Chancery Case concerning the Partition of the Land of Austin Bush, Sr. - 1855/56

The chancery below was transcribed from the original documents found stashed in an upstairs room of the Russell County, VA courthouse. These documents probably have never been seen by anyone and do contain lots of family names. If you see a _______, this means that the word could not be deciphered.
January 20th, 1855

The Commonwealth of Virginia,

To the Sheriff of Scott County - Greetings:

You are hereby commanded to summon:

William Ramsey & Susan his wife, Harvey Gray, James 0. Dotson & Elizabeth his wife, Rebecca Bush, Thomas Bush, Nancy Bush, - widow of Austin Bush, deceased, the unknown heirs of William Bush, Robert McReynolds, James M. McReynolds, _______ Snead & Nancy his wife, Fanny McReynolds, ______ Stapleton & Mary his wife, Rebecca Stapleton, Pollv McReynolds, Phoebe McReynolds & three other unknown children of Pollv McRereynolds, names not known, Richard H. Lynch and John Banner.

To appear at the Rules to be held in the Clerks office of the county court of Russell County on the lst Monday in March next, to answer a bill in Chancery exhibited against them in our said county by Valentine Bush & Joseph T. Talbert & Nancv his wife.

January 20th, 1855

The Commonwealth of Virginia,

To the Sheriff of Russell County - Greetings:

You are hereby commanded to summon:

William Ramsey & Susan his wife, Harvey Gray, James 0. Dotson & Elizabeth his wife, Rebecca Bush, Thomas Bush, Nancy Bush widow of Austin Bush deceased, the unknown heirs of William Bush, Robert McReynolds, James McReynolds, ____ Snead & Nancy his wife, Fanny McReynolds,_________ Stapleton & Mary his wife,Rebecca Stapleton, Polly McReynolds, Phoebe McReynolds & three other unknown children of Polly McReynolds names not known, Richard H. Lynch & John Banner.

To appear at the Rules to be held in the Clerks office of the County Court of Russell County, on the 1st Monday in March next, to answer a bill in Chancery exhibited against those in our said county by Valentine Bush & Joseph T. Talbert & Nancy his wife.

And have then there this witness Richard H. Lynch Clerk of said Court, at the courthouse, this 20th day of January 1855, in the 79th year of the Commonwealth.

May 1855

To the worshipped County Court of Russell County in Chancery sitting.

The bill of complaint of Valentine Bush, Joseph T. Talbert and Nancy (Bush)his wife of said county humbly represents that about the year 185_ Austin Bush since departed this life intestate leaving three tracks of land lying in Russell County in Castlewoods adjoining each other containing in the aggregate two hundred and eighty two acres more or less. Copies of his deeds for which land are herewith filed marked A, B, C, D & E to be taken as part here. Of the said Austin Bush left the following heirs & distributees entitled to equal shares in his estate that is to say Valentine Bush, Nancy Bush now the wife of Joseph T. Talbert, Susan Ramsey now the wife of W. Ramsey, Elizabeth Dotson wife of James 0. Dotson formerly Elizabeth Bush, Rebecca Bush, Thomas Bush, the unknown heirs of William Bush, deceased, Josiah D. Bush, the wife of Joseph McReynolds, ______ Frayley wife of William Fraley formerly ______ Bush being wife of ______ Craig formerly _______ Bush, James Bush, Austin Bush Jr., _______ Skeen wife of James Skeen formerly ______ Bush and Nancy Bush. Since the death of the said Austin Bush Sr., Josiah D. Bush had conveyed his interest in the land ________ trustee for the benefit of John Banner to secure a debt to said Banner and also since the death of said Austin Bush Sr., Mary McReynolds the wife of Joseph has departed this life leaving Robert McReynolds and others, her children entitled to her share in said land & Valentine Bush has purchased the interests of Ramsey & wife and James Bush. Harvey Gray has purchased the interests of Austin Bush, J. Skeen and wife and James 0. Dotson has purchased the interests of W. Fraley & wife., _______ Craig & wife and Thomas Bush and conveyances have been executed accordingly. The object of this suit is to have said lands partitioned according to the rights of the parties and as the three tracts _______ adjoining each other and form in fact but one tract, you the petitioners would ask that they be divided as one tract.

The prayer of you ________ and _______ therefore is Harvey Gray, James 0. Dotson nd Elizabeth his wife, Rebecca Bush, Thomas Bush, Nancy Bush widow of Austin Bush Sr. deceased, the unknown heirs of William Bush deceased, Robert McReynolds, James McReynolds, _______ Sneed and Nancy his wife, Fanny McReynolds, _________ Stapleton and Mary his wife, Rebecca Stapleton formerly Rebecca McReynolds, Polly McReynolds, Phoebe McReynolds and three other unknown children of Polly McReynolds, deceased, once Polly Bush, Richard H. Lynch and John Banner be -made parties defendant to this bill and be required to answer the several allegations thereof on oath that a guardian to listen be appointed to defend this suit for the infant children of Polly McReynolds deceased. That a decree be rendered by your worship appointing commissioner to assign dower in said lands to the widow of Austin Bush Sr., deceased and to make partitions of said land amongst the several parties according to their several rights and that such other and further relief be extended to your complainants as belongs to equity and is suited to their case.

May it please your worship to answer the __________ sums of __________ directed ____________.

May 8th, 1855

Virginia

Russell County to with:

This day Valentine Bush personally appeared before the undersigned Clerk of the county and made oath that the unknown heirs of William Bush, Robert McReynolds, _______ Snead & Nancy his wife. ____________ in a suit in Chancery between Valentine Bush and Joseph T. Talbert & Nancy his wife complainants and William Ramsey & Susan his wife and others – defendants, are not inhabitants of this Commonwealth but reside in the states of Tennesee & Indiana given under my hand this 8th day of May 1855

October 2nd 1855

By a decree of Valentine Bush & others, Mrs. Nancy Bush & others of October 2nd 1855.

It appears that in the Bush land there were 14 interests. In the Bush land to be divided of which Harvey Gray was entitled to six interests. To _________ the interests of Valentine Bush, James Skeen & wife, Josiah D. Bush, Austin Bush Jr., James Bush & McReynolds & wife. The commissioner R. Fugate, A. Fralev and Stephen Banner were ordered to __________ so ____________ 6/14th of said land after appearing __________._________

October 10, 1855

In obedience to an order of a court held for Russell Co. on October 10, 1855. The undersigned commissioners appointed for the purpose of dividing the lands Belonging to the estate of Austin Bush deceased, having went upon said lands and assigned Nancv Bush his widow, one full third in value of the said lands including the mansion house of which a copy of the survey is hencewith filed marked (A).

We have also partitioned the whole of the lands belonging to the said estate among the distributees according to the quantity and quality of which copies of the survey’s are hencenwith filed marked 1, 2, 3 4 & 5 etc. as follows.

We have partitioned the Harvey Gray 142 acres adjoining said Gray's land which we estimate in the value to be equal to 6/14 of the whole tract, a copy of the survey is hencewith filed marked (1).

We have partition to James 0. Dotson 88 1/2 acres, including his present residence which we estimate in value to be worth 5/l4 of the whole tract. A copy of the survey is hencewith filed marked (2).

We partition to Rebecca Bush 35 1/4 acres adjoining H. Gray, J.0. Dotson & William Bush’s heirs lands, which said 35 1/4 we estimate to be in value equal to 1/14 of the whole tract. A copy of the survey is hencewith filed marked (3).

We also partition to William Bush's heirs 29 1/4 acres adjoining Rebecca Bush's & H. Gray's land. Estimating the same 29 1/4 acres to be in value equal to 1/14 part of the whole tract. A copy of the survey is hencewith filed marked (4).

We have partitioned to Joseph T. Talbert & wife 19 1/2 acres adjoining J.0.Dotson & John Bickley's lands estimating the same 19 1/2 acres to be in value equal to 1/14 part of the whole tract. A copy of the survey is hencewith filed marked (5).

In making these partition lines we are of opinion that at any point where the line is situated within 75 yards of an inside fence it should be removed & placed on the line to the benefit of the ________ of the land on each side of the line to be held to the joint benefit of each.

In assigning the widow heirs dower in said lands, we have so arranged the lines as to make each of the distributees be an equal partition, according to their several interests in the estates.

All of which is respectfullly submitted.

Andrew Fraley

Stephen Banner

Robert Fugate

March 28th 1856

Survey of William Bush's heirs partition it being 1/14 of the land estate of Austin Bush deceased.

Beginning at a walnut & hickory & a corner to John Bickley's/Holbrook land running with its line N.54 W.59 poles crossing a ridge to a paw paw in a hollow a corner to J. 0. Dotson's land, thence with Dotson's line S.59 W.24 poles passing through a spring and dividing it. To a stake on the hill S.7 E.17 poles to a stake 30 links below a poplar a corner to Rebecca Bush's land, thence with her lines W.25 E.85 poles passing Rebecca Bush's corner to a stake in a road. Corner to Gray's land thence with his line N.79 E.32 poles to a sugartree in said Bickley,s line, thence with Bickley's line N.7 ˝ W.64 poles to the beginning.

Containing 29 ˝ acres.

March 28th 1856

Survey of Rebecca Bush's 1/14 of the land estate of Austin Bush, deceased.

Beginning at a stake 30 links below a poplar a corner to J.0. Dotson's land & also corner to William Bush's heirs partition and running, with a line of the latter S.29 E.66 poles to a white oak on the south end of a knob a corner to Harvey Gray's partition, thence with Gray's line S.68 W.80 poles passing below a barn to a stake in a road N.70 W.32 poles to a stake a corner to J.0. Dotson's land, thence with his lines N.4 E.46 poles crossing a hollow to a persimmon tree on a ridge & in a field N.65 E.75 1/4 poles to the beginning.

Containing 35 1/4 acres

March 28th 1856

The survey of the dower assigned Nancy Bush the widow of Austin Bush, deceased. Begining at a stake near adjacent a comer to John Banner's land & running through H. Gray's partition N.83 l/2 E.119 poles to a walnut N.I W.45 poles to a walnut near a road a corner to the portion of William Bush's heirs. thence passing through said partition N.8 1/2 W. 108 poles to a _________ a corner to James 0. Dotson's partition. Thence with a line of John Bickley's land purchased from Holebrooks N.54 W.58 poles to a stake thence passing through Talbert’s partition S.81 W.90 poles to a double poplar, a corner to Talbert's and J.0. Dotson's thence S.46 E. 160 poles passing across Dotson's partition and Rebecca Bush's partition to a stake in a line of H. Gray's land thence with the line dividing Rebecca Bush's & H. Gray's land S.69 W.45 poles to a stake in the road N.70 W.32 poles to a stake S.60 1/2 W.40 poles to a stake in John Banner's line & with it S.32 E.4 poles to a white oak S.64 W. 16 1/2 poles to a large white oak S.42 E.37 poles to the beginning.

Contaning 105 acres


This file contributed by: Julie Adams



3933 visitor since May 5, 1998


Back to Russell VAGenWeb