ESTATES: MOSES SKAGGS HEIRS, ESTATE CASE # 3871, GREEN CO., KY, 1836 Part3 Contributed for use in USGenWeb Archives by Lula (Hankins) Hunter hunter@pixie.com and Jemima Gee Morse morse@shentel.net ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Question by same: Are you or not acaquainted with Rachel, Lydia, Matilda, Gabriel, Ann, Marion, Mary, Lewis & Frank Henry and family, if so state what each of them are worth. Answer: I have known them for many years, Rachel I should think worth three hundred dollars; Lydia is worth six hundred; Matilda five hundred; Gabriel is worth four hundred; Ann is worth two hundred & fifty; Marion is worth one hundred and fifty; Mary is worth three hundred dollars; Lewis is worth three hundred and Frank-Henry is worth one hundred and fifty dollars. Question by Defendant: Were you acquainted with the farm and the value of renting per day at the time Jones took the same in possession. Answer: I think it was worth fifty or sixty dollars per year. Question by same: Was not a part of the farm leased out at the time Jones came into the possession of the same. Answer: It was. Question by same: How much more was the rent of the land worth at Jones death that it was at the time sd Jones took the same in possession Answer: I think it was double as much. Page 21 _____________________________________________________________________________ Question by same: What was the improvement of the farm worth by the labour sd Jones put on the same. Answer: I think sd Jones improved the farm to the amount of three Hundred dollars. Question by same: Was not the widow of Moses Skaggs Decd supported from the proceads of the farm & Neagroes before and after Jones came into the possession of the same. Answer: I believe the widow was supported from the proceads previous to Jones coming into the possession and I believe Jones supported her after he got into the possession of sd farm. Question by same: Did not the property above mentioned remain in the possession of the widow after Jones death, so long as she lived. Answer: I believe the Neagroes did. Question by same: Did you ever know the Widow to disposeth of the farm during her life. Answer: She lived and died there. Question by Complainants: do you or do you not know that although the Widow lived on the farm until her death, that the larger portion of it was rented out by the Administrators. Answer: I do. Question by same: Do you not know that Page 22 _____________________________________________________________________________ during the time Jones had the plantation in possion, that much of the valuable timbers or it was destroyed, and the land was worn and deteriorated by the cultivation of it. Answer: I think some of the valuable timber was destroyed and the land has been injured most has been always cultivated in corn and oats. Question by same: Do you or do you not know that before the death of the Widow, Cavin and Blevins leased the farm and some of the Negroes, to one Ratliff, and that they recvd one hundred & twenty five barrels of corn from him as the rent of sd Cavin. Answer: They did rent the land, and on the slaves to Ratliff. I understand that [Ratliff was to give them one half of corn and tobacco. myself & Archibald Ratliff made an estimate of lumber supposed there would be two hundred fifty barrels of corn and two thousand pounds of tobacco. [Words within brackets is marked thru] I can not say on what terms. Question: Have or not the lease of which you have spoken as being on the land when Jones took the possession it nearly expired. Answer: I do not know. And further he sayeth not. /s/ John Spratt Page 23 _____________________________________________________________________________ Also the deposition of Peter Despain taken at the same time and place and for the same purpose the deponent being of lawful age and and sworn deposeth & says. Question by complainant: Were you or not acquainted with Moses Skaggs and formerly of Green County Answer: I was, I lived with in the State of Virginia and came with him to this County. Question by same: Did he or not die in this county, did he or not have or ever have any children. Answer: He did die in this county many years ago. He never had any children. His father and mother died many years before Moses. He had however four sisters only towit, Susanah, Lydia Elizabeth and Nancy. Susanah married Richard Whit, Lydia married Matthias Harman, Elizabeth married John Hankins and Nancy married William Meridy. He also had the following brothers towit, James Henry, Richard, John, Jacob and Charles. Elizabeth, Susanah and Lydia with their husbands lived in Virginia, where I suppose their children are now living. Question by same: Did or not Moses Skaggs die before any of his sisters and before John Skaggs. Answer: I do not know when the sisters in Virginia died. Moses however died many years ago and before his sister Nancy Meridy and before John Skaggs. Page 24 _____________________________________________________________________________ Commonwealth of Kentucky to the sheriff of Green County Greeting you are hear by Commanded to summon James T Carter, John Mears, Charles Blevins, William Cavin, William Coakly, James Mears, Robert Scott, Susanah Quary, Thomas York and wife, Labin Ellis & wife, Rebecca Skaggs, Susanah Criswell, Edmond Whit, Adam Harman, Henry Harmon, Mathias Harman, Robert Beavers and wife, Moses Beavers & wife, Thomas Christian & wife, Archibald Malony & wife, John Mitchell & wife, John Howell & wife, Joseph Whit, Prathena Hankins, Lucy Hankins, Lydia Hankins, Joseph Hankins, Moses Hankins, James Mirady, John Mirady, Daniel Mirady, Mathias Mirady & William Mirady to appear before the judge of the Green Circuit Court at the Court house in Greensburg on the 1st day of our May term next to answer a bill in Chancery exhibited against them in our said Court by Aaron Lewis and Jeremiah Lewis and this you shall in no wise omit under the penalty of £100. and have them there this wit witness John Barret Clerk of our said Court at the Clerks office in Greensburg this 3rd day of March 1836 and 44th year of the Commonwealth. /s/ John Barret Page 25 _____________________________________________________________________________ Aaron & Jeramiah Lewis amends their Bill in the suit now pending in the Green Circuit Court of them against the Administrator heirs and Moses Skaggs deceased and others now pending in Chancery, these complainants state that they have been informed and and charges that the Brothers of the said Moses Skaggs as named and set forth by them in their said original Bill towit Henry Skaggs, Richard Skaggs Charles Skaggs, Jacob Skaggs & James Skaggs all died without lawful children as they believe. That the said James departed this life long since and after the death of the said Moses that each of the said brothers married and set forth in this Bill never was married but your rators have been informed and charges that each one of them had what is called natural children, at their death who are same of whom they have been informed set up claim to a part of the Estate of the said Moses Skaggs as the lawful children and heirs at law of the afsd deceased brothers of the said Moses desd. Page 26 _____________________________________________________________________________ They state that the names and residence of the natural children of the heirs at law (if there be any other than they have stated in Bill) of the heirs at law of the Brothers of the said Moses Skaggs deceased are all unknown to these complainants except William Skaggs who they are informed claims to be the son & heir of the afsd Jacob Skaggs deceased. These complainants state that the names of the heirs at law of the Widdow Elizabeth Skaggs & of the said Moses Skaggs deceased are also unknown to them. They state that she died many years since in the county of Green and that no person has ever administered on her estate. They make the unknown heirs at law of the Brothers of the said Moses Skaggs decd. towit Charles, Jacob, Henry, Richard and James Skaggs whose names are unknown to your orator except as before stated defendants to this and the original Bill they also make the unknown heirs at law of the Widow of the said Moses Skaggs deceased defendants. to this & their original Bill, They also make the said William Skaggs a deft. to sd Bill and pray that they may be compeled to appear and answer all the allegations of said Bills, and that your Honor grant unto your orators all such relief as they have asked for in their original Bill and they as in duty bound will ever pray &c. Page 27 _____________________________________________________________________________ This day personally appeared before me a Justice of the peace in and for the County of Green and State of Kentucky. The within named Aaron and Jeramiah Lewis and made oaths that the surities of the Heirs at law of Henry Skaggs, Charles Skaggs, Richard Skaggs, Jacob Skaggs and James Skaggs deceased brothers of Moses Skaggs deceased if there are others than these named and aledged in their original & amended Bill filed in this cause. Also the names of the heirs at law of Elizabeth Skaggs deceased the Widdow of the said Moses Skaggs deceased are all unknown to them except so far as their names are set forth in their original & amended Bill. Given under my hand this 1st day of September 1837. /s/ Alexandr. McCandless J.P.GC Page 28 _____________________________________________________________________________ I, J. H. Caulfield, printer and publisher, of the "Kentucky Register," a public authorised newspaper, published in Elizabethtown, Ky., do certify, that, the annexed order of publication in Chancery, wherein Jeremiah Lewis and Aaron Lewis are complainants against the heirs of Moses Skaggs deceased-- -----defendants has been published in said paper for two calendar months, by successive weekly insertions, commencing on the 2nd day of April last and ending on the 2nd day of June 1836. Given under my hand this 2nd day of June 1836. J. H. Caulfield Proprietor, Printer & Publisher of "Ky. Register." Printer's fee $5.00 ----------------------------------------------------------------------------- ADVERTISEMENTS Green Circuit court, Feb. term, 1836 Jeremiah Lewis and Aaron Lewis, complainants, against the heirs of Moses Skeggs, dec'd, defts.---In Chancery: This day came the complainants and filed their bill, and it appearing to the satisfaction of the court, that the defendants James Meredeth, John Meredeth, Daniel Meredeth, Matthew Meredeth, Wm. Meredeth, Susanna Quary and Wm. Quary her husband, Thomas York and wife, Laban Ellis and wife, Rebecca Skaggs, Susanna Criswell, Edw. Whit, Adam Harman, Henry Harman, Matthias Harman, Robert Beavers and wife, Moses Beavers and wife, Thomas Christian and wife, Josiah Whit and wife, Archibald Maloney and wife, John Mitchell and wife, Joseph Howell and wife, Parthena Hankins, Lucy Hankins, Lydia Hankins, Joseph Hankins, and Moses Hankins, are not inhabitants of this commonwealth, and they not having answered the complainants bill a greeably to law and the rules of this court. it is ordered that unless the aforesaid nonresidents do answer the same on or before the first day of the next term of this court, the same will be taken as confessed against them. A Copy test, John Barret, Cl'k. April 2---- Charles Blevins and Wm. Cavin} vs. Jeremiah Lewis & Aaron Lewis } In Chny. The respondents separately came & defend to and not admitting, but protesting against & denying the allegations of the bill of the Complts. for answer thereto separately say, that the afsd. bill and the matters and things therein containd. are not good & sufficient in law, for him to have & maintain his sd. bill; and each one says, that he is not bound by the law of the land further to answer thereto; and this they are ready to verify &C. /s/ Buckner for Deft. Page 29 _____________________________________________________________________________ Messrs. Jeremiah Lewis & Aaron Lewis Take Notice that on the 1st Monday in February next we shall take the depositions of Elias Barbee & others at the house of William Sympson Esqr. in Green County to be read as evidence in the suit in Chancery defending in the Green Circuit Court in which you are Complts. & we are Defts. & we shall continue from day to day till they be completed. 16th Jany 1837 /s/ Wm Cavins /s/ Charles Blevins Page 30 _____________________________________________________________________________ The deposition of Elias Barbee taken at the House of William Sympson in the County of Green and State of Kentucky on the 6th day of February 1837 agreebly To the notice hereto annexed to be heard as evidence on the part of the defendants in a suit in Chancery now Depending in the Circuit Court for the County of Green where in Jeramiah Lewis and Aaron Lewis is Complainants and William Cavin and Charles Blevins Defendants the deponant being of lawful age and first duly sworn deposeth and saith Question by deponants: Are you are you not acquainted towitt the lands of Moses Skaggs decd. where on William Jones decd. formerly lived. Answer: I am. Question by same: Is the land increased in value by the improvement made by said Jones. Answer: I want to presume that its value had been increased but to what extent I am not able to say. Question by same: Was you or was you not acquainted with Moses Skaggs decd. in his life time. Answer: I was. Page 31 _____________________________________________________________________________ 2nd question by same: Was you or was you not acquainted with the Brothers & Sisters of sd. Skaggs & if so how many of them. Answer: I was. I was not acquainted with his sisters if he had any. Those of his Brothers who claimed to be such was Henry Skaggs, Charles Skaggs, John Skaggs, Richd. Skaggs & Jacob Skagg. Question by same: Do you or do you not recollect how long since the death of Moses Skeaggs. Answer. I do not recollect but suppose about forty years. Question by same: Do you know if any of his Brothers are living. Answer: I do not. Question by same: Do you or do you not know wheather any of said Brothers left issue. Answer: I believe a majority did. Question by Compls: Do you or do you not know whether Jacob Skaggs left any lawfull issue. Answer: I have allways understood he did not. Page 32 _____________________________________________________________________________ Question by same: Do you or do you not know wheather the other Brothers of Moses Skaggs decd. left lawfull issue or not. Answer: I had never learned but what he were lawfully married to the woman by which they had issue. And farther this deponant sayith not. /s/ Elias Barbee Also the deposition of Thornton Buckner taken at the same place & at the same time for the purpose mentioned in the foregoing caption. Question by defendants: Are you or are you not acquainted with the lands of Moses Skaggs decd whereon WilliamJones Decd formerly lived & if so state the increased value of said land by the improvements made by said Jones. Answer: I am acquainted with it. It is increased in value but to what amount I can not say. & furthermore this deponant saith not. /s/ Thornton Buckner Page 33 _____________________________________________________________________________ This day personally appeared before me a justice of the Peace in and for the County of Green and State of Kentucky, Aaron & Jeremiah Lewis of the same county and State and made oath that there is a suit in Chancery now pending in the Green Circuit Court, wherein they are Complainants and Charles Blevins, William Caven and others are defendants, and that in sd suit, Moses Hankins, Joseph White, Matthias Harman, James Harman, Joseph Hankins, Bird Lockhart, Abel Hankins, William White, John White, James White, and Shadrack White, all of whom live in the State of Virginia are informant witnesses for them and that they know of no previous other persons by whom they can prove the same facts. Given under my hand and seal as justice aforesaid this 18th of July 1836. /s/ Wm. B Allen J.P. S.C. Page 34 _____________________________________________________________________________ also the depposition of Daniel Turner taken at the same time & place & for the same purpose in the foregoing caption named. Question by defendants: Do you or do you not know the negro woman Matilda & her Children formerly in the possession of William Cavin & how long William Cavin had them in possession. Answer: I knew her & her three children the time sd. Cavin had her & her children in possession was about twelve months. Question by same: Do you or do you not know that the children was sick with the flux some five or six weeks. Answer: I believe they were sick but I do not know how long I suppose that length of time. Question by same: Do you or do you not believe that from the sickness of said Negroes that they were of considerable expense to Cavin over & above the labor performed by them. Answer: I think the labor performed by them would compensate said Cavin for keeping them. Page 35 _____________________________________________________________________________