KY-FOOTSTEPS-D Digest 21 March 2000 Volume 00 : Issue 134 ______________________________X-Message: #2 Date: Tue, 21 Mar 2000 10:10:59 -0700 From: "Phyllis Hill" Subject: DEEDS: Delph, Boone Co Land Division: Aaron Delph, 1857: Boone County, KY Contributed for use in USGenWeb Archives by: Bryan W. Delp (bryandelp@usa.net) ************************************************************************ Boone County, Ky. In obedience to an order made at the last term of the Boone county court appointing us commissioners to lay off and divide between the heirs of Aaron Delph dec. a certain tract of land in this County. We met upon the said land on the 13th Instant and were then and there duly sworn before Thos. Roberts Esqr. to perform according to law the duties required of us by the aforesaid order. We proceeded in the first place assisted by the Boone County surveyor to ascertain by actual survey the boundary of and number of acres in the tract of land to be divided of and having became of the same. We in the next place carefully examined the said tract with reference to situational soil improvements timber and c.... and then to have the same divided into six lots of as nearly equal value as our judgements would enable us to make them and giving to each as far as practicable a fair proportion of the conveniences. For a representation and for the boundary of and number of acres in the whole tract and also of each one of the Lots into which it is divided we refer to the foregoing plot and report of M. S. Rice. Having completed the division we lastly assigned (by ticket) the Lots to the Heirs as follows To Jane Eggleston Lot No. 1 " Jesse & Mildred Gregory Lot No. 2 " Ellen McIvoy Lot No. 3 " John Burns & Sarah Hizer (the only surviving children of Joanna Burns dec Lot No. 4 " Jonas Delph Lot No. 5 " Asa Delph Heirs Lot 6 Given under our hands this 14th day of July 1857 James J. Ryle John J. Ryle Wm L. Ryle Boone County court August Ten 1857 The forgoing report of the divisions of the lands of Aaron Delph deceased was produced in court examined and ordered to be recorded. Wherefore the same is duly recorded. J. Hamilton clk. **************************************************************************** Lot No. 5 bequeathed to Jonas Delph is described below. The other lots are described in the manuscript but are not reproduced here. Lot No. 5 contains 20 acres Beginning at a stone corner of Lot No. 4 in a line of William Willis Heirs thence with said line S 30 deg E. 27 1/2 poles to a stone at corner of Lot No.6 thence N 60 deg E. 118 poles to a stone in a deep drain corner of Lot No. 6 in a line of William Garnett's Heirs thence with said line N 30 deg W. 27 1/2 poles to a stone corner of Lot No. 4 thence with a line there of S 60 deg W. 118 poles to the beginning. M. S. Rice SBC **************************************************************************** Notes: 1) Transcribed by Bryan Delp from Boone Co., KY court documents copied and provided by Ms. Judie Finke of Florence, KY. 2) Jonas Delph and his family were residents of Parke Co., Indiana by the late 1840s. It is not known how he disposed of his 1857 Kentucky inheritance. 3) The heirs and how they are related to Aaron Delph are found at http://www.familytreemaker.com/users/d/e/l/Bryan-Delp/GENE12-0001.html ______________________________X-Message: #3 Date: Tue, 21 Mar 2000 15:33:08 -0500 From: Jackie Couture Subject: WILL: Paul Leathers, 1832, Scott Co Will - Paul Leathers - 1832 - Scott County, KY Scott County, Ky - Will Book H, page 318 [illegible], that I Paul Leathers of the County of Campbell and State of Kentucky being Sound in mind but frail and weak in body do make ordain and publish this my last will and testament as follows towit. 1st It is my will that all my Just debts be paid. 2dly I give and bequeath unto my Nephew John Leathers all my real and personal Estate that I now have or that may accrue to me in any Manner whatever hereafter. 3dly I appoint my loving Nephew John Lathers and Thos. G. Twyman sole Executors of this my last will and testament revoking all former wills made by me. In testimony whereof I have set my hand and seal this 19th of April in the Year of Our Lord 1832. Signed Sealed in the Presence of Eben B. Nerdn [?] Paul Leathers (seal) Robt. H. Burr Tho. G. Twyman Submitted by Jackie Couture ______________________________X-Message: #4 Date: Tue, 21 Mar 2000 15:37:28 -0500 From: Jackie Couture Subject: DEPOSITION: Margaret Nelson, 1810, Bourbon Co Edward Nelson's Heirs vs. James Estill's Heirs Deposition of Margaret Nelson, widow of Edward Nelson. Bourbon County State of Kentucky to wit this day came before us Samuel J. Dawson and Wm. B. Branham two of the Justices of the peace in and for said County Margarett Nelson widow of Edward Nelson Deceased who relinquished and disclaimed all right of Dower both legal and Equitable which she has or may have in Law and Equity in and to the settlement and Preemtion or any part thereof, which was granted to her husband Edwd. Nelson, Decd. by the commissioners for the Kentucky District. In Testimony whereof she the said Margarett Nelson hath here unto set her hand and seal this 23d day of January 1810 Margarett (her X mark) Nelson Given under our hands and seals this 23d day of January 1810. Samuel J. Dawson Wm. B. Branham The Deposition of Margarett Nelson widow of Edwd Nelson Deceased taken at her own house in the County of Bourbon on the 23d day of January 1810 to be read as evidence in a Suit in Chancery pending in the Madison Circuit Court between Wm. Nelson and others heirs of Edward Nelson Deceased complainant and James Estill's Heirs and Samuel Estill Defendants who being first sworn Deposeth and saith. Question by Green Clay agent for the Heirs of Edwd Nelson were you present at a conversation and agreement between James Estill and your Husband Edwd. Nelson Decd. concerning the said Estills clearing out said Edward Nelsons Settlement and Preemtion on the Shares. Answer I was. Quest. By same did the said James Estill agree to clear out the said Edwd Nelsons settlement and Preemtion on the shares for part of the land Answer he did and John South Senr. was called on as a witness and Colo. Rich. Callaway who is now dead and some others who she cannot now recollect their Names, and that conversation and agreement took place in the said Edward Nelsons house she thinks directly after the commissioners had granted the claim to her husband and on the same evening and this deponant saith at the time said agreement was made between her husband and said Estill that it was also agreed betwen them that they would draw writings the next day and it was put off from time to time; but whether writings was Ever drawn or not she cannot tell taht she never knew of any being drawn. This deponant further saith that she heard her husband say not more than two months before his death that he never had transfered the said certificate granted by the commissioners to James Estill. Question by same, have you not relinquished and disclaimed all right of Dower to the said Lands before this Deposition was taken. Answer yes. Question by Same did you ever hear James Estill or your Husband Edward Nelson say that there was any other bargain or agreement about said Land than the one which you have stated? Answer I never did. Question by Same was not the terms on which James Estill agreed to clear out Edward Nelsons Settlement and Preemtion the sames terms as was generally given in the Country: Answeer, I believe they were. And further this Deponant Saith not. Margaret (her X mark) Nelson This is to Certify that the foregoing Depositions were taken subscribed and sworn to before us Justices of the piece in and for Bourbon County at the time and place first above writen. Given under our hands and seals this 23d Day of January 1810. Saml J. Dawson Wm. B. Branham Magestrates fees---- $2 Paid by Moses Nelson Saml J. Dawson Wm. B. Branham ______________________________X-Message: #5 Date: Tue, 21 Mar 2000 15:39:07 -0500 From: Jackie Couture Subject: WILL: Joshua Leathers, 1825, Scott Co Wills - Joshua Leathers - 1825 - Scott County, KY Scott County, Ky Will Book , page 153 In the name of God Amen, I Joshua Leathers of the County of Scott and State of Kentucky being sick and weak of body but of Sound mind and disposing memory and Knowing it is appointed to men to die do make and ordain this my last Will and testament. That is to say Principally and first of all I recommend my Soul to Almighty God that Gave it and my body to the earth to be buried in a decent manner at the discretion of my Executors and as touching such worldly Estate as God has blest me with I give devise and dispose of the same in the following manner and form. Item. I give unto my daughter Margaret Anne Lemon and to lawful begotten heirs of her body All my Estate real and personal with the Goods and Chattels forever after my Just debts funeral expenses are paid and it is me desire that my executor sell such of my stock as he may think proper for the payment of my debts and if the stock should not be sufficient to pay my debts then he is to Hire out such of my negros as he may think proper and rent such of the land as he may think best till he cam pay all my Just debts And it is my order that my son Peter Leathers have a sufficient support from my Estate during his natural life, after my Just debts are paid. And I appoint my Son in law Joseph Lemon my whole and Sole Exor of this my last will and testament. And I do hereby ____ ____ revoke and dis__ all and every former testament will ___ ___ bequeaths & Executors by me in ___ ___ below named. In witness whereof I have ___ to set my hand and seal this 27th day of April in the year of our Lord one thousand Eight Hundred and Twenty five. Signed and sealed in the Presence of ___ Kelly Joshua Leathers (seal) Jno A. ___ James Holly Scott County, Ky July Court 1825 The foregoing Instrument of writing purported to be the last will and testament of Joshua Leathers, decd was this day presented in Court and proved by the oaths of ____ Kelly, John ____ and James Haley Subscribing witnesses thereto and order to be recorded Att Al___ Hawkins, Clk By Reubin F. Ford, D.C. Scott County, Ky Aug 30th 1836 I Ben B. Hord clerk of this court for the County aforesaid do ___ that the foregoing last will and testament of Joshua Leathers decd. is fully and _____ _____ from the record in my office Att Ben B. Hord, Clerk By Reuben F. Ford, D.C. Scott County, Ky June Court 1838 Satisfactory proof being made in open court that the original will and record of Joshua Leathers, decd. Has been destroyed by the Burning of the Clerks Office and a Copy of said will Certified by the Clerk of this Court that the Same has been recorded in his Office having been produced in Court and the Court having examined the same it is ordered to be recorded. Att Ben B. Hord, Clk. ______________________________X-Message: #6 Date: Tue, 21 Mar 2000 15:40:44 -0500 From: Jackie Couture Subject: DEED: Vaught heirs to Hubble, 1865, Pulaski Co Commissioners Deed - Tubbs, etc. to Hubble - 1865 Pulaski County, Kentucky Deed Book 20, page 635 This deed made and entered into this 23 day of March 1865 between Dudley Tubbs, and Nancy his wife, [nee Hale, widow of Henry Vaught, Jr.] Wm. Vaught, Riley Vaught, David Swarringer & Mahaly his wife, Silas Vaught, Alfred Vaught, Larthin [Larkin] Leathers & Amanda his wife, Henry Butt & Melinda his wife, Nancy M. Vaught, Henry Vaught, Lewis Lynch & Matilda his wife & the unknown heirs of Henry Vaught by John E. Cosson commissioner of the Pulaski Circuit Court of the first part and W.H. Hubble of the second part. Witnesseth that where the sd Wm. Vaught on the 19th day of November 1860 at a Commissioners sale, made under a decree of the Pulaski Circuit Court in the case of Dudley Tubbs & wife & others against Wm. Vaught & others, became the purchaser of 51 acres of land herein after described at the price of $311. And sd. sale having been reported to and confirmed by the court. And the bid of sd Vaught having been transferred by written assignment by Vaught to him W.H. Hubble, and the court having ordered a deed of conveyance to be made to sd Phillipe & Phillipi to W.H. Hubble and John E. Cossen appointed Commissioner to make sd deed of conveyance. Now in consideration of sd sale & purchase & transfer and in consideration of all the premises I John E. Cosson as Commissioner aforesaid do hereby convey unto W.H. Hubble all that tract or parcel of land containing 50 acres more or less lying in the county of Pulaski, Kentucky situate in the Pulaski County on Waters of Pitman's Creek and bounded as follows. Beginning on two small Dogwoods on the military line, thence N 5 W 39 poles to a Dog-wood,thence S 69 E 14 poles to a small sasafras, thence S 15 W 21 ½ poles to a hickory, thence S 38 W 24 poles to a small hazelnut & dog-wood on the Military Line, thence S 5 W 52 poles to two Dogwoods thence N 53 E 180 poles to a Dogwood, thence N 75 W 135 poles to the Beginning be the same more or less together with all & singular. The appurtenances thereto belonging. To have and to Hold to the said W.H. Hubble, his heirs and assigns forever and the above named heirs of Henry Vaught Decd. hereby warrant & defend the title to the same to the extent of the assets & Estate in the pleadings and proof of the cause above mentioned against all claims. In testimony whereof I John E. Cosson as commissioner aforesaid have hereunto subscribed my name the day and date above written. John E. Cosson, Comr. Pulaski Circuit Court End of ky-footsteps-digest V00 #134 ************************************************************************ 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.