Special Collections, John D. Rockefeller Jr. Library, Colonial Williamsburg Foundation

Petition of Ann Fox, Thomas B. Fox, William Fox and Henry Fox to Justice George Wythe of the High Court of Chancery, 1780

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Petition of Ann Fox, Thomas B. Fox, William Fox and Henry Fox to Justice George Wythe of the High Court of Chancery, 1780

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Description

Petition of Ann Fox and her sons, Henry, Thomas B. and William, to George Wythe of Virginia's High Court of Chancery. The petitioners allege John Fox, eldest son of Ann and her husband John, sold his father's lands which were designated in the father's will to be distributed by Ann to all four sons. The petitioners seek restitution from the younger John's estate.

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To the Honble George Wythe Judge of the high Court
of Chancery.

Humbly complaining shew unto your honor your Oratrix and
Orators Ann Fox widow and admx of John Fox decd. Thomas B. Fox
William Fox and Henry Fox sons and Devisees of the said John
Fox That the said John Fox on the 25th. day of August 1780 made
his last will and testament wherein after several specific bequests
to your Oratrix and Orators, and to John Fox his eldest son & Heir
and to his daughters he devised in manner following to wit "my
"will further is that all the residue of my Estate viz. Slaves Stocks
"money and every other thing of that kind or nature soever
"of which I may die possessed shall also remain under the Care
"of my said wife to be by her distributed among my said four sons
"in such proportion manner or way as she shall think proper as
"they severally comeof age or marry." For further certainty your
Oratrix and Orators beg leave to refer to a true Copy of the said Will
which is hereto annexed.

That at the time of making the said Will the testator was ~
possessed of Warrants for [torn, illegible] under the [torn, illegible] [Procla]
mation of 1763. to Lands in Kentucky amounting to 12,000 Acres
that shortly after making his Will he acquired an Interest in 22000
Acres of State military rights to Lands lying in Kentuckey.

That the 22000 Acres of State military rights as well as
the 12000 Acres of military rights under the king of Great
Britains proclamation were always considered after the death
of the Testator as being subject to the operation of that clause
in the will which is herein above recited and that as well by John
Fox the eldest son and Heir at law as by your Oratrix and Orators.

[Page 2]

[running vertically] it is impossible that Mrs
Fox can sware to this [crossed out, illegible]

to inquire into the situation of the said Lands ; and secure the
title to her under the Will aforesaid - That for this purpose he
was intrusted by her with an Agreement which had been made
with Isaac Shelby late Governor of Kentuckey to locate the said
old military rights for a certain proportion of the [crossed out, illegible] Land ~
and also with an Agreement of a certain Caffery concerning
the 22,000 Acres of State military land together with other papers
relative to the said Lands - that he undertook this business solely
as her Agent and did not pretend to set up any claim to any part
of the said Land as Heir at Law. That your Orators and Oratrix
have been informed that the said John Fox sold a considerable
part of the said Land and received the money or took securities
for the payment in his own name that a part remains
unsold as they have been informed but the Legal title to a large
proportion if not the whole of that which is unsold has become
vested in the said John Fox he having obtained grants for the
same in his own name as Heir at law of this Father. That the
said John Fox the son departed this life in the year '79
[torn, illegible]
with him or make a full discovery of his transactions relative
to the said Lands - That he left a Widow Eleanor Fox who hath
taken out Letters of Administration on his Estate and
Infant Children named

That they have requested the said Admx to make a full
discovery of all she knows relative to the said Transactions of
her Intestate and to produce all papers concerning the same
which are in her Custody and also to pay to them such monies
as were received by him in payment for the said Lands which

[Page 3]

corporal oath make full answer to the premises that the said
admix may discover what she knows relative to the said [illegible]
[illegible] and produce all papers in her possession concerning the
same that such of the said Lands as are sold may be conveyed to
your Oratrix subject to the Will of John Fox the elder and that
the estate of the said John Fox the son may be made subject to the
payment of such sums of money as may have been recd. by him
for the Lands sold and that your Oratrix & Orators may have such
other relief as is consistent with Equity - May it please [torn, illegible]

Original Format

Ink on paper

Citation

Fox, Ann, “Petition of Ann Fox, Thomas B. Fox, William Fox and Henry Fox to Justice George Wythe of the High Court of Chancery, 1780,” Special Collections, John D. Rockefeller Jr. Library, Colonial Williamsburg Foundation, accessed March 28, 2024, https://cwfjdrlsc.omeka.net/items/show/267.
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