1789-005 ............Chancery Papers: Johnson vs Johnson's admr et al ..............3/1789 Southampton County ------------------------------------------------------------------------------------------ [Continues on next page] Johnson ......} Pet v ............} Johnson Ad ...} Ansr & others .....} .......March 1789 .......Decree & ???? ------------------------------------------------------------------------------------------ [Continues on next page] ..To the worshipful judges of Southampton County sitting in ..Chancery Elizabeth Johnson widow and Relic of Simon Johnson Junr decd Humbly sheweth that your Ora??y was seized formerly of our ???? Haved named Patience & intermarried with the said Simon who by virtue thereof possessed himself of the said slaves & fortune about the year 170 .departed this life intestate leaving your Ordering & two children Namely Sarah and shepherds possessed of a little more than the aforesaid slaves. Patience And her increase to what two small children that Ad?? ??? on the estate of the said Simon her husband has been granted unto Simon Johnson the elder who hath possessed himself of the said slaves.- but that such slaves have by the laws in force at the death of the said intestate descended to the said Sarah and Temperance nevertheless to the Dower of your Ordering therein. You're ordering for their share of the that the ????? that her dower may be allowed & set apart in the said slaves. & hath applied herself well to the Admor as to the said Sarah and Temperance who are infants of tender years And the Admor pretends that it it is not his ?????? to set apart such Dower and the aforesaid Sarah and Temperance being infants can not consent to the same so as make the same lending. In tender consideration whereof and for as much as your Order is without remedy but by the timely interposition of the Court. To the end therefore that the said Simon Johnson the elder admor of the said Simon Johnson decd & the said Sarah and Temperance daughters & coheirs of the said Simon by their guardian to be appointed by this Court mat severally upon upon their corporal oaths full force & perfect answer as if the same were again repeated & interrogated & more especially that they mat set forth where her the said Simon Johnson junr decd did not die seized of such Slaves to wit Patience & her increase have not such slaves descended to the said Sarah & Temperance as the daughters an coheirs of the said Simon Johnson decd subject however to your ????? dower therein And that this Court will Decree & Order that the same fit & proper fees out to be appreciated by the Court. allot assign & set apart the dower of your Or???? in the slaves aforesaid & their increase whereof the said Simon Johnson junr decd seized and possessed that such persons make report thereof to this Court so that the same be made firm stable & binding between your Or???? & the said Coheirs or if the Circumstances or you Orat??? can require that this Court Will make such further or other Decree in the in the premises as may be for the relief of your Orat??? & agreeable to be equally & goo Conscience May it please etc ..........................................Hello for Compts. ------------------------------------------------------------------------------------------ [Continues on next page] ..The joint answer of Simon Johansen the elder Admor of the ..Simon Johnson decd to the bill of Complaint of Elizabeth ..Johnson widow of the sad Simon junr Complt The defendant saving & reserving to himself all advantages of exception to the errors & imperfections of the complaint and befor answer thereto this defendant saith that it is true that the said Simon jun intermarried with the Complt, that he sometime after party departed this life interstate leaving the Complainant his widow and the other defts. Sally and Temperance is children who are infants of tender years. Seized & possessed of the Slaves in the Bill name to wit Patience & two small children & and a little more than sufficient to pay his debts, that this defendant hath the said sleaze in his possession as admor no guardians having yet been appointed to the children to whom this said Slaves descended on the death of the same intestate. that the said slaves have been a constant charge to the estate ever since the death of the interstate an annual Sum being obliged to be paid for their support. that all the personal estate is already expended & the thereof threatens the Seizure of some of they said slaves & selling them to discharge the taxes arriving by the Laws on this kind of property that this defendant is willing and desirous to deliver up Dee said sleeves for the purposes in the bill whenever this Court shall order & decree & direct & submit himself to the Decree of the Court in the premises and prays to be hence dismissed with her costs in their behalf most unjustly sustained. without that has etc. ------------------------------------------------------------------------------------------ [Continues on next page] The separate answer of Sarah and Temperance Johnson infants by Richard Doyle .......their Guardian to the bill of Complaint of Elizabeth Johnson Complainant That defendants sing to themselves all advantages of exception to the errors and imperfections of the Complainants bill for answer thereto these defendants say that being inference of tender yours they are quite unacquainted with the transactions in the bill set forth except that they believe it is to be true that their father Simon Johnson departed this life interstate leaving the Complainant his widow & these defendants his Children that there is descended & come to these defendants the negroes Patience and two small Children subject to the dower of the Complainant but these defts are in the form that the said slaves from their peculiar situation of age & sex are incapable of either allotment of Dower or partition between the defendants that they are an Annual Charge & now subject to destress & sale by the Sheriff for their taxes which these defendants are unable to discharge without the particular interpo??tion of the Court. These defts are willing to submit themselves to the Decree of the Court in the premises humbly hoping that such rights as they are entitled to may be reserved to them & pray to be hence dismissed with their Costs without that etc. ------------------------------------------------------------------------------------------ [Continues on next page] ------------------------------------------------------------------------------------------ [Continues on next page] At a court held for Southampton County the 13th Day of August 1789 ~ The person supported to make division of your estate of Simon Johnson decd between the widow and Children making their . report. - It is ordered that David - Barrow, Daniel Simmons, and Hardy Pope reconsidered the same & make report to the next Court the separate value of the two Young Negroes etc. ---- .A Copy Sam Kello Clk .............~~~~~~~~~~~~~ ------------------------------------------------------------------------------------------ [Continues on next page] Johnson } vs .....} Chy Johnson } report ------------------------------------------------------------------------------------------ [Continues on next page] In Obediace to an Order of the worshpful Court of Southampton bearing date March 1789 to us directed, to allot & set apart the dower of Eliza Johnson, Widow of Simon Johnson Decd., in certain Slaves thing and mentioned. which when we came to see banned from their size and Value an impossibility of making an equal division between the Mother and two Orphans the Negros consisting of a woman which we judge to be worth £50 and two small children which we suppose to be worth about £32"_"_ and little or no other estate therefore we conclude only to report their circumstances as above Mat 26th 1789 ......................D. C. Barrow ..................................Daniel Simmons ..................................Hardy Pope ------------------------------------------------------------------------------------------ Received by the STP from Fenton Harrison on 1/19/22 ------------------------------------------------------------------------------------------