Updated November 25, 2022
Circa 1895
To the Honorable Henry Shackleford, Judge of the Circuit Court of Albemarle County, humbly complaining showeth unto Your Honor, Your orators, William A. White, and Susan his wife who sue for the benefit and as the deft of themselves and all the ___ legatees of James GILLIAM deceased, and at the costs of themselves and the other said legatees, who respectfully represent unto your Honor that one of your said orators to with Susan White is one of the grandchildren of James GILLIAM who died in the county of Albemarle about the year 1845 leaving a will in which he disposes of his property to his several children who will herein after are mentioned by the 3rd clause in the will of said James GILLIAM, a copy of which is herewith filed as an exhibit marked “A” and marked to be taken as apart of this will he bequest to his daughter Lucy T. GILLIAM together with other things, two tracts of land, one tract containing twenty three and the other fifty seven acres and also three negroes.
It was further provided in the said 3rd cause of the will aforesaid that if, the said Lucy T. GILLIAM should die without lawful heirs of her body the said land and negroes with their increase were to return back and become a part of the estate of said James GILLIAM and be sold and equally divided amongst the rest of the children of said James GILLIAM as their heirs. (Your orators further represent that the said Lucy T. GILLIAM some time in the year 18__ married one Paul Tilman but never had any issue and the said Lucy T. Tilman died in 18__ leaving no heirs of her body and therefore under the will of said James GILLIAM the land and negroes revert back to the estate of said James GILLIAM and are to be sold for division among his children and their heirs. The Negroes and their increase __ of ___ lost by the ____ of the late war and the ______ alone remains to be sold and the proceeds distributed in accordance with the terms of the aforesaid Will.
Your orators further represent that the estate of the said James GILLIAM was settled up and all debts against it paid many years ago. The executors the said James GILLIAM were Wm. H. Rothwell and Fred GILLIAM both of whom are dead. A copy of the account the sales of the personal property of James GILLIAM's estate is herewith filed to show that there was a large amount of personal assets belongs to said estate, and out of which all the debts against the estate were paid. The heirs of the said James GILLIAM now living and among ___ _____ proceeds of the sale of the hereinto before mentioned tract of land are to be divided are the following, to wit:
Susan Garth, the wife of Bezaleel Garth who lives in Albemarle County, VA
2nd Henry L. GILLIAM (Kentucky),
3rd John GILLIAM (Kentucky)
4th the children of Elizabeth GILLIAM dec’d who was the wife of Charles GILLIAM, the names and numbers of who are unknown but who it is believed to live in Kentucky
5th William W. GILLIAM who it is believed to be dead & if so his children are entitled to his interest, their names and numbers s are unknown and it is believed live in Missouri
6th the children on Nancy Rothwell who was Nancy GILLIAM, the names of said children are as follows: James C. Rothwell (Missouri); Mary Jarman who married Wm. P. Jarman (Nelson Co); Wm. J. Rothwell, F. E. Rothwell, Elizabeth Ramsey, John H. Rothwell (Missouri); Lucy J. White who married N. V. White the plaintiffs in this cause and there are also three infant children of J. H. Rothwell, a son of Nancy Rothwell, their names being Anderson, Willy Alberta, and Molly.
7th the heirs of Dr. Pleasant GILLIAM who are Dr. Jas. T. J. GILLIAM, Mrs. S. C. Gilkerson, and who married __Gilkerson, Mrs. Nancy J. GILLIAM the widow of Dr. Pleasant GILLIAM is the assignee of the interest of William GILLIAM, a son of Dr. Pleasant GILLIAM and there are also ___ infant children of Dr. Pleasant GILLIAM named ______ these are all of the heirs of the said James GILLIAM, There being infants interested in the aforesaid property and it being impossible to effect a sale except through the medium of a court of Chancery, your orators are obliged to resort to it.
Forasmuch therefore as your orators are without adequate relief save in a court of equity where matters of this sort are properly cognizable and relievable they pray that Bezaleel Garth and Susan his wife, Henry L. GILLIAM, John GILLIAM, the heirs of Elizabeth GILLIAM, William N. GILLIAM as his heirs Dr. J. T J. GILLIAM, ______ Gilkerson and S. C. Gilkerson, his wife, Mary H. GILLIAM assignees of William GILLIAM,
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Sources
- Library of Virginia. Chancery Files. Albemarle County. "William A. White, etc., vx. James C. Rothwell, etc." Index Number 1895-186CC