Elizabeth Chisum b. abt 1739 m. John Estes
- Thomas Estes
- Joseph Estes
- Elizabeth Estes
- Nancy Estes
- Elijah Estes
- Absalom Estes
- William Estes
- John Estes
- Moses Estes
- Abraham Estes
- James Chisum b. abt 1741 of Amelia County, Virginia m. Barbara
- John Chisholm b. abt 1742 of Spartanburg, SC, Rutherford, NC, and Madison Co, AL
- Elizabeth Chisum b. abt 1744 m. John Estes
- Elijah Chisum b. abt. 1747 of Halifax Co, Va and White Co, TN
- Chloe Chisum b. abt. 1752 of Halifax Co, Va.
- Absalom Chisum b. abt 1760 of Halifax Co, Va and Logan Co, KY m. Edith
- Priscilla Chisum b. abt. 1763 m. John Hill
- Sarah Chisum b. abt 1767 m. William Patillo
- Obediah Chisum b. abt. 1767 m. Mary Cardwell
- Isham Chisum b. abt. 1768 m. ? Russell and then Parmelia Roberts, Halifax to Kentucky to Mississippi.
FACTS and SOURCES:
1769 Nov … 1785 007 Moses Estes v Elisha Estes in Amelia County, Virginia (Image 2 – Petition of Moses Estes) … your orator Moses Estes, that in the year of our lord 1720 on the 21 day of November your orators late father Abraham Estes departed this life after making and constituting in writing his last will and testament … devising part of his estate did give … his whole personal estate to his wife Barbara Estes during her natural life … and to be disposed of amongst his children then being as she might think propert … the sd Barbara Estes agreeable to the trust and confidence afsd …. by her late husband your orators sd father on the 25th day of November in the year … 1720 made in writing her last will and testament in writing and thereby after giving … part of her afsd husbands estate to several of her children … directed that the remainder should remain in the hands of her exors Elisha Estes, Thomas Poor & Susana his wife for the sole benefit of your orator and Barbare Eastes your orator’s sister, whom she conceived … incapable of getter their livings, but with a promise that if there should become an alteration in this … or either of them should die then the same to be equally divided amongst Sylvester, Thomas, Elisha, Robert, Richard, John, Moses Eastes, Mary Watkins, Susana Poor, and Sarah Eastes or the survivors of them as by the said Last Will and Testament … the sd appointment the sd Elisha Eastes did … the trusta dn execution of the sd last will and testament first qualifying himself as an executor thereto …
… (Image 3) … your orators sd sister Barbara Eastes died, wherefore your orator conceived himself entitled to his proportionable part of his sd fathers estate according to the will of the sd Barbara and made several friendly applications to the sd Elisha the sd executor for the same who has hitherto refused such reasonable request …
… 1770 June 29 – (Image 6 – Answer of Elisha Estes) … saith that he this Deft was admitted one of the executors of Barbary Estes as is in the sd Bill …. & that after devising some legacies in her said will, did direct the remainder to be retained in the hand of her sd executors for the suport of Barbary & Moses Estes the sd Moses being bery sickly and the sd Barbary accustomed to have fits, and thence helpless so that she required to be … as a child, this respondent further saith that the amt of the appraisement of the estate left by the sd Barbary Estes was to the sum of 98 pounds, 10 shillings and 9 pence half penny exclusive of the slaves and a horse and mare where appraisement amounted to 50 pounds 15 shillings … after the death of the sd Barbary were allotted to the children of the sd Barbary & her husband Abram by the will of the sd Abram to which together with the sd appraisement this Defendant for greater certaintly beggs leave to refer and prays may be made part of this his answer, this Defendant further saith that I expended a considerable deal of money for doctors … in endeavoring to cure the sd Barbary and Moses and that for the space of 8 years boarded & maintained the sd Barbary & Moses which this Deft has made as account to which also he beggs leave to refer, & prays may …
… (Image 7 Answer continued) … be made part of his answer …whereby it appears that this Defts acct is considerable mor agt the Estate than the sd appraisement amounts … Signed: Elisha Estes.
… 1770 April 16 (Image 9 Deposition of Thomas Poor) … Deposition of Thomas Poor of full age being sworn … saith that about 49 years since Moses & Barbary Estes orphans of Abraham Estes came to live with Thomas Poor this deponents father who was an executor to the decd Barbary Estes and to him the care of these orphans was committed and this deponent remembers that when these orphans ceam to his fathers house, that Moses Estes was about 10 years old, and Barbary Estes was about 8 years old both which children were very sickly the boy being very buston and commonly seemed inclined to the kickiasey & for whose benefit 3 doctors were commonly employed, the girl this deponent says lived till she was about 16 years old he also says that she was an idiot having convusion fitts requently and that this deponent remembers his father was at the expence of 6 shillings per month as satisfaction to Eliza Yeates who attended this girl 3 years, he also remembers that Moses Estes went to school 2 years while he lived with Thomas Poor this deponents father and this deponent further saith that since the death of Barbary Estes, Moses Estes & several others with him came to his fathers house and were speaking of settling the Orphans estate upon which Thomas Poor this deponents father said he was ready for settlement brought some papers & as this deponent thinks satisfyed those people amongst whom was Moses Estis who also seemed satisfyed that nothing was due the orphans upon a just settlement. Sworn to this 16th day of April 1770. Signed: Thomas Poor
Wit: Tarlton Fleming, Thomas Underwood.
… (Image 10 Deposition of Elisabeth Harris) … Elisabeth Harris aged about 60 being first sworn … sayeth that about 48 or 49 years ago Moses & Barbary orphans of Abraham Estis came to live with Thomas Poore this Deponants father who was an exor to the Decd Barbary Estis & that the said Moses Estis was buston and kickititis and that he had 2 years schooling as well as this deponent remembers & the said Barbary Estis was an idiot and quite incapable of taking the least care of herself and subject to fits and that … medicine had for and of the said Orphans, and the said deponant remembers that Elisabeth Yates was employed by Thomas Poore to take care of the said Barbary and that the said Barbary damaged 2 beds considerably in time of her indisposition. & further the said deponent sayeth not. Signed: Elisabeth Harris
Wit: R James, Thomas Turpin Jr.
Virginia Chancery Court Index
1770 June 27 – John Chisum and James Chisum to John Fitz Patrick, bk 3, p 300. Pittsylvania County, Virginia
… between John Chisum and James Chisum of Halifax County of the one part and John Fitz Patrick of Bedford County of the other part … in consideration of the sum of 220 pounds … confirm unto the said John F Patrick … land containing 400 acres … in the County of Pittsylvania on the South side of Stanton River opposit Randolphs long island and bounds … between the said John Chisum and John Dyer …
Signed: John Chisum, James Chisum
Wit: Elijah Chisum, John Estes
(Ordered recorded on June 24, 1773)
1773 Chancery Court Case in Amelia County – Re: Amelia Co, Va – Executors of Nicholas Gillintine decd v. John Chisum and Elenor his wife who are executors of Nicholas Gillintine decd in Halifax Co, Va.
(NOTE: The following is a transcription I completed – some pages are partial transcriptions. There are 80 pages for this case found on the Virginia Chancery Court Index found here: https://www.virginiamemory.com/collections/chancery/
Below are the transcriptions based on the image in the above index for the case filed in Amelia County, Virginia).
(Image 1) 1792 – 012 Amelia County, Va – Chancery Causes: Gillantine’s executors v. Chissum & etc.
(This folder has 80 images)
(Image 2) To the Worshipfull Court of Amelia County in Chancery Sitting
Humbly complaining shew unto your Worships your Orators Thomas Mumford and George Booker executors of the Last Will & Testament of Nicholas Gillintine deceased. That some time in the month of September 1773, the said Nicholas Gillintine departed this life in a very advanced age, having made his Last Will & Testament in writing, and thereof appointed your orators executors, who proved the same and took upon them the burthen of the execution in due form of law, as appears of record in this Worshipfull Court to which they beg have to refer.
Devising thereby his whole estate to be equally divided amongst his three daughters living (to wit) Elizabeth the wife of James Collins, Catharine the wife of Daniel Brown and ___ the wife of John Chesum, and the children of his deceased daughter Ann Hillsman.
Than some time before the death of the said Nicholas to wit in the year 1772 the said John Chissum with Elenor his wife came to the said Testator (whose senses were at that time so impaired that he knew not whether his wife was living or dead, how many children he had, or scarce any thing he said or did) and with fair pretences & specious promises induced him to go with them to Halifax, where he was persuaded to make two seperate deeds, to the said John and Elenor, the one for all his personal estate and slaves dated 28th January 1773 and recorded in the Court of Halifax County 18th February in the same year; the other for all his lands in Amelia County dated 6th April 1773 & recorded in the General Court the 16th day of the same month.
That some time in the month of November 1773 & after the death of the testator your orators asked the said Chissum if the sd Testator made any will after he left Amelia County. Chissum answered no, but at the same time produced a Deed or Bill of Sale for all the Personal Estate of the said Testator & said that was his will. Your Orators being sensible those Deeds before mentioned were obtained by collusions and fraudulent practices, and no way agreeable to the Equity of the Will made by the Testator while in his senses, and supposing for the same reason that they might be set aside, applied to the said Chissum in a friendly manner requesting them to render up such of the Estate of the said Testator as was in their …
(Image 3) … possession in order to have a distribution agreeable to the Will. That some time after the Death of the said Testator the said John Chissum in order to cover and conceal his (sp)___guish & fraudulent designs, did agree & consent to join with your Orators in a Deed to the other legatees for their respective proportions of the lands conveyed to him by the aforesaid Deed, and to abide by the Will of the said Testator in respect to his personal Estate.
But now so it is may it please your Worships, that the said John Chissum and Elinor his wife having by colour of the Deeds aforesaid obtained possession of a considerable part of the Estate of the said Testator. Combining and Confederating with sundry persons unknown to your Orators who when discovered they pray may be made parties thereto with apt words to charge them, have refused to surrender up the same or any part thereof, or to join in any Deed or abide by the Will as they had agreed to do, but when requested to comply with their said agreement, altogether refused so to do, alledging that they had a Will as well as your Orators & accordingly went up to Halifax and produced a writing said to be executed by the said Gillentine subsequent to the Will herein before recited, and giving oath & speeches and sayings that they the said John Chissum & Elenor his wife have the sole right & titale to all the Estate real & personal of the said Nicholas Gillentine in exclusion of all the other Legatees in the said recited Will mentioned or any of their representatives.
All which actings and doings of the said John Chissum and Elenor his wife are contrary to Equity & tend to the great injury & oppression of the other Legatees mentioned in the said recited Will and of your Orators who have undertaken the execution thereof.
In tender consideration whereof and in as much as your orators are remedaless in the premises by the strict rules of the Common Law and only relievable in this Worshipfull Court in Equity.
To the end therefore that the said John Chissum & Elenor his wife may be compelled upon their respective Corporal Oaths to make true distinct and perfect answers to all and singular the premises, and that as full particularly and distinctly as if the same were here again repeated and interogated, and more especially that they may set forth and declare,
-if the said Nicholas Gillentine did not make such Will as is herein first recited:
-If they did not afterwards induce him to go with them to Halifax;
-by what means & for what purposes did not there obtain the two before recited Deeds and by what means and who by name were present at the execution of the same.
-How much of the Estate of the said Nicholas Gillentine hath come to their possession in consequence thereof and what hath been the profit of the same.
-Was not the said Gillentine at that time very much impaired in his senses, and do they believe he would have made such Deeds if he had been in his proper reason.
-Did not the said Elenor tell one of your Orators that at the time the said Nicholas Gillentine left Amelia County he was not capable of making a Will.
-Did not the said John Chissum after the death of the said Nicholas agree with your Orators or one of them to join in a Deed to the other Legatees & abide by the Will which your Orators had proved.
-Did not the said John & Elenor or one of them refuse to comply with the said agreement when thereto requested and for what reason.
-Have they ever since complied with the same or any part thereof.
-Did they not since produce another Will said to be executed by the said Nicholas.
-How came it into their possession.
-Was it ever executed by the said Nicholas and who by name were present at the execution thereof.
-Was the sd Nicholas in his senses at the time of executing it.
-Did he make it of his own free will and accord or was he persuaded thereto.
-Was the same ever proved in Court, when, where & by whome.
-What was the purport of such will & how far hath it been carried into execution.
-Do they not believe it was always the intention of the sd Nicholas while in his senses, to have his Estate divided as prescribed by the Will which your Orators have proved.
-Is it not just & Equitable the same should be done.
-Do they not withhold the said estate from your Orators by virtue of the said Deeds or supposed Will-& By which of them do they withhold it.
-Have not your Orators applied to them in a friendly manner for the same.
-Have they ever delivered it or any part of it & why do they refuse.
That by a decree of this Worshipfull Court the said supposed Will may be declared null void & of no effect, and that the said John Chissum & Elenor his wife may be compelled to render up such part of the personal Estate of the sd Testator as may have come to their hands or possession with the nett profits thereof in order to an equal distribution of the same agreeable to the Will of the Testator and also to convey unto the other Legatees in the said Will their legal representatives. Their equal …
(Image 4) … proportionate & proper shares of the Lands so conveyed to the sd John Chissum by the said Nicholas Gillentine as aforesaid agreeable to the true intent and meaning of the Last Will & Testament of the said Nicholas. And that such other & further relief may be had in the premises as may be agreeable to Justice & Equity.
May it please your Worships to grant unto your Orators &etc a writt or writts &etc to be directed & under certain pains &etc. and your orators will ever pray &etc.
(Signed): D S Stokes, Atto of Complts.
(Bottom of page has style of case and notes of the court as follow)
Gillentine, Exors v Chissum’s} Bill
1783 March Bill & time
May Co 1785 – At. as to Mumford Att & ans. is other Defts.
May Court 1786 – Contd
June Co. 1786 – Contd
July Court 1786 – Contd
1786 August – Rules contd
Sets Rules – contd for ans.
Octr Rules – contd for ans
1786 December Court – Cont for Answer
1787 Mar Court for answer aprl Court & Do.
1787 May Rules – Cont for Deposns(sp?)
August – atta. for answer.
(Image 5) (repeat of image 4 above)
(Image 6) (repeat of 2nd page of image 3) … Divided as prescribed by the Will which your orators have proved.
-Is it not just and Equitable the same should be done
-do they not withold the said Estate from your Orators by virtue of the said Deeds or supposed Will and by which of them do they withold it.
-Have not your orators applied to them in a friendly manner … (see above Image 3 – 2nd half of image for this info)
(Image 7) (Court Cover Page)
Gillentine’s Exors v. Chissums} Copy Bill
For Thos. Miller Esqr.
(Image 8) (Deed of Gift) To all people whomsoever it may concern, I Nicholas Gillinton of Halifax County send greeting know ye that I the said Nicholas Gillington for and in consideration of the natural love and affection which I have and bear unto John Chissum and my daughter Ellener his wife both of the County of Halifax and also for other good causes and considerations me thereunto moveing have given and granted and by these presents do give grant and confirm unto the said John Chissum all my goods chattles leases debes plate of jewels &exc and all my other substance whatsoever moveable and immoveable of what kind nature and ___ soever the same are and in which place or places so___ as in the possession hands power and custody of others whatsoever or all those goods and chattles in the schedule hereunto annexed metioned to have and to hold all and singular the said goods chattles leases debts and all other the aforesaid premises unto the said John Chissum his executors administrators and assigns to his and there own proper use and uses for ever and that I the said Nicholas Gillington all and singular the aforesaid goods chattles and premises to the said John Chissum his executors administrators and assigns against all persons do warrant and forever defend ___ these presents In witness whereof I have here unto ___ freely set to my hand and fixed my seal this 28th day of January 1773
(Signed) Nicholas Gillentine
Assigned Seald and Delivered in presents of} John Dyer, Chloe Chissum, Mary Ann Bryant, John Dyer Jr
At a Court held for Halifax County the 18th day of February 1773. This Deed of Gift with the Endorsement thereon were proved by the Oath of three of the witnesses thereto & ordered to be recorded.
Test: P. Carrington
(Image 9) (Itemization of goods of Gillentine related to deed in Image 8)
(Image 10) (Repeat of Image 9)
(Image 11) (Repeat of Image 9 turned sideways)
(Image 12) (Deed) This indenture made the 7th day of April in the year of our lord 1773 … between Nicholas Gillington of the County of Halifax of the one part and John Chisum of the same county of the other part. Witnesseth that the said Nichalos Gillington for and in consideration of the sum of 200 pounds … confirm unto the said John Chisum … all that tract or parcel of land … in Amelia County containing … 300 acres bounded by the lines of Richard Egelston, George Ham, John Hughes, and Matthew (sp?)Hilsman … to the said John Chisum his heirs and assigns … and have good right full power and can all authority to assign in manner as aforesaid and that the said John Chisum his heirs and assigns …
(Signed): Nicholas Gillintin
(Wits): James Chissam, Elinor Luck, Thomas Tinsley, Tabitha Hunt, Mary Tinsley, John Dyer, Joshua Eckhols, John Phelps, Benjamen Dickson, Nipper Adams, P Williams
(Image 13) (repeat of Image 12)
(Image 14) (partial repeat of Image 12, but with Order to Record dated April 16, 1773).
(Image 15) (Proveup of Deed) Memorandum that the 7th day of April … 1773 the within named John Chisum did take and receive from the within named Nicholas Gillington possession ans seisin of the land and premises within mentioned according to the form and effects of the within written indenture.
(Signed): Nicholas Gillintine
(Wits): James Chissum, Elinor M Luck, Thomas Tinsley, Tabitha Hunt, Mary Tinsley, John Dyer, Joshua Eckhols, Benjamin Dickson, Nipper Adams, Williams
(Image 16) (Repeat of Image 15)
(Image 17) Them my Executors of this my Last Will & Testament.
In witness whereof I have hereunto set my hand and seal this 2d day of November 1771.
(Signed): Nicholas Gillintine
Seal’d publish’d declared & delivered in presence of: Matthew Hilsman, James Garrett, Robert Willson
(Image 18) (Deposition of Moses Hill) The Deposition of Moses Hill of Lawfull Age being first sworn on the Holy Evangalists of Almighty God who deposeth and saith,
-That Nicholas Gillentine was at this deponents father’s John Hill’s on his way to Hallifax to live with his daughter Elenor Chisum
-and that George Booker & Thomas Mumford came to the said John Hill’s and endeavor’d to prevail on the sd Gillentine to return with them to live with ’em
-but the sd Gillentine refused to return with them and said that he would rather go and live with his own child than with strangers.
-and this deponent recollects that the said Booker observed to the said Gillentine that it was a hard matter for a man to know his own child and that if the sd Gillentine went to live with Elenor Chisum that it was likely he would suffer as she was not able to maintain him
-to which the said Gillentine answer’d that he would live with her on day bread if she would be so kind as to let him live with her
-this Deponent further saith that the above named Thomas Mumford endeavor’d to bring back the sd Gillentine by force and laid violent hands on him for that purpose and a smart scuffle ensued so that this Deponent interfered to revent the said Mumford’s forcing him away
-and that the said Gillentine locked himself up in a room for fear that the said Booker and Mumford wou’d bring him back by force,
-and this Deponent things at that time that the said Gillentine was in his proper mind and that he talk’d as rationally as he had done for many years part and that this Deponent thinks he was at that time capable of making a bargain further this Deponent sayeth not.
(Signed): Moses Hill
Amelia to wit:
In persuance to a commission of dedimus to us directed we have this 24th day of March 1790 at the House of John Chisum examin’d Moses Hill …. who deposed as above. John Chisum & wife and George Booker being present.
(Signed): John Royal, Joshua Chaffin.
(Image 19) (cover page for depo on Image 18)
(Image 20) (Will of Nicholas Gillentine produced by Booker and Mumford)(Note: This appears to be the will that Mumford and Booker produced)
In the name of God amen, I Nicholas Gillentine of Amelia County being in perfect sens and memor do constitute make & ordain this my Last Will and Testament …
-First, my will and desire is that my whole estate both real and personal be sold.
-Secondly the money arising therefrom after my just debts are paid be divided between my three daughters Catharine Brown, Elizabeth Collins, Ellinor Chisum, and the children of my deceased daughter Ann Hilsman’s children is to have the 4th part of my Estate divided amongst them & all the rest of my Estate to be divided among my three daughters above named which Estate I give to them & their heirs.
-My will and desire is that my grand son William Gillentine shall not have any part of my estate as I have given his Father in his lifetime what I intended.
-Lastly I give and bequeath unto my trusty friends George Booker & Thomas Mumford my land for the above use & appoint …
(Note: It appears the Will is continued on another page, but not found anywhere else in the 80 pages) (NOTE: It appears the the part of the will that John Chisum and Ellenor had a problem with is where it devises Nicholas Gillintine’s land to George Booker and Thomas Mumford. Everything else seems similar to the other will – which was supposedly identical to Nicholas Gillintine’s prior will he had written while his wife was still alive. The will that Booker and Mumford introduced was written Dec 2, 1771 according to Amelia Co, Va WB 2, p 71-72. The Will introduced in Halifax Co, Va by John Chisum was written in Oct 21, 1772 – just 10 months later. Was he suddenly unable to make the same decisions he was able to make 10 months prior? Maybe both wills should have been kicked out and gone back to the original will that was written before Gillintine’s wife died – which allegedly was identical to the Will that John Chisum introduced in Halifax Co, Va.).
(Image 21) Amelia County Court October 1773
This will was proved by the oaths of Mr Hilsman & R Willson – sworn to by the executors & ordered to be recorded &etc.
A Copy, T Peachy
(Cover on bottom of image) Copy Nichs Gillentine’s Will for John Chisman
(Image 22) (Repeat of Image 21)
(Image 23) Know all Men by these presents that I Daniel Brown of Johnston County in the Province of North Carolina for divers good causes & consideration and hereunto moving, have made, ordained, authorized appointed and by these presents do make ordain authorise and appoint my loving son Peter Brown of Halifax County in the Province aforesaid my true and lawful attorney for and in my name and to any the to ask, demand, sue for recover & receive of George Booker of Amelia County in the Colony of Virginia all such sum & sums of money debts demands whatsoever which are now due and oweing unto and the said Daniel Brown by & from the said George Booker as money received by him & for any the for and fourth part of a tract of land & … moveable estate ordered & … to be sold by the Will of Nicholas Gillington & to be equally divided amongst 4 of his children, one of which is now the wife of the Daniel Brown named Catharine and to have … for the recovery of the same, and to do all lawful acts & things … my Seal this 14th day of March …
(Image 24) … 1774
(Signed): Daniel Brown
Signed sealed & delivered in presence of: Levi Guthrie, Betsy Guthrie
(Cover page on bottom of image)
(Image 25) (repeat of Image 24)
(Image 26) Halifax April Court 1774
Ordered that John Clements, Isham Clements, John Hughes and Edward Tabb or any three of them being first sworn according to law do appraise the slaves if any and personal estate of Nicholas Gillington deceased in Amelia County and return … to this Court.
(Signed: P Carrington)
(Image 27) Isham Clement, John Hugh and Edward Tabb was this day sworn before me.
(Signed) Edmd Booker
Amelia County, Sept 21, 1777
One old negroe woman
one old saddle
one old rug
(Signed): John Hughs, Edward Tabb, Isham Clement
(Image 28) (Cropped repeat of Image 27)
(Image 29) To the Worshipful the Justices of Amelia County Court in Chancery sitting the joint and several Answers of John Chisum and Eleanor his wife to a Bill of Complant exhibited agaiinst them by Thomas Mumford and George Booker in the capacity of executors of the Testament and last will of Nicholas Gillintine deceased complainants &etc.
These Defendants excepting to the many vague false and uncertain allegations in the complainants said Bill contained for asnwers thereto or to such part thereof as these Defendants are advised is material for them … answers unto … say that they admit that the said Nicholas Gillintine the father of this Defendant Eleanor did depart this life in an advanced age at at or about the time set forth in the complanants said bill and that the complainants or and of them may have been possessed of a paper purporting to be the Last Will and Testament of the said Nicholas Gillintine in which they may have been named Executors, which these Defendants also admit may have been recorded in the Court of Amelia County, the Execution of which these Defendants have been always informed and are induced to believe was obtained by undue fraudulent and designing means exercised by the Complainants toward the said Nicholas Gillentine, and for unjustifiable and wicked purposes – part of the contents of which said paper these Defendants are informed and hope to prove was objected to by the said Nicholas Gillintine at the time of executing the same.
These Defendants …
(Image 30) … say further that some time after they had been resident in the County of Halifax they came to the County of Amelia afsd for the purpose of visiting the said Nicholas Gillintine the Defendant Eleanor’s father when they found him at the house of a certain _____ deprived of every comfort and almost necessarys of life, and treated in the most servile and inhuman manner, that upon the said Nicholas Gillintine’s seeing the Defendant Eleanor his daughter he expressed himself with emotions of joy, and solicited the said Defendant that he might be permitted to leave the place in which he was then confined and most inhumanely treated and go with the said Defendant Eleanor and live with her in the County of Halifax.
That the said Defendant Eleanor urged by feelings of humanity and by the still more natural ties of filial duty and affection instantly assented and began to make preparation for that purpose, that when the said Complainant George Booker became acquainted with this circumstance he hastened to the place where this Defendant and her aged father were, and after in the most insinuating and artful manner indeavouring to peruade the said Nicholas Gillintine that the Defendant Eleanor was not his daughter, and that he did not retain a knowledge of his own children.
The said Complainant George Booker unable to effect his purpose by that means attempted by force to arrest the said Nicholas Gillentine and expressly against his consent from the care and …. of his said Daughter, that the said Defendant Eleanor having been successful in this contest conveyed her aged father to her place of residence in the said County of Halifax that the said Nicholas Gillintine after his arrival in the County of Halifax frequently informed these Defendants of the inhuman treatment he had received in the County of Amelia and that the complainants had by under means induced him to execute a paper purporting to be his Last Will and Testament, the contents of which paper are dictated by the complainants and were expressly contrary to his will desire consent and that the said complainant George Booker having under pretense of Deeds or other writings possessed himself of the said Nicholas Gillintine’s estate had executed a writing obligatory by which he bound himself in the penalty of 500 pounds to see the estate of the said Nicholas Gillintine forthcoming to his Executors after his death and named himself one of the Executors. That the said Nicholas Gillintine then proceeded to make his Last Will and Testament bearing date the 21 day of October in the year … 1772, and thereof appointed and constitued the defednants John Chisum his whole and sole executor an attested copy of which said Will is hereto annexed and prayed to be taken as part of this answer, these Defendants say that they believe the said Nicholas Gillintine at the time of executing the said Will possessed the use of his intellectual powers to as great a degree as men in his advanced stage of life generally do, and these Defendants deny that any undue means, influence or persuasion were exercised by these Defendants towards the said Nicholas Gillintine to induce him to make the said Will, and these Defendants are informed tht the contents of the said Will are precisely consistent with a former Will executed by the said Nicholas Gillintine many years previous to the date of his said Will last executed. These Defendants …
(Image 31) … say that the said Defendant John Chisum having been named executor thereof hath proceded to have the same directly proven and recorded, hath taken upon himself the burthen of execution thereof and hath been esteemd the legal executor thereof by all the Legatees therein named, which will fully appear by reference to the several papers here exhibited marked N.2, N.3, N.4, N.5, N.6, N.8.
These Defendants further say that they admit that the said Nicholas Gillintine in his lifetime did execute two Deeds in the nature of Deeds of Gift or trust to these Defendants the one bearing date the 8th day of January 1773 the other the 7th day of April 1773, both of which are here exhibited for the more accurate information of your Worships.
That Defendants further say that the said Nicholas Gillintine executed the said Deeds of his mere will and pleasure and that no undue persuasions or influence were exercised by these Defendants towards the said Nicholas Gillintine to induce him to execute the same or either of them, and that at the time of the execution of them he had the proper use of his mental faculties as far as these Defendants know or believe.
These Defendants say that although the said Deeds conveyed the absolute right and title of all the moveable and immoveable estate of the said Nicholas Gillintine to these Defendants, and these Defendants might have awarded themselves of the same for that purpose, yet they were intended only as Deeds of trust agreeably to the tenor and meaning of a certain other preceeding deed bearing date the 10th …
(Image 32) … 10th day of December 1772, that these Defendants should have a right and title to all the property therein specified during the life of the said Nicholas Gillintine and after his death to distribute the same agreeably to the true intent and meaning of his said last executed Will, and these Defendants thinking it right and reasonable that the rest of the children of the said Nicholas Gillintine should have a proportion of his estate and being desirous to execute the trust reposed in them, proceeded to have the said Will recorded and to administer the said Estate agreeably to the true intent and meaning thereof.
These Defendants admit that some conversation … between the complainant George Booker and the Defendant John Chisum with respect to the Will executed by the said Nicholas Gillintine after his residence in the County of Halifax in which this Defendant refused to make any discovery to the said Complainant George Booker concerning the same, as well because this Defendant conceived himself not bound to do so, as because he was fully convinced from the tenor of the said Complainant George Booker’s conduct he would be disposed to make an improper use of any such discovery, provided in were in his power to do. This Defendant John Chisum conceived himself more justifiable in so doing because he was totally ignorant of the effect of such discovery in law …
(Image 33) … with which he was wholly unacquainted &etc without that that &etc, &etc.
And these Defendants pray to be hence dismissed with their reasonable costs and charges in this behalf wrongfully sustained …
Wm Giles – For the Defendant.
Amelia County towit:
This day came before me John Royall Jr a Justice of the Peace of the said County, John Chisum and Eleanor his wife and made oath that every matter and thing contained in this answer so far as relates to their own actings adn doings are true and so far as they relate to the acting and doings of any other person or persons they believe to be true. Given under my hand this 20th day of November 1787.
John Royall Jr.
(Court Cover Page on bottom of image)
(Image 34) (Repeat of Image 33)
(Image 35) (Nicholas Gillintine’s Last Will & Testament in possession of John Chisum and wife Ellenor) In the name of God Amen, I Nicholas Gillington of Halifax County being weak in body but in sound perfect sense and memory, thanks be to God for the same, calling to mind that mand must die and after that must come to judgment do consider that what of our affairs are not settled in this life cannot be settled hereafter, do make and ordain this my Last Will and Testament … disannulling all other Will or Wills whatsoever and to proceed. …
… I give to my daughter Catherine Brown one feather bed to her and her heirs
… to Elizabeth Collins I give one feather bed to her and her heirs
… to Elizabeth Chisum daughter of John Chisum I give one feather bed to her and heirs.
… to my son John Gillington I have given 400 acres of land what intended should have been his full portion. Nevertheless to make matters out of dispute I give to his heir 5 pounds cash.
… to John Chisam I give my land and plantation which I now possess in Amelia County containing 300 acres to be at his one disposal for which reason he is to pay to Catherine Brown or to her heirs 20 pounds
… and to Elizabeth Collins her heirs 20 pounds …
… to Ann Hillsman or her heirs 20 pounds
… to Eleanor Chisum or her heirs 20 pounds
… to Priscilla Hendrick my grandaughter or her heirs 20 pounds
… and as to … my negroe woman Ronsha shall chose her mistress among my daughters and they that she shall chose shall pay 20 pounds to be equally divided among all my children
… and the rest of my moveables shall be equally divided among all my children now living and two of my granddaughters which is Elizabeth Chisum wife of John Estes and Jarushea daughter of John Gillington deceased.
I therefore make and ordain John Chisum my whole and sole executor of this my last will acknowledging this to be my Last Will & Testament made in the year …. 1772 and on the 21st day of October. In witness whereof I have hereunto set my hand.
(Signed): Nicholas Guillinton
(Wits): John Dyer, John Templeton, James Chisum, Elenor Luck
A Copy Test: Carrington, C
(Image 36) At a Court cointinued and held for Halifax County the 16th December 1773.
This Last Will & Testament of Nicholas Gillington decd was proven by oath of James Chisum a witness thereto and ordered to be certified.
Test: P Carrington.
At a Court held for Halifax County the 20th January 1774
This Last Will and Testament of Nicholas Gillington decd was further proved according to law by oath of John Templeton one of the subscribing witnesses thereto and the same was ordered to be recorded.
Test: P Carrington.
At a Court held for Halifax County the 21st day of April 1774
This Last Will & Testament of Nicholas Gillington decd was further proven by the oath of another of the witnesses hereto, and ordered to be recorded. And on the motion of John Chisum the executor herein named who made oath hereto according to Law, certificate was granted him for obtaining a probate here of in due form, giving security whereupon he with Moses Estes Sr, Byrd Prewit, Moses Estes, William Gent, Robert Brumfield, Thomas Tinsley & John Estes his securites entered into and acknowledged their bond with condition according to law.
Test: P Carrington.
(Cover page at bottom of image)
(Image 37) (Repeat of Image 36)
(Image 38) (An Inventory and Appraisement of the Estate of Nicholas Gillingtine – itemization of moveable goods)
Nov 29, 1773
(Signed): John C Cobbs, John Hughes, Edward Tabb
(Exs): Thomas Mumford, George Booker
(Image 39) Amelia County Court May 22, 1777
This inventory and appraisement of the Estate of Nicholas Gillintine decd was returned and ordered to be recorded.
C Peachy, CC
(Court cover page on bottom of image)
(Image 40) (Repeat of Image 39)
(Image 41) (Letter) Sir, I understand that Nicholas Gillington by his Will gave my wife a certain legacy which estate you have in your hand if so I … you may come and make payment otherwise me at next Amelia Court and bring a copy of the Will and I shall be their or some other in my behalf on … acting you may expect imadeate trouble from ye Etc etc.
(Signed): Nathaniel Hendrick
Oct 25, 1782
(Image 42) To Mr Nathaniel Hendrick my pen
I John Chisum my hand
Know all men by thes presents that I Obadiah Chisum
(Image 43) (repeat of Image 42)
(Image 44) (repeat of Image 42)
(Image 45) Amelia
This day came John Chisum before me a Justice of the Peace for the said County and made oath … that Moses Hill and Priscilla his wife and John Hughes Sr and Maryann Hughes his daughter are material witnesses in a suit now pending in the said County Court of Amelia between George Booker & Thomas Mumford Exors of Nicholas Gillentine decd against the said John Chesum and wife. You are therefore desired to issue a Dedimus to take the above depos. Given under my hand this 16th day of March 1790.
To the Clk Amel.
(Image 46) (Deposition of Priscilla Hill) Priscilla Hill of Lawful age being first sworn …. deposeth and sayeth,
-that this Deponent was call’d upon to take notice of a conversation that pass’d between Nicholas Gillentine, his daughter Ellenor Chissum & George Booker & that the sd Gillentine expressed a desire to go and live with his daughter the sd Ellenor.
-and that the sd Booker endeavor’d to dissuade him from his purpose and told him that his daughter was not able to maintain him to which the said Gillentine answer’d wou’d you not think it hard if your wife was dead as mine is that you shou’d be prevented from being with your child and be forced to live with strangers.
-to which the sd Booker replied Strangers indeed! we are no strangers but old acquaintances.
-the sd Gillentine said that is not like living with my child, my child is myself my own flesh and blood and still persisted in going to live with his daughter
-and that some time after the above conversation this deponant was at the house of Mathew Hillsman and that either George Booker or Thomas Mumford was there also which of them this deponant does not recollect, and that whichever it was endeavor’d to prevail on the sd Nicholas Gillentine to alter his Will, and to give what he had alloted to Ann Hillsman (his daughter who was then dead) to her children which he refused but upon the sd Booker or Mumford’s insisting on what was proposed he turn’d his back and said I suppose you will do as you will do.
Further this Deponent sayeth not.
(Signed): Priscilla Hill
In persuance to a commission of Diddemus to us directed we have this 24th day of March 1790 examined Priscillia Hill … at the house of John Chisum who deposed as above John Chisum & wife & George Booker being present.
(Signed): John Royall Jr, Joshua Chaffin
(Image 47) (Cover page for deposition)
(Image 48) (Deposition of Anne Meryweather) Anne Meryweather of lawfull age being required as a witness in a suit now depending in the County Court of Amelia between Gillentine Exrs Plaintfs and John Chissum Deft and being first sworn … deposeth and sayeth.
-That in the year John Chisum and Elliner his wife came to Mathew Hilsman’s where Nicolas Gillintine then lived and as she understood persuaded the said Nicholas Gillintine to go with them to Hallifax.
-This deponent further sayeth that she was at Mathew Hilsmans where Nicolas Gillentine lived that Ellenor Chissum and George Booker was both of them their at the same time.
-that in disputing about Nicolas Gillentine not being capable of making a Will George Booker asked the said Nicolas Gillintine if he knew what day of the week it was who answered no. He then asked him if he knew how many children he had, who answered no.
-This deponent further sayeth that she was cached(sp?) on by George Booker to take notice that Nicolas Gillintine neither knew the day of the week nor how many children he had.
-This deponent further sayeth that she was acquainted with the sd Gillentine from her childhood, and that he was then at that time so impaired in his sense and memory that she doth not think that he was capable of making a will and further this deponent sayeth not.
(Signed): Anne Meriwether
Taken before us at Mr George Booker
This 17th day of Feb 1790, partyes present
Thomas P Overton, Joshua Chaffin, Davis Booker
(Image 49) (Cover page for deposition)
(Image 50) (Deposition of John Hughes) John Hughes of Lawfull age being first sworn …. deposeth and saith that this Deponant saw Nicholas Gillantine at the House of John Hill with his daughter Elenor Chisum on his way to Hallifax and that he the sd Gillantine seemed to be desirous of going to lie with the sd Elenor,
-and that sd Elenor informed this deponent that Thomas Mumford had endeavor’d to prevent him the sd Gillentine going with her and had made use of force for that purpose and had hurt her finger in the attempt upon which this Deponant asked the sd Gillentine if he was not a free man and if he had not a right to go where he pleased to be sure he said,
-I this deponent further saith that he asked the sd Gillentine several questions and from the answers he made this Deponent thinks that he was in his proper mind and that he appeared to be as rational as men generally are of his age.
And further this Deponent sayeth not.
(Signed): John Hughes
… taken this 24th day of March 1790 at the house of John Hughes …. John Chisam and Geo. Booker being present.
(Signed): John Royall Jr, Joshua Chaffin
(Image 51) (Cover page for deposition)
(Image 52) Received of John Chisum 12 pounds and 10 shillings which is part of the 20 pounds of what my father left me in his land.
(Signed): Elisabeth Collins
Test: William Craddock Jr
(Image 53) (Cover page for N.3)
(Image 54) October the 9th 1792
Received of John Chisum … extr 19 pounds of Nicholas Gillinton decd of what John Chisum hath in his hands.
(Signed): Peter Brown
Test: Jacob Utley, Edward Tabb
(Image 55) (Cover page for N.4)
(Image 56) Order for Sherif of Amelia County to summon John Chisum & Elenor his wife to appear in County Court on the 4th Thursday in this month to answer a Bill in Chancery …. by Thomas Mumford and George Booker executors of the last will and testament of Nicholas Gillintine decd … wit T Peachy clk of our sd Court at the Courthous aforesaid the 12th day of January 1774 …
(Signed): John Pride, DC
(Image 57) Executed Jan 7, 1774. (Signed) Robert Hudson, DJ
(Cover page also in image)
(Image 58) (Repeat of Image 57)
(Image 59) Order for Sheriff to summon John Chisum to appear … to answer a Bill in Chancery by George Booker and Tho. Mumford … (Singed) Peachy, Clerk.
Copy Left – January 13th 1774, (Signed): Robert Hudson, DJ
(Signed) John Price, DC
(Image 60) (Cover for N.1)
(Image 61) (Cover for N.1 and other covers)
(Image 62) We John Chisum and James Collins do oblidge ourselves our heirs etc to pay Joseph Collins his heirs etc the sum of 5 pounds out of the estate of Nicholas Guillintine deceased the 1st money we git of the same and if the said Chisum recover al to himself as by his proceeding may be expected he promises of himself provided the said Joseph attend on mundy the 24th of Jany at the Decd plantation then and there to serve the said Chisum in the sale of the said Estate to conduct … and order as well by writing Bond etc as displaying the whole matter witness our hands this 19th day of Jany 1774.
(Signed) John Chisum, James Collins
(Image 63) James Collins part of this bond is L2.10 to pay to Joseph Collins. (Cover for N.6 on image as well)
(Image 64) (Repeat of Image 63)
(Image 65) … to the Sheriff of Amelia County … we command you that you attach John Chisum so that you ahve his body before the justices of our said County at the Courthouse … on the 4th Thursday in November … to answer … witness Thomas G Peachy, Clerk of our said Court the 11th day of Sept 1787 …
(Signed): Holmen, DC
For not answering a bill in Chancery exhibited against him by Thomas Mumford and Geo Booker Exors Nicholas Gillintine
Test: G Holmen, DC
(Image 66) (Cover for Atta for Answer) – To Novem Court 1787. Executed. (Signed): Waller Ford, DS
(Image 67) … as on behalf of Chissum Deft … Order to examine witnes Thomas Griffin … 28th Jan 1790.
(Image 68) Amelia County
On the motion of the Plts or Dedimus is awarded him to take deposis.
(Image 69) … on behalf of John Chesum and wife as on behalf of Geo Booker &etc exors of Nicholas Gillintine decd …
… command and you or any two or more of you call and cause to come and examine …. and their examination in our said County Court of Amelia distinctly and plainly without delay you shall send and certify inclosed returning also to us this wright witness TG Peach Clerk of our said Court the 16th day of March 1790 …
(Signed): Thos V Brooking, DC
(Image 70) (Cover page)
(Image 71) (Cover page for cont and depo)
(Image 72) (Cover page)
1787 August Rules atta for Ans
1787 Nov Rules Answer filed
1789 July Court Genl Repn & Court to take depo
(Image 73) (Image of folder – Gillentine’s exors. v. Chissum’s exors. (3 items)
(Image 74) (Hand drawing of a house – with caption underneath stating: “Nicholas Gillintine his hand in the 97 the year of my age 1773”).
(Image 75) (Another less detailed drawing – uncertain of what – initials “L. N.” next to drawing.)
(Under drawing is the following):
To John Chisum in Botetort County at (? hard to read copy – 2 words)
(To left of writing is the name: John Chisum)
(Image 76) (Letter) Dear Friends,
As this matter of contrversie which is under debated relative to the Estate of Nicholas Guillintine deceased our father etc lies yet undetermined and appears to be held by John Chisum as Executor of the Last Will of the said Deceased legally proven in our Halifax Court it is our private oppinion for our selves and would be glad of all your correspondence that the same might be submitted to the tenour of the same Last Will that we migh more speedily enjoy each one their respective lecacie in the same devised.
Given under our hands this 16th day of September 1775.
(Signatures – the signatures are faint): Nathan ?, Elisabeth Collins, John? E?, Ellennor Chisum
(Image 77) (Cover Page for N.5) with names: Nat Hendrick, Elisabeth Collins, John Estes, Ellennor Chisum (These appear to be the names signed on the previous Image 76)
(Image 78) Know all men by these presents that I Nicholas Gillintine of Hallifax County have given granted and confirmed onto John Chisum of the same County all my estate both moveable and immoveable that is to say all my lands and Stock of all kind and all … and my negro woman named Nose and that I have made the said John Chisum my hole and sole executor to act and do bargin by and sell pay all my just depts and to settle justly with all persons from this time tell my deceas and that the said John Chisum on his heirs shall well and truly pay on to my childrin the same as was left to them in my will as Mr George Booker wrot for me in my wife’s life as we witnessed by the hands of John Hurt and James Chisum.
The said John Chisum has bin and trusted with my concerns upwards of 30 years at sundry times and I allways found him true and faithfull in all things committed to his care. Therefore it was my will and is my desire that he shall act and do for me to the end and after my life as witness my hand this 16th (or 15th) day of December 1772 Sign’d and delivered in the presents of: (Signed): Nicholas Gillintine.
(Wits): Chloe Chisum, Charles Hunt, John Dyer, Joshua Eckhols
(Image 79) (Very faded page – of the portion that is readable it appears to be an accounting of who was paid – but not able to read the copy placed online)
(Image 80) (Image of the backside of folder – no writing)
1812 Oct 30 – Obediah Chism to Jesse Barber, bk 6, p 68. Warren County, Kentucky
… between Obadiah Chism and Nancy Chism his wife of the County of Robertson and State of Tennessee of the one part and Jesse Barber of the Indiana Territory Knox County of the other part … in consideration of the sum of 50 dollars …. sold unto the said Jesse Barber …. land … in the County of Warren … containing 19 and 1/2 acres ...
Signed: Obediah Chism, Nancy Chism
Wit: John Estes, Joseph Covington.
1825 Oct – Last Will and Testament of John Estes – Warren County, Kentucky Name: Jno Estes
Residence Date: Abt 1824
Residence Place: Warren County, Kentucky
Will Date: 20 Nov 1824
Probate Date: Oct 1825
Probate Place: Warren, Kentucky, USA
Inferred Death Year: 1825
Inferred Death Place: Kentucky, USA
Item Description: Loose Papers For Vol A-C, 1797-1985 https://www.ancestry.com/discoveryui-content/view/151320:9066?ssrc=pt&tid=69705632&pid=322337343816