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To the Honorable Justices of the County Court of Madison sitting humbly complaining show to your Honors your Orator and Oratories Rebecca Nichols, William H. Brown and Sarah E. his wife, A. C. Eaheart and Mildred J. his wife, Catherine F. Nichols and Marie E. Nichols state about three months ago Edwin Nichols departed his life intestate in the aforesaid County of Madison and in the State of Virginia leaving a considerable estate, real and personal, and that one Burwell Melene had qualified as Administrator of said decedent and possessed himself of all the personal estate, as office copy of which order of qualification is therewith filed market (A) and asked to be read as a part of this Bill in that said Edwin Nichols left at the time of his death as his sole
heir and distributes, your oratories Rebecca Nichols as his widow and relict and seven children, 1. Sarah E. Brown who was Sarah E. Nichols before she intermarried with William H. Brown, your complainants. 2. Mildred J. Eaheart, who was Mildred J. Nichols before she intermarried with A. C. Eaheart your complainants. 3. Catharine F. Nichols your oratories, 4. Marie E. Nichols your oratories, 5. William E. Nichols who is a minor and under twenty one years of age. 6. Benjamin S. Nichols who is under twenty one years of age and 7. Lucy E. Nichols who is also under twenty one years of age that said Edwin Nichols at his death was owing some debts, but the personal estate of the decedent exclusives of the negroes is sufficient to pay them and by an agreement between your - complainants, and the said Administrator of Edwin Nichols, the said Administrator is authorized to use the sale money of the purchasable estate to buy Bank notes of the State of Virginia in order to pay off all the debts against said estate; which agreement is herewith filed marked (B) and asked to be read as part of this Bill. By this arrangement the land and negros of the decedent can be divided at once among the parties entitled thereto, which is much to be desired - The said decedent was possessed at his death of five hundred and fifty five acres of land and seventeen negros.
(I have more on this case and will try to transcribe as time allows)
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Rebecca Nichols, William H. Brown and Sarah E. his wife. A.C. Eaheart and Mildred J., his wife, Catherine F. Nichols and Mary E. Nicholson, Plffs.
vs. Burwell Melene, Administrators' of Edwin Nichols, dec'd, William E. Nichols, Benjamin S. Nicholson and Lucy E. Nichols, defts.
On motion of the plffs. F.H. Hill is appointed guardian for the infant defendants William E. Nichols, Benjamin S. Nichols and Lucy E. Nichols and witnessed the their filed answers, and this cause coming on to be heard upon the Bill and Exhibits and answers of Burwell Melene administrator of Edwin Nichols, dec'd to the aforesaid infants by F.H. Hill thier guardian, after hearing the arguments of counsel, your consideration thereof the court doth adjudge, order and decree that R.R. Whiteloro, G.S.H. Stodelll, Y.M. Yowell, B.F. Graves and William E. Jackson, who are hereby appointed commissioners for the purpose any __? or move to act after being duly sworn do assign to Rebecca Nichols as widow of Edwin Nichols, Dec'd in dower in the five hundred fifty five acres of land __? by the decedent at his death including her eight of dower in the lot of 17 acres sold to Y.M. Yowell, having regard to quality and quantity and also assigned her dower in the negroes of said decedant and __?divide the remainder of the 555 acres into seven equal lots having regard to quality and quantity
and assign one lot to Sarah E. Brown one lot to Mildred J. Eahart, one lot to Catherine F. Nichols, One lot to Marie E. Nichols, one lot to William E. Nicholson, one lot to Benjamin S. Nicholson, One lot to Lucy E. Nichols and in making this division the administrators are authorized to ____? a survey________?
After dower has been assigned to the widow in the negroes, the court will decided to divide the remainder of estate into seven equal lots and assign one lot to William H. Brown and Sarah, his wife, one lot to A.C. Eaheart and Mildred his wife one lot to Catherine F. Nichols, one lot to Marie E. Nichols, one lot to William E. Nichols, one lot to Benjamin S. Nichols, one lot to Lucy E. Nichols.
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Memorandum of an Agreement made and entered into this the 5th day of April 1865, between Rebecca Nichols, widow of Edwin Nichols, dec'd, Catherine F. Nichols, Mary E. Nichols, Adam C. Eaheart and Melana J. his wife, and William H. Brown and Sarah E. his wife, legatees of the estate of said Edwin Nichols dec'd of the first part and Burwell Melene Administration of said Edwin Nichols dec'd of the second part, witnessed that whereas, the Estate of said Edwin Nichols is in debt to sundry __? in the aggregate sum of above three thousand dollars, which debts were contacted by the said Edwin Nichols before this present war, and where as the creditors aforesaid to them the said money is due and unwilling to receive the amount of these claims in the present __? currency, but by way of compromise and willing to receive the amount of their ___? claim in current bank notes of the State of Virginia and whereas in order to obtain the said State fund it is necessary for the Administrator aforesaid to go in the market and purchase, the said state funds upon this but terms he can use the money among from the proceeds of the sale of the property belonging to said estate form the purpose - now - for this purpose of raising the said sum of three thousand dollars or such sum as may be necessary to liquidate the debts aforesaid, this said Burwell Melene Administrator,
as aforesaid is hereby authorized and empowered unto this funds arising from the sale of property belonging to said estate to go in this market and purchase upon the said terms he can. This amount of Bank notes of the State of Virginia necessary to liquidate this debt aforesaid - the parties of the first part hereby agreeing and binding themselves to the said Administrator harmless - so far as they, or any person claiming by or though them, may be effected by the purchase aforesaid, and this agreement, hence entered into.
Witnessed the following Signatures and Seals
F.H. Hill
Mordi Buckner
Rebecca Nichols (Seal)
Catherine F. Nichols (Seal)
Marie E Nichols (Seal)
A.C. Eaheart (Seal)
William H. Brown (Seal)
Sarah E. Brown (Seal)
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