Thanks Richard... Not a legal exam but your dissecting the post really
helps clarify things!

Yes, Elizabeth and Charles Jr. both died in 1839 prior to this 1840
listing. The younger Charles Wills was clerk of court in Henrico for
several years.

The family has always been in the merchant business one way or another.
Sarah Wills Alvey's son John Alvey, Jr. (1829-1904) was partners with
Lewis Ginter before the war in a mercantile business as well.  Sarah
died in 1861 while her husband John Alvey, Sr. had committed suicide by
drowning in 1837.

The store on Main Street between 17th and 18th in question here was one
of the elder Charles Wills early grocery stores and apartment building.
The other was and still stands on the corner of E. Marshall St and N
27th - built in 1815 but remains in purgatory limbo with current owners
who have no historical interest in the building and still gutted to dirt
floors inside since 2004.  The city also seems to cast a blind eye.

Thanks!
Eric


-----Original Message-----
From: Discussion of research and writing about Virginia history
[mailto:[log in to unmask]] On Behalf Of Richard Dixon
Sent: Monday, May 21, 2012 6:17 PM
To: [log in to unmask]
Subject: Re: [VA-HIST] Chancery Suits - How to Read?

It would be desirable to explore the background with more questions, but
taking this as a legal exam, I would conclude as follows:

This notice arises from a partition suit, which is the remedy when real
estate has multiple owners who wish to divide their interest, but the
property is not divisible, so the only remedy is to sell the property,
and divide the money (unless one of the owners is willing to buy out the
other owners). Partition is often used to divide family owned real
estate.

In this case, we have a missing "owner" Samuel Christian, who could not
be served personally, so the law provides that an order of publication
will satisfy the requirement of personal jurisdiction that allow the
court to sell his interest (it is not forfeited to the other parties in
the suit, but is held in trust).

Charles Wills was apparently the owner of the property, and when he
died, the ownership of the property descended to his children (we don't
know whether by will or intestate succession) who were Charles Wills Jr,
Sarah (married to John Alvey), Elizabeth (who was married to Samuel
Christian), and Mary (married to Austin Lipscomb), and Josiah Wills.

The 1835 suit may have been started by Charles Wills Jr against John
Alvey, but the 1840 notice doesn't seem to be connected to that suit
(although it may be connected to the same property). The connection is
unclear because the notice does not reference Charles Wills Jr as a
plaintiff or defendant, nor do we know what happened to him.

The plaintiffs are Richard Alvey (probably the son of John Alvey), and
Sarah Alvey, as executors of the will of John Alvey (it is not clear why
the estate of John Alvey would be an heir). Josiah would have an
interest as a son, but is named as a "survivor" of Rawlins and Wills,
which firm apparently had some interest in the property. Neither Mary
nor Austin is named as a plaintiff, so we can assume both are dead with
no surviving children. Elizabeth is not a plaintiff, so apparently is
deceased (with no surviving children), but her husband Samuel Christian
has a curtsey interest in her share. Samuel Christian is the sole named
defendant, but it does note "and other," but we are not sure who that
is.

Richard Dixon


On 5/21/2012 11:21 AM, Huffstutler, Eric S. wrote:
> How does one read this newspaper notice of 1840?  I know the Capt.
> Charles Wills family seemed to be at odds with one another concerning 
> property since he left no will so his property was probated - 
> inventoried.
>
> VIRGINIA: At rules holden in the clerk's office of the Circuit 
> Superior Court of Law and the Chancery for the county of Henrico and 
> City of Richmond, the 6th day of April, 1840: Richard T. Alvey, Sarah 
> Alvey, ex'x of John F. Alvey, dec'd, and Josiah Wills, survivor of
Samuel D.
> Rawlins and Josiah Wills, late merchants and partners under the firm 
> of Rawlins&  Wills, pltfs., against Samuel P. Christian and other, 
> defts. - IN CHANCERY.
>
> The defendant above named not having entered his appearance and given 
> security, according to the act of Assembly and the rules of this 
> Court, and it appearing, by set sfactory evidence, that he is not an 
> inhabitant of this Commonwealth: It is ordered, that the said 
> defendant do appear here on the first day of the next term to be held 
> for the trial of chancery causes, and answer the bill of the 
> plaintiffs; and that a copy of this order be forthwith inserted in 
> some newspaper published in the City of Richmond for two months 
> successively, and posted at the front door of the Capitol in the said
city.
>
> A Copy Teste. - WM. G. SANDS, D.C.
>
> There was a notice in 1835 about a Valuable Property for sale with a 
> suit by Charles Wills, Jr. against John F. Alvey, concerning a 
> building and property on Main Street near the Farmer's Market.
>
> As for players...  Capt. Charles Wills who died in 1820 and property 
> basically split up in 1829, had children:  Sarah who was married to 
> John F. Alvey; Charles Jr.; Josiah; Elizabeth who was married to 
> Samuel Christian; and Mary married to Austin Lipscomb - not seen here 
> as she died in 1830.
>
> I know I will run across more law suits about property amongst 
> siblings but would like to be able to figure out what is going on
above?
>
> Thanks!
> Eric
> 
 
* * *
 
This E-mail, along with any attachments, is considered confidential and may well be legally privileged. If you have received it in error, you are on notice of its status. Please notify us immediately by reply e-mail and then delete this message from your system. Please do not copy it or use it for any purposes, or disclose its contents to any other person. Thank you for your cooperation.
* * *
To ensure compliance with Treasury Department regulations, we inform you that, unless otherwise indicated in writing, any U.S. Federal tax advice contained in this communication  (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or applicable state and local provisions or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein.
Disclaimer Version RS.US.1.01.03
pdc1

______________________________________
To subscribe, change options, or unsubscribe please see the instructions at
http://listlva.lib.va.us/archives/va-hist.html