I’ve
written before about Grandmother’s chancery lawsuit. Today I’m adding a few
more details to the family story.
Mary
Ann White, 30 years of age, found herself a widow and mother of three young children
by Nov. 24, 1856.
3rd
Great Grandmother was the daughter of John Shelly and Elizabeth Stover born in
Augusta County, Virginia. A Methodist
minister married William White and Mary Ann Shelly Jan. 30, 1845. William was a
wagon maker who owned a house and small ¼ acre lot in Mount Sidney. He needed
money and borrowed $77.62 from Jacob K. Stribling in a deed of trust October
29, 1846.
William White’s
Indenture to Jacob K. Stribling
William
died before paying off the debt. Jacob K. Stribling didn’t fare much better
dying Sept. 10, 1854.
Oct.
25, 1855 Nicholas K. Trout, acting as Mr. Stribling’s administrator, appeared
in Circuit Court before Judge Lucas P. Thompson naming William White’s widow
along with her infant children, John William, Jane Maria and Margaret, as
defendants to recover the debt. He wanted to sell William White’s property but
couldn’t until Mary Ann got her 1/3 dower share.
Chancery
causes required the defendant to respond to the plaintiff’s bill of complaint
but Mary Ann hadn’t answered Trout’s bill by July 2, 1856. Since minor children
were involved, the Commissioner appointed Nicholas C. Kenney as a guardian to
John W., Jane Maria and Margaret.
The
Court was of the opinion that the dower estate could not be assigned to Mary
Ann White because she wasn’t in possession of it. The Commissioners decided to
rent out the property for twelve months while Mary Ann White received one-third
of the rent and Nicholas K. Trout the remaining two-thirds. After twelve months,
the property would be sold to the highest bidder.
Great
Grandmother consented to the sale of her husband’s land Nov. 24, 1856. In
January 1857, Wm. Shumake became the new owner of William White’s property.
Mary Ann White’s
Answer to Bill of Complaint
Mary
Ann remained close with her husband’s family. She was living with a
sister-in-law in Mt. Sidney when the 1860 federal census was enumerated.
William Shumake, who bought William White’s property, was their neighbor. Great
Grandfather’s brother, John White, and his family were close by too.
After
the Civil War ended, Grandmother married George Huffman in Rockingham County,
Virginia August 27, 1865. They became parents April 1868 when Ella Susan
Huffman was born.
Grandmother
died March 7, 1891 and is buried in the Bethlehem Lutheran Church, Ladd,
Virginia near her son, John William White.
You
can view Chancery Cause 1858-071 at the Library of Virginia website here.
Source:
Chancery Suit Nicholas K. Trout vs. William White heirs
Index
No. 1858-071, Library of Virginia, Virginia Memory,
Chancery
Records digital image collection