me this day, he became of age on [31 Mar 1831] and that he moved to Alabama in the fall of 1835. . . . Question: How old was the negro Albert taken south by Edward F. Baugh, Jr. & what description of negro was he? Answer: I do not recollect his age, he might be about 15 or 16 years old and not very likely but as likely as common.”

[22 Mar 1843] “The deposition of William H. Baugh of lawfull age ...... Question: Did you ever hear your father complain of him either for want of industry or attention to his duties as overseer. Answer: I never did. . . . Question: To whom did you sell the land & negro you rec’d under the said division . . . Answer: I sold the land to brother Edward and the negro died. Question: When did you sell your part of the land allotted to you under the said division to your brother Edward? Answer: [7 Sep 1841] . . . Question: When did you first hear Edward object to the said division . . . ? Answer: Some time in the spring 1839, a few days after he came in from Alabama. Question: Did not Edward your brother purchase a negro from Edward A. Lynch which was allotted in the said division to him? Answer: Yes sir, I believe so. . . . Question: What did Edward your brother do with his portion of the said land? Answer: He sold it to George Taylor and agreeably to the date of the deed, it was on [15 Apr 1839].”

[5 May 1843] “The answer of Richard F. Graves, Adm’r . . . that the pl[ainti]ff lived in his father’s family (himself & his wife) from the time he came of age until the fall of 1835 when he went to live in Alabama & Mississippi . . .” Richard F. Graves

[5 May 1843] “The defendant Richard F. Graves admin. of Edward F. Baugh dec’d this day filed his answer to the plaintiff’s bill . . .” “We acknowledge legal service of the within notice. R. F. Graves adm’or of E. F. Baugh dec’d George Taylor guardian of Lucy J. Baugh”

[9 Nov 1844] “The answer of Sarah A. Baugh to a bill of complaint . . . that she emphatically denies all the equity in the pl[aint]iff’s bill, believing that her late father Edward F. Baugh was not in- debted to the pl[aint]iff at the time the latter left Virginia for Mississippi. . . . About the time that the plaintiff was about to start to the South, she heard her father . . . say he had done more for Edward (meaning the pl[aint]iff) than he could do for any one of his children if he were to die tomorrow. That (to use his own expression) he would be damned if he would give Albert to him unless Mr. Taylor gave a servant to Samantha (meaning Mr. George Taylor whose daughter Samantha the plaintiff married). That Mr. Taylor did give a servant to his daughter Samantha & that her father gave Albert to the plaintiff not in consideration of his services. Sarah A. Baugh

[9 Nov 1844] “The answer of Isaac N. Cardozo . . . that the Pl[aint]iff was fully & legally represented in the said suit by his father in law, George Taylor . . . that shortly after the said Pltff. left the State of Virginia for Mississippi, Mr. Edward F. Baugh Senr. (the father of the Pltff.) excused himself to this respondent for having given the said negro boy Albert to the Pltff. while he had given little or nothing to this respondent who had married his daughter. That the reason he had given said negro boy Albert to the Pltff. was because he was going away to the South & he never expected to see him again . . .” Isaac N. Cardozo

[8 Aug 1845] “Parties heard as papers formerly read & Report of Com. and answers of I. N. Cardozo and Sarah Baugh f’d [?] and bill dismissed with Certs [?] to the def[endan]ts”

[Original signatures of parties in case:]

[The abstract above represents just a portion of 75 images in this chancery file, a fascinating account of the case. – MBA 24 Sep 2015.]