Court Case: The William Chowning Family

Churchill Blakey, Henry Chowning etc., Ann Chowning Taylor by etc., Catharine Taylor by etc. Vs. Admr. of William Bristow, Middlesex County, Virginia, Library of Virginia Chancery Records Index No. 1793-006, Digital images online at the Library of Virginia website

http://www.lva.virginia.gov/chancery/full_case_detail.asp?CFN=119-1793-006#img

The Complaint

To the worshipful the Justices of Mid sitting in Chancery humbly complaining show unto your worships your oratories Caharine Taylor & Ann Chowning Taylor, infants under the age of twenty-one years, the grandchildren & ? of William Chowning deceased by Henry Chowning and Churchill Blakely, their next friends, that the foresail William Chowning since deceased died on or about the 8th day of June in the year of our Lord 1784 duly make & publish his last will and testament in writing and there by devised amongst other things as following "I give to my there grand children Catherine Taylor, Ann Chowning Taylor & John Bristow each of them forty pounds cur. money." & after some other bequests the said Testator further devises as follows, twit" all the rest of my estate of nature & quality whatever I give one sixth part to be equally divided amongst my grandchildren Catharine Taylor, Ann Chowning Taylor & John Bristow & their heirs. But if either of them should die without a living issue then their parts of my estate to be equally divided amongst the survivors" & of the said last will & testament did nominate and appoint his son Henry Chowning & his sons-in-law John & Churchill Blakey ? & shortly thereafter died without altering or reworking the same, which last will & testament was by the said John Chowning & Churchill Blakey, two the ? therein named on the (blank) day of July 1786 duly proved in the county court of Midd by three of the witnesses subour? the same who took upon themselves the burden & securities thereof, to which said last will and testament your oratories for more certainly have to refer & that the same one be taken as bond of this their bill; and your oratorio further shout that the said executors in compliance of the will aforesaid paid to William Bristow since deceased who was the Father & guardian of the said heir John Bristow one of the grandchildren of said testator, the legacy of £40, also the sum of £18.8.81/2 as the sum of John Bristow proportion of the one-sixth part of the rest of the money personal estate of the testator. And your oratories further show that on the ? of the negro estate of the said testator agreeable to the will aforesaid one negro woman by the name Synthia valued and appraised to the sum of £45 fell to the lot or portion of your oratorio & the said Jno. Bristow as devises of the one sixth part of the testator estate aforesaid and of the appraised value each being entitled to the sum of £15 the said William Bristow further & guardian aforesaid of the said John Bristow on the month of August in the year of our Lord of 86 took unto his possession the negro Synthia aforesaid, he as guardian aforesaid to be accountable to your oratorio for the sum of 30 to be divided between them and your oratorio, further show that the said John Bristow the devisee and grandchild of the said testator departed this life on the fifteenth of March the year of our Lord 1787 being a minor of the age of about ten years unmarried and without issue;

Will of William Chowning

In the name of God Amen. I william Chowning of Christ Church parish in the County of Middlesex calling to mind the uncertainty of life and the certainty of death, do make this my last will and testament revoking all wills by me before made. My will and desire is that my just debts will be first paie. I give to my three grand children Catharine Taylor, Ann Chowning Taylor & John Bristow, each of them forty pounds current money. My will and devise is to give the eighteen negroes I delivered up to be divided amongst my children on December one thousand seven hundred and eighty three by lot, that is to say–Isbell Grace, Armsted, Dick to my son Henry Cowning and his heirs. Siller, Harry, Alce they and their increase from the above date to my daughter Elizabeth and her heirs. Lilly, Kitt, May, and their increase from the above date to my daughter Ann and her heirs. Molly, Beverly, Silvey and Delcey thuy and their increase from the above date to my daughter Catharine and her Heirs. Catie, Amy, Sally and Abram to my daughter Lucy & her heirs with the increase from the above date one thousand seven hundred and eighty thre. But if either of my above mentioned daughters should die withoug a living issue, then their parts of the above mentioned Negroes to be equally divided amongst my surviviing daughters or their heirs above mentioned. I lend to my beloved wife during her natural life one half of my land including my building plantation and at her death I give the said land to my son Henry Chowning and his heirs forever. All the rest of lands I give to my son Henry, and his heirs for ever. I lend to my beloved wife during her natural live eight her choice of my remaining negroes, ten her choice of my cattle, eight her choice of my sheep, ten her choice of my hogs, two her choice of my feather beds and furniture, her choice of my horses and side saddle, I likewise give to my beloved wife all the provisions may be in my house at my death, all my crop that may be growing on the land at my death and at her death I give the negroes she may choose and the increase they may have whilest in her possession and the other things I lent my wife except the land which I give my son Henry I give to be equally divided amongst my above mentioned daughters adn their heirs. But if either of them should die without leaving issue then their parts to equally divided amongst the survivors or their heirs. All the rest of my estate of natural and quality whatever I give one sixth part to be equally divided amongst my three grand children Catharine Taylor, Ann Chowning Taylor and Jon Bristow and their heirs, but if either of them should die without a lawful issue then their parts of my estate be equally dived amongst the survivors But if all three of them should die withoug a living issue then their parts of my estate be equally divided amongst the above mentioned daughters or their heirs. The other five parts to be equally divided amongst my son Henry, my daughter Elizabeth, my daughter Ann, my daughter Catherine, my daughter Lucy or their heirs. But if either of my daughters should die without leaving issue & heirs to be divided amonst the survivors or their heirs. I appoint my son Henry Chowning my son=in-law John, my son-in-law Churchill Blakey executors of this my last will & as witness my hand and seal this eight day of June one thousand seven hundred and eighty four. Wm. Chowning Witnesses to my hand and seal to my last will & testament: Thomas Blake, Thomas Chowning, Robert Chowning At a court held for Middlesex County on Monday 26 June 1786 this last will and testament was presenteed in court by John Chowning and Churchll Bakey, two of the executors therein named wo made oath according to law, and the same was proved by the oaths of the witnesses thereto and ordered to be recorded and on the motion of the said executors certificates granted them for obtaining a probate in due form giving securety whereupon they with Maurice Smith Thomas Segar their securities entered into and acknowledged their bond in the penalty of five thousand pounds with condition according to law.