Chancery Suit - George Preas & others Vs Charles W. Preas & others 1890 – 1897
This Suit was very difficult to transcribe due to the terrible handwriting. It consisted of 60 scanned pages and this is a summarized version of the Suit. The Library of Virginia web site has a large listing of Chancery Suits for public viewing. Questions - jrpreas@suddenlink.net
This Suit Concerns the children of Joseph Preas Jr. & Mahala Preas.
On 22 October 1890, George H. Preas, Martha Ann Thornhill and husband Harvey J. Thornhill filed a Suit. In it they state that Mahala Preas died in
1890 in testate leaving surviving children: George H. Preas, Martha Thornhill, Charles W. Preas, Sarah J. Trent, Fanny McCarty, Joel R. Preas, Joseph N.
Preas, James Preas & Mallie Booth, and infant children of William E. Preas, deceased.
They state that Mahala Preas owned a tract of land consisting of 146 acres and, since it should not be divided, a sale of the land would be necessary.
They also claim that Fanny McCarty and husband Bennett McCarty “took possession of and sold all of the personal property belonging to the estate of
Mahala Preas” and refused to account for the proceeds of the sale, nor have they paid the debts of Mahala Preas.
So, in this Suit, there are three objectives. One is to have Fannie & Bennett McCarty declare how much money was collected in the sale of Mahala
Preas’ personal property and to have those funds handed over to the court. The second is to sell the 146 acres of land owned by Mahala Preas. The third is to have the proceeds divided among the true heirs of Mahala.
To do these things George & Martha had to involve the rest of their siblings. Since many of them were now living out of State, (in Texas and West
Virginia) it was a simpler step to file a suit, let the Court determine the actions needed and make the final judgment.
**Note: it looks like John Henry Preas is referred to as “James” often throughout this Suit. And I am not sure who Mollie (or Mallie) Booth is, though I
think this refers to Sarah Jane Preas Candler. Her husband, Thomas Candler died sometime around 1869, she probably remarried this Henry M. Booth.
It is not dated, but Joel R. Preas and James (John Henry Preas) answered this suit with the following:
“they are willing to have the land sold as prayed for by the complainants and they unite with them in this prayer for a sale, and a distribution of the
money amongst the parties willed to it.”
On 27 May 1891, Josiah Lautz, a surveyor, gave deposition declaring that Mahala’s land could not be “conveniently divided in kind” because it was a
small place.
On 5 June 1891, the Court made two decrees. First, the land in whole would be sold. Second, that Bennett McCarty “do render before one of the
Commissioners of this Court an account of all the personal property taken by him belonging to the estate of Mahaha Preas deceased, and what
disposition he has made of same and if any of it has been sold by him, state the price it brought, but before taking this account herein ordered, the
said commissioners shall cause personal notice to be served aforesaid Bennett McCarthy.”
This Suit has a copy of the “Original” handbill that was posted in the Bedford County, Virginia area. The following is what was on it:
“Commissioner’s Sale of a tract of Land near Stewartsville, in Bedford County. The undersigned Commissioners, appointed by the Circuit Court of Bedford County, in the Chancery suit of Preas &c., vs. Preas, will offer for sale on the premises on Wednesday, July 8th, 1891 a Tract of Land,
containing 146 Acres, 1 Rod and 26 poles, belonging to the estate of the late Mahala Preas, deceased. This Land lies near Stewartsville, in Bedford,
in
the neighborhood of Jeter’s Mill. This
tract of land has upon it the usual farm
buildings.
Terms of Sale! $75.00 cash, the residue upon a credit of one, two and three years, the purchaser to give bonds with good security, containing
waiver of the Homestead Exemption, and carrying interest from the day of sale. A.L. Dickerson, H.C. Lowry, Commissioners – June 18th, 1891”
In November 1891, the Court recognizes that the land has been sold but does not mention to whom. The Court assigns A.F. Dickerson as Commissioner
to collect the purchase money for the land sold and to deposit the funds in a Bank doing business in Bedford County, Virginia. It also ordered that the
Commissioner “do take an account of debts due and owing by the estate of Mahala Preas deceased, and make report to this Court.”
On
24 November 1891, Martha A. Thornhill signed a receipt for $20.00 “in full
of my interest in my Mothers Estate.”
But, also on 24 November 1891, Martha A. Thornhill signs the following:
“In value received I hereby transfer and assign to A.L. Dickinson my entire interest of my mothers Estate, Mrs. Mahala Preas deceased, together
with my interest in her bonded Estate which has now been sold and all personal property pertaining to the Estate give under my hand this Nov 24th
1871 [or 1891?]. Martha “X” A. Thornhill – H.J. Thornhill – Test E.P. Wright”
On 14 December 1891, the following document was signed by J.R. Preas and G.H. Preas:
“For value received we hereby transfer and assign to A.L. Dickinson our entire interest in our mothers Estate Mrs. Mahala Preas deceased, all
our interest in her personal property left by her at her death together with our entire interest in her real estate the land of which has been sold by A.L.
Dickinson Commissioner – Given under our hands this December 14th 1891. JR “X” Preas -- G.H. “X” Preas – Test H.L. Huddleston”
On 18 March 1892, Fannie (Preas) McCarty signed the following:
“Received this March 18th 1892 of A. L. Dickinson Twenty five dollars ($25.00) in full of our interests in the estate of Mrs. Mahala Preas
deceased. Fannie McCarty - Bennett McCarty – Witness W.E. Painter”
Again, on 18 March 1892, Fannie McCarty signs the following:
“For value received this March 18th 1892 we hereby transfer and assign to AL Dickinson our entire interest in a certain tract of land situated in
Bedford County, State of Virginia, near Stewartsville and formerly owned by my mother Mrs. Mahala Preas deceased and which was sold by the
said AL Dickinson as Commissioner in a suit in Chancery, in Bedford Circuit Court for a division of proceeds among the several legatees during
August 1872. Witness our hands and seals this the above day and date. Fannie McCarty – Bennett McCarty - Witness W.E. Pointer”
On 11 April 1892, Charles W. Preas signed the following (from a Notary Public in Nicholas County, West Virginia:
“Received of A.L. Dickinson Twenty five dollars payment in full of my entire interesting my mothers Estate Mrs. Mahala Preas deceased.
This April 11th, 1892. C.W. “X” Preas - Witness V.C. Legg”
Again, on 11 April 1892, Charles W. Preas signs the following:
“For value received I hereby transfer and assign to AL Dickinson my entire interest in my mother’s Estate Mrs. Mahala Prease deceased
together with her personal property and all her bonded estate which has now been sold by AL Dickinson as Commissioner and which has now been
referred to a Commissioner in Chancery by the Circuit Court of Bedford County, VA., to settle all debts the said estate be due – Witness my hand and
seal this April 11th, 1892. C.W. “X” Preas (seal)”
On 4 May 1892, John Henry Preas and Sarah Jane Trent signed the following in Delta County, Texas:
“For value received we hereby transfer and assign unto AL Dickinson all our interest and title in our Mother’s Estate, Mrs. Mahala Preas
deceased, our interest in all her personal property together with our interest in her bonded estate which has been sold by the said AL Dickinson as
Commissioner
under a suit in Chancery in Circuit court of Bedford County, Virginia.
This May the 4th 1892.
J.H. “X” Preas - S.J. Trent”
On 18 October 1892, Joseph Nathaniel Preas signed the following document in Raleigh County, West Virginia:
“Received this Oct 18th 1892 of H.L. Dickinson twenty five dollars payment in full of my entire interest in my mother’s estate [for] Mahala
Preas
deceased. Teste
J. N. Preas”
Also, on 18 October 1892, Joseph Nathaniel signed the following in Raleigh County, West Virginia:
“For value received I hereby transfer and assign to AL Dickinson my entire interest in my mothers estate, (Mrs Mahala Preas deceased) my
interest in her bonded estate which has been sold for a division among the several legatees by the said AL Dickinson who is Commissioner in suit of
Preas Vs Preas, together with my entire interest in all personal effects belonging to the above named estate given under my hand this Oct 18th
1892. J.N. Preas”
On 4 May 1894, Mollie J. Booth signed the following:
“Received this May 4th, 1894 A L Dickinson Sixteen dollars and eighty three cents in full of my entire interest in the bonded estate of Mrs.
Mahala Preas deceased and which was sold by the said A L Dickinson as Commissioner. $16.83 Mollie J. Booth Test”
***Note: I think this Mollie J. Booth is Sarah Jane Preas Candler – her husband, Thomas Candler, died some time around 1869 – she probably remarried
to Henry M. Booth.
On 4 May 1894, John Henry Preas signed the following:
“Received this May 4th, 1894 of A.L. Dickinson Sixteen dollars and eighty three cents in full of my entire interest in the bonded estate of Mrs.
Mahala Preas deceased and which was sold by the said A.L. Dickinson as Commissioner. $16.83 J.H. Preas Test:”
In May 1896, the Receiver, H.C. Lowry, reports to the Court the following:
“Preas VS
Preas -
Receiver Report
The undersigned receiver in the case of Preas Vs Preas respectfully reports that he has collected all the purchase money on the decree and
after paying allotted Debts against the estate amounting to $331.45 wherein includes my cost of the suit he has paid all the parties their respective
shares, and herewith files my reports and assessments for the same, to serve cause he too security and in other assignments, all of which are herewith
filed. Respectfully submitted A.L. Dickerson - My Counsel The deed has been sold to the {unreadable] H.C. Lowry”
**Note – the hand writing on this was terribly hard to read – but it looks like Mahala did owe some debts and, after they were all paid off, what was left was divided amongst the her heirs.
On 4 May 1897, John Henry Preas & Sarah J. Trent signed the following:
“Received this May the 4th 1897 [or 1891?] of A.L. Dickinson twenty-five dollars each making a total of Fifty dollars for our entire interest in our
Mothers Estate, Mrs. Mahala Preas deceased. J.H. “X” Preas - S.J. Trent - Witness: B.B. Taylor”
In May 1897 (year is ink blotched and almost unreadable), the Court confirmed the report of the Commissioner and Receiver and all orders had been complied with. The Suit was dismissed from the docket.