Archives section of the Library of Virginia, Richmond, Original Case # 383
Transcriber’s Note: Only a portion of the documents in the folder were photographed. The following is a transcription of the photographed items, some of which were hard to read. The documents in the folder were in no particular order. I photographed the documents as I came to them in the folder, and this transcription is in the order that they were photographed.
Molly Rhodes vs Nathaniel Burnley Admin de bonis non with the will annexed of John W. Rhodes dec’d, R.T.W. Duke admin of Richard Duke dec’d late sheriff of Albemarle and as such admin of Geo. Martin dec’d, Thos. H Brown sheriff of Albemarle and as such admin de bono non of Geo. Martin dec’d, James O Carr and Mr. Pritchett, Thomas W. Rhodes, Robert P. Rhodes, Nancy Ahart formerly Nancy Rhodes and the children of the said Nancy Ahart whose names are unknown, Manson Herndon and Frances his wife, formerly Frances Rhodes, Thos. Schuyler Rhodes infant son of Schuyler Rhodes dec’d, Granville Birckhead and Lucy Jane his wife, Hasten Collier and his children whose names are unknown.
This cause came on this day to be finally heard on the papers formerly read and the Report of the Comm. Geo. Tucker, made in pursuance of the ? Orders herein of the 10th May 1849 and the 27th May 1850; and was argued by Counsel – on consideration whereof and there being no inception to said report the Court doth approve and ratify the same and it appearing therefrom that whilst the estate of Geo. Martin dec’d and Carr and Pritchett the ? In his official bond as ? Of Jno. W. Rhodes dec’d are indebted to the estate of the said Rhodes in the sum of $171.42 as of the 13th July 1847; yet the same estate is indebted to N. Burnley the Admin de bonis non with the will annexed in a larger sum; it is manifest that the Plaintiff in this cause as legatee for life under the will of her husband can have no decree for the balance aforesaid; but the same must be decreed to the present representation of the estate to be by him applied in a legal course of ??.
A MEMORANDUM OF PROPERTY SOLD 14 OCTO. 1846
BELONGING TO JOHN W. RHODES
Elsy S. Wood 2 horse McPlough paid
Nath’l Burnley 1 Cultivator
Brice Marshall 1 M—-? Plough
Joseph Thomas 2 Cotton
David Thomas 1 Shovel Plough
David Thomas 1 Shovel Plough
Joseph Thomas 1 Grindstone
Elsy S Wood 2 Wedges paid
Jeremiah Early 1 Frow (?)
E. S. Wood 1 Scythe & ? paid
Adam S. Mayo 1 Scythe Blades
Peter Hasten 1 Stratcher (?) paid
Zanesville Marshall 2 Singletrees ? Paid
Mr. Crenshaw 1 Axe
E. S. Wood 1 Axe Paid
James Early 1 Matan (?)
Nath’l Burnley 2 Hi? Hoes
Kenneth Marshall 2 Barrels & Box Paid
Bluford Marshall 2 ?
Brice Marshall 1 ? &
Bluford Marshall 1 ? & Irons
David Thomas 1 waggon
Wm Macdonald (?) 1 Tar ?
A. S. Mayo 1 lot geer
Jas. T. Early 1 ?
Peter Keister 1 Cutting Box Paid
Tho. C Bowen 1 Gig Bonded
Thos. C Bowen 1 set Harness Bonded
Joseph Thomas 1 Wheat fan (?)
Jeremiah Early 1 Barrel & flour (?)
Bluford Marshall Crop of Tobacco 31.25
Thos C Bowen 1 Curtain Bonded
Mary Rhodes 1 Horse 5.00
Robert Smith 1 Horse 52.00
Jno Fray 1 Soc—? 5.15
Jeremiah Early 3 Hogs @ 4.55 13.65
Jno T. Barksdale 4 Hogs @ 2.50 10.00
Jno T Barksdale 3 Pigs @ .80 2.40
Adam S Mayo 3 Sheep 4.30
Adam S Mayo 3 Sheep 3.03
Jno T Barksdale 1 Cow (white ?) 8.45
George Martin 1 Cow (blk ?) 7.00
Jeremiah Early 1 Cow 11.00
Jno T Barksdale 1 Yearling 3.00
Jno T Barksdale 1 Calf 2.25
Bluford Marshall Whole lot 27 Barrels Corn 47.25
David Thomas 1 St—? of Oats 3.00
Wm Crenshaw 1 St–? Fodder 1.00
Joseph Thomas 1 St–? ? 1.50
Joseph Thomas 1 lot of shucks .70
E. F. Birckhead 1 Stacto (???) Rye .25
Wm Crenshaw 1 Stack?? Blades 1.35
Jas T Early 1 Pot
Wm Crenshaw 1 Pot
D.Thomas 1 Oven & Lid
Bluford Marshall 1 Oven & Lid
E S Wood 1 Pot hooks & lid Paid
Wm Crenshaw 1 flat iron
Nath’l Burnley 1 ? & shovel
M. Herndon 1 Grid Iron
Mary Rhodes 1 Brass Kettle
Wm Crenshaw 1 Lot tubs (?)
Meredith Mak—? 2 Mills ?
E. F. Birckhead 1 Water Bucket
Wm Crenshaw 1 Water bucket
Wm Crenshaw 2 Baskets
E. S. Wood 1 ?? Paid
Wm Crenshaw 1 ??
Robt Fray 1 Churn Paid
M. Herndon 1 Butter Pot
George Brown 1 Bin ? Paid
Geo Brown ?? Paid
M. Herndon 1 Bag of flour
Robt Rhodes 1 Bed (small)
Bluford Marshall 1 Box
Robt Rhodes 1 Candlestand
Bluford Marshall 1 Chisel (?)
M. Herndon 1 Lot leather
Wm Crenshaw 5 Ba??
Geo. Martin 1 S??
Mary Rhodes 1 ??
Bluford Marshall 1 for Steely?
Jeremiah Early 1 Flan Wheel (?)
1 Red Table
Jeremiah Early 1 Wheel
M. Herndon 1 Wheel
Zanesville Marshall 1 lot chairs Paid
M Herndon 1 tin bucket
Geo Martin 1 ??
Robt Rhodes 1 for sheets
To the Hon. Judge of the Circuit Superior Court of Law and Chancery for the County of Albemarle.
Humbly complaining respectfully showeth unto the Court, your Oratrix Molly Rhodes that in the year 1846 her husband John W Rhodes died having first made his will which was duly recorded and a copy of which is herewith exhibited as part of this bill now marked (A) – By reference to the will, it will be seen that the Testator gives to your Oratrix for and during her life, the use of the whole of his estate, and after her death to be distributed among his children and grandchildren. He also appointed as his Executor a certain George Martin who duly qualified as such on the 7th of September 1846 and gave his bond in the penalty of $5000 conditioned for the faithful discharge of his duties with James O. Carr and William Pritchett as his securities. A copy of said bond is herewith exhibited marked B. Your Oratrix further represents that about the 14th of October 1846 the said George Martin proceeded to sell so many of the slaves of the testator as he supposed necessary for the payment of the debts of the estate. Your Oratrix herewith files as an exhibit marked C. The account of sales made upon that occasion. The Executor himself became the purchaser of three of the slaves, some time in the summer of 1847. The said George Martin died intestate and his estate has been since committed to the hands of Richard Duke Sheriff of the County of Albemarle for administration, but your Oratrix is perfectly satisfied that the said Martin died wholly insolvent – A copy of the order committing said estate to the hands of the Sheriff is herewith filed marked D. And a certain Nathaniel Burnley has qualified as Admin de bonis non with the will annexed of your Oratrix’s husband, the said John W. Rhodes dec’d as will be seen by a copy of the order of the County Court of Albemarle herewith exhibited marked E.
Since the qualification of the said Nath’l Burnley, he has informed your Oratrix that the Executor George Martin cannot or for his beneift and what has become of the same: that Nathaniel Burnley the Admin de bonis non with the will annexed of John W Rhodes dec’d may be required to set out what debts are outstanding against the estate of his testator and to settle an account of his adm’n upon the same: that the account of Geo. Martin as Ex’r of John W. Rhodes dec’d may be settled in which the estate of said Rhodes shall be credited by the actual value of the slaves bought by Geo. Martin or by the amount bid for them by him as to the Court shall seem right and by all other assets with which he is properly chargeable: and if any of the parties desire it, that Richard Duke as Admin of Geo. Martin may under an account of his adm’n upon said Martins estate. And your Oratrix further prays that a Decree may be rendered against the said Richard Duke Adm as aforesaid and James O. Carr and Wm Pritchett sureties as aforesaid, requiring them to pay over to N. Burnley Admin de bonis non as aforesaid whatever the balance may be found due from the estate of the said Geo. Martin to the estate of the said Jno. W. Rhodes dec’d – or so much thereof as together with the assets in the hands of the said Burnley may be sufficient to pay off all the debts of the estate of Jno. W Rodes dec’d – and that such further decree may be made as will secure to the Oratrix for life to the legatees named in the will after her death the remainder of the personal estate of her dec’d husband and any other decree which to the Court may deem right and the nature of the case will justify.
Let Subpoenas go to Rives & Watson ??
…. by Consent of the parties by Council, this cause is revived against Richard T W Duke admin of the said Rich’d Duke dec’d – and it also appearing to the court that since the death of the said Richard Duke, the estate of the said George Martin dec’d has been committed to Thomas H Brown Sheriff of Albemarle for administration – by like consent this cause is revived against the said Thomas H Brown sheriff and admin as aforesaid – And by like consent, the court doth adjudge, order and decree that the said Rich’d T. W. Duke now of Richard Duke dec’d to render before one of the commissioners of this court an account of the said Richard Duke’s transactions as sheriff and admin of George Martin dec’d and that the said Thomas H Brown Sheriff & admin of aforesaid do render before the same commissioners an account of his administration of the estate of Geo Martin dec’d which accounts the court shall state (?), settle and repeal to the Court with any matters specially stated deemed pertinent by himself or which may be required by either of the parties to be so stated.
The answer of Manson Herndon and Frances his wife to a Bill of Complaint exhibited against them & others by Mary Rhodes in the Circuit Superior Court of Law and Chancery for the County of Albemarle.
These respondents saving all proper exceptions to said Bill for answer thereto, say, that it is true as alleged in said bill, that they are interested in the estate of Jno. W Rhodes dec’d and of course can have no objection to the account prayed for by said Bill.
And having fully answered, they pray to be hence dismissed with their reasonable costs (?) & c.
Manson Herndon
Frances Herndon
Albemarle County sct(?)
This day personally appeared before me a Justice of the Peace for said County, Manson Herndon part to the foregoing answer, who made oath that its allegations are true. Given under my hand this 6th day of April 1847/9 (?)
J. J. Bowcock J.P.
The answer of the children of Nancy Ahart who are infants and whose names are unknown and of the children of Hastin Collier who are also infants and their names unknown, by Ira Garrett then Guardian ad litem to the Bill of Complaint exhibited against them and others in the Circuit Superior Court of Law and Chancery for the County of Albemarle by Molly Rhodes.
These respondents —- all proper exceptions to said bill for answer thereto say that being infants they are incapable of protecting their interested in this suit and therefore submit themselves wholly to the care of the Court. And having answered they pray to be hence dismissed & c –
Ira Garrett
