Tuesday, July 26, 2016
Great Grandmother Eve Answers the Plaintiffs
In June of 1816 my 4th Great Grandmother Eve (Hanger) Joseph and 2nd husband Warner Peters thought it would be wise to answer a Bill of Complaint exhibited against them in Superior Court of Chancery at Staunton, Virginia by Augustine Argenbright and others. (See earlier post What you want and What you get.)
The Plaintiffs wanted Peter and Charles Hanger to pay their siblings legacies and give Augustine Argenbright the money he advanced his brother-in-law Daniel Joseph.
4th Great Grandfather Daniel was Eve Hanger’s 1st husband and my ancestor. During the last years of his life, he was heavily in debt. In his will 5th Great Grandfather Frederick Hanger (Eve’s father) ordered that Daniel Joseph’s debt to Augustine be honored:
“And whereas Augustine Argenbright was sued and had a certain sum of money to pay for Daniel Joseph the husband of my daughter Eve I order that be paid to said Argenbright out of said Eve’s share”
In their answer Warner and Great Grandmother Eve acknowledged that the Plaintiffs’ statements about them were true. Neither knew how much money Augustine Argenbright paid on Great Grandfather Daniel’s behalf. They requested he produce evidence to prove his claims.
Augustine brought the notes to Court and yes, they are in the chancery case file.
I instantly knew I was looking at 4th Great Grandfather Daniel Joseph’s signature as he wrote his name in the “Old Hebrew” style. But I was more surprised to see seventeen notes signed by both Daniel Joseph and Augustine Argenbright promising to pay George Craig. All the notes were dated April 26, 1788 and valued for 20 Shillings each. The notes’ due dates were staggered daily beginning July 14, 1788 until July 29, 1788. James Buchanan (and sometimes James Frazer) witnessed the notes.
Two notes exhibited in Augusta County, Virginia Chancery Cause 1819-003
I’m as pleased as can be to have these documents. But they certainly bring to mind new questions.
Did Daniel and Augustine share a business partnership? When these notes were written, Daniel and Eve ran an ordinary in neighboring Rockingham County. Augustine was said to be a blacksmith. Was Augustine a co-signer for Daniel? And who is George Craig?
Great Grandfather’s debts were mounting and soon he would experience legal problems in Rockingham County. You can read more at Tough Times for Daniel Joseph in Rockingham County, Virginia.
Now let’s get back to Eve and Warner’s deposition. They never received one cent from Frederick Hanger’s estate. Just like the Plaintiffs, they hoped Judge John Brown would make a decree compelling Peter and Charles Hanger to pay Eve’s legacy with interest. They denied any fraud on their part and ‘prayed’ to be dismissed from any court costs.
5th Great Grandfather Frederick Hanger and wife
4th Great Grandmother Eva Margaretha Hanger and Daniel Joseph
3rd Great Grandfather John Joseph and wife Elizabeth Piper
2nd Great Grandfather William Wilson Joseph and wife Eliza Jane Spitler
Great Grandfather Daniel Franklin Joseph and wife Flora Belle McFall
Grandfather James McFall Joseph and wife Lucy Leora Clemmer
To view the 1819-003 Chancery Cause 1819-003 ‘Augustine Argenbright & wife, etc.
vs. Peter Hanger, etc.’ on the Library of Virginia website click here.