ky-footsteps Thursday, 29 January 1998 Volume 01 : Number 364 ---------------------------------------------------------------------- From: Maria Troutman Date: Wed, 28 Jan 1998 20:58:25 +0200 Subject: KY-F: Gaither vs. Troutman, Bullitt Co, Pt 2 of 5 Depo of Gordon GRUNDY, taken at the house of John WILLIAMS in Shepherdsvile, 2 June 1817. Q.(by deft) Do you know, if so state it, at what time or in what year Patrick MCGEE settled where Ben POPE now lives on the south side of Salt River? A. I believe in the year 1784, I was at Patrick MCGEE's house, who then lived at or near where Ben POPE now lives on the south side of Salt River. I am certain I was at his house, and at that place and as before stated, I think pretty surely twas in that year. And further this deponent sayeth not. Gordon GRUNDY Depo Levy SIMMONS, same place and time Q.(by deft) Do you know, if so state it, at what time or in what year Patrick MCGEE settled where Ben POPE now lives on the south side of Salt River? A. I know that he was living there the spring of 1784; but when he moved there I don't know nor do I know when he moved away from there. And further this deponent sayeth not Levi SIMMONS Depo. Of Patrick MCGEE, same time and place Q.(by deft) When did you settle on the place where Ben POPE now live, and that title did you settle under? A. I settled that place, I believe in 1784 or at any rate in 1785, I think in 1784 - - I lived there three years. I settled under a claim which I purchased of John EDWARDS - - and I then held EDWARDS bond for the conveyance of a title - - EDWARDS has, since that date, and since I left the place, taken up his bond and made a conveyance to me by deed. And further this deponent sayeth not. Patrick MCGEE Depo. Brittain WHITE, taken at the house of Elimelich SWEARINGEN, Bullitt County, 26 July, 1816 Q.(by compt) Did not Michael TROUTMAN inform you that he, said TROUTMAN, had sold part of a tract of land belonging to John A. GAITHER to Richard SIMMONS, deceased? A. yes, he did Q.(by same) Did he not say that John R. GAITHER was to redeem the land that he, TROUTMAN, sold to Richard SIMMONS? A. He said that John R. GAITHER was to redeem the land but that he believed he never would. Q.(by same) Do you recollect what year Sameul STALLINGS settled on the place and land whereon John R. GAITHER now lives? A. He settled on the place whereon John R. GAITHER now lives in the fall 1792. Q.(by same) Do you know what claim Samuel STALLINGS settled under? A. He settled under the claim of John R. GAITHEr. Q.(by same) Do you know of any other person having any possession besides John R. GAITHER of the land they said GAITHER not lives on? A. I know of no other person having possession of the land except said GAITHER since Samuel STALLINGS lived on it. And further this deponent sayeth not. Brittain WHITE Depo. John OVERALL, taken at the house of said OVERALL, Bullitt County, 12 February 1817. Q. (by Compt) When did you first know Salt River and Floyd's Fork A. I was acquainted with them water in 1779. Q.(by same) Were Salt River and Floyd's Fork notorious by those names on the 24th day of May 1780 A. I cannot say. Q.(by same) Is it not your idea that it took the name of the Town Fork from Harrodsburg being situated on the same stream? A. Yes, that part the river above the mouth of Floyd's Fork. Q.(by same) Did it or did it not take the name the Town Ford between years 1779 and 1784? A. Yes and it might have taken that name in 1779. Q.(by same) Is Floyd's Fork a large fork of Salt River? A. Yes, but not as large as the town fork of Salt River Q. (by same) Did you on or before the 24th day of May 1780 know any other streams in Kentucky called and known by the names of Salt River, Floyd's Fork, and the Town Fork? A.No. Never heard of such. Q. (by same) Did you not understand that Harrodsburg was settled before the year 1779 A.Yes some time before Q. (by same) If you had after the 24th day of May 1780 have seen John R. GAITHER's entry of 500 acres in the following words and figures to wit: where would you have want yourself or have directed others to find it? A. I have seen an entry of John R. GAITHER's for 500 acres and should have went myself or directed others to find it opposite the mouth of Floyd's Fork on the south side of the Town Fork of Salt River and up the fork and out for quantity and further this deponent sayeth not, this 12th day of February 1819. John OVERALL Depo Henry STALLINGS, taken at house of John R. GAITHER, 9 June 1819 Q. ( by complt) The line that was run this day by Bigger HEAD the surveyor of Bullitt County in your presence, does it or does it not include any part of the improved land now in the possession of John R. GAITHER? A. I think a small corner. Q (by same) Do you or do you not know who the improvement on said land was made by and how long ago? A. In 1792 in August I built a house on the land now in the possession of John R. GAITHER for my brother Samuel STALLIONS. The same fall or winter the said Samuel STALLIONS moved to said house. Q.(by same) Do you or do you know what claim the improvement you spoke of in your last answer was made under? A. The improvements was made under a lease from Richard SIMMONS and I understood by said SIMMONS that he purchased the land from John R. GAITHER and further this deponent sayeth not. Henry STALLINGS Depo. James W. GAITHER, same time and place Q. (by complt) Was or ws you not in company with James SHANKS in the year 1805 when he SHANKS run the line which was run this day by Bigger HEAD and did or did it not take a part of the improved land that was then improved? A. It took in some of the improved land Q. (by same) The line that was run by SHANKS that took in a part of the improved land was it or was it not claimed by Michael TROUTMAN A I always understood that Michael TROUTMAN claimed the said land. And further saith not James W. GAITHER Depo. Abraham TROUTMAN, taken at the house of Abraham TROUTMAN, Bullitt County, 8 Feb. 1817. Q. (by Phillip TROUTMAN) Did not John R. GAITHER or did he not acknowledge to a deed given to Michael TROUTMAN in his lifetime for the plantation he now lives on? A. He did on the 27th day July 1804 and acknowledge it to be his act of deed. Q. (by same) Did not Michael TROUTMAN in his life time or did he not enter into a contract with John R. GAITHER that with the term of four years if the said GAITHER should pay unto said TROUTMAN all accounts and notes which should be established against him that in such case the said Michael TROUTMAN should convey said land back until said GAITHER. A. I witnessed a contract to that effect on the 27th day July 1804 and which I believe the sums never has been paid. Q (by same) Did you understand at the time the contract took place between said GAITHER & TROUTMAN that if said GAITHER should fail to pay up all the sums that TROUTMAN had and would pay for him with legal interest against the four years was out that the said TROUTMAN was to have the tract of land for four hundred pounds Kentucky currency? A. Yes he did Q. (by same) Did you not hear John R. GAITHER say whether the hundred acres of land that the sheriff levied on which was part of the same land that said GAITHER had sold to TROUTMAN should be joined to the plantation which Michael TROUTMAN in his lifetime sold to Richard SIMMONS or not? A. To the best of my recollection I did hear him say it would make very little difference with him since the sale of the land made by the sheriff. Q. (by same) Is or is not the account from year 1800 in May which is amount is 106 pound fourteen shillings & 4 pence until the end of the year 1807 just or true. A. It is just as far as I recollect to best of my knowledge. Q. ( by same) Don't you believe that every article charged to John R. GAITHER . . . from 1800 in May until the end of the year 1807 is correct and true? A. Yes, I do verily believe every article is just and correct to the best of my knowledge which amount in all is 106 pounds, fourteen shillings & four pence including the sixty two pounds ten shillings cash that said TROUTMAN paid to Richard SIMMONS for and including cash paid Guy PHELPS which is twenty dollars and all the leather saddles bridals corn cotton shoes & whiskey as they stand stated in the account drawn of my said TROUTMAN's books from date to date is correct which all make the L106..14...14 Q. (by same) Do you or do you not recollect what was that note that note that you & William DEROWHAN witnesses which was given from GAITHER to TROUTMAN on the 27th of July 1804 for L26..11..6 was it included or counted as a settlement between them to that date or on that day? A. I do not recollect of any settlement taking place on that day. Q. (by same) Did you not witness a receipt that John R. GAITHER give to Michael TROUTMAN dated July 10th 1804 for two fee bills on acct of TILFORD to the amount of $42.21 cents, also three to the to the amount of $10.29 cents on acct. FLOYD and SMITH which he promised to pay in three months from the daft is it nor correct? A. It is correct to best of my recollection Q. (by Plaintiff) Are you not & Leonard TROUTMAN, Jacob TROUTMAN the reputed sons of Michael TROUTMAN decd for whom you & Phillip TROUTMAN are executors herein named? A. Myself & Phillip are executors and the others names are called the sons of Michael TROUTMAN dec. Q (by same) Are you not & Leonard TROUTMAN & Jacob TROUTMAN devisees or legatees under the last will & testament of Michael TROUTMAN decd? A. Myself & Jacob TROUTMAN is & not Leonard TROUTMAN until the death of my mother. Q. (by same) Have you not & Jacob TROUTMAN according to said will received the portions assisgned you or part thereof? A. I have received a part only as to myself. Q. (by Phillip TROUTMAN) Is not the afsd tract of land that John R. GAITHER deeded to Michael TROUTMAN willed to me by the said Michael TROUTMAN and not to any of the other legatees? A. Yes, it is certainly is, agreeable to the will Q. (by Plaintiff) Who kept the books of Michael TROUTMAN decd sixteen or seventeen years before his death? A. I kept the books from the year 1800 until the year 1807, and after Jacob TROUTMAN I believe for a few years. ABraham TROUTMAN (note from whoever typed this from the original copy, says Abraham Troutman signs his name ABraham so that at times it looks like Braham) Depo. James CALDWELL taken at the house of Elemilick Swearingin, Bullitt Co., 6 Sept 1816 Q. (by complt) Do you recollect where the land lay that you sold under execution in the name of Saml. SMITH against John R. GAITHER and how much of sd. GAITHER's land did you sell and at what price? A. The land lay by GAITHER's direction or information that I sold as sheriff, at the upper side of said GAITHER's tract, which was 100 acres that I sold but do not recollect what I sold it for at this time - - buy my receipt given to TROUTMAN will show. Q. (by same) Did not Michael TROUTMAN apply to you for a deed for the land you sold as sheriff? A. He did not. I understood from Michael TROUTMAN that he had a deed to mortgage land - - and that he purchased the land to hold the same as a friend until John R. GAITHER paid or refunded the money Q. (by same) Did not both parties inform you that the land was to be held by Michael TROUTMAN until said GAITHER paid or refunded the money? A. I understood them both so. James CALDWELL Depo. James W. GAITHER, same time & place Q.(by plaintiff) Do you not remember that I paid Michael TROUTMAN in his lifetime for a saddle in the year 1805 and what did I pay him in? A. I went to Mr. TROUTMAN's with my father and took bacon to the amount of twelve or thirteen dollars and that at same time Mr. TROUTMAN informed my father that the saddle was paid for or nearly paid for. The bacon I understood was weighed and delivered in pay for the saddle, but I do not recollect the weight. I think it was in the year 1805. Q. (by same) Do you not recollect that I generally for several years let Mr. TROUTMAN have my raw hides? A. My father let Mr. TROUTMAN have raw hides when I lived with him I do not recollect the quantity. Q. (by same) Do you not recollect of Mr. TROUTMAN receiving property of me such as cattle, sheep, or a gray mare and what was the value and what year was it in? A. I remember Michael TROUTMAN receiving of cattle and sheep and likewise a gray mare of my father but the value of the cattle and sheep or quantity I do not recollect, or pretend to say, and what year or time I cannot recollect. The value of the mare I cannot pretend to say. James W. GAITHER Depo. John PATTERSON, in Leitchfield, Grayson Co. 29 July 1816 Q. (by Phillip TROUTMAN) Do you know anything respecting a note of hand executed by Michael TROUTMAn decd to John R. GAITHER for the sum of fourteen pounds fourteen shillings & six pence payable three months after date, dated 12 Mar. 1814. A. I know the above said note was given by said TROUTMAN on account of a debt which was due from me to John R. GAITHER & that it was not for any part of a settlement between Michael TROUTMAN decd and John R. GAITHER J. PATTERSON ------------------------------ From: Maria Troutman Date: Wed, 28 Jan 1998 21:00:01 +0200 Subject: KY-F: Gaither vs. Troutman, Bullitt Co, Pt 5 of 5 Dept. John PATTERSON, Leitchfield, Grayson County, 2 Sept. 1816 Q. (by Phillip Troutman) Did you or did you not understand from John R. GAITHER in Michael TROUTMAN’s lifetime that there was one hundred acres of land lying in Bullitt Co., near Salt River, part of a tract of land, which sd. GAITHER now lives on, sold by the sheriff of sd county under execution, which land I understood from John R. GAITHER Michael TROUTMAN had long before purchased? A. I did. Q ( by same) Did you not understand from John R. GAITHER that the hundred acres of land that he said was sold by the sheriff should be laid off of any part or side of said land where the said Michael TROUTMAN might choose. A. Yes, I did at several times. J. PATTERSON Depo. Jacob WILLS, taken at home of Elemilich SWEARINGEN, Bullitt Co., 26 July 1816. Q. (by complt) Do you or do you not know anything about a contract taking place for land between Michael TROUTMAN decd and Richard SIMMONS decd in their lifetime? A. I do not know anything about a contract. Richard SIMMONS informed me that he had bought the land from Michael TROUTMAN that I then was living on and said I was to pay him the rent instead of Michael TROUTMAN. Q.(by same) Was not you at that time a tenant of Michael TROUTMAN’s and in what year did Richard SIMMONS call on you for the rent/ A. I was a tenant to TROUTMAN in the year 1806. Richard SIMMONS called on me for the rent in the year 1806 or 1807. Q.(by same) How many rents did you pay Richard SIMMONS for the plantation you lived on? A. I paid Richard SIMMONS four years rent and Robert BRISKOE paid him one. His Jacob X WILLS mark Depo. Joseph SIMMONS, same place, 6 Sept. 1816. Q. (by complt) Do you remember of an order I gave you on Michael TROUTMAN in his life time and how much was it for and what was the conversation that took place when you presented the same? A. I remember the order you gave me was for twenty dollars or upwards. Mr. TROUTMAN said the order was good and accepted and discharged the same, saying at same time that he was owing of John R. GAITHER the Plaintiff and was willing to discharge the same. Q. (by deft) When or what time did you present the order above mentioned to Michael TROUTMAN A. I don nor recollect when or what time I presented the order. I think about twelve or thirteen years past. Q. (by complt) Did you understand at the time from Mr. TROUTMAN when you presented the mentioned order what said TROUTMAN was owing me for? A. I understood him it was for property. Joseph SIMMONS Depo. Henry CRIST, taken at the house of Thomas JOYCE, Shepherdsville, 3 Mar 1817 Q. (by complt) Have you been in the habit of having standing accounts with and dealings with Michael TROUTMAN for the last twenty years before his death? A. I have had standing accounts and dealings with Michael TROUTMAN for about fifteen years before his death. Q. (by same) In the course of your dealings with Michael TROUTMAN do you believe that his books were correctly kept? A. I don’t think they were regularly kept. Q. (by same) Have not differences arisen between yourself and Michael TROUTMAN respecting the settlement of your accounts? A. On the settlement of some of our accounts we had some differences, but on explanation we generally settled Q. (by same) Have not these differences resulted from, as you supposed, inproper exhibits in the accounts of Michael TROUTMAN? A. I cannot say that it was from the exhibits being imperfect, but from the confused order the books were kept in. Q. (by same) Do you believe that correct accounts might reasonably be expected from books thus confusedly kept? A. I would suppose that books kept as they were would result in mistakes. H. CRIST Dept. Evan GAITHER, taken Elemilich SWEARINGEN, Bullitt Co., 9 Sept. 1816. Q. (by complt) Did Michael TROUTMAN decd ever get a gray mare of me and if he did, at what price did he get her at? A. I have generally understood from the family that said TROUTMAN did get a gray mare of you, but do not recollect it myself. Q. (by same) Did said TROUTMAN get any cattle or sheep or either of them of me, and how many? A. The sd. TROUTMAN did get a parcel of cows, but I do no t recollect how many; and to the best of my recollection he got some sheep also; but I do not recollect how many of them. Q. (by same) Do you recollect the year in which said TROUTMAN got those cattle and sheep of me? A. I do not. Evan GAITHER Depo. Robert BRISCOE, same place, 6 Sept 1816. Q. (by complt) Were you present and did you witness a deed made by the Compt to Michael TROUTMAN decd bearing date the 27th day of July 1804 for the land on which said GAITHER then lived and still lives? A. I was present and did witness the said deed. Q. (by same) Were you present and did you witness a bond of the same date given by said Michael TROUTMAN to the said GAITHER concerning the same land. A. I was present and did witness the said bond. Q. (by same) Did GAITHER actually sell said land to said Michael TROUTMAN? A. He did not sell said land to sd. Michael TROUTMAN. I did not hear any talk between them as to a sale of the land. I was present when said GAITHER applied to said TROUTMAN to borrow money of him to pay Richard SIMMONS, and give said land as security for the money. Q. (by same) Was the deed made for the land as a pledge or security for the money only? A. It was and I am sure a sale of the land was not agreed to or understood by the parties. Q. (by same) After the signing of said deed and bond, did sd. Michael say how much I owed him. State all he said and what teh sum. A. I do not recollect particularly. The execution of SIMMONS which TROUTMAN paid was about two hundred and ten dollars. And I think TROUTMAN informed GAITHER at that time his book account was about twenty eight pounds. Q. (by same) Did said Michael get a gray mare from me, and at what price, and if no price was agreed upon, what was her value? A. I know TROUTMAN had possession of a gray mare, which GAITHER did own, but how he got her I do not know. Neither do I know her value. Q. (by same) Did said Michael get any cattle and sheep or either of them of me, and if he did at what price or their value. State all that you know about it. A. I recollect that said Michael got two cows from you, which I suppose were worth eight or ten dollars each. Q. (by deft) Did not Michael TROUTMAN agree to settle an execution then in the hands of the sheriff for a sum of money due Richard SIMMONS from John R. GAITHER. A. He did agree to do so. Q. (by same) Did you understand at the time when you witnessed this bond and deed what time this money on account and money borrowed was to be paid? A. The money was to be paid to redeem the land in the term of four years - - - it also appeared to me that all sums were included and to be paid at the expiration of four years that was due at that time. Robert BRISKOE Depo. John B. JACKSON, same place, 26 July 1816 Q. (by complt) Did not Michael TROUTMAN forewarn you from cutting timber on a certain peice of land that said TROUTMAN sold Richard SIMMONS decd formerly the property of John R. GAITHER A. He did forewarn me from cutting the timber off of said land and told me that he had sold said land to Richard SIMMONS decd and said he, John R. GAITHER, knew it - - and that he had sold said land to satisfy himself for money lent to said GAITHER in time of his need. Q. (by same) How long has it ben since you was forewarned from cutting this timber by said TROUTMAN on said land. A. Upwards of eight years. His John B. X JACKSON mark Dept. John PATTERSON, Leitchfield, Grayon Co., 21 Jan 1816 Q. (by Philip Troutman) Did you hear John R. GAITHER say in Michael TROUTMAN’s lifetime that he wished that the said TROUTMAN would pay him up the balance concerning (?) the land he lived on that he might move off of said land which lies in Bullitt County. A. Yes, I did several times. Q. (by same) Did not John R. GAITHER tell you that he had spoke to Michael TROUTMAN abut the balance that was coming towards the said land he now lives on. He said that TROUTMAN’s reply was that he was tight run for money at that time & the said GAITHER said to me that it made but little difference to him but he would be very glad to get it so that he might leave the land for he considered it as TROUTMAN’s land as soon as the balance was paid. A. Yes, I did several times. J. PATTERSON Deposition: Depo. James HALBERT, taken at house of Elemilich SWEARINGEN, Bullitt County, 9 Sept 1816, who says that being called upon by the complt or Joseph SIMMONS to survey some land for him, the complt., he attended at the complts house on the 27th day of August 1816 for that purpose and surveyed and laid off for the comlt.., so much of his claim of 500 acres of land as lay within the bounds of the purchase made from Michael TROUTMAN by Samuel, William & Jonathon SIMMONS - - that he was accurate as he believes in running the lines around the same - - that he hath made a plat of the said interference, being 102 acres which plat is made a part of this deposition. . . This deponent states that he actually run around the said 102 acres of land, which is marked on the plat between the letters "A, D, E, F" , the rest of the 500 acres all being laid down in the plat is from the patent - - - that nearly opposite the mouth of Floyd’s Fork where GAITHER called to begin he was shown two hoop ashes & a maple all standing and shown by GAITHER at his beginning corner - - at the letter "E" marked on the plat, a white oak tree and two beechers appear, the beeches marked as corner trees, one of which has the letters "T.W" upon it very plain. They were shown to me by said GAITHER and Jos. SIMMONS as the upper corner of SIMMONS purchase from TROUTMAN on the river - - The line from these trees to the intersection with GAITHER’s back line from the river at the letter "E" is plainly marked - - The third or the last corner being a sugar tree called for in GAITHER’s patent was not found, it being as I believe within the clearing of William SIMMONS. James HALBERT (my note here- the next 3 pages are a drawings of the plat and explanations of drawings. If anyone who reads this would like a scanned copy of these plats, please email me and I will be happy to scan them in and send them to you. Ask for plat2, Plat2a & plat2b) ENTRY: May 24th 1780 John GAITHER Assee. & c. Enters 500 acres upon south side of the Town and up the fork and out for quantity. Survey: Surveyed for John R. GAITHER Assee. 500 acres of land in Nelson County on a Treasury Warrant No. 3130 lying on Salt River and bounded as followeth, vix, Beginning at "A" two hoop ash trees and a maple sapling opposite to the mouth of Floyds Fork; thence N40E up the river and binding thereon 140 poles; thence N70E 40 poles; thence East 50 poles; thence S65E 90 poles to "B" a white oak and beech standing on the river bank above the mouth of Cedar Creek; thence S18E 235 poles to "C" a buckeye, spanish oak and ash; thence s72W 283 poles to "D" a sugar tree; thence N18W 235 poles to the beginning - - July 7th 1789 Patent: A patent for the above tract was issued to GAITHER 22 Apr. 1792 on a TW # 3130, issued 20 Feb. 1780. Entry: February 12th 1783 John EDWARDS enters a preemption warrant of 1000 acres adjoining between his settlement as assee. Of Henry TILLEN and Salt River and joining TILFORD’s line and to join the southwardly side of settlement with the residue of the said warrant to be laid off in two surveys. Survey: Surveyed for John EDWARDS 560 acres of land in Jefferson County by virtue of part of a preemption warrant No. 1082 on the South side of Salt River joining his settlement. Beginning at a hickory and an ash in a glade thence N23W 155 poles to a beech, hickory and a small walnut on the bank of Salt River then binding on Salt River up the meanders of said river 400 poles to a white oak, two sugar trees and a beech on the bank of Salt River thence S23E 318 poles to two beeches and hickory near a small branch, thence S67W 375 poles to the beginning - - February 24th 1783 Patent: A patent to the above tract was issued to John EDWARDS, assee, of Jacob MYERS, assee, of Henry TILLON - - 560 acres on part of a preemption warrant No. 1082, issued 16 Aug. 1780; surveyed 24 Feb. 1783, Patent issued to EDWARDS 15 June 1784. DEED: >From Michael TROUTMAN and Elizabeth, his wife to Samuel, William, & Jonathon SIMMONS, al of Bullitt Co., 19 May 1811. 450 acres on south side of Salt River and bounded as follows: Beginning at a Spanish oak and dogwood standing on the bank of Salt River, it being Benjamine POPE’s upper corner on the river; Thence with said POPE’s line S23E 252 poles to a beech in Richard SIMMONS line; thence N67E 23 poles to two beeches, corner to Richard SIMMONS; thence N23W 360 poles to a white oak, beech and sugar tre standing on the bank of Salt River; thence down the river with the meanders thereof 260 poles to the beginning. Note: John R. GAITHER’s full name was John Rogers GAITHER. Deed: 27 July 1804, John R. GAITHER & Mary his wife convey to Michael TROUTMAN for 400 pounds GAITHERs tract of land on the south side of Salt River opposite the mouth of Floyd’s Fork; deed witnessed by Abraham TROUTMAN, Robert BRISCOE & William de ROHAN, recorded Bullitt County 24 June 1805. Bond: Same date as above and witnessed by the same persons in which TROUTMAN agrees to reconvey the above land to GAITHER if he repays TROUTMAN within four years. (The last 2 pages are John Michael TROUTMAN’s will, signed 10 April 1814. This will is online in the Bullitt County Gen Web archives. ) ------------------------------ End of ky-footsteps V1 #364 *************************** 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.