“Court doth adjudge order and decree…”

Augusta County, Virginia Chancery Cause 015-1819-003:

Augustine Argenbright & wife, etc. vs. Peter Hanger, etc.

Plaintiffs

     Augustine Argenbright, executor and husband of Barbara Hanger, daughter

     George Baylor, Bernhard Lowman and Molly Hanger,

          executors and executrix of Frederick Hanger Jr., deceased son

     George Hanger, son

     Martin Hanger, son

     Jacob Friedly and wife Hannah Hanger, daughter

Defendants

     Peter Hanger, son

     Charles Hanger, son

     Charles Shaver, perhaps counsel

     John Hanger, son

     John Wise and wife Catherine Hanger, daughter

     Peter Eagle and wife Ann Eliza Hanger, daughter

     George Eagle and wife Mary Eliza, daughter

     Warner Peters and wife Eve (Hanger) Joseph, daughter

     Betsy (Hanger) Thomas, daughter

Chancery cause 1819-003 began with 5^th Great Grandfather Frederick Hanger and the distribution of his estate. Grandfather planned well for his family and wanted to leave his children cash legacies. That is except for sons Peter and Charles who inherited their father’s lands. These two sons were to pay their sibling’s legacies per a prearranged schedule stated in Great Grandfather’s will. Peter bought Charles’ land leaving him with the obligation to his brothers and sisters.

4^th Great Granduncle Peter couldn’t or wouldn’t pay; thus the Chancery Court Cause. The suit dragged on for six years. You can read my earlier posts by clicking on the links at the end of this post.

Finally, in December 1818 the Staunton District Superior Chancery Court ruled Peter Hanger needed to fulfill his father’s wishes and pay the legacies. The District Marshall was instructed to sell his lands at public auction if necessary to raise cash.

Uncle Peter didn’t attend the December court session. His counsel represented him and “prayed for an appeal” in the Court of Appeals since the final decree was “adverse to his interests”. The Judge granted permission to take the suit to the Appeals Court.

Remember Peter wasn’t present when the final decree was pronounced. When filing an appeal, a security bond needed to be readied by the next court date of February 1, 1819. Uncle Peter didn’t know this and missed the deadline.

After realizing his error, Peter Hanger appeared before Judge John Brown of the Staunton Superior Court of Chancery explaining his ignorance of the bond requirement May 19, 1819. He filed a petition asking the Judge for more time hoping to get an appeal. The Judge allowed an extension, but it did Uncle no good. Although Peter made partial payments to several of his siblings, too much remained to be paid and Uncle’s lands would be auctioned off to cover the debt.

George Eskridge, Marshall of the Staunton Chancery Court, sold the Hanger land Sept. 20, 1819, to the highest bidders--Adam Grove and William Kerr. They paid $2,100 for the land. Interestingly, Peter Hanger’s wife, Susanna, was the daughter of Windle Grove and sister of Adam Grove. Susanna’s sister married a Kerr. It sounds as though Susanna’s family came to their rescue.

Martin Hanger’s Receipt for $229.29 dated Sept. 25, 1819

Image 52, Augusta County, Virginia Chancery Cause 015-1819-003: Augustine Argenbright & wife, etc. vs. Peter Hanger, etc.

By 1830 Peter, Susanna and their children left Augusta County, Virginia heading to Ross County, Ohio where Charles Hanger was living. After visiting his brother, he moved his family to Harrison, Champaign County, Ohio.

Earlier Posts

What you want and What you get

Sheriffs Served Summons and Subpoena

Great Grandmother Eve Answers the Plaintiffs

Peter Hanger Answers the Plaintiffs Bill of Complaint and Fires Back

Master Commissioner William Clarke Assigned to Hanger Chancery Cause, Augusta Co., VA

To view the 1819-003 Chancery Cause ‘Augustine Argenbright & wife, etc.

vs. Peter Hanger, etc.’ on the Library of Virginia website click here

Master Commissioner William Clarke Assigned to Hanger Chancery Cause, Augusta Co., VA

The Hanger family chancery cause chronicle continues in today’s blog post. The Plaintiffs’ bill of complaint was acknowledged in Staunton Superior Court of Chancery. Two of the Defendants answered the bill. Now the court officials have ordered Master Commissioner William Clarke to judge the case.

You’ll remember 5^th Great Grandfather Frederick Hanger died in Augusta County, Virginia during the summer of 1799. Frederick’s last will and testament let the family how he wanted his estate distributed. See What you want and What you get.

Great Grandmother Eve Answers the Plaintiffs in June 1816. Peter Hanger Answers the Plaintiffs Bill of Complaint and Fires Back a few weeks later.

Eighteen months passed; then the Staunton Superior Court of Chancery assigned this cause to Master Commissioner William Clarke on Dec. 15, 1817. It was Commissioner Clarke’s duty to settle the accounts and report to the Court. On Feb. 9, 1818, he invited any interested parties to meet at his office on Monday, May 11, 1818.

Image 64, 1819-003 Augusta Co., VA Chancery Cause

The Plaintiffs Augustine Argenbright, Barnhard Lowman (executor Frederick Hanger Jr.), Molly Hanger (widow and executrix Frederick Hanger Jr.), Martin Hanger along with the Defendants Peter Hanger and wife Susanna attended the meeting.

Commissioner Clarke determined what should have happened according to Great Grandfather Frederick Hanger’s will.

Great Grandfather wanted sons Peter and Charles Hanger to pay their siblings 600 Pounds. Whether Peter and Charles were to get a share of the 600 Pounds was not yet decided. (They inherited the title to their father’s lands.) Commissioner Clarke prepared his tabulations including and excluding them. He calculated the siblings’ share should the 600 Pounds be split among all 13 children (including Peter and Charles) amounting to 46 Pounds, 3 Shillings and ¾ Pence each. If the 600 Pounds was divided by 11 siblings (excluding Peter and Charles), each legacy equaled 54 Pounds, 10 Shillings and 10 ¾ Pence and accrued interest.

Since nobody knew the exact date of Great Grandfather Frederick’s death, Commissioner Clarke used the will’s probate date, July 22, 1799, to set the annual payment due dates.

The youngest of the Hanger heirs, Catherine and husband John Wise would get the first annual payment July 22, 1800 followed by:

Peter Hanger July 22, 1801

Charles Hanger July 22, 1802

Betsey (Hanger) Thomas and husband Jacob Thomas July 22, 1803

Hannah (Hanger) and spouse Jacob Fridley July 22, 1804

Ann Eliza (Hanger) and husband Peter Eagle July 22, 1805

Martin Hanger July 22, 1806

Eve (Hanger) Joseph and 2^nd husband Warner Peters July 22, 1807

John Hanger July 22, 1808

George Hanger July 22, 1809

Mary Eliza (Hanger) and spouse George Eagle July 22, 1810

Barbara (Hanger) and husband Augustine Argenbright July 22, 1811

Frederick Hanger, Jr. July 22, 1812

Peter was just 23 and Charles 25 years old when their father passed. The chancery cause ‘Augustine Argenbright & wife and others vs Peter Hanger, etc.’ wasn’t initiated by the Plaintiffs until 1813—14 years after Frederick Hanger’s death. I suspect Peter and Charles just didn’t have the cash to pay the brothers and sisters legacies. Perhaps the older Hanger siblings wanted to give the younger boys’ time to make good.

Next time the final decree ruling handed down. …

To view the 1819-003 Chancery Cause ‘Augustine Argenbright & wife, etc.

vs. Peter Hanger, etc.’ on the Library of Virginia website click here.

Peter Hanger Answers the Plaintiffs Bill of Complaint and Fires Back

My 4^th Great Grandmother Eve and husband Warner Peters responded to the complaint filed in Superior Court of Chancery at Staunton, Virginia June 7, 1816 by some of her siblings. You can read my blog summarizing her answer here.

A few weeks later 4^th Great Granduncle Peter Hanger got busy with his official answer to the Plaintiffs’ suit known as ‘Augustine Argenbright & wife, etc. vs Peter Hanger, etc.’

Peter admitted his father’s will in court June 25, 1816. (A court clerk prepared a transcription of Frederick’s will included in the chancery file.) Frederick Hanger bequeathed his lands to his two youngest sons Peter and Charles. They were supposed to pay their siblings the value of the land. Frederick Hanger instructed Peter and Charles to pay their siblings 600 Pounds. The 600 Pounds was to be divided equally among their 11 siblings payable on a yearly basis beginning with the youngest sibling continuing to the eldest.

In his answer, Peter states he purchased the land bequeathed to Charles. Peter told the Court he and Charles didn’t consider themselves bound by their father’s will; he had already paid sisters Catherine (and husband John Wise), Betsey (and husband Jacob Thomas), Ann Eliza (and husband Peter Eagle) and Elizabeth (and husband George Eagle).

John Wise Receipt, Image 76, 1819-003 Chancery Cause 1819-003 ‘Augustine Argenbright & wife, etc. vs. Peter Hanger, etc.

Jacob Thomas Receipt, Image 56, 1819-003 Chancery Cause 1819-003 ‘Augustine Argenbright & wife, etc. vs. Peter Hanger, etc.

Peter and Ann Eagle Receipt, Image 53, 1819-003 Chancery Cause 1819-003 ‘Augustine Argenbright & wife, etc.vs. Peter Hanger, etc.

George Eagle Receipt, Image 62, 1819-003 Chancery Cause 1819-003 ‘Augustine Argenbright & wife, etc. vs. Peter Hanger, etc.

As you can see from the receipts above, Peter’s statements were true. Although this doesn’t seem to be the full amount they were owed (about 54 Pounds plus interest). Peter reported he had paid his brother George Hanger 21 Pounds.

Peter further tested the boundaries of his father’s will when he proposed that Charles and he were entitled to an equal share reducing the legacies to each Hanger sibling. Since he bought Charles’ land, he wanted Charles’ share too.

Here’s what was written in Great Grandfather Frederick’s will:

“I order and appoint that my land be Divided between my two sons Charles and Peter so that the run or water Course Shall be the Dividing line and Charles to have the east side and Peter the west side    they paying as follows for the same that is to say Charles to pay two hundred and fifty pounds and Peter Three hundred and Fifty pounds to be divided Among my other children as is after Directed and the said Charles and Peter their heirs or assigns shall fully and freely Enjoy sd land for ever:”

Great Grandfather Frederick gifted his youngest sons with a clear title to his lands. It sounds like Frederick wanted his remaining 11 children to get an equal 1/11^th share (rather than 1/13^th) but you can decide for yourself.

Peter thought his father wished to postpone any payments to the legatees until after the death of his wife, Eva Margreta Mayer.  Great Grandfather’s last will and testament stipulated:

“To my well beloved wife Eve one third of the profits of my land During her natural life one horse and one Cow and one bed and furniture and six pounds yearly out of my Estate and one Iron Pot”

There’s no doubt Frederick wanted Peter and Charles to provide for their mother during her lifetime. When Peter answered the complaint June 25, 1816, Eve Margreta was then living.

Eve would have been entitled to dower rights; traditionally this was 1/3 of the estate. Who can say what Great Grandfather Frederick’s intentions were?  He passed almost 17 years earlier. Did he want all his children to wait for their inheritance? That’s a long wait.

The Chancery Court will decide ….

To view the 1819-003 Chancery Cause ‘Augustine Argenbright & wife, etc.

vs. Peter Hanger, etc.’ on the Library of Virginia website click here

Earlier Chancery Cause 1819-003 blog posts

   What you want and What you get

   Sheriffs Served Summons and Supbeonas

   Great Grandmother Eve Answers the Plaintiffs

Great Grandmother Eve Answers the Plaintiffs

In June of 1816 my 4^th Great Grandmother Eve (Hanger) Joseph and 2^nd 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.

4^th Great Grandfather Daniel was Eve Hanger’s 1^st husband and my ancestor. During the last years of his life, he was heavily in debt. In his will 5^th 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 4^th 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.

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. 

Sheriffs Served Summons and Subpoenas

Last week I told you how 5^th Great Grandfather Frederick Hanger’s children and spouses needed the Augusta County, Virginia Chancery Court to help settle his estate. (See What you want and What you get.)

Brothers Peter and Charles inherited their father’s lands and were supposed to pay each sibling an equal share in annual payments. No legacies were paid so Augustine Argenbright, the husband of Barbara Hanger, acted as the spokesman for his fellow Plaintiffs

Frederick Hanger Jr.’s executors and executrix,

George Hanger,

Martin Hanger and

Jacob Fridley and wife Hannah

in Staunton Chancery District Court.

The rest of the Hanger siblings were named Defendants in the suit.

The Bill of Complaint presented in Court wasn’t dated leaving me to wonder when this action was initiated. I know the bill was filed in the court records April 3, 1816 but suspect the Plaintiffs planned well before this date.

My instincts were right. William S. Eskridge, a clerk in Judge John Brown’s Chancery Court, authorized the Sheriffs in Augusta and Greenbrier Counties to summon

Peter Hanger

Charles Hanger

Charles Shaver (perhaps counsel or lawyer, not a Hanger sibling)

John Hanger

John Wise and his wife Catherine

Peter Eagle and his wife Ann Eliza

George Eagle and his wife Mary Eliza

Warner Peters and his wife Eve and

Betsey Thomas

to appear at Superior Court of Chancery January 3, 1814 to answer a bill in Chancery. The clerk’s summons was dated Nov. 17, 1813.

Peter Hanger, John Hanger, Catherine and John Wise, Eve and Warner Peters were those Defendants living in Augusta County when the citation was issued. Mary Eliza and George Eagle were the Greenbrier County residents. After selling his lands to his brother Peter, Charles left Virginia and moved to Ohio. Betsey Thomas and the Peter Eagle family made their home in Ohio too. Just to let everybody know about the summons would take time.

1814 was a quiet year for the brothers and sisters. No documents, receipts or vouchers of any kind were found in the Chancery cause. Could this mean the Hanger brothers and sisters were hoping to handle things out of court? Or are papers missing from the file?

After publication of a legal notice requesting the Defendants appear in Court April 1815, more summons came out of Judge John Brown’s courtroom. The Greenbrier County Sheriff served Mary Eliza and George Eagle a summons dated April 10, 1815. 

Peter Eagle and wife Ann Eliza Hanger were paying attention to the proceedings from Montgomery County, Ohio. On June 12, 1815, they prepared a signed deposition giving Jacob Argenbright permission to receive and hold any legacy owed Ann Eliza.

No one else answered the Plaintiffs Bill of Complaint. This time William S. Eskridge sent a subpoena rather than a summons Sept. 13, 1815. The document stated “the bill of the plaintiff is taken for confessed”. In other words, if the Defendants didn’t answer to the bill of complaint, the Court would make a final decree on the 10^th day of the next court term.

Three months passed with still no answer from the Defendants. More subpoenas were prepared ordering the defendants to appear in Court. They were risking a penalty for non-appearance.

To be continued …..

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