Ayer vs. James
Suit to settle estates of Jane F and Clemens James
When Jane Francis James died in 1883 without a will, the estate from her and her deceased husband, along with that of her deceased son Clemens needed to be settled. Her son-in-law Ira Ayer, Jr. was chosen by the family to handle it. He need to sell the property and pay the creditors. For some reason, as trustee, the suit was called Ayer vs. James where the defendants were all the James family members and their spouses including Ira and his wife Jennie. This was not a case where Ira was suing the family.
There are 140 documents including almost 300 pages associated with the case. They are held by the Chancery Court of Hanover County, Virginia were Jane's hometown of Ashland is.
The documents have been scanned and place online by the Library of Virginia. These pages include those documents, a summary of each document and transcriptions of a few of them.
This page includes a table listing each document. For more detail visit the three pages below, The case, The Claims and The Conclusion.
Related Documents:
- Cast of Characters: Check here.
- Family descriptions: Ayer and James.
-
History of the
10th
Pennsylvania Reserves (the regiment that Ira Ayer, Jr. was
in)
including history by Samuel
Bates.
- The flag of the Allegheny College Civil War Company by Jonathan Helmriech, Ph.D. (the Company of Ira Ayer, Jr.).
- Photo Albums for the Ayer and James families
- Documents and Newspaper articles for Ira Ayer I and Ira Ayer II.
- "Reminiscences of the Life of a Pioneer", an autobiography by Ira Ayer, I and a memorial to him by his GAR company
- A history of the James family from the 19th century
- Vital Records for the James family
Table of Contents for this summary document:
Table of Contents for the detailed documents:
The Case:
Preliminary Documents::
| Document | Date | Description |
| AyerVsJames_001 | Cover Sheet | |
| AyerVsJames_002 | 11-Jun-1883 | Deed of Trust - All parties transfer control of estate to Ira Ayer |
| AyerVsJames_003 | 16-Jun-1883 | Samuel and Grace James sign Deed of Trust in front of notary |
| AyerVsJames_004 | 20-Jun-1883 | Joseph and Hannah France sign Deed of Trust in front of notary |
| AyerVsJames_005 | 26-Jun-1883 | Christian and Emma Jourgensen sign Deed of Trust in front of notary |
| AyerVsJames_006 | 2-Jul-1883 | Dr. M and Annie James sign Deed of Trust in front of notary |
| AyerVsJames_007 | 21-Aug-1883 | Ira and Jennie Ayer sign Deed of Trust in front of notary |
| AyerVsJames_008 | 1883 | Blank form for John James to sign. It was never signed |
| AyerVsJames_009 | 1883 | Deed of Trust entered into court |
| AyerVsJames_010 | 15-Jun-1883 | Notice about an auction in "The State" newspaper, Richmond once a week for 4 weeks |
| AyerVsJames_011 | 20-Jun-1883 | Notice in "The State" newspaper, Richmond looking for people with claims against Jane |
| AyerVsJames_012 | 23-Jun-1883 | Property Servey |
| AyerVsJames_013 | 23-Jun-1883 | Property Survey Cover Sheet |
| AyerVsJames_014 | 28-Sep-1883 | Letter from Ira Ayer to W. J. Leake |
The Filings:
| Document | Date | Description |
| AyerVsJames_015 | 1-Jan-1884 | Leake submits request for sut to settle James estate |
| AyerVsJames_016 | 2-Jan-1884 | Notorized statement from Wm J Leake saying that all the defendants are not residents of VA |
| AyerVsJames_017 | 4-Jan-1884 | Summons for Samuel R and Grace W James, Chistian and Emma Jourgensen, Joseph and Hannah France, Dr. M and Annie James, Anderson Jackson and Jennie Gregory, John F. James, Wm L. Cowardin Trustee of Virginia Fire and Marine Insurance Company, B. B. Foster and Edward D. Pitts, trustees. |
| AyerVsJames_018 | 4-Jan-1884 | Summons W. L. Cowardise, trustee of the Virginia Fire and Marine Insurance Company to appear in Richmond Court |
| AyerVsJames_019 | 4-Jan-1884 | Samuel answeres bill before a notary |
| AyerVsJames_020 | 7-Jan-1884 | Filing the lawsuit |
| AyerVsJames_021 | 9-Jan-1884 | Notice about the suite in "The State" newspaper, Richmond once a week for 4 weeks |
| AyerVsJames_022 | 9-Jan-1884 | Receipt from "The State" newspaper paid June 11, 1884 |
| AyerVsJames_023 | 10-Jan-1884 | Summons for B. B. Foster and Edward D. Pitts |
| AyerVsJames_024 | 13-Jan-1884 | Dr. M James answers bill before a nortary |
| AyerVsJames_025 | 28-Jan-1884 | The Frances answer bill before notary |
| AyerVsJames_026 | 8-Feb-1884 | Ira tells court that Annie is dead and Edward needs a guardian |
| AyerVsJames_027 | 8-Feb-1884 | Ira's amended filing - out of order and notes on last page |
| AyerVsJames_028 | 13-Feb-1884 | Summons for Edward Pitts to appear in court in Norfolk - No reason given |
| AyerVsJames_029 | 13-Feb-1884 | G. L. and Jennie Gregory say Jennie's fathe John James has not been heard from since 14 Feb 1883 |
| AyerVsJames_030 | 13-Feb-1884 | G. L. and Jennie Gregory answer bill before notary |
| AyerVsJames_031 | 5-Mar-1884 | Jorgensens answer bill before a notary |
| AyerVsJames_032 | 15-Mar-1884 | Un-notorized response from J. A. Brown, Edward's guardian |
| AyerVsJames_033 | 8-Apr-1884 | Response from Edward before a notary |
| AyerVsJames_034 | 11-Apr-1884 | Deposition of George E. Crawford |
| AyerVsJames_035 | 28-Apr-1884 | Record of court hearing - Edward does not live with step father |
| AyerVsJames_036 | 1-May-1884 | Leake submitted bond of $2,500 as required by 28 April decree |
| AyerVsJames_037 | 7-May-1884 | Receipt from "The State" newspaper |
| AyerVsJames_038 | 19-May-1884 | Account of debts and liabilities by G. E. Crawford for W. J. Leake |
| AyerVsJames_039 | 28-May-1884 | An order from W. J. Barton? to get an account of all leans against the estate. |
| AyerVsJames_040 | 29-May-1884 | Notice in "The State" newspaper, Richmond once a week for 4 weeks saying that all creditors must notify the court by June 27 |
| AyerVsJames_041 | 29-May-1884 | Notice about case in "The State" newspaper, Richmond once a week for 4 weeks |
| AyerVsJames_042 | 4-Jun-1884 | Letter to Wm J Leake from Attorney G. G. Kean |
| AyerVsJames_043 | 20-Jun-1884 | Receipt from "The State" newspaper |
The Claims:
Paid:
| Document | Date | Description |
| AyerVsJames_044 | 1883 | Property and dog tax for Jane |
| AyerVsJames_045 | 1883 | Property tax for Jane - $12.60 on 4 1/2 acre valued at $1,500 |
| AyerVsJames_046 | 1883 | Property tax for Clements |
| AyerVsJames_047 | 1883 | Property tax for Clements James - $4.20 on 1/4 acre valued at $500 |
| AyerVsJames_048 | 1883 | Property tax for Samuel - $3.99 on 4 3/4 acres valued at $475 |
| AyerVsJames_049 | 1883 | Property tax for Samuel |
| AyerVsJames_050 | 14-Jul-1883 | |
| AyerVsJames_051 | 14-Jul-1883 | Receipt for Insurance policy |
Unpaid:
| Document | Date | Description |
| AyerVsJames_052 | 13-Dec-1870 | Richmond lawsuit saying that William owes someone $100 plus 5% interest since August 1865 |
| AyerVsJames_053 | 26-Apr-1882 | Bill for visits from Wm H Fox after Jane had a serious fall that led to bronchitis |
| AyerVsJames_054 | 31-May-1882 | Bill from Julius Meyer & Son, Richmond |
| AyerVsJames_055 | 21-Jul-1882 | IOU from Jane for $7.52 |
| AyerVsJames_056 | 15-Apr-1883 | Bill from J. A. Grigs, richomond Boots, shoes and trunks |
| AyerVsJames_057 | 1-May-1883 | Tab from Cohen Brothers Dry goods store, Richmond 1880-1883 |
| AyerVsJames_058 | 31-May-1883 | Bill from Richmond druggist |
| AyerVsJames_059 | 2-Jun-1883 | Bill from a Richmond florist for $3.75 |
| AyerVsJames_060 | 18-Jun-1883 | Mrs. Bessie Ricker lent Jane $100 in 1870 - She is the niece of William by way of his sister Susan Byers |
| AyerVsJames_061 | 10-May-1884 | Bill from printer for posters to auctioneer |
| AyerVsJames_062 | 1-Jul-1884 | Letter from Samuel to Wm J Leake |
| AyerVsJames_063 | 1-Aug-1884 | Envelope for claims of Samuel against Jane's estate |
| AyerVsJames_064 | 6-Mar-1883 | Bill for Postmaster Brooklyn possibly for shipping body - $139.75 |
| AyerVsJames_065 | 25-Jun-1883 | Check from Samuel for Postmaster Brooklyn possibly for shipping body - $139.75 |
| AyerVsJames_066 | 1-Jun-1883 | Check from Samuel to Dr. Samuel Armor for $10 |
| AyerVsJames_067 | 1-Jun-1883 | Receipt for services from Dr. Samuel Armor for services rendered 11 April 1883 |
| AyerVsJames_068 | 30-Jun-1883 | Receipt from Dr. Geo W. Baker, Brooklyn, NY $52 |
| AyerVsJames_069 | 20-Dec-1883 | Check from Samuel to Dr. Geo W Baker for $52 |
| AyerVsJames_070 | 1-May-1883 | Bill from undertaker in Brooklyn for $119.30 |
| AyerVsJames_071 | 7-Jun-1883 | Check from Samuel to undertaker in Brooklyn for $119.30 |
| AyerVsJames_072 | 19-Apr-1883 | Bill from undertaker in Washington for $29.00 for cemetery prep |
| AyerVsJames_073 | 24-Jan-1884 | Check from Samuel to undertaker in Washington for $11.00 |
| AyerVsJames_074 | 24-Jan-1884 | Bill from undertaker in Washington for $11.00 |
| AyerVsJames_075 | 1-Jul-1884 | List of payments made by Samuel for Jane |
| AyerVsJames_076 | 1-Aug-1882 | Note on envelope that says claims of S R James against estate of Cemens James with vouchers - can't read part of it |
| AyerVsJames_077 | 22-Dec-1873 | Deed between Clemens and Edward Pitts of Norfolk and Benjamin B Foster of Norfolk - Clemens owed Foster $300 and used the land a colateral |
| AyerVsJames_078 | 22-Dec-1873 | $100 in notes from Foster to be paid by Clemens in 12 months |
| AyerVsJames_079 | 22-Dec-1873 | $100 in notes from Foster to be paid by Clemens in 12 months |
| AyerVsJames_080 | 1-Jul-1884 | Samuel paid off $200 of Clemens note with $84 in interest |
| AyerVsJames_081 | 1-Aug-1884 | Summary of debts and demands against Jane ($911.69) and Clemens ($285.33) |
| AyerVsJames_082 | 21-Jul-1884 | Receipt from R. H. Cardrocll for $20 |
| AyerVsJames_083 | 4-Aug-1884 | Receipt from surveyor for $15 from Leake |
The Conclusion:
The Settlement:
| Document | Date | Description |
| AyerVsJames_084 | 5-Jul-1884 | Letter from Ira to Wm J Leake and signed by Samuel |
| AyerVsJames_085 | 1884 | Account from auctioneer |
| AyerVsJames_086 | 1-Aug-1884 | To Hon Wm J. Barton, Judge talking about debts and mentions when property was transferred to children |
| AyerVsJames_087 | 1-Aug-1884 | Account of Jane's and Clemens' estates |
| AyerVsJames_088 | 4-Aug-1884 | Court Costs |
| AyerVsJames_089 | 4-Aug-1884 | Reciept for court costs |
| AyerVsJames_090 | 8-Aug-1884 | Receipt for a deposit of $1,417.63 by W. J. Leake, payable to Hanover Cir Court re: Ayer & wife vs. James als |
| AyerVsJames_091 | 8-Aug-1884 | Note from the bank on Leake's stationary about deposit notes from R. F. Berrne and J. B. Crenshaw, each for 6, 12 and 18 months |
| AyerVsJames_092 | 12-Aug-1884 | Letter from Ira to Wm J Leake |
| AyerVsJames_093 | 15-Aug-1884 | Letter from Samuel to Wm J Leake |
| AyerVsJames_094 | 20-Aug-1884 | Letter from Samuel to Wm J Leake |
| AyerVsJames_095 | 23-Aug-1884 | Letter from Ira to Samuel |
| AyerVsJames_096 | 27-Aug-1884 | Letter from Ira to Wm J Leake |
| AyerVsJames_097 | 28-Aug-1884 | Envelope that contained vouchers from Leake |
| AyerVsJames_098 | 28-Aug-1884 | Report of sale of the estates of Jane F James and Clemens James by Leake |
| AyerVsJames_099 | 29-Aug-1884 | A. J. Gregory and Jennie Lee Gregory give permission to pay two debts - One is to Mrs. Bessie Ricker and the other is Mrs. Mary J. Spencer, Wales Mrs. Mary J. Spencer is Miss Mary J. Spencer, niece of Jane by way of her sisters Jane Spencer. |
| AyerVsJames_100 | 1-Sep-1884 | Samuel R James to Wm J Leake - partly about debt of Mary Spencer of Wales Mrs. Mary J. Spencer is Miss Mary J. Spencer, niece of Jane by way of her sisters Jane Spencer. |
| AyerVsJames_101 | 1-Sep-1884 | Samuel R and Grace James give permission to pay two debts - One is to Mrs. Bessie Ricker and the other is Mrs. Mary J. Spencer, Wales Mrs. Mary J. Spencer is Miss Mary J. Spencer, niece of Jane by way of her sisters Jane Spencer. |
| AyerVsJames_102 | 4-Sep-1884 | Ira Ayer and Janie James Ayer give permission to pay two debts - One is to Mrs. Bessie Ricker and the other is Mrs. Mary J. Spencer, Wales Mrs. Mary J. Spencer is Miss Mary J. Spencer, niece of Jane by way of her sisters Jane Spencer. |
| AyerVsJames_103 | 4-Sep-1884 | Hannah and Joseph France give permission to pay two debts - One is to Mrs. Bessie Ricker and the other is Mrs. Mary J. Spencer, Wales Mrs. Mary J. Spencer is Miss Mary J. Spencer, niece of Jane by way of her sisters Jane Spencer. |
| AyerVsJames_104 | 4-Sep-1884 | Emma and Christian Jourgensen give permission to pay two debts - One is to Mrs. Bessie Ricker and the other is Mrs. Mary J. Spencer, Wales Mrs. Mary J. Spencer is Miss Mary J. Spencer, niece of Jane by way of her sisters Jane Spencer. |
| AyerVsJames_105 | 27-Oct-1884 | Preceding documents filed with the court |
| AyerVsJames_106 | 8-Sep-1884 | Notarized claim by Bessie Ricker against the estate of Jane F. James for $100 from 1870. Only $10 have been paid. |
| AyerVsJames_107 | 28-Sep-1884 | Jennie Ricker attests that her sister Bessie loaned money to Jane F. James. Ira Ayer and Samuel James also attested to this on the back signed on October 1st and 16th respectively. Jennie (or Jane) is William's niece by way of his sister Susan Byers. |
| AyerVsJames_108 | 16-Oct-1884 | Letter from Samuel to Wm J Leake |
| AyerVsJames_109 | 27-Oct-1884 | Notice of Decree - summary of estate settlement |
| AyerVsJames_110 | 1-Dec-1884 | Letter from Ira to Wm J Leake |
| AyerVsJames_111 | 31-Mar-1885 | Receipt for a deposit of $105 by G. B. Crenshaw, payable to Hanover Cir Court re: Ayer & wife vs. James als |
| AyerVsJames_112 | 27-Apr-1885 | Record of court hearing based on payment by G. B. Crenshaw and money distributed to heirs |
| AyerVsJames_113 | 26-Apr-1886 | Ordered that J. A. Brown receive a chedk for $2.80 for his services |
Post Settlement:
| Document | Date | Description |
| AyerVsJames_114 | 29-Oct-1900 | 1899 taxes of $0.89 paid |
| AyerVsJames_115 | 5-Dec-1938 | $256 ramaining in court hands is taxed |
| AyerVsJames_116 | 6-Dec-1938 | $1.01 is drawn from the account |
| AyerVsJames_117 | 9-Dec-1938 | $256 ramaining in court hands is taxed |
| AyerVsJames_118 | 5-Dec-1939 | $256 ramaining in court hands is taxed |
| AyerVsJames_119 | 24-Nov-1939 | $256 ramaining in court hands is taxed |
| AyerVsJames_120 | 1939 | $1.02 is drawn from the account |
| AyerVsJames_121 | 5-Dec-1940 | $256 ramaining in court hands is taxed |
| AyerVsJames_122 | 20-Dec-1940 | $256 ramaining in court hands is taxed |
| AyerVsJames_123 | 1940 | $1.01 is drawn from the account |
| AyerVsJames_124 | 4-Dec-1941 | $1.01 is drawn from the account |
| AyerVsJames_125 | 5-Dec-1941 | $256 ramaining in court hands is taxed |
| AyerVsJames_126 | 16-Nov-1942 | $1.01 is drawn from the account |
| AyerVsJames_127 | 27-Nov-1942 | $256 ramaining in court hands is taxed |
| AyerVsJames_128 | 5-Dec-1942 | $256 ramaining in court hands is taxed |
| AyerVsJames_129 | 5-Dec-1942 | $256 ramaining in court hands is taxed |
| AyerVsJames_130 | 24-Nov-1943 | $1.01 is drawn from the account |
| AyerVsJames_131 | 5-Dec-1943 | $256 ramaining in court hands is taxed |
| AyerVsJames_132 | 5-Dec-1943 | $256 ramaining in court hands is taxed |
| AyerVsJames_133 | 20-Nov-1944 | $1.01 is drawn from the account |
| AyerVsJames_134 | 29-Nov-1944 | $1.01 is drawn from the account |
| AyerVsJames_135 | 5-Dec-1944 | $256 ramaining in court hands is taxed |
| AyerVsJames_136 | 5-Dec-1944 | $256 ramaining in court hands is taxed |
| AyerVsJames_137 | 5-Dec-1945 | $256 ramaining in court hands is taxed |
| AyerVsJames_138 | 1946 | Court ledger |
| AyerVsJames_139 | 30-Jun-1967 | Court has an unclaimed $247.93 of which $6.75 goes to the court |
| AyerVsJames_140 | 13-Jul-1967 | Remaining $241.18 is donated to the literary fund |
Copyright Bill Scholtz 2011-
Last edited 12/18/2011