LITIGATION: John and Susan JACKSON; 1843; Albemarle County, Virginia

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Bill of complaint; Susan Jackson vs. Boswell P. Yates, Admr. of John Jackson, et al.; Albemarle County Chancery Causes; Index #1843-030-CSC; Library of Virginia

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To the Hon. L.P. Thompson, Judge of the Circuit Supr. Court of Law & Chancery for the County of Albemarle.

Humbly complaining, respectfully sheweth unto the Court, Your Oratrix, Susan Jackson, that she is the Widow of John Jackson, who died in December 1841, leaving the following children, viz John Jackson, Thomas Jackson, William Jackson, Eliza Jackson, Emily Jackson, Joel Jackson, Nancy Thoms late Nancy Jackson, the wife of Smithen Thoms, Ann Tomlin late Ann Jackson, the wife of Thomas Tomlin, and Mary Bowler late Mary Jackson, the wife of Alexander Bowler. of these parties, Thomas Jackson, William Jackson, Joel Jackson, and Alexander Bowler and Mary his wife, reside without the limits of the Commonwealth.
The said John Jackson had also another son, named Richard Jackson, who died in the life time of his father, intestate, and leaving a Widow, Lucy Jackson and Seven children all of whom are under the age of 21 years, toWit Edward, Margaret, Eveline, Susan, Addison and Granville, and one other whose name is not known.
Your Oratrix represents that her husband having died intestate, a certain Boswell P Yates obtained from the County Court of Albemarle, letters of Administration upon his estate, and entered into bond in the penalty of $1600, with William Walters and Jas. H Yates as his Securities: all which will more fully appear by reference to the order of Court granting Admn. and to the official bond of the Admr., certified copies of which marked A and B, are herewith filed as parts of this bill. The Administrator soon after his qualification as Such, returned unto Court an Inventory of his Intestates personal estate, amounting to about $850: but altho' more than two years have elapsed, since the date of his qualification, no settlement of his A/cs has been reported, nor any order for a settlement obtained, so far as your Oratrix knows or believes.
The husband of your Oratrix, the said John Jackson, at the time of his death was seized of a tract of land lying in the County of Albemarle containing about 210 Acres, which he purchased from a certain Henry C Moore, at the price, your Oratrix believes of $2070: and for which he received and procured to be duly recorded, a Deed from the said Moore and Wife, dated the 8th of December 1838, of which a certified copy is herewith filed marked C, and asked to be taken as part of this bill. On the 11th of December 1838, by a Deed to which your Oratrix was not a party, her husband the said John Jackson conveyed the tract of land aforesaid to a certain Atwell Edge, in trust to secure to the said Henry C Moore the payment of so much of the purchase money therefor, as then remained unpaid, toWit (as stated in the deed) the Sum of $1270- 1/2 of which Sum fell due on the 1st of January 1840, the other on the 1st January 1841.
Your Oratrix avers that her said husband in his life time, had fully paid off the first of these instalments, and also from two to three Hundred Dollars of the last: and the residue of the Debt, she has been informed and believes and so charges has since been paid off by the said Boswell P Yates, Admr. as aforesaid, who applied to that purpose, the proceeds, (or such part thereof as was necessary) of the sale of the only slave owned by the intestate at the time of his death. As evidence that there is now nothing due under the said Trust Deed, your Oratrix begs leave to refer to the written statement to that effect, of the said Henry C Moore, which is herewith filed and marked D.
In this state of things, Your Oratrix is advised, that she was entitled immediately upon the death of her husband, to have one third part in value of the tract of land aforesaid, assigned to her as her dower in the real estate of her decd. husband; and that free of all incumbrance. But she was wholly ignorant of her rights, and no Dower has ever been assigned, or offered to be assigned to her, tho' all the heirs of her decd. husband, except the children of her decd. son Richard, were of lawful age, at the time of their fathers death. Your Oratrix it is true has been permitted to remain in possession of the Mansion house and curtilage, but all the rest of the land has continued to the present time, in possession of the said Boswell P Yates, who alone so far as your Oratrix knows or believes, has received the rents and profits arising therefrom. He did indeed promise to your Oratrix to account to her for one fourth part of the proceeds of the farm, but a few barrels of corn, not exceeding four, she thinks is all she has ever received. Whether the heirs or any of them have fared better, she does not know.
But the injustice done to your Oratrix will not stop with this recital, unless she can obtain the timely interference of this Court. In a late Number of the Jeffersonian Republican, a Newspaper published in the town of Charlottesville, the entire tract of land aforesaid, is advertised to be sold on the 4th day of January 1844, by Boswell P Yates and Thomas Jackson, Commissioners appointed for that purpose by a Decree of the County Court of Albemarle: and what especially amazed your Oratrix was the Statement in the Advertisement that the sale would be for Cash as to so much of the purchase money, as remains due and unpaid, under the Trust Deed to Henry C Moore! Your Oratrix begs leave to refer to a copy of the Advertisement cut from the paper aforesaid, which is herewith exhibited.
Your Oratrix has of course caused an examination to be made into the proceedings which have been had in the County Court, in reference to the land in question, and she finds them of such a character as to leave her wholly in doubt, as to whom or what, to attribute them. On the hearing of this cause, she asks that the original papers in this County Court Suit, may be read. The bill was filed and all the answers presented, and a Decree of sale was obtained, at November Court 1842. The Plaintiff is Thomas Jackson, who tho' a son of the husband of your Oratrix, John Jackson decd., is styled in the Bill a son of Richard Jackson Sr.: a person wholly unknown to your Oratrix: and the same error is made in stating the paternity of all the rest of the children of John Jackson decd., who are made Defendants. John Jackson indeed is not noticed in the Bill: the land is said to have belonged to Richard Jackson Sr., and Richard Jackson Jr; the former is represented as leaving a widow named Lucy, and the latter as leaving one named Susan. Your Oratrix mentions these facts for the purpose of Sustaining the presumption that an improper and unwarrantable use has been made of the name of Thomas Jackson, as well as of other parties in order to obtain a Decree for the sale of the land aforesaid: not by Counsel, but by some one who is unjustifiably seeking such sale. No allusion whatever, either in the Pleadings or in the Decree, is made to any right of Dower. The Bill alleges about $400 to be due under the Trust Deed, and the Decree directs the Commrs to sell the land, to collect the money, to convey to the purchaser, to pay the $400 to Moore, and to make a Report to Court. Among the various answers filed is one purporting to be that of the Widow of John Jackson, (tho' no such party is made Defendant) and it is signed "Susan Jackson." Your Oratrix however avers that it is not her signature, nor did she ever authorize any one to sign such a paper for her: at least she never did so knowingly: And she declares moreover that to the best of her knowledge and belief, she never heard of the proceedings in the County Court, until after she had seen the advertisement of the sale under the Decree.
Your Oratrix is advised therefore, that this whole proceeding as to her is a Nullity: that she is now entitled to have her Dower assigned her in the land aforesaid, which she avers, belonged wholly and solely to her late husband; that if the said Yates has paid off the balance due under the Deed of Trust, he has made the payment as Admr., and has only done that which your Oratrix had a right to require him to do: to Wit, to apply the personal estate to the redemption of the realty, unless prevented from so doing, by claims upon the personal fund, of a higher dignity: And such your Oratrix avers did not, nor do they now, exist. And on the other hand, if she is mistaken in Supposing that the Trust Deed has been entirely satisfied, she is advised that it is her right to call upon the Admr., if the state of the assets in his hands or which ought to be there, will allow of it, to apply them to that purpose. She is advised moreover that she is entitled to at least a portion of the rents & profits of the land aforesaid, from the death of her husband to the present time; if indeed she be not entitled, under the act of Assembly concerning Dower, of which she claims the full benefit, to the whole of said rents and profits. In addition to all which, she is advertised [sic] that she is entitled to one third of any Surplus of the personal estate of her decd. husband, remaining after the payment of his lawful debts and the legal expenses of administration.
In Consideration of all which Your Oratrix prays that the said Boswell P Yates Admr. as aforesaid and his Sureties Wm. Walters and James H Yates, the said Boswell Yates as agent of the Widow and heirs of John Jackson decd. in receiving the rents and profits of their land aforesaid, the said Boswell P Yates and Thomas Jackson Commissioners as aforesaid, the said Henry C Moore and Atwell Edge, the said John Jackson, Thomas Jackson, William Jackson, Eliza Jackson, Emily Jackson, Joel Jackson, Smithen Thoms and Nancy his wife, Thomas Tomlin and Ann his wife, Alexander Bowler and Mary his wife; and the widow and children of Richard Jackson decd., may be made Defendants to this bill and required to answer the allegations thereof, (the said Boswell P Yates in his various capacities on oath) in as full and ample a manner as tho' they were all specially interrogated in reference thereto: the infants answering by a Guardian ad litem to be appointed by the Court for that purpose, and the adults in proper person: That said Boswell P Yates may make a full and true discovery of all his acts as Admr.; and required to settle his A/cs as such; that he may also be required truly to exhibit and settle his A/cs as agent as aforesaid; that as Admr. he may say whether he has not fully paid off the debt due under the Deed of Trust aforesaid, and if so, by whom and for what purpose a sale of the Tract of land aforesaid, has been sought with a view to apply any part of the proceeds to said Deed: that the said Carter Moore may say whether the lien aforesaid has not been wholly extinguished, if so, when and by whom and in what way.- And your Oratrix further prays that she may have her dower assigned her in the whole of the land aforesaid, by Commissioners appointed for that purpose: and that to that end, the said Boswell P Yates, and Thomas Jackson and all other persons may be enjoined from proceeding to sell the land aforesaid, or any part thereof, under the Decree of the County Court aforesaid, or under any other pretext whatever, until Dower in the Same shall have been assigned to your Oratrix. And if the incumbrance on said land has not been fully paid off, she prays that the Admr. aforesaid, out of the personal assets of his intestate, may be required to redeem said land; and that the said Atwell Edge Trustee as aforesaid, may be required to execute the necessary & proper release. She moreover prays that the said Boswell P Yates, may be required and decreed to pay to her whatever rents and profits, accruing from said land, and for which he is accountable, she may be entitled to; and that he and his Securities aforesaid in his administration bond, may be decreed to pay her whatever, if any thing, may be due her from the personal estate of her decd. husband. Your Oratrix further represents that the said Boswell P Yates, the Same year that John Jackson died, had purchased of said John his crop of wheat, for which she believes he never paid. Nor did he in his Inventory take any notice of this debt due from himself. She therefore prays that said Yates may be required to Say how much wheat he purchased and at what price, and that he may account for the same in the Settlement of his Admr. a/c. And she asks in general terms, that the Court will grant whatever other relief, she may seem entitled to in the premises, according to the principles of equity and good conscience.
Wood & Watson

Albemarle County to Wit. This day appeared before me a Justice of the Peace for said County, Susan Jackson who made [oath] that the allegations of the foregoing bill, so far as they are derived from her own knowledge are true; and so far as derived from the information of others she believes them to be true: with this modification however: she says that she believes her son Richard Jackson did pay a portion of the purchase money for the land. How much she does not know: and that she wishes justice done to her family in respect to what he paid; and that Mr Moore can tell how much. Given under my hand this 21st. day of December 1843. [signed] Jno R. Jones [or Jno R. Tombs]

[The following statement appears on the back of the bill of complaint:]

December 23, 1843.
Injunction awarded according to the prayer of the bill: Upon plaintiff or some one for her entering into bond with sufficient security payable to the Defts in the penalty of $150- and conditiond for the payment of Costs and damages in case the Injunction shall be dissolved
Incas. P. Thompson [or Lncas. P. Thompson]

[The file of this case contains no other pleadings, and no decree.]