[The below was transcribed by Barbara Poythress Neal, in August 2001, from photocopies provided by Craig R. Scott of one of the records found in Mecklenburg County, Virginia Circuit Court Records at the Library of Virginia, where this record has Index Number 1858-015. Square brackets enclose punctuation and comments that were added by this transcriber. The first block of info below is the index info about this record found online at the chancery court index on the Library of Virginia website. Though that numbering indicates that the Library of Virginia indexed it as a document from 1858, the year shown on these documents appears to me to be "1856" with the final digit of the year being written quite differently from the second digit of the year. My review of these photocopied documents indicates to me that there could have been additional documents for this case at some time, whether or not any other documents currently exist. Perhaps other documents for the case could indicate some court action in 1858.] Mecklenburg County, VA Circuit Court Records Index Number 1858-015 CC Plat? NO LVA Reel Number: Not filmed Local Reel Number: Not filmed Image Number - Plaintiffs P1: JONES ETC Defendants D1: ADMR OF HARWELL ETC Surnames: BRACEY CHILDRESS GRIFFIN HARWELL JONES KING PENNINGTON POYTHRESS PURYEAR SMITH WALL Wills: NONE Original Local Case Number: NONE [SHEETS 1-4 are one large piece of paper. Please note that the handwriting of this document is extremely angular, small, and difficult to read. Further, in places the ink bled through from the other side of the paper, making the writing even more difficult to read. Thus anyone having a strong interest in this document is strongly encouraged to examine the original at Library of Virginia. When folded, SHEET 1 serves as the label for this document:] Jones &c v Harwell's admor &c Bill & Exht 1856 July Rules [or possibly Ruler] Bill & exhibit filed. Spa n. ret'd executed on Puryear, Pennington[,] Childress & wife, Poythress & wife, Griffin[,] King, T Thomas, Bracey, D Thomas, N Thomas, E Thomas & B Thomas. Others no Inhab. ord: publication[.] RB Baptist appn. Gdn. ad litem fro David S Thomas to defend his interest. David S Thomas An Infant. [SHEET 2:] To his honor John W Nash[,] Judge of the circuit court for the county of Mecklenburg. Your complainants William Jones & John P Smith respectfully represent unto your honor that at the last term of this court a decree was rendered against your complainants and Reuben A Puryear[,] Sheff [i.e: Sheriff] and administrator of James M Harwell in favor of William A Jones and Rebecca his wife for the sum of $75.10/100 with interest thereon from the 1st day of July 1849 and in favor of William M Tanner & Mary his wife for the like sum of $75.10/100 with interest thereon from the 1st July 1849 - and the costs of Suit which amounted to $39.02 all of which will more fully appear from a copy of the decree which is herewith filed and prayed to be taken as a part of this bill. These decrees were on record against the administrator of the said Harwell for money due from the said Harwell in the distributions of the estate of H F Tanner, on which the said Harwell qualified as Administrator, and against your complainants as his Securities in the administration bond, as those decrees executions issued, and the administration of the said Harwell having no assets of his intestate in his hand to be administered & your complainants not wishing to have their property Levied upon, paid then which will appear from copies of the executions and returns thereon which are herewith filed & prayed to be taken as a part of this bill and by which your complainants became entitled to all the rights of the Plffs in said suit against the estate of the said Harwell. He removed some years since from this commonwealth and died having no estate or assets which had come to the hands of his administrator. But your complainants charge that the said James M Harwell had an interest in remainder in the land and Slaves held by Nancy Thomas[,] widow of Bennett Thomas deceased as tenant for life. The said Bennett Thomas departed this life in 1843, leaving a will[,] a copy of which is herewith filed and prayed to be taken as a part of this bill. [SHEET 3:] By his will the testator gave all his estate consisting of [blank] acres of land lying in the county of Mecklenburg and Several Slaves to his wife during her life or widowhood and after her death to be divided among all his children. The estate of the testator having been properly administered and all his debts paid[,] the land and Slaves were Surrendered to the said Nancy as tenant for life and are now held by her. The Testator at the time of his death left the following children: Charles O Thomas, Richard Thomas, Kadizah Thomas who intermarried with Benjamin Childress, Emaline Thomas who intermarried with George W King, Tabitha Thomas who intermarried with John Wall, Lucy Thomas who intermarried with Thos M Poythress, Rebecca Thomas now Rebecca Griffin a widow, Amanda Thomas now Amanda King a widow, David S Thomas, Ew'd Thomas, Bennett Thomas, & Taylor Thomas, who are remainder heirs and entitled to the said land and slaves after the death of the tenant for life, and your complainants charge that Taylor Thomas one of the remainder heirs sold and conveyed all his interest in this said land and slaves to James M Harwell and Paschal Bracey which will appear from a copy of the deed executed by the said Taylor Thomas & herewith filed and prayed to be taken as a part of this bill & from this deed it appears that the consideration for the said deed was $125 of which $75 was paid by the said James M Harwell. Your complainants are also informed that Charles O Thomas has sold and conveyed his interest in the said land and slaves to William F Pennington. Now the said Reuben A Puryear[,] Sheff and administrator as aforesaid suposes[?] to Sell the interest of the said Harwell in the land and slaves aforesaid to pay the money due to your complainants as aforesaid and the said interest not being liable to an execution against the goods & chattels of his intestate and your complainants being relievable only in a court of equity they [freely?] trust the said Reuben A Puryear[,] Sheff and administrator a[or possibly "&"] aforesaid Nancy Thomas[,] Charles O Thomas, Wm T Pennington[,] Richard Thomas[,] Benj Childress and Kadiza his wife[,] George W King & Emaline his wife[,] John Wall and Tabitha his wife[,] Thomas M Poythress and Lucy his wife[,] Rebecca Griffin[,] Amanda F King[,] Taylor Thomas, Paschel Bracey[,] David S Thomas[,] Ew'd Thomas & Bennett Thomas may be made parties defendants in this suit and be required to answer all the allegations herein contained, and that Nancy Thomas be required to file with [illegible: possibly "land and slaves"] a schedule seting [sic] forth the number, names, ages & sex of the slaves held by her as tenant for life and that the interest of the said James Harwell in the said land and slaves may be Sold by an order of this court and the money paid by your complainants on the judgments and executions aforesaid may be paid to them from the proceeds. The said James M Harwell died a non resident of commonwealth many years since and it is believed that he owes no other debts and if there be other creditors, your complainants are advised that they have priority over them, as these debts paid by your complainants were due from the intestate as the administrator of the said H F Tanner, and that you have or may grant to your complainants all such other and further[?] ask[?] of in the promises as in Justice and equity they may be entitled to and they will ever pray for. [SHEETS 5-6 are back and front of one document, with Sheet 5 serving as the label when the document is folded. The handwriting of this document is much clearer than that of the above document on Sheets 1-4. SHEET 5:] List of Legatees to trust fund held by Nancy Thomas [SHEET 6:] A list of legatees in the trust fund held by Nancy Thomas, widow of Bennett Thomas dec'd[:] Chas. O. Thomas Richd. Thomas Kadizoh Thomas now wife of Benj Childress Emeline Thomas now wife of Geo W King Tabitha Thomas now wife of John Wall Lucy [note "Lucy" was written heavily to cover "Rebecca" which had first been written] Thomas now wife of Thos M Poytress Rebecca J[or possibly "I"] Thomas now Rebecca Griffin, a widow Amanda Thomas now Amanda King a widow David Thomas Edwd Thomas Bennett Thomas Taylor Thomas whose interest was purchased & is now owned by the Estate of James M. Harwell decd and Paschal Bracy - consisting in Real & Personal property to wit - Amt of Real, according to affidavit of W T Pennington & D S Thomas $1,800. Amt of Personal, according to affidavit of D.S. Thomas & T R. Moss $8,375 [underlined] [total of two figures shown as:] $10,175.00 1 Share being 1/12 is $804.58 1/4 & 1/2 of which is 432.29 1/8 & being the interest owned by the Estate of Jas M. Harwell [SHEETS 7-8 are back and front of one document, with the bottom portion of Sheet 8 serving as the label when the document is folded. The handwriting of this document is clearer than that of the above document on Sheets 1-4. SHEET 7:] Mecklenburg Circuit Court[,] September Term 1856 Wm Jones and Jno P Smith Plff, In Chancery against R.A. Puryear shff & admor of Jas M Harwell decd[,] Nancy Thomas[,] Chas O Thomas[,] Wm T Pennington[,] Richd Thomas[,] Benj Childress & Kadizo his wife[,] Geo W King & Emaline his wife[,] John Wall & Tabitha his wife[,] Thomas M Poythress and Lucy J his wife[,] Rebecca Griffin[,] Amanda F King[,] Taylor Thomas[,] Paschal Bracy[,] David S Thomas[,] Edward Thomas[,] & Bennett Thomas[,] Defts It appearing to the Court that the plaintiffs have proceeded agreeably to the [note: ink bled through from the other side of the paper makes one word hard to read here, perhaps "amoile"? or perhaps "amode"?] proscribed by the act of assembly against the absent defendants and more than one month having elapsed since the order of Publication was completed[,] the Court on motion of the plaintiffs by Counsel doth take the bill for confessed as to the absent defendants Chas O Thomas[,] Richd Thomas[,] and John Wall and Tabitha his wife[,] and it appearing to the Court that the process awarded against the [note, a crossed out word appears here, perhaps with "home" written over it] defendants have been duly executed and they still failing to appear & answer the Court on motion of the plff by Counsel doth take the bill for confessed as to them except as to David S Thomas, whereupon this cause came on this day to be heard upon the bill answer of David S Thomas by RB Baptist his Guardian ad litem exhibits examination of witnesses & was argued by counsel on consideration whereof the Court doth adjudge[,] order & decree that one of the Commissioners of this Court take an account of the admon [i.e: "administration"] of Reuben A Puryear shff & as such[,] admor of Jas M Harwell[,] that the said Comr also take an account of the real & personal estate belonging to the said Jas M Harwell & in what it consist & [note: apparently this "&" just indicates that the document is continued on the back] [SHEET 8:] and the value thereof & report the same to the court[,] & the court doth further adjudge[,] order & decree that the said Comr also take an account of all the debts owing by the estate of the said Jas M Harwell with their assignation & prioraties [sic] if any after having first posted notice of the time & place for taking the same at the front door of the court house of this county on the first day of Two successive Terms of the County Court and report the same to this Court together with any special matter deemed pertinent by himself or Required to be so stated by the parties A Copy Teste R.B.Baptist C Cir Co Jones &c v Harwells adm &c A Copy [note: a circle is drawn around "A Copy" here]