Court for November 27, 1826. Suit in Chancery. Harrison Barner and John Barner and others, plaintiffs against Joseph H. Travis and Wm. F. Brodnax, Executors of John Barner, defendants.  This day this cause was docketed and came on to be heard on the bill answer and exhibits heretofore filed in this cause and it appearing to the court that the order of publication as to the absent defendants, Benjamin Marrable and Lucy, his wife, has been regularly inserted in the public newspaper and posted at the front door of the courthouse of this county according to the order heretofore made in this court by this court It is decreed and ordered that John Taylor, John B. Thrower, Richard R. Browse, Robert Jones and James Seward or any three of them do divide the slaves and the estate owned by John Barner the Elder to his wife for life and which were not otherwise specifically disposed of equally between the devisees of the testator that is to say that they allot to William Harwell, Elizabeth P. Baugh late Harwell, Joseph Harwell, Martha Harwell, wife of Samuel Harwell, Rebecca J. Dorch late Harwell, Nancy Clauswell, late Harwell, John B. Harwell, Caroline A. Harwell, Mary Harwell and Richard Harwell one fifth they being the children of Rebecca Harwell late Barner, to Charles P. Cleaton, Catharine Rainey late Cleaton in right of the said Catharine Thomas Cleaton, Benjamin Tanner and Elizabeth his wife late Cleaton in right of the said Elizabeth, Jesse Rose and Edney his wife late Cleaton in right of the said Edny, William B. Cleaton and Parasade Cleaton, children of Elizabeth Cleaton late Barner, one fifth to James Hicks, John B. Hicks, Isaac Hicks and Francis B. Hicks, sons of Tabetha Hicks late Barner, one fifth and on fifth to Judith Pittello wife of Littleton Pittello which said fifth is allotted her for life and to revert to all her children after her children and to Benjamin and Lucy Marable late Barner, the remaining fifth according to the will of the testator in kind if it can be effected and make report thereof in order to a final decree.

Order Book 31, page 381, Brunswick County, Virginia

Court for February 26, 1827. Suit in Chancery. Harrison Barner and John Barner and others, plaintiffs against Joseph H. Travis and Wm. F. Brodnax, Executors of John Barner, defendants. This day came the parties by their counsel and the commissioners appointed to divided slaves. . . made the following report to . . .allotted No. 1 to James Hicks, John B. Hicks, Isaac Hicks and Francis B. Hicks, sons of Tabetha Hicks late Barner, comprising of Phillis a Negro woman and Isaac an old Negro man valued at $400.00. . . Lot #2 to Charles D. Cleaton and others in right of Elizabeth Cleaton late Barner. . . Charles an old man and Tom a boy valued at $400.00. . .Lot #3 to Benjamin and Lucy Marable late Barner. . . Fanny a woman and child Earnined valued at $400.00. . . Lot #4 to William Harwell and others in right of Rebecca Harwell (late Barner). . . Negro man named George valued at $350.00. . . Lot #5 to Judith Pittello wife of Littleton Pittello. . . (report dated December 9, 1826)

Order Book 31, page 434, Brunswick County, Virginia