When my ancestor Isham Ball died in 1860 in Powhatan County, Virginia, his will made very specific provisions regarding the inheritance of his daughter, Harriett Ball Ogilby. Isham wrote, “The Share of my daughter, Harriett Ogilby, wife of Peter F. Ogilby under this item, I do hereby direct shall be held in Trust by Wm C. Netherland of Powhatan County for the use and benefit of my said daughter Harriett during her life and that of her children in such manner that the said Peter F. Ogilby shall have no control over the property or the profits thereof in any way whatsoever.”1
I wondered, in a prior blog post, why Isham directed that his son-in-law have no control over Harriett’s inheritance. I found the answer in the online chancery files at the Library of Virginia.2
Peter incurred a debt of $124.00 on 4 March 1820. When Peter failed to pay the debt as ordered in a judgment against him, he was arrested on 27 August 1825. There had been other financial challenges and Peter apparently could not raise the cash and declared insolvency. The Sheriff put all of Peter and Harriett’s unencumbered possessions up for sale and Isham Ball bought them and paid Peter’s debt. In exchange Peter granted Isham all of his interest in the estates of his brother Patrick, and parents Judith and Richard Ogilby of Amelia County, Virginia. When the estates were settled in Amelia County in 1838, Isham Ball presented the agreement to the Court and received the share of his son-in-law, Peter Ogilby.
Isham Ball notably stepped in to protect his daughter and grandchildren from Peter’s financial difficulties and Peter was released from the Amelia County jail. Certainly Isham Ball considered this episode and others when he wrote his will. He was prudent to protect Harriett’s interests.
Peter and Harriett’s assets were listed as part of his insolvency declaration. I can only imagine Harriett’s dismay at seeing her child’s cradle, her pots and pans, spinning wheel and coffee pot auctioned off to pay her husband’s debts. Fortunately they were purchased by her father and the couple retained possession of their belongings.
The list of items provides a snapshot of how Peter and Harriett were living in 1825.3 A copy was included in the 1838 division of Judith, Richard and Patrick Ogilsby’s estates. The young couple didn’t own a lot, and the belongings indicate a middle class life. A looking glass and books indicate someone who could read and who cared about appearances. Feather beds were coveted household possessions. There were a few tools but not enough for serious farming. Perhaps Peter had already started preaching.
And do take note of the clerk’s beautiful penmanship.
- Isham Ball’s Will, 1 Oct 1860, Powhatan County, Virginia, Will Book 15, pages 467 – 468. County Clerk’s’s Office, Powhatan, Virginia.
- “Virginia Memory: Chancery Records Index.” Amelia County (Va.) Chancery Causes. John O Hundley ETC vs HEIR(S) OF Richard Ogilby BY ETC, 1839-010. Local Government Records Collection, Amelia Court Records. The Library of Virginia, Richmond, Virginia. Web. 2 April 2017.
- Hundley vs Ogilby, page 22
Vanessa, great find. I’m sure you were very excited to find this document and put the pieces together. Thanks for your diligence and hard work.
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