LITIGATION: Jeremiah and Margaret SIMS, 1836: Orange County, Virginia Contributed for use in USGenWeb Archives by Scott Simpson <[email protected]> http://va.genealogy.50megs.com/ ************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.rootsweb.com/~usgenweb ************************************************************ Bill of complaint; William S. Walker and Mary his wife against Margaret Sims; Orange County Chancery Causes; Reel #575; Index #1836-004; Library of Virginia [Transcriber's note: The Jeremiah and Margaret SIMS mentioned here are apparently the Jeremiah SIMS and Margaret TAYLOR who married in Orange County, Virginia, on January 15, 1789 (Marriages of Orange County Virginia 1747-1810 (1959), by Catherine L. Knorr, page 79). This Jeremiah is probably the Jeremiah SIMS who is mentioned as a son of the testator in the will of one William SIMS (Orange County, Virginia, Will Book 4, page 387 (executed January 21, 1811)). The transcriber is a descendant of William SIMS, but not of Jeremiah SIMS.] To the honorable Richard H. Field Judge of the Circuit Superior Court of Law & chancery for the County of Orange Humbly complaining shew unto the Court your Orator & Oratrix William S. Walker & Mary his wife late Mary Taylor administratix of James Taylor jr. decd., that in the year 1827 at the September term of the Superior Court of Law for Orange, your Oratrix as administratrix of James Taylor jr. decd. her former husband recovered against Margaret Sims two several Judgments amounting to about $313.60 and interest & costs as will more fully appear by a certified copy of said Judgments herewith exhibited marked A. & B; that subsequent thereto an intermarriage took place between your Orator & Oratrix, and the said judgments, having abated by the intermarriage of the said Mary plt. therein with your Orator, were duly served by writs of scire facias, herewith exhibited, marked C & D. in the name of your Orator & Oratrix against the said Margaret Sims, whereon your Orator & Oratrix had judgments for the full amount of principal interest & costs (which will more fully appear by copies ! of said Judgments herewith exhibited marked C & D.) of which said judgment neither the whole nor any part has been discharged. Jeremiah Sims the husband of the deft. Margaret Sims died without will many years, anterior to the year 1827 seized & possessed of a large real & personal estate in the County of Orange, & the said Margaret qualified as the admx. of his estate; on the death of the said Jeremiah Sims intestate, the said Margaret became entitled to one third part of his real estate & slaves for life, & to one third part of the other personal estate absolutely forever. No Dower has ever been assigned to her by the heirs of the said Jeremiah Sims, and by virtue of the act of Assembly in such cases made & provided, she has continued & still continues to hold & occupy the mansion tract of the said Jeremiah. Nor has the said Margaret settled up the estate of her intestate & made distribution thereof. Your Orator and Oratrix further shew that by virtue of their judgments! aforesaid they acquired by operation of law a lien upon the Dower interest of the said Margaret in her husband's estate, but nonetheless the said Margaret not regarding the same, by deed dated the 3rd of September 1833 and admitted to record in the clerk's office of the County Court of Orange on the 3rd Sept. 1833, conveyed to John Woolfolk all her interest in the estate real & personal of the said Jeremiah, in trust for the payment of a certain debt therein mentioned to William Sims, as will more fully appear by a copy of said deed herewith exhibited marked E. Your Orator & Oratrix insist that the said deed as to their judgments aforesaid is null & void, so far at least as it purports to convey the interest of the said Margaret in the real estate of the said Jeremiah. Your Orator & oratrix further shew that the said Jeremiah left at his death the following children, heirs & distributees of his estate, to wit, Elizabeth who intermarried with Joseph Kirtly, Lucretia who in! termarried with James Oliver, Nancy who intermarried with Jefferson Jarrell, William Sims, before mentioned, James Sims, Jeremiah Sims, Mary Sims and Clarissa Sims. Now so it is, your Orator & Oratrix are remediless in the premises without the aid of this court, to the end therefore that the said Margaret Sims, in her own right & as admx. of Jeremiah Sims decd., John Woolfolk, Joseph Kirtly & Elizabeth his wife, James Oliver & Lucretia his wife, Jefferson Jarrell & Nancy his wife, William Sims, James Sims, Jeremiah Sims, Mary Sims & Clarissa Sims may be made defendants hereto and true & perfect answer make to this bill; that her Dower in the estate of the said Jeremiah may be allotted to the said Margaret and that a division & distribution of the personal estate of the said Jeremiah be made so that the said Margaret's portion therein may be ascertained, & to that end that she be required to tender an account of her administration on the said estate before one of the commiss! ioners of this court; that a receiver be appointed to take & lease out the mansion tract aforesaid, or such part thereof as may be right & proper, until the said Dower be allotted, and account to this court for the rents & profits thereof; and that a sale may be had of the trust subject aforesaid, at least of so much thereof as may be bound by the judgments aforesaid, and of all the interest whatsoever of the said Margaret in the sd. Jeremiah's estate, for the purpose of satisfying the said judgments against her; and that such other & further & personal relief may be granted as may be right & proper in the premises, may it please the court to grant the commonwealth's writ of subpoena &c and your Orator & Oratrix will ever pray &c Slaughter & Shackelford pq.