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Generation VI: Epaphroditus & Temperance Penley

Epp & Tempie's Estate

Provided by Jerry Penley of

To the Worshipful County Court of Scott County in Chancery siting the Bill of Complaint of HIRAM PENLEY and SAMUEL PENLEY exhibited in this Worshipful Court humbly complaining the said complaints statis and so forth unto you Worships that EPP PENLEY who departed this life on the --- day of MARCH 1868 was complainants father that he died intestate and at his death was seized and possessed in his own right of a certain tract or parcel of land lying and setuats in the County of Scott and State of Virginia containing one hundred and fifty-five acres more or less for the true boundries of  which references is had to the deed recorded in the Clerks Office of Scott County a copy of which is heredoth filed an exhibit and as part of this Bill marked (A).

Complainants state that they have purchased of their brothers and  Sisters co-heirs with them in the estate of their father thur several shares in manners and form as follows to wit:

HIRAM PENLEY one of your complainants purchased of his brother JAMES N. all the interest he had in his fathers real estate and has fully paid and satisfied him for the same long since this complainant has also bought JOHN PENLEY's part of his father estate also THOMAS PENLEY's  part . He states that he has fully paid them all the full value and that they had stipulated and agreed to join in making the Deed to their respective portions conveyance all their rights titles and interest to and in their father's real estate.

Respectively to this complainanth and did not at the time of their respective contracts deimth necessary to execute title bounds each having secured pay for his partion and having illiterate and not able to write themselves did not wish to incur the expense of employing a willing man to draw writings when they were all ready and-willing so soon as they could get their deeds drawn to meet and execute each one his deed for his said interest to this complainant, and the war coming on and raging as it did throwing the country into confusion and scattering the parties and stopping & cheching the courts as it did in the discharge of-their ordinary functions. And when the war closed they being scattered to and fro have failed to meet and execute to this
complainant the deed which they had agreed to do. complainants also state that:

SAMUEL PENLEY your other complainant bought his sister JANE's part and has full paid her for the same that she departed this life [Jane died January 3, 1858]  some short time after he bought her part and paid her for it.

That she left two heirs; ANGELINE and ANDREW by name. That ANGELINE was married to one John Shoemaker and ANDREW HAS  ALSO SINCE DIED WITHOUT HEIRS, leaving ANGELINE SHOEMAKER with her husband; the only parties interested. This complainant also bought his brother's THOMPSON M. PENLEY’s partion of his fathers real estate and he paid him for the same and they agreed to make the Deed to this complainant without further writing as trouble, but JANE WAS PREVENTED BY HER SUDDEN DEATH  [January 3, 1858] from so doing, and complainant's brother THOMPSON M. would have executed his deed of conveyance, but for the war which began soon after the transaction and threw the country into confusion and prevented in numeraces instances the ordinary transaction of business, for the reasons above set forth your complainants have been unable to procure their deeds of conveyances to each respective interest. They have bought and fully paid for, and are wholy without remedy at law to obtain their just rights in the primises.

They further state that Dr. E. K. Herron and probably some others to them yet unknown have sued out attachments at Law against the estate of James N. Penley for a debt which he is claiming against the said James N. and will as has probably directed it to be levied on the said James N.'s interest in his father's real estate.

The premises considered the prayer of your complainants are that the  said JAMES N. PENLEY, NANCY, IRA PENLEY, JOHN PENLEY, THOMPSON M. PENLEY, THOMAS E. PENLEY,  ANA  P. BELLAMY her husband Rubin Bellomy,  RELDA SHOEMAKER, Thomas Shoemaker, ANGELINE Shoemaker, MARTIN PENLEY, William K. Foster & Nancy Jane Foster infant heirs of ---[Aly]------- Foster deceased  and E. K. Herron be made parties defendant to this Bill and be reguarded to answer the same, an oath with each alligation contained.

[JERRY PENLEY'S NOTE:  This was blank in this action but we know from other sources that the daughter who married Foster was Aly Penley.]

That a guardian adlitem be appointed for the infant heirs and that the said E. K. Herron be restrained by injunction from proceeding further with his attachment against the real estate of the said James N. Penley until the said Hiram Penley one of the complainants can be heard and his rights as to the real estate of the debt.

James N. Penley can be investigated and settled and that all other and further proceedings by attachments or otherwise against the estate real of any of the parties whose shares are claimed by complainants as having been bought by them and paid for be enjoined until these complainants can be heard, and their claims settled in accordance with the principals of Justice and Equity.

Also that your Worships decree and order that partition of the real estate of Epp Penley be made and that your Worship appoint by decree not less than three nor more than five commissioners descreet persons to make said partition and to lay off by proper meets and bounds each heirs share and portion of the real estate of the said Epp Penley deceased.

And that in Said partition and Division the said Commissioners shall be directed to lay off to Hiram Penley with his own the shares of those of whom he has purchased, so that the same may adjoin and form one body and tract. Also that said Commissioners
may be directed to lay off Samuel Penley's share with and adjoining the shares he has bought and paid for, so that it may adjoin and form one tract entire. Also that your Worship decree and order a Commissioners to be appointed to execute to complainants a good and sufficient deed to that portion which they have bought of their co-heirs and paid for and that the same be recorded in the Clerks Office of Scott County and that the complainants be permitted and given time to investigate and settle Equitably and Justly their claims and title to each share they claim as having bought and paid for and for all other and further releit.

That they may in Equity and good conscience be intitled  and they will ever pray etc.  May the Commonwealths  spa  issued
directed etc.

S/Tiller for Complainants

Now, after this was settled in 1868 in favor of HIRAM PENLEY, the land was divided among the heirs as HIRAM had requested.

And  NANCY PENLEY is shown, with a deed, getting her part of the estate and apparently unmarried and living in Scott County, VA. in 1869.

Until later, good hunting,
Jerry in Kingsport, TN.,