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.