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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