Basil Berry & others
vs
Francis McClealand, admin of the estate of George Berry decd & others
Bill in Chancery

Trimble for complainants

Executed on the 18th day of January 1822 in Ozan Township by laving a Copy of the writ of Subpoena & Declaration with Francis McClaland & Hirum Smith & by reading the Original to the within named Defendants
Joishua Morrison
D S. H. Counte
service $2.00
Mileage
circular
10 miles
40
2.40

(Left)
Filed Apl 16 1822
D.E.McKinney clk

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To the honourable, the judges of the superior court of the Territory of Arkansas.
Humbly complaining sheweth unto your honours, your orators and oratrixes. Basil Berry, David Berry, John Buford and Mary Buford his wife (late Mary Berry), Scodgin Walls and Elizabeth Walls his wife (late Elizabeth Berry) Thomas Berry, John F. Berry, Jane Berry, Drury Walls and Mary Walls, his wife (late Mary Berry) Robert Berry and Thomas Berry infant heirs of James Berry deceased who sue by Basil Berry their uncle and next friend.
and William Berry and Robert Berry who are infant heirs of William Berry deceased who also sue by Basil Berry their uncle and next friend, that some time during the summer of 1818, a certain George Berry, now deceased, departed this life leaving your orators and oratrixes Basil Berry, David Berry, Mary Buford, Elizabeth Walls, and Mary Walls, his only surviving brothers and sisters; that Thomas Berry, John F. Berry, Jane Berry, William Berry and Robert Berry, (the two last named being infants), are the only heirs and legal representatives of William Berry deceased who was also a brother of the late George Berry deceased. That Robert Berry, Thomas Berry, the two first mentioned infants, and William Berry are the only heirs and legal representatives of James Berry deceased who was a brother also of the sd George Berry deceased and that the sd George Berry intermarried with a certain Mary McClealand, daughter of Francis McClealand, who it is prayed may be made a defendant to this bill, that the sd Francis McClealand took out letters of administration upon the estate of the sd George Berry deceased bearing date the 7th day of October 1818; and in pursuiance of the authority thereby vested has the estate of sd decedant appraized to the [image of page 3] sum of two thousand, two hundred and fifteen dollars and thirty one cents, which may more fully appear by the sd appraizement list filed and now remaining in the clerks office of the court of common pleas of the county of Arkansas, an attested copy of which with a bond and other proceedings had in the administration of sd estate shall be herewith filed as soon as they may be procured, all which may be made a part of this bill, That the bond was executed by the sd administrator was given to the governor, and his successors in office, of the Territory of Missouri, that it is become a doubt whether a suit at common Law be maintained upon the sd bond so as to charge the aforesaid administrator and his ? That the sd administrator refuses to make distribution according to law to your orators & oratrixes, alledging that Mary Berry , late wife of the sd George Berry deceased was delivered of a posthumous child, and that the said widow is entitled, as heir to her child to all the estate of the sd George Berry deceased. that the sd Mary Berry widow of the sd George Berry deceased hath since intermarried with a certain Hiram Smith who are also made defendants to this bill. that the sd administratr without giving notice as provided for by law, hath made a pretended settlement with the court of common pleas, of the county of Hempstead at the last December term in the year 1820 of sd Court. that an ex parte trial was made of the validity of sd administrators accounts, and allowed the sum of _____ dollars, covering the whole amount of the sd estate, except the value of four negros. All which proceeding of the sd court, as appears by the record herewith to be filed, so soon as procured, and all their actings and doings are contrary to equity and good conscience, and for as much as your complainants are wholly remedy [image of page 4] less by the rules of common law. To the end therefore, that complete justice may be done to your complainants, they pray that the sd defendants true, perfect and complete answer make on their corporal oaths to all and singular the obligations herein contained as fully as if the same were again repeated by way of interrogatories. That your honors will direct an issue of fact to be tried between the parties to ascertain whether the sd widow of George Berry deceased was delivered of a posthumous child, and if so delivered whether the same was or was not still born, or direct the same to be tried in chancery by your honourable court. That when it shall be ascertained that the sd George Berry departed this life without lawful issue, and that your complainants are the only legal representatives of the sd George Berry deceased, that your honors will enter up a decree directing how and in what portion according to the statute of the Territory the estate of the sd George Berry deceased shall be distributed to your complainants, leaving to the sd widow her dower as directed by the law of the land. That the court will revise the allowances made by the court of common pleas of the county of Hempstead, That they will make such correction and deduction as equity and good conscience may dictate; that you will grant a writ of Subpoena. and your complainants as in duty bound will every pray &c.
William Trimble
for complainants

Arkansas Territory
The Clerk of the Superior Court, of the Territory aforesaid will issue a summons on the foregoing directed to Hempstead County.
W. Trimble
for complainants

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Territory of Arkansas SS. United States of America
To the Sheriff of Hempstead County Greeting You are hereby commanded to Summon Francis McLeland, Hiram Smith, and Mary Smith his wife if they may be found in your Bailiwick to appear before the judges of our superior Court on the first day of our next April Term to be holden at the Little Rock, then and there to answer to a bill in chancery ? against them by Basil Berry, David Berry, John Buford and Mary Buford his wife late Mary Berry, Scodgin Walls, and Elizabeth Walls, his wife late Elizabeth Berry, Thomas Berry, John F. Berry, Jane Berry, Drury Walls, and Mary Walls, his wife late Mary Berry, Robert Berry and Thomas Berry, infant heirs of James Berry, Deceased William Berry, and Robert Berry who are infant heirs of William Berry Deceased, And that you make due return of this Subpoena, to our said Court
In Testimony whereof I have set my hand and affixed the seal of office this 22d day of December 1821 and of the Independence the 46th
James H. Lucas D. Clk
for D. E McKinney Clk

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