Heirs of Aaron McMonigal
Estill Circuit Court
Court of Equity
Filed May 13, 1845

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Contributed to the Estill Co., KY Archives by:
Jen Bawden
Originally published in the ECHGS Newsletter.  Submitted by Ed Puckett.
Used with their permission
Date: 05/16/1999
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To the Honorable Judge of the Estill Circuit Court in Chancery Setting,
humbly complaining shewith unto your Honor, your orator Andrew D. Campbell,
executor of the last Will and TestaRent of Aaron McMonigal, deceased,
that the said Aaron McMonigal departed this life after having first
made and published his last will and testament, which was admitted to
record in the clerk's office of Estill County, which is or a copy thereof
referred to and herewith filed Marked (A) and pray to be taken as part
hereof- Your orator also qualified as executor of said testator in the
Estill County Court  and  took  out  probate  which  is herewith filed
marked (B).

Your orator charges that amongst other things contained in the testator's
will, he set apart a portion of his land and various kinds of stock which
he was then possessed of, and for the use and benefit, support and raising
the testator's family, and which land and personal property and some slaves
were to be under and subject to the control of your orator until his
youngest child Aaron McMonigal Jr., became of aye and the land so set apart,
was then to go to his other children, and the personal property so left on
the  farm  or  the  proceeds  thereof, together with all Monies be equally
divided among the  said  testator's four daughters, Sarah Jane Daniel,
Rebecca Ann  McMonigal,  Paulina M. McMonigal and Nary Davis McMonigal.

Your orator charges that according to the directions in said will, the land
and slaves and the personal property therein named twit: twenty  (20) head
of hogs, twenty (20) head of sheep, four  (4) choice Milk cows, the best
yoke of oxen on the place and two young bay Mares, and also a sufficient
quantity of the then crop and provision there on hand- were set apart for
the use and benefit, support and raising said testator's family, also the
household and kitchen furniture the testator then had, was according to
the will to be set apart  for  like use and benefit of his said children.

Your orator charges since the death of said testator, Mary and Paulina
McMonigal have intermarried, Mary with Harrison Moore and Pauline with
Morton P. Moore, and so there is but two of said children remaining on
said land, which is Rebecca Ann and Aaron Jr., and your orator charges
that the land, slaves and other personal property and the increase from
the stock on the farm renders greatly more than support to said two
children. Your orator further charges that over and above an ample support
for said family the said Rebecca Ann McMonigal without any right or
equitable, has from time to time sold and disposed of for her own separate
use and benefit about twenty-four fat hogs worth $30.00 eight head of
cattle worth $40.00 and about fifty barrels of corn worth $50.00. He also
charges that said Rebecca Ann sold other property belonging to him as
executor, being the increase of said farm stock to the amount of $150.00

Your orator charges that Rebecca Ann refuses to pay or account to your
orator for the same and denies his title or right over the land or personal
property. Your orator charges that her conduct is unjust and contrary to
Equity and in violation of said will.

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