Doing the Math—are five heirs missing?

By Laurie on Sat, 01/25/2025 - 19:01

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About 1778 Henry Snow died, and the court records of Bedford County, Virginia, have few things to say about his estate. One part has me scratching my head. I have uploaded the page from the will book that I’m questioning.

I’ve added up the cash paid into the estate (found across bottoms of pages 274 and 275) and it was totaled correctly on the document.

I’ve added up the cash paid out of the estate for expenses (found at the top of page 275) and it was totaled correctly on the document.

The middle section of page 275 is the part that has me scratching my head. This section has not been totaled in the document. The section first shows Mary’s 1/3 part paid to her. When I do the math—subtract the cash paid out for expenses from the cash paid in and calculate 1/3 of it as Mary’s part, it matches what is recorded on the document as given to her.

After subtracting Mary’s 1/3 part, there would be a 2/3 part left to divide between the five people listed after her. However, if I add up what the other five heirs are paid, it only totals another 1/3. There is 1/3 not accounted for in the account.

If there were five other heirs of Henry (ten total not including the widow Mary), the math would work out. If that was the case, did the clerk pause in his work and neglect to pick up in the proper place—like in the middle of the list of heirs?

Or were there only five total heirs and for some reason they only got half of what they were entitled?

Or is something else going on?

There is nothing more after this document concerning Henry’s estate, so this is what I have to work with. I’d appreciate other opinions about what’s going on here.

Thank you!

Laurie

Link to page at FamilySearch in case you want to see the pages before and after. (Another estate starts on page 276.)https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9T3-PQNY-V?cat=275249&i=188

 

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Submitted byEEon Sun, 01/26/2025 - 11:27

Laurie, that's an interesting document. As you note, viewed alone, the math does not add up. On the other hand, viewed alone, several things do not add up.

  • The “order” by which this document was recorded calls it an “inventory and appraisement.” But it clearly is not that.   There is no inventory of any property—personal or real—and no appraisement.  Instead, it’s a list of moneys received by the estate and moneys paid out.  
  • This document would be either a final accounting or an annual accounting. Before they got to this point in the probate, there should be at least five other actions:  a request for administration, an appointment of the administrator, an order to make an inventory and appraisement and appointment of the men to do that, an inventory and appraisement, and an estate sale.
  • What does the list of sums paid into the estate, itemized on p. 274, represent?  Were these sums received from those who purchased property at the estate sale? Were these debts due to the estate by note? Did Snow keep a store? Or was he a tradesman who would have debts due to him by those who used his services? 
  • The accounting shows that Mary Snow “paid into” the estate 71£ and 8 shillings, then received 60.1.1 as her “widow’s third.” Clearly other relevant things have transpired before this. Typically, at the estate sale, the widow would have bid on the items she wanted. Their value would then have been deducted from her share at the time of the final accounting. If that occurred in this case, then she bought at the sale considerably more than what she was due. She would have needed money of her own, from somewhere, to cover the difference.
  • The amount Mary “paid into” the estate suggests that she took possession of her husband’s real estate—or a significant part of it.  If there was a typical estate sale, the 44£ 5sh from Col. James Callaway (and possibly the 11£ 12sh paid by Jonathan Radford) suggests that they bought part of Snow’s land as well.

All this leads to new questions:

  • Have you done a thorough search of Bedford County court, land, and probate records, or did you find this one document by using FamilySearch’s online search?  Documents dealing with probate also, often, appear amid the county’s land conveyances.
  • Did Henry Snow leave a will that disposed of his real and personal property, thereby leaving only notes and cash at hand to be dealt with?   (The fact that John Snow is called administrator suggests that he was not appointed executor via a will. But even with wills, there were instances in which an administrator (or administrator de bonis non) was appointed.
  • How exhaustively have you studied all Snows in the county? Do you have cause to believe there were other heirs?  (The online genealogical accounts of his family include dubious statements and situations.)