James Devin
vs
Reynolds M. [?] {
{ Bill
{ steps in Cir Co
1873 Oct 28 [?] to doe
” Nov 12 cont
1874 Feby 19 “Stricken from the docket Pittsylvania Co VA Chancery Court Papers, Feb 1874 Term To their worships the Justices of Pittsylvania County in chancery
sitting: Humbly complaining [then] unto your worships, your orators
James Devin, Clayton Devin, William Devin and John Devin
that their grandfather William Devin departed this life some years
ago, having previously made his will, which has been [previously]
recorded in the sourty court of this county, a copy whereof is
hereunto exhibited as a part of this bill marked A. That by the
said will the testator devised to his daughter Sarah Devin “his
dwelling house, a tract of land adjoining thereto, bounded by the
lines of Wm. Devin, Jr. Joseph Devin, [?] Spraggins and Robert
Devin, including his (then) new survey agreeable to Robert Devin’s
marked line for dividing the said survey”, and also a negro boy
named Alleck & other personal property -- with the condition the
”if this said daughter Sarah Devin should die without lawful heirs
of her body -- she should have a right to dispose of only half the
above devised property (land & [?]) and that the other half
should be equally devided between all his surviving children or
their lawful heirs”. Your orators charge that the said daughter
Sarah Devin has recently died without lawful heir of her body and
that according to the provisions of the said will, your orators are
entitled to their respective shares in the above named land and
negro. Your oratore futher charge that the above land is not
worth the sum of $300 to each distributee and a division of so
small a tract of land would greatly impair its value. Your orators are informed, believe and therefore charge that
their grandfather William Devin died leaving the following children
William Devin Jr (the father of the three first named of your
orators,) Joseph Devin, (the father of the last mentioned one of
your orators, ) Mary Bigger formerly, Devin, Robert Devin and
Margarett Reynolds, formerly Devin; besides the said daughter,
Sarah Devin. Your orators are further advised, believe therefore
charge the the heirs of each of the above named children are
entitled to one fifth part of one half of the aforesaid land and
negro (& other property). The following are the heirs of the
aforesaid William Devin Jr. viz: James, Clayton, & William; of
Mary Bigger, viz John Bigger [?], of Joseph Devin
viz: John Devin & others whose names are unknown -- of Robert
Devin viz: Sally Hurt who married Wm. Hurt. of Margarett Reynolds
formerly Devin, viz: Dabney Reynolds, James M. Reynolds, Wilson
Reynolds, Cassandra Reynolds, wife of Green Reynolds, Rebecca
Reynolds, Jenetta Mahon Formerly Reynolds & others whose names are
unknown. In Tender consideration of the premises and because your
orators are without remidy herein at law and only to be relived in
equity may the said heirs of Mary Bigger, Robert Devin, & Margarett
Reynolds dec’d. be made defts to this bill and
compelled to answer its allegations, may half of the above named
tract of land and the aforesaid negro Alleck be sold and half of
the proceeds accruing from the sale thereof be distributed in the
manner mentioned in the s’d will, & finally may your worships
appoint commissioners to carry the same into effect and may such
other relief be extended to your orators as equity & those case
require & c Joseph Martin JP The joint answer of Dabney Reynolds, James M. Reynolds, Wilson
Reynolds, Green Reynolds & his wife Cassandra, Rebecca Reynolds,
Jenetta Mahon & c
to a bill exhibited against them in the county court of
Pittsylvania by James Devin, Clayton Devin, Wm. Devin & John Devin:
These respondents saving & c for answer, say that they admit
the allegations of the complainants bill & have no objection to the
relief sought by it and having answer & c: The joint answer of Wm.
Hurt & Sally his wife and of Mary Bigger and James Oakes Exr of
said Sarah Devin est. These respondents saving & c for answer, say
that they admit the allegations contained in the complainants bill
and have no objection the the relief therein sought: and having answered & c: James Devin et al
vs
Margarett Reynolds heirs et all {
{ decree
{ This casues was this day heard by consent of parties on the
bill and answers and was argued, by [consent] on consideration
whereof the court doth adjudge order & decree that James A. Devin
who is hereby appointed commissioner, after having given two weeks
notice of the time & place oof sale do sell for six months credit
to the highest bidder one half of the land in the proceedings
mentioned and the negro Alleck bequeathed by William Devin Sr. to
his daughter Sarah and that the commissioner do take bonds with
approved security from the purchaser or purchasers of the said land
& negro Alleck reserving the title to said land till the purchase
money is paid and that they report to court, in order to a final decree. Devin et all
vs
Reynolds et al {
{ Decree for Receiver, commissioner & c
{ This cause this day came on to tbe heard, on the papers
formerly read and upon the report of the commissioner, appointed by
the estate of the late Sarah Devin which the court doth now received
and confirm and upon consideration thereof, doth adjudge, order and
decree that James A. Devin, who is hereby appointed Receiver for
that purpose, after entering into bond with approved security, do
take possession of the bonds in proceedings mentioned above,
collect the money due thereby, when it becomes due and after paying
the cost of this uit disburse it among the heirs according to
law And that the said James A. Devin, who is hereby appointed
commissioner for that purpose, after collecting the whole sum of
money due for said land in proceddings mentioned, do [convey] with
special warranty, the said land to the purchaser and report his
proceedings to court & c. James Devin Jr. et. al.
vs
James M. Reynolds & others {
{ Report of Com’r.
{ The undersigned Commissioner in obedience to a
decree of the county court of Pittsylvania, wherein James Devin,
Jr. & others are plaintiffs and James Reynolds et. al. defendants
after having duly advertized the time & place of sale, did on the
2nd day of December 1848 -- sell the tract of land in the said decree
Mentioned, to the highest bidder and Thos. S. Jones became the
purchaser at the price of four hundred & ninety dollars and thirty
five cents and executed his bond with David H. Clark his security,
payable on or before the 2nd day of June 1849 to me a Commissioner,
which said bond is returned herewith to court with this report, all
of which is respectfully submitted. Given under my hand this 21st day of May 1849. James A. Devin, Comr &c. James Devin Jr. & others
vs
James M. Reynolds et. al. {
{ report
{ The undersigned Commissioner in obedience to a
decree of the county court of Pittsylvania, wherein James Devin Jr.
& others are plaintiffs, and James M. Reynolds et. al. defendants;
after having duly advertized the time & place of sale did on the
2nd day of December 1848 -- sell the negro man Alleck, the said
decree mentioned, to the highest bidder and James Devin became the
purchaser at the price of seventy five dollars and executed his
bond with James A. Devin his security, payable on or before the 2nd
day of June 1849 -- to me a Commissioner, which said bond is herewith
returned to court with this report, all of which is respectfully
submitted. Given under my hand this the 21st day of May 1849. James A. Devin Comr &c Know all men to these presents that we James A. Devin, Wm. A.
Anthony and Jesse Carter, are held and firmly bound unto the
Commonwealth of Virginia in the sum of eleven hundred and thirty
dollars and seventy cents [?] for the payment of
which will and truly to be made we bind ourselves our heirs & c
jointly and severally firmly by thes presents sealed with our
seals and dated this 21 day of May 1849 The condition of the above obligation is such taht whereas by
an order of the County Court of Pittsylvania made in a suit therein
depending between James Devin Jr. & c and James M. Reynolds & c
defendants -- The above bound James A. Devin was appointed to collect the
amount of the bonds executed for the purchase money of the slave
hand in the proceding of the said suit mentioned amounty to the
sum of five hundred and sizty five dollars and thirty five cents Now if the said James A. Devin --
shall failthfully account for and pay all such sums of money as may
come to his hands by virtue of the order of the County Court
aforesiad to such persons as may be authorized to receive the same
then the above obligations to be voied else to remain in full force
and effect. James A. Devin {seal}
Wm. A. [Anthony] {seal}
Jesse Carter {seal} | 