Thomas Moore’s Genealogy Site - Person Sheet
Thomas Moore’s Genealogy Site - Person Sheet
NameBenjamin Haile 
Deathabt 1826
ResidenceEssex County, Virginia
FatherRichard Thomas Haile (~1735-~1795)
MotherMary Croxton (-~1808)
Documentation
Benjamin Haile is mentioned in the 1787 will of his father Richard Thomas Haile. [Essex County, Virginia, Will Book 15, pages 193–194.]
John Haile and Richard Thomas Haile, an infant by John Haile his next friend, brought suit against Jno Stodghall and Wheeler Haile in 1800. Depositions in the case, including one by Benjamin Haile, were made at the house of Mary Haile, the widow of Richard Thomas Haile. The bill alleged that Wheeler Haile had illegally sold land and had been disowned. [Essex County, Virginia, Box Chancery No. 11, Item 11-D-73.]
On 11 July 1804, a division of the estate of Richard Haile was made by Thos Wright, John Minter, and Carter Croxton, also including a settlement of the administration of the estate by Wheeler Haile and an account of the estate sale made on 19 September 1801. The estate was divided equally between Mary Haile, John Haile the representative of Lewis Haile, Wheeler Haile, Benjamin Haile, Zachariah Crittenden who married Joanna Haile. [Essex County, Virginia, Will Book 16, pages 298–299.]
On 20 March 1806, Benjamin Haile filed a bill of complaint. “To the worshipful hustices of Essex County Court in Chancery siting humbly complaining shew unto your worships your orators Benjamin Haile & Zachariah Crittenden. That your orator Benjamin is a son of Richard T Haile decd & that your orator Zachariah sometime since intermarried with Joanna Haile a daughter of the said Richard T Haile. That the said Richard T Haile departed this life after having first made his last will & testament which has been duly recorded in this Court a copy of which is now produced and prayed to be received apart from this bill. That by the said will the whole of the estate possessed by the testator was lent to Mary his widow during her life and after her death his desk & still were given to his son John, and his lands were lent to him for the term of his life with the remainder to his grandson Richard T Haile and after some other legacies it was directed by the said will that all the estate lent to his widow except the land desk & still should after his death be devided among his children thus named to wit Lewis, Benjamin, Joanna, & Richard Haile. That Lewis departed this life soon after his father and that Richard hath lately died, the administration of whose estate has been granted to Wheeler Haile by this Court. That Wheeler Haile a son of the said Richard T Haile being pretermited by his father’s will & being consequently excluded from participating in any part of his estate, was a subject of anguish & regret to his mother, who expressed frequent enxiety to controul the will of her deceased husband & as that Wheeler should some in for a proportion of the estate after her death. That after much conversation upon this subject it was consented & agreed to and a bond was given for that purpose to Wheeler Haile by our orators & Richard Haile convenanting that at his mother’s death, he should receive a proportional part of the estateheld by his mother, in fee simple; and in consideration of this arrangement it was covenanted by the said Mary Haile & Wheeler Haile with your orators & the said Richard Haile decd as by the said covenant hereto annexed will particularly appear. That the said estate should be kept together for the joint benefit of the said Wheeler, Benjamin Richard & Zachariah during the natural life of the said Mary Haile & that the said Wheeler should superintend or manage the said estate as overseer as long as he thought proper & out of the profits thereof to reserve to himself for his trouble as overseer & after supporting the said Mary Haile & defraying the reasonable charges for the same & for the support of the said estate that the profits of the said estate should be equally devided annually between the said Wheeler Richard & Zachariah & in case of the death of either of the parties the representatives of such party or parties should be entitled to the share or shares of the party or parties respectively so dying and it was also agreed that in case either of the parties other than the said Wheeler who was to be benefited by the said devision should except to the conduct of the said Wheeler as overseer as aforesaid or in case any other disagreement whatever should take place between the said parties, that such disagreement should be settled by [illeg] more persons to be chosen by the same parties &c. That your orators having paid the price for a fair and just account of the profits of the said estate by obligating themselves to permit Wheeler Haile to have an equal share of the said estate held by his mther at her death, did expect that their hopes would not have been disappointed and that a performance on the part of Wheeler Haile & Mary Haile would have been made. That the said Wheeler Haile acted as the overseer over the said estate in the following years, to wit 1796, 1797, 1800, 1801 & 1802 and made good crops of corn wheat brandy &c. but has never accounted for any part with your orators. That besides the profits made from the estate which ought to have been great considering that the land was good and that there were at least 9 hands thereon besides horses & cattle. The said Wheeler sold in the years above mentioned a quantity of timber staves[stones?] & nails and he has devoted to his own peculiar use a valuable negroe fellow from 1796 to the present time named Abraham. That if the crop made in 1802 should turn out to be an indifferent one it arose from this circumstance that Wheeler Haile employed the hands very much in this year upon his own plantation. That your orators have repeatedly besought Wheeler Haile & Mary Haile to have a just & fair settlement of the profits of the said estate either in the mode presented by the said covenant or in any other proper mode; but the said Wheeler has always evaded the said settlement and by the note hereto annexed & signed by Mary Hail or by some person for her and addressed to your orator Benjamin it appears that she was resolved to have no settlement and to depart from the conditions in the aofresaid covenant. In tender consideration whereof To the end therefore that the said Wheeler Haile & Mary Haile who your orators pray may be made defts hereto with apt words to charge them may upon their respective corporal oaths full true & perfect answer make to all & singular the premisses so fully as if now again reported & interrogated & more especially that they may say whether the annexed [torn, about three words] signed by them? was not a bond in consideration of the agreement contained in the said covenant given to Wheeler Haile by your orators & binding themselves that the said Wheeler at the death of his mother should enjoy an equal proportion of the estate except the land as held by her for her life? Where is the bond & that it may be produced. Did not the said Wheeler superintend the said estate for the years 1796, 1797, 8000 [sic] 1801 & 1802 and did not the said Mary enjoy the estate the year 1805? Were not large crops made of corn wheat brandy cyder &c? Has not the said Wheeler had the particular & exclusive use of the negroe fellow named Abraham from 1796 to the present time & would not have hired for £15 to £20 per annum? Did he not sell a quantity of timber staves[stones?] & nails? How many acres of land were there in the tract, how many slaves had he to work, how many horses & oxen? Did he not in the year 1802 employ the slaves for some time upon his own land? Have they not been very much importuned to make a fair settlement of the produce & profits of the said estate & have they not refused? was not the annexed note addressed to Benjamin Haile & signed by Mary Haile, written by her or by some person for her?
“And that your worships would order & decree that the said defendants shall settle[?] a fair & just account of the profits of the said estate in the years above mentioned and that so much may be paid to your orators as they may be found entitled to and that such further or other releif may be granted to them as equity as the nature of their case may cause. May it please your workships &c” Appears to continue for several years, waiting for an answer for several years, and then jacket states 1826 Dec. 4th abates by the death of the plaintiff. [Essex County, Virginia, Box Chancery No. 14, item 14-K-53.]
On 3 February 1808, a division of the slaves of the estate of Lewis Haile was made by John Jones, Thos. Wright, and Reuben M. Garnett. Lots went to Zachariah Crittenden, Wheeler Haile, John Haile, and Ben: Haile. The division states that both Lewis and Richard Haile died intestate without issue. [Essex County, Virginia, Will Book 17, pages 332–333.]
In 1820, Benjamin Haile was taxed for one white male above the age 16 and one black over the age of 16. [Essex County, Virginia, 1820 Personal Property Tax Book.]
John Haile and Richard Thomas Haile, an infant by John Haile his next friend, brought suit against Jno Stodghall and Wheeler Haile in 1800. Depositions in the case, including one by Benjamin Haile, were made at the house of Mary Haile, the widow of Richard Thomas Haile. The bill alleged that Wheeler Haile had illegally sold land and had been disowned. [Essex County, Virginia, Box Chancery No. 11, Item 11-D-73.]
On 11 July 1804, a division of the estate of Richard Haile was made by Thos Wright, John Minter, and Carter Croxton, also including a settlement of the administration of the estate by Wheeler Haile and an account of the estate sale made on 19 September 1801. The estate was divided equally between Mary Haile, John Haile the representative of Lewis Haile, Wheeler Haile, Benjamin Haile, Zachariah Crittenden who married Joanna Haile. [Essex County, Virginia, Will Book 16, pages 298–299.]
On 20 March 1806, Benjamin Haile filed a bill of complaint. “To the worshipful hustices of Essex County Court in Chancery siting humbly complaining shew unto your worships your orators Benjamin Haile & Zachariah Crittenden. That your orator Benjamin is a son of Richard T Haile decd & that your orator Zachariah sometime since intermarried with Joanna Haile a daughter of the said Richard T Haile. That the said Richard T Haile departed this life after having first made his last will & testament which has been duly recorded in this Court a copy of which is now produced and prayed to be received apart from this bill. That by the said will the whole of the estate possessed by the testator was lent to Mary his widow during her life and after her death his desk & still were given to his son John, and his lands were lent to him for the term of his life with the remainder to his grandson Richard T Haile and after some other legacies it was directed by the said will that all the estate lent to his widow except the land desk & still should after his death be devided among his children thus named to wit Lewis, Benjamin, Joanna, & Richard Haile. That Lewis departed this life soon after his father and that Richard hath lately died, the administration of whose estate has been granted to Wheeler Haile by this Court. That Wheeler Haile a son of the said Richard T Haile being pretermited by his father’s will & being consequently excluded from participating in any part of his estate, was a subject of anguish & regret to his mother, who expressed frequent enxiety to controul the will of her deceased husband & as that Wheeler should some in for a proportion of the estate after her death. That after much conversation upon this subject it was consented & agreed to and a bond was given for that purpose to Wheeler Haile by our orators & Richard Haile convenanting that at his mother’s death, he should receive a proportional part of the estateheld by his mother, in fee simple; and in consideration of this arrangement it was covenanted by the said Mary Haile & Wheeler Haile with your orators & the said Richard Haile decd as by the said covenant hereto annexed will particularly appear. That the said estate should be kept together for the joint benefit of the said Wheeler, Benjamin Richard & Zachariah during the natural life of the said Mary Haile & that the said Wheeler should superintend or manage the said estate as overseer as long as he thought proper & out of the profits thereof to reserve to himself for his trouble as overseer & after supporting the said Mary Haile & defraying the reasonable charges for the same & for the support of the said estate that the profits of the said estate should be equally devided annually between the said Wheeler Richard & Zachariah & in case of the death of either of the parties the representatives of such party or parties should be entitled to the share or shares of the party or parties respectively so dying and it was also agreed that in case either of the parties other than the said Wheeler who was to be benefited by the said devision should except to the conduct of the said Wheeler as overseer as aforesaid or in case any other disagreement whatever should take place between the said parties, that such disagreement should be settled by [illeg] more persons to be chosen by the same parties &c. That your orators having paid the price for a fair and just account of the profits of the said estate by obligating themselves to permit Wheeler Haile to have an equal share of the said estate held by his mther at her death, did expect that their hopes would not have been disappointed and that a performance on the part of Wheeler Haile & Mary Haile would have been made. That the said Wheeler Haile acted as the overseer over the said estate in the following years, to wit 1796, 1797, 1800, 1801 & 1802 and made good crops of corn wheat brandy &c. but has never accounted for any part with your orators. That besides the profits made from the estate which ought to have been great considering that the land was good and that there were at least 9 hands thereon besides horses & cattle. The said Wheeler sold in the years above mentioned a quantity of timber staves[stones?] & nails and he has devoted to his own peculiar use a valuable negroe fellow from 1796 to the present time named Abraham. That if the crop made in 1802 should turn out to be an indifferent one it arose from this circumstance that Wheeler Haile employed the hands very much in this year upon his own plantation. That your orators have repeatedly besought Wheeler Haile & Mary Haile to have a just & fair settlement of the profits of the said estate either in the mode presented by the said covenant or in any other proper mode; but the said Wheeler has always evaded the said settlement and by the note hereto annexed & signed by Mary Hail or by some person for her and addressed to your orator Benjamin it appears that she was resolved to have no settlement and to depart from the conditions in the aofresaid covenant. In tender consideration whereof To the end therefore that the said Wheeler Haile & Mary Haile who your orators pray may be made defts hereto with apt words to charge them may upon their respective corporal oaths full true & perfect answer make to all & singular the premisses so fully as if now again reported & interrogated & more especially that they may say whether the annexed [torn, about three words] signed by them? was not a bond in consideration of the agreement contained in the said covenant given to Wheeler Haile by your orators & binding themselves that the said Wheeler at the death of his mother should enjoy an equal proportion of the estate except the land as held by her for her life? Where is the bond & that it may be produced. Did not the said Wheeler superintend the said estate for the years 1796, 1797, 8000 [sic] 1801 & 1802 and did not the said Mary enjoy the estate the year 1805? Were not large crops made of corn wheat brandy cyder &c? Has not the said Wheeler had the particular & exclusive use of the negroe fellow named Abraham from 1796 to the present time & would not have hired for £15 to £20 per annum? Did he not sell a quantity of timber staves[stones?] & nails? How many acres of land were there in the tract, how many slaves had he to work, how many horses & oxen? Did he not in the year 1802 employ the slaves for some time upon his own land? Have they not been very much importuned to make a fair settlement of the produce & profits of the said estate & have they not refused? was not the annexed note addressed to Benjamin Haile & signed by Mary Haile, written by her or by some person for her?
“And that your worships would order & decree that the said defendants shall settle[?] a fair & just account of the profits of the said estate in the years above mentioned and that so much may be paid to your orators as they may be found entitled to and that such further or other releif may be granted to them as equity as the nature of their case may cause. May it please your workships &c” Appears to continue for several years, waiting for an answer for several years, and then jacket states 1826 Dec. 4th abates by the death of the plaintiff. [Essex County, Virginia, Box Chancery No. 14, item 14-K-53.]
On 3 February 1808, a division of the slaves of the estate of Lewis Haile was made by John Jones, Thos. Wright, and Reuben M. Garnett. Lots went to Zachariah Crittenden, Wheeler Haile, John Haile, and Ben: Haile. The division states that both Lewis and Richard Haile died intestate without issue. [Essex County, Virginia, Will Book 17, pages 332–333.]
In 1820, Benjamin Haile was taxed for one white male above the age 16 and one black over the age of 16. [Essex County, Virginia, 1820 Personal Property Tax Book.]