ESTATES: MOSES SKAGGS HEIRS, ESTATE CASE # 3871, GREEN CO., KY, 1836 Part 5 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 *********************************************************************** Messrs. Charles Blevins, William Cavin, Robert Scott, James Mairs, William Coakley, James Carter, and John Mears, Take notice that on the 10th day of November next at the Clerks office the seat of justice of Tazewell County and State of Virginia we shall proceed to take the depositions of Bird Lockhart, Moses Hankins, Thomas Whitton, William Cecil and others to be read as evidence in a suit in Chancery now depending in the Green Circuit Court wherein all are complainants and you and others are defendant. We shall continue from day to day (Sunday exception) until said depositions are all taken. October 10, 1837 /s/ Aaron Lewis /s/ Jeremiah Lewis Page 51 _____________________________________________________________________________ [Written crosswise, left to right of paper] Executed October 12, 1837 By delivering a true copy to Charles Blevins, James Meers, John Meers, William Coakley, James T Carter & delivered a true copyto Robt. Scott & wife at his place of residence. /s/ Saml. B Mansfield CSC A true Copy of the within is delivered to Wm. Caven the 14th day of October 1837. /s/ F J Richardson CSC fee .25 paid by Complt. /s/ F.J.R, CSC [Written in border] Messrs. Charles Blevans William Cavin [Written top to bottom of paper] In the Commonwealth of Kentucky to the Sheriff or any Constable of Green County Greeting You are hereby Commanded to serve upon [names not listed] to appear at William Skaggs on Pitman Creek on the 27 day of April 1836, to give your deposition to be read as evidence in the trial of a suit in Chancery pending in the Green Circuit wherein Aaron & Jeremiah Lewis are Complainants and Blevins, Cavin and others are defendants, and this you shall in no wise omit under the penalty of £50. Witness & recorded this 18th of April 1836 /s/ (not legible) Page 52 _____________________________________________________________________________ To the Honorable Judge of the Green Circuit Court in Chancery sitting: The answer of Archibald Malony & Rachel his wife, John Mitchell & Sally, his wife, John Howell & Rebecca, his wife, Parthena Hankkins, Lucy Hankins, Lydia Hankins, Joseph Hankins, Moses Hankins, Joseph White & Mary his wife, Susan Creswill, Hez. Whitt, Adam Harman, Mathias Harman, Henry Harman, Robert Beavers & Katy, his wife, Moses Beavers & Phebe, his wife, & Thomas Christian to a Bill exhibited in said Court by Jeremiah Lewis & Aaron Lewis against themselves & others, Your Respondents, after the usual options to said Bill, for answer thereto to be so much thereof as they are advised that it is mutual for them to answer, do now answer & say that it is true that Moses Skaggs alluded to departed this life many years ago in Green County, Kentucky. was possessed at his death (as your Respondants have been informed) of a quantity of real & personal property. This means moreover as stated in said Bill that the said Moses Skaggs died intestate & without children, leaving his brothers, Henry, Richard, Charles, Jacob, & John, & his sisters Susannah, the then wife of one Richard Whitt; Lydia, wife of Mathias Harman, Elizabeth, wife of John Hankins, & Nancy, wife of William Meridy, his only representatives & heirs at law. All of these brothers & sisters & their husbands have departed this life; the four first, to wit Henry, Richard, Charles, & Jacob, died without any legitimate issue & intestate, & the remainder died intestate leaving the following children who are the surviving heirs at law & representatives of the aforesaid Moses Skaggs, to wit four daughters of John Skaggs, to wit Susan, now the wife of William Quary, ( ) now the wife of Thomas York, ( ) now the wife of Laban Ellis, & Rebecca, who yet remains unmarried: the children of Richard Whitt & Susan, his Page 53 _____________________________________________________________________________ wife, who are your Respondents, Hez Whitt, & Edmund & Susan, who intermarried with Henry Creswell, said Henry Criswell being now dead. The children of Mathias Harman & Lydia, his wife, who are your Respondents Adam Harman, Mathias Harman, Henry Harman, Katy wife of Robert Beavers, Phebe Beavers, wife of Moses Beavers, & Lovace, now deceased, who married your Respondent Thomas Christian; the children of John Hankins & Elizabeth, his wife, who are your Respondents Rachel, wife of Archibald Maloney, Sally, wife of John Mitchell, Rebecca, wife of John Howell, Mary, wife of Joseph White, & Parthena Hankins, Lucy Hankins, Lydia Hankins, Joseph Hankins, & Moses Hankins; the children of William Meridy & Nancy, his wife, who are John Meridy, James Meridy, Daniel Meridy, Mathias Meridy & William Meridy, the only children of said Wm. & Nancy Meridy now living, the rest having died unmarried & the above named persons constitute all & each of the heirs & representatives of the aforesaid Moses Skaggs. Of the conduct by Charles Blevins, & Cavin & of the matters & things which transpired in Kentucky your Respondents of their own knowledge are ignorant. They have always understood & believed that the said Moses Skaggs removed from Washington County, Virg. to Kentucky about the year 1791 & died as above stated in or about the year 1805. Your Respondents admit that they did heretofore to wit in the year 1835 sell & convey by the entry in the Bill mentioned marked one, two, three, & four, to the Complt's. Jeremiah & Aaron Lewis all their right, title, & claim, in & to the estate of the aforesaid Moses Skaggs; & your Respondents now have & attest no right or claim whatsoever in & to said estate. But your Respondents expressly over that by their contract with the said Aaron & Jeremiah Lewis they are not nor were they to be responsible for the recovery of their claim sold as aforesaid, but Page 54 _____________________________________________________________________________ they transferred their said claim with a distinct understanding that said Jeremiah & Aaron Lewis took the same at their own risk & your respondents were not answerable for the failure of said Jeremiah & Aaron Lewis to succeed in any suit they might bring for recovery of the said estate of Moses Skaggs. Your Respondents being therefore in no wise being interested in this suit & having fully answered & pray to be dismissed with their costs &c. State of Virginia, Tazewell County, Sc On this day Archibald Meloney & (Rachel his wife, marked thru) (John Mitchel & Sally his wife, marked thru) John Howell & (Rebecca his wife, marked thru) , Joseph White & (Mary his wife, marked thru) Parthena Hankins, Lucy Hankins, Lydia Hankins, Joseph Hankins, Moses Hankins, (Susan Creswell, marked thru) Hezekiah Whitt, (Adam Harman, marked thru) Henry Harman, Mathias Harman, Robert Beavers & Katy his wife, Moses Beavers & Phebe, his wife, & (Thomas Christian, marked thru) personally appeared before the Subscriber, as acting Justice of the Peace for the County & state aforesaid, & made oath that the statements as made in the foregoing answer of their own knowledge are true & as made from the information of others they believe them to be true. Given under my hand this 30th day of June 1836. /s/ Bird Lockhart, J.P. Page 55 _____________________________________________________________________________ The depositions of Bird Lockhart & others taken at the Clerk's office of Tazewell County in the state of Virginia on the 1st day of November 1837 in pursuance of a notice & a commission issued by the Clerk of Green Circuit Court; the said depositions being intended for evidence in a suit now pending in the Chancery Court of Green Circuit in the State of Kentucky, wherein Aaron & Jeremiah Lewis are complainants & Moses Skaggs' administrators & heirs are defendants. Moses Hankins of lawful age having been first duly sworn upon the Holy Evangelists of Almighty God, deposet & saith that he was acquainted with Moses Skaggs who lived in what is now Tazewell County, Virginia, that said Moses Skaggs removed from Virginia about the year ( ) & went to the State of Kentucky as this deponent always understood & believed; that John Skaggs, Liddy Skaggs, Susannah Skaggs, & Elizabeth Skaggs were the brother & sisters of said Moses Skaggs, that the John Skaggs is dead & that William Querry is an heir of said John Skaggs, having married his daughter; that Liddy Skaggs was married to Mathias Harman, that said Mathias Harman & his wife, Liddy are dead & that their heirs now living are Adam Harman, Mathias Harman, Henry Harman, Robert Beavers, Moses Beavers, & Thomas Christian, the said Robert & Moses Beavers & Thomas Christian having married daughters of said Mathias & Liddy Harman; that the said Susannah Skaggs married Richard Whitt, that she & her husband are now dead & that Hezekiah Whitt, Susannah Criswell, & Edmund Whitt are the heirs of said Richard Whitt & his wife, Susannah; that the said Elizabeth Skaggs married John Hankins, that she & her husband are now dead & that Moses Hankins, Joseph Hankins, Lucy Hankins, Lydia Hankins, Parthena Hankins, Archibald Maloney, John Mitchel, John Howell, & Joseph White are the heirs of said John Hankins & Elizabeth, his wife, the said Maloney, Mitchell, Howell Page 56 _____________________________________________________________________________ & White having married daughters of the said John & Elizabeth Hankins. This deponent further states that the persons before mentioned to wit William Querry, Adam Harman, Mathias Harman, Henry Harman, Robert Beavers, Moses Beavers, Thomas Christian, Hezekiah Whitt, Susannah Creswell, Edmund Whitt, Moses Hankins, Joseph Hankins, Lucy Hankins, Lydia Hankins, Parthena Hankins, Archibald Maloney, John Mitchell, John Howell, & Joseph White have sold & transferred to Aaron & Jeremiah Lewis of Kentucky their right & claim to the estate of Moses Skaggs deceased. This deponent knows of their (signing, crossed thru) acknowledging except Edmund Whitt, whom deponent did not see, & also a writing transfering the said right & claim to said Aaron & Jeremiah Lewis, which writing is similar to one now here produced & said to be a copy tested by the Clerk of Green Circuit Court in Kentucky. The reasons upon which this deponent founds his statements, that the persons above named are the heirs of John & Elizabeth Hankins, Mathias & Liddy Harman, Richard & Susanah Whitt, & John Skaggs & that the said John, Elizabeth, Liddy, & Susanah Skaggs were brothers & sisters of Moses Skaggs, are the facts that the said deponent has been acquainted & lived for 54 years among the parties, he has always heard & known them to be recognized as the relatives to the persons as he has stated, general report & universal opinion has considered them to be the persons he has said, & this deponent is as certain of their identity & relationship as he can be of any such fact; & further this deponent saith not. /s/ Moses (x) Hankins (his mark) Joseph Hankins, another witness of lawful age having been first duly sworn, deposeth & saith, that he was acquainted with Moses Skaggs about the year ( ) at which time said Skaggs resided in Washington County, now Tazewell, Virginia, that said Skaggs moved from Virginia to Kentucky about the year ( ) since when deponent has known but little of him. The said Moses Skaggs had Page 57 _____________________________________________________________________________ several brothers & sisters, or these were persons whom said Moses Skaggs & every body else recognized as his brothers & sisters, to wit John Skaggs, who is now dead & a daughter of said John Skaggs married one William Querry; also Elizabeth Skaggs, who married John Hankins. The said Elizabeth & her husband are both dead & their children now reside in Tazewell County, Virginia to wit Moses, Joseph, Lucy, Lydia, & Parthena Hankins; also the wives of Archibald Maloney, John Mitchell, John Howell, & Joseph White are children of said John & Elizabeth Hankins. Susanah was also a sister of Moses Skaggs & she married Richard Whitt, both now dead & Hezekiah Whitt, Susannah Creswell, & Edmund Whitt are children & heirs of said Richard & Susanah Whitt & reside in Virginia. Liddy also another sister of Moses Skaggs, married Mathias Harman: the said Liddy & her husband are dead, but they have children & heirs residing in Tazewell County, to wit; Henry, Mathias, Adam Harman, & the wives of Thomas Christian, Moses Beavers, & Robert Beavers. This deponent was well acquainted with the Skaggs family & has no hesitation in asserting that the persons above named are such members of said family as he has stated. The said Moses Skaggs was never married. /s/ Joseph (x) Hankins (his mark) Ebenezer Brewster another witness of lawful age having been first duly sworn, deposeth & saith that he has resided in Tazewell County for 62 years, & that he was acquainted with a number of the Skaggs family. This deponent has always understood & believed & has heard many persons say that Elizabeth, the wife of John Hankins, Liddy, the wife of Mathias Harman senior, & Susannah, the wife of Richard Whitt, were sisters of Moses Skaggs who moved to Kentucky about the year 1782 & that John Skaggs was a brother of said Moses Skaggs. This deponent knows that Moses, Joseph, Page 58 _____________________________________________________________________________ Lucy, Lydia, & Parthena Hankins, & also the wives of Archibald Maloney, John Mitchell, John Howell, & Joseph White were always called & reputed children of Elizabeth, wife of John Hankins & that said children were always recognized by said Elizabeth as her children. This deponent also knows that Mathias, Adam, & Henry Harman & also the wives of Robert Beavers, Moses Beavers, & Thomas Christian were called & reputed by all persons, children of the said Liddy, wife of Mathias Harman, & that said Liddy recognized them as her children. Hezekiah & Edmund Whitt & Susannah Creswell were also known as the Children of the said Susannah, wife of Richard Whitt, & the said Susannah Whitt & every other person always recognized said Hezekiah & Edmund Whitt & Susanah Creswell as her children. The said John Skaggs had a daughter, who married William Querry, as this deponent has always heard & believed. The said Elizabeth Hankins & Liddy Harman died in Tazewell County; & the said Susannah Whitt & John Skaggs are also dead as this deponent has heard & believes, & further this deponent saith not. /s/ Ebenezer (x) Bruster (his mark) Thomas Witten, another witness of lawful age, having been first duly sworn, deposeth & saith that he has resided in Tazewell County for about 66 years & that he was acquainted with a number of the Skaggs family & lived a neighbor to them. Every person whom this deponent ever heard speak on the subject, said that Moses Skaggs & John Skaggs & Elizabeth Hankins & Susannah Whitt, & Liddy Harman were brothers & sisters. This deponent was acquainted with Moses Skaggs & the others above named. The said Moses Skaggs removed to Kentucky as was said about the year 1782, or 1783 or 1784. Henry, Adam, & Mathias Harman & the wives of Thomas Christian, Moses Beavers, & Robert Beavers were always said & supposed to be children of Liddy Harman Page 59 _____________________________________________________________________________ sister of said Moses Skaggs & recognized by said Liddy as her children. Joseph, Moses, Lucy, Lydia, & Parthena Hankins & the wives of Archibald Maloney, John Mitchell, Joseph White & John Howell were also always recognized by Elizabeth Hankins, sister of Moses Skaggs as her children & this deponent hath also always understood that Hezekaih Whitt & Edmund Whitt, & Susan Creswell were children of Susannah Whitt, sister of said Moses Skaggs, & they have always been reputed as such, & further this deponent saith not. /s/ Thomas (x) Witten (his mark) Bird Lockhart of lawful age being duly sworn deposeth & saith that the paper now exhibited & signed by the heirs of Moses Skaggs deceased was acknowledged & signed by the parties in deponents presents, except by Susan Creswell & Edmund Whitt, whom deponent did not see executed the paper. Said paper now exhibited is a copy of the original tested by the Clerk of Green Circuit Court, Kentucky & further this deponent saith not. /s/ Bird Lockhart Virginia, Tazewell County, to wit: We, Hervey George & William Cox, Justices of the peace for the County & State aforesaid do hereby certify that the foregoing de- positions of Moses Hankins, Joseph Hankins, Ebenezer Brewster, Thomas Witten, & Bird Lockhart were duly taken, sworn to & subscribed before us at the Clerks's Office of the County Court of our said County of Tazewell on the 1st day of November 1837 in pursuance of the commission & notice herewith returned. Given under our hands & seals November 1st 1837. /s/ Hervey George, J.P (Seal) /s) William Cox, J.P. (Seal) Page 60 _____________________________________________________________________________ Virginia: Tazewell County to wit: I John Crockett Clerk of the County Court of Tazewell County do hereby certify that Hervey George and William Cox whose names are herein before subscribed, are and were at the time of subscribing the same Acting Justices of the Peace in and for said County, and that the foregoing signatures purporting to be theirs are genuine. In testimony whereof I have here- unto subscribed my name and SEAL affixed the Seal of my Office at Jeffersonville this 1st day of November 1837. /s/ John Crockett, Clk by G.W.G. Browne, D.C. I Henry Bowen presiding Justice of the County Court of Tazewell do hereby certify that, John Crockett is Clerk of said Court, and that full faith and credit are due to his Official Acts. Given under my hand and seal this 2d day of November 1837. /s/ H. Bowen P.J. (Seal) Page 61 _____________________________________________________________________________ Messrs. Charles Blevins, William Caven, William Coakley, James Meers, Robert Scott, James T. Carter, John Meers and other Defendants in Chancery ---Take Notice that on (Monday, marked thru ) Friday the (first, marked thru) 29 day of (August, marked thru) July 1836 (next, marked thru) we shall, at the Office of the Clerk of the Circuit Court for Tazewell County in the State of Virginia, take the depositions of Moses Hankins, Joseph White, Matthias Harman, James Harman, Joseph Hankins, Bird Lockhart, Abel Hankins and others, to be read as evidence on the trial of a Suit in Chancery now pending in the Green Circuit Court, Wherein we are complainants and you are defendants --- If we do not finish all of said depositions on that day we will continue from day to day (Sundays excepted) until all are Completed - July 12th 1836. /s/ Aaron Lewis /s/ Jeremiah Lewis Page 62 _____________________________________________________________________________ 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 sworn deposeth & says Question of 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, and 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 to wit. 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 63 _____________________________________________________________________________ Question by Defendants: Do you consider yourself intrusted in the estate of Moses Skaggs Decd. Answer: I do. Question by Complainants: Have you or not any interest in establishing the claim of (Elizabeth, marked thru) any of the persons from or through whom Aaron & Jeremiah Lewis set up their claim in this suit. Answer: No. Question by same: Have you or not any interest in the action of this suit. Answer: I do not know that I have. Question by same: Do you or not know the heirs of Jacob Skaggs. Answer: Jacob Skaggs had but one child--a son by the name of William Skaggs, who is now living in this county. And further this deponent says not. /s/ Peter (x) DeSpain (his mark) Page 64 _____________________________________________________________________________ Deeds Trustees to Prints Green County, towit The within depositions of William Ratliff, Frances Samples, John Spratt, and Peter D.Spain was this day taken, subscribed and sworn to by the said William Ratliff, Frances Samples, John Spratt and Peter D.Spain before the undersigned a Justice of the peace for said county at the time and place and for the purpose stated in the Caption thereof given under my hand this 27th day of April 1836. /s/ William Sympson J.P. Justices fee $1. paid by Complainants } four witness attendance one day .50 cash } $3.00 paid by Complainants. } Serving a notice on four defts. $1.75 } Summons three witness for } $4.12 1/2 the Complainants .375 } [Written crosswise, left to right] AARON & JEREMIAH LEWIS vs Copy of Bill in Chancery Bleven & Cavin Admrs of Moses Skaggs Decd pr. Ordr. of Richd. A Buckner, Jr Fee $2.25 cts Page 65 _____________________________________________________________________________