In an undated petition from about 1809, “Humbly complaining shew unto your worships your orators & oratrices Spencer Broocke & Fanny his wife, Vincent Brizendine, Rachel Allen, & Andrew, Betsey & Polly Allen infants under the age of twenty one years by Robert Harper and Lilly his wife who was Lilly Allen their next friend, Philip, Elizabeth & Richard Brizendine infants under the age of twenty one years by Vincent Brizendine their next friend, & Robt Harper & Lilly his wife who was Lilly Allen, that Hannah Allen departed this life intestate about the day of Jany 1809 seised in fee of a tract of land situated in the parish of south Farnham in Essex county & containing about 200 acres & possessed of the negro slaves named Frank, a woman, Betty a woman & her child named Jesse & James & Harry, men, as her own absolute property & was but little indebted except so much as her other personal estate would satisfy, and she left your oratrix Fanny, wife of Spencer Broocke, Rachel Allen & Leah wife of James Cauthorn living at the time of her death & also left grand children your oratrices Betsey & Polly Allen & Andrew Allen children of Philip Allen, a son of the said Hannah, who died a short space of time before his mother leaving your said orator & oratrices his children as well as a daughter named Fanny who survived her said father & died an infant in the year 1808, and your oratrix Lilly Allen his widow who has since married Robert Harper and the said Hannah also left grand children your orators and oratrices Philip, Richard & Eliza Brizendine children of your orator Vincent Brizendine by his late wife Patsey who was Patsey Allen a daughter of the said Hannah who died in the life time of her mother. And your orators & oratrices state that the value of the said land does not exceed the sum of £300—so that the proportion of each party entitled will not exceed £30—they also state that they said Hannah Allen was guardian for each of her said children during their infancy & in that character recd the property of her said children to an amt which they are not able to ascertain, but an order of this court hath been made appointing commissioners for the purpose of ascertaining the same; that the said James Cauthorn, who intermarried with the said Intestate’s daughter hath obtained from this court admin of the said Hannah Allen’s estate & by virtue thereof hath become possessed of her slaves & personal estate and sold off the said personal estate, since which they have applied to the said James Cauthorn & requested him to consent to a sale & division of the said land & slaves which may remain after paying the amt due to the intestate’s children according to the respective interests of your orators & oratrices, but the said James Cauthorn conceiving that there is some difficulty in ascertaining what your orators & oratrices are entitled to & also contending that as some of your orators & oratrices are infants or married women he would not be justified in yielding his assent to the proportions of your orators & oratrices: in tender consideration whereof & whereas your orators & oratrices are remediless in the premises except in a court of equity: to the end therefore that the said James Cauthorn & Leah his wife may true & perfect answer make to the premises as fully as if again repeated and that the amt due to your orators & oratrices respectively may be decreed to be paid to them & that the said land & slaves may be decreed to be sold & the money divided among the said Cauthorn & wife & your orators & oratrices according to their respective interests & also that the said Cauthorn may be decreed to settle an acct of his said admn & pay to your orators & oratrices respectively such proportions of the said personal estate as shall appear to be due to them respectively and that your orators & oratrices may have such further & other relief in the premises &c—may it please &c—” [Essex County, Virginia, Box Chancery Loose Paper 37-A-50.]

The will of Rachel Allen was dated 8 August 1809. Sisters Frances Broocke and Leah Cauthorn. Andrew, Betsey, and Polly Allen, children of my brother Philip. Philip, Eliza, and Richard Brizendine, children of my sister Paty. James Cauthorn to be executor. Signed Rachel her + mark Allen. Witnesses: Lewis Steward, Rhoda her + mark Broocke, Harry Saunders, Richard Mann, George M Hunley, Austin Broock. On 18 December 1809 presented in court and ordered recorded. [Essex County, Virginia, Will Book 17, pages 142–143.]

On 18 December 1809, James Cauthorn and Godfrey Cauthorn were bound in the penalty of $1,000 for James Cauthorn’s execution of the last will and testament of Rachel Allen, deceased. [Essex County, Virginia, Will Book 17, pages 143–144.]

The estate of Hannah Allen, deceased, in account with James Cauthorn, administrator, from 1811 to 1812 was settled on 1 November 1812 by W. Blake, Jno. Smith, and Jno. Trible. Includes “paid Spencer Broockes claim agt the decedent as guardian to his wife” (£40.0.3-1/2), “paid Spencer Broockes guardian of Andrew Allen” (£13.6.9), “paid James Dunn guardian of Betsy and Polly Allen” (£26.13.6), “paid Vincent Brizendine guardian of Philip, Eliza and Richard Brizendine” (£40.0.3-1/2), “paid Rachel Allen’s executor” (£40.0.3-1/2), and “James Cauthorn’s proportion” (£40.0.3-1/2). [Essex County, Virginia, Will Book 17, pages 465–467.]