McQueen vs. McQueen (Related Families Included)

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Contributed to the Estill Co., KY Archives by:
Jen Bawden
Originally published in the ECHGS Newsletter & used with their permission
Date: 05/16/1999
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Nancy McQueen, John McQueen, Thomas McQueen, John McQueen, Jr., 
John Hemibree, Polly Hemibree, Aaron Parris, Sally Parris, 
James Moore, William Moore, James Bales, Anna Bales, John 
Persell, Edith Persell, and Samuel McQueen, by his next friend, 
Nancy McQueen, Plaintiffs

vs.

William McQueen, Daniel Hoover, and William M. Fulkerson, Defendants

Petition filed October 15, 1857

The plaintiffs state that one John McQueen, Sr., departed this
life intestate on the 14 day of February 1855, in the county of
Estill and left the plaintiffs and the defendants William
McQueen and Daniel Hoover his children, heirs, and legal
representatives. The plaintiff state that the plaintiffs Nancy
McQueen, John McQueen, Thomas McQueen, Polly Hemibree, Sally
Parris, Anna Bates, Edith Persell and the defendants William
McQueen and Daniel Hoover's wife are the children of said John
McQueen, Sr., deceased, that the plaintiff Sally Parris married
the said Aaron Parris, the plaintiff Anna Bates married the
said James Bates, the plaintiff Edith Persell married the said
John Persell and the plaintiff Samuel McQueen is an infant son
of Betsy McQueen, a duaghter of John McQueen, Sr., deceased and
therefore he sues by his next firend, Nancy McQueen, and the
plaintiff John McQueen, Jr., is also a son of the said Betsy
McQueen, deceased. The plaintiff James and William Moore are
the sons of Ibba Moore who married James Moore, Sr., and said
Ibba was a daughter of said John McQueen, Sr., deceased, and
she is dead. The plaintiffs further state that the said John
McQueen, Sr., deceased, was a Revolutionary soldier and as such
he made an application in his life time to the Pension
Department for a pension for his service in the Revolutionary
War, and said pension was allowed.

Since the death of said John McQueen, Sr., the defendants
William M. Fulkerson, William McQueen, and Daniel Hoover,
received the sum of $679.95 the pension aforesaid, which
sum was and still is coming to the plaintiffs as children and
greandchildren of said decedent, that they are at least
entitled to one-child's part of said pension money. They state
that the defendant McQueen was appointed and qualified as an
Administrator of said decedent by the Estill County Court, and
as such he assumed the right to receive a portion of said
pension, and refused to pay it over to the plaintiffs, but the
most of said sum is retained by the defendant Fulkerson without
right. They deny the right of said McQueen to receive any of
said pension money unless it was his part as one of the
children of his father John McQueen, Sr., deceased, and they
counteract the fact that Fulkerson had any right to pay the
same over to said McQueen.  They state that the defendant
Daniel Hoover also received from Fulkerson or McQueen a portion
of said pension money, which he was not entitled to. They state
that they have received no part of said sum of $679.95, but
that the defendants have applied the same to their own use and
refused to pay any part of it to the plaintiffs.

Wherefore they pray and request for their part of the above
named $679.95 and for all other proper relief in the promises,
etc.

Benjamin F. Rice & John M. Price, Attorneys for plaintiffs.

State of Kentucky, Estill County
Aaron Parris says that he believes the statements of the
foregoing petition are trew. Sworn to before me by Aaron Parris
this 15th day of October 1857.

Robert Fluty, Estill County Clerk

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