Logan County KyArchives Wills.....Haden, William Sr. January 1820 ************************************************ 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: Kay Haden http://www.genrecords.net/emailregistry/vols/00030.html#0007413 December 20, 2011, 8:20 am Source: Lds Microfilm #0364609; Logan Co Ky Will Book C Written: January 1820 Settlement of the Estate of William Haden, Senr. He died witihout a will, probably late in the year 1819, or early January of 1820. My comments in brackets. Logan Co KY Will Book B, LDS Microfilm #0364609 p. 280 List of property of the Estate of William Haden Senr dec'd appraised the 20th of January 1820. Included: cherry table, clock, 1 dozen Windsor chairs, a Bible & other books, looking glass, widow curtains, 5 horses, cattle, hogs, sheep, geese, carriage, crop of tobacco, crop of wheat, corn, oats, shocks of hemp, a bell, and 25 slaves. Arthur Slaughter, Taylor B. Drake & Jos. Smith. 17 Apr 1820 the appraisement was presented in court & ordered recorded. Spencer Curd, Court Clerk WB B, p.343-345 4 Jan 1821 Division of the slaves of William Haden, dec'd. Commissioners: James Wilson, William Kercheval Sr., Chatham Ewing. Administrator: James Haden. Widow's dower allotted. Heirs: James Haden, Joseph Haden, William Haden [Jr], John M. Haden, dec'd - his children [sons - John M. and William F.]; Samuel Haden, Polly Haden Wilson who married John Wilson, Milly Haden Whitsett, dec'd, who married William Whitsett [left three daughters - Elanor, Ann Haden and Sarah Whitsitte] , Sally Haden Procter, dec'd, who married Thomas Proctor [three daughters - Mary, Aurora and Sally Proctor], Benjamin Haden, dec'd [left a son Benjamin], Nancy Haden Porter who married William Porter, and Sally Haden the Younger. WB B, p.349-350 19 Feb 1821 Dower lands laid off for widow of William Haden, dec'd. Commissioners: James wilson, William Kercheval Sr., Chatham Ewing. Admin: James Haden WB B, p.502-503 7 Apr 1823 Commissioners Charles Morehead & William J. Morton, two of the Commissioners appointed at the January Term 1823 to settle with George W. Morton & Rebecca Haden, Admrs of James Haden, dec'd, who was Admr. of William Haden Dec'd, settlement. Included some of the following: Amt of sale of negroes rendered by Geo. Morton: $2904.21 Notes due included: Lowry Bishop. Wm. Porter & S. H. Haden. Ben Porter & Jno Wilson.. Ben Proctor & David Poor. G. W. Porter & S. H. Haden, Saml. H. Haden. Thos Proctor & Wm Whitsitt. Sarah Haden & S.H. Haden, Thomas Proctor. Wm Haden. Ben Temple, Wm Whitsitt & Wm Haden, Wm Whitsitt & Wm Comfort, Jos. Haden's acct Paid included; Lawyers Fee, Logan Co Sheriff, James Haden's Services as Admr, James Haden's acct. Found in the hands of the Administrators from sales and hire of Negroes, $2904.21 1/2. Disbursements of $529.90. Total amount in the hands of the Administrators, $2235.09 3/4 and an amount against Jos. Haden for $39.50. Report was ordered recorded 7 Apr 1823. Spencer Curd CLCC Logan Co KY Will Book C, LDS Microfilm #0364609 p. 131 Agreeable to an order of the Logan County Court issued at the October Term 1824. We Arthur Slaughter & John McCutcheon Commissioners met at the house of Wm Haden [Jr] according to Appraisement for the purpose of Settling with Sd Haden, Adm of Wm Haden dec’d and do report as follows. Viz. That there is in the hands of sd Haden Bonds not due Bond on James G. Proctor due 1 Jan 1825 Do on Lowry Bishop Do on Wm Porter due 1 day of Jany 1825 Cardwell Breathitt due 1825 Wm Comfort due 1 Jany 1825 Thomas Proctor due 1st Jany 1825 Due sd Haden, Adm $90 due 1st Jany 1825, due 20th Feb 1825 $100 Credit of $30 given Thos Proctor on his note for several Invalid Negroes belonging to the Estate of Wm Haden Dec’d By ____ paid to Thos Blakey Paid to Charles Moman [sic - probably Morman] for service rendered to the Estate By Cash paid to ????? for Sally Proctor, Heir Cash paid to Wm Procter, Heir Cash paid to Saml Haden Guardian for Sally Haden, Heir Signed: Dec 3 1824, Saml McCutcheon, Arthur Slaughter 3 Jan 1826, Settlement with Wm Haden, Admin of Wm Haden Dec’d was recorded. [The youngest daughter of William Haden was only about age 6-8 at the time of her father's death. Both the widow, Sally, and the first administrator of the estate, son James Haden, died before the estate was settled. At the division of the slaves, land division was deferred. The estate was actually not settled until a court case in 1832.] Case before the Court of Appeals of Kentucky. Reporter: 30 Ky. 168 Wm Haden, et al. v. James Haden's Heirs, et al. Apr 10, 1832 William Haden, Sr., died intestate in Logan Co leaving an estate in land, slaves and chattels and leaving a widow with eleven children. In Dec of 1820, the county court of Logan appointed commissioners to divide among the children, the land and slaves. No division of land was made and only the slaves that hadn't been assigned to the widow for dower were divided. Most of the children had received advancements - some had received land and slaves; other had only received slaves. All of those except William Haden [Jr] to whom land had been advanced refused to bring into hotchpot what they had receive and waived right to slaves then distributed, but reserved a right to distributive interest in whatever estate might afterwards be distributed Slaves were assigned to those who consented: William Haden [Jr], Porter & wife, Benjamin Haden, Sally Haden, the children of Mrs. Proctor, the children of Mrs. Whitset. Only William had received land. The distribution was made to equalize the total value which each had received and after taking the land into consideration, William Haden received much less than the others. In 1825, the widow having died, suit was instituted in chancery by William Haden, Porter & wife, and Wilson & wife, for distribution of the dower slaves and land. All the parties, except the heirs of James Haden, accepted the distribution formerly made by the commissioners and were unwilling to disturb it. Of those who had received land, William Haden was the only willing to put it in the hotchpot. Samuel Haden declined all participation in the distribution [he had received his share as shown by a deed in 1822] The circuit court disregarded the earlier distribution by the commissioners, and caused a sale of the dower slaves and decreed distribution. The circuit court attempted to equalize the ten shares by taking into estimate the previous advancements in value of the slaves. The Court of Appeals reversed the decree of the circuit court. They could find no reason for disturbing the first distribution of the county court, since by doing so Wilson & wife, Joseph Haden's heirs and the heirs of John M. Haden, must take more they they asked for, or seemd to consider themselves entitled to. In the distribution of the slaves, the parties who had received advancements in land, were not according to the law then in force, bound to account for the value of that land, but the parties concerned seem to have done so and been satisfied except for the heirs of James Haden. James Haden, himself, concurred during his lifetime and was never disturbed by him. Those whose estates were equalized by the county court, should be deemed in the final distribution, to equal shares in the total estate remaining for distribution and they are entitled to any land subject to partition as the other four distributees were unwilling to be charged with the advancements made to them in land. In the distribution of the slaves that were yet undistributed, the rule established in ordinary cases must be applied to Wilson & wife, Joseph Haden's heirs, the heirs of John M. Haden, and James Haden and the value of advancement should be made accordingly. The amount advanced to each of the ten distributees and the amount which each shall have received since the distribution of the county court should be ascertained and the portion to which Wilson & wife, Joseph Haden's heirs, the heirs of John M. Haden & those of James Haden, should be assigned to them. The residue and the land remaining for partition should be divided into six equal parts and assigned to the other six, Samuel Haden being unwilling to account for advancements, will be entitled to nothing. The slaves distributed by the county court should not be taken into consideration - they should receive their part as if those slaves had not existed, or as if they had been divded among all ten. He who refuses to enter into hotchpot is entitled to no share. Those who waived their claims to shares in the slaves distributed by the county court will have no cause to complain. [this would apply to the heirs of James Haden.] As James Haden was the administrator of Wm Haden, his personal representative should be a party, and any amount still in his hands or in the hands of Wm. Haden, administrator de bonis non, should be considered in the final distribution. Decree reversed and case remanded for further proceedings and proper decree. [John Breathitt, later Governor of Kentucky, was attorney for the defense.] File at: http://files.usgwarchives.net/ky/logan/wills/hadensen512gwl.txt This file has been created by a form at http://www.genrecords.org/kyfiles/