PART 2 of 2 ----------------- Rockingham County Chancery Suit Samuel Swank, Plaintiff VS Isaac A. Bushong et al, Defendants 19th March 1866 The separate answer of Isaac A. Bushong and Sarah his wife to a Bill of Complaint exhibited in the County Court of Rockingham County by Samuel Swank against these Respondents and others. The Respondent saving and reserving for themselves all just and proper exceptions. The Complainant's Bill in response thereto answer and say: They admit the death of Joseph Swank, the death date year and Probate of his Will, the qualification of the Guardian of the infant children and the assignment of the widow's Dower. Respondent deny the complete purchase of the interest of Complainant's brother of one ninth and charge and offput that the contract has been set aside. Respondent object to the partition of the Land, the share of Respondents would be about 20 acres and after the death of the Widow about nine acres in the Dower land. The Lots would be so small that they would be of little value and cannot be partitioned so as to do justice to all the devisees. Respondents think that although Complainant has control over the interests of his Wards, that he is not consulting their interests in asking for a partition of their Lands. Respondents further charge that a question arises under the Will whether the children of Respondents are not invested and if so ought they not be made parties to this suit and whether the charges for the support of the children that are infants are not a charge upon the land and if partition is made of the lands have they charge is to be made. Respondents having fully answered deny all charges and combination and pray to be hence dismissed with other costs. Rockingham County to wit: The affidavit sworn to by Isaac A. Bushong before me this 19th March 1866. S. W. GAMBILL, Clerk Rockingham County ------------------ In the County Court of Rockingham In Chancery 18 April 1866 Samuel Swank, Plaintiff VS Isaac A. Bushong et al, Defendants On the motion of the Plaintiff Mary E. C. Bushong, Henry T. Bushong, Isaac N. Bushong, Luther D. Bushong, Emily Bushong, John S. Bushong, James A. Bushong, Sarah A. L. Bushong, Charles L. Bushong and Joseph A. Bushong infant children of Isaac Bushong and Sarah his wife, are made Defendants in this Cause and S. W. Gambill is assigned as Guardian ad litem to them, who thereupon filed their answer, to which the Plaintiff replied generally. And on further motion of the Plaintiff William D. Trout is assigned as Guardian ad litem to the infant Defendants Lydia Frances Swank and Lucinda {Louisa} V. Swank and filed their answer to which the Plaintiff explained generally and therefore this cause came on to be heard this 18th day of April in the year 1866. Upon the Bill and Exhibits. The answer of Noah Beery and wife and Isaac A. Bushong and Sarah Bushong his wife and of the infant Defendants; the children of Isaac A. Bushong and wife and of the Testator Joseph Swank by their Guardian ad litem this day assigned them, with Respondents to said Answers and it appearing to the Court that the Summons ordered in this Cause has been returned executed upon on all the other Defendants more than two months, this Bill as to them is taken for .... whereupon the argument of Counsel being heard upon consideration thereof this Court doth adjudge, order and decree that William R. Hopkins, John H. Ralston Sr., George H. Chrisman, John Funk and Peter Swank who are hereby appointed commissioners for that purpose or any three of them to proceed to make partition of the 200 acres of land in the Bill mentioned and allot and assign to the Plaintiff Samuel Swank two ninths thereof being his own and the share of Joseph H. Swank and two ninths thereof to the two Infant Defendants Lydia Frances and Louisa V. Swank adjoining the Plaintiff Shares of Two ninths of in the Judgement of the Commissioners and can be done without prejudices to the rights of the others and assign outright each to Peter Beery and wife, Noah Beery and wife adjoining each other of the same can be done without injustice to others the said Peter Beery having purchased the share of Noah Beery and wife and said Commissioners will make partition of the remaining three shares of one ninth each if required by the parties giving 1/9 to the said Sarah Bushong and her children, 1/9 to John H. Ralston and wife and 1/9 to John Swank and make reports to this Court at the next Term. S. W. GAMBILL, Clerk Rockingham County A copy -------------------------- Rockingham County Virginia Chancery 20 October 1866 Samuel Swank, Plaintiff VS Isaac A. Bushong et al, Defendants This cause having been originally brought in the County Court of Rockingham County on the Chancery side thereof in order to obtain a partition of the real estate of Joseph Swank deceased among his devisees, and a decree having been rendered in said Court for a partition as prayed for in Complainants Bill And a question arising as to the interest of the Testators daughter Sarah wife of I. A. Bushong under the Will of her father, the said Joseph Swank deceased. This cause was duly removed to this Court for a proper construction of said Will and now this cause coming to be finely heard this 20th day of October 1866, upon the papers filed and proceedings therefore heard that the Court doth adjudge order and decree, that Sarah Bushong the wife of I. A. Bushong and a daughter of Joseph Swank deceased takes under the provisions of said Joseph Swank's Will an estate in fee simple in the lands devised to her and that her children take noting by said Will. and it is further ordered that I. A. Bushong and wife do pay all the costs that have accrued in this Court in this case. ------------------------ Researched, Transcribed and Submitted by Gloria Neiger Bushong