Thomas Moore’s Genealogy Site - Person Sheet
Thomas Moore’s Genealogy Site - Person Sheet
NameRice Cauthorn 
Deathabt 1790
Documentation
In the name of God amen I Rice Cauthorn of Essex County in the parish of South farnham, do make this my last Will and Testament in form and manner following Item I lend to my wife Mary Cauthorn during her natural life (or widowhood) all my estate both real and personal, and my desire is that all my Children to have reasonable schooling out of it and after the death of my said Wife I Give all my lands to my son John Cauthorn and all my personal estate, after my Just debts & charges paid I desire may be equally dividid between my other three Children (Vizt.) Elisabeth Cauthorn, Fanny and Milley lastly I nominate and appoint my cousin Richard Cauthorn and Reuben Cauthorn, my exors To this my last Will and Testament to fulfil the same, Witness my hand and seal this 23d. Day of May 1781
Rice [X] Cauthorn
Witnesses: Andrew Allen, William Allen, James Allen
On 19 February 1798, presented in court by Jno. Cauthorn and proved by the oath of William Allen, who made oath that he saw Andrew Allen, another witness, sign the same.
[Essex County, Virginia, Will Book 15, page 375.]
In an undated plea from 1804, orator and oratrix John Dunn and Elizabeth his wife complained that Rice Cauthorn departed this life about 1790 testate. That the said Rice left a widow who is now dead, and three children, namely John, Elizabeth and Fanny, the widow at the time of the death of the said Rice being with child & within nine months after the time of Rice’s death, another daughter was born who is named Delphia. That the said John Dunn intermarried with the said Elizabeth. That in his will, Rice bequeathed all his personal estate to be equally divided between his three children, viz. Elizabeth, Fanny and Milly. That the said Milly died before the said Rice, and that her proportion conveyed to Elizabeth and Fanny, and that the personal estate has been divided satisfactorily except for one negro boy Harry, the said John Cauthorn having lately sold him to a certain Wm Blake for £120. That Blake may be made a defendant. Having given bond to John Cauthorn, Blake refuses to pay your orator and oratrix.
The answer of John Cauthorn dated 15 October 1804. That Rice Cauthorn the father of this defendant died in 1790 or 1791 testate, and left a widow Mary and children this defendant, Fanny, and Delphy Cauthorn by his last wife and the plt Elizabeth by a former wife, which Delphy was born several years before the said Rice died altho’ she was not born when the said Rice’s will was made. The estate of Rice was committed into the hands of the sheriff of Essex. Rice’s daughter Milly died before him. That the conclusion of the plts cannot be admitted that the plts Eliza. & Fanny were entitled to that third part of the personal estate or that Delphy was not entitled to any part thereof. It will appear through the will of Samuel Broocke, deceased, that Leonard Broocke was the executor of the said Samuel who devised to Henry Broocke, among others, as part of his estate, which estate of the said Samuel Broocke the said Leonard Broocke took into his possession but died about the [blank] day of [blank] 17[blank] without having paid the said Henry Broocke’s legacy, the said Leonard having died intestate, possessed of land and slaves and personal property leaving a widow named Mary & five chidlren named Samuel, Nancy, Tamzen, Polly & Barbara Broocke and the said Mary, his widow, obtained from this court admin. of his estate & her father John Dunn became her security for the same, that the said John Dunn by his will devised certain property to her and her children, a part of which was the negro Harry. This deft. has been informed that the said Rice paid to Henry Broocke about the sum of £20 and thence pretended that he had a right to the said negro Harry. That Mary, the admix, sold off the said Leonard Broocke’s personal estate to a considerable amt., a part of which she purchased & a part of which the said Rice purchased before their intermarriage, & for all which sales after the intermarriage & at the time said payment was made to Henry Broocke the said Rice & Mary were liable, so that on that acct. they were indebted to Leod. Brooke’s estate more than sufficient to pay said Henry Broocke and in addition thereto they were indebted to said Leonard Broock’s estate for the rent of two thirds of his land (the widow being entitled to only one third thereof). Altho’ Rice died possessed of said negro, he was held in right of his wife who survived him until about the 14th day of April 1803 when she died, soon after which this deft. obtained admn. of his mother Mary Cauthorn’s estate & sold off the said negro in that character & under the will of this deft’s grandfather John Dunn to the said Wm. Blake. That John Dunn & Elizabeth his wife are not entitled to any part thereof, as she was not the child of this deft’s mother.
Deposition of Hannah Allen taken 18 October 1805. Leonard Brooke left five children by his wife Mary, who afterwards married Rice Cauthorn by whom she had three[?] children, the said Rice also had a child by a former wife. The children of Leonard Brooke by his wife Mary were Nancy, Tamsin, Samuel, Mary, & Barbary. Rice Cauthorns Children by the said Mary were Fanny, John, & Delphia. Rice Cauthorn by a former wife one Child named Betsey. Signed Hannah her + mark Allen.
Includes additional depositions, and the will of John Dunn who died in 1790.
[Essex County, Virginia, Chancery Cause John Dunn et ux v William Blake and John Cauthorn, 1811-011, Box 20-E.]
On 17 November 1828, orators and oratrices Samuel Johnson and Catharine his wife, Henry Dunn, George Martin and Joanna his wife, Dabney Dunn, Thomas Harper and Eliza his wife, Reuben Ware and Sally his wife, Polly Hardy, John Hardy, Mary Dunn, John Dunn, Patsy Dunn, William Dunn, Alexander Dunn, Lewis Dunn, Washington Dunn, Edmund Dunn, Mary Dunn, Fanny Moore, Jane Moore, George Moore, Samuel Broocks, Polly Newbill, William Cox and Lilly his wife, John Cooper and Constant his wife filed a complaint with the chancery court in Essex County, Virginia. “That John Dunn the father of your oratrice Catharine Johnson & of John Dunn who is deac’sd left the said Henry Dunn & Joanna Dunn, his only children & heirs at law, of James Dunn who is also decd & left your orator Dabney Dunn & Tolla Dunn decd, the father of Eliza Harper his only children & heirs at law, of Ann Dunn, who married Joseph Hardy, who is decd & left an only son, Joseph who is also decd & left your oratrice & orators Sally Ware, Polly Hardy & John Hardy his only children & heirs at Law, of Wm Dunn who is also decd & left your oratrices & orators, Mary Dunn, John Dunn & Curtis Dunn who is since decd, & left your orators & oratrices Patsy, William, Alexander, Lewis, Washington, Edmund & Mary his only children & heirs at Law, of Fanny, who married George Moore, both of whom are now decd & left your oratrices & orator Fanny, Jane [June?], & George Moore their only children & heirs at Law, of Mary Brooks, who afterwards married Rice Cauthorn, the mother of your orator & oratrice named Broocks, Polly Newbill, & Sally Cox, who are entitled to distribution as heirs at Law of said Mary Brooks; of Polly Broocks, who left your oratrice Constant Cooper her heir at Law and now residing of Va. who have not been heard from for the last five years also heirs”. That John Dunn “departed this life some time in the year [blank] having made his last Will & Testament, dated 21st December 1789 & duly recorded…He devised to his wife during her widowhood all the land whereon he resided, and after her death, he gave the same to John Dunn his son, who was a brother of the whole blood to the said Catharine Johnson, your oratrice, & of the whole blood to James Dunn, who the said complainants pray may be made deft: hereto & of the whole blood to Henry Dunn, who is decd and left James H. & Roberta his only children & heirs at Law & of the half blood to his other brothers & sisters herein before mentioned, that the said John Dunn afterwards died intestate, an infant under twenty one years of age & without issue…That the said James Dunn & James H. Dunn & Roberta Dunn may be made defendants…” [Essex County, Virginia, Box 146, Deeds and Wills, 1828–1829, loose paper.]
Rice [X] Cauthorn
Witnesses: Andrew Allen, William Allen, James Allen
On 19 February 1798, presented in court by Jno. Cauthorn and proved by the oath of William Allen, who made oath that he saw Andrew Allen, another witness, sign the same.
[Essex County, Virginia, Will Book 15, page 375.]
In an undated plea from 1804, orator and oratrix John Dunn and Elizabeth his wife complained that Rice Cauthorn departed this life about 1790 testate. That the said Rice left a widow who is now dead, and three children, namely John, Elizabeth and Fanny, the widow at the time of the death of the said Rice being with child & within nine months after the time of Rice’s death, another daughter was born who is named Delphia. That the said John Dunn intermarried with the said Elizabeth. That in his will, Rice bequeathed all his personal estate to be equally divided between his three children, viz. Elizabeth, Fanny and Milly. That the said Milly died before the said Rice, and that her proportion conveyed to Elizabeth and Fanny, and that the personal estate has been divided satisfactorily except for one negro boy Harry, the said John Cauthorn having lately sold him to a certain Wm Blake for £120. That Blake may be made a defendant. Having given bond to John Cauthorn, Blake refuses to pay your orator and oratrix.
The answer of John Cauthorn dated 15 October 1804. That Rice Cauthorn the father of this defendant died in 1790 or 1791 testate, and left a widow Mary and children this defendant, Fanny, and Delphy Cauthorn by his last wife and the plt Elizabeth by a former wife, which Delphy was born several years before the said Rice died altho’ she was not born when the said Rice’s will was made. The estate of Rice was committed into the hands of the sheriff of Essex. Rice’s daughter Milly died before him. That the conclusion of the plts cannot be admitted that the plts Eliza. & Fanny were entitled to that third part of the personal estate or that Delphy was not entitled to any part thereof. It will appear through the will of Samuel Broocke, deceased, that Leonard Broocke was the executor of the said Samuel who devised to Henry Broocke, among others, as part of his estate, which estate of the said Samuel Broocke the said Leonard Broocke took into his possession but died about the [blank] day of [blank] 17[blank] without having paid the said Henry Broocke’s legacy, the said Leonard having died intestate, possessed of land and slaves and personal property leaving a widow named Mary & five chidlren named Samuel, Nancy, Tamzen, Polly & Barbara Broocke and the said Mary, his widow, obtained from this court admin. of his estate & her father John Dunn became her security for the same, that the said John Dunn by his will devised certain property to her and her children, a part of which was the negro Harry. This deft. has been informed that the said Rice paid to Henry Broocke about the sum of £20 and thence pretended that he had a right to the said negro Harry. That Mary, the admix, sold off the said Leonard Broocke’s personal estate to a considerable amt., a part of which she purchased & a part of which the said Rice purchased before their intermarriage, & for all which sales after the intermarriage & at the time said payment was made to Henry Broocke the said Rice & Mary were liable, so that on that acct. they were indebted to Leod. Brooke’s estate more than sufficient to pay said Henry Broocke and in addition thereto they were indebted to said Leonard Broock’s estate for the rent of two thirds of his land (the widow being entitled to only one third thereof). Altho’ Rice died possessed of said negro, he was held in right of his wife who survived him until about the 14th day of April 1803 when she died, soon after which this deft. obtained admn. of his mother Mary Cauthorn’s estate & sold off the said negro in that character & under the will of this deft’s grandfather John Dunn to the said Wm. Blake. That John Dunn & Elizabeth his wife are not entitled to any part thereof, as she was not the child of this deft’s mother.
Deposition of Hannah Allen taken 18 October 1805. Leonard Brooke left five children by his wife Mary, who afterwards married Rice Cauthorn by whom she had three[?] children, the said Rice also had a child by a former wife. The children of Leonard Brooke by his wife Mary were Nancy, Tamsin, Samuel, Mary, & Barbary. Rice Cauthorns Children by the said Mary were Fanny, John, & Delphia. Rice Cauthorn by a former wife one Child named Betsey. Signed Hannah her + mark Allen.
Includes additional depositions, and the will of John Dunn who died in 1790.
[Essex County, Virginia, Chancery Cause John Dunn et ux v William Blake and John Cauthorn, 1811-011, Box 20-E.]
On 17 November 1828, orators and oratrices Samuel Johnson and Catharine his wife, Henry Dunn, George Martin and Joanna his wife, Dabney Dunn, Thomas Harper and Eliza his wife, Reuben Ware and Sally his wife, Polly Hardy, John Hardy, Mary Dunn, John Dunn, Patsy Dunn, William Dunn, Alexander Dunn, Lewis Dunn, Washington Dunn, Edmund Dunn, Mary Dunn, Fanny Moore, Jane Moore, George Moore, Samuel Broocks, Polly Newbill, William Cox and Lilly his wife, John Cooper and Constant his wife filed a complaint with the chancery court in Essex County, Virginia. “That John Dunn the father of your oratrice Catharine Johnson & of John Dunn who is deac’sd left the said Henry Dunn & Joanna Dunn, his only children & heirs at law, of James Dunn who is also decd & left your orator Dabney Dunn & Tolla Dunn decd, the father of Eliza Harper his only children & heirs at law, of Ann Dunn, who married Joseph Hardy, who is decd & left an only son, Joseph who is also decd & left your oratrice & orators Sally Ware, Polly Hardy & John Hardy his only children & heirs at Law, of Wm Dunn who is also decd & left your oratrices & orators, Mary Dunn, John Dunn & Curtis Dunn who is since decd, & left your orators & oratrices Patsy, William, Alexander, Lewis, Washington, Edmund & Mary his only children & heirs at Law, of Fanny, who married George Moore, both of whom are now decd & left your oratrices & orator Fanny, Jane [June?], & George Moore their only children & heirs at Law, of Mary Brooks, who afterwards married Rice Cauthorn, the mother of your orator & oratrice named Broocks, Polly Newbill, & Sally Cox, who are entitled to distribution as heirs at Law of said Mary Brooks; of Polly Broocks, who left your oratrice Constant Cooper her heir at Law and now residing of Va. who have not been heard from for the last five years also heirs”. That John Dunn “departed this life some time in the year [blank] having made his last Will & Testament, dated 21st December 1789 & duly recorded…He devised to his wife during her widowhood all the land whereon he resided, and after her death, he gave the same to John Dunn his son, who was a brother of the whole blood to the said Catharine Johnson, your oratrice, & of the whole blood to James Dunn, who the said complainants pray may be made deft: hereto & of the whole blood to Henry Dunn, who is decd and left James H. & Roberta his only children & heirs at Law & of the half blood to his other brothers & sisters herein before mentioned, that the said John Dunn afterwards died intestate, an infant under twenty one years of age & without issue…That the said James Dunn & James H. Dunn & Roberta Dunn may be made defendants…” [Essex County, Virginia, Box 146, Deeds and Wills, 1828–1829, loose paper.]