Lewis County Document submitted on Alfred Beauchamp vs. Schoonover's Admr. 1837
TRANSCRIBER'S NOTE:
This transcription is taken from photocopies of handwritten records. These photocopies were provided by Patt Seitas.
Where the copy is partially illegible, words or word endings that seem obvious from the context are used. An educated guess
is shown by brackets [ ]. Where the copy is entirely illegible or missing, this is shown by underlined ___ spaces.
Misspelled words are as found in the document. (The individual who made or proofread this document in the 1800s had underlined
some words to show that he was copying or noting them as found. Those particular instances are not noted here.)
"Copy of the Sale Bill &c of Solomon Schoonover dec'd"
Will (1835) & Sale Bill (1836) of Solomon Schoonover
************************************************************
TRANSCRIBER'S NOTES:
This transcription is from photocopies of handwritten lists.
The photocopies were provided by Patt Seitas.
These lists, and other documents here, were copies created by the Lewis County Clerk.
The columns showing amounts paid were partially unreadable on the photocopy; they are not shown here.
* = illegible or unclear
[ ] = best guess
************************************************************
July the 29 - 1835
I Solomon Schoonover doth dose this day make my Will, and
Wills my Land to William and Daniel Schoonover and farming
instruments, and Wills my Wife all of the rest, of the
property ontil her deth, and my House to her while she
lives, and at her deth this is Williams and Daniels - this
is his last Will this given from under my hand and Seal
Solomon Schoonover {seal}
Teste S. B. Townsend {seal}
L. L. Townsend {seal}
Lewis County January Term 1836
Justices present, Nicholas Gibson, Michael Stump, John S.
Camden & Jesse Cunningham
On motion of Hezekiah Stout, and for reasons appearing
to the Court, it is ordered that the said Hezekiah Stout,
be appointed Curator of the Estate of Solomon Schoonover
deceased Whereupon the said Hezekiah Stout who made Oath,
and together with Weeden Huffman and Thomas Bland his
Securities entered into and acknowledged a bond in the penalty
of $500. conditioned as the law directs, he is appointed to
collect, and preserve the goods and Chattles of the said
Solomon Schoonover deceased, and make Sale thereof, until the
further order of the Court
Teste
J. Talbott C.L.C.
Lewis County Court February Term 1836
Justices present, Weeden Huffman, William McKinley, Jacob
J. Jackson and Minter Bailey
On the motion of Hezekiah Stout who made Oath, and
together with Weeden Huffman and Thomas Bland his securities,
entered into, and acknowledged a bond in the penalty of $500.
conditioned as the law directs, Certificate is granted the
said Hezekiah Stout for obtaining letters of Administration
on the decedents Estate with the Will of Solomon Schoonover
deceased annexed, in due form
A Copy Teste
J. Talbott C.L.C.
The following is an additional list of personal property Accounts and Notes belonging to the estate of Solomon
Schoonover deceased not heretofore returned - Feby. 15th 1836
One pair of Plough Irons
One Hog
One crock, Nippers and trowel
One Long Hoe
One Account on John W. Stout for bacon bought in June 1835
One " on Isaac G. Lynch for same March 1835
One " on Samuel M. Brannon for Corn February 1835
One " Philip McNemar for one large beef Cow August 15th 1835
One order on Leonard Vandegrift for three bushels and a half Corn from W. Schoonover
One recpt from John Lorentz for J. Schoonover
One Account on James Schoonover
One Note given from James Schoonover to C. Waldo October 14th 1836
One due bill on James Schoonover to Bland & Newlon 1st day of August 1829
One order from Aron Holbert to S. Schoonover for one keg of brandy
Recpt from Wm. McKinley to S. Schoonover for James Schoonover
One Note from Wm. Schoonover to C. Waldo 12th of September 1833
One Note on Michael H. Haverty 11th May 1834
Due bill from A. Schoonover to A. Britton 8th day of December 1831
One Note on Solomon B. Townsend due Daniel Schoonover
Hezekiah Stout Adminr
with the Will annexed
Lewis County Court March Term 1836
The foregoing additional Appraisement of the personal
estate of Solomon Schoonover deceased was presented in open
Court and ordered to be recorded
Teste
J. Talbott C.L.C.
A Copy Teste
J. Talbott C.L.C.
Hezekiah Stout Admin &c 2 beds ***
" same " one 6 hundred ****
" same " 4 head of Hogs
" same " 8 pounds of Wool
" same " 2 Cakes of Sugar
" same " 1 tin bucket 1 tin pan
" same " 1 set of table spoons 1 set of tea spoons
" same " 1 set of candlemoles & 1 pint & half pint cup set
" same " 1 Reel
" same " 1 Washing Tub
" same " 1 Basket
" same " 1 Testament
" same " 1 flax break
" same " 1 Milk crock
" same " 1 Rye Stack
" same " 1 heep of Corn
" same " 1 meat tub
" same " 1 lot of Corn
Micha Cuzadder One pare of Stillards
J. W. Stout 2 Leader bucket
Strawther Goff 1 Tin bucket
George Linch 1 Meal Siv
Strawther Goff 1 tin bucket horn
J. W. Stout 1 Bible
John Burk 1 Churn
J. W. Stout 1 half bushel
Wm Coonrad 1 Spinning Wheel
H. Stout Jr 1 Auger
J. W. Stout 1 Iron Square
A. W. Hacker 1 fire Shovel
George Collins 1 Auger
A. W. Hacker 1 Auger
John Burk 1 Skillet
J. W. Stout 1 Cag
J. W. Stout 1 Sugar barrel
Cline Collins 1 Shovel plow
J. P. Bond Tomahawk
A. W. Hacker Chizzles
H. Stout Jr 1 drawing knife
Isaac G. Linch 1 Corn Cutter
E. T. Townsend 1 hammer and one pace Iron
Levi S. Townsend 1 Ink stand and Gimblet
Wm Conrod 1 Curry comb
Elizabeth Stout 1 pare of Cotton Cards
Wm Conrod 1 pare of Wool Cards
Wm Collins 1 Cutting bo**
N. Schoonover 1 Grubbing Hoe
Elijah McNemar 1 pare of chains
Strawther Goff 1 Razer & case
J. W. Stout 1 Meat tub
J. A. Goff 1 Loom & quill Wheel
George Collins 1 Collar & Harnes
M. H. Haverty 1 Six hundred Reese
James Schoonover 1 Tenant Saw
Thomas Boilon 1 Log chain
Thomas Stout 1 Ax
Isaac G. Linch 1 Small Ax
Thomas B. Stout 1 Clivice
M. H. Haverty 1 pare of ***
H. Stout Junior 1 Iron Widge
Samuel M. Brannon 1 Arithmetic
Philip Rutherford 1 Sythe
Isaac G. Linch 1 pare of Stillards
Thomas Stout 1 pare of Sheep Shears
I. G. Linch 1 pare of Scissors
Jesse Stump 1 pare of Pinsors
S. B. Townsend 1 bunch of Led
P. Reatherford 1 bunch of Powther
S. B. Stout 1 Stew Kettle
I. G. Linch 1 Small Pot
Jesse Stump 1 Oven and Lid
J. B. Stout 1 big Pot
S. B. Stout 1 big Kittle
S. B. Stout 1 big Kittle
H. Stout Junior 1 bar plow
J. W. Stout 1 Riffe Gun
John Burk 1 Skillet & lig
J. G. Linch 1 big Skillet
Jesse Stump 1 Small Jug
Elizabeth Wiant 2 Small crocks
Elizabeth Stout 2 Small pans
George Collins 1 Flat Iron
John Burk 1 Strainer
P. Reatherford 4 Small pans
Elizabeth Stout 1 Ladle
J. W. Stout 1 Funnel
S. B. Townsend 3 Tin Cups
Elizabeth Wiant 3 Tin Cups
P. Reatherford 3 Tin Cups
Elizabeth Wiant 1 Candle Stand
J. P. bond 1 Cream Cup
Elizabeth Wiant 1 Tea Pot
Wm Coonrod 4 White plates
S. B. Townsend 1 Pepper box
J. P. Bond 1 Salt Stand
Mary Ann Schoonover 6 blew edged plates
Mary Townsend 3 Small plates
J. W. Stout 3 liver pool plates
J. P. Bond 6 liver pool plates
Elizabeth Wiant 1 bottle & 1 Dish
Elizabeth Wiant 2 Bowels
Philip Reatherford 2 Bowls
Mary An Schoonover 1 Coffee Pot
Elizabeth Stout 1 Coffee Pot
Jesse Stump 1 Set of knives & forks
Nicholas Schoonover 1 Bottle
J. P. Bond 1 Set of tin Cups and Saucers
J. W. Stout trowel and Chisels
C. B. Conrod 1 Long Hoe
Strawther Goff 3 Ch****
Micha Luzader 1 Writing Slate
John Sprinstone 1 broad Hoe
A. W. Hacker 1 broad Hoe
H. Stout Junior 1 bed stid & Cord
James Tallman 1 bed stid
John Linch 1 Trunk
John Burk 1 Small box
James J. Arnold 1 B** Stand
John Keller 1 Rick of Flax
John Haddon 1 Rick of Flax
Wm. R. Goff 1 Rick of Oats
Wm. Schoonover Oats
Nicholas Schoonover 1 Grind stone
James Tallman 1 Long ****
S. B. Townsend Lot of corn
Cline Collins lot of corn
James J. Arnold 1 White Heffer
James Schoolcraft 1 brown Heffer
Micha Luzader 1 brown Cow
Strawther Goff 4 Sheep
J. A. Goff Plank on the Joices
J. A. Goff 1 Cupboard
J. A. Goff 1 Table
John W. Stout Oats
James Schoolcraft 1 lot of Corn
M. H. Haverty 1 lot of Corn
A. W. Hacker 1 lot of Corn
James Schoolcraft 1 lot of Corn
Thomas Stout lot of corn
" " 1 lot of same
Wm. Schoonover 1 lot of Corn
James J. Arnold 1 lot of Corn
M. H. Haverty 1 lot of Corn
S. B. Townsend 1 lot of Corn
S. B. Townsend 2 Wheat Stacks
Wm Schoonover 1 Horse
The within is a true account of the Sale bill of the
effects of Solomon Schoonover decd to the best of my
knowledge &c
Hezekiah Stout Administrator
with the Will annexed
$84.76¼ this 16 day of Feb. 1836
The full amount if I have maid no mistake is three
hundred _____ twenty eight one fourth cents $300.28¼
N.B. The farming utinsils come to [26.13¾]
Lewis County Court March Term 1836 The foregoing Sale bill
of the personal estate of Solomon Schoonover deceased was
presented in open Court and ordered to be recorded
Teste J. Talbott C.L.C.
A Copy Teste
J. Talbott C.L.C.
Hezekiah Stout - Summons 09 Dec 1837
**********************************************
TRANSCRIBER'S NOTE:
This transcription is from a photocopy of a handwritten document. The photocopy was provided by Patt Seitas.
Alfred Beauchamp
)
vs ) Spa chy.
)
Schoonover's Admr
Jany. Rule day 1837
not Executed for want of time
____ Hall
Cryer
Came to hand 27th of December 1837
The Commonwealth of Virginia to the Cryer of Lewis
County, Greeting:
You are hereby commanded to summon Hezekiah Stout
Administrator with Will annexed of Solomon Schoonover
deceased
to appear before Judge of the Circuit Superior
Court of Law and Chancery, holden at Weston, for the
county of Lewis, at rules in the Clerk's office of the
said court on the first Monday in January next to
answer a bill in chancery exhibited against him &c. in
our said court by Alfred Beauchamp
and unless he shall answer the said bill within four
months thereafter, the court will take the same for
confessed and decree accordingly and this He shall in
no wise omit, under the penalty of 333 1/3 dollars and
have then there this writ. Witness John Talbott, Clerk
of our said court, at Weston, the 9th day of December
1837 and 62nd year of the commonwealth
J. Talbott
Daniel & William Schoonover - Summons 10 Feb 1838
**********************************************
TRANSCRIBER'S NOTE:
This transcription is from a photocopy of a handwritten document. The photocopy was provided by Patt Seitas.
Brackets [ ] indicate transcriber's comment.
Ka [Kanawha]
Beauchamp
)
vs ) Spa Chy.
)
Schoonover &c
April Rules
1838
The Commonwealth of Virginia to the Sheriff of Kanawha
county, Greeting:
You are hereby commanded to summon Daniel Schoonover
and William Schoonover Devisees of Solomon Schoonover
deceased
to appear before the Judge of the Circuit Superior
Court of Law and Chancery, holden at Weston, for the
county of Lewis, at rules in the Clerk's office of the
said court on the first Monday in April next to answer
a bill in chancery exhibited against them &c in our said
court, by Alfred Beauchamp
and unless they shall answer the said bill within four
months thereafter the court will take the same for
confessed and decree accordingly, and this they shall
in no wise omit under the penalty of 333 1/3 dollars each
and have then there this writ: Witness John Talbott,
Clerk of our said court, at Weston, the 10th day of
February 1838 and 62nd year of the Commonwealth.
J. Talbott
Beauchamp vs. Schoonover's Admr - Court Order 1841
**********************************************
TRANSCRIBER'S NOTE:
This transcription is from a photocopy of a handwritten document. The photocopy was provided by Patt Seitas.
Alfred Beauchamp
)
vs. ) Co of order
)
Sol. Schoonover's admr
Fall term
1841
A copy delivered
A ... Fell Ds for Bo..... SLC
Circuit Superior Court of Law and Chancery for Lewis
County Spring Term 1841.
Alfred Beauchamp )
vs. ) In Chy.
Solomon Schoonover's admr )
Ordered that Master Commissioner Lorentz ascertain
and report to this court at the next term thereof the
annual value of the rents and proffits of the land named
in the bill and also the amount of the Plffs claim against
the said land, as also the amount of all other leins,
claimed to be on the said land
A Copy. Teste
Jno. Talbott clk
Appraisement Bill of Solomon Schoonover Dec'd 1836
************************************************************
TRANSCRIBER'S NOTES:
This transcription is from photocopies of handwritten documents. The photocopies were provided by Patt Seitas.
This document was a copy created by the Lewis County Clerk.
The columns showing money values were partially unreadable on the photocopy; they are not shown here.
In the list of personal belongings, spelling is retained.
But, capitalization was erratic, and will only be used here for the first word in a line.
' is used for a contraction not already punctuated.
* = illegible or unclear.
[ ] = transcriber's comments.
[Cover]
Copy of the Appraisem't Bill
of the personal Estate of
S. Schoonover Dec'd
Fee 71 Cts
[Page 1]
The Appraisement Bill of S. Schoonover January the 15th [1836]
We John A. Goff and Currence Coonrod and Vincin Alex'der
according to appointment and after being sworn have valued
property of Solomon Schoonover deceast Viz.
One rifle gun
One leder bucket
One tin bucket
One tin pan
One set of table spoons
One set of tea spoons
One point & half point cups
One set of candle moles
Two beds and bedding
Eight pounds of wool
One five hundred re**
One large bell and strap
One hog
One horse and bridle
One white heffer
One brown cow
Four head of sheep
Two wheat stacks
One rye stack
Nine bushels soing of oats
One grindes stone
Two ricks of flax
One long sled
Thirteen acres of corn in the field
One pare of streachers & clivice
One set of trace chains
One hand saw
One iron wedg
Four augers
One drawing knife & 2 chizzles
One iron square
One pare of wool cards
One curry comb
One pare of stillards
One sythe
One log chain
[Page 2]
One corn cutter
One tomahauk and cutter
One pare of sheep shears
One sickle
One bible
One testament
One Arethmetic
One collar and harnes
One half bushel
One spinning wheel
One chick reel
One washing tub
One cag
One [broad?] howe
One meet tub
One sugar barrel
One meal sifter
One writing slate
One milk churn
One large pare of stillards
One big kittle
One big kittle
One big pot
One little pot
One stew kittle
One oven and lid
One skillet and ***
One large skillet
One quart jug
One leader bucket
One hammer & one peace of iron
One tin bucket
One strainer & funnel
Four small tin pains
One milk cooler & bloing horn
Two small crocks
One smoothing iron
Four white eathen plaits
Nine liver pool plates
One set of knives and forks
[Page 3]
Two coffi** pots
Two bottles and butter plate
Nine blew edged earthen plaits
Nine tin cups
Two tin pans
One candle sticks gimblet and inkstand
One salt stand and pepper box
Five earthen bowles
One ladle
One tea pot and cream jug
One set of tea cups and sacers
One basket
One tenant law
Two bed steds and one cord
One fire shovel
One cutting knife and box
One flax break
One weaving coom & *** wheel
One small ax
One chopping ax
Loos plank on the joice
One bee stand
One shovel plow
Three ch****
One cubboard
One table
One pare of cotton chards
One small box
One trunk
One six hundred re***
One large meat tub
One broad howe
Two hogs
One grubing hoe
One pare of pin***
One pare of large sissors
One bare shear plow
Some powther and led
One raizer
Two cakes of sugar
Vincent Alexander
Currence B. Conrod
John A. Goff
Hezekiah Stout Curator
Lewis County Court February Court 1836 the foregoing
Appraisement bill of Solomon Schoonover deceased was
presented in open court and ordered to be recorded
Teste J. Talbott CLC
A Copy Teste J. Talbott CLC
Alfred Beauchamp vs. Schoonover's Admr. 1837
___________________________________________________________
TRANSCRIBER'S NOTE:
This transcription is taken from photocopies of handwritten records. These photocopies were provided by Patt Seitas.
Where the copy is partially illegible, words or word endings that seem obvious from the context are used. An educated guess
is shown by brackets [ ]. Where the copy is entirely illegible or missing, this is shown by underlined ___ spaces.
Misspelled words are as found in the document. (The individual who made or proofread this document in the 1800s had underlined
some words to show that he was copying or noting them as found.
Those particular instances are not noted here.)
___________________________________________________________
Alfred Beauchamp
)
vs ) Copy of
) Record
Schoonover's Admr
Fee $2.35¢
_________
$2.35 Fee
_________
Page 1st
Pleas before the Honorable the Judge of the Circuit Superior
Court of Law and Chancery for Lewis County on Wednesday the
19th day of April One Thousand Eight hundred and thirty seven
Be it remembered that heretofore, to wit, on the 2__ day
of February in the Year One thousand eight hundred and thirty
five came Alfred Beauchamp by his attorney and sued out of
the office of the Said Circuit Superior [Court] of Law and
Chancery, a writ of capias ad Respondendum against Solomon
Schoonover, William Schoonover and John Schoonover, which
writ with the endorsement and return thereon made is in the
words and figures following:
"The Commonwealth of Virginia to the Sheriff of Lewis
County Greeting: We command you to take Solomon Schoonover,
William Schoonover and John Schoonover if they be found in
your bailiwick, and them safely keep, so that you have their
bodies before the Judge of our circuit Superior Court of Law
and Chancery, at the court house of said county on the first
monday in March next, to answer Alfred Beauchamp of a plea of
debt for One hundred and Eighty dollars and ninety cents
damages fifty dollars, and have then there this Writ. Witness
John Talbott, clerk of our said Court, at the court house
aforesaid, this 23rd day of February 1835, and in the 59th
year of the Commonwealth
J. Talbott
This is an action of Debt brought to recover money due by
single bill - bail required
Tavenner P Q
Executed upon Solomon Schoonover, Daniel Schoonover and John
___ bail, William Schoonover and John Schoonover not found
D. W. Sleeth Jr. D.S. for J.M. Camp S.L.C.
and at another day, to Wit:
At Rules held in the Clerk's office [in the] the circuit
Superior court of Law and Chancery for Lewis [county] on the
first monday in March in the year last aforesaid came the
Plaintiff by his attorney, and the capias issued [in] this
cause having been returned not found as to William [and]
John Schoonover On his motion an alias is awarded him
2nd
against the said William and John Schoonover returnable here,
on the first monday in April following, which Writ with the
endorsements and return thereon are in these words, to wit;
"The Commonwealth of Virginia to the Sheriff of Lewis County,
Greeting: We command you as heretofore to take Solomon
Schoonover William Schoonover & John Schoonover if they be
found in your bailiwick, and them safely keep, so that you
have their bodies before the Judge of our Circuit Superior
Court of Law and Chancery, at the court house of said county,
on the first monday in April next to answer Alfred Beauchamp
of a plea of debt for One hundred and Eighty dollars and
ninety cents damages fifty dollars; and have then there this
Writ, Witness John Talbott, clerk of our said court at the
court house aforesaid, this 12th day of March 1835 and in
the 59th Year of the Commonwealth
J. Talbott
This is an action of debt brought to recover money due by
Single bill - Bail Required Tavenner P.Q.
Executed upon Solomon Schoonover as per Sheriffs return upon
a former Caps
Teste
J. Talbott clk
not found D.W. Sleeth Jr. D.S. for J. M. Camp S.L.C.
And at another day, to wit;
At Rules held in the Clerk's office of the said
Circuit Superior court of Law and Chancery for Lewis County
on the first Monday in April in the Year last aforesaid came
the Plaintiff by his attorney, and the Sheriff having made a
return on the Alias Capias issued in this cause "not found"
On his motion a Pluries Capias is awarded him against the
Defendants returnable here on the first monday in May
following, which Writ with the endorsements and return
thereon made are in the Words and figures following, to wit;
"The Commonwealth of Virginia, to the sheriff of Lewis County
Greeting: We command you as often heretofore to take
Solomon Schoonover, William Schoonover & John Schoonover if
they be found in your bailiwick and them safely keep, so that
you have their bodies before the Judge of our Circuit
Superior Court of Law and Chancery at the court house of said
county on the first monday in May next to answer Alfred Beauchamp
3rd
of a plea of debt for One hundred and Eighty dollars and
ninety cents damages Fifty Dollars; and have then there this
Writ; witness John Talbott, clerk of our said court, at the
court house aforesaid, this 17th day of April 1835 and in the
59th year of the commonwealth
J. Talbott
This is an action of debt brought to recover money due by
single bill. Bail required
Tavenner P.Q.
A former Writ was executed upon Solomon Schoonover as per
sheriffs return Teste
J. Talbott clk
Not found. Thos Bland DS for J.M. Camp S.L.C.
And at another day, to Wit;
At Rules held in the Clerk's office of the said circuit
Superior court of Law and Chancery for Lewis County on the
first monday in May in the year last aforesaid, came the
Plaintiff by his Attorney, and the Sheriff having made a
return of "Not found" on the Pluries Capias issued in this
cause, On his motion a further writ is awarded him against
the Defendants, returnable here on the first Monday in June
following; which writ with the endorsements and return thereon
are in the words and figures following: "The Commonwealth of
Virginia to the Sheriff of Lewis county Greeting: We command
you as often heretofore to take Solomon Schoonover, William
Schoonover and John Schoonover if they be found in your
bailiwick and them safely keep, so that you have their bodies
before the Judge of our circuit Superior court of Law
and Chancery at the court house of said county, on the first
monday in June next to answer Alfred Beauchamp of a plea of
debt for one hundred and eighty Dollars and ninety cents
damages Fifty dollars; and have then there this writ. Witness
John Talbott, clerk of our said court, at the court house
aforesaid, this 9th day of May 1835 and in the 59th year of
the Commonwealth
J. Talbott
4th
This is an action of debt Brought to recover money due by
single Bill Bail Required
Tavenner P.Q.
a former writ was executed upon Solomon Schoonover as per
sheriffs return
Teste
J. Talbott clk
William Schoonover & John Schoonover is not inhabitants of
Lewis County Thos Bland DS for J.M. Camp S.L.C.
and at another day, to wit;
At Rules held in the Clerk's office of the said circuit
Superior Court of Law and chancery for Lewis County On the
first monday in June in the year last aforesaid, came the
Plaintiff by his attorney, and filed his Declaration against
the Defendants, Which Declaration is in these Words:
Virginia Lewis County to wit In the circuit Superior court
of Law and chancery for sd County, Alfred Beauchamp complains
of William Schoonover, Solomon Schoonover and John Schoonover
in custody &c; of a plea that they render unto him the sum of
One hundred and Eighty dollars and 90 cents current money of
Virginia which they owe him, and which they unjustly detain
from him for that Whereas the said Defendants heretofore to
wit, on the 16th day of October 1835 at Elizabeth Town Wood
County to wit (at the county of Lewis aforesaid) by their
certain writing obligatory commonly called a single Bill
sealed with their seals and to the court now here shewn, bound
themselves their heirs &c that on or before the first day of
April then next ensuing the date thereof (which date was the
day and year last writen) they or ither of them would pay to
the said Alfred Beauchamp the said sum of one hundred and
eighty dollars and 90 cents with Interest from the 1st day of
January 1834 which said sum of one hundred and eighty dollars
and 90 cents is the sum above demanded), yet the said
Defendants though often requested hath not yet paid the said
sum or any part thereof to the said Plaintiff, nor hath ither
of the said Defendants paid said sum or any part thereof to
the said Plaintiff though often requested; But the same to pay
have hitherto wholly refused and still refuses so to do, to
the damage of the Plaintiff $50 and
5th
therefore he sues
Tavenner Pro Quere
Whereupon Solomon Schoonover, one of the Defendants, being
arrested, and not appearing, on the motion of the Plaintiff
by his attorney, It was Ordered that Judgment be entered for
the Plaintiff against the Defendant for the Debt and Interest
in the Declaration mentioned unless the said Defendant should
appear and plead to issue at the then next Rules
at which day, To Wit
At Rules held in the clerk's office of the said Circuit
Superior Court of Law and Chancery on the first monday in
July in the year last aforesaid came the Plaintiff by his
attorney and the Defendant still failing to appear, on the
motion of the Plaintiff by his attorney, it was ordered that
the last order made against him in this cause be confirmed
and at other days, to wit:
at rules held in the clerks office of the said circuit
superior court of Law and chancery for Lewis county on the
first Mondays in August, September, October, November and
December in the Year last aforesaid this cause was continued
as to the sd other Defendants
And at other days, to wit;
At Rules held in the clerk's office of the said circuit
Superior Court of Law and chancery of Lewis County on the
first mondays in January, February, March, April, May June
& July in the year One thousand Eight hundred and thirty six
this cause was continued as to the other Defendants
And at another day, to wit:
At Rules held in the circuit Superior Court of Law and
chancery of Lewis County on the first monday in August in
the year last aforesaid came the Plaintiff by his attorney,
and on his motion a further Writ is awarded him returnable
here on the first Monday in September next, which Writ
together with the endorsements thereon are in the words and
figures following
"The Commonwealth of Virginia, to the Sheriff of Lewis
County, Greeting: We command you as often heretofore to take
Solomon Schoonover, William Schoonover and John Schoonover if
they be found in your bailiwick, and them safely keep so that
you have their bodies before the Judge of our circuit
6th
Superior court of Law and Chancery, at the court house of
said County, on the first monday in September next to answer
Alfred Beauchamp of a plea of Debt for One hundred and Eighty
Dollars and ninety cents damages Fifty dollars; and have then
there this writ. Witness John Talbott clerk of our said
court, at the court house aforesaid, this 5th day of August
1836 and in the 61st Year of the Commonwealth
J. Talbott
This is an action of Debt brought to recover money due by
single bill Bail Required
Tavenner P.Q.
a former writ was executed upon Solomon Schoonover as per
Sheriffs return
Teste J. Talbott clk
not to go out by order of Plffs atto.
J. Talbott
And at another day, to wit;
At a circuit Superior Court of Law and Chancery for
Lewis continued & held on Tuesday the 15th day of September
in the Year 1835 came the Plaintiff by his Attorney, and
it appearing to the satisfaction of the court, that the
Defendant to this suit is dead, It is ordered that the same
be suggested on the record
And at another day, to wit,
At a circuit Superior court of Law and Chancery
continued and held for the county of Lewis on Thursday the
14th day of April in the year One thousand Eight hundred
and thirty Six, The Defendant being dead, on the motion of
the Plaintiff by his attorney a writ of Scire Facias is
awarded him to revive this suit against Hezekiah Stout
Administrator of the estate of the said Defendant
returnable here at the next term
7th
Which Scire facias is in the words and figures following,
to wit; "The Commonwealth of Virginia to the Sheriff of
Lewis County Greeting: Whereas in an action of Debt, lately
depending in our circuit Superior Court of Law and chancery
for Lewis County, between Alfred Beauchamp Plaintiff and
Solomon Schoonover Defendant, (the Writ of Capias ad
Respondendum not having been executed on William Schoonover
the other obligor in the said Writ mentioned) for want of
appearance at the rules held in the Clerk's office of the
said court, on the first monday in July 1836, It was ordered
that Judgment be entered for the Plaintiff against the
Defendant, for one hundred and Eighty dollars and ninety
cents with Interest thereon from the first day of January
1834 the debt and Interest in the Declaration mentioned,
and the costs, subject to a credit of Twenty two dollars
and fifty cents, paid the Novr 19th 1834 as per endorsement
on single bill, and the cause being thus situated, the said
Solomon Schoonover departed this life having first made his
last will and Testament in Writing, and thereof appointed
no executor, and no person taking upon himself the burden
of the execution of the said Will, Administration with the
said Will annexed of all and singular the goods and chattles
rights and credits of the said Solomon Schoonover deceased,
hath been in due form committed to Hezekiah Stout,
Therefore we command you that you make known to the
said Hezekiah Stout that he be before the Judge of our
circuit Superior Court of Law and Chancery for Lewis county
at the court house of said county, on the first day of the
next Term, to shew cause if any he can, why the action
aforesaid should not be proceeded in to a final Judgment
according to the form of the act of assembly in that case
made and provided, and have then there this writ Witness
John Talbott clerk of our said court at the courthouse of
said county this 23d day of June 1836 and in the 60th year
of the Commonwealth
J. Talbott"
Return Executed 28th June 1836 J M Bennett DS for
W Peterson __
And at another day, to wit;
At a circuit Superior court of Law and chancery continued
and held for the county of Lewis on Thursday the 15th day
8th
of September in the Year last aforesaid, came the Plaintiff
by his attorney, and on his motion this suit is abated as to
John Schoonover and William Schoonover, it appearing by the
Sheriff's return that the said John & William are not
inhabitants of Lewis County; and the Scire Facias Issued in
this cause to revive this suit in the name of the
Administrator with the will annexed of Solomon Schoonover
deceased, having been returned executed, and no cause shewn,
on motion of the Plaintiff by his attorney, it is ordered
that this suit stand and be revived against Hezekiah Stout
Administrator with the Will annexed of the said Solomon
Schoonover deceased
And now at this day, to wit
At a circuit Superior Court of Law and Chancery,
continued and held for the county of Lewis, on the same
day and year first herein mentioned, to wit, on Wednesday
the 19th day of April in the Year One thousand Eight hundred
and thirty Seven, came the parties by their attornies and
thereupon the Defendant waived his plea heretofore pleaded
in this cause and confesses Judgment for $180.90 cents the
debt in the declaration mentioned with Interest thereon from
the 1st day of January 1834 until payment and his costs by
him about his suit in this behalf expended
Therefore it is considered by the court that the
Plaintiff recover against the said Defendant $180.90 cents,
as aforesaid with Interest as aforesaid and the costs, To be
levied of the goods and chattles of the Defendants intestate
in his hands to be administered But this Judgment is
subject to a credit of $22.50 cents paid the 19th day of
November 1834 as per endorsement on the single bill filed
in this cause
The following is a copy of the single bill, on which the
foregoing action was founded, to wit;
"On or before the first day of Aprile next we or either of
us do bind ourselves our heirs administrators &c to Alfred
Beauchamp his heirs or assigns the Just & full sum of One
hundred and Eighty dollars & 90 [cents] with Interest from
the first day of January 1834 The same may be discharged
with good Orlean Boats built in a workman like manner & of
good and
9th
sufficient meterials Boat Flank 18 ft long 1½ inch thick
___ If delivered at Elizabeth ____________ by the first of
Aprile next __________ this 16 day of October 1833
Elizabeth town ___________
___ B
Willia_ Schoonover {seal}
Solomon Schoonover {seal}
John Schoonover {seal}
Nov 19 1834 - Received on the with note twenty two dollars
& fifty cents the ballance on a Boat bought of Joh Sconover
A. B.
A Copy Teste J. Talbott __ CR__
The following is a copy of an execution issued in the
foregoing cause to wit
The Commonwealth of Virginia, to the Sheriff of Lewis
[illegible] goods and chattels of Hezekiah Stout
Administrator of Solomon Schoonover deceased late in your
bailiwick, cause to be made the sum of One hundred and
Eighty dollars and ninety cents with Interest thereon from
the 1st day of January 1834 until payment which Alfred
Beauchamp lately in our circuit Superior court of Law and
Chancery of Lewis County hath recovered against him for
debt and Interest aforesaid also, the sum of Eleven dollars
and sixty six which by the same cause was adjudged ___ for
costs by him above his suit in that behalf expended ___ of
the said Hezekiah Admr &c is convicted, as appears to us
___ you have the same before the Judge of our said court
[illegible] day in June next to render __________ debt
Interest and costs aforesaid and have then there this [writ]
Witness John Talbott clerk of our said court at the court
house aforesaid ___ 2d day of May 1837 and in the 61st Year
of the Commonwealth
J. Talbott
endorsement This execution is to be levied of the goods and
chattels of the Defendants intestate in his hands to be
administered, and subject to a credit of $22.50 cents paid
the 19th day of November 1834 as per Judgment
Teste J. Talbott clerk
10th
Return $12.41 cents paid Shf Com 67 cents deducted
leaves $12.74 cents to be accredited on the within &
no more [assets] found in the hands of the Admr
J M Bennett D.S. for Wm Peterson ___
A Copy,
Teste
J. Talbott clerk
***************************
Hezekiah Stout vs. Daniel Schoonover - Depositions 22 Oct 1839
**********************************************
TRANSCRIBER'S NOTE:
This transcription is from photocopies of
handwritten documents.
The photocopies were provided by Patt Seitas.
Underlined ___ spaces indicate missing or
illegible text.
Brackets [ ] indicate transcriber's comments,
or best guesses based on context.
Where a person has signed with his or her
mark, the mark is shown in parentheses
between the words "his mark", or the words
"her mark".
Spelling found in the document is retained.
However, for readability, there are some minor
changes made to the text, such as punctuation,
spacing of paragraphs, and some capitalization.
Where the Plaintiff is asking a question,
instead of "Q by plaintiff", the name of the
Plaintiff is used in every instance; likewise
for questions put by the Defendant.
Horizontal lines are used here to separate the
depositions of the different witnesses.
Note: When a witness is introduced by either
the Plaintiff or Defendant, it is the witness
who is "of lawful age".
[Page 1]
Pursuant to the annex[ed] Notice marked [N?]
I Michael Stump a Justice of the Peace in and for
Lewis County have this 22d day of October 1839
proceeded at the house of John Burk in the said
county to take depositions of sundry witnesses to
be read as evidence in the trial of a cause
depending in the Circuit Superior Court of Law and
Chancery of Lewis County wherein Hezekiah Stout is
Complainant and Daniel Schoonover Defendant
Cline Collins a witness introduced by defendant of
lawful age who after being first duly sworn deposed
as followeth Vz
Q. by Daniel Schoonover:
Did you or not help to make Evelina Schoonover's
coffin
Answer:
I did
Q. by Daniel Schoonover:
Did you or not make any charge
Answer:
I did not
Q. by Daniel Schoonover:
Did you or not receive any thing for making the coffin
Answer:
I did not
Q. by Daniel Schoonover:
Did you or not prove them hogs before Hezekiah Stout
sued you
Answer:
Yes I did
Q. by Daniel Schoonover:
Did you or not inform Hezekiah Stout that you had
[proved?] the hogs before he sued you
Answer:
I did when he demanded them
[Page 2]
Q. by Daniel Schoonover:
Is it or not a custimary thing to charge for making
coffins
Answer:
I do not think it is amongst neighbors
Q. by Daniel Schoonover:
Is it or not a custimary thing to charge for diging
graves
Answer:
It is not in our neighborhood
Q. by Hezekiah Stout:
Was or was not that coffin made at my hous and if so
who was at the expense
Answer:
It was at you expense
Q. by Hezekiah Stout:
Did you or not notify me when you went to prove them
hogs
Answer:
I do not recollect
And further this deponent saith not
Cline (his C mark) Collins
-------------------
Jemimah Stout a witness interduced by defendant of
lawful age after being sworn deposed as followeth
Q. by Daniel Schoonover:
Do you or not recollect that Hezekiah Stout borrowed
a sack of you and inform'd you that he was going to
Solomon Schoonover's to pack meat
Answer:
Yes
Q. by Daniel Schoonover:
Do you or not know whether there was any cloths sold
of Solomon Schoonover's or Evelina's and if so state
how many
Answer:
I do not know that ther was any sold
[Page 3]
Q. by Hezekiah Stout:
When was it that I borrowed that sack of you was it
or not before the death of Evelina
Answer:
I do not know when it was
Q. by Hezekiah Stout:
Do you or not recollect of my borrowing a vesel of
you to bath Evelina and so state how long had I it
for that use
Answer:
I do recollect you did but how long you had it for
that use I cannot recollect but I sopose it was about
a month
Q. by Hezekiah Stout:
Did you or not see me bathe her and give her medison
Answer:
Yes I did
Q. by Daniel Schoonover:
Do you or not know that Doctor Baker was at Hezekiah
Stout's when you saw him bathe Evelina
Answer:
He was
Q. by Daniel Schoonover:
Did you or not see Hezekiah Stout coming back from
Solomon Schoonover's place when he borrowed that sack
of you if so did he bring any meat with him
Answer:
I did and he had a load of something but I do not
know what it was
[Page 4]
Q. by Hezekiah Stout:
Do you or not know that I was at Solomon Schoonover's
that time that I borrowed the sack of you
Answer:
I do not
And further this deponent saith not
Jemimah (her + mark) Stout
-------------------
Sarah Stump a witness introduced by Defendant of
lawful age who after being sworn &c deposed as
followeth
Q. by Daniel Schoonover:
Do you or not know of any property of Solomon
Schoonover that was not sold at the sale and if so
state how much or what was it
Answer:
I do know that there was five dresses of Evelina's
that was not sold and one shaul
Q. by Daniel Schoonover:
What kind of dresses ware those that you know was
not sold
Answer:
There was one of homemade cottin and of calico and
two of liney and one cottin shawl
[Page 5]
Q. by Hezekiah Stout:
Do you know or not how long it was after the
death of Evelina that thim cloths was taken away
Answer:
I do not know precisely how long but it was
shortly after
And further this deponant saith not
Sarah (her + mark) Stump
-------------------
Ezekial Townsend a witness interduced by Defendant
deposeth as followeth
Q. by Daniel Schoonover:
Do you or not know of any property of Sollomon
Schoonover that was not sold at the sale and if so
what was it
Answer:
I do know that there was a dog that was not sold
to my knowledge
Q. by Daniel Schoonover:
What was that dog worth
Answer:
I would have been willing to have given two dollars
for him
Q. by Daniel Schoonover:
Do you or not know how many beds Sollomon Schoonover
had at his death
Answer:
I know he had two
Q. by Daniel Schoonover:
Do you or not know that Sollomon Schoonover and wife
was reasonable well of for clothing and if so state
what was the quallity of their clothing
Answer:
I do know that they was and in part what was the
quality
[Page 6]
__ know he had one Great Coat of home made cloth and
one ___ ___ of store cloth and I know that they both
had a quantity [of] lenning and liney clothing the
quantity or quallity I cannot describe
Q. by Daniel Schoonover:
Did or did not them cloth coats appear to be tollerable
deasent
Answer:
Yes they did
Q. by Daniel Schoonover:
Did you or not heare Hezekiah Stout deny that he ever
paid any doctor's bills or made any charge for doctor's
bills
Answer:
I did heare him deny ever paing any bills to doctors
or making any charge for doctoring done by any one
except what he done himself
Q. by Hezekiah Stout:
Do you or not know what Sollomon Schoonover's beds
concisted of whether they ware fild with straw chaff
or fithers
Answer:
I do not
Q. by Hezekiah Stout:
Do you or not know what became of Sollomon
Schoonover's cloths
Answer:
I do not
Q. by Hezekiah Stout:
Did you or not ever know me to make any use of
Sollomon Schoonover's dog
Answer:
I do not not to my recollection
[Page 7]
And further this deponant saith not
[signed] E T Townsend
-------------------
John Burk a witness introduced by Defendant of lawful
age who after being sworn deposed as followeth
Q. by Daniel Schoonover:
Do you or not know what time it was that Hezekiah
Stout was appointed Curator for the taking care of
the property of Sollomon Schoonover deceas'd if
so state
Answer:
I do not
Q. by Daniel Schoonover:
Did you or not inform Hezekiah Stout that you saw
some person packing a hog that you beleaved to be
the property of Sollomon Schoonover
Answer:
I did
Q by Daniel Schoonover:
Did he or not at that time inform you that he was
appointed Curator
Answer:
Yes he did
Q. by Daniel Schoonover:
Did you or not informe Hezekiah Stout when he was
about to sue Cline Collins for them hogs that he
had as well not to sue for them because you beleaved
the hogs not to be in Schoonover's Mark
Answer:
I did
Q. by Daniel Schoonover:
Do you or not know how many beds Sollomon Schoonover
had at his deth and if so state and what kind of
beds they ware
Answer:
Shortly before his death he had two beds and they
ware both fild with fethers of some kind
[Page 8]
Q. by Daniel Schoonover:
Do you beleave Sollomon Schoonover's beds was worth
more than sixteen dollars
Answer:
I do
Q. by Daniel Schoonover:
Did you or not here Hezekiah Stout deny that he ever
paid any doctor's bills or made any charges for
doctor's bills
Answer:
I did here him deny ever paying any doctor's bills
to doctors or making any charge for doctoring done
by any one except himself
Q. by Daniel Schoonover:
Is it a custimary thing in this settlement to charge
for making coffins or diging graves
Answer:
It is not
Q. by Hezekiah Stout:
Do you or not know that I made every effort to git
that hog you saw packing away that you soposed to be
Sollomon Schoonover's
Answer:
I do not know that you did or did not
Q. by Daniel Schoonover:
Did or did not Hezekiah Stout call on you to prove
that hog
Answer:
He did not
Q. by Daniel Schoonover:
Did you or not tel Hezekiah Stout that you would
sware that the hog was marked with Sollomon
Schoonover's mark
Answer:
I did
Q. by Hezekiah Stout:
Do you know that Sollomon Schoonover had any beds
at his death
Answer:
I do not
[Page 9]
Q. by Hezekiah Stout:
Do you know that there never has been charges made for
making coffins or diging graves in this neibourhood
Answer:
I do not
And further this deponant saith not
[signed] John Burk
-------------------
Elizabeth Stout a witness interduced by Defendant of
lawful age deposed as followeth Vz
Q. by Daniel Schoonover:
Is it or is it not a custimary thing in this
neibourhood for those who wait on the side to charge
for it
Answer:
I have known some to charge for it but I do not know
that it is a custimary thing
Q. by Hezekiah Stout:
Do you or do you not know that Evelina Schoonover was
sick the princible part of the time from the death of
her husband untill her own death and that I had the
care of her during that time
Answer:
I do know that she was sick the princible part of the
time from the death of her husband untill her own
death and that you had the care of her during that
time with the exception of a few days when was at old
Mr. Schoonover's
Q. by Daniel Schoonover:
Do you or not know that Evelina Schoonover went to old
Mr. Schoonover's for the purpose
[Page 10]
of drying apples
Answer:
I do not I was inform'd that was what she went for
Q. by Hezekiah Stout:
Do you or not know that I had medison prepared for
Evelina
Answer:
I do know that you had medison prepared and that it
was said, it was for her
And further this deponant saith not
Elizabeth (her x mark) Stout
-------------------
Thomas Stout a witness interduced by Defendant of
lawful age deposed as followeth Vz
Q. by Daniel Schoonover:
Did you or not here Hezekiah Stout say that he found
a small quantity of meat at Sollomon Schoonover's
place
Answer:
I did here him say he found a small quantity of meat
in a tub and understood that it was at Sollomon
Schoonover's place
Q. by Daniel Schoonover:
Do you or not know that Hezekiah Stout is recommended
as a doctor or to be very skilfull in that way or do
you know that he ever studied fisics
Answer:
I do not [the words "know that he was counted very" are
here struck out]
Q. by Hezekiah Stout:
Did you or not here me say that the meat that I found
in that tub was all the meat that I ever found at
Sollomon Schoonover's place since his death and that
I rapt it up and laid it away and that I did not know
what become of it
Answer:
I did
[Page 11]
Q. by Hezekiah Stout:
Did you or not know that I had a great deel of trouble
with Evelina Schoonover in her death sickness if so
state what would you undergo the same for
Answer:
I do know that you had a great deel of trouble with
her and I think I would not have under went it for
anything short of forty dollars
Q. by Daniel Schoonover:
Did you or not ever know of any person in this
neibourhood to charge their children for tending on
them in their sickness prier to this
Answer:
Not as I recollect
And further this deponant saith not
[signed] Thomas Stout
-------------------
Currence B. Conrad a witness introduced by Defendant
Q. by Daniel Schoonover:
Do you or not know of any pork or clothing being
praised or sold of Sollomon Schoonover or wife after
their death
Answer:
I do not except bed clothing I know there was sum bed
clothing praised was said to be Schoonover's but
whether sold or not I do not know
Q. by Daniel Schoonover:
Did you or not heare Hezekiah Stout tell William
Schoonover that he wanted Sollomon Schoonover's big
coat and that he wanted it to keep in rememberance
of Sollomon and that if he did not get that he would
have something else if he had to buy it
[Page 12]
and that he now acknowledges he was Curator at that
time
Answer:
I did
And further this deponant saith not
[signed] Currence B. Conrad
I Michael Stump a Justice of the Peace in and for Lewis
County do certify that the forgoing depositions were
taken sworn to and subscribed before me at the instance
of the defendant pursuant to the notice in the caption
of the forgoing depositions, and that Cline Collins
Jemimah Stout Sarah Stump and Ezekiel T Townsend
claimed their attendance one day each and that
Currence B Conrad and Thomas Stout claimed their
attendance two days each
[signed] Michael Stump JP LC
Returned to the Clerks Office on the 6th day of April
AD 1840 by Hezekiah Stout not under Seal
Teste
J.M. B____ DC
*****************
Hezekiah Stout - Summons 12 Jan 1838
TRANSCRIBER'S NOTE:
This transcription is from a photocopy of a handwritten document. The photocopy was provided by Patt Seitas.
Alfred Beauchamp
)
vs ) Spa Chy.
)
Schoonover's Admr.
Feby Rule day 1838
Executed by delivering a copy January 15th 1838
R ... Riddel DS for B Riddel SLC
The Commonwealth of Virginia to the Sheriff of Lewis
county, Greeting:
You are hereby commanded as heretofore to summon
Hezekiah Stout Administrator with the will annexed
of Solomon Schoonover deceased
to appear before the Judge of the Circuit Superior
Court of Law and Chancery, [holden] at Weston, for the
county of Lewis, at rules in the Clerk's office of the
said court [on] the first Monday in February next to
answer a bill [in] chancery exhibited against him &c in
our said court, by Alfred Beauchamp
[and] unless he shall answer the said bill within [four]
months thereafter the court will take the same for
confessed and decree accordingly, [and] this he shall in
no wise omit under the penalty of 333 [1/3?] dollars and have
[then] there this writ: Witness John Talbott, Clerk of
our said court, at Weston, the 12th [day] of January 1838
and 62nd year of the [Commonwealth].
J. Talbott
**********************
Hezekiah Stout - Decree 1844
TRANSCRIBER'S NOTE:
This transcription is from a photocopy of a handwritten document. The photocopy was provided by Patt Seitas.
[Handwriting partially legible, but correct placement of signatures and remarks is unclear.]
J M Bennett
Wamsley
[illegible]
Lewis County
One Month after date
For [Ve....?]
[Illegible initials] JP
[other illegible signatures]
Entered at Spring term 1844
Smith & Kyger )
[vs] )
Solomon Schoo[nover's Admr] )
Alfred Beauchamp )
[vs] )
same )
The attorney for the Complainants in these
causes, admitting that the said Complainants have
been fully satisfied their claims &c. and Benjamin
Schoonover producing in Court a transfer by Wm
Schoonover & Daniel Schoonover devisees under the
Will of the said Solomon Schoonover of all their
interest in these Suits
[portion struck out, illegible] - and the said
Benjamin Schoonover in his proper person consenting
that [illegible, might be "the deft"] Hezekiah Stout
may have a decree for $115: as his costs out of the
[funds] arising from the sale of the land in the
Bills & Proceedings mentioned, purchased by the said
Benjamin Schoonover It is therefore by consent of
parties adjudged, ordered and decreed that
[portion struck out, illegible] T. G. Bland be
appointed to collect said funds pay to the said Stout
the said sum of $115. and his costs in [illegible] and
[portion struck out, illegible] and pay over the
residue to the said Benjamin Schoonover after
retaining the Sheriff & sd Blands fees as commr for
making sd sale
Daniel & William Schoonover - Summons 09 Dec 1837
TRANSCRIBER'S NOTE:
This transcription is from a photocopy of a handwritten document. The photocopy was provided by Patt Seitas.
The commonwealth of Virginia to the Sheriff of Kanawha
county, Greeting:
You are hereby commanded to summon Daniel
Schoonover and William Schoonover Devisees of Solomon
Schoonover deceased
to appear before the Judge of the Circuit Superior Court
of Law and Chancery, holden at Weston, for the county of
Lewis, at rules in the Clerk's office of the said court
on the first Monday in January next to answer a bill in
chancery exhibited against them &c in our said court, by
Alfred Beauchamp
and unless they shall answer the said bill within four
months thereafter the court will take the same for
confessed and decree accordingly, and this they shall in
no wise omit under the penalty of 333 1/3 dollars each
and have then there this writ: Witness John Talbott,
Clerk of our said court, at Weston, the 9th day of
December 1837 and 62nd year of the Commonwealth
J. Talbott
Beauchamp vs. Schoonover
**********************************************
TRANSCRIBER'S NOTE:
This transcription is from a photocopy of
a handwritten document. The photocopy was
provided by Patt Seitas.
There is no date shown on this document.
The text is exactly as written, with spelling
and punctuation (or lack of it) as found.
Underlined ___ spaces indicate missing or
illegible text.
Beauchamp vs. Schoonover
The principal difficulty in this case arises
from the fact alledged that the Debt claimed by the
Plaintiff was originally contracted with him by
William Schoonover as principal and that Soloman and
John became his securities - a suit at law was brought
against - process was served only on Soloman (one of
the Securities), the others being no Inhabitants
pending the suit Soloman died, and the same was
revived against his Administrator with the Will
annexed and a Judgment was rendered against him -
It appears also that Soloman made a Will, devising
his land to william (the principal) & John (the Co
Security in said Debt) - the personal Estate he
devised to his Widow, and after her Death to belong
to the said William & John - the widow survived only
a few months -- It appears that there was personal
assetts sufficient after paying the funeral expenses
to discharge the Plaintiffs Debt, but the
Administrator claims that he has exausted the assetts
part in the payment of Debts which it would seem were
of inferior dignity to the Debt of the Plaintiff and
part in Medical & other expenses incurred in nursing
and taking care of the widow in her last illness, as
also a Debt due to himself amounting to 100 dollars,
for as it would seem in nursing the widow prior to her
husbands Death - which the Husband had agreed to allow
- so far as it regards the right of the Plaintiff to
obtain Satisfaction out of the personal assetts there
would be no difficulty were it not that the obligation
on which he obtained his Judgment binds the Heirs of
the obligors - the real Estate of the testator is
thereby bound, and the Testator devised his Estate,
real & personal, to William & John Schoonover - and
William is the Principal Debtor, - ____ would be
rendered liable in the first instance, because if the
Personal assetts are applied to that Debt, it will make
him liable over to his Co Devisee, for a Moiety of it,
and so if the land be taken he would Equally a Debtor
to his Co Devisee, ___ if the Administrator pay it he
will have the right to charge the Land devised to the
extent of the simple contract Debts which he has paid
provided they do not exceed the amount of the Debt due
to the Plaintiff, upon the ground that as the
Plaintiffs Debt bound the Land devised, and it being
paid out of the Personal assetts, to the exclusion of
the Simple contract Creditors, the Simple contract
Creditors will be substituted to the Plaintiffs right
to charge the Land to the extent of his Debt - and the
Administrator being a simple contract creditor in his
own right, and having paid the Debts of other simple
contract creditors, will have the same right of
substitution -- It would be desireable that payment of
the Plaintiffs Debt should be ____ in the first instance
from the Principal Debtor, but I do not perceive how
that can be done - the Plaintiff ought to have his Debt
without farther delay - he can therefore have a D____
agst the Admr for the sum appearing in his hands by the
report of the Comm which he has not ______ after
deducting the sum of [blank space] being for the
Commission of the Adm, on the amount assetts in his
hands - and for the residue of his Debt, a D___ against
the Moiety of the land devised to William the Principal
Debtor.
Answer of Daniel Schoonover 25 Sep 1839
TRANSCRIBER'S NOTE:
This transcription is from photocopies of handwritten documents.
The photocopies were provided by Patt Seitas.
Underlined ___ spaces indicate missing or illegible text.
Brackets [ ] indicate transcriber's comments.
[Page 1]
The seperate Answer of Daniel Schoonover, to the bill
of Alfred Beauchamp filed against him and others in Lewis
County Circuit Court, -
This Respondant for answ____ to the said bill saith,
that his codefendant, William Schoonover purchas____
goods of the Complainant, and he with John & Solomon
Schoonover as sureties for the said William executed to
the compt the bond on which judgment was recovered
against the personal representatives of the said Solomon
- William bein_ the principal debtor ought to pay said
debt, and if it shall so happe_ that the personal or
real esta__ of the said Solomon shall be made pay said
judgment, then this Respt prays that the joint intere__
of the said William in the estate of Solomon devised by
Solomon to William and this Respt be made first liable
to pay said debt - William's moiety of the lands
devised by Solomon will be sufficient to pay the debt
of Compt and that moiety ought to be first subjected as
the debt is William__ own debt & Solomon was his sure__.
This Respondant for further Answer saith, he admits the
[Page 2]
execution of the bond mentioned and that judgment was
recovered at the time and for the amount stated in the
bill - He admits that the said Solomon died having
first made his will as stated in the bill and that the
will was duly admited to probate - That the widow of
Solomon died intestate without children as stated in
the bill, and that this Respt claims as devisee under
Solomon's will, what is therein devised to him - and
that this Respt & the said William are now in
possession of the land so devised by Solomon -- He
admits that Hezekiah Stout was appointed Admr with the
Will annexed as stated in the bill, and that the said
Stout made out and returned the inventory filed with
the bill, but this Respondant saith that he and his
brother William reside out of Lewis County, and did
not know how said Stout was acting in his official
character until this day, when he for the
[Page 3]
first time saw the inventory & sale bill filed -- He
had heard that Stout had settled all the business &
had paid all the debts - Respt came into Lewis County
a few days since, to look over the proceedings of the
admr & then he discovered that this suit was
prosecuting, which called his attention directly to
the accounts of the admr as filed, and he feels
satisfied that the said Stout has not properly
administered the personal estate - He has not
rendered a correct inventory of the assetts - He has
omited to render a full account of a lot of hoggs left
by said Solomon, except he has inventoried three hogs
there were other hoggs, which ought to be charged to
him - & perhaps other property - And this respondt
insists, that the settlement made by him with the
Court ought not to ____ the devisees it is materially
unjust and injurious to their interest, unfair and
this Respt believes fraudulent. The allowance of a
credit of $50
[Page 4]
for "Doctors bill" ____ for this Respt saith that he
made a contract with Dr. Barnes to attend his brothers
wife in her sickness - by which contract Barnes agreed
with this Respt to charge nothing for his attendance
on the widow if he did not cure her - after her death
___ Barnes made out a bill against this Respt not
exceeding seven dollars, and presented to Respt in
Kenawha County where this Respt lives, & which bill
this Respt did not pay, Barnes ____anted Respt for his
bill, it was ____ & Respt ____ Barns - And as to a
Dr Bill for attending the said Solomon no allowance
ought to have been made - for in truth this Respt does
not admit, that any physician attended him - he has no
knowledge of any such medical services & he has heard
none attended the said Solomon Respt therefore insists
that the item of $50 aforesaid ought to be disallowed
-- As to the item of $25 for attendance and nursing the
widow - that item is surely too high, for the widow did
not require nursing, more than a
[Page 5]
few days, and the item for such services is not
properly and legally chargable against the estate
Respt saith the item of $3 paid Crier of the sale is
unjust, as also $2 to the Clerk - One day only was
employed in that business, and one dollar per day for
each is not less than the customary charge for such
services -
The item of $22-76 paid Cline Collins is not
allowable it is for costs of a warrant before a justice
of the peace - The admr unnecessarily and improperly
sued Collins - he ought not to have prosecuted such a
suit & was imformed before he sued that he could not
recover, yet he incurred $22-76 costs on the warrant,
which he ought not to have incurred -
As to the item of $17-53 paid James Schoonover -
James Schoonover held a note upon Solomon for $5 or $__
which Stout ought to have paid, yet he obstinately and
improperly suffered himself to be sued & incured the
residue of that item as costs - So much of that item
as is made up of costs ought to be rejected -
[Page 6]
As to the ____ item of $24-01 paid Sheriffs & Clerks
fees it may or may not be correct - Respt saith that
owing to his absence from Lewis County & residence in
Kenawha, & having just seen said accounts, and being
bound to answer said bill without an opportunity of a
more full enquiry into the administration of said
estate he verily believes the said accounts can & ought
to be ____ and falsified in many other particulars &
he prays to be allowed so to do before a Master
Commissioner -
Respt has been informed that the two beds left by
Solomon were ____ large feather beds & beding that
the admr has so managed it that when they were
appraised, he had
[Page 7]
turned one or both of them into straw beds - whether
this information is correct - Respt does not know -
it may or may not be so - he hopes the Commissioner
may be permitted to hear proof thereof -
Resp.t has been informed that the item of $10-25
paid for coffin & diging grave for Solomons wife is
unjust - he learns from ther neighbours that some of
them freely made the coffin dug the grave & burried
her without intending to charge any thing for it, &
he does not believe the Admr has paid any thing
therefor -
The man who made the coffin informs this Respt that
he did not charge for it - nor has he recd any pay
therefor - Under all these circumstances so
unfavourable to the ____ of the accounts rendered
this Respt hopes this cause will be refered
[Page 8]
to a commissr to ____ & settle the said Administration
& be allowed to scrutinise the whole proceedings of
the Admr closely - and if it shall be found that he is
in arrears, that a decree will be rendered against him
for any balance due from him - ________
Daniel Schonover
Mr[?] A Harrison
Defts Atty
Lewis County to wit --
This day Daniel Schoonover made oath before me a
Justice of the peace for said County, that his
foregoing answer is true to the best of his belief
Sworn to 25 Sept 1839
Weeden Huffman J.P.