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Friday, February 21, 2014

Tyler vs Maulding Bill in Chancery

A page in the case Tyler vs. Maulding
Tyler vs Maulding Bill in Chy.
Dec. 1804 Ord. for publication in the Virginia Express by March Court ___ 1822 Dec. 2 Discont’d.

To the Worshipful the Justices of the County Court of Caroline
Chancery
Humbly complaining hereunto your worships your orators & Oratries Richard K. Tyler, George Tyler, Franky Redd, widow of Wim. Redd, George Terrel & Elizabeth his wife, Charles Terrel & Ann his wife.

That John Tyler being seized and possessed of lands, slaves & chattels in the said county departed this life intestate in the year 1804 leaving neither wife nor child, father or mother, whereby his estate descends to his brothers & sisters to wit the said Richard K. Tyler, George Tyler, Frances Redd, Elizabeth Terrel of the whole blood and Ann Terrel and Catherine Maulding widow of James Maudling deceased two sisters of the half blood.

That your orator Richard K. Tyler hath taken administration the estate of the said John Tyler in the court of the said county Caroline & hath sold all the chattels on credit on account whereof he is willing to settle when the payment of the debts shall enable him.  And your orator further shew that the said Caty Maulding residing in the state of Kentucky [in?] the jurisdiction of the courts of this commonwealth, no division of the lands & slaves of the said John Tyler can legally be made amongst his representatives without the aid and direction of this worshipful court.  To the end therefore that the said Catharine Maulding (who your orators pray may be made defendant to this bill) may true & perfect answer make to the promises.  And that by decree of this worshipful court, the lands & Slaves of the said John Tyler deceased may be divided into five equal parts, one of which to be allotted to each of them the said Rich’d. K. Tyler, George Tyler, Franky Redd widow, Elizabeth Terrell and the remaining fifth part to be equally divided between the said Ann Terrel and Catherine Maulding sisters of the half blood, or such other decree made in the  premises as to the court shall be consistent with law & equity.  May it please. etc.

The Commonwealth of Virginia to the Sheriff of Caroline County greeting:  You are hereby commanded to summon Catharine Maulding to appear before the justices of our said County Court at the Courthouse of the said County on the second Tuesday in next month to answer a bill in chancery exhibited against them by Richard K. Tyler, George Tyler, Charles Terrell & Nanny his wife, George Terrel & Elizabeth his wife & Franky Redd.  Complaintants.  And have then there this writ under the penalty of £100 witness Wm. Nelson, Clerk of the said Court the 15th day of October 1804 and in the 28th year of Commonwealth.  Wm. Nelson

These are some of the children of William Tyler of Caroline County, VA.  He married three times:  Sarah and Elizabeth Keeling, widow Miller

The children of Sarah ? & William Tyler were Richard, William, Anne and Catharine.    Richard died in 1802, William died in 1762, Caty was born ca. 1730 and died after 1819.

The children of Elizabeth Keeling & William Tyler were Elizabeth, John, Richard Keeling, George & Frances.  John died in 1804 as stated in this probate record. Franky was born in 1751 and died in Caroline County in 1813.

William Tyler & the widow Miller had no children together.    

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