Thursday, January 9, 2014

Greetings Mary Ann White, You and your Children are Summoned to appear at Augusta County, VA Circuit Court




Image from Chancery Suit Nicholas K. Trout vs. William White heirs
Index No. 1858-071, Library of Virginia, Virginia Memory,
Chancery Records digital image collection

Mary Ann White was 30 years old, a widow and a mother of three children roughly 10 years, 8 months after her marriage to my 3rd great grandfather.

My 3rd great grandmother, Mary Ann Shelly, was the daughter of John Shelly and Elizabeth Stover. She married William White Jan. 30, 1845 with a Methodist minister officiating. William’s trade was wagon maker and he owned a house and small ¼ acre lot in Mount Sidney, Augusta County, Virginia. He needed money in 1846 and borrowed $77.62 from Jacob K. Stribling in a deed dated October 29, 1846. [i]


   Image from Chancery Suit Nicholas K. Trout vs. William White heirs
Index No. 1858-071, Library of Virginia, Virginia Memory,
Chancery Records digital image collection

On Oct. 25, 1855, Nicholas K. Trout appeared in Augusta County, VA Circuit Court naming the widow of William White, Mary Ann White, along with her infant children, John William, Jane Maria and Margaret as defendants in order to obtain the debt owed him.[ii]

William White had died without paying any of the debt owed to Jacob K. Stribling. Jacob K. Stribling died Sept. 10, 1854 [iii] and Nicholas K. Trout was acting as Jacob K. Stribling’s administrator when he went to court against Mary Ann White and her children. Trout wanted to sell William White’s property but couldn’t without Mary Ann get her dower share.

As of July 2, 1856, Mary Ann White had not appeared in court. The court appointed N. C. Kenney as guardian to the children. The court was of the opinion that the dower estate could not be assigned to Mary Ann White by laying off one third of the lot and house because she was not in possession of it. It was decided to rent out the property for twelve months with Mary Ann White receiving one third of the rent and Nicholas K. Trout the remaining two thirds rent. After twelve months the property could be sold with Mary Ann receiving her dower. Wm. Shumake was the highest bidder and became the new owner Jan. 27, 1857.[iv]


[i] Augusta County, VA Deed Book 66, page 381

[ii] Chancery Suit Nicholas K. Trout vs. William White heirs, Index No. 1858-071, original case 261 online at Library of Virginia, Virginia Memory, Chancery Records digital image collection

[iii] FindAGrave.com; Burial Thornrose Cemetery, Staunton, Augusta County, Virginia. Created by PL, record added Dec. 15, 2007, Find A Grave Memorial #23419228

[iv] Augusta County, VA Deed Book 79, page 640





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