Chancery Causes

Sukey Shiflet etc. vs. Bartlett Davis etc.
Orange Co. 1833
Source: Chancery Causes, LVA REEL NO. 686, Image No. 599, Index No. 1833-002
Submitted by: Wendy Mathias mathwendy27@gmail.com
Transcribed and annotated by The late Julia Crosswell

NOTE: Several of these documents are not dated. They have been placed in the most logical order. Page numbers have been added. [ ] Bracketed comments are mine. jc

Page1
Know all men by these presents that -- I Robert Davis¹ of the County of Albemarle and State of Virginia have made ordained, constituted and appointed and by these presents do make, ordain constitute and appoint, John C. Harrison² my True and lawful attorney, for me and in my name but to my use to ask, demand, sue for, recover and receive whatever monies may be due me, under a deed of gift from my Father William Davis³ from the estate of Lewis Davis Deceased, and upon payment of the said monies or any part thereof for me and in my name to give acquitances and discharge for the same, and the monies so by him received immediately thereupon to pay over to me or my representatives or to my order and further to do and execute all and every other lawful act & acts needfull for recovering receiving and obtaing of the said moneis or any part therof but to --- --- as aforesaid as full and as effectually to all intents and purposes, as if I were personally present. Hereby ratifying and confirming whatsoever my said attorney Shall lawfully do or cause to be done in or about the premise. In Witness whereof we have here unto set my hand and seal the 20th day of September1833³
Robert (his X mark) Davis

State of Virginia, Orange County
[On this] day Robert Davis personally appeard before [me ------ ------] justice of the peace for the county aforesaid [rest unreadable]

Page 2
Sukey Shifflet⁴, John Davis, Robert Davis, [blank]⁵ Meadows & Nancy his wife, Garret Morris, Henry Snow, Early Snow, [blank]⁶ Bryant & Polly his wife late Polly Snow, Merry Shifflet & Icy his wife late Icy Snow⁷, Howard Shifflet & Ginny his wife late Ginny Snow⁸, Gatewood Shifflet & Lucinda his wife late Lucinda Snow⁹, Trice Shiflett & Lurina his wife late Lurina Snow¹⁰ and William Davis
Plaintiffs
vs.
Bartlett Davis, [blank] Morris¹¹ and Anna his Wife late Anna Davis, ~~William Davis~~, the unknown Children of Pleasant Davis dec'd., Stephen Hix & Elizabeth his Wife, Jackson Morris, ~~Garrett Davis~~, Wilson & Nancy Morris, children of Sarah Morris¹² dec'd late Sarah Davis, Augustine Snow, Jackson, Nancy and Sarah infant children of Haley Snow Dec'd; Augustine Davis & Davis Davis children of Zachariah Davis Dec'd, Baldwin Tallaiferro Sheriff committee admin. of Lewis Davis dec'd., Wesley Fry his Deputy
Defendants
[last line unreadable]

Page 3
To the County Court of Orange in Chancery Sitting:
Your complaintants Sukey Shifflet, John Davis, Robert Davis, [blank] Meadows & Nancy his wife, Garrett Morris, Henry Snow, Early Snow, [blank] Bryant and Polly his wife late Polly Snow, Merry Shifflett & Icy his wife late Icy Snow, Howard Shifflett & Jinncy his wife late Jincy Snow, Gatewood Shifflett & Lucinda his wife late Lucinda Snow, Trice Shifflett & Lurena his wife late Lurena Snow and William Davis respectfully show to the Court that their common ancestor Lewis Davis departed this life some time since in the County of Orange intestate¹³ that no one has qualified as adm. for some months after his death, according to the act of assembly in such cases made and provided administration on his Estate was committed to one Baldwin Taliaferro late ----- Sherriff of this County of Orange --- who has since removed to the state of Tennessee that in point of fact none of the assets of the said Estate came into the hands of the said admin. but to a considerable amount was collected wasted and ------ by Wessly Fry the deputy of the said Taliaffero who indeed now enters and retains agency in this said administration: your complainants further show that the said admin. nor his deputy have never settled up his administration Act. on this said Estate and so ------ and ------- are the rights of the distributees of the said Lewis Davis Dec'd. that they refuse to pay over until the same are adjudicated and settled in this worshipful Court your complainants could therefore show to this Court that the said Lewis Davis Left as his legal distributees eleven¹⁴ branches to wit:
[blank space] Morris and Anna his wife one, Sus[the next remaining is unreadable -- from earlier documents it should read: annah Shiflett two late Susannah Davis, John Davis three, Robert Davis four, ]

[next:]
Robert has duly given his witness in the said Estate to his son your cocomplaintant William Davis; Pleasant Davis five who is dead leaving unknown distributees; Bartlett Davis six; [blank] Meadows and Nancy his wife Late Nancy Davis seven; Stephen Hicks and Elizabeth his wife late Elizabeth Davis eight; Sarah Morris late Sarah Davis nine now who is dead, leaving five children to wit: Jackson, Garrett, Davis, Wilson & Nancy, all infants under the ages of twenty-one except Garrett; Mary Snow late Mary Davis ten who is dead leaving nine children¹⁵ to Wit: Augustine, Henry, Early Snow, Polly wife of him [long dash] Bryant, Icey wife of Merry Shifflett, Jinney wife of Howard Shifflett, Lucinda wife of Gatewood Shifflett, Lorena wife of Trice Shifflet and Haley Snow which said Haley is also dead leaving three children all infants to Wit: Jackson, Mary, and Sarah Snow; and Zachariah Davis eleven who is also dead leaving the following children to wit: Augustine and Davis Davis all of which said [next four words unreadable] your complaintants are the children and grand children and legal distributees of the said Lewis Davis Dec'd. entitled to his Estate in the hands of his adms. in Jure oportinens as aforesaid to their relation and propinquity to the said Lewis Davis Dec'd. as above recited.

And now so it is your complaintants are without remedy at Law but are [unreadable, but should be something like "hoping to get justice"] in this worshipful Court. . .. [next 6 lines are unreadable.]

[next:]
infant diffendants that the said adms. be required to settle his administration account & pay to the several parties entitled according to their appropriate shares or if the funds of the estate be in the hands of the said deputy that he be ordered to pay accordingly, that all such fanthi---? others and general relief rights and trespass? in the premises may be granted to your complaintants --- by your worships that a Subpoiner may . . . [unreadable]. . . any --- as is duty bound.
MS

Page 4
Orange Co. to Wit:
This John C. Harrison appeared before me & made oath Anna Morris & [blank] Morris her Husband, the children of Pleasant Davis dec'd. (names unknown), Bartlet Davis, Stephen Hix & Elizabeth his wife, Augustine Snow Jackson Henry & Sarah children of Haley Snow Dec'd. distributees of Lewis Davis dec'd live out of the commonwealth of VA to the best of his knowledge & belief.
1 Nov 1833
P.C. Cave

Please gett an affidavit B. Tollarferro absence & ------ him in the order of Publication.
MS

Page 5
[NOTE: this is a filled in subpoena form. There are 2 documents like this, almost identical. On the first form, the word sheriff is printed as "sheiff". On the 2nd form, Merry Shiflet's first name is marked out and "Merry" is printed on top of whatever was first written. This is the second form:]
The Commonwealth of Virginia: To the Sheriff of Orange County, greeting; We command you to summon Bartlet Davis, [blank space] Morris and Anna his wife late Anna Davis, the unknown children of Pleasant Davis deceased, Stephen Hix and Elizabeth his wife, Jackson Morris, Davis, Wilson and Nancy Morris, children of Sarah Morris decd. late Sarah Davis, Augustine Snow, Jackson, Nancy and Sarah infant Children of Haley Snow dec'd., Augustine Davis and Davis Davis children of Zachariah Davis decd., Baldwin Taliaferro Sheriff committe administrator of Lewis Davis dec'd. and Wesley Fry his deputy
to appear before the justices of the county court of Orange at the courthouse on the fourth Monday in January next, to answer a bill in Chancery exhibited against them in the said court by Sukey Shiflett, John Davis, Robert Davis, [blank space] Meadows and Nancy his wife, Garret Morris, Henry Snow, Earley Snow, [blank space] Bryant and Polly his wife late Polly Snow, Merry Shiflett and Icy his wife late Icy Snow, Howard Shiflett and Genny his wife late Genny Snow, Gatewood Shiflett and Lucinda his wife late Lucinda Snow, Trice Shiflet and Lurena his wife late Lurena Snow and William Davis
And unless they shall answer the said bill within four months thereafter, the court will take the same for confessed, and decree accordingly; and this they shall in no wise omit, under the penalty of one hundred pounds each; and have then there this writ: Witness Reynolds Chapman, Clerk of our said court, at the court-house, this 28th day of November 1833, in the 58th year of the Commonwealth.
Reynolds Chapman

Pages 6
Davis
vs.
Tollarferro & Fry
write Bill & ride to Orange
File Bill at
~~Nov~~Jany Ct 1834
MS
suit brought

Flip side:
Lewis Davis - Fry by ag [agent] B.T. Sheff [Sheriff] fees as adm $500¹⁶
Children alive =
Anna Morris and [blank] Morris her husband = out of state
Suky Shifflet Rockingham
John Davis Orange
Wm.
~~Robert~~ son deed of Gift to his Robert former out and latter in Orange¹⁷
Pleasant Davis dead = leave the following children names unknown
Bartlett Davis¹⁸ out of state residence unknown
Nancy Meadows & [blank] Meadows her husband in Pendleton Cty. VA
Elizabeth Hix wife of Stephen Tennessee¹⁹
Sarah Morris late Sarah Davis dead children Jackson Morris, Garret, Davis, Wilson, & Nancy Morris, all under 21 except Garret
Mary Snow Dead - children Augustine Snow not known, Henry (Orange) Early Do., Polly Snow now Polly Briant wife of [blank] Briant, Icy Snow now Shiflet wife of Merry Shiflett, Ginny Snow now Ginny Sheffet [wife of] Howard Lucinda Snow [now Shiflet wife of] Gate[wood next 2 lines unreadable]
Ezekary Davis dead children Augustine Davis, Davis =
Baldwin Tolliafero Sheriff committee adms of Lewis Davis Decd & Wesley Fry his Deputy = get memo sent chapman
MS

Page 7
publication

Orange Cty to Wit:
This Day J.W. Fry made oath before me that annexed order was inserted two months successively before the 4 Monday in Feby 1834 in the Orange Democrat printed in Orange Co. and Given under my hand this 28 day of Oct 1834 P.J. Fry
fee $4⁰⁰
feby

Page 8
The Separate answer of Wesley Fry to a Bill of complaint exhibited against him & others in the Cty. Court of Orange in Chancery by Suky Shifflet & others Plaintiffs.

This Respondent saving & reserving the usual exceptions to the Plaintiffs Bill in answer thereto says: That it is True he was the deputy of B. Tollaiferro late sheriff of the Cty of Orange & that in character the Estate of Lewis Davis Dec'd. did come into his hands, that he had a sale thereof that many of the distributees were purchasers to an amount exeeding their interest in Estate to whom he prays for decree agst these persons as to the other funds he may have collected he has been always ready to account; he is willing that a commission may state & settle the accts. & the rights of the Parties involved? may be adjusted & decreased to them respectively & having this answered he prays to the [last 5 words undecipherable].
P.W. Fry

This answer may be filed without any oath.
Mr J. Fry

Page 9
Shifflet etc. v. Davis etc.
Appearing to the satisfaction of the court that the Deft. Baldwin Tollarfero etc. (see order of Publication) are not inhabitants of this commonwealth & against whom the Pltffs. have proceeded in the mode prescribed by Law & they still failing to answer the Bill of the Pltff. is taken for confessed as to the others upon this cause came to be heard upon the Bill Anser of the Deft. Fry was argued by counsel upon consideration wereof the court doth adjudge order & decree that ~~and~~ Baldwin Tollarferro Sheriff committee adm. of Lewis Davis Decd & the Deft. Joshua Wesley Fry his deputy do render before all of the Commissioners of this Court an account of his administration on the sd. Estate in taking which accts, the sd. Commissioner will also state the amount of any payments or purchases as made to any distributees ascertaining the excess of any of their respective distributions ---- of sd. Estate in the hands of the sd. admin all of which he is directed to state settle &to the Court report with any ------- -------- -------- in which either party may require.

Page 10
[Address:] Philip Fry Esq.
Clerk of Orange

[Case/Docket Heading:]
Assignment to P.S. Fry
Shiflett v. Davis

I have also an assignment of the interest of Sucky Shiflett to be found some where amongst my private papers. If not found - William Stephens or Thos. Gibson of greene County can brng the payment of the money to her and the execution of the assignment. Phil J. Fry

Page 11
November 10, 1845 Received of P S. Fry for JW Fry late deputy for Baldwin Taliaferro late sheriff of the county of Orange to whom was committed for administration the estate of Lewis Davis deceased the sum of ten Dollars²⁰ in full payment and discharge of my portion of the estate of the said Lewis Davies deceased which went in to the hands of the said JW Fry deputy as aforesaid. Susan (her X mark) Shifflett
[witness:] T.F. Gibbons

¹ I believe this is Robert Davis, s/o Wm. Davis and grandson of Lewis Davis (as proven by the above chancery suit) m. 15 Mar 1815 Lucy Shiflett d/o Darkey Shiflet; m. bond states he is son of Wm.

² In 1832, Howard Shiflett, son of John & Sukey Shiflett, sold to John C. Harrison 49a. for $98, possibly in payment for legal services. This appears to be part of or adj. the original land sold to John Shiflet by James Taylor in 1792. In 1835, James Simms sold 100a. to John C. Harrison, again on Taylor's run, adj. Winston & William Shiflett, and Ezekiel Wilhoit. On that same date, Simms sold another 100a. to Wm. Shiflett, adj. Ikey, Cyrus and David Morris, and Wilhoit. Ezekiel Wilhoit is also associated with Joel (Joseph) and Malissa Shiflett, and sold them land in Culpeper. John C. Harrison was also the attorney who represented the heirs of Bland Shiflett in 1842; see Bland's pension application.

³ The power of attorney is signed one month bef. Howard Shiflet, son of Sukey Shiflett, settles up the real property of Lewis Davis. It was must have been apparent by that date that the proceeds from the sale of Lewis Davis' personal property estate had not been distributed in a timely fashion.

⁴ Susannah Davis Shiflett, wife of John Shiflett. See chart. They sold land to John Snow, husband of Mary Davis, as late as 1829. Early Snow son of John Snow, and Trice Shiflett, son-in-law of John Snow were two witnesses. The land adj. Elliot, Shobe, and Micajah and Bennett Shiflett. John Shiflett was the son of Thomas and Patience Shiflett. Thomas Shiflett is associated with Thomas Snow, see the Kidds Creek Deeds (marked with red dots), specifically the one of 28 March 1764 Orange Co.

⁵ The first name of Mr. Meadows, the husband of Nancy Davis, is never mentioned in this suit. Can anyone provide documentation?

⁶ Polly Snow m. Charles Briant 27 Mar 1823 min-George Bingham in Orange County. The first name of Mr. Briant/Bryant, the husband of Polly Snow, is never mentioned in this suit.

⁷ Icy Snow, d/o John Snow and Mary Davis m. 13 May 1813 Murry Shiflett. See chart.

⁸ Virginia Jane (Ginny) Snow b. 1802 Orange Co., d/o John Snow and Mary Davis m. 25 Oct 1825 Orange Co., Howard Shiflett, s/o John & Sukey Shiflett. See chart.

⁹ Lucinda Snow, d/o John Snow and Mary Davis m. 14 Apr 1825 Rockingham Co. Gatewood Shiflett s/o John & Sukey Shiflett. See chart.

¹⁰ Lurany Snow b.c. 1802, d/o John Snow and Mary Davis m. 5 Mar 1823 Orange Co. Trice Shiflett s/o Micajah and Candace Shiflett. See chart. This brings up the possibility that John & Micajah may be brothers.???

¹¹ Researchers believe Ann, d/o Lewis Davis married Thomas Morris 12 Dec 1797 in Albemarle County, VA.

¹² The Davis Clearinghouse believes Sarah m. 1804 Elisha Morris. Is there a document to support this? Other info they have is incorrect.

¹³ The statement that Lewis Davis died intestate (without a will) is in error. We have his will written in 1816, ten years before his death (possibly at the time of his marriage to Doshia). His 2nd wife, Theodoshia, d. prior to 13 Mar 1830 when her estate inventory was taken. In Orange Co. Will Book 6, pg. 373-374, Lewis Davis' will is recorded a second time. The chancery cause focuses on the personal property of Lewis Davis and the proceeds of the sale conducted by Wesley Fry, and not on the real property (land). We know that in 1833, Howard sold land from the Lewis Davis estate, acting as executor. Orange Co. Will Book 8, p. 270-273 records the settlement of the estate account of Lewis Davis by Howard Shiflett . . .account consists of sale and cash received by the executor August 21, 1833. . .settled 21st August 1833 by George S. Blakey, James Beazley, James Simms. At a court held. . .27th August 1833. . .report returned and ordered to lie. At a court held. . .25th November 1833. . .report not being excepted, same approved and ordered to be recorded.

In his will, Lewis Davis made the following provisions:

to my wife Dosha Davis all my real and personal estate during life remaining my lawful widow
my estate [not to be] appraised until the death of my wife
after her death I give son Absalom Davis a certain tract of land whereon he formerly lived
after the the death of my wife my executors should sell all my estate real and personal and divide the profits arising equally amongst the balance of my children Re---- all my --- ---, -----,. Mary Snow, Anny Morris, Shucky Shiflett, Ezekiah Davis, John Davis, William Davis, Pleasant Davis, Bartlett Davis, Nancy Meadows, Elizabeth Hicks, Sarah Morris
John Head and Joseph Cave joint executors.

¹⁴ The first child listed in the will of Lewis Davis is his son, Absalom Davis, who was to receive the land he previously lived on [and nothing else]. Absalom is not listed in this chancery cause, possibly because either he died without issue, or he had no interest in the personal property (per the terms of the will).

¹⁵ I think this should give us the definitive list of the children of John Snow and Mary Davis.

¹⁶ The numbers are extremely clear.

¹⁷ From all indications, those involved in this lawsuit believe Bartlett Davis is still living. So he cannot be the Bartlett Davis, dec'd. mentioned in the release of quit claim filed in 1830 Albemarle (unproved) by John Shiflet of Hawkins County, TN to Peter Gibson

¹⁸ Our census records for Robert & Lucy Davis place them in Rockingham Co. in 1850. The court notes in ref. to Robert/Wm. Davis are confusing. The notes cannot refer to Robert assigning the interest to his son, Wm., because that son was b. 1823 and would have been under16. We know Robert is in Orange (power of attorney). His father William, therefore, is the one who is out of state (and still living). It is also very confusing that both Robert and William are listed every time the list of plaintiffs is given.

¹⁹ I believe Stephen Hicks, husband of Elizabeth Davis, living in TN, is the Stephen Hicks who went surety for Ann Hicks (possibly the d/o Anderson who consented), in her marriage in 1798 Albemarle Co., to John Shiflett. We can find no further info on this couple. Some researchers believe that Ann died, and John m. 2) Francis Martin, d/o Jacob of Albemarle Co. See chart. In any event, between 1812 and 1823, John and his family moved to Hawkins Co., TN along with Stephen and Rachel Hicks Shiflett. There appears to be a major migration out of the local area to Hawkins Co., since the following names are also found near them on the census.: Alexander, Burris, Francisco, Grady, Hall, Hensley, Herron, Lane, Sandridge, Taylor, Thacker, Vaughn, and even a Wm. Davis family. See TN records.

²⁰ After twelve years, the deputy still had not given an account of the sale of the personal property of the estate of Lewis Davis. Sukey signed her interest over to P. Fry and received ten dollars as full payment for her interest in her father's estate. Joshua Wesly Fry walked off with $500 for fees as administrator. Does the phrase "breach of fiduciary responsibility" come to mind?

NOTES FROM SUBMITTERS:

From Lila Siggins lmss@wtp.net
The books of Albemarle & Orange County Marriage Records list:

a 24 March 1823 marriage between Charles Bryant and Polly Snow. Bond by Hayland Snow;

a marriage record between Thomas Morris and Ann Davis, bond by John Shiflet, wit: Elijah Seamonds/Simmons/Simmonds and Nathan Sandrige/Sanridge;

an Alb Co marriage record 7 December 1795 for Sally Davis and Austin Smith, bond by William Davis;

and the marriage Sally Davis m Elisha Morris 18 March 1803 Alb Co.

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