mercy of the person who shall
have purchased the other shares of the co-terminus neighbour. In the
End the consequence will be that the two or three younger children
will not only be forced to sell, being hemmed in on all sides, and not
able to add to their Inheritance but must sell at any price they are
offered. Your orators further state that besides the real Estate
before mentioned in which their wards have as interest One Eighth
each, after the payment of the debts of Thomas Moss deceased so far as
it is practicable to make an Estimate at this time, it is believed
that a surplus will be left for distribution of about fifteen or
sixteen thousand dollars, which will give to each child say two
thousand--
Viewing the present interest as well as the future interests of their
wards your orators are of the opinion from the facts hereinbefore
stated, that the interests of their wards manifestly require a sale of
the real Estate herein before mentioned and that the rights of others
will not be thereby violated. And to that end and in pursuance of the
Acts of the Gen'l Assembly in such cases made and provided, they pray
that said Anna R. Love late Anna R. Moss, Alfred Moss, Robert, Thomas
Edgar, Charles R., Armistead and John Thomas Moss be made parties
defendants to this bill--that the said Anna R. Love the wife of your
orator and Alfred Moss who would be two of the Heirs of either of said
infants if they are dead and that said Anna R. be permitted to answer
for herself as if feme sole. That the said Anna R. Love, Robert Moss,
Alfred Moss, Thomas Moss and all the other infants herein before
mentioned who are over fourteen years of age may be compelled to
answer this bill in proper person or oath--That a Guardian Ad Litem
may be appointed according to Law to defend and answer for those
infants as well those over fourteen years, as those under fourteen
years of age.--That your orators may have a Decree of the Ct
authorizing the sale of the said land in such manner and upon such
terms of credit as to your Honor may seem right--And your orators pray
for all other & further action by your Honor in the premises as may be
right & proper according to the Act of assembly made and provided in
such cases--May it please your honor &c.
(Certified by J. B. Hunter, a Justice of the Peace, 29 October 1839)
Appendix F
Fairfax County (Va.) Will Book T-1, page 223:
December 2, 1839 Thomas Moss' slaves divided among the seve
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