While researching Samuel Williams of Cumberland County, Virginia I came across his name as a deponent in a lawsuit against Benjamin Scott, filed by Benjamin’s siblings and their spouses over his refusal to distribute property in the estate of their unmarried, childless deceased brother, Samuel. However, the suit was filed in Prince Edward County so I think Benjamin Scott must have moved there.

This agreement is page 35 of the 62 pages in the court record, but the outcome of the lawsuit is not stated in the record. It is found at Virginia Memory Chancery Court Records and is #1807-35. The Scott siblings claimed that Samuel was “of weak mind” and not capable of caring for himself or his estate. Essentially, they were claiming that Benjamin got Samuel to sign over his property to him in an unfair deal. Samuel died by 1 September 1801, but the lawsuit went on for at least six years.

Samuel Scott Agreement

An agreement made this 3d day of October in the year One thousand seven hundred and ninety eight Between Samuel Scott of Cumberland County & Benjamin Scott, his Brother, of said County To wit, the said Benjamin Obliges him self to maintain and keep him the said Samuel during his natural life or the life of the said Benjamin and to furnish such necessary vitualing (?) (food?) Lodging & Clothing as Deasency and the Situation of the parties shall require or Justice demand. In consideration whereof in the said Samuel doth hereby give grant sell and confirm unto him the said Benjamin the full use Interest and Labour of all his Slaves, namely Pheby & Child David, Gilley, & Alley, with their future increase untill Death shall put an end to one of the parties and if the said Samuel should first Depart this life then in that case tis understood and agreed on by the said Samuel that the aforesaid Slaves with all their future increase shall vest in him the said Benjamin Scott and his heirs & forever without interruption or molestation of any person whatever. In witness whereof each of the parties have hereunto set their hands and seal the Day and year first above Writen.

Samuel Scott, his X mark
Benjamin Scott

Test. John Woodson