Bath County KY Circuit Court: Parts 1-3. James Leach vs. Meredith Leach & others ------------------------------ Date: Fri, 5 Jun 1998 20:44:45 -0400 From: "Smith, Elizabeth" Following is a case I found in the Bath Co. Circuit Court files at the Kentucky State Archives in Frankfort. James Leach is suing his brother, Meredith Leach and others over the settlement of his father's estate. Included are the names of several Bath & Montgomery Countians. Also included, as part of the case are records from the Hendricks Co., IN estate settlement of John Leach, the father of James and Meredith. Many people from the Bath Co. area settled in Hendricks and surrounding counties of Indiana. Elizabeth Smith esmith@montgomery.k12.ky.us - ---------------------------------------- James Leach vs. Meredith Leach & others - part 1 To the Honorable Judge of the Bath Circuit Court in Chancery setting your Orator James Leach humbly Complaining shewith? into your Honor That on the ninth day of October 1837 His father John Leach departed this life in the County of Hendricks and state of Indiana-- That he died intestate leaving a widow & the following children & heirs towit. Susan hines wife of John Hines, Enos Leach, Peter Leach, John Leach, Meredith Leach, Elias Leach, and your orator. He had also a son named William Leach who died several years before the said John who left several children whose names are unknown to your orator. That Subsequently to his death to wit on the [blank space] day of [blank space] 1837 the said Meredith Leach took out letters of administration (a copy of which order granting them will be filed in due time and which are prayed to be taken as a part of this bill from the the county court of the said county of Hendricks and state of Indiana and thereby undertook the administration of all and singular the goods chattels and credits of said John Leach Decd. said Meredith as will in all the other heirs Above named and Polly Leach the widdow [sic] of the said John Leach as also John Hines husband of the said Susan Hines are made Defendants to this bill. Your orator avers that at the time of said John Leach's death he was almost entirely out of debt - he having been informed by his said administrator that there was only about Seven dollars worth of accounts against him all of which he Said administrator had paid. your orator charges that after the payment of every debt of every kind and description due from said estate and after paying said admistrator a reasonable compensation for his services there will be in his hands liable to distribution after alloting to the widow her legal allowance not less than the sum of Twelve hundred Dollars -- that said administrator has now in his hands already collected of said estate the sum of about [blank space] Dollars and that there are debts due to said estate in the said county of Bath in the Commonwealth by note the sum of about Eleven or Twelve hundred Dollars--that is to say one note on Isaac Irvin for the sum of about six hundred & fifty Dollars and another note on George Jameson [blank space] in consideration of land and other property sold by said John Leach, to them in his life time--the said John Leach having formerly resided in said County of Bath from whence he migrated to the state of Indiana about Two years ago-- Your orator avers that about one hundred and fifty Dollars will be coming to him as one of the heirs of his said father out of said estate after the usual allowance is made to the widow that he is entitled to the eighth part thereof - the said Susan Hines having had provision made for _?_ [a couple of words here, smudged] John Leach in his life in consequence of which she will be entitled to receive no part of his said estate, and that the said administrator ought in right and in Justice to pay him over? at least that amount--that as all the debts of the decedant are paid and he knows the number of heirs entitled to distribution it is easy to make the Calculation as to the amount that each is entitled to after retaining for himself in his own handz [sic] a reasonable compensation for his services as administrator as aforesaid--He avers that he has called on said administrator to pay him that amount towards his portion which said administrator has refused to do although he admitted that he had funds in his hands amply sufficient for that purpose and stated peremptorily & positively that your orator would have to go to Hendricks County Indiana before he could get his portion of the estate or any part thereof --that he would have to make a settlement with the Commissioners in said state before he could or would do any thing for him. Your orator thereupon tendered him bond and security to pay back the same in case the same was not allowed by said commissioners or such portion thereof as they should refuse to allow which bond is herewith filed and marked A and made a part of this bill. But said Defendant still refuses to pay him any thing and insists that he shall go to Indiana to get it which your orator thinks it unreasonable that He should do - especially when he has tendered a sufficient indemnity to said Defendant He verily believes and charges that said Defendant has no good motive in this delaying him but that his object is to harrass and vex your orator and to put him to as much trouble, cost and delay as possible in getting his money - Your orator charges that said Defendant the administrator of said John Leach has now in his hands and possession the notes of the said Irvin & Jameson executed to said intestate as aforesaid and is now seeking a collection of the same which your orator has no doubt will be punctually paid in a short time by said payors as they are both due unless prevented from so doing by your Honor and should said debts be collected by said Administrator your orator will be reduced and driven to the alternative of going to Indiana at a very great expense and loss of time neither of which can he well afford in order to get his portion of said estateor else lose the same or [several words interlined are too small to read] there for him. He states to your Honor that to go that distance for that amount in his present circumstances and in the face of the proposition he has made to said administrator would be a very unreasonable and unjust acquisition? when he is convinced in his own mind and well advised by others that it is entirely unnecessary provided said administrator would act justly and in an accommodating manner and where to the old scriputeral [sic] adage of "doing as he would be done by. He therefore prays your Honor to take cognig[smudged] of his cause and grant him relief He prays your Honor to grant him an injunction against said administrator and the said Iaac [sic] Irvine enjoining and restraining the latter from paying -?- to the former or to any other person -?- the sum of one hundred and fifty Dollars of said note due and payable to said intestate John Leach by him as aforesaid and now in the hands of said administrator for collection as aforesaid and also enjoining and restraining said administrator from proceeding in the collection of that amount on said note or of transferring or conveying away the sum to any other person until the further order of this court and on a final hearing of his cause he prays your Honor to decree him a satisfaction of his said demand out of the said one hundred and fifty Dollars of said note so above prayed to be enjoined or so far as the same may go if upon a more certain ascestamment [sic] of his demand against said administrator it shall be found to exceed that amount - He prays the Commonwealths writ of spa may issue? -- and that the Defendants answer the several allegations of this bill and prays such this and further relief as to equity belongs - He prays that the said Irvine & Jameson be made Defendants to this bill and answer the allegations of the same Apperson & Chiles pq Montgomery County Sct James Leach maketh oath and Saith that the facts set forth in the foregoing bill are true to the best of his knowledge and belief. Sworn to before me a justice of the peace for said county this 29th day of September 1838. [Signature illegigible] Bath Count Sct The clerk of the Bath Circuit Court will Issue spa writh injunction pursuant to the prayer of the within bill. Upon the said Complainants executing bond with approved security in the clerks office [interlined: "in the sum of $300"] of said court conditioned according to law-the said Meredith Leach being thereby enjoined and restraning from proceeding on the collection of one hundred and fifty Dollars of the note due John Leach Decd by Isaac Irvine and of transferring or conveying away the same until the further order of the Court and the said Isaac Irvin from paying the said sum of one hundred and fifty Dollars to the said Meredith Leach or any other person whatever until the further order of said Court-The bond to be in the penalty of Three hundred Dollars Given under our hands and seals as two of the Commonwealths justices of the peace for the County aforesaid-authorised and empowered by the County Court thereof to grant injunctions, ne excats &c this 8th day of October 1838 Jacob Steele Seal John W. Richards Seal - ---------------------------------------- Know all men by these presents that I James Leach have this day nominated and appointed and do by these presents nominate and appoint my friend George Case my lawful attorney in fact for me and in my name and behalf to receive from my brother Meredith Leach administrator of my father John Leach Decd the sum of one hundred and fifty Dollars which is the amount to which I am entitled as one of the Children and heirs of said John Leach Decd my interest in said estate being the one eighth part thereof after the payment of the debts & liabilities of said estate and after the widow shall have received her legal allowance. I also authorize and empower my said attorney in fact for me and in my name for the purpose of receiving said money to tender in my behalf to the said Meredith Leach a bond indemnity which I have syned [sic] and sealed and in which said George Case is my security he having likewise syned [sic] and sealed the same and which is dated the present day and year-and for the purpose of obtaining legally the said sum of one hundred and fifty Dollars so due me as aforesaid I further authorize and empower my said agent to take such other and further steps in the premises as may be necessary for that purpose- hereby notifying & confirming whatsoever the said George Case as my attorney shall do and transact in that behalf as fully and completely as though the Same was by myself personally done [smudged] ------------------------------ Date: Fri, 5 Jun 1998 20:44:51 -0400 From: "Smith, Elizabeth" Subject: KFY: James Leach vs. Meredith Leach & others - part 2 James Leach vs. Meredith Leach & others - part 2 from the files of Elizabeth Smith esmith@montgomery.k12.ky.us Know all men by these presents that we James Leach and George Case are held and firmly bound unto Meredith Leach administrator of John Leach Decd in the penal sum of Two hundred Dollars for the payment of which well and truly to be made we bind ourselves our heirs &c jointly and severally and firmly by these presents Sealed with our Seals and dated this 8th day of October 1838 The condition of the above obligation is such that whereas the above bound James Leach is one of the children and heirs of John Leach Decd and as such is entitled to distribution out of the estate of said John Leach Decd to the extent of one eighth after deducting all the debts and other liabilities of said estate and the portion to which the widow of the said John Leach is entitled which portion it is supposed will amount to [about two words not copied-lost in crease of paper] one hundred and fifty Dollars - - which the said Leach expects to receive from said Meredith administrator as aforesaid-Now should the said James Leach receive from him the said sum of one hundred and fifty Dollars and he together with his said security above named and hereto subscribed- well and truly keep and hold the said Meredith free from danger and liability to said estate of said John Leach Decd because of said payment to the said James Leach in Consequence of a refusal of the Commissioner (upon a settlement -?- them) to allow the Same or any part thereof to the said Meredith and well and truly pay back to him the same in that event or such part as may not be allowd or the said james Leach hereafter found to be not entitled to then this obligation to be void else to remain in full force & virtue in law Attest James Leach Seal William Banton George Case Seal - ---------------------------------------- Know all men by these presents that we James Leach and George Case are held and firmly bound unto Meredith Leach administrator of John Leach decd, Isaac Irwin and George B. Jameson in the sum of Three hundred dollars, for the payment of which, well and truly to be made we bind our Selves our heirs &c jointly and Severally firmly by these, Sealed with our Seals and dated this 8' Day of October 1838.- The condition of the above obligation is Such that whereas the above bound James Leach hath obtained an injunction in chancery enjoining and restraining the aforesaid Meredith Leach adminr: as aforesaid from collecting, and the said Irvin from paying over to the Said administrator the sum of One hundred and fifty dollars until the matter can be heard in Equity upon a bill filed for that purpose- Now if the Said James Leach and George Case or Either of them shall will and truly pay to the aforesaid Meredith Leach admr. all such damages and costs as Said? administrator may -?- against the Said James Leach in case his injunction shal be dissolved or discharged, then this obligation to be void, Else to remain in full force & virtue- Signed & ackd } in presence of } George Case Seal J. A. Turner. CBCC - ---------------------------------------- Know all men by these presents that we James Leach and George Case are held and firmly bound unto Meredith Leach administrator of John Leach decd, Isaac Irwin and George B. Jameson in the sum of Three hundred dollars, for the payment of which, well and truly to be made we bind our Selves our heirs &c jointly and Severally firmly by these, Sealed with our Seals and dated this 8' Day of October 1838.- The condition of the above obligation is Such that whereas the above bound James Leach hath obtained an injunction in chancery enjoining and restraining the aforesaid Meredith Leach adminr: as aforesaid from collecting, and the said Irvin from paying over to the Said administrator the sum of One hundred and fifty dollars until the matter can be heard in Equity upon a bill filed for that purpose- Now if the Said James Leach and George Case or Either of them shall will and truly pay to the aforesaid Meredith Leach admr. all such damages and costs as Said? administrator may -?- against the Said James Leach in case his injunction shal be dissolved or discharged, then this obligation to be void, Else to remain in full force & virtue- Signed & ackd } in presence of } George Case Seal J. A. Turner. CBCC - ---------------------------------------- Leach vs } Sub. in chancery Leach admr. &c To March 1838 Kentucky Sct:- Meredith Leach administrator of John Leach decd is hereby Enjoined and restrained from collecting, and Isaac Irwin is Enjoined and restrained from paying to the said administrator -?- -?- -?- one hundred & fifty dollars until the matter can be heard in Equity-the conplt. having filed his bill & Entered into bond as the law directs-Given und-my hand as clerk of the Bath Circuit Court, this 8: October 1838- J. A. Turner The commonwealth of Kentucky to the Sheriff of Bath County, Greeting: We command you to Summon Meredith Leach admr of John Leach decd and Isaac Irvin and George B. Jameson, & [illegible-interlined and smudged] to appear before the Judge of the Bath Circuit Court, at the Court house in Owingsville on the first day of our next march Term to answer a Bill in chancery axhibited against [illegible-cramped into the edge of the page] by James Leach.-And this he shall in no wise -?-. - And have -?- -?- this writ-Witness John A. Turner clerk of the said county this 8: day of October 1838, In the 47th year of the Commonwealth.- J. A. Turner Executed this 5th of Dec 1838 on Ervin & Meredith Leach Ar of John Leach (decd) A Gudgel S.B.C. - ---------------------------------------- Leach to } notice Leach Andrew Trumbo Esqr attorney at Law for Meredith Leach &c - Take Notice. That on Saturday next the 7th Instant at the house of Joseph Bondurant Esqr in Montgomery County Ky I shall take Depositions to be read and used as evidence upon the trial of the chancery sent now depending in the Bath Circuit Court in which I am complainant and said Meredith Leach & others are Defendants - and shall adjurn from day to day and time to time until the witness is completed when you may attend if you please. March 2nd 1840 James Leach the taken of depositions upon this notice is posponed until saturday next the 14th inst. this 7th of march 1840 Joseph Bondurant Executed By Delivery of A Turner? Copy March the 21 1844? LXRoberts -?- - ---------------------------------------- Know all men by these presentz that we James Leach and George Case are held and firmly bound unto Meredith Leach administrator of John Leach Decd Isaac Ervin and George B. Jamison in the sum of Three hundred dollarz for the payment of which will and truly to be be made, we bind ourselvez our heirz &c jointly and severally firmly by these presentz sealed -?- Our sealz and dated this 22nd day of March 1839- The condition of the above obligation is such that when as the above bound James Leach hath obtained an injunction in Chancery Enjoinning and restraining the aforesaid Meridith Leach adm as aforesaid from collecting, and the said Irvin from paying over to the said administrator the sum of One hundred and fifty dollarz until the matter can be heard in Equity upon a bill filled for that purpose- Now if the said James Leach and George Case or Either of them shall will and truly pay to the aforesaid Meridith Leach admr as afsd all such damagez and costs as the said admistrator may recover against the said James Leach in case his injunction shall be dissolved or discharged, then this obligation to be voin, Else to remain in full force & Virtue- Signed & ackd } in presence of } J. A. Turner Jr DCBCC George Case Seal ------------------------------ Date: Fri, 5 Jun 1998 20:44:56 -0400 From: "Smith, Elizabeth" Subject: KFY: James Leach vs. Meredith Leach & others - part 3 James Leach vs. Meredith Leach & others - part 3 from the files of Elizabeth Smith esmith@montgomery.k12.ky.us Pleas held at Danville in the county of Hendricks in the state of Indiana, before the Honorable James McClure sole Judge of the Hendricks Probate court in the state aforesaid, at the August Term of said court in the year Eighteen hundred & thirty nine To wit John Leach's Estate Be it remembered that on Monday the first day of the term aforesaid, towit on the 12th day of August 1839, before the honorable the Judge aforesaid, comes now Meredith Leach, administrator of said estate, and files two claims against said estate, One for thirty eight dayz services by him rendered as such administrator, for which he is allowed the sum of $38.00 also a bill of travelling -?- amounting to $16.87 1/2 which is allso allowed, Making together the sum of $54.87 1/2. And said administrator pays here into court the sum of fifty dollars in cash. Wherefore it is ordered that he receive a credit for the sum of $104.87 1/2 the amount of the two claims and cash above named. And afterwors, towit, on wednesday the third day of the term aforesaid, comes Mary Leach, widow of said deceased, And Elias Leach, Meredith Leach, Anderson Leach, and Peter Leach sons of said deceased and file the following petition towit. "State of Indiana Hendricks County ss The Hendricks Probate court August term 1839 The petition of Mary Leach widow of John Leach decd Anderson Leach, Peter Leach, Elias Leach, & Meredith Leach all of lawful age and citizens of Hendricks county and state aforesaid. Heirs and legatees of the estate of John Leach deceased would most respectfully represent unto your honor that the said John Leach departed this life intestate on the 9th day of October 1837, leaving your petitioners with William Leach's children, Marina Leach, Mary Ann Leach Magdaleon Leach, John M Leach, Elizabeth Leach, Nancy Leach and Margaret Leach. The said William Leach now being dead, Susannah Hines, widow of John Hines deceased, who has received her part and portion of said estate, Enas Leach, John Leach and James Leach, who have not Joined in this petition. Your petitioners would further state that Letters of administration were duly granted unto one Meredith Leach, and of the above petitioners according to Law, And such proceedingz have been had in said administration, that there is now at this time monies belonging to the heirs of the said John Leach deceased, amounting to $978.75 in the hands of the clerk of this Honorable court, not drawing any interest thereon whatever Wherefore your petitioners pray your Honor to Make division and partition of the same giving to your petitioners each their share and portion first to the widow her third, and then to each heir his portion according to law upon proof of their identity as heirs of said estate, upon thier giving bond with security to refund the same, if it shall become necessary so to do, all according to Law. And that a notice may be issued by this honorable court infavor of your petitioners against the said Meredith Leach Administrator of the said estate of John Leach, notifying heirs to appear in this Honorable court on the first day of their next term thereof to show if any he can why the said money shall not be distributed amongst the several heirs and legatees of the estate of the said John Leach deceased. And your petitioners will ever petition VC VC? August 14th 1839 Mary Leach widow Elias Leach } Meredith Leach } Petitioners Anderson Leach } Peter Leach } And now comes Meredith Leach administrator of said estate and waives the issuing and service of notice, and says he can not gainsay or deny, but that the heirs of the estate of the said John Leach are all and every of them correctly named and set forth in the aforesaid petition, and that all that is therein stated is true. And the said Meredith, Peter, Elias and Anderson Leach, are respectively examined under oath concerning advancementz made to them by said deceased. Whereby it appears that the said Meredith has received $40.73 3/4. And the said Peter One hundred dollars, and the said Elias One hundred dollars, And that the said Anderson has received nothing. And it appearing that there is now in the hands of the clerk of this court of Moneyz belonging to said estate the sum of $978.75 It is therefore Ordered that he pay over to the said Mary Leach widow as aforesaid the sum of Three Hundred dollars, part of her iistributive share of said estate, and to the said Anderson the sum of One Hundred dollars, which said sums are now here in open court paid accordingly. And further proceedingz herein are continued State of Indiana Hendricks County } I James M. Gregg clerk of the Probate court of said county do certify the foregoing record to be a true copy of original record and proceedingz had in the estate of John Leach deceased, at the August term of said court 1837 In testimony whereof I have thereunto set my hand and affixed the seal of said court at Danville this 28th day of August 1839 J. M. Gregg clk ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free genealogical information on the Internet, data may be freely used for personal research and by non-commercial entities as long as this message remains on all copied material. These electronic pages may not be reproduced in any format or presentation by other organizations or persons. 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