Court 1721 VA Gloucester Green Ralph

Description

Court case involving estate of Ralph Green copied from Genealogies of Virginia Families, vol IV, Extant Wills from Counties Whose Records Have Been Destroyed

Source Text

CASE OF MRS. GREEN of GLOUCESTER WITH SEVERAL OPINIONS THEREON: King Charles the Second by Letters Patents bearing date ye 10th day of Feby 1662 Granted 1100 acres of Land Scituate in the County of Gloust'r in Virginia to Ralph Green and his Heirs for Ever. This Ralph Green have two sons Ralph & Robert -- Ralph the Eldest had one son Thomas; Robert the Second had one son Ralph, who dyed in the lifetime of his father and two daughters Eliza. and Mary. Ralph Green the patentee in his lifetime mad a Deed in these words: Bee it known unto all Men by these presents that I Ralph Green Gent. Of the County of Glouc'r with consent of my Wife Elizabeth Do hereby freely give dispose and alienate from me my Heirs Exexutors Administrators or assigns unto Robert Green my son the Neck of land whereon he now liveth comonly called by the Name of my New Quarter consisting of about 1150 to him the said Robert Green his heirs Extors admors or assigns And I do further warr't and affirm this my Deed of Gift to be of as much force and authentick as the Law can make it or as any Deed or Deeds of Gift are usually made, it being always provided that the said Robert shall not without consent of his aforesaid father solely nor to his own proper use enjoy possession of said Land till after his Fathers Death.  In Witness whereof I have hereunto set my hand and seal this 8th day of Feby 1678/79 in presence of us                     Ralph Green Teste: James Dunbar        Leonard Chamberlayne        In the year 1689 after the death of the said Ralph Green this deed was proved by one of the witnesses in a Court of Record according to a custom in the country.        But Ralph Green the patentee after the Date of his Deed made his last will and Testament in Writing wch bears date the 5th day of Marin in the year 1684/86 and thereby did devise the same lands in these words:  "Item: I give to my son Robert Green my land he now lives on during his life and after his mortality, then to his son Ralph Green and his heirs forever and in case of their mortality Then to my son Ralph Green and his heirs forever.        Robert Green the second son as seen by this will was in possession of the land in his fathers life Time and died poss'd after whose Death his daughters and coheirs Mary and Eliza. entred---        Ralph Green the Eldest son in the year 1698 brought his action of Ejectment against the said Mary and Eliza who pleased in Barr'n that Ralph Green their Grandfather long before the Time mentioned was lawfully seized in his Demisue… and being so seized he the said Ralph for the natural affection w'ch he bore to his son Robert and to advance him in a Marriage then intended and afterwards solemnized betwixt the said Robert and one Mary Prichet did freely alienate and give the land wherein to his son Robert and his Heirs for Ever by Deed under his Hand and Seal Dated the 8th of Feby 1678/79 --- That the said Robert entered and was thereof Seized and dyed So Seized leaving the said Mary and Elizabeth his Daughters and coheirs after whose death the said Mary and Elizabeth entered peacably &c        The plt: replyed That the said Ralph Green was a Layman and not lettered and that the Deed was never read to him but was declared to him as a Deed to take effect only in case he should dye without making any will and so the said Deed of writing was not the Deed of the said Ralph and and thereupon issue was joyned and the Jury found for the Defts. that it was the Deed of the said Ralph Green.        About the time of this tryal Several depositions were taken relating to this Deed and it was proved by one witness Mrs. Vicaris That Ralph Green came tot he House of Mrs. Vicaris Mother to the said Mary Prichet and called for the said Mary and Said to her when are my son and you to be married.  I have given him a firm deed of Gift for the land he lives on.  Then Mrs. Vicaris asked If he had acknowledged the Deed to him in Court, he answered No, but that he would do it at any time and She asked him this because Mr. Pitchet in his lifetime had refused to consent to the Match unless Mr. Green would settle some land upon his son.  And after the marriage Mr. Green took the said Mary (She then being upon this land) and said:  here is a house and Land for thee thou shall never be turn'd off for I have given this Seat to my son Robert and his heirs forever.        Leonard Chamberlayne one of the witnesses to the deed swore that he was by when there was some discourse between Mr. Green and his wife concerning this Land and she desired him t make a Deed of Gift to his son Robert of it w'ch he then refused being in Drink, but the next morning Mrs. Green told him She had brought the Old Man (her husband) into and good humor and some time after Mr. Dunbar wrote this Deed and Mr. Green after it was read signed sealed and delivered it as his Act and Deed and gave it to his wife to keep for his son Robert.        But another p'son swore that Mr. Green Some time in the year 1685 offered to sell him part of his land upon w'ch the Dep't told him he thought he had no right to the land Since he had given it by Deed to his son Robert.  He made answer that Deed Signified northing for he had never acknowledged it in court and besides it was such a Deed that could not take Effect unless he dyed without a will, but he had the power to give it to whom he pleased by will.  The Deponent replied there was not such condition in the Deed for he had seen it, and it was an absolute deed of Gift.  Mr. Green then bid this deponent go to this son Robert and fetch the Deed which he did and when it was read he siad he never intended any such Deed and seemed to be in a great passion with his son upon w'ch his Son told him he knew nothing of it, the thing being transcribed without his knowledge.        Thomas Green the son of Ralph the Eldest Son brought suit about 14 years agoe.        Following the above are given the opinions of Jo: Chesshyne (dated 2 Feb 1721/22) and Thomas Reeve (dated 16 Feby 1721) attorneys in London, England, relative to this case.  Both agree that Thomas Green the son of Ralph Green (eldest son of Ralph the patentee) had no lawful right to the property in question which Ralph Green, Gent., Senior had by deed of gift given to his second son Robert and which had descended to his daughters Mary and Elizabeth.  These opinions are not quoted in full as they contain no facts of genealogical interest not revealed above.