Robert Mays Will Challenged

Partial Record of 1811 Court Proceedings
Challenge to the 1806 Will of Robert Mays
September Term 1811

Ordered that the proceedings in the said County Court subsequent to the issue jointed between the parties be set aside, and that the cause be sent back to the said County Court with direction to the Court that if no other evidence appears exceptin what is contained in the Bill of exceptions, that the Def (e) n (se) be compelled to join in the demurrer.

Charles Tucker Jno Smith and Pearce Mays Exons of Robert Mays Dec'd and Jesse Mays Jos. B Mays, Ballinger Mays, and Polly Mays children and devisees of Robert Mays Dec'd and Susannah Mays, widow of the said Robert... Plaintiffs


Benjamin Mays, Wm Mays, Jas Mays, Richard Mays, Wm Yelton and Sarah his wife, Jos Mays, and Sarah his wife and Hensley Carpenter and Rhoda his wife... Defendants

This day came the parties by their attornies Declaration, plea and Issue and thereupon came a Jury to wit Benjamin Racker, George Taisley, David L Burford, Jacob Tyree, Drury Bell, John Tucker, John Hansard, Hugh Norvell, James Metcalf, Thompson Noel, WIlliam Penn and Jesse Woodrop who being elected, tried and sworn the truth to speak upon the issue joined upon their oath returned their Verdict in these words to wit: We of the Jury find that the paper mentioned in the Declaration and and (sic) plea and in the order of the Chancellor directing this issue, as purporting to be the last Will and Testament of Robert Mays Dec'd to wit : a paper bearing date the 3d day of June in the year 1806 signed and sealed by said Robert Mays attested by three subscribing witnesses to wit: Charles Taliaferro, Peter Taliaferro and James Clemens, and which is in the following words to wit: "In the name of God," etc. is really and truly the last Will and Testament of said Robert Mays Dec'd duly made and published according to law, at a time when the said Robert Mays was of sound and disposing mind. " Thompson Noel." Whereupon the Counsel for the Defendants in the issue moved the Court to certify to the Judge of the Superior Court of the Chancery held over in Stauton (?) that the Verdict of the Jury of aforesaid was contrary to the weight of eveidence in the trial. But the Court being of opinion that the said Verdict was supported by the evidence overruld the motion and refused to grant the Certification -- It is ordered that the Verdict found as aforesaid be certified to the said Superior Court of Chancery.

Court adjourned till tomorrow morning 10 o'clock.
Arch. C. Stuart
Friday September 17th 1811
Present Same Judge as Yesterday.
(Recorded in Order Book 1808-14, Page 260
Amherst County Circuit Court Clerks Office
Amherst, Virginina)

(Benjamins Father Robert was married twice and their were children by both marriages. When Robert Mays died, the two families (children) had a court battle over their Father's property.)

Amherst Co, Virginia Court Record 1808Know all men by these presents that we Benjamin MAYS and James MAYS of Iredell County and State of No. Carolina for divers good causes and considerations hereunto moving, have made, ordained, authorized.... and by these presents do make , ordain, authorize... John B. MAYS of the county and said state aforesaid; our true and lawful attorney for us, and in our names, and for our own proper use and benefit, do ask, demand, sue for, recover and receive all such legacy or legacies, or such part or oarts of the Estate of our Father, Robert MAYS deceased, of Amherst County, State of Virginia, as we, or either of us may be legally entitled to, and to have use, and take all lawful ways and means in our names, or otherwise for the recovery thereof, and to compund and agree for the same, and requittances or other sufficient discharges for the same, fo us, and in our names to make sell and deliver and to do all other lawful acts and things whatsoever concerning the promises as fully, and in every respect as we, ourselves might or could do, were we personally present at the doing thereof, and attornies one or more under him for the pruposes aforesaid to make, and again at his pleasure to revoke, ratifying and confirming, and by these presents, allowing whatsoever our said Attorney shall in our names lawfully do or cause to be done in, and about the premises by virtue of these presents In Witness whereof we have hereunto set our hands and Seals the 7th day of May 1808. Signed, Sealed, and Delievered in the presence of us Joseph GUY J.P. , M. MATHEWS J. P. State of North Carolina Iredell County. I hereby certify to all whom it doth or may concern that Joseph GUY and M. MATHEWS Esquires, before whom the within was taken and who hath thereunto subscribed their names, were at the time of so doing Justices of the Peace in and for the County aforesaid duly comissioned and Sworn, and to all whose acts as such, due faith adn credit is and ought to be given as well in courts of Justice as thereout. In Testimony, whereof I have thereto set my hand and affixed the seal of my office the 7th day of May 1808. John NISBET, Clerk. At a Court held for Amherst County the 17th day of May 1808 this Letter of Attorney was duly certified from the Count of Iredell in the State of North Carolina and the same is ordered to be recorded into the Court Teste.

(The children Benjamin and James by the first marriage lost to the children of the second marriage.)