Staunton Spectator
and Vindicator,
Staunton, Virginia
April 4, 1902 edition
Mary
Ann Brown and Mary A. White were cousins, daughters of sisters, and
granddaughters of John Zimmerman, a German emigrant to Augusta County, Virginia.
The
named defendant, Mary A. White, is my 2nd Great Grandmother born
Mary Agnes Brown to James Alexander Brown and Mary A. Carpenter/Zimmerman. Mary
Agnes would later become the wife of John William White. Her mother, Mary A.
Carpenter, (also known as Zimmerman—Zimmerman is a German word meaning
carpenter) was John Zimmerman and Elizabeth Weed’s daughter born May 15, 1819. The
codefendants were 2nd Great Grandmother’s brothers—Henry Weed Brown
and Isaac Stuart Brown.
The
named plaintiff, Mary Ann Brown, born Mary Ann White to James R. White and
Louisa W. Carpenter/Zimmerman would marry Fulton W. Brown in Augusta County,
Virginia. Her mother, Louisa W. Carpenter/Zimmerman was my 3rd Great
Aunt, also a daughter of John Zimmerman and Elizabeth Weed born July 3, 1816. Mary
Ann (White) Brown’s siblings, John Clemens White, Martha Jane White, James
Franklin White and Lucinda Catherine Douglas were the ‘other’ plaintiffs.
The
Browns and White’s intermarried on a few occasions so I prepared the following
relationship chart for the cousins to help understand the lineage.
Chancery
Case 1907-043 revolves around 75 acres John Zimmerman owned in the South River
District. In his will probated March 23, 1858, 4th Great Grandfather
John Zimmerman left his property and house to my 3rd Great
Grandmother, Mary Ann (Carpenter/Zimmerman) Brown “for life”. I was a little
unnerved when I read John Zimmerman’s will and realized he explicitly stated he
wanted to provide ‘a home not subject to the debts of her husband now or
hereafter contracted nor subject to his control in any wise’. He appointed his
friend John S. Ellis a trustee for Mary Ann during her lifetime. Oh dear, I
imagine 3rd Great Grandfather James A. Brown was not happy about
that!
Grandfather
Zimmerman also stipulated after Mary Ann’s death the tract of land was to be
equally divided between her heirs and those of his other daughter, Louisa
Miller. (When the will was probated, Louisa was married to her 2nd
husband, Daniel Miller.)
3rd
Great Grandmother lived on the land for many years. Her sister Louisa moved
with her children to Coffey County, Kansas shortly after the Civil War. Aunt Louisa
died in 1888 and 3rd Great Grandmother passed in 1898.
By
March 1902 it was time for the sisters’ children to get an equal share of the
lands. It was determined that the land wasn’t able to be partitioned and
Commissioner William Patrick deemed the lands would be sold at public
auction.
John
W. White, Mary Agnes’ husband, offered to buy the lands for $800 which was
considered a fair price February 6, 1907.
It
seemed as though the Commissioner was receptive to the sale until J. J. Palmer
appeared in open court and offered an advanced bill of $850 at which price ‘the
land was knocked off to him’.
It
had taken five years for the case to be finally heard and settled on October
10, 1907. Plaintiff Mary A. (White) Brown had died in the meantime (September
1902) and her share was divided between her children—Benjamin Brown, E. B.
Brown, H. H. Brown, R. B. Brown and C. L. Brown.
Louisa’s
other children, John C. White, James Franklin White, Martha J. White and
Lucinda Catherine Douglas individually received $85.60.
2nd
Great Grandmother Mary Agnes White and her brothers, Henry Weed and Isaac
Stuart Brown each got $85.63.
FUN
FACT: Now if you’re up to more family fun and confusion, here’s a new fact:
2nd
Great Grandmother’s husband, James Alexander Brown and Fulton W. Brown, the
husband of plaintiff Mary A. (White) Brown was half-brothers.
Source:
Virginia Memory, Library of Virginia, Digital Collections, Chancery Records
Index website www.virginiamemory.com/collections/chancery
.jpg "John W. White Tombstone, Bethlehem Lutheran Churc")
.jpg "Mary A. White Tombstone Bethlehem Lutheran Church")