Individual Details

Waddy Thompson

(Ca 1730 - Mar 1801)



Mary Lewis was the 2nd wife of Waddy Thomson. They also had daughters Ann, Susanna, and Mildred.

Lawsuit from the Virginia Supreme Court of Appearls, found online and said to be in Virginia Reports, 1730-1880, as found on Google Books.
Thompson vs. Thompson. Albemarle Co VA 1820, Estate of Mary (Lewis) Thompson.
There had been a lawsuit brought by the Admin of Mary's estate against the Executor of Waddy Thomson's estate. The court had decided in favor of her heirs to receive rent monies for use of Mary's lands, not included in Waddy Thomson's estate.
Decided 4 Mar 1820.
Mary Thompson, widow of Waddy Thompson, file a bill in Chancery in Albemarle Co in Sep of 1805. By a marriage contract, dated 12 Dec 1766, recorded May 1767, all the estate in her right under the Will of Samuel Cobbs her first husband, was vested in William Lewis as trustee for the use of herself and her heirs forever. All the estate she claimed under the Will of her father Robert Lewis, was vested in the said William Lewis for the use of the said Waddy Thompson and herself, and the life of the one who lived the longest. If she was the survivor, she should the whole during her life.
Waddy Thompson died in Mar 1801, by his Will, making a different disposition. The executor insisted the crops made that year were assets in his hands, although Mary was entitled to them under the marriage contract. At least one half of the hands on the plantation were of her own estate. At the time of Waddy's death, Mary had issue by him - five daughters. There was a considerable crop made the year in which Waddy Thompson died, all of which went to the executor who refused any part to Mary for herself and the two daughters still living with her.
The defendant directed the bill be dismissed, but Mary appealed. After her death, the cause was revived in the name of Rice Garland, Sheriff of Albemarle, to whom administration of her estate was committed. His deputy, George W. Kinsolving, took over the administration.
On the 6 Apr 1813, the County of Albemarle oversaw an abitration and came to the decision that Mary was not entitled to any part of the crop in the year 1801, that year being the year of death of her husband. George W. Kinsolving to pay costs.
The Court of Appeals, in 1820, pronouced the opinion. A provision of the law which had provided that assets between 1 Mar and 31 Dec of the year of death belonged in the hands of the executors did not apply in this case. It was a new provision, subsequent to the marriage contract in this case which provided for lands held for life only. In the opinion of the Court, as to crops put in after the death, the rent proceeds should be paid to the wife and children according to their several rights.

Note: William Lewis was likely a kinsman, but not Mary's brother since he died circa 1777 - unless another trustee was appointed in the interim.

Events

BirthCa 1730Hanover County, Virginia
Marriage12 Dec 1766Albemarle County, Virginia - Mary Lewis
DeathMar 1801
MarriageElizabeth Anderson

Families

SpouseMary Lewis (1735 - 1812)
ChildJudith Thompson (1779 - 1844)
ChildMary "Polly" Thompson (1770 - 1841)
SpouseElizabeth Anderson ( - 1766)

Endnotes