1785 Chancery Case - Robt Hicks Rives by Nath Heath &c vs Nath Rives - Wm Fox & w Patty

Introduction

Library of Virginia
Greensville County, Virginia
Chancery Court Records 1792-001

Transcript

To the worshipful court of Greenesville County sitting in chancery
Humbly complaining sheweth unto your worships your orator Robert Hicks Rives by Nath and Heath his guardian and next friend and who is eldest son and heirs at law of Wm Rives decd and heirs of Urwin Rives decd the said William and Urwin together with Patty Fox and Nathaniel Rives being the children and residuary legatees of Robert Rives, late of the County of Prince George decd that the said Robert being seized and possessed of a considerable number of salves as of his own proper salves made his last will in writing dated the fourteenth day of april 1772 and then by amongst other legain(?) lent unto his loving wife Elizabeth Rives two Negroes Jamey and Hannah during her life or widow hood and without making any farther disposition proceeds in a residuary claim to give all the residue of his estate to be equally divided between his four children above named that Elizabeth Rives having departed this life and your orators father & his uncle Urwin also the two last having died since the testator Robert by which circumstance the part of the two last deceased as our orator he hath applied himself to William Fox and the said Patty his wife and also to Nathaniel Rives and requested them to make pact(?) of the slaves Jemmy and Hannah and the increase of Hannah to wit their children namely
But so it is may it please your worships that they (?) presendy that your orator is not int(?) to any part thereof and that the whole is to be divided between them and at sometime con(?) to make an equal division between your orator and the said defendants all which achj and doings of the said Wm Fox and Patty his wife and Nath Rives and (?) to equaly and good conscience? and tend to the injury and oppr? of your orator. To the end that they may upon their corporal oaths full true and perfect answer make to all and singular the allegation of this bill as fully and particularly as if the same was herein again repeated and inrenegated? and that your worships will decree & appoint proper persons to make such division between your orator and the defendants as shall be agreeable to law May it please your worships
&c &c &c

The Answer of Wm Fox and Patty his wife and Nathaniel Rives to the bill of complaint exhibited against them by Robt Hicks Rives complainent

These defendants for answer say that it is true that the said Robt Rives decd made (?) will (?) in the bill is alledged that the complt Robt is heir at law as he hath set forth and if it is his right to have one half of the said slaves they hath no objection to proper persons being appointed to lay off the same

The Will of Robert Rives was included in the case.

The residuary clause in this will includes two slaves James and Hannah, & Hannah has had issue three children - William Rieves, one of the legatees, died after the testator leaving issue a son, Robt Hix Rives - Urwin Rives died also after the testator, without issue - Neither of them made any disposition of their interest in these slaves - And the question is how they are to be divided by the extrs at this day - To which I answer that Patty Fox & Nath Rives are intitled to a 4th part each - And that Robt Hix Rieves will take the residue as heir at law to both his father William & his uncle Urwin
G. Briggs
Sussex CotHo Apl 21. 1785

Source

Library of Virginia - Chancery Court Cases