Goochland Lawsuit

Transcript of Summons
Goochland County Chancery Papers
1801-22

The Commonwealth of Virginia to the sheriff of Goochland county greeting: you are hereby commanded to summon

Robert Edwards and Sarah his wife, commonly called Sarah Jordan

to appear before the justices of our county court of Goochland in chancery at the CtHouse on the third Monday in next August to answer a bill in chancery exhibited against them by Charles Jordan, Samuel Jordan, Reuben Jordan, William Jordan, John Jordan, Matthew Jordan, Oba Jordan, James Fore and Elizabeth his wife, John Miller & Sarah his wife, children of James Jordan dec’d.

And this they shall in no wise omit under the Penalty of £100 each and have then there this writ. Witness William Miller clerk of our said court at the Courthouse this 21 day of July 1801 in the 26 year of our foundation.

Executed July the 30th 1801 on Robert Edwards & Sarah Jordan

Plea
Jordan &al.
V } spo in chg.
Edwards &ux.
18th Aug. Bill filed & time for ans x
Sep & Oct For time for ansr
Novr For time for ansr
Dec Dism’d by pltf

Court Transcript
Goochland County Chancery Papers
1801-22

[Image of Original – Page 1]

[Image of Original – Pages 2 and 3]

To the worshipful court of Goochland sitting in Chancery; humbly complaining there of our worships, your orators & oratrixes Charles Jordan Samuel Jordan Reuben Jordan William Jordan John Jordan Matthew Jordan Oba Jordan James Fore and Elizabeth his wife John Miller & Sarah his wife children of James Jordan dec’d
Children legatees under the last will & test [page torn] Jordan decd that some time in the year of our Lord 1781 their father James Jordan departed this life having first duly made and executed his last will & testament which was after his decease admitted to record in this worshipful court a copy of which will is annexed to this bill & made a part thereof, that among other bequests in the said will the said James devises to his wife Sarah Jordan during her natural life or widowhood, the whole of his estate both real & personal; and at the death or marriage of his said wife, the said testator further devises that the whole of his said estate both real and personal may be sold and the money divided among his children [few words illegible] all which things will more fully apply referring to the said will. Your orators and oratrixes further represent that they have reason to believe that the said Sarah Jordan their mother has intermarried with a certain Robert Edwards/whom together with the said Sarah they pray may be considered as defts: to this their bill/ which said intermarriage has taken place some time since, as they have reason to believe, from the scknowledgements of the said parties that they were married, and also from the circumstance of living together in all respects as man and wife–your orators & oratrixes further state that they never would have disturbed their said mother from the enjoyment of said estate during her life, had they not reason to fear that the said Robert Edwards by his misconduct would dissipate the estate or greater part of said property But now so it is may it please the court, that the said Robert Edwards & Sarah his wife, notwithstanding the promises do refuse to deliver to your orators & oratrixes the said estate, pretending that they are not married–In tender consideration whereof and inasmuch as they are remedy–at common Law matters of this nature being properly cognizable in courts of equity–To the end therefore, that the said Robert Edwards & Sarah his wife may on their corporal oaths true & perfect answer make to the allegations of this bill; and of it state the opinion of your worships, that an intermarriage has taken place between the said Robert Edwards & Sarah Jordan; that your worships would decree a sale of the said estate both real & personal according to the said will, and that your worships would appoint Commissioners to make sale of said estate & report their proceedings to this court in order a final decree; and that your worships would further do in the premesis what shall be content with equity & the rules of this court may it please your [missing–page torn] orators & oratrixes the Commonwealth’s writ of subpoena, directed H Commanding H as your orators & oratrixes will ever pray H