Individual Details
Lewis MERRITT
(1788 - 1789 - Bef 11 Aug 1861)
7 Aug 1820, Lynchburg, Campbell, Virginia, Lewis Merrit, head:
2-0-0-3-1-0 1-0-1-1-1
Right Lewis?
1 Jun 1850, Lynchburg, Campbell Co., Virginia, stamped pg. 78:
Lewis Merritt, 61 (1788-89), born VA, carpenter, real estate of $1,000
Levina Merritt, 60 (1789-90), born VA
Richard Merritt, 22 (1827-28), born VA, carpenter
John Merritt, 21 (1828-29), born VA, carpenter
Elizabeth Merritt, 16 (1833-34), born VA
Lovina Condler (or Candler), 28 (1821-22), born VA
Henry J (or I) Condler (or Candler), 28 (1821-22), born VA, carpenter
Daughter Julianna is on previous page with her husband, Nathaniel Terry.
1 Jun 1860, Lynchburg, Campbell Co., Virginia, pg. 93:
Lewis [indexed as Lervett at ancestry.com] Merritt, 70 (1789-90), born VA, real estate of $3600, personal of $4200, Master Carp.
Lavenia Merritt, 70 (1789-90), born VA
Julianna Terry, 35 (1824-25), born VA, Seamstress, real estate of $1000, personal of $1800
Wm Terry, 10 (1849-50), born VA
Victoria Terry, 8 (1851-52), born VA
Julianna Terry, 3 (1856-57), born VA
Nathanial Terry, 52 (1807-08), born VA, Tob. Picker
Edw Barton, 50 (1809-10), born VA, Laborer, Personal of $3,000
Next door is:Preston Merritt, 27 [sic] (1832-33), born VA, no real estate, personal of $100
Margaret Merritt, 35 (1824-25), born VA
1 Jun 1860, Lynchburg, Campbell Co., Virginia, slave schedule, pg. 24:
Lewis Merritt Sen., owns 1 slave age 30, female, black and 1 slave age 3, male, mulatto
Listed next to him is
Julianna Terry, owns 1 slave age 30, female, black.
Birth View event
1789
probably Amherst County VA
1850 United States Federal Census
1850 United States Federal Census
1860 U.S. Federal Census - Slave Schedules
No media has been added. Marriage View event
5 Dec 1812 (Age: 23)
Lynchburg, Campbell, Virginia, United States
to Elizabeth Nichols
No media has been added. Marriage View event
15 Dec 1818 (Age: 29)
Campbell County, Virginia, USA
to Levina Haythe
Virginia Marriages, 1740-1850
No media has been added. Residence View event
1820 (Age: 31)
Lynchburg, Campbell, Virginia, United States
1820 United States Federal Census
No media has been added. Residence View event
1850 (Age: 61)
Lynchburg, Campbell, Virginia
1850 United States Federal Census
No media has been added. Residence View event
1850 (Age: 61)
Lynchburg, Campbell, Virginia
1850 United States Federal Census
No media has been added. Residence View event
1860 (Age: 71)
Campbell County, VA
Virginia Census, 1607-1890
No media has been added. Residence View event
1860 (Age: 71)
Campbell, Virginia
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http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=019-1826-006
Library of Virginia, images of court case, index No. 1826-006. No original case number given, 7 images in file.
3 of 7
To the worshipfull the justices of Bedford county in chancery sitting Humbly complaining sheweth unto your worship the complainants Lewis Merritt and Polly Ann Merritt infants under the age of twenty one who sue by Lewis Merritt their father and next friend.
That heretofore to wit some time in the year [blank] a certain Joseph Nichols conveyed to the children of Lewis Merritt and Elizabeth his wife late Elizabeth Nichols, reserving to himself a life estate herein a tract of land situate in Bedford County lying on Joy creek and containing about ninety or one hundred acres. The children of the said Lewis and Elizabeth Merritt to whom the said tract of land was conveyed are the plaintiffs Lewis Merritt and Polly Ann Merritt and a certain Leroy Merritt their brother herein after called a defendant.
Your complainants state that the said Joseph Nichols has since departed this life and the tract of land by him conveyed to them cannot be divided amongst those entitled without great injury to their interest. The parts when divided will not be of the value of three hundred dollars and perhaps will amount to less than one hundred dollars to each share. To the end therefore that justice may be done to all parties and for as much as they are advised that they are remedilep [sic] at law upon these premises, and relievable only in equity where such matters are properly cognizable. They pray that Leroy Merritt may be made defendant to this their bill of complaint and that he true answer made to all the allegations herein contained.
4 of 7
That the said tract of land may be sold according to the provision of an act of assembly in such cases made and provided and the proceeds thereof divided amongst those entitled and that they may receive such other relief as may comport with the prinfiples of equity and as in duty bound will pray to & to ==.
The answer of Leroy Merritt an infant by his father and next friend Lewis Merritt, [interlined above here is] “This guardian ad litem”, to a bill of complaint exhibited against him in the county court of Bedford by Lewis Merritt & Polly Ann Merritt.
This respondent saving and reserving to himself the benefit of all exeption to any allegations in said bill contained & & answers and says. That it is true as in the said bill is alleged that a tract of land was conveyed to this respondent and to the plaintiffs Lewis and Polly Ann Merritt the children of the said Lewis and Elizabeth Merritt by the said Joseph Nichols in the bill mentioned. It is likewise true that this land is of no great value and if divided would not amount to tree [sic] hundred dollars to each share.
This respondent is willing and desirous that the same should be sold and the proceeds of the sale thereof divided amongst those entitled. And this respondent having answered all the allegations of the plaintiffs bill so far as he is advised that is at all material he should answer the same prays to be hence dismissed.
Page 5 of 7
Merritt vs. Merritt – notnes for a decree
This cause came on this day to be heard by consent of parties upon the bill and answer and was argued by counsel. Upon consideration whereof the court doth adjudge order and decree that the tract of land in the bill mentioned be sold upon a credit of months, taking bond with approved security and as deed of trust upon the land to secure the payment of the purchase money and that the proceeds thereof be divided between the plaintiffs Lewis Merritt and Polly Ann Merritt and the defendant Leroy Merritt and that Lewis Merritt be appointed a commissioner to carry this decree into effect and that he report his proceedings to this court.
Lewis Merritt Chancery case
Campbell Co., Virginia, Case Index No. 1837 – 023, no original case number given.
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=031-1837-023
Images 2 and 3 of 15
To the worshipful the justices of the courty court of Campbell in Chancery sitting.
The Bill of complaint of your Orator and Oratrix Lewis Merritt and Livinea Merritt his wife humbly represents: That a certain Leroy Merritt and Lorenzo D. Moore on the 21st of October 1835 executed a deed of Trust to a certain Thomas Moore trustee conveying thereby certain debts amounting in the aggregate to the sum of $428.76 to be laid out as contemplated in said Deed in Negro property – which was to remain in the possession of your Orator and Oratrix during their joint lives and the life of the survivor for the support of your Orator and Oratrix and their family. And after the death of your Orator and Oratrix according to the provisions of said Deed the said property is to be equally divided between the said Leroy Merritt, Lorenzo D. Moore and Polly Ann his wife, Lewis Merritt Jr. (the son of your Orator by a former marriage) and Louisa Jane Merritt, Thomas Merritt, William Merritt, Martha Merritt, Juliana Merritt, Preston Merritt, John Merritt and Elizabeth Merritt (the children of your Orator and Oratrix). All of which will more fully and at large appear by reference to said Deed of Trust which is herewith exhibited marked A and prayed to be taken as part of this bill. Your Orator and Oratrix further represent that Thomas Moore the trustee in said deed mentioned is no longer willing to act in the character of trustee aforesaid and is anxious to resign his trust. Nor do your Orator and Oratrix believe that the said Moore is a fit and proper person to execute the trust aforesaid. Under these circumstances in order that said trust may be carried into effect and the rights of all parties interested therein adequately protected your Orator and Oratrix as the appointment of a fit and proper person as trustee to be substituted in the place of the said Thomas Moore. In consideration of the premises and for as much as your Orator and Oratrix are remediless except in a court of equity where matters of this sort are properly cognizable and to the end that justice may be done your Orator and Oratrix pray that the said Thomas Moore, Leroy Merritt, Lorenzo D. Moore and Polly Ann his wife, Lewis Merritt Jr., Louisa Jane Merritt, Thomas Merritt, William Merritt, Martha Merritt, Juliana Merritt, Preston Merritt, John Merritt and Elizabeth Merritt (the last seven of whom are infants under the age of twenty one years) be made parties defendants to this bill and compelled to answer all and any allegation hereof fully, and finally that your worships the premises considered will appoint some fit and suitable person to execute the deed of trust aforesaid in the room and stead of the said Thomas Moore And that your worships will grant to your Orator and Oratrix all such other and further aid and relief as to equity may seem meet and the nature and justices of the case may require.
Lewis Merritt & Livinea his wife
Image 5 of 15
The separate answer of Thomas Moore to a bill of complaint exhibited against him and others in the County court of Campbell by Lewis Merritt Sr. and Livinia his wife,
This respondent saving and reserving to himself the full benefit of exceptions to the errors in said bill contained for answer thereto or to so much thereof as he is advised it is material he should answer unto answers and says. That it is true that he is the trustee in the Deed of Trust in the 21st October 1835 in the bill mentioned and that he has gone on to execute the provisions of the trust in accordance with what he believed too be the intention of the grantors in said Deed. He admits it to be true as stated in the bill that he is no longer willing to act in the capacity of Trustee and being anxious to be discharged from that responsibility he hereby tenders his resignation hoping that it may be acceptable to the court to substitute some other person in his place whom the court may regard as fit and proper to carry into effect the provisions of the said Trust. And this respondent having fully answered all the allegations of said bill so far as the same are material that he should answer unto prays that he may be discharged from all responsibility as trustee aforesaid that his said resignation be received and he be hence dismissed with his costs in this behalf expended.
T. H. Moore
Page 7 of 15
The joint and separate answer of Lewis Merritt Jr. and Louisa Jane Merritt to a bill of complaint exhibited against them and others in the worshipful the County court of Campbell by Lewis Merritt and Livinia his wife.
These respondents reserving to themselves the full benefit of errors in said bill contained for answer thereto or to so much thereof as they are advised it is material they should answer and say that they admit that Thomas Moore the trustee mentioned in the bill is willing and desirous to surrender the trust in the bill also mentioned. They also admit that said trustee is not in every respect a fit and proper person for the execution of said trust and that the appointment of some fit and proper person to be substituted in the place of said Thomas Moore to be indispensably necessary to the execution of the said trust and the protection of the interests of these respondents and the interests of all concerned. These respondents having answered all the allegations of said bill so far as it is material they should answer unto them pray that a just and proper person be appointed to execute the trust aforesaid and that they be dismissed with their costs in this behalf expended.
Page 9 of 15
The answer of William A. Clement, guardian of Thomas Merritt, William Merritt, Martha Merritt, Juliana Merritt, Preston Merritt, John Merritt and Elizabeth Merritt infants under the age of twenty one years to the bill of complaint exhibited against them and others in the county court of Campbell by Lewis Merritt and Livinia his wife:
This respondent representing the rights of persons of tender years who cannot be presumed to be acquainted with those rights can neither admit nor deny the allegations of the plaintiffs said bill but he submits their interests in that behalf to this court in the full confidence that they will be adequately protected And this respondent having answered the allegations of said bill so far as it is material that the same should be answered prays to be hence dismissed with his costs in this behalf expended.
Wm A. Clement,
Gdn of the infants
Page 11 of 15
Merritt & wife
Vs.
Moore
This cause came this day to be heard on the bill answer of the defendant Thomas Moore, the answer of the defendants Lewis Merritt Jr. and Louisa Jane Merritt, the answer of the infant defendants by Wm. A. Clement specially [piece of page torn out, so missing next word], their guardian and an exhibit and was argued by counsel on consideration whereof and it appearing to be in accordance with the issues of the parties the court doth receive the resignation of the defendant Thomas Moore the trustee in the deed of Trust in the bill mentioned upon the condition hereinafter mentioned and doth appoint William B. Brown to act as trustee in the room and stead of the said Thomas Moore upon the said Brown’s entering into bond with sufficient security in the Clerks office of this court in the penalty of $850.00 Conditioned as the law directs. But the said Thomas is not to be discharged from his duties and responsibility as trustee aforesaid unless the said Brown shall give bond & security as herein before directed.
Page 13 of 15
This indenture made the 21st day of October 1835, between Leroy Merritt and Lorenzo D. Moore of the first part, Thomas Moore of the second part, and Lewis Merritt and Livinia his wife, Lewis Merritt Jr., Louisa Jane Merritt, Thomas Merritt, William Merritt, Martha Merritt, Juliana Merritt, Preston Merritt, John Merritt and Elizabeth Merritt (the said Lewis Merritt Jr. being the child of Lewis Merritt by a former marriage and the said Louisa Jane, Thomas, William, Martha, Juliana, Preston, John and Elizabeth being children of Lewis Merritt and his wife Livinia, before named) and Polly Anne Moore wife of Lorenzo D. Moore, of the third part.
Witnesseth, that whereas the before named Leroy Merritt together with his sister Polly Anne Merritt, now the wife of the said Lorenzo D. Moore, and Lewis Merritt Jr. were entitled to certain land in the county of Bedford by the devise of their grandfather, Joseph Nichols deceased, and whereas by a decree of the county court of Bedford at the [blank] term of the year [blank] the said land was ordered to be sold, and was accordingly actually sold, by Lewis Merritt, the father and guardian of said Leroy, Polly Anne and Lewis Merritt Jr. for the sum of $480 and whereas in order to secure the payment thereof to the said Leroy, Polly Anne and Lewis Jr. (one equal third part to each), the said Lewis Merritt executed a deed of trust of date of the [blank] day of [blank] in the year [blank] to John B. Dabney conveying sundry slaves, which said deed is duly recorded in the clerks office of the county court of Campbell county, and to which reference is here made for greater certainty –
And whereas there is now one and unpaid to the said Leroy the sum of $229.33, with interest from the 21st day of October 1835 – and to the said Lorenzo D. Moore in right of his said wife, Polly Anne the sum of $199.43 with interest from the 21st day of October 1835, both sums amourtize in the aggregate to the sum of $428.76
Page 14 of 15
And whereas the said Lewis Merritt being now in straightened and embarrassed circumstances, the said Leroy and the said Lorenzo D. Moore do not desire to prep him, but yet are unwilling that the property conveyed as aforesaid, for the security of their debts should be sold to pay other debts now one or hereafter to become one by the said Lewis Merritt – and it being also the wish and desire of said Leroy and Lorenzo D. that their father and his family should receive some benefit from the said property conveyed as aforesaid, for their security, so long as the said Lewis & his wife Lavinia shall live.
Now therefore in consideration of the premises, and also for the further consideration of ten dollars, paid in hand to the said Leroy and Lorenzo D. by the said Thomas Moore, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, they the said Leroy Merritt and Lorenzo D. Moore, have transferred, conveyed and assigned and by these presents doth transfer, convey and assign to the said Thomas Moore, the said two debts one as aforesaid, amounting in the aggregate to $428.76, together with all benefit of the deed of trust aforesaid to Jno. B. Dabney for the security of the same.
To have and to hold the said sum of money, to the said Thomas Moore, and his assigns forever.
Upon my trust nevertheless that the said Thomas Moore shall proceed forthwith to collect the same by a sale of certain of the negroes conveyed in trust to said Jno. B. Dabney, and shall, if he think it prudent to do so, purchase said negro or negroes so sold by the said Dabney, to be held by him for the uses & purposes hereinafter set forth. That is to say the said Thomas Moore shall suffer the negro or negroes so purchased, together with their increase (if they be females) to remain in the possession of the said Lewis Merritt and his wife Lavina, during their joint lives and the life of the survivor,
Page 15 of 15
for the support and maintenance of said Lewis, and his wife and their family, and for no other purpose whatsoever – it being the expressed interest and desire of the grantors that the said property shall enure to the support of the said Lewis & wife and family, during the lives of said Lewis & wife, and not be in any manner whatsoever liable for the debts, contracts or liabilities of said Lewis, either past present or future – And after the death of said Lewis and of said Lavinia, then it is the intent of the grantor, that said property shall be equally divided between the said Leroy and Lorenzo D. & wife, Lewis Merritt Jr., Louisa Jane, Thomas, William, Martha, Juliana, Preston, John and Elizabeth Merritt , or such of them as may be living at the death of the survivor of the said Lewis & Lavinia – but if any shall be dead laving [sic] child or children, then such child or children to stand in the [sted?] of the parent in the said division.
And whereas it is possible, that the said Lewis Merritt may desire to emigrate from this commonwealth it is the wish intent of the grantors, that the trustee Thos Moore shall in such event, suffer the said slaves to be carried along with the said Lewis, for the purpose before set forth – but he shall, in such case, send a copy of this deed, properly authenticated, and have the same recorded in the proper manner, in that county and state to which the said Lewis shall remove. But if the said Thomas Moore shall not purchase the negro or negroes to be sold by the said John B. Dabney, but shall receive the debts aforesaid, in money, then he shall immediately ??? said money, in other negro property, to be held for the uses & purposes aforesaid and none other.
Witness our hands & seals the day and year first before written.
Leroy Merritt
Lorenzo D. Moore
Page 12 of 15 [page apparently scanned out of order]
Corporation of Lynchburg town:
We Saml McCorkle and ????? ?????, justices of the peace in and for said corporation do hereby certify that Leroy Merritt and Lorenzo D. Moore, parties to a certain deed of date the 21st of October 1835 and hereto annexed personally appeared before us in our corporation aforesaid and acknowledged the same to be their act and deed and desired us to certify said acknowledgment to the clerk of Campbell county, in order that the same may be recorded. Sworn under our hands & seals
2-0-0-3-1-0 1-0-1-1-1
Right Lewis?
1 Jun 1850, Lynchburg, Campbell Co., Virginia, stamped pg. 78:
Lewis Merritt, 61 (1788-89), born VA, carpenter, real estate of $1,000
Levina Merritt, 60 (1789-90), born VA
Richard Merritt, 22 (1827-28), born VA, carpenter
John Merritt, 21 (1828-29), born VA, carpenter
Elizabeth Merritt, 16 (1833-34), born VA
Lovina Condler (or Candler), 28 (1821-22), born VA
Henry J (or I) Condler (or Candler), 28 (1821-22), born VA, carpenter
Daughter Julianna is on previous page with her husband, Nathaniel Terry.
1 Jun 1860, Lynchburg, Campbell Co., Virginia, pg. 93:
Lewis [indexed as Lervett at ancestry.com] Merritt, 70 (1789-90), born VA, real estate of $3600, personal of $4200, Master Carp.
Lavenia Merritt, 70 (1789-90), born VA
Julianna Terry, 35 (1824-25), born VA, Seamstress, real estate of $1000, personal of $1800
Wm Terry, 10 (1849-50), born VA
Victoria Terry, 8 (1851-52), born VA
Julianna Terry, 3 (1856-57), born VA
Nathanial Terry, 52 (1807-08), born VA, Tob. Picker
Edw Barton, 50 (1809-10), born VA, Laborer, Personal of $3,000
Next door is:Preston Merritt, 27 [sic] (1832-33), born VA, no real estate, personal of $100
Margaret Merritt, 35 (1824-25), born VA
1 Jun 1860, Lynchburg, Campbell Co., Virginia, slave schedule, pg. 24:
Lewis Merritt Sen., owns 1 slave age 30, female, black and 1 slave age 3, male, mulatto
Listed next to him is
Julianna Terry, owns 1 slave age 30, female, black.
Birth View event
1789
probably Amherst County VA
1850 United States Federal Census
1850 United States Federal Census
1860 U.S. Federal Census - Slave Schedules
No media has been added. Marriage View event
5 Dec 1812 (Age: 23)
Lynchburg, Campbell, Virginia, United States
to Elizabeth Nichols
No media has been added. Marriage View event
15 Dec 1818 (Age: 29)
Campbell County, Virginia, USA
to Levina Haythe
Virginia Marriages, 1740-1850
No media has been added. Residence View event
1820 (Age: 31)
Lynchburg, Campbell, Virginia, United States
1820 United States Federal Census
No media has been added. Residence View event
1850 (Age: 61)
Lynchburg, Campbell, Virginia
1850 United States Federal Census
No media has been added. Residence View event
1850 (Age: 61)
Lynchburg, Campbell, Virginia
1850 United States Federal Census
No media has been added. Residence View event
1860 (Age: 71)
Campbell County, VA
Virginia Census, 1607-1890
No media has been added. Residence View event
1860 (Age: 71)
Campbell, Virginia
------------------------------------------
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=019-1826-006
Library of Virginia, images of court case, index No. 1826-006. No original case number given, 7 images in file.
3 of 7
To the worshipfull the justices of Bedford county in chancery sitting Humbly complaining sheweth unto your worship the complainants Lewis Merritt and Polly Ann Merritt infants under the age of twenty one who sue by Lewis Merritt their father and next friend.
That heretofore to wit some time in the year [blank] a certain Joseph Nichols conveyed to the children of Lewis Merritt and Elizabeth his wife late Elizabeth Nichols, reserving to himself a life estate herein a tract of land situate in Bedford County lying on Joy creek and containing about ninety or one hundred acres. The children of the said Lewis and Elizabeth Merritt to whom the said tract of land was conveyed are the plaintiffs Lewis Merritt and Polly Ann Merritt and a certain Leroy Merritt their brother herein after called a defendant.
Your complainants state that the said Joseph Nichols has since departed this life and the tract of land by him conveyed to them cannot be divided amongst those entitled without great injury to their interest. The parts when divided will not be of the value of three hundred dollars and perhaps will amount to less than one hundred dollars to each share. To the end therefore that justice may be done to all parties and for as much as they are advised that they are remedilep [sic] at law upon these premises, and relievable only in equity where such matters are properly cognizable. They pray that Leroy Merritt may be made defendant to this their bill of complaint and that he true answer made to all the allegations herein contained.
4 of 7
That the said tract of land may be sold according to the provision of an act of assembly in such cases made and provided and the proceeds thereof divided amongst those entitled and that they may receive such other relief as may comport with the prinfiples of equity and as in duty bound will pray to & to ==.
The answer of Leroy Merritt an infant by his father and next friend Lewis Merritt, [interlined above here is] “This guardian ad litem”, to a bill of complaint exhibited against him in the county court of Bedford by Lewis Merritt & Polly Ann Merritt.
This respondent saving and reserving to himself the benefit of all exeption to any allegations in said bill contained & & answers and says. That it is true as in the said bill is alleged that a tract of land was conveyed to this respondent and to the plaintiffs Lewis and Polly Ann Merritt the children of the said Lewis and Elizabeth Merritt by the said Joseph Nichols in the bill mentioned. It is likewise true that this land is of no great value and if divided would not amount to tree [sic] hundred dollars to each share.
This respondent is willing and desirous that the same should be sold and the proceeds of the sale thereof divided amongst those entitled. And this respondent having answered all the allegations of the plaintiffs bill so far as he is advised that is at all material he should answer the same prays to be hence dismissed.
Page 5 of 7
Merritt vs. Merritt – notnes for a decree
This cause came on this day to be heard by consent of parties upon the bill and answer and was argued by counsel. Upon consideration whereof the court doth adjudge order and decree that the tract of land in the bill mentioned be sold upon a credit of months, taking bond with approved security and as deed of trust upon the land to secure the payment of the purchase money and that the proceeds thereof be divided between the plaintiffs Lewis Merritt and Polly Ann Merritt and the defendant Leroy Merritt and that Lewis Merritt be appointed a commissioner to carry this decree into effect and that he report his proceedings to this court.
Lewis Merritt Chancery case
Campbell Co., Virginia, Case Index No. 1837 – 023, no original case number given.
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=031-1837-023
Images 2 and 3 of 15
To the worshipful the justices of the courty court of Campbell in Chancery sitting.
The Bill of complaint of your Orator and Oratrix Lewis Merritt and Livinea Merritt his wife humbly represents: That a certain Leroy Merritt and Lorenzo D. Moore on the 21st of October 1835 executed a deed of Trust to a certain Thomas Moore trustee conveying thereby certain debts amounting in the aggregate to the sum of $428.76 to be laid out as contemplated in said Deed in Negro property – which was to remain in the possession of your Orator and Oratrix during their joint lives and the life of the survivor for the support of your Orator and Oratrix and their family. And after the death of your Orator and Oratrix according to the provisions of said Deed the said property is to be equally divided between the said Leroy Merritt, Lorenzo D. Moore and Polly Ann his wife, Lewis Merritt Jr. (the son of your Orator by a former marriage) and Louisa Jane Merritt, Thomas Merritt, William Merritt, Martha Merritt, Juliana Merritt, Preston Merritt, John Merritt and Elizabeth Merritt (the children of your Orator and Oratrix). All of which will more fully and at large appear by reference to said Deed of Trust which is herewith exhibited marked A and prayed to be taken as part of this bill. Your Orator and Oratrix further represent that Thomas Moore the trustee in said deed mentioned is no longer willing to act in the character of trustee aforesaid and is anxious to resign his trust. Nor do your Orator and Oratrix believe that the said Moore is a fit and proper person to execute the trust aforesaid. Under these circumstances in order that said trust may be carried into effect and the rights of all parties interested therein adequately protected your Orator and Oratrix as the appointment of a fit and proper person as trustee to be substituted in the place of the said Thomas Moore. In consideration of the premises and for as much as your Orator and Oratrix are remediless except in a court of equity where matters of this sort are properly cognizable and to the end that justice may be done your Orator and Oratrix pray that the said Thomas Moore, Leroy Merritt, Lorenzo D. Moore and Polly Ann his wife, Lewis Merritt Jr., Louisa Jane Merritt, Thomas Merritt, William Merritt, Martha Merritt, Juliana Merritt, Preston Merritt, John Merritt and Elizabeth Merritt (the last seven of whom are infants under the age of twenty one years) be made parties defendants to this bill and compelled to answer all and any allegation hereof fully, and finally that your worships the premises considered will appoint some fit and suitable person to execute the deed of trust aforesaid in the room and stead of the said Thomas Moore And that your worships will grant to your Orator and Oratrix all such other and further aid and relief as to equity may seem meet and the nature and justices of the case may require.
Lewis Merritt & Livinea his wife
Image 5 of 15
The separate answer of Thomas Moore to a bill of complaint exhibited against him and others in the County court of Campbell by Lewis Merritt Sr. and Livinia his wife,
This respondent saving and reserving to himself the full benefit of exceptions to the errors in said bill contained for answer thereto or to so much thereof as he is advised it is material he should answer unto answers and says. That it is true that he is the trustee in the Deed of Trust in the 21st October 1835 in the bill mentioned and that he has gone on to execute the provisions of the trust in accordance with what he believed too be the intention of the grantors in said Deed. He admits it to be true as stated in the bill that he is no longer willing to act in the capacity of Trustee and being anxious to be discharged from that responsibility he hereby tenders his resignation hoping that it may be acceptable to the court to substitute some other person in his place whom the court may regard as fit and proper to carry into effect the provisions of the said Trust. And this respondent having fully answered all the allegations of said bill so far as the same are material that he should answer unto prays that he may be discharged from all responsibility as trustee aforesaid that his said resignation be received and he be hence dismissed with his costs in this behalf expended.
T. H. Moore
Page 7 of 15
The joint and separate answer of Lewis Merritt Jr. and Louisa Jane Merritt to a bill of complaint exhibited against them and others in the worshipful the County court of Campbell by Lewis Merritt and Livinia his wife.
These respondents reserving to themselves the full benefit of errors in said bill contained for answer thereto or to so much thereof as they are advised it is material they should answer and say that they admit that Thomas Moore the trustee mentioned in the bill is willing and desirous to surrender the trust in the bill also mentioned. They also admit that said trustee is not in every respect a fit and proper person for the execution of said trust and that the appointment of some fit and proper person to be substituted in the place of said Thomas Moore to be indispensably necessary to the execution of the said trust and the protection of the interests of these respondents and the interests of all concerned. These respondents having answered all the allegations of said bill so far as it is material they should answer unto them pray that a just and proper person be appointed to execute the trust aforesaid and that they be dismissed with their costs in this behalf expended.
Page 9 of 15
The answer of William A. Clement, guardian of Thomas Merritt, William Merritt, Martha Merritt, Juliana Merritt, Preston Merritt, John Merritt and Elizabeth Merritt infants under the age of twenty one years to the bill of complaint exhibited against them and others in the county court of Campbell by Lewis Merritt and Livinia his wife:
This respondent representing the rights of persons of tender years who cannot be presumed to be acquainted with those rights can neither admit nor deny the allegations of the plaintiffs said bill but he submits their interests in that behalf to this court in the full confidence that they will be adequately protected And this respondent having answered the allegations of said bill so far as it is material that the same should be answered prays to be hence dismissed with his costs in this behalf expended.
Wm A. Clement,
Gdn of the infants
Page 11 of 15
Merritt & wife
Vs.
Moore
This cause came this day to be heard on the bill answer of the defendant Thomas Moore, the answer of the defendants Lewis Merritt Jr. and Louisa Jane Merritt, the answer of the infant defendants by Wm. A. Clement specially [piece of page torn out, so missing next word], their guardian and an exhibit and was argued by counsel on consideration whereof and it appearing to be in accordance with the issues of the parties the court doth receive the resignation of the defendant Thomas Moore the trustee in the deed of Trust in the bill mentioned upon the condition hereinafter mentioned and doth appoint William B. Brown to act as trustee in the room and stead of the said Thomas Moore upon the said Brown’s entering into bond with sufficient security in the Clerks office of this court in the penalty of $850.00 Conditioned as the law directs. But the said Thomas is not to be discharged from his duties and responsibility as trustee aforesaid unless the said Brown shall give bond & security as herein before directed.
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This indenture made the 21st day of October 1835, between Leroy Merritt and Lorenzo D. Moore of the first part, Thomas Moore of the second part, and Lewis Merritt and Livinia his wife, Lewis Merritt Jr., Louisa Jane Merritt, Thomas Merritt, William Merritt, Martha Merritt, Juliana Merritt, Preston Merritt, John Merritt and Elizabeth Merritt (the said Lewis Merritt Jr. being the child of Lewis Merritt by a former marriage and the said Louisa Jane, Thomas, William, Martha, Juliana, Preston, John and Elizabeth being children of Lewis Merritt and his wife Livinia, before named) and Polly Anne Moore wife of Lorenzo D. Moore, of the third part.
Witnesseth, that whereas the before named Leroy Merritt together with his sister Polly Anne Merritt, now the wife of the said Lorenzo D. Moore, and Lewis Merritt Jr. were entitled to certain land in the county of Bedford by the devise of their grandfather, Joseph Nichols deceased, and whereas by a decree of the county court of Bedford at the [blank] term of the year [blank] the said land was ordered to be sold, and was accordingly actually sold, by Lewis Merritt, the father and guardian of said Leroy, Polly Anne and Lewis Merritt Jr. for the sum of $480 and whereas in order to secure the payment thereof to the said Leroy, Polly Anne and Lewis Jr. (one equal third part to each), the said Lewis Merritt executed a deed of trust of date of the [blank] day of [blank] in the year [blank] to John B. Dabney conveying sundry slaves, which said deed is duly recorded in the clerks office of the county court of Campbell county, and to which reference is here made for greater certainty –
And whereas there is now one and unpaid to the said Leroy the sum of $229.33, with interest from the 21st day of October 1835 – and to the said Lorenzo D. Moore in right of his said wife, Polly Anne the sum of $199.43 with interest from the 21st day of October 1835, both sums amourtize in the aggregate to the sum of $428.76
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And whereas the said Lewis Merritt being now in straightened and embarrassed circumstances, the said Leroy and the said Lorenzo D. Moore do not desire to prep him, but yet are unwilling that the property conveyed as aforesaid, for the security of their debts should be sold to pay other debts now one or hereafter to become one by the said Lewis Merritt – and it being also the wish and desire of said Leroy and Lorenzo D. that their father and his family should receive some benefit from the said property conveyed as aforesaid, for their security, so long as the said Lewis & his wife Lavinia shall live.
Now therefore in consideration of the premises, and also for the further consideration of ten dollars, paid in hand to the said Leroy and Lorenzo D. by the said Thomas Moore, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, they the said Leroy Merritt and Lorenzo D. Moore, have transferred, conveyed and assigned and by these presents doth transfer, convey and assign to the said Thomas Moore, the said two debts one as aforesaid, amounting in the aggregate to $428.76, together with all benefit of the deed of trust aforesaid to Jno. B. Dabney for the security of the same.
To have and to hold the said sum of money, to the said Thomas Moore, and his assigns forever.
Upon my trust nevertheless that the said Thomas Moore shall proceed forthwith to collect the same by a sale of certain of the negroes conveyed in trust to said Jno. B. Dabney, and shall, if he think it prudent to do so, purchase said negro or negroes so sold by the said Dabney, to be held by him for the uses & purposes hereinafter set forth. That is to say the said Thomas Moore shall suffer the negro or negroes so purchased, together with their increase (if they be females) to remain in the possession of the said Lewis Merritt and his wife Lavina, during their joint lives and the life of the survivor,
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for the support and maintenance of said Lewis, and his wife and their family, and for no other purpose whatsoever – it being the expressed interest and desire of the grantors that the said property shall enure to the support of the said Lewis & wife and family, during the lives of said Lewis & wife, and not be in any manner whatsoever liable for the debts, contracts or liabilities of said Lewis, either past present or future – And after the death of said Lewis and of said Lavinia, then it is the intent of the grantor, that said property shall be equally divided between the said Leroy and Lorenzo D. & wife, Lewis Merritt Jr., Louisa Jane, Thomas, William, Martha, Juliana, Preston, John and Elizabeth Merritt , or such of them as may be living at the death of the survivor of the said Lewis & Lavinia – but if any shall be dead laving [sic] child or children, then such child or children to stand in the [sted?] of the parent in the said division.
And whereas it is possible, that the said Lewis Merritt may desire to emigrate from this commonwealth it is the wish intent of the grantors, that the trustee Thos Moore shall in such event, suffer the said slaves to be carried along with the said Lewis, for the purpose before set forth – but he shall, in such case, send a copy of this deed, properly authenticated, and have the same recorded in the proper manner, in that county and state to which the said Lewis shall remove. But if the said Thomas Moore shall not purchase the negro or negroes to be sold by the said John B. Dabney, but shall receive the debts aforesaid, in money, then he shall immediately ??? said money, in other negro property, to be held for the uses & purposes aforesaid and none other.
Witness our hands & seals the day and year first before written.
Leroy Merritt
Lorenzo D. Moore
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Corporation of Lynchburg town:
We Saml McCorkle and ????? ?????, justices of the peace in and for said corporation do hereby certify that Leroy Merritt and Lorenzo D. Moore, parties to a certain deed of date the 21st of October 1835 and hereto annexed personally appeared before us in our corporation aforesaid and acknowledged the same to be their act and deed and desired us to certify said acknowledgment to the clerk of Campbell county, in order that the same may be recorded. Sworn under our hands & seals
Events
| Birth | 1788 - 1789 | Est., Bedford Co., Virginia | |||
| Tax List | 1811 | Listed by Major Merrit and Pleasant Magann. - Bedford Co., Virginia | |||
| Marriage | 5 Dec 1812 | Lynchburg, Cambpell Co., Virginia - Elizabeth NICHOLS | |||
| Marriage | 15 Dec 1818 | Campbell Co., Virginia - Levina HAYTHE |  | ||
| Census | 1 Jun 1850 | Lynchburg, Cambpell Co., Virginia | |||
| Census | 1 Jun 1860 | Lynchburg, Cambpell Co., Virginia | |||
| Census | 1 Jun 1860 | Slave schedule, Lynchburg, Cambpell Co., Virginia | |||
| Death | Bef 11 Aug 1861 | Estimated, Lynchburg, Virginia | |||
| Burial | 11 Aug 1861 | Old City Cemetery, Lynchburg, Virginia | |
Families
| Spouse | Elizabeth NICHOLS ( - ) |
| Child | Lewis MERRITT (1812 - ) |
| Child | Polly Ann MERRITT (1812 - ) |
| Child | Leroy MERRITT (1812 - ) |
| Spouse | Levina HAYTHE (1789 - 1860) |
| Child | Lovina Louisa Jane MERRITT (1821 - 1850) |
| Child | Thomas MERRITT ( - 1837) |
| Child | William MERRITT ( - 1837) |
| Child | Martha G MERRITT ( - 1837) |
| Child | Julianna MERRITT (1824 - 1860) |
| Child | Richard Preston MERRITT (1827 - ) |
| Child | John MERRITT (1828 - ) |
| Child | Elizabeth R MERRITT (1833 - ) |
| Father | Major MERRITT (1763 - 1826) |
| Mother | Happey ( - 1829) |
| Sibling | Matilda MERRITT (1791 - 1866) |
| Sibling | Fleming MERRITT (1795 - 1854) |
Endnotes
1. Marriage Transcription.
2. Diuguid Funeral Home (Lynchburg, Virginia), "www.gravegarden.org/diuguid," ; privately held by , . Searchable with image of original documents linked.