Hessibah Curtis etc. Vs John Guinn etc.; Culpeper County, Virginia

Hessibah Curtis etc. Vs John Guinn etc.; Culpeper County, Virginia;

The complete court file can be found online at Library of Virginia, Chancery Records Index No. 1845-021; http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=047-1845-021

Basically the heirs and devises of Benjamin Guinn asked the court to tell them who gets how much, because Benjamin's widow had died after outliving her husband by 20 years, and two of his five children had died as well. Benjamin's will instructs his executors to sell off all his property after Sarah (his wife) died and divide it among his surviving children and the lawful issue of any children who have died. Son Joshua died without marrying and son Abiah left 10 children. To make it more complicated yet, some of Abiah's children sold or borrowed against their shares of grandfather's estate. The family just wanted someone to figure it all out for them, and the court appointed commissioners to do just that.

Benjamin Guinn's Will

In the name of God amen, I, Benjamin of the County of Culpeper and State of Virginia being weak in body and infirm from old age but of perfect mind and disposing memory, calling in mind the uncertaintly of life, do make this my last will and testament in manner and form following to wit

First, It is my will and desire that ll my just debts and funeral expenses be first paid out of my estate, and that all the residue of my estate be kept together, and the profits thereof be enjoyed, and used by my beloved wife Sarah Guinn during her natural life as she may think proper to direct.

Secondly, I will and bequeath the tract of land on which I live consisting of the tract purchased of Garntt, a lot purchased of Nimrod Long and a small tract purchased of Marshall Petty in all containing about one hundred and eighty eight acres, two hundred acres of my flat ground, tract of land purchased of Josef Rossen and an equal part of my personal estate to Josua Guinn after the death of my said wife, Sarah Guinn, during his natural life, but if my said son Joshua shall marry and have lawful issue then and in that case it is my will and desire that all the above estate willed to him during life shall descend to such issue and their heirs and assigns forever.

Thirdly, I will and bequeath to my son Abiah Guinn after the death of my said wife the fields lying on the main road near Larkin Rosson, which I purchased of John scott containing about one hundred and eighteen acres and one hundred acres of land in the flat grounds, adjoining his land on the said flat ground to him and heirs forever. Fourthly, I will and bequeath to my son John Guinn one negro girl Milly, which he has had in possession several years and her increase forever and six hundred dollars to be paid him after the death of my said whife to him and his heirs forever.

Fifthly, I will and bequeath to my daughter Hepesba Curtis one negro girl Mary which she has had in possession for several years, and increase forever, and having advanced to my said daughter three hundred and eighty dollars heretofore, it is my wil that she shall receive out of my estate at the death of my said wife four hundred and twenty dollars more.

Sixthly, I will and bequeath to my son John Guinn in trust for my daughter Polly Eldridge three hundred dollars to be received by said John Guinn out of my estate after the death of my said wife, and by him applied to the support of my said daughter Polly from time to time as her necessities may require, and at her death, the residue if any to be divided equally among her living children.

Seventhly, it is my will and desire that at the death of said wife that all my estate both near and personal of what kind soever not herein before specially written or disposed of shall be sold and the money from the sale thereof be equally divided between my five children before named or legal representatives to wit Joshua, Abiah, John, Hepseba and Polly.

Eightly, It is my will and desire that if my son Joshua Guinn should die without lawful issue that all the estate herein before devised to him during life be equally divided between my four remaining children or their legal representatives, their heirs and assigns forever.

Lastly, I do hereby nominate, constitute and appoint my friend John W. Marshall and my sons Abiah and John Guinn executors to this my last will and testament hereby revoking all other wills by me made. In witness where of I have herewith set my hand and seal this 21st day of March 1829. Benjamin Guinn, LS

The foregoing last will and testament of Benjamin Guinn was signed, sealed , published and declared as and for his last will and testament and subscribed by us as witnesses at the request and in the presence of him. Jeremiah Strother James Collins Henderson Guinn John T. Petty Nimrod Brown

Court Appointed Commissioners Sort It All Out

2 November 1842 The court appointed a commissioner to sort out the mess.

23 April 1844 The commissioner reported he had a notice published for 4 weeks asking for all claims on the estate be made by 10 o’clock AM 13 January 1845. He then reported, “I find that John Guinn the executor of Benjamin Guinn has made no settlements of his account under order of the County Court of Culpeper. The pages 4&5 of this report will be found a statement of his account as executor of Ben Guinn showing a balance due the estate on the 31st day of December 842 of $10606.53). The charges are generally supported by paper vouchers except a charge for whiskey furnished at the sale and a charge of $29.25 made by the executor for gathering the oath of ? of ? of 1841. The last is supported by a certificate of T. Guinn & Mary Eldridge two persons interested in the estate and borh are verified by the affidavit of the exer. Upon this evidence they are allowed. The land devised by Ben Guinn to his son Joshua upon a survey was found to contain 476 3/4 acres. It was sold on account of twelve months for $9.05 per acre amounting to three thousand seven hundred and seventy two dollars and fifty eight cents $4771.58. The sale was made on the 4th day of Octoer 1841. All which is respectfull admitted. John E. Grace Commissioner, Sup. Ct. Culpeper"

Distribution of Benjamin Guinn's Estate

22 January 1845 Court ordered distribution of the estate of Benjamin Guinn as follows (2011 value in parenthesis) Surplus of B. Guinn estate eligible for distribution $5514.95 ($162,205.290

Expenses of $185.22 reduce it to $5329.73 to be divided in fifth (1/5 to each of the five children). Joshua Guinn, deceased’s estate (it received 1/5 of Benjamin's estate), was divided among Benjamin’s three surviving children (each getting 1/4), and the 10 children of Abiah sharing the final 1/4.

Other legatees signing receipts of money: Wesley Hill, James Collins, spouses of Abiah's daughters.

There are detailed statements of the monies due each heir, accounting for all funds advanced to them or costs they paid. There are also signed and dated receipts from each party who received money. Based on these receipts, Hepsibah and Elijah Curtis had the following children: Henry B., John J., Churchill, Benjamin W.

Disposition of Joshua Guinn's Estate

Among the documents is one dated 16 January 1845 recording the sale of the property inheirited by Joshua Guinn from his father’s estate (Joshua was son of Benjamin Guinn). The land was sold for the sum of $3771.58 (2011 Equivalent $110,928.82). It was collected by John Guinn and the court decreed it be divided into four lots and paid as follows:

1 lot to Hepsheba Curtis; 1 to Peyton R. Eldridge and Polly, his wife; 1 lot to be retained by John Guinn as one of the heirs; 1 lot to be divided equally among the children of Abiah Guinn, dec’d: a) James Collins and Matilda his wife; b) Henderson Guinn; c) Milton Guin; d) Phares Guinn; e) Abiah Guinn; f) Tandy W. Guinn; g) Wesley Hill and Sarah E. Hill his wife; h Alfred Guinn; i) Abraham Guinn; j) Benjamin W. Guinn. The children of Abiah are always listed in this order, so one can assume this is the birth order.

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Trust Fund for Mary Guinn Eldridge

Mary Guinn, daughter of Benjamin, and her husband Peyton R. Eldridge and their family moved to Kentucky between 1810 and 1820. Her share of her father's estate was left in trust with John Guinn to manage for her, and was the subject of another lengthy court case in the 1870's (James Paton & wife etc. Vs Exr of John C. Green etc.; Culpeper County, Virginia; Library of Virginia Chancery Records Index No. 1873-014. The whole file is online at http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=047-1873-014)