COURT: James Leach vs. Meredith Leach & others, 1837, Bath Co., Ky ********************************* USGENWEB NOTICE: In keeping with our policy of providing free genelaogical 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.Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or his legal representative and then contact the listed USGENWEB archivist with proof of this consent. 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. --------------------------------------- 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] ------------------------------ 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 ---------------------- 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 ------------------------ James Leach vs. Meredith Leach & others - part 4 from the files of Elizabeth Smith State of Indiana Hendricks County, ss Proceedings had before the Honorable Henry H. Marvin sole Judge of the Hendricks Probate Court in the administration of the Estate of John Leach's late of Hendricks County Ja.? [an abbreviation of some sort] deceased To wit Be it remembered that heretofore to wit on the thirteenth day of November AD. 1837 the same being the first day of the November Term of the Hendricks Probate Court in the year aforesaid in open Court before the Honorable Henry H. Marvin sole Judge thereof as aforesaid personally Comes now Meredith Leach son of John Leach late of the County of Hendricks deceased and proves to the satisfaction of the Court that the widow of the said deceased renoundes all her right to administer upon the Estate of the deceased and agrees that some suitable person be appointed to administer thereon. And the premises being considered the said Meredith Leach is now here appointed administrator of said Estate and the said Meredith now here files his bond with security which is approved by the Court: And is in the words and figures following to wit: Know all men by these presents that we Meredith Leach Wm. E. Groover & Nelson Trotter of the county of Hendricks in the State of Indiana are held and firmly bound unto the said State of Indiana in the sum of Two Thosand four hundred Dollars Lawful money of the United States for the payment of which well and truely to be made and done we bind ourselves our heirs Executors and Administrators Jointly and severally firmly by these presents sealed with our seals and date this the 13 day of November AD. 1837 The condition of the above obligation is that if the above bound Meredith Leach will truly and faithfully perform the duties and trusts committed to him and required of him as administrator of the estate of John Leach senior late of the County of Hendricks, deceased, according to Law then the above obligation is to be void and of none effect otherwise to be and remain in full force and virtue in Law Meredith Leach Seal William C. Groover Seal Nelson Trotter Seal And is duly sworn in open Court as such Administration according to Law An afterwards towit at the February Term of said Court in the year of our Lord one thousand Eight hundred and thirty Eight it being the 12th day of February in the Year last afesaid before the Judge aforesaid Now comes Meredith Leach Administrator of said Estate and produces now here in open Court a note Executed by P.S. Dicken? for a horse purchased at the sale of the personal property of the said deceased which said horse was unsound and sold without that fact having been made known and which said horse has since been returned by the said Dicken Ordered therefore that the said Administrator be forever enjoined from collecting the said note And that he expose said horse to sale again with a full expose of his deficiencies And it is further ordered that the said Administrator be credited with the amount of said note And the said Administrator also files now here in Court an Inventory of the personal property of said Estate amounting to Two hundred and fifty eight Dollars twenty six cents and a sale Bill of said property Amounting to Two hundred and fifty two Dollars and thirty one cents and a schedule of accounts and notes for Eleven hundred and twelve Dollars and forty three & three fourth cents which said Inventory Schedule and sale bill are ordered to be recorded And are as follows To wit: An Inventory of the goods chattles and effects of J. Leach senr. late of Hendricks County and State of Indiana, deceased taken by M. Leach Administrator of the Estate of the said deceased with the assistance of Wm. Leak and Wm Mongomery appraisers called for the purpose An Inventory of the goods chattles and effects of J. Leach senr. late of Hendricks County and State of Indian, deceased taken by M. Leach Administrator of the Estate of the said deceased with the assistance of Wm. Leak and Wm. Mongomery appraisers called for the purpose [Note: it appears that some misspelled words were underlined, probably to indicate that they were misspelled in the original inventory.] $ cts One Gray Horse 45.00 One pide Cow 12.00 one Calf of the same 2.50 one small waggon 40.00 one ox Cart 30.00 one oat stack 9.00 one Lot corn 18.00 one Lot corn _do_ 5.00 one bladestock .50 two pair of waggon Gears 8.00 one pair of Gears 1.50 one pair of Gears do 2.00 one mans saddle bridle and Blanket 5.00 one Spotted Hog 4.00 one Shovel plow device and Single tree 1.75 one Spade 0.62 1/2 one broad hoe 0.75 one Lock chain 1.12 1/2 one Grubing hoe .50 one sythe and corn knife .50 one Frow 1.00 one hand axe .75 two augers and gouge 1.50 two Bells 1.25 one Drawing knife and foot adds 1.50 one Iron wedge and curry combs 1.00 one sythe stake & three Horse shoes .50 one Cart whip .25 one Lot of Shoemakers tools 1.50 two choping exes 2.75 two sickles 0.75 one lot of _Flacks_ 1.50 one lot of cabbage .25 one lot Do .18 3/4 one Lot potatoes .75 one Lot do 1.50 two bucketts 1.00 one lot of _Castians_ 4.50 one lot of tirnups .75 one bed and bedding 45.00 one bed and bedding _do_ 20.00 one book case 20.00 one clock 10.00 one watch 12.50 one pair of saddle bags 5.50 one wheat sive and Coffe mill 1.25 one Flax Hackle 1.00 one pair of _shee_ shears .75 one Lot of Cupboard ware 9.00 one _Chirn_ .75 one fire shovel and pot trammel 2.00 one pair of fire dogs 2.00 one Lots of bottles 0.62 1/? one Lot of Books 6.00 one large Bible 5.00 one pair of packet Compasses Gimblet and horse fleens .62 1/2 one half bushel and two baskets .62 1/? one pair of lether lines 1.00 one horse whip 1.00 one pair of Stilliards 2.00 one shot Gun 1.50 two _smuthning_ Irons 1.25 one small Skillet .37 1/? one Flax wheal .50 two chairs .75 _________ 254.26 Given under our hands this 1st day of December 1837. William Montgomery } } appraisers William Leak } - -?- of notes on account To the above may be added J. Ervins note note to the said J Leach $ cts Executed on the 6th of February 1836. Due on the 1st of July 1837 630.00 Interest on the same-------------- G.B. Gilmeson note executed on 18th of March 1834 Due on the 18th of May 1835 600.00 Interest on the same M Cassity note executed September 22.00 the first 1836 J. Ervins note Executed on September 14.00 22nd 1836 Due on July first 1837 Interest on the same B. McCrosky note executed on May 20th 1837 30.00 Due on may 27th 1837 Intrest on the same 1.50 C. Davidson note executed on aprile 5.00 24th 1837 Due on the 10th of December 1837 Intrest on the same S. Chastain Duebill executed on the 1.93 3/4 19th of January 1837 Cash on hand 8.00 Meredith Leach admr ___________ 1112.43 3/4 Given _unur_ my hand this 1st day of December 1837 Meredith Leach administrator Personally appeared before me the undersigned an acting Justice of the peace in and for the County of Hendricks Ia, William Montgomery and William Leak and ware duly qualified as appraisers to the Estate of John Leach Deceased Given under my hand and seal This first day of December Eighteen hundred & thirty seven Archibald Alexander AJP ------------------------------ James Leach vs. Meredith Leach & others - part 5 from the files of Elizabeth Smith esmith@montgomery.k12.ky.us State of Indiana} Hendricks County} Personally appeared before the undersigned clerk of the probate Court Meridith Leach administrator of the Estate of John Leach Deceased and after being by me duly sworn says the above is a true Inventory of the personal Estate of of the said John Leach so far as the same has come to his hands to be administered and further sayeth not Meredith Leach subscribed and sworn to before me this 12th day of Decr AD 1837 S. T. Hadley Clerk [Note: it appears that some misspelled words were underlined, probably to indicate that they were misspelled in the sale bill.] Account of sales of the personal property of John Leach late of the county of hendricks and State of Indiana deceased at a public vendue? held at the late residence of the said _desedsed_ on the 8 of December 1837 One Gray horse Thomas Tolby 38.00 One Cow Bennet Cline 14.50 One Calf Bennet Cline 5.12 One small waggon James B. Rogers 40.00 One ox Cart Martin Flinn 16.25 One oat stack William E Groover 9.75 One stack of Blads Blir McCrosky 0.75 One Crib of Corn Sias Smalley 22.12 _too par_ Waggon gears James B. Roger 8.50 one _par_ Gears Susan Hines 1.12 One _par_ gears Anderson Leach 2.50 one saddle Bridle & Blanket Joseph Keeney 4.37 1/2 One Shovel Plow Susan Hines .50 one spade Elias Leach .95 ?/? one Brod _ho_ Elias Leach .50 One Log _chare_ William Tincher 1.75 One _Grub ho_ William Tincher .25 One _sithe_ Thomas Northcut .12 ?/? One Frow Elias Leach .87 1/2 One hand _ax_ Elias Leach .25 _on_ choping _ax_ William E. Groover 2.62 ?/? One _ax_ James Montgomery .18 ?/? 2 auger & goug_u_e Elias Leach .62 ?/? 1 small Bell William Fowler .25 1 Large Bell Susan Hines .25 1 Foot _ads_ Drawing knife James Rogers .8? ?/? curry _come_ and &ct Thomas Northcut .56 ?/? 1 _wege_ William Tincher .75 2 Rear? Hooks Benjamin R. Actsor? .31 1/4 1 Lot _shomake_ Tools James Tollen 2.56 ?/? 1 Lot cabbage Peter Leach .12 1/2 1 Lot potatoes Thomas Northcut .31 ?/? 1 Lot Peter Leach .50 2 bucketts Susan Hines .50 1 Oven & _teedKels_ Enos Leach 2.00 1 Pott & Skillet Peter Leach 1.37 1/2 1 Bed & _Bedding_ Peter Leach 12.00 1 Book Case _ Jesse Tomson_ 11.50 1 Clock Enos Leach 6.25 1 _Wach_ Elias Leach 8.00 1 _par_ saddle Bags Elias Leach 5.06 ?/? 1 _what_ sive Elias Leach 1.00 1 _par sheap_ shears James Jones 0.25 2 _coffey_ Plates & Picher Elias Leach 1.00 1 Roker? Susan Hines 0.32 1 Lot cupboard ware Elias Leach 4.06 ?/? 1 Lot cupboardware Peter Leach 4.12 1/2 1 Lot tin ware Elias Leach 00.31 1/4 1 Churn William Tincher 00.62 ?/? 1 Shovel W Tincher 00.50 1 tranel? Enos Leach 01.62 1 _Par Dog irons John Lambert 02.75 1 Lot of Bottles Enos Leach 00.50 1 Lot of Books Elias Leach 05.25 1 Gimblet Peunrs. James Tolen 01.43 1 half Bushel 2 Busils Peter Leach 00.50 1 Pair lether Lines William E Groover 01.00 1 _ho"s Blroofrs?_ Elias Leach 01.00 1 _Par Stilards_ Enos Leach 02.00 1 rifle Elias Leach 2.0 ___________ 252.01 James Brockman _Clark_ Meredith Leach admr _Personaly_ appeared before me the undersigned an -?- Justice of the peace in and for the County of Hendricks. Ia?, James Brockman who acted as Clerk at the Sale of John Leach Deceased and made oath that the within Bill is correct to the best of his Knowledge Given under my hand and seal this Eleventh day of December Eighteen hundred and Thirty seven Archibald Alexander JP And the said Administrator also files a receipt from Susan Hinds of her full portion of said Estate having been received in the life time of said deceased and afterwards to wit at the May Term of the Hendricks Probate Court begain and held at the Court house in the Town of Danville in the County of Hendericks aforesaid on the Fourteenth day of May in the year Eighteen hundred and thirty Eight by the Honorable Henry H. Marvin Judge as aforesaid Now comes Meredith Leach Administrator of the Estate of John Leach Sr deceased and files a receipt from Mary Leach the widow of said deceased for Sixty-three Dollars thirty one and a fourth cents worth of property at the appraised value also a report of the sale of an unsound horse agreeably to an order of this Court at the last Term thereof, to wit The undersigned administrator of the estate of John Leach Deceased Would report that in obedience to an order of this honorable Court made at the last February Term he did on the 5th day of February last sell to Elias Leach one unsound horse for the sum of twenty two Dollars & fifty cents and took his note with security therefor Due December the 8th 1838 which said horse was of the personal goods & chattles of said deceased May 14th 1838 Meredith Leach administrator with which said amount the administraton is now here charged and the said administraton now also files vouchers against said estate, which are examined by the court and allowed No from 1 to 13 both inclusive amounting to thirty eight dollars and eight & 1 furth cents ($38.08 1/4) which are placed to the credit of said Administrator. And afterwards, to wit, on the thirteenth day of August 1838 at a term of said court begun and held at the Court house aforesaid by the Judge aforesaid this cause was continued. And afterwards on the thirteenth day of November in the year last aforesaid, before the Judge aforesaid Now comes Meredith Leach Administrator of said estate and files vouchers No 1.2.3 & 4 amounting to the sum of $$23.14 and also pays into Court the sum of fifteen dollars in cash, making of vouchers and cash, the sum of $38.14 which said sum, it is ordered be placed to the credit of said administrator and further proceedingz herein are continued And afterwords on the fifteenth day of February in the year Eighteen hundred and thirty nine, at a term of said court held at the Court house aforesaid in the County of Hendricks by the Honorable Honorable Henry H Marvin Judge as aforesaid comes now Meredith Leach administrator of said estate and files and additonal Inventory in the words and figures following towit. An additional Inventory in the estate of John Leach now deceased, made and submitted by Meredith Leach sole administrator of said estate of Moneys that have came into his hands since the inventory heretofore by him made out and filed in the court, it being interest upon moneys belonging to the aforesaid estate &c (viz) To amount of money received by me belonging to teh estate of John Leach deceased. Interest on four notes $131.37 1/2 all of which is respectfully submitted and asked to be charged &c February 12 1837 M. Leach Admr Whereby it appears he has received the sum of $131.37 1/2 interest on Moneyz due said estate. Ordered that he be charged therewith. And the said administrator now files a bill charges for his services as such administrator amounting to one hundred and five dollars, which is examined and allowed by the court, And also files vouchers against said estate No from 1 to 7 both inclusive, amounting to Eighty five dollars and sixty sis cents which are received by the court and placed to the credit of said administrator. And said Administrator now payz here unto court the sum of nine hundred and thirteen dollars and seventy five cents in money all of which is placed to the credit of said administrator. And which being added to the claim of services and vouchers aforesaid makes the sum of $114.41 cts 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 to be a full true and complete copy of the record and proceedingz had in our said Court in the estate of John Leach senr. so far as the same has been administired In testemony whereof I have hereto set my hand and affixed the seal of said court at Danville this 1st day of June A D 1839 [Actual seal is affixed.] J.M. Gregg clerk This record 2600 words $3.25 certificate & seal .50 _____ $3.75 State of Indiana Hendricks County I Henry H Marvin sole Judge of the Probate Court of Hendricks county in the state of Indiana do certify that James M Gregg whose certificate is above is the clerk of of said court and that his certificate above is in due form of Law. and that the seal above attached is the seal addapted by said court Given under my hand and seal this 1st day of June 1839 Henry H Marvin seal ------------------------------ James Leach vs. Meredith Leach & others - part 6 from the files of Elizabeth Smith esmith@montgomery.k12.ky.us The Separate Answer of Meridith Leach Administrator of the estate of John Leach Deceased to a bill in chancery now depending in the Bath Circuit court exhibited against him & Isaac Ervin by James Leach. This respondant saves to him self the benefit of all leagal exceptions to the many errors untruthes and mistatements set forth in the Complainants bill for answer thereto or is much thereof as is material for him to answer. He answers and says that it is true that John Leach departed this life and this respondant was appointed his Administrator, as charged by the Compl. by the Probate Court of Hendrix County State of Indiana It is also true that the Complainant is one of the said John Leaches sons and legal heirs-- and this respondant admits that the compl. is entitled to one Eight part of his fathers Estate and has named all his brothers and sisters except Anderson Leach which the Compl. has forgot. This respondant states that their sister Susan Hines had before the death of John Leach received her full portion of her Fathers estate and has since his death executed a receipt to that effect which as been filed & recorded in the proper office showing that she has no claim on your respondant for any portion of the estate in his hands as Administrator of said estate: and therefore it will entitle the Complainant to one eighth part of the estate. This respondant states that his deceased Father died in the state of Indiana & County of Hendricks as charged in the Compl. bill and his mother and all the heirs of said John Leach live in said county of Hendricks & state of Indianna except the Compl. John Leach and the infant children of Wm Leach Deceased the latter resides in the County of Morgan and State of Kentucky as your respondant is informed and their names are as followeth to wit. Merena. Mary Ann. Magdaline Elizabeth. John Martin. Martha Jane & Nancy as well as now -?- attested, and it is strange the Compl. could state that they are unknown to him. This respondant has made a partial settlement with the Hendricks Probate Court Showing all that has came to this respondants hands as administrator also his different credits that he has paid out and his expenses transacting the business of said estate which is herefore to marked A. & prayed to be taken as part of this answer. This respondant would here set forth all and every particle of estate that has came to his hands as Administrator of said estate towit To amount of sale bill $ 252:31 1/4 " amount of notes accounts &c 1112:43 3/4 " amount for which an unsound horse was sold for 22:50 " amount of Interest collected by your respondant on the money due the estate 131:37 1/2 ____________ making in all the sum $1518:62 1/2 This respondant would further state that his credits paid out &c & money paid into court according to the Laws of the State of Indianna amounts to the sum of $1218.63 1/4 which will be seen by refference to the record here filed marked A and refered to by this respondant. This respondant charge that the $150 enjoined by the Compl is part & parcel of the amount charged to him in the item above of $1112.43 3/4 cents. This respondant charge that according to the Laws of the state of Indiana his mother who is the widdow of said John Leach Deceased is entitled to any portion of the personal property of her deceased husband to the amount of $100 at the appraisment and also one third part of the personal estate of her deceased husband after the payment of the debts and expenses &c of said estate. Your respondant states that his mother Mary Leach who was the widdow of said John Leach Decd did receive & retain to the amount of $63:31 1/4 cents of the property at the appraisement which will be shown by the copy of the record here filed and refered to as before stated. This respondant states that after deducting The expenses and payments made by this respondant as will be Shown by sd. record which amounts to $189.88 1/2 cents it leaves a ballance that would be subject to a distribution amongst the widdow & heirs of John Leach Deced of the Sum of $1328:74 cents. Deducting the widdows dower which is one third & amounts to the sum of $442:91 cents wihch will then leave in the hands of your respondant and the clerk of the Hendrix Probate Court the sum of $885:83 cents that should be devided & distrabuted amongst his Eight children to wit William Leaches heirs. Ennis Leach Peter Leach. John Leach. (the Compl) Anderson Leach. Elias Leach. (& your respondant.) Your respondant charge that the Complainant received of his father in the life time of said John Leach Deced the sum of $100. on the 28th day of September 1836 in part of his portion that was coming to him from his fathers estate which recipt is here refered to marked (B) and prayed to be taken as part of this answer which receipt was made executed and delivered to the said John Leach in his life time in the presence of this respondant which receipt this respondant found in the papers of his deceased father after his death.. This respondant further states that the said Peterter Leach and Elias Leach each received $100 each fromt he said John Leach Decd. as part of their portion and that John Leach also received the sum of $20 and this respondant admits that he received also the sum of $40:93 3/4 cents all of which This respondant charge should be brought into hotch potch and the other heirs should be made equil before a distrabution should take place. This respondant states that the Compl. and the other Children should account for what they had received it would only leave the sum of $445:78 cents that Should be equally -?- amongst the eight children. This respondant states that he has been put to much trouble and expence in the management & Settlement of the estate. he has had to ride from Hendrix County in Indiana to bath County Ky as often as three different times to attend expressly to the collection the money due the estate of his deceased Father a distance of not less that two hundred and fifty miles which costs him about forty five dollars per trip by way of expenses and one dollar per day for each day he devoted to the busines of the estate all would amount to about $45 a trip as before stated the expenses would amount to about $15 each time all of which has been settled and allowed to this respondant as will be seen from the record filed and before refered to. This respondant would further State that the expences of the clerk & other officers of Hendricks County Probate Court Indiana is yet unpaid in -?-ing recording Settlements & which amounts to about the Sum of $12 a statement of which in due time Shall be filed & when filed your respondant prays that the same shall be taken as part of this answer. This respondant charges that the other legal costs & expences of this respondant in winding? up and settling said estate and for making the present trip to Kentucky expenses &c will be at least $62.-- This respondant has been informed and believes that a certain Edward Wells of Bath County has a claim or a receipt executed by John Leach in his life time for $64.30 cents showing the same to be due to Michael Cloper. The receipt dated some time in the year 1832 as well as now recollected. Your respondant prays your honor to decree & order that amount with its interest to be left in his hands to protect him against that claim as he does now know whether the same will be collected or not. This respondant has refused to pay the same & he has been threatened with a suit. This respondant believes that the same has been settled but feels that he will be unable to show the same. This respondant admits that a certain Geo Case did demand $150 for the Compl. and offered to go Security for the Compl to refund the money: Yet this respondant Knew that there was not that sum coming to the Compl and the laws of the state of Indianna would not permit him to distrabut the money in that way the same being reserved by law to the Probate Court and this respondant so informed the said Case. The Compl. never did make any demand of your respondant in any manner whatever. This respondant denies all fraud on his part & having fully answered he prays to be hence dismissed with a draw for his costs. Trumbo PD Bath County Court This day came the within named Merdith Leach before me the subscribed Justice of the peace for said County and made oath that the facts set forth in the foregoing answer is true so far as related from his own Knowledge and as far as related fromthe Knowledge of thers he believes to be true. Given under my hand this 10th day of June 1839 Hugh Porter JPBC ------------------------------ James Leach vs. Meredith Leach & others - part 7 from the files of Elizabeth Smith esmith@montgomery.k12.ky.us The deposition of William Frame taken at the house of Joseph Bondurant in the county of montgomery and state of Kentucky on the 14 day of march 1840 agreably to the notes hereto annexed to be read as evidence on the part of the complainant in a suit in chancery now depending in the circuit court for the county of Bath Whereon James Leach is complainant and Meredith Leach and others defendants, the deponant being of lawful age and first duly sworn deponeth and saith= That some few day previous to John Leach's (the father of complainant) leaving this state he informed this deponent that he had given all his sons one hundred dollars each, that he intended to take his daughter with him and give her one hundred dollars worth of land near where he should settle and that at his death if there should be any thing belonging to his estate he wished it devided equally amongst all his-- children= and further this deponant saith not his William x Frame mark Also the deposition of Edmond Oakley taken at the same time and place to be read as evidence in the same suit he being sixty-six years of age and first duly sworn dponeth and saith= not long before John Leach Senior Moved from where Isac irvine now lives in conversation with him at his house he informed me he had give or would give all his sons one hundred dollars Each & that he would give his daughter Susan hines her part in land near where he intended Settling in Indianna q. by complainant what amount of money would defray the traveling expences of a man from near indianapolis to owingsville and to return Ansr. I think twenty dollars would be a sufficiency and further this deponant saith not-- E.. Oakly Seal Montgomery County to wit the foregoing depositions of William Fram and Edmand Oakley was this day taken subscribed and sworn to by the said William Frame and Edmend Oakley before the undersigned a Justice of the peace for said county at the time - -?- [smudged] and for the purpose stated in the caption thereof given under my hand this 14th day of march 1840 Joseph Bondurant J.P.M.C. Justices fee $1.50= } 2.50 Witnesses atendance $1= } ____ for 7 mile travel cost - } .56 ____ $3.06 --------------------------------------- Leach vs Leachs. This day this cause came in to be heard and the Court being advised of the premises, renderd the following Decree--Had the fact of want of jurisdiction been relied upon by the defendant, no relief could have been granted, but no such defence is made or relied upon either by the readings or argument. Wherefor it is decreed & ordered that the defendant Irvine pay to the Complainant $40.60 cents and the Injunction granted herin is made perpetual to that amount but it is dissolved as to the sesidue--This sum is in full satisfaction of the share of the Complainant in the estate of his decd father--It seems to the Court that the parties in this suit should each pay his own costs & they are hence dismissed without da-?- ---------------------------------------- [The following is the receipt that Meredith Leach found among his father's papers and which he entered as exhibit B. It is on a small scrap of paper.] Received of John Leach one hundred Dollars it being my equil part as a Legetee up to this date September 28th 1836 James A Leach