I have been reviewing old files lately and finding a number of things I overlooked or just did not enter into my database when they first came to my attention.
One of those items is a very poor photocopy of a chancery suit filed in Loudoun Co., Virginia, probably in 1831. I obtained this photocopy when I visited Leesburg, Virginia in the mid 1990s. At that time, the chancery cases were housed in folders in the basement of the Loudoun County courthouse. Since that time, I know that these files have been made available on-line. Here is the link to this case, which is filed under 1838. It appears that while it was originally filed in 1831, the case was continued repeatedly until 1838.
Because it backs up other research I've done regarding Abiel & Deborah Jenners and their family, I thought it might be good to post the transcription of the document. I want to be clear, however, that I found many words unreadable & part of the document is cut off, so the transcription is not 100%.
The document does list the eight children of Abiel and Deborah in their birth order. It list the spouses of daughters Sarah and Mary. It gives the year of Abiel's death.
The following was filed in Chancery Court in Loudoun Co., Virginia in 1838 (transcribed):
"To the Honorable John Scott Judge of the Circuit Superior Court of Law & Chancery for the County of Loudoun in Chancery sitting humbly complaining shews to your Honour your oratrix Deborah Jenners Widow your orators & oratrixes Jonathan N. Bradfield and Sarah his wife late Sarah Jenners Burr Braden & Mary his wife late Mary Jenners Saurin Jenners Nancy Jenners Alba Jenners
That on or about the day of in the year 1824 Abiel Jenners the husband of your oratrix Deborah and the father of your oratrixes & orators Sarah, Mary, Saurin, Nancy & Alba, departed this life having first made and executed his last will and Testament which was afterward duly exhibited for probate by the County Clerk of Loudoun proved & ordered to be recorded. A Copy of Which will duly certified is herewith exhibited and prayed to be taken as fact hereof (Exhibit No 1). - That by said will it will be seen he directed if it were necessary that the whole of his lands should be sold as well as his personal property save some small provision for your oratrix Deborah. The farm bought of Tavener of Wright & of Cooper constituting all his real estate. That it was necessary for the payment of Debts and advantageous to the Interests of all concerned to sell the whol of said Real estate and that it was accordingly sold. That John Braden who was appointed Executor of said will qualified in due form thereto. That having made the sales of the property real & personal in persuance of said will and applied the proceeds as far as necessary to the payment of Debts. There is now in his hands a balance of somewhere about the sum of fifteen hundred to two thousand dollars.
The same being the surplus of said Estate after the payment of all known debts. That by the said will the said surplus is given to your oratrix Deborah and if any is left after her decease it is given to the said Testator's five younger children. That the said Testator left eight children whose ages correspond to the order in which their names follow viz Martin Jenners, Wm. M. Jenners, David Jenners, your oratrixes Sarah, Mary, Nancy, Alba & orator Saurin. In other words that the said Martin, Wm. M. & David are the three Eldest Children and therefore in consideration of previous advances, excluded from participation with your oratrixes & orator who are the five younger children in the reversionary Interest. That since the death of the said Testator, your oratrixes & our orators have removed from the County referenced to the State of Indiana where a livelihood Can be more Easily attained. That to the comfort of your oratrix Deborah it is essential the said funds should be vested in the said last mentioned state & as it is believed conducive to the Interest of your orators & oratrixes the reversionary claimants. The Inconvenience to your oratrix Deborah in procuring the annual remittance of the Interest on said surplus & the advantage to the reversionars in its judicious investment in a young thriving and rapidly improving country will readily present to the consideration of any one. That the said Executor has been from an apprehension of the responsibility refuses to (unreadable) over the same to your oratrix Deborah without the order of a (unreadable) Court to that effect and without the settlement of the respective rights of the parties.
All which is agt. Equity . Stands to the Injury of your oratrixes & orators and as they are secu(cut off) delete (?) at Law & can only be (unreadable) in Equity They (cut off) that the said John Braden Executor of Abiel Jenners Decd be under party to this will with afterwards to Charge him that he be compelled to answer the (unreadable) he be decreed to pay to your oratrix Deborah said f(cut off) upon such terms & conditions as are consistent with Law and the rights legal & Equitable of your several oratrixes & orators & that such the & general relief be awarded to you may seem best & that the (unreadable) be awarded
The answer of John Braden, Exor. of Abiel Jenners, decd to a bill of Complaint exhibited agt him in the Circuit Superiour court of Law & Chancery for the County of Loudoun by Deborah Jenners widow & other representatives of Abiel Jenners decd.
This respondent making the usual & accepting reservations to the many (unreadable) in said bill contained for (unreadable) thereto or to the material parts thereof says that he admits the death of said Abiel Jenners his execution of the said will to probate & this respondents qualification as Executor. That he as sold the property and afterward with the exception of the assessed articles of personal property which were delivered over and Paid all the known debts of the Testator as stated in said Bill. He admits that the said Complainants are the parties entitled under the said will the the surplus property as said. The said Deborah for life and if any is left at her death & said five complnt. younger children of said Testator to the reversionary Interest as stated in the same. He admits that the said surplus amounts to the amount from $1500 to $2000. The (unreadable) amount he cannot say till settlement of his acct which is now before (unreadable) appointed by the County Court of said County in a course of settlement in which Court be qualified. This respondent admits that it would no doubt be more at the comfort & convenience of said Deborah to have the entire control & use of said funds & that if it were judiciously invested as suggested in a new County such as the one to which the said Complts have removed that such investment might advance the Interests of the reversioners.
This respondent however not knowing perhaps the full responsibility of an Executor but hearing some indefinite idea of the perils of the office with every disposition to accommodate others & especially the family of his testator is yet unwilling to do any thing which may be possibility (unreadable) them and therefore requires the safeguard of the (unreadable) of a competent tribunal.
With these views he submits to the Decisions of the Court the following questions. How far and in what mode He can with safety to himself or consistently with his duty to the possible creditors of the estate pay over the said funds to the said Compt. Deborah? What security shall the said Deborah give to (unreadable) in case any debts arise at any future time aft the said Estate of his Testator? Shall the said Deborah receive the said funds without giving security of some sort that she shall have the same forth coming at her death to be paid to the revisioners & if such security is required of what kind & to what amount? What is the precise Interest or estate of the several parties complts to said Bill?
This respondent is willing and desires of being without the (unreadable) or the responsibility and submits himself & his rights to the protection and his duties & liabilities to the interpretation of the Court. He is willing to pay the funds unto the Court to be disposed of at the pleasure of the Court or to lend it out to make it productive or in (unreadable) to do any thing which can safely & with propriety do
And He prays to be (unreadable) with the Court &c
Loudoun County to wit
This day Jno Braden Exo of A. Jenners decd qualified in due form of Law to above answer. Given under my hand this 28 day of Sept 1831 Sam. M. Ramey JPLC"
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