Posted on: Rockingham Co. Va Wills Reply Here: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Va/RockinghamWill/22 Surname: Earman, Wheelbarger ------------------------- ************************************************************ The following document describes a lawsuit filed in Rockingham County, Virginia between Sally Earman Wheelbarger against the administrators of Mychel Earman, Sr.'s will, her brothers, John and Joseph Earman. ************************************************************ Sally Earman Wheelbarger vs. John and Joseph Earman Undated (Written sometime after 1823) To the Honorable Daniel Smith Judge of the Circuit Superior Court of Law & Chancery for Rockingham County. Your oratrix Sally Wheelbarger wife of Mathias Wheelbarger of the County of Augusta by her next friend Samuel Seitz, humbly complaining, showeth unto your Honor, that her Father Michael Earman late of the County of Rockingham departed this life many years since seized & passed (?) of real & personal estate having a last will & testament which was admitted to record in the County Court of Rockingham County, a copy of which is here exhibited as a part of this bill marked W. In the year 1823 John & Joseph Earman brothers of your oratrix and the Executors named in said will qualified and took upon themselves the burden of its execution. It will be seen that said Executors were directed by said will to sell the real & personal estate for the best price and after paying the debts of the Testator, divide the balance equally between his seven children including your Oratrix, it will also appear that said Executors were required by said will to hold the share coming to your Oratrix and to pay over to her the sum of Thirty dollars annually. This provision was made by said Testator for the special benefit of your Oratrix and in order to secure the share allotted to her, to her separate use free from the claims or debts of her husband, who had been imprudent and was then known to be largely indebted. Your Oratrix charges that the portion of said estate to which she was entitled under said will exceeded six hundred Dollars as she has been informed no part of which has been paid to her except one cow and some little articles that she received from the Executors in all not more than Thirty dollars. Your Oratrix is advised that upon a proper construction of said will said Executors must be regarded as holding one seventh of said estate as trustees for her and that she now has the right notwithstanding the lapse of time to call upon them to account for the same and execute the trust confided to them by said Testator. And though your Oratrix is and has been for many years in very needy circumstances, said Executors have wholly refused to pay over to her any part of said trust fund and as a justification of their course say that they have paid over the whole of said share towards the discharge of the debts of the husband of your Oratrix and pretend that it has been done with the consent and approbation of your Oratrix. Your Oratrix is very ignorant of business transactions and cannot read or write, it is therefore possible that she may have been prevailed upon to put her mark to some instrument of writing, without understanding its purpose, by which said Executors may have been authorized to pay over to the creditors of her husband or perhaps to some other person her share of said estate. But your Oratrix charges that she never intended to make such a disposition of said fund, and even if said Executors can produce any such authority she is advised that it is not binding upon her and cannot exonerate said Executors from the responsibilities of accounting for said trust fund. In tender consideration whereof and as your Oratrix is wholly within (unreadable word) except in a Court of Equity, she prays that said John & Joseph Earman may be compelled to render before the master Commissioner of this court an account of the fund directed by said will to be paid over to her annually with the interest that may have accrued on it and that the balance for which they may be held responsible be secured to the separate use of your Oratrix in accordance with the intention of said Testator and the provisions of said will and that the same be decreed & be paid over to your Oratrix at such times & in such proportions as this Honorable Court shall deem reasonable & right under all the circumstances. To that end therefore she prays that John Earman, Joseph Earman and Matthias Wheelbarger may be made defendants to this Bill and compelled to make full, true and just answers to the allegations herein contained on their corporal oaths to the best of their knowledge & belief and that your Oratrix may now have such other and further relief as her case may require & as in duty bound she will ever pray. Sally Wheelbarger By her Consel ************************************************************ Supplementary Document Dated February 2, 1826 Know all men by these presents.... That we Mathias Wheelbarger & Sally Wheelbarger here of Augusta County & State of Virginia do firmly agree to give up the whole of our rights and claims of my Father M. Earmans legacy left to me by his last will and Testament unto Jno. Crickenbarger his heirs, executors, administrators or assigns to which payment will and truly to be now made we bind ourselves for & (unreadable) the whole their Executors-Administrators and each of us firmly by these presents sealed with our seals, dated this 2nd of Feby 1826. Signed sealed and delivered in the presence of me, Christian Early Matthias Wheelbarger Sally (X her mark) Wheelbarger ************************************************************