1745 Dian Going b. abt 1745 m. John Kennedy, lived in North Carolina

1745 Dian Going b. abt 1745 m. John Kennedy, lived in North Carolina

Parents:

Children: 

  • William Kennedy
  • Polly Kennedy
  • Elizabeth Kennedy
  • Agnes Kennedy

Siblings:

  • Daniel Gowing b. abt 1735 (Note:  listed in probate as a buyer at estate, and living with Suffiah after Alexander’s death. One of the biggest buyers at Alexander’s estate sale).  
  • Sophia Gowing Jr b. abt 1739 m. David Logan (Note:  listed in probate as buyer, files suit against mother as admin of Alexander’s estate). 
  • Alexander Gowen Jr b. abt 1742 – d. ?  (Note:  listed as buyer in probate and living next to Suffiah after Alexander Gowen’s death)
  • Ursula Gowen b. abt 1745 – d. ? , m. to Johnathan Tyra  (Note:  Not confirmed yet).
  • John Goyen b. abt 1748 (Note: maybe a child of Alexander – listed as buyer in probate, and living next to Suffiah after Alexander Gowen’s death.  The confusing thing about the probate is that he is named “John Going Jr” which may mean this is actually Alexander Gowen’s nephew (son of John Going and Mary Keith Going).
  • Dian Gowing b. abt 1745 m. John Kenedy b. abt 1745 (see new information – suit in 1807 by her children against Sophia Gowing and Sherwood Gowing – found in Virginia Chancery Index – file 1809-001 shows she is a daughter of Alexander Gowing)
  • Jesse Gowing b. abt abt 1750 (Note:  listed living next to Suffiah after Alexander’s death).
  • Sherwood Gowing b. abt abt 1748-58 (Note:  Transactions in 1800 and 1814 state that Sherwood Gowing is son of Suffiah, BUT this may be the son of Suffiah Gowing Jr since the transactions are in 1800 and 1814).

FACTS and NOTES: 

(Note: It appears that Alexander Gowing had another daughter not known before – Dian Gowing who married a John Kennedy. They had children William Kennedy, Polly Kennedy, Elizabeth Kennedy, and Agnes Kennedy – who all filed suit in 1807 for their deceased mother’s share of her estate that Alexander Gowing’s widow, Sophia Gowing (and her son Sherwood Gowing) had apparently used for themselves without distributing it to the other heirs – there were other suits by other children against Sophia before this – it appears Sophia didn’t want to distribute anything. My guess is that she was a 2nd wife of Alexander, and many of these children were not hers but were Alexander’s from a prior marriage – but just a guess). 

1807 May (Petition in Chancery Court) – To the Worshipful Court of Pittsylvania County in Chancery sitting. Humbly complaining shew unto your worships your orator William Kenedy, Polly Kenedy, Elizabeth Kenedy & Agnes Kenedy that some time about the year 1774 a certain Alexander Going of that part of Orange County now called Caswell in the State of North Carolina being possessed of a considerable property died intestate. Whereupon his estate descended to his children in coparcenary, among whom was Dian daughter of the said Alexander and mother of your orators who was entitled to one part of said estate. Which part your orators claim as children and heirs of the said Dian who had intermarried with John Kenedy both of whom said John and Dian Kenedy have since deceased.
Your orators further represent that Sophia Going widow of said Alexander acted as administratrix of the estate of said Alexander, for altho from a variety of circumstances, particularly as the division of the County of Orange, copies of Records and papers belonging to the Clerks office became more difficult to procure, your orators have not been able to obtain a copy of the appointment of the administrator, yet the said Sophia returned an inventory of said Estate to the Court of Orange at February Sessions 1775 signed by herself as administratrix, as will appear by a copy of the inventory certified in due form and here made an exhibit in the cause as a part of this bill – at May sessions following a return of sales was made of said Estate which amounted to 2676.16.4 North Carolina Currency. A copy of which being also authenticated as aforesaid from said Orange Court is also offered as a part of this Bill.
Your orator further states that most or a great part of the property aforesaid was purchased by the said Sophia and by her either sold or delivered to a certain Sherwood Going, who together with the said Sophia have fraudulantly and unconscientiously converted it all to their own use without rendering any amount to your orators or their ancestor Dian of the distributable share belonging to her the said Dian. And they do still most unjustly and iniquitously refuse to account with your orators for the share which they claim in right of this ancestor Dian as her heirs at law.
In tender consideration when of and for as much as your orators are remedies in the premises at common law and relievable only in a court of equity where matters of this kind are peculiarly cognizable. To the end that the said Sophia Going and Sherwood Going be made defendants to this Bill of Complaint and on their coporal oaths true full & perfect answers be compelled to make to the forgoing allegations as fully and completely as if the same were herein again repeated and they then to particularly interrogated — that is to say that the said Sophia may say whether or not she was the administratrix of the estate of Alexander Going decd — whether or not there was any of said estate came to her hands, and how much, and how she has disposed of it. And that the said Sherwood Going may say whether any and what part of the said Estate came to his hands and how and from whom he received it and the times when received. To the end that a full and fair discovery of said estate may be made and that your worshi to your orators may decree such part of said estate as of right belongs to said Dian and grant other and further relief to your orators in the premises as may seem just and equitable. May it please your worships to grant the Commonwealth Court of (?) directed … and your orators as a duty bound will ever pray for.
Virginia Chancery Index – File 1809-001: https://www.lva.virginia.gov/chancery/

(Note: Interestingly, they do not say that Sophia is the mother of Dian, or that Sophia is their grandmother … Additionally, they do not note Sherwood as being their uncle – maybe they are that relationship to them, but I wonder if Sophia was a 2d wife of Alexander’s, and they considered his first wife their grandmother?)

1807 May 29 – The Commonwealth of Virginia.
To the Sheriff of Pittsylvania County. Greeting, you are hereby commanded to summon Sophia Going, supposed admx of Alexander Going decd & Sherwood Going – to appear before the surities of our said County Court of Pittsylvania at the Courthouse on the third Monday in August … then and there to answer … in Chancery exhibited against them by Polley Keneda, Agness Kenada, Elizabeth Kenada, & William Keneda, heirs of Dian Keneda & William Keneda, heirs of Dian Keneda who was one of the heirs of the said Alexander Going.
And this they shall in no wise omit under the penalty of L100 each and have them then this writ witness William Tunstall Clerk of our said County Court the 29 day of May 1807 in the 31st year of the Commonwealth.
Will Tunstall.
Virginia Chancery Index – File 1809-001: https://www.lva.virginia.gov/chancery/

1807 Oct 27 (order to bring Sophia and Sherwood to court for contempt) – The Commonwealth of Virginia to the Sheriff of Pittsylvania County, Greeting you are hereby commanded that you attach Sophia Going supposed admx of Alexander Going deceased and Sherwood Going
So that you have their bodies before the Justices of our County Court of Pittsylvania at the courthouse on the third Monday in next month to answer us as sell of a certain contempt by them to us offered, as it is said, as upon those things which to them shall be then and there objected and further to do and receive what our said Court shall in this part consider, and this you shall in no wise omit, and have them there this writ witness William Tunstall Clerk of our said County Court the 27 Day of October 1807 in the 32d year of the Commonwealth.
Will Tunstall
For not answering a Bill in Chancery exhibited agt them by Polley Keneda, Agness Keneda, Eliza Keneda & Wm Keneda heirs of Dian Kineda who was one of the heirs of the said Alexr Going.
Will Tunstall
Virginia Chancery Index – File 1809-001: https://www.lva.virginia.gov/chancery/

1807 Nov Ct – Polly Kenedy, Agness Kenedy, Elizabeth Kenedy, and William Kennedy heirs of Dian Kenedy who was ond of the heirs of Alexander Going decd v. Sophia Going supposed administratrix of Alexander Going decd, and Sherwood Going 8} In Chancery.
On the motion of the Defendants by their attorney, it is ordered that unless the Plaintiffs give them security for costs, withing sixty days, this suit be then dismissed at their costs.
Order Book 13, pg. 8. Pittsylvania Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C377-ZQQM-6?i=352&cat=376738

1810 June Ct – William Kenneda, Betsy Kennada, Polly Kennada, Nancy Kennada, and John Kenneda heirs and Legatees of Dian Kennada dec’d, Plaintiffs v Sophia Going & Sherwood Going, Defendants 256} In Chancery
On the motion of the Defendants by their counsel and it appearing to the Court that the plaintiffs are not inhabitants of this state. It is ordered that unless the Plaintiffs give security for the costs of this suit within sixty days the same be then dismissed for the want of such security.
Order Book 14. p. 256. Pittsylvania Co, Va
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKV-JLWW?i=144&cat=376738

1810 Aug Ct – William Kenneda, Betsy Kennada, Polly Kennada, Nancy Kennada, and John Kennada heirs and legatees of Dian Kennada decd, Plaintiffs v. Sophia Going and Sherwood Going, Defts 341} In Chancery
Levin Carter of this County comes into Court and undertakes for the Plaintiffs that in case the said Plaintiffs shall be cast in this suit they shall satisfy and pay all such costs, damages, and charges as shall be awarded against them, or that he the said Levin Carter will do it for them.
Order Book 14. p. 341. Pittsylvania Co, Va
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKV-JLSK?i=187&cat=376738

1811 May Ct – William Kennada, Bestey Kennada, Polly Kennada, Nancy Kennada & John Kennada heirs and legatees of Dian Kenneda dec’d v. Sophia Going & Sherwood Going 557} In Chancery.
The further time of 60 days is all owed the parties to examine and take the depositions of their witnesses in this cause.
Order Book 14. p. 557. Pittsylvania Co, Va
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKV-JL37?i=295&cat=376738

1815 March Ct – William Kennada, Betsy Kenneda, Polly Kenneda, Nancy Kenneda, and John Keneda heirs and legatees of Dian Keneda decd, Plaintiffs v Sophia Going and Sherod Going, Defts 442
Order Book 16, p 442. Pittsylvania Co, Va
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSL6-BQXC-8?i=239&cat=376738