 Abt 1777 -
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| Father |
Frederick F Abernathy, b. 2 Sep 1745, Bristol, Bristol County, Virginia  , d. 1819, Brunswick County, Virginia (Age 73 years) |
| Mother |
Tabitha Harwell, b. Abt 1748, Brunswick County, Virginia , d. Bef Sep 1792, Virginia (Age ~ 44 years) |
| Married |
Abt. 1764 |
Brunswick County, Virginia |
| Notes |
Married:
U.S. and International Marriage Records, 1560-1900 about Frederick Abernathy
Name: Frederick Abernathy
Gender: Male
Birth Year: 1745
Spouse Name: Tabitha Harwell
Spouse Birth Year: 1748
Marriage State: of VA
Number Pages: 10
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| Family ID |
F517751671 |
Group Sheet |
| Family |
John Scoggins, b. Abt 1774, Brunswick County, Virginia , d. 10 May 1854, Brunswick County, Virginia (Age ~ 80 years) |
| Married |
18 Dec 1798 |
Brunswick County, Virginia |
| Last Modified |
17 Jan 2014 |
| Family ID |
F1630930627 |
Group Sheet |
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| Notes |
Page one - Chancery Court Records Brunswick County, Case #1819-007 Jarrett Abernathy, etc. v. Executor of Frederick Abernathy, etc. Box 26 stack location 4/F/68/2/6 copy option #2
Page two - Abernathy & others Vs Abernathys Exor & Guardian 24 Nov 1819 filed and heard and decreed as (unclear) Decree filed (cp)
Page three - To the worshipful Court of Brunswick County setting in chancery hereby complaining and show to your worships your orators Jarratt James [John crossed out] Elisha Sterling Abernathy and ["Sylvia Lewis and" crossed out] Reul Lewis who was her husband [ written above - "to Sylvia Abernathy in right of her children"] late Abernathy Catharine Lucy late Abernathy John [written over Nancy] Scoggins and Nancy his wife late Abernathy Sandal Abernathy your orators first mentioned and your oratrixes children of Tabithy Abernathy deceased that Samuel Harwell grand father to your orators and oratrixes some time about the year 1792 made a deed of gift, a copy whereof is hereto annexed of sundry slaves and among others a certain negro male slave called Jack to the said Tabithy Abernathy husband Frederick Abernathy for her life with remainder to his[sic]children at his [sic] death [ written above - "also in the (unclear) slave"] that the event his death has happened some time ago and the other slaves given by their your orators grand father on the mothers death have been divided and that they are desirous of obtaining that proportion of the value of the said slave to which they your orators and oratrixes together M Ann William Abernathy daughter of John Abernathy deceased who was one of the children of Tabitha Abernathy deceased are entitled. That the slave is in the custody of Mathew Abernathy who is Executor of the decedent Frederick on whose death your orators and oratrixes interest vested that although justly entitled they are advised that they cannot obtain their proportion but by the equitable intervention by your worships to which and your orators and oratrixes pray your worships make the said Mathew Exor of the said Frederick Abernathy a defendant and compel him to answer the facts herein charged and that your worships will appoint some suitable person guardian ad litem to M Ann William Abernathy daughter of your orators and oratrixes brother John Abernathy to protect her interest in (this?) [page torn] cause and his answer that your worships (unclear) [page torn] sale of the said slave Jack Page four - since a division in kind cannot be made between the donees of the said slave that the (unclear) (unclear) and your worships will decree and order that suitable persons commissioners appointed by your worships do sell at public sale on 12 months credit the said slave and make a division of the proceeds between your parties entitled the commonwealth's writ of subpoena (unclear) commanding (unclear) and such other and further relief as equity dictates and as in duty they will ever pray etc. John Scoggins his mark for himself and the other complain[ants]. [Samuel Harwell Deed attached but not transcribed herein - previously done by others] The answer of Mathew Abernathy Executor of Frederick Abernathy deceased to the bill filed in Brunswick Court (against?) Jarratt Abernathy and others against him and others in the said Court this Respondant saving all benefit of just exception to the Complainants bill for answer thereto says he cannot gainsay the facts in the said bill charged that he has no objection to a decree according to the prayer of the said bill and having fully answered he prays (herein?) to be dismissed with his costs and as in duty he will ever etc. John Scoggins his mark for Mathew Abernathy Page five - The separate answer of Jesse Reid appointed by the Court of Brunswick County grdn ad litem to M Ann William Abernathy daughter of John Abernathy deceased [written above - "and infant of tender years"] to (defend?) her in a suit in chancery in the name of Jarratt Abernathy and others against the said infant and others in the said Court this respondent saving all just benefit of exception to the Complainants bill for (unclear) hereto admits the facts and Notice therein (stated?) that he has no objection to the decree prayed for and having now fully answered prays (?) with his costs to be dismissed and as in duty he will ever pray etc. Jesse Ried by (A ---) his atro Abernathy and others Vs Abernathy exor and Abernathy gdrn
In Chancery
This day this cause came on to be heard by consent on the bill answer and exhibits (?) and on agreement of Counsel on mature consideration whereof the court doth adjudge order and decree that Gardiner Scoggin Richardson Brown Wiliam Rainey Jonathan (Dickson?)and Frederick Lucy or either three do sell the slave Jack in the bill (mentioned?) at public sale have reasonable thereof to [preceeding phrase and next two words are uncertain] credit of twelve months taking nine bonds of equal amounts for the purchase money with good security and that they [give is crossed out and replacement word is unclear] each of the complainants and the guardian of the infant defendant one of the said bonds or the one ninth part of the price of the said slave and further that they make report to this court in order to a final decree.
Page six -
Abernathy
Vs
Abernathys
Commissioners Report
Page seven -
Account of the sale of the slave belonging to the Estate of
Frederick Abernathy deceased made the 16th day of December 1819 by the Commissioners appointed by the County Court of Brunswick for that purpose. Jack to Mildred Abernathy highest bidder $237 amount of the sale of Jack from which deduct Commissioners compensation(say?) 5 (unclear) 11.85 - 225.15 Nett Amount of sale of slave to be divided between 9 Legatees agreeable to decree of Court leaves
to each legatee part 25/3 [cut off]. The undersigned Commissioners for that purpose Respectfully Reports to the worshipful Court of Brunswick County that in pursuance of the (decreed?) order of the Court they have after duly advertising the day and place of sale sold to the highest bidder on twelve months credit the slave belonging to the Estate of Frederick Abernathy Deceased That after deducting a reasonable compensation for their time trouble (unclear) the nett proceeds of the sale amounts to the sum of two
hundred and twenty five dollars and fifteen cents which give to each of the legatees twenty five dollars and one cent 2/3 for their respective proportions and which your Commissioners have paid over to part of the legatees and now hold ready to pay over to said legatees in Bonds or money when collected soon as they respectively may apply for the same give under our hands This 20th day of May 1820. William Raney Richardson Brown Frederick Lucy John Dixon
Page eight -
Abernathy vs
Abernathy's
Copy decree
Page nine -
Brunswick County Court 24 November 1819 Jarratt, James, Elisha, and Sterling Abernathy, and Ruel Lewis in right of his children, Catharine Lucy late Abernathy, John Scoggins and Nancy his wife late Abernathy, and Sanal Abernathy Cmplls against Mathew Abernathy exor of Frederick Abernathy, and M A W Abernathy by Jesse Reid her gdn specially appointed Defts This day this cause was docketed and came on to be heard by consent of parties on the bill and answer and the arguments of Counsel, and the exhibits filed, an consideration whereof the Court doth adjudge order and decree that Gardner Scoggins, Richardson Brown, William Rainey, John Dixon, and Frederick Lucy or any three of them, sell to the highest bidder, after having given reasonable notice of such sale, the negro slave Jack in the Bill mentioned, on a credit of twelve months, taking nine bonds of equal amounts for the purchase money with good Security, and that they transfer to each of the Complainants, and the guardian of the Infant defendant one of the said bonds, or the one ninth part of the sale of the said slave and make report thereof to the Court (in?) order to a final decree. (A Copy?) (N?) Turnbull CC
Submitted by Joe Max Williams
From TNGENWEB.ORG
BUCKNER ABERNATHY born ca 1759(?), buried Old Abernathy Cemetery, Giles County, Tennessee (Abstract of Graves of Revolutionary Patriots, Daughters of the American Revolution, Refs 57 and 59 and ) Buckner ABERNATHY?S Revolutionary War Service has not yet been confirmed. He is not found on the 1812 Giles County Tax List, but a Buckner ABERNATHY is on p. 22 of the 1820 Giles County census with one male over 45 and one female over 45 in the household (with others). The 1830 census has not been checked, but Buckner is apparently the B. ABERNATHY in the 1840 Giles County Census, p. 121 with one adult male 80-90 in the household (among others). In 1850, Buckner ABERNATHY is age 91 (born ca 1759), Virginia, in District 16, HH110. Frances THOMAS (female), age 55, North Carolina, is also in the household.
Buckner is thought to have been the son of John B. ABERNATHY who died testate, his will dated 17 Feb 1812, and recorded in Brunswick County, Virginia (Will Book 8, page 79):
In the name of God Amen-
I John ABERNATHY serv. (?) of the county of Brunswick now in tolerable health and perfect memory do this 17th day of February, in the year of our lord eighteen hundred and twelve do make and publish this my last will and testament in the following manner (Viz.) I give my son John ABERNATHY twenty five pounds per year during my residence with him for my board and clothing. If there is not money sufficient at my death to pay John ABERNATHY above mentioned then my desire is that he shall sell my land pay himself in full the balance that may be due him for my board and clothing and my desire is that my executor divide the residue of my estate between my children (except Charles ABERNATHY, the heirs of Ann HARWELL, and the heirs of Jenny DAVIS, which I shall hereafter mention). I then give and bequeath one proportion to my son Frederick ABERNATHY, to him and heirs forever. Also to John ABERNATHY, to him and his heirs forever. To Robert ABERNATHY, to him and his heirs forever. To Buckner ABERNATHY, to him and his heirs forever. To Joshua ABERNATHY, to him and his heirs forever. To Smith ABERNATHY, to him and heirs forever. I also give to children first mentioned meaning Charles ABERNATHY, the heirs of Ann HARWELL and the heirs of Jenny DAVIS fifteen shillings to be equally divided between them and their heirs forever. I constitute and appoint John ABERNATHY executor to this my last will and testament whereof I have hereunto set my hand and affixed my seal the day and year before mentioned.
John Abernathy
Acknowledged in presence of
Jesse Peterson
Richard Stith
Rawleigh H. Abernathy
Proved on ________________.
(S. Lepow, Brunswick County, VAGenWeb)
No marriage has been located for Buckner (although see below), but among the Abernathy marriages in Brunswick County, Virginia are those of Charles to Elizabeth DAVENPORT, 14 Oct 1786; Jensey to John CAIN, 1 Dec 1786; Silvy to Reuel (Revel?) LEWIS, 07 Aug 1787; Harbert to Susanna HARWELL, 22 Dec 1788; Patsey to Benager SEXTON, 04 Feb 1790, Nancy to Rowley [Rawleigh?] BROWN, 23 Dec 1790; Jarrard to Anney SADLER, 09 Jan 1794; Frederick to Milly DAVENPORT, 13 Feb 1795; Alice to Lewis KELLEY, 19 Nov 1795; Martha to Davis BROWN, 23 Nov 1795; Henry to Rebecca FIRTH, 15 Dec 1796; Jane [Jenny?] to John DAVIS, 08 Dec 1798; Nancy to John SCOGGIN, 18 Dec 1798; Rebecca to John DIXON, 07 Feb 1799; and Catherine to Robert LUCY, 22 Oct 1799 (marriage index ? records not viewed).
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