Harlan County KyArchives Court.....Gross Et Al, James B. Et Al June 6, 1881 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ky/kyfiles.html ************************************************ File contributed for use in USGenWeb Archives by: Jerry Taylor http://www.genrecords.net/emailregistry/vols/00011.html#0002716 November 25, 2005, 11:29 am Source: Harlan Circuit Court Written: June 6, 1881 Recorded: June 8, 1888 James B. Gross & others verses Samuel Howard & Others Answers of Emily Howard The defendant Emily Howard not abandoning but still insisting upon the ______ filed with the answer of her husband Samuel Howard for answers and defense to the petition of the plaintiffs. Denies that either on the 26th day of March 1878 when her father made the deed to her husband Samuel Howard and herself or on the 3rd day of March 1880 when he made the deed to her alone that the mind of her father Jonathan Smith was so impaired by old age or disease that he was unable to guard and protect himself in the management of his estate. The defendant denies that she in conjunction with her husband & the defendant Nancy Smith by fraud and importunity induced him to convey by general warranty a part of his homestead tract of land to her husband Samuel Howard and herself and also another tract ____ in the same deed. The defendant Emily Howard denies that her husband Samuel Howard, her mother Mary Smith and herself by fraud and imposition whilst her said fathers mind was so impaired by old age and disease that he was unable to manage his own business induced him to convey of his homestead to her. Defendant denies that she is artful, tricky cunning or wicked, or that her husband mother or herself by ___ wiles, wicked or cunning _____ any mental influence on her deceased father in that they or either of them by fraud imposition or mental influence induced her father to execute the deeds to her husband and herself and to her alone. The defendant states she had for years been kind and obedient to her father no from motive but from the love, respect and tender regards due from a child to a parent. She states that she was his youngest child and fully intended by her and respected her father that she would administer to his necessities till the last moment of his existence on earth was terminated and that her father was well pleased with her kindness and acts of care and attention to his every want and she knows that he did for years desire that she still return his home farm after his death. And she admits and knows and charges that her father would have given his said farm just as he did, from the consideration of natural love and affection as if her husband had never paid him one cent - except for the support of himself & wife and she would have furnished all the necessities of life and comforted him in his declining years just as she did if she had known he never would have given her one cent - and this day she would rather see the deeds of her father set a side and hold for naught than to obliterate from her memory and erase the facts that she supplied his every want in his affection and that his sense of duly, gratitude and love had caused him to make said deeds to her. She states that every dollar was paid to her father that is claimed in the deeds to have been paid and that the ______ show has been paid. She refers to the deeds to her husband and herself as a part of her answers. Marked (A) The note executed to her father at the execution of the last deed Marked (C) and the deeds executed to her in consideration of natural love and affection Marked (E) She denies that she even ever asked her father to make said deeds to her she offered no inducements to him to do so except they gave out of her care attention and natural affection for him & his desire to compensate her for what she had already done and to commemorate her for what he knew she would do in the future. Wherefore the defendant Emily Howard prays that the petition of the plaintiffs is dismissed as ___ her and that she recovers her costs and other proper relief. D ____ for Deft Emily Howard says she believe the statements of the forgoing answers are true Signed Emily Howard Sworn to before me by Emily Howard this 6 day of June 1881 Albert Ball J.P. Additional Comments: James Brock & Wife Margaret Peggy Smith Gross verses Samuel Howard & Wife Emily Smith Howard, Nancy Smith Other persons named in case: Jonathan Smith, Mary Smith File at: http://files.usgwarchives.net/ky/harlan/court/grosseta116gwl.txt This file has been created by a form at http://www.genrecords.org/kyfiles/ -------------------------------- USGENWEB NOTICE: In keeping with our policy of providing free genelaogical information on the Internet, data may be freely used for personal research and by non-commercial entities as long as this message remains on all copied material. These electronic pages may not be reproduced in any format or presentation by other organizations or persons.Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or his legal representative and then contact the listed USGENWEB archivist with proof of this consent.