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Saturday, September 19, 2015

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



Today’s post was previously published Jan. 9, 2014 on Barb’s Family Stories. I’ve reworked it and hope it will attract new readers.

3rd Great Grandmother was born Mary Ann Shelly the daughter of John Shelly and Elizabeth Stover. Methodist minister G.W. Israel married Mary Ann Shelly and William White Jan. 30, 1845 in Augusta County. William worked as a wagon maker and he owned a house and small ¼ acre lot in Mount Sidney. 3rd Great Grandfather needed money and borrowed $77.62 from Jacob K. Stribling October 29, 1846.

Indenture between William White and Jacob K. Stribling
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

William White died before he could pay his debt to Jacob K. Stribling and Jacob K. Stribling passed Sept. 10, 1854.  Nicholas K. Trout was acting as Jacob K. Stribling’s administrator when he filed a bill against Mary Ann White and her children. I don’t have a date of death for Great Grandfather William White but he must have passed prior to Oct. 25, 1855 when court proceedings began. Mr. Trout wanted to sell William White’s property but couldn’t until Great Grandmother Mary Ann got her dower share.

On Oct. 25, 1855, Nicholas K. Trout appeared in Augusta County, VA Circuit Court naming William White’s widow, Mary Ann White, along with her infant children--John William, Jane Maria and Margaret--as defendants to obtain the debt.

Summons from Sheriff of Augusta Co., VA to Mary Ann White
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

N. C. Kenney was appointed guardian to the White children by Augusta County Court. It was declared 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. The commissioners decided to rent out the property for twelve months with Great Grandmother receiving one third of the rent and Nicholas K. Trout the remaining two thirds. After twelve months’ time, the property would be sold with Mary Ann receiving her dower. Wm. Shumake was the highest bidder and became the new owner Jan. 27, 1857.

See my Grandmother Lucy Leora Clemmer’s pedigree chart for birth and death dates.

You might enjoy these articles published about 2nd Great Grandfather John William White:


 

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