I love reading the old documents and deciphering the quirks in the fussy old handwriting, however I suspect not everyone finds it to be fun. So, I’m posting transcriptions of the key documents from my last post.
The biggest nugget in these documents is revealed by Samuel in his answer to Frances Pryor’s complaint. He reveals that Frances’ deceased husband, Capt. Samuel, was his uncle. This means that Capt. Samuel was William (married to Sarah Wood)’s brother.
WILLIAM SMITH AND WIFE
VS.
SAMUEL PRYOR, ETC.
FILED IN GOOCHLAND COUNTY, VIRGINIA
FILED 1785
ORIGINAL LOCATED AT THE LIBRARY OF VIRGINA
LINK:
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=075-1798-002
Transcription Notes: The original document is damaged on each edge, so words are lost. Where words are lost I have used — to indicate what is unreadable.Humbly complaining — unto your worship your orator and oratrix
William Smith and Sarah his wife. That in the month of May 1777
William Pryor father to your oratirix departed this — — first made his last will and testament (thereby among other –) devising to your oratrix the one fifth of six negros to be chosen by
Sarah the relict of the said William out of his — said William’s whole estate after this and Sarah’s death. — — Sarah departed this life on or about the day of — — persons were appointed by your worshipful Court — your oratrix her proportion of the said slaves who — — said purpose but not finishing the said business on —
Samuel Pryor took upon himself the power and authority of — allotment to your oratrix pretending that his own act was the act and dec’d of the said Wm(?) so appointed: That your oratrix –fiding in and depending on the said Samuel received a Negro – as her property who has since come to the possession of your orator William by his intermarriage with your oratrix the said slave being infirm your orator and oratrix think — value than their proportion of the said slaves. That said dec’d by another Clause of his said will divided — oratirx a like proportion of the res– of his — to be allotted to your oratrix immediately on the said — death by assignment in Rund?: That the said — the said
Samuel,
John, and
William Pryor and the
— ?Fleming executors of his last will and testament — -alone has taken upon himself the burthen of executor of the said will but has failed to make a division as — by his testators last will and testament. That the said testators — debts due him to considerable amount at his death — crop of grain and tobacco was made on the testors —the year of his death a proportion of — fifth of which your orator and oratrix are entitled to under the residuary clause aforesaid, the said Testator having provided another fund for the payment of his debts — orator and oratrix further show that hey have often said? to the said Samuel in a friendly way to settle adjust the aforesaid promises without a suit and received for answer that he, the said Samuel would come to any settlement til thereto by law compelled– which actings and doings are contrary to equity and — cons– and manifestly tend to injury and opnry? — orator intended consideration where of and for — your orator is without remedy in the pr– the strict rules of the common law and commonly believed in Chancery where fraud or dit–e — performances incurred and justice most amply ad– to the end therefrom that the said Samuel may — singular the promises on his corporal — — name were again to be repeated and interrogates respectfully that he may declare whether the said — did not deport their life about the time of — first made his last will and testament in — ofrm aforesaid? whether your oratrix was not entitled one fifth or to what their proportion of six slaves and claim of by Sarah as aforesaid? whether and —division and by whom her turn been in — of tha- slaves? Was then not debts to a considerable — due to the said de–nt at his death and to what any then not or crop of tobacco and grain made on — the year of the testators death or wh– made and how much? Has a division of the — made agreeable to t he last will and testament — and wherefore — — not been made? [Has]not a fund for the payment of his debt — the said defendant independent of debts du — made in the plantation the year of his — that your worship may made such further — in the promises as are agreeable to equity and god. — may it please your worship to — orator and oratrix a writ for subpoenas.
And in the same Chancery Case file.
WILLIAM SMITH AND WIFE
VS.
SAMUEL PRYOR, ETC.
FILED IN GOOCHLAND COUNTY, VIRGINIA
FILED 1785
ORIGINAL LOCATED AT THE LIBRARY OF VIRGINA
LINK:
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=075-1798-002
Amendment to the original complaint?To the worshipful court of Goochland County in Chancery. Humbly complaining shew unto your worships your orator and oratrix
William Smith and Sarah his wife That some time about the (blank) day of (blank) 17(blank)
John Pryor brother to your Oratrix departed this life having as your orator and oratrix are informed & are assured first made his last will and Testament thereby devising and bequeathing that his whole estate real & personal be equally divided among his brothers and sisters. That the said will fell into the hands of
Samuel Pryor another brother of your Oratrix as the said Samuel has been often heard to declare while he the said Samuel supposed that some younger brother or younger brother’s son was heir at Law to the said John and when the said Samuel came to learn that he himself was the legal heir & was entitled to more exclusive of then under the said will he the said Samuel began to prevaricate & say there was a Will executed by the said John but the was illegal & —cupated as being signed by only two witnesses: your orators further shew that the said John also dyed (sic) possessed of a personal estate to some amount to one fifth of which your Orator and Oratrix (they having intermarried) are entitled under the act of Distributions. That the said Samuel — kept posession of the said estate ever since the death of the said John without any legal steps taken ’til your worship’s
April Court 1785 when your Orator moving that the administration should be granted in due course of law the said Samuel as a further shift to delay your orator & Oratrix of their just rights first in his claim to the administration as real of –; That the said Samuel previous to taking out letter of administration had actually sold some of the slaves and other property. All which actings and doings are contrary to Equity & good conscience & manifestly tend to injure & oppress your orator. In tender consideration whereof & for as much as your Orator is without remedy in the premises at common law & is only relievable in Equity where deeds cancelled or concealed are compelled to be given up the contents discovered & established & specifically performed & Justice most amply administered. To the end therefore that the said Samuel may answer all …
… This respondent further shews that the said John Pryor died possessed of a tract of land left him by the Will of his father William Pryor and to which…
The following is the complaint filed by Frances Pryor and answer to the complaint made by Samuel Pryor, executor of William Pryor’s estate.
FRANCES PRYOR’S COMPLAINT
FRANCES PRYOR
VS.
WILLIAM PRYOR, ETC.
FILED IN GOOCHLAND COUNTY, VIRGINIA
FILED c.1779
ORIGINAL LOCATED AT THE LIBRARY OF VIRGINA
LINK: http:
//www.lva.virginia.gov/chancery/full_case_detail.asp?CFN=075-1786-006#imgTo the Worshipful court of Goochland County in Chancery sitting humbly complaining.
Sheweth unto your worships your oratrix Frances Pryor widow and relict of Samuel Pryor dec’d that your oratrix dec’d husband being — possessed in her own right of sundry land and slaves, particularly of an hundred acres of land in the County of Goochland and four hundred and eighty four acres in the County of Dinwiddie and of the following slaves to wit. (blank) departed this life on about the (blank) day of (blank) of 176(blank) leaving his Heir at law (blank) Pryor an infant under the age of twenty one years. That William Pryor another defendant hereto took upon himself the admin. of her said husband’s estate in consequence possessed himself of the slaves aforesaid and all his personal estate that your oratrix by the death of her said Husband became entitled to her Dower in all his land and likewise in all his slaves and personal Estate after payment of his debts. That the debts of her said husband being as she is informed paid, your oratrix well hoped to have her dower in his Estate — and assigned without further trouble. But now said it is, may it please said Worships, that he said defendant confederating together to your said Oratrix refuse to assign her dower either in her deceased husband’s land or slaves. in under consideration whereof and to the end that the said defendants upon their corporal (several words missing due to hole in paper) answer make to all (several words missing due to hole in paper) in repeated and interrogated that more –ally that they may set forth of what land and slaves and of the personal Estate to what amount …
(Note: the handwriting becomes unreadable at the end of the document)
SAMUEL PRYOR’S ANSWER
FRANCES PRYOR
VS.
WILLIAM PRYOR, ETC.
FILED IN GOOCHLAND COUNTY, VIRGINIA
FILED c.1779
ORIGINAL LOCATED AT THE LIBRARY OF VIRGINA
LINK: http:
//www.lva.virginia.gov/chancery/full_case_detail.asp?CFN=075-1786-006#imgThe answer of Samuel Pryor executor of William Pryor deceased who was administrator of Samuel Pryor deceased to the bill of complaint exhibited against him by Frances Pryor, widow and relict of the said Samuel Pryor deceased complainant.This defendant saving to himself all benefit of exception to the complaints said bill answer thereto or to so much thereof as he is advised is material for him to answer unto, he answereth and saith that he believes his uncle said Samuel Pryor deceased died seized and possessed of the land in the bill mentioned and sundry slaves an inventory of which is recorded in Goochland court, and to which this defendant for greater certainty refers and prays the same may be taken as part of this his answer. He admits that the said
William Pryor deceased took upon himself the administration of the said
Samuel Pryor’s estate and by virtue there of possessed himself of the same. That the said William Pryor, the defendant’s father, in the month of (blank) 177(blank) departed this life having duly published his last will and testament and there of appointed this defendant his executor who took upon himself the burthen and execution of the same, and by virtue thereof possessed himself of so much of the said Samuel Pryor’s estate as he could find, consisting of (blank) slaves. That the said William Pryor in his lifetime paid the debts of the said Samuel Pryor to a large amount, but left many of them unpaid. That this defendant since the death of the said William Pryor hath paid of the said Samuel Pryor’s debts to the amount of (blank) on account of which he is ready to exhibit when called upon, and hath now in his possession (blank) slaves belonging to the said estate to wit (blank). This defendant is willing that proper persons may be appointed to lay off and assign to the complainant her dower in the said land and slaves according to law. He denies all combination and hopes to be (illegible) with his costs and without what that (illegible).
Signed Samuel Pryor
Goochland.
Mr. Samuel Pryor came before me and made Oath that the above answer is true. Certified this 18th Oct. 1779
Signed Thomas T. Bates
How do I know that William Smith and wife Sally AND Frances were suing the same Samuel Pryor? One big clue is that Samuel used the same lawyer, Thomas Bates, to answer both suits.
Thomas Bates was the magistrate on BOTH suits.
