Person:John Vest (61)

Vest, John, Sr. died June 23rd, age 85, at his residence near Bunker's Hill in Bedford Co. Served in Revolutionary Army. The Lynchburg Virginian, July 16, 1835, p. 3, c. 5.

The case describes a dispute between John Vest and William Mead over a lease that originally went into effect in the Winter of 1791 which, according to Vest, was to be good for the his lifetime and the lives of two of his sons, namely John Vest. Jr. and Joshua Vest. Others mentioned in the case are William Vest and Edward Davidson, son-in-law of John Vest Sr. The case was not resolved until 1832.

State of Virginia County of Bedford S.S.
On this 25th day of February 1833 personally appeared in open Court before Sedwich McDavid, George Steptoe, William Leftwich Jr., and William Perry Gentleman Justices, the Court of Bedford County now sitting the same being a Court of record, John Vest a resident of the parish of Russel in the County aforesaid and State aforesaid aged Eighty two years who being first duly sworn doth on his oath make the following Declaration in order to obtain the benefit of the act of Congress passed June the 7th 1832. That he entered the service of the United States under the following named officers and served as herein stated. His register which he has seen and recollects but which is now mislaid states that he was born in the county of Powhatan in the State of Virginia in the year 1750: In the ninth year of his age his father moved with him into the County of Buckingham in said state where he lived about eleven years from thence he moved into the County now called Campbell then a part of the County of Bedford in said state where he resided till he became of age and lived there through the whole of the Revolutionary war. In 1789 he became a citizen of Bedford County in that part of of which now retains that name and has ever since & does now reside there by his calculation is now about Eighty two years six months and some days old. The first call of Militia from the said County of Campbell then a part of Bedford as aforesaid was to a tour of duty to the lead mines in Virginia to protect and guard the works from the Tories, Indians and a number of negroes that were taken in attempting to escape to Governor Dunmore from their masters who after they were so taken were sent to the lead mines and employed in digging of ore to make lead to carry on the war, but who had to be closely watched either the tories, Indians or negroes set fire to the furnace house and burnt four rafters in the roof before the fire could be extinguished but with great difficulty. This deponant and others saved the house and utensils. The same night a ferry boat and a large canoe which was used in bringing the oar [sic] from the other side was loosed from the landing set adrift and was no more found. In this Tour of duty he enlisted as a volunteer and thinks it was on the first day of August 1774 but if he is mistaken as to the date of the year he is quite certain it was same year that the battle was fought at the falls of the Ohio against the Indians. He served in the company commanded by Captain William Leftwich and Lieutenant Jonathan Richardson from the said County of Bedford now Campbell. From the rendezvous they marched through the County now called Franklin to the County in which the lead mines are situated then called Fincastle now Wythe. In their march through the mountains they were divided and a part sent to the salt petre works and he was one of these he is at a loss to tell how long they remained at at the salt petre works but thinks it was about a month. from thence they were called to the lead mines under the circumstances above stated where they served the balance of the tour. He ever did and does now believe they served three months fully and not less than that period & he is and old man and ere long will stand before the judge of quick and dead to answer for the deeds done in the body and therefore cannot swear to a punctilio to gain a day if he were to lose a month They were regularly relieved by another unit of men. On returning home he remembers to have met Capn. Thomas Buford and his company from Bedford, then on his way out to the falls of Ohio to the Indians and that they lay at the Big Lick in the now County of Botetourt on the same night. This was in the month of October or November the same month in which he was discharged and returned home. The second time he was called to go into service he was discharged as were the rest of the Company also without marching from the place of Rendezvous where they had met with all things proposed to march and were told that they had or would have credit for a full tour of duty of three months he supposes as if they had actually served it and such was the common understanding in those days. This call was to go to the Eastern shores of Virginia. He remembers that Welligton Talbot the forage master bought a load of flour for the use of the army, and the whole was condemned on his hands by Colonal Jeremiah Early and Capn. John Clayton. It seems the enemy had left the place and the company after being from home three days at the Rendezvous as aforesaid were discharged. He was occasionally called out against the tories in the neighbourhood and remembers being on one tour of five days in hunting them at one time three days at another in guarding them and three days in waiting the call of Genl. Green.
He then again in the year 1778 judging from all the circumstances he can recollect, while Patrick Henry was Governor of Virginia in the latter part of the year but the month or day he cannot tell, he marched from Campbell County, then Bedford as aforesaid under the command of Capn. John Talbot, Lieutenant Thomas Helms who was afterwards killed in the battle of Guilford and Ensign Arthur Moseley. The Company met at Hunters Tavern passed Charlotte Cumberland &c. The said Talbot was at that time a member of the Legislature and went after his company was discharged from the army into the house of Burgesses which was then sitting at Williamsburg. In this tour of duty he entered the service as a volunteer and marched under the aforesaid officers first to Williamsburg in Va. crossing James River at Richmond and Manchester passed through Henrico, New Kent, Hanover & remained at Williamsburg about six weeks as well as he can now remember Colo. Mason there had the command of the Regiment to which he was attached. From Williamsburg he was marched to York Town where his company was attached to the Regiment under the command of Colo. Lightfoot as well as he can remember at this distant day, He is unable to say how long he remained here but is satisfied it was untill he was regularly discharged and feels assured that the tour was one of not less that three months duration. he remembers that some of the men were tried at Williamsburg while he was there for burning and otherwise injuring the inclosure around park of Governor Henry. In this tour he was at York Town when the British vessels came in sight within the capes and cannonaded the american Row Gallies from about 9 OClock in the morning till near one hour by sun in the evening, it was said one of the enemies vessels was very much damaged. The land troops were drawn up in a line on the shore in view of the enemy, with as much display as possible having the Colours unfurled drums beating &c when after having anchored there for several days the enemy disappeared without endeavouring to effect a landing There was no doubt at the time that they would have landed but for the troops stationed at the place. For this tour of duty he received a written discharge but has lost or mislaid it and in fact he never expected after receiving it to want it again. He thinks the discharge was obtained by his father for him from Capn. Talbot some time after he returned from the Legislature of which he was a member as aforesaid. He recollects it was said that the discharge would have been obtained at the expiration of the service but for the hurry of the Captain to take his seat in the Legislature. In about a year after the expiration of this tour he was preparing to march again upon another to York Town, had all things ready for actual service knapsack baggage &c. and had left home in the said County of Campbell then Bedford as a militia man regularly drafted; when at the rendezvous of the militia at the head of Mallies Creek he got into conversation with Colo. James Callaway the commandant of the regiment and was told by him that if he would go and catch one William Carver a deserter from Colo. Washingtons core of horse and withal a noted Tory he would receive a discharge from the whole tour for which he had been drafted Colo. Washington had sent officers to Prince Edward Courthouse in Virginia authorised to advertise in the public Gazette the names of all deserters from his core and that if would come and deliver themselves up they should be pardoned for the offence of desertion which most if not all accepted but this celebrated Carver. This deponent understanding the proposition of the Colonel thus made to him he accepted it and did so with the assurance that if he caught Carver, delivered him to the officers at Prince Edward Courthouse aforesaid obtained a receipt for him and got Captain Heaths discharge who was Cap. of this deponents company he would be released from the full tour. He accepted the proposition at the time the more readily as he was in such a situation with his family that he could not readily leave home. Accordingly he went in pursuit of the said Carver as he had been requested and was fortunate enough to apprehend him. Then in pursuance of the instructions received delived [sic] him to the proper officers in Prince Edward County forty miles (he thinks, from where he apprehended him) obtained a receipt for him and then afterwards a discharge for the full tour (from Captain Heath) which he has also lost. On his return homeward he met the company of Captain Heath on their way down at Cub Creek in the County of Charlotte. This was toward the fall of the year he thinks or in the first part of the fall, at least he remembers that the surrender of Cornwallis took place soon after this and he should have been there also had he not have been discharged in the manner aforesaid. He has no documentary evidence by which to prove his services but he refers to the affidavits of John Hunter of County of Campbell and John Turner of the County of Bedford to prove his services to the lead mines and the tour to Williamsburg, York Town &c. under Captain Talbot each of three months duration. He has no testimony by which to prove his other services and there is no one living to whom he can have access to prove the same. he perhaps could do it if he was not too old and infirm to ride so far as he must necessarily to ascertain the facts. He has been unable to procure the certificate of a clergyman or the other individual as required by the act of congress simply because there is no one living in the neighbourhood that can testify to such a belief. This deponent having moved to Bedford in that part of it in which he now lives subsequent to any of his services as aforesaid renders it difficult to refer to any individual particularly as to the General belief in the neighbourhood. The distance is about 30 miles.
He makes the following answers to the interrogatories propounded by the war department
To the 1st Interrogatory, see body declaration for his answer
To the 2nd – The Same
To the 3d – The Same
To the 4th – The Same
To the 5th – The names of many of the officers am familiar with but few if any of the regular officers were ever with me that I now remember.
To the 6th Interrogatory – I did receive discharges for my services in each case I believe and I think they were given by my captain except where we were all discharged in a body then I did not, they are now lost
To the 7th Interrogatory see the body of the declaration for the names
The whole of his actual services will amount to not less than six months and eleven days and if he is paid for the other Tours where he was discharged as stated he would be entitled to pay for not less than 12 months. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state. Sworn to and subscribed the day and year aforesaid in open Court
John Vest

John Vest. 1 white male under 10; 1 white male 10-15; 1 white male 16-25; 1 white male 26-44; 1 white male 45+; 1 white female 10-15; 3 white females 16-25; 1 white female 45+; 1 slave.

John Vest. 1 white male 16-18; 2 white males 16-25; 2 white males 26-44; 1 white male 45+; 1 white female 26-44; 1 white female 45+; 1 female slave under 14; 1 female slave 26-44; 5 persons engaged in agriculture.

John Vest, Senior. 1 white male 5-9; 1 white male 20-29; 1 white male 50-59; 1 white male 70-79; 1 white female 5-9; 1 white female 10-14; 1 white female 20-29; 1 white female 70-79; 1 male slave under 10; 1 male slave 10-23; 1 female slave under 10; 2 female slaves 24-35.

November 23, 1835

To the worshipful the County Court of Bedford in Chancery sitting, -- The Bill of complaint of your orators and oratrices Edward Davidson and Nancy his wife, Samuel Harris and Rebecca his wife, Joseph Acton and Polly his wife, James Vest and Betty Cobb respectfully represent that accepting John Vest Sr., of the County of Bedford departed this life intestate possessed of a small estate consisting principally of six slaves, a small tract of land containing about fifty acres as is supposed and some other personal property which has been sold by his Administrator William Leftwich jr. according to the Act of Assembly in such cases made and provided: Your orators and oratrices represent that besides themselves there are three others distributus of the said decedant to wit John, Joshua and Willaim Vest who together with James Vest and your orators are the children and heirs of the said John Vest Sr. Your orators and oratrices respectfully representing that the said slaves and land cannot be divided among the distributus of the said decedants estate as the number of shares division(??) are greater than the number of slaves to be divided, that the quantity of land being small and of no great value cannot be divided and that there are no means by which a fair and equal division of the said slaves and land can be made among those who are entitled to the distribution thereof, said orators and oratrices believe and therefore charge that the balance of the said decedant's estate which is in the hands of his Administrator will be amply sufficient to pay all of the debts that are known to exist against the estate of the said intestate and that it will not be necessary to sell and portion of the slaves for that purpose; but as the same cannot be divided in kind or otherwise distrubuted among those entitled thereto your orators and oratrices pray that the said slaves and land of which the said John Vest died seized(??) be sold by a decree of this worshipful court upon such terms as to the court shall seem right and proper under the circumstances, and that the promises of the said sale be divided among your orators and oratrices and the others distributed according to their respective rights and the interest of each in the said slaves and the tract of land aforesaid. To which and being inchance(??) remedy at law and only as lienable(??) in a court of equity they pray that the aforesaid John Vest, Joshua Vest and William Vest together with William Leftwich jr. Administrator of the said John Vest sr., be made parties defendants to this suit and that they answer the several allegations herein set forth and grant to your orators and oratrices such other and further aid and relief as their case may acquire or equity dictate and as in duty be they will ever may be be.
Edward Davison for ?
Samuel Harris for ? and wife

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To the worshipful the County Court of Bedford in Chancery sitting, the joint answer of John Vest, of Joshua Vest and of William Vest to a Bill of complaint exhibited in this worshipful court against themselves and William Leftwich jr. Administrator of John Vest sr. dced. by Edward Davidson and Nancy his wife and others for answer to so much and to such parts thereas as they are advised it is material for them to answer say that they admit the charges as made in the bill and cannot on their part object to a sale of the land and slaves therein mentioned and that they cannot see any action made by which a division can be made among the distributus entititled to the same.
These respondents only ask that their shares of the proceeds of the sale of the said estate subject to distribution may be secured to their sender necessary and proper measures taken in the promises and now having fully answered denying all fraud they pray hence to be dismissed and as in duty they will ever pray be.
John Vest
Joshua Vest
William Vest

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To the worshipful the County Court of Bedford in Chancery sitting, the separate answer of William Leftwich jr. to a Bill of complaint exhibited agains himself and others in this worshipful court by Edward Davidson and others, for answer to so much and such parts thereof as he is advised it is material for him to answer, answer each and saith, that it is true that John Vest died possessed of the property in the bill mentioned, that this respondent qualified at the October time of this worshipful court as his Admin. and as such he has disposed of the greater part of the said decedents perishable property ?stark? etc., that he as Adm. of the said John Vest also holds possession of the slaves in the Bill mentioned the sale of which he cannot gainsay as the same will be necessary in order to effect a division among the distributees and this respondent of the estate that any part of them will be necessary for the payment of debts: in this houres?? he probably may be mistaken, and he therefore asks the court if a sale is decided so to order and direct that he may incur no liability in surrendering the said slaves to be sold, and now having fully answered he prays hence to be dismissed etc.
William Leftwich Jr.

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Davidson & wife vs. Vest et al,
This day this cause came on to be finally heard upon the the bill annus(??), the exceptions to the settlement of the administration accord not well as upon the repose of the Commissioner appointed to sell the land and slaves in the proceedings mentioned and was ?nagarnd? by counsel on coonsideration ???? and it appearing to the court that the whole proceeds of the salve have been accounted for to the parties inaccord? thereto, the said repart? of the 22nd day of April 1844, to which there is not ax? contrary is comprised, and the court doth from the adpradge? order and decree that the counts?? of this sale?? be equally apportioned among the parties distributer? plaintiffs and defendants then to and that the same be paid for them by the commissioner aforesaid out of ??? the proceeds of sail sale on any section? manns? in his hands as administrator of John Vest deceased.

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Bedford March Court 1844
Edward Davidson and Nancy his wife, Samuel Harris and Rebecca his wife, Joseph Acton and Polly his wife, James Vest and Betsy Cobb plffs
against
John Vest, Joshua Vest, William Vest and William Leftwich Jr. administrator of John Vest deceased...defendants

In Chancery

and the motion of Samuel Harris one of the plaintiffs to this suit it is ordered that William Leftwich Jr. the commissioner appointed by a decretal order of this court pronounced on the 23rd day of November 1835 to sell the land and slaves and the bill and proceedings mentioned be summoned to appear at the next court to shew cause if any he can why he should not be attached for contempt and failing to a make a report of his proceedings and pursuant of the decree above mentioned.
A ???
Teste
R. C. Mitchell BC

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In obedience to a decree of the county court of Bedford at Wm? Court 1834 at the suit of Davidson & others vs. Vest & others appointing the undersigned as counsel to sell the slaves and land belonging to the estate of John Vest decd. said on the 28th day of Dec. 1835 after advertising the same proceed to sell the slaves and land mentioned in said decree upon a audit? until the 20th Nov. 1836 to the following Persons to wit ...

Booker a negro man to Adam Banger? at the sum of $900.00
Mariah and her son Armirtion? (unsound), to Jno Vest $390.00
Polly a girl to John Anthony .... $495.00
Amanda to James W. Williams....$255.00
Lot land say? 50 acres to John Vest....$33.25
$2073.25

Which sum of twenty hundred seventy three dollars and twenty five cents has been ??? paid ??? and accounted for to the degniers? of the said John Vest after the payment of the expenses as directed by the said decree-- all of which is respectfully submitted to the court -- given under my hand this 22nd day of April 1844 ---
William Leftwich Jr. ???