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
>
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