ESTATES: MOSES SKAGGS HEIRS, ESTATE CASE # 3871, GREEN CO., KY, 1836 Part 4 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 *********************************************************************** & Father the deponant saith not. /s/ Daniel Turner Also the depposition of Elia McCallum taken at the same time & place & for the same purpose mentioned in the foregoing caption. Question by defendants: Do you or do you not believe that the boarding & clothing of the negro woman Lydia & her three children was not worth as much while in the employ of Charles Blevins as the labor performed by them. Answer: I should suppose there labour not worth more & farther this deponant saith not. /s/ Eli McCollum The foregoing depositions of Elias Barbee, Thornton Buckner, Daniel Turner & Elis McCallum was taken sworn to & subscribed by the said Elias Barbee before the under signed a Justice of the Peace for the said County of Green at the time & place & for the purpose stated in the foregoing Caption given under my hand this 6th day of February 1837. /s/ William Sympson J.P.S.C. Justices fee $1.00 Witness attendance Elias Barbee .50 Page 36 _____________________________________________________________________________ The first answer of Charles Blevins and William Cavins to a bill in Chancery exhibited against them and others, in the Green Circuit Court, by Jeremiah Lewis and Aaron Lewis. These defendants saving and reserving to them selves all right of exception to the many imperfections and erroneous statements in said bill contained for answer thereto, say that Moses Skaggs did die as they have been informed, in Green County between forty and fifty years since leaving his widow Elizabeth; but no child, so far as they have any information. For many years after his death no one administered on his estate. But one Wm. Jones did, after a long time, became her admrs. as they have been informed, and this respondent Blevins was to her, recollects right one of sd. Jones' sureties. This respondent Blevins is not informed as to the manner in which Jones discharged his duty as admr, nor does he know what amt. of property belonging to his intestate's estate corner to his lands, Jones' administered some years before the death of his intestate's widow. This repondant Blevins supposes that sd. widow disposed of a part of the property left by her husband & that almost all of the perishable property had been disposed of by the ravages of time, thirty odd years having elapsed from the death of sd. Moses untill administration granted to Jones, Moses Skaggs died leaving no slave except Rachael a child & a negro that has since died without any child except the afrsd Rachael who was Winney's daughter. This respondent Blevins does not know that any of the allegations of the bill or to the administration of sd. Jones are true, he is satisfied Page 37 _____________________________________________________________________________ that most of them are false. He therefore calls on Complts. and demands full proof of all of them, not admitting any of them. After the death of Jones these respondents became the administrators of the goods chattels & of sd. Moses, so for as they had not already been administered. Wm. Coakley, James Mears & Robt. Scott became their Sureties. They returned a full and complete inventory of all the property which came to their hands as adminr. & by mistake they included in it, property to the amt. of about $44, which belonged to one Archibald Ratliff, to wit two beds & the furniture belonging thereto & the bed steads, __?__ head of cattle, six sheep, one loom, and one table, one pail, one kettle, oven lid & cup and furniture. They were in the house of the widow (Elizabeth) and these respondents thought that they were of the property of the estate of sd. Moses, but said Ratliff claimed them & proved them to belong to him, and took them. They never were included in the possession of these respondents as admrs. for the widow had them in possession at the time that they placed them in their inventory. As to Rachael these respondents admit that she was sold by the widow of sd. Moses, but these repondents consented to & completed the sale, for her benefit. She was entitled to dower which had part in her husbands estate as they believe, been assigned to her, and as she was in need of some thing upon which to support her; and as there was nothing else except a slave that could have Page 38 _____________________________________________________________________________ been disposed of for the purpose, Rachael was selected for sale. Rachael was a weakly sickly woman and is now perhaps about fifty years of age, and not worth $700 or near it. Then respondents did not apply the money arising from the sale to their own use. It was applied as far as collected to the support of the widow, except one note of $100, on Peggy Skaggs, $82 of which is due & unpaid. No children have been born belonging to estate since your respondents administered Rachael's hire estimate worth $50 per year nor near that sum. The other slaves used by these repondents as adminrs. are two negro women, to wit Lydia about 28 or 30 years of age, Matilda about 26 or 28 years of age the others are children of those two women. The labor of the afrsd women with the children are not worth their board & clothing, and they claim a compensation for having supported & cloathed them. They deny that they have received any money belonging to sd. estate or which came to their hands as admrs. unless they be chargeable with the price of Rachael which was $200 on a credit. They have rented out the land left by decd Moses part year . While the widow lived she used such parts of it as she wanted & these respondents rented out the other & recd. a part of the rents; but it all amounts to a small sum Page 39 _____________________________________________________________________________ of all which they have collected about $21 and 50 cts; but they have not collected a cent that was due to sd. Moses nor of that due to Jones as his admr. They deny that as admrs. are liable for rent recd. or for the land in any way. As to sd. Moses having left four sisters and a brother named John these despondents know not; nor do they know if he did leave such sisters and a brother as are pointed out in bill of the Complainant whether they be alive or dead, & if dead who their heirs are, nor do they know any thing of any purchase made by Compts. of the heirs of such persons. They therefore call for full proof on all those points and as to every allegation of Compt. relating to herewith & pending. These repondents have been informed that sd. Moses left Henry Skaggs, Richd. Skaggs, Charles Skaggs, James Skaggs and Jacob Skaggs, his brothers. It is not true that sd. brothers died without issue. These respondents deny that the complainants ever made any application for a settlement of their accounts as administrators, of the estate of said Moses Skaggs decd -- the statement is not true. These defendants insist that the Complts. are not entitled to the relief prayed for in relation to the various points & matters set forth in their bill. The Deft. Blevins says that Jones Page 40 _____________________________________________________________________________ the Admr. of sd. Moses Skaggs decd. and that admr. of his estate to Hiram Roberts & Wm. Cavin, and that the sd. Admr. entered into bond as required by law with several sureties. They refer to the order granting sd. administration & the bond executed copies of which property certified are referd. to as part hereof. They rely upon lapse of time among other matters to Complts. demand and being now fully pray to be since dismissed with their costs &c. /s/ C Blevins /s/ W Cavin /s/ Willy Buckner for Defts. Page 41 _____________________________________________________________________________ Virginia, Tazewell Count, to wit: In pursuance of a Commission issued from the Circuit Court of Green County, Kentucky & a notice regularly served we William Cox & William Gillespie two Acting Justices of the peace for the said County of Tazewell & state of Virginia have on this 27th day of July 1836 at the said Court house of Tazewell County caused Moses Hankins, Joseph White, Mathias Harman, Bird Lockhart, Joseph Hankins, Abel Hankins, William White, James White & John White to come before us to give evidence in a certain matter of controversy depending in Chancery in the current court in Green County, Kentucky wherein Jeramiah & Aaron Lewis are complainants and Charles Blevins & others defendants. Moses Hankins being duly sworn on the Holy evangelist of Almighty God and of Lawful age deposeth and sayeth. That he had seen & knew Moses Scaggs when deponent was a small boy. Scaggs then lived in what was then Washington County but now the west end of Tazewell. That Moses Scaggs, as deponent understands moved to Green County, Kentucky about the year 1790 or 1791 and that he understands Scaggs died there about thirty years ago. And that according to deponents infomation Scaggs had brothers & sisters living at his death whose names are as follows, John, Henry, Richard, Jacob, Charles, Susannah, Lydia, Elizabeth & Nancy. Question by plaintiff: Do you know who these several sisters married. Answer: Susannah married agreeably to the best information. Richard Whitt and that it was the common report of the country that they were man & wife & lived together. Nancy married William Meredy as deponent understands. Lydia married Mathias Harman and Elizabeth married John Hankins according to information. The deponent being too young at the time the above marriages took place to be Page 42 _____________________________________________________________________________ fully acquainted with the circumstances, is the reason why he does not state more positively as to the circumstances attemding them, but, he verily believes that the above named sisters of Moses Scaggs now lawfully married as deponent know. They lived with the several persons named as their husbands. This deponent knows that Richard Whitt and Susanah his wife formerly Susannah Scaggs, John Hankins and Elizabeth his wife, formerly Elizabeth Scaggs, Mathias Harman & Lydia his wife formerly Lydia Scaggs are all now dead. Another (deponent) does not know whether William Meriday & wife are living or not. This deponent understands & believes that John Scaggs is also dead. The children of John Scaggs as this deponent understands & believes are Susan the wife of William Querry. There were one or two other children whose names deponent has forgotten. The children of John Hankins are Mary the wife of Joseph White, Rachel the wife of Archibald Maloney, Lucy Hankins, Rebecca the wife of John Howell, Sally the wife of John Mitchell, Lydia Hankins, Parthena Hankins, Joseph Hankins, Moses Hankins. The children of Mathia Harman & Lydia his wife are Henry Harman, Adam Harman, Mathias Harman, Katy the wife of Robert Beavers, Phebe the wife of Moses Beavers. The children of Richard Whitt and Susannah his wife are Hezekiah Whitt, Edmond Whitt, Richard Whitt. Susannah Creswell the wife of Henry Creswell, William Meridy and Nancy his wife had five children when they left this country but deponent does not know whether they are living or not. The foregoing are all the heirs now living of by the persons named above. Moses Scaggs never had any children as far as deponent knows, and further this deponent sayith not. /s/ Moses (x) Hankins (his mark) Mathias Harman being duly sworn & of lawful age deposeth as followeth. That the children of Mathias Harman Lydia his wife, John Hankins Elizabeth his wife, Richard Whitt & Susannah has as stated by Page 43 _____________________________________________________________________________ Moses Hankins are stated truly in number & names according to the best of deponents knowledge & belief and deponent also has reason to believe that the review of Moses Hankins deposition is true and further he sayeth not. /s/ Mathias Harman Bird Lockhart being sworn & of lawful age sayeth that this deponent has been acquainted with Mathia Harman & Lydia his wife and John Hankins & Elizabeth his wife for about twenty years previous to their deaths & with their children & believe the statements made by Moses Hankins in his deposition in relation to them correct & true and that the children above covered were always acknowledged & claimed by Lydia Harman & Elizabeth Hankins as their true & lawful children and further this deponent sayeth not. /s/ Bird Lockhart Joseph Hankins being sworn & lawful age sayeth that the statements contained in the depositions of Moses Hankins are correct & true in every particular to the best of his knowledge, and further this deponent sayeth not. /s/ Joseph (x) Hankins (his mark) Joseph White being sworn & of lawful age sayeth that this deponent knows about the same as stated in the depositions of Mathias Harman and further this deponent sayeth not. /s/ Joseph White John White being sworn & of lawful age sayeth that the deposition of Bird Lockhart is correct then & further this deponent sayeth not. /s/ John White James White being sworn & of lawful age sayeth that the deposition of Bird Lockhart and those of the other deponents above named so far as he (this deponent) is acquainted with the families of Mathias Harman & Lydia his wife, John Hankins & Elizabeth his wife he (deponent) knows to be true, and further deponent sayeth not. /s/ John White Page 44 _____________________________________________________________________________ State of Virginia, Tazewell County to wit We William Gillespie and William Cox acting Justices of the Peace for the said County and State and authorized by this Court thereof to take depositions do hereby certify that the foregoing depositions were legally taken & sworn to & subscribed before us at Tazewell Court house on the 29th day of July 1836. Given under our hands this 29th July 1836. /s/ William Gillespie /s/ William Cox J.P Each of the deponents claims one days attendance amounting to $3.71 in all. State of Virginia: Tazewell County to wit: I John Crockett Clerk of the County Court of Tazewell County do hereby certify that William Gillespie and William Cox whose names are above subscribed are acting Justices of the Peace for the county aforesaid and that full faith & credit are to their official acts and that the signature above purporting to be theirs are genuine. Given under my hand and private Seal (there being no Seal of Office) this 29 day of July 1836. [SEAL] /s/ John Crockett C.C.T. (seal) by GWG Browne D.C. I Henry Bowen, presiding Justice of the County Court of Tazewell do hereby certify that John Crockett above named as Clerk of said Court and that full faith & credit are due to his Official Acts. Given under my hand and seal this 29th day of July 1836. /s/ H Bowen P.J. (seal) Page 45 _____________________________________________________________________________ Septr 22, 1835 Know all men by these presents We the heirs of John and Elizabeth Hankins she being sister to Moses Skaggs Deceased do grant bargain and sell to Jeremiah and Aron Lewis of Kentucky all our right and claim if any We have to all his real & personal Estate of Moses Skaggs Deceased for the sum of ten dollars to Each heir paid Current Money Virginia as witness Our hands and seals the day and date above written. /s/ Archible (x) Malony (his mark) (seal) /s/ Moses (x) Hankins (his mark) (seal) /s/ John (x) Mitchell (his mark) (seal)/s/ Joseph (x) Hankins (his mark) (seal) /s/ John (x) Howell (his mark) (seal) /s/ Joseph White (his mark) (seal) /s/ Lucy (x) Hankins (her mark) (seal) /s/ Lydia (x) Hankins (her mark) (seal) /s/ Parthenia (x) Hankins (her mark) (seal) Tazewell County to wit Virginia State This day Joseph White and Able Hankins made oath before me A justice for said Cty those whose Page 46 _____________________________________________________________________________ names are annexed to the with obligation are the legal heirs of John and Elizabeth Hankins decd. Given under my hand this 23rd of September 1835. /s/ Bird Lockhart, J.P. A true copy Attest the original of which was withdrawn by Paschal D Craddock by order of Court. September 19th 1835 Know all men by ese presents We the heirs of Mathia Harman and Liddy his wife She being the sister of Moses Skaggs Decd. do grant Bargain and Sell to Jeremiah and Aron Lewis of Kentucky all our right and claim if any we have to all the real & personal estate of Moses Skaggs Decd. for the consideration of Twenty dollars Current Money of Virginia as witness our hands and seals the day and date above written. /s/ Adam Harman (seal) /s/ Moses Beavers (seal) /s/ Robert Beavers (seal) /s/ Henry Harman (seal) /s/ Mathias Harman (seal) /s/ Thomas Christian (seal) Attest: John Maxwell James Maxwell Tazewell County wit State of Virginia This day Moses Hankins and Joseph White made oath before me A justice of the peace for sd. Cty that Adam Harman and Henry Harman and Mathia Harman are the legal heirs of Mathias and Lidda Page 47 _____________________________________________________________________________ Harman and that Thomas Christian Robert Beavers and Moses Beavers was married to the daughters of sd Mathias and Lidda Harman given under my hand this 23rd of September 1835. /s/ Bird Lockhart A true copy Attest the original of which was withdrawn by Paschal D Craddock by order of court. Septr 22nd 1835 Virginia Tazewell County. To now all men by these presents that I William & Susana Quary the heirs of John Skaggs Dec'd the Brother of Moses Skaggs Decd. do Grant Bargain and sell all our right title and claim if any to all the real and personal Estate of Moses Skaggs Deceased to Jeremiah and Aron Lewis of Kentucky for the sum of ten Dollars in hand paid to each Virginia Current Money. Given under our hands and seals Day and date above written. /s/ Wm Quarey (seal) Witness Presant A true copy attest the original of which was withdrawn by Paschal D Cradock by order of Court. September 19th 1835 Know all men by these presents that we the heirs of Richard Whitt and Susannah his wife she being the sister of Moses Skaggs Decd. do grant bargain and sell to Jeremiah and Aron Lewis of Kentucky all our right and claims if any We have to all the real and personal Estate of Moses Skaggs Decd. for the consideration of ten dollars to each one of the heirs of sd. Richard Whitt Decd. Page 48 _____________________________________________________________________________ as Witness our hands and seals the day and date above written. /s/ Hezekiah Whitt /s/ Susanah (x) Criswell (her mark) /s/ Edmand Whitt State of Virginia Tazewell County to wit. This day Moses Hankins and Joseph White made oath before the under signed A justice of the Peace for sd Cty that Hezekiah Whitt and Susanah Criswell are the legal heirs of Richard and Susanah Whitt decd. Given undr my hand this 23rd of September 1835. /s/ Bird Lockhart J.P. A true copy attest the original of which was withdrawn by Paschal D Craddock by order of Court. /s/ A. H. Edward, D.C. Page 49 _____________________________________________________________________________ The Commonwealth of Kentucky To any Two Justices of the Peace of the County of Taswell in the state of Virginia Greeting: Know Ye that We trusting to your fidelity and provident circumspection in diligently taking the depositions of Moses Hankins, Mathias Harmon, Burd Lockhart, Joseph Hankins, John White and in taking the depositions of Thomas Whitten, William Cecil, Hezekiah Harmon, James Cecil, Ebenezer Bruster & Hezekiah Whitt; as well on the part of Aaron & Jeremiah Lewis Complainants as Moses Skaggs Admrs. and heirs Defendants, in a certain suit in Chancery now depending in the Green Circuit. We command you that at such time and place as the parties may direct you cause the Witnesses aforesaid to come before you, and their Depositions on oath take, and send and certify to our Circuit Court aforesaid at the Courthouse in Greenburg on the 1st day of Decr. Term next enclosed together with this writ of Witness John Barret Clerk of our said Court at the Clerks office in Greensburg this 16th day of October A.D. 1837 and in the 46th year of the Commonwealth. /s/ John Barret, CSC Page 50 _____________________________________________________________________________