Dear Rick, Wow! Who won? The lawyers, if they got paid. But thank you for providing this information. I do not thank you for showing that I am twice a descendant of the Sparks clan. That means double genes, good and bad, in the line. They do not cancel each other out. No wonder I am Tom the bewildered. ----- Original Message ----- From: "sequoia" <sequoia@pacbell.net> To: <VACULPEP-L@rootsweb.com> Sent: Wednesday, May 07, 2003 9:21 PM Subject: [VACULPEP] Clarke vs. Towles Suit > I guess I will just press on through and finish this. This is another document in the packet sent to me by Lisa Baggett. This also came originally from William B. Newman. It is apparently the suit itself, of Towles vs. Clark. There are a lot of names listed here, which must mean something to someone. If you can understand all of this, my hat is certainly off to you. It seems to define the plaintiffs and the defendants in the suit. I find my Waggener ancestors here, listed apparently as defendants. I certainly don't understand that. All I can say is God Bless all of the lawyers, because I don't know who else is going to bless you. > > Rick Waggener > > Clark's Admr. > > Vs. > > Towles heirs.- > > On the motion of the defendants Joseoh Hume and Nathaniel Tatum leave is given to file their answers, and thereupon they filed the name, to which the plaintiff replied generally, and the defendant, Sarah Hill having intermarried with Christopher F. Fisher, and the defendant Polly Russell Colvis having intermarried with Henry Field, it is ordered that the same be certified, and by consent of the plaintiff and of the said Christopher F. Fisher and Henry Field, it is ordered that this suit be proceeded with against the said Fisher & wife and the said Field & wife - and the defendant Ellen Pratt, the wife of Briscoe Pratt having departed this life, & her estate having been committed to Daniel Ward, Sheriff of Culpeper County, the defendant William D. Colvin having also departed this life and James A. Colvin having duly qualified as her administrator, the defendant Lucy Gibbs having also departed this life and James Gibbs having qualified as her administrator; the defendant Nancy! > Stringfellow having also departed this life and Thornton Stringfellow having qualified as her administrator; the defendant William Towles having also departed this life and George Towles having qualified as his administrator; the defendant John Towles having also departed this life and Thomas C. Brown having qualified as his administrator, by consent of the plaintiff and of the said Daniel Ward, admor- of Ellen Pratt, James A. Colvin, admor. of William D. Colvin, James Gibbs admr. of Lucy Gibbs, Thornton Stringfellow, admor. of Nancy Stringfellow, George Towles admor. of William Towles, and Thomas C. Brown admor. of John Towles, It is ordered that this suit be and stand revived against them respectively and on the motion of the plaintiff the court doth appoint Belfield Cave guardian ad litem of the Infant defendants Mildred Corling, John Brown, Adeline Brown, William Brown, Jane Brown, Sarah Brown, Robert Brown, Armistead 3rown, John Colvin and Sarah A. Conner, to defend th! > eir interest in this suit, and thereupon he filed their answer - And on motion of the defendants William Clark James Gibbs Admor. of Lucy Gibbs deceased &, leave Is given them to file their answer which they filed accordingly, And it appearing to the satisfaction of the court that the plaintiff hath proceeded in the matter prescribed by law against the absent defendants George Wharton, William Wharton, John Wharton, Austin Wharton, Samuel Wharton, Dabney Wharton, Jane Wilson, Martha Hunton, Henry Sparks, Humphrey Sparks, Thomas Sparks, Jarvis Smith and Nana his wife, James Kilby and Lucy his wife, Russell Vawter and Mary his wife, Joseph Eddins, William Eddins, Nathaniel Burdine and Frances his wife, Samuel Burdine and Mary his wife, John Breedlove and Margaret his wife, Pbilamel Vaughter and Nancy his wife, James Waggoner and Elizabeth his wife, Thomas Waggener and Mary his wife, John Waggoner and Sarah > > his wife, Ann Payne. The children of Jane Towles deceased who married Medley, and whose names are unknown, Conner, Oliver Welch, Urial Miller and Belinda his wife, Lewis Wells, Henry Wells. Mary E. Wells, Jane Wells, John Wells, Lydia Wells, Julia Wright, Susan Wright, Edmund Terrell, John Terrell, - Wallace and Nancy his wife, Banton and Elizabeth his wife, Oliver Terrell, James Terrell, Towles Terrill, Smith and Lucy his wife, Douglas and Mary his wife; The children of Robert Sparks deceased, whose names are unknown; The children of Joseph Towles deceased, whose names are unknown; William H. HaII and Robert C. Hill, and the said defendants still failing to appear and answer, on the motion of the Plaintiff it is ordered that the Bill be taken for confesses against the said defendants; and more than two months having elapsed since the filing of the plaintiff's bill - and > > this cause coming on to be heard upon the bill and exhibits therewith, the answer of the defendants William Clark & others, this day filed, the answer of the infant defendants by their guardian ad litem this day filed, and the answer of the defendants Jonas Weaver and Fanny Carpenter, was argued by councel, on consideration whereof the court being of opinion that the legacy of three hundred dollars bequeathed by the testator Henry Towles deceased to the three churches named in the 11th clause of the will, and the bequest contained in the 15th clause of the will of the residue of the said testator's estate in the county of Madison for the purposes therein mentioned are void and that the money and residue of the estate aforesaid contained the said 11th, and 15th clauses of the said will passed by the next of kin of the testator as indisposed estate, as did also the three hundred dollars, bequeathed In the 12th clause of the will to Jonas Weaver for the testator's negro man Geo! > rge, in consequence of the death of George In the lifetime of the testator so far as George would have been concerned therein, and is void as to his children for uncertainty, doth adjudge, order and decree that the defendants Joseph Hume and Nathaniel Tatum, executors of the said last will and testament., do render before one of the commissioners of this court an acc't, of their executorship on the estate of their testator, and also an account between them and the legatees & distributees of the said Henry Towles deceased, which several accounts the commissioner is directed to state, settle and to the court report with any > > matter deemed pertinent by him or which either party may require - said he Is directed to ascertain and report to -the court who are the next of kin of the said testator, specifying by name, the names of such -as can be found out - In taking the said accounts, the commissioner is to regard as correct unless surcharged and falsified, any settlement of the executorship accounts of the defendants Nume and Tatum which have been made before commissioners In the country.- > > A Copy - teste > > 1.. H. Cave, > Madison Co. Cit. Court > > > ==== VACULPEP Mailing List ==== > If you wish to unsubscribe from the Culpeper Co., VA mailing list, send only the word UNSUBSCRIBE to VACULPEP-L-request@rootsweb.comor if you are on the Digest list to VACULPEP-D-request@rootsweb.com > > ============================== > To join Ancestry.com and access our 1.2 billion online genealogy records, go to: > http://www.ancestry.com/rd/redir.asp?targetid=571&sourceid=1237 > >