ky-footsteps Monday, April 14, 2003 Volume 03 : Issue 23 Today's Topics: # 1 [KYF] DEED: Cox, 1838, Montgomery Co., KY # 2 [KYF] BILL OF COMPLAINT: Isham Heirs, 1821, Bourbon Co, Part 1 # 3 [KYF] REPLY OF DEFENDANTS: Isham Heirs, 1822, Bourbon Co., Part 2 _____________________________X-Message: #1 ------------------------------------------------------------ Submitted by E-mail Registry submittor Connie Graves Date: 13 Apr 2003 Subject: [KYF] DEED: Cox, 1838, Montgomery Co., KY ------------------------------------------------------------ Deed -- Cox's Heirs to Bradley-- Montgomery Co., KY Deed Book 18, p 206, 207 This Indenture made the 17th day of January 1838 between Margaret Cox the widow of Philip Cox Decd, Susannah Cox, Mary Cox, & Andrew G. Cox, Children and Heirs of Philip Cox Decd of Montgomery County and State of Kentucky of the first part and Daniel S. Bradley of Bourbon County & State of Kentucky of the second part. Witnesseth that the said party of the first part for and in consideration of the sum of Forty Nine Dollars and fifty seven cents per acre to them in hand paid and secured the receipt whereof is hereby acknowledged hath sell unto the said party of the second part a certain tract or parcel of land lying and situate in Montgomery County on the waters of Plumb Lick being a portion of the tract of land on which the late Philip Cox lived and died containing twenty four acres three roods Eighteen & five tenths poles. Bounded as follows to wit: Beginning at a stake, thence North thirty five East 66 poles to a stake, thence South 52 1/00 East Seventy five and a half poles to a stake, thence S 55 West 64 6/10 poles to a forked Buckeye corner to Wm Bradley, thence N 56 West 53 poles to the beginning. Together with all and singular the premises improvements rights and privileges thereunto belonging or in any wise appertaining to have to hold the land premises and appurtenances aforesaid unto the said party of the second part his heirs and assigns forever and the said party of the first part do hereby covenant and bind ourselves, our heirs, Executors and administrators to warrant and forever defend the land premises & appurtenances aforesaid unto the said party of the second part, his heirs and assigns forever against the claim or claims of all and every person or persons whatsoever and should the said Land or any part thereof be lost or taken from the said second party then the first party do hereby bind ourselves to refund to the said second party the purchase money without interest for such portion of the land as may be lost or taken away from him. In Testimony whereof we the said party of the first part hath hereunto set our hands and affixed our seals this day and year first above written. Margaret Cox Susannah Cox Mary Cox Andrew G. Cox Test Walter Chiles State of Kentucky Montgomery County Sct. I James Howard, Clerk of the Court for the county aforesaid do certify that this Deed from Margarett Cox, Susannah Cox, Mary Cox and Andrew G. Cox to Daniel S. Bradley was this day produced to me in my office by the said Grantors and acknowledged by the said Margarett Cox, Susannah Cox, Mary Cox, and Andrew G. Cox to be their acts and deed whereupon the said Deed together with the foregoing certificate hath been duly recorded in my office. Given under my hand this 17th day of January 1838. James Howard, Clk _____________________________X-Message: #2 ------------------------------------------------------------ Submitted by E-mail Registry submittor Connie Graves Date: 13 Apr 2003 Subject: [KYF] BILL OF COMPLAINT: Isham Heirs, 1821, Bourbon Co, Part 1 ------------------------------------------------------------ Bourbon Circuit Court Case #598 Jona Isham's Heirs Bill of Complaint To the Honors the Judges of the Bourbon circuit court in chancery setting your orators & oratrix Charles Oneal and Elizabeth his wife late Elizabeth Isham, Henry Bithers and Henny his wife late Henny Isham would show that the said Eliza and Henny with whom the said Charles and Henry intermarried are the children and part of the heirs at law of Johnathan Isham, that the said Jonathan departed this life on the --- day of ---- in the year of ---- leaving four children including your oratrixes Eliza & Henny, the other two being called Elish & Edward, both of whom are under the age of 21 years. Your orators & oratrixes would show that the said Johnathan Isham had when he departed this life had four negroes to wit Lindy, Moses, Peter, Jesse: that since that time the said Jesse has departed this life & that there has been since the death of said Jonathan an increase of said negroes to wit: Mariah and Rosa making in all at this time five that the said Jonathan had allso a considerable personable estate at his death, that the said Jonathan left a widow called Nicy that she administered upon the estate and has kept the possession of the whole of the estate ever since hireing out the negroes anually and receiving the money---your complaints state that they have never received any part of the estate or the property the amount of which are unable to state but believe it is considerable as the said Jonathan has beendead for many years they state that they have made frequent applications to the said Nicy for the purpose of obtaining ther part of the estate but that she allways refused to make any arrangement or to accomidate in any way whatever & still retains the whole of the estate contrary to equity and good conscence, to the end that justice may be done they pray that the said [Nicy crossed out] Unitia Isham, Elish & Edward may be made defendants to this bill and that they may be compeled to answer xc and perticularly that the said Nicy may answer and state how much she has recived for the hire of said Negroes and to whom they hired each year that she may state what are the debts owing to the estate and what is the amount of personal goods & chattels & live stock which came to her hands as the adminstratrix and allso what is now in her hands ---and the whole considered they pray that your Honours may decree a division of the negroes and alot to your complainsts ther part respectively that your Honour may allso decree a settlement of the accounts of said estate and that your complaints may have there proportions decred them, and that your Honors may decree such other & further releife as to Equity belongs & there case demands and your complanants will ever pray xc. Geo. W. Baylor for complants _____________________________X-Message: #3 ------------------------------------------------------------ Submitted by E-mail Registry submittor Connie Graves Date: 13 Apr 2003 Subject: [KYF] REPLY OF DEFENDANTS: Isham Heirs, 1822, Bourbon Co., Part 2 ------------------------------------------------------------ Bourbon Circuit Court Case #598 Jona. Isham's Heirs The answer of Nicy Isham, Elisha Isham, and Edward Isham the two last infants under the age of twenty one years by the said Nicy their guardian specially appointed to this suit, to a bill of complaint exhibited against them in the Bourbon Circuit Court by Charles Oneal Jr. These defendants saving and reserving xc for answer to said bill or so much therof as they are advised to answer, say they admit that the complaints Elizabeth and Henny are the children and part of the heirs of Jonathan Isham decd and that they intermarried with the complainants Charles Oneal & Henry Bathers. They admit also that said Jonathan departed this life on the --- day of --- about ten or eleven years ago and the defendant Nicy became his administratrix. The defendant Nicy states that an appraisment of the estate of said Jonathan was had and duly returned butt that no sale was made as there were but few debts and those she paid without selling chiefly by her own exertions. She denies that said Jonathan left considerable personal estate, and avows that there was no money left & no property besides the negros, except two beds & cloathing which appear on the appraisment, her husband and herself having only a few months, removed from Maryland, before his, the said Jonathan's, death. She denies that there was a horse or any livestock whatever. She admits she has made no settlement of her accounts as administratrix because she has had the care and management of the family ever since the death of said Jonathan and not been able to make any settlement. She denies that there were four negros at the death of said Jonathan and states there were only three, to wit, the woman Lindy, Moses & Peter, the boy Jesse was born since and is dead. She states that there are three children born since and living, to wit, Maria, Rosa, and Joshua a suckling. She states that at her husband's death she was left destitute and has since supported & reared the family of said Jonathan out or her own exertions & the little pittance in said negros. She states the woman Lindy is between forty and forty five years of age, and at the death of said Jonathan the boy Moses the oldest child of said woman Lindy was only seven or eight years old when said Jonathan died and Peter younger than him & neither worth hiring, at that time. She states the younger children of said woman are not sufficiently grown to produce hire. The woman Lindy has been a breeding woman and not worth more than her victuals and cloathes which have been furnished by the defendant Nicy to her & her children. She further states that the boy Moses has been hired for four years previous to 1822 at fifty dollars per year and this year 1822 for one hundred dollars, but the money not due until next Christmas. The boy Peter has hired two years for $40 each year, but the hire of one year was paid equally to the complainants. She states that the feathers in one of the beds were taken out and sold to pay for the coffin of said Jonathan. This defendant being reduced to absolute want at the time of this death, and she has paid $10. the physicians bill for attendance on him in his last sickness. She further states that said Jonathan left the two female complainants and two infant defendants his children, all young and helpless at his death, the oldest only nine or ten years old. She states that she has raised said children, boarded & cloathed them herself, since said Jonathans death, the complainants until their marriage which was at 17 or 18 years of age & the two others to this time, a great portion of which time they were not able to give any aid for their support by personal labour, the youngest being only three years old at her husband's death, she has also nursed them in sickness & paid physicians for their attention to them. She also states that she has had the expense & trouble of raising the negro children without any profit from the youngest ones and the boy Jesse, who died, was sick and subject to fits several years before his death and this defendant employed a Physician & paid him as she thought her duty. She states that she has done every thing which parental duty & feeling could prompt for the good of her children in the management of her husband's little estate & denies the charge of unwillingness or refusal to come to a proper & lawful arrangement with the complainants. She prays that her accounts may be settled & proper credits allowed her for debts paid & disbursments on account of the estate and the just allowance made her for raising, supporting, & clothing the children of said decedent, and the negors and also some allowance for her personal trouble, and also that her third part be assigned her as widow of said decedent. Thornton for Dft. Bourbon County Sct. Nicy Isham personally appeared before me a justice of the peace for sd. county and made oath that the allegations and statements contained in the foregoing answer so far as stated on her own information are true and so far as stated on information of others she believes them true. Given under my hand this 6th day of April 1822. Boon Ingels End of ky-footsteps-digest V03 #03 23 ************************************************************************* 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. **************************************************************************