Montgomery County OhArchives Court.....Scott, Thomas Et Al April 1842 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Linda Boorom lboorom@fuse.net July 4, 2004, 11:45 pm Source: Montgomery County Ohio Proceedings In Chancery Written: April 1842 Montgomery County Ohio Proceedings in Chancery Pg 307-310 April Term 1842 Proceedings in chancery before the Court of Common Pleas, for and within the County of Montgomery, and State of Ohio, on the seventh day of May, and the Term of April Anno Domini Eight hundred and forty two, in a certain cause wherein- Thomas Scott et al } are complainants vs. } Bill in chancery to set aside Will & c John G. Law et al } are defendants Be it remembered that heretofore, to wit, on the thirty first day of August Anno Domini Eight hundred and forty came the complainants by their Solicitors and filed in the Clerks office of the Court of Common Please of Montgomery county Ohio, against the defendant, their Bill in chancery to set aside Will & c which is as follows, to wit, To the Honorable the President and Associate Judges of the Court of Common Pleas of Montgomery County in the State of Ohio; Your petitioners Thomas Scott, William Scott, Robert Scott, George W. Barr, Stephen T. Alexander, Caleb Reeder, Margaret B. Reeder, his wife, Robert Scott Bull, Robert Scott Gowdy, son of William), Robert Scott Gowdy, son of John, The Treasurer and Trustees of the Associate Church of North America, and Robert McCelland and Thomas Bigger Executors of Robert Scott deceased respectfully represent that Robert Scott heretofore of Montgomery county in the State of Ohio deceased by his last will gave to his wife Amelia Scott the plantation on which he lived, situate in the county aforesaid together with so much of his personal property as she should choose to keep her lifetime and at her death to have five hundred dollars to give to who she pleased, and directed the rest of his estate real and personal to be sold and the proceeds variously distributed amongst your petitioners and the defendant John g. Law and further provided that if Robert Scott Bull would live on the farm deeded to his wife and provide for her then said farm to be his after the death of his wife, otherwise the same to be sold, the Said R. S. Bull in case of his retaining said farm to make up the legacies named in said will provided there should not be a sufficiency beside of the testators Estate, as on reference to said will proved in the Court of Common Pleas of Montgomery County aforesaid and recorded in the records of said Court will more fully appear. Your petitioners further show that the said Amelia Scott accepted the provisions made for in the said Will, went into possession of the said farm and retained the same untill her death, and also under the provisions of the said Will choose and kept personal property of the Estate of Robert Scott deceased to the amount of eleven hundred and fifty eight dollars and twenty file cents. The said Amelia Scott on or about the fifteenth day of February eighteen hundred and thirty nine executed a writing preporting to be her last Will and Testament bequeathed to John G. Law all her goods and chattels, monies and effects whatsoever, and appointing John Tate and James Russell Executors, the said writing was admitted to probate in the court of common Pleas of Montgomery County aforesaid at the Term of July eighteen hundred & thirty nine and James Russell one of the executers therein named declining to act, John Tate was sworn as executor. Your petitioners charge that the said Amelia Scott at the time of the execution of the said writing was not of sound and disposing mind & memory and capable of making a will and that the said writing purporting to be her last Will and Testament by reason by her want of competency at the executuib thereof, and ought not to be sustained and held for naught. And in conformity to the provisions of the statute in such case made and provided they pray that the said John G. Law and John Tate may be required to answer this bill on their respective oaths, and that an issue may be directed to try the validity of the said Will of Amelia Scott deceased and that such other and further relief in the premises may be decreed to your petitioners as shall be conformable to law and equity and that a wit of subpoena may issue directed to the said John G. Law & John Tate commanding them to appear and answer & c. Crane & Anderson Sols. And on the first day of September Anno Domini Eighteen hundred and forty, the following subpeona as issued, to wit, The State of Ohio, Montgomery County SS, To the Sheriff of said County, Greetings, We Command you to summon John Tate Executor of Amelia Scott deceased to appear before the Judges of our Court of Common Pleas at the Court House in Dayton on the twenty eighth day of September instant to answer a petition in chancery against him and others by Thomas Scott and others, And this is shall in nowise omit under the penalty of one thousand dollars, and have them there this wit, Witness Edward W. Davies Clerk of our said Court at Dayton, this first day of September Anno Domini eighteen hundred and forty E. W. Davies Clerk Seal Said sheriff makes the following return of Service, to wit, “Served this writ by leaving a copy with the defendant September 24th.” “B. Hall Shff. M. C.” Also the following subpeona issued on the same day and year aforesaid to wit - The State of Ohio, Montgomery County s.s. To the sheriff of Warren County Greeting, We Command that you Summon John G. Law to appear before the Judges of the Court of Common Pleas at the Court House in Dayton on the twenty eighth day of September instant to answer a petition in chancery exhibited against him and another by Thomas Scott and others, And this he shall in no wise Omit under the penalty of one thousand dollars. And have then there this wit, Witness Edward W. Davies, Clerk of our said Court at Dayton, this first day of September A. D. Eighteen hundred and forty. E. W. Davies Clerk Seal Said Sheriff makes the following return of service, to wit, “September fourteenth 1840 Served this wit by leaving a copy of the same at the usual residence of John G. Law.” “Nathl Bowers Shff of Warren County, Ohio.” And afterwards, to wit, at the term of September Eighteen hundred and forty, the defendants are Ruled for answer in sixty days, and Cause Continued until next term of said Court, And on the nineteenth day of December Eighteen hundred and forty came the defendants by their solicitors and filed their Answer which is as follows, to wit, Separate Answer of John g. Law to the Bill of Complaint exhibited against him by Thomas Scott et al in the Court of common Pleas of Montgomery County Ohio. This Defendant saving and reserving to himself all benefits of exception to the errors & insufficiences in said Bill Answereth and saith, That he admits the Will & death of Robert Scott as stated in said Bill, that said Amelia Scott accepted the provisions made in said will went into possession and retained the same until her death, Respondent does not know what amount of personal property Amelia Scott kept under said Will and can therefore neither admit or deny but leaves the matter (if necessary to complainants case) for proof on his part, the Respondent denies that said Amelia Scott on or about the fifteenth day of February eighteen hundred and thirty nine executed a writing purporting to be her last Will and Testament in the court of Common Pleas of said county of Montgomery. This Respondent says that Amelia Scott made a will on the sixteenth day of December Eighteen Hundred and thirty seven in which she devised all her goods and chattels to this respondent and appointed James Russell and John Tate her Executors, that James Russell declined acting, and John Tate was sworn as Executor, and that this Will was proved at the July Term Eighteen hundred and thirty nine, this is the only Will this Respondent has any knowledge of and he consequently knows of no such paper writing owned by Complainants at the Time of making this Will the respondent says that he believed and still believes that the said Amelia Scott was of sound and disposing mind and memory and of sufficient capacity to make a will, and having fully answered prays to be dismissed with his reasonable costs in this behalf most wrong fully sustained & ? Din & Schenck, Sols for Respd J. G. Law The State of Ohio Montgomery Court S. S. Personally appeared before me a Justice of the Peace for said County the above named John G. Law and being duly sworn declares the above and foregoing Answer in Chancery to be true so far as stated from the information of others and as matter of opinion he believes to be true. Sworn and Subscribed before me this eighteenth day of December 1840. John G. Law John Folkerts J. P. And afterward to wit, at the Term March Eighteen hundred and forty one, It is ordered that in this case an issue be made up between the parties, as the Statute provides, to be tried by a Jury on the law said of this Court, I order to determine the validity of the Will of Amelia Scott deceased, and it is therefore ordered that the defendants to the bill shall file their declaration in brief answering that the paper writing in the bill mentioned purporting to be the Will of the said Amelia Scott decd is the last Will and Testament, and that the Complainants Answer the said Declaration by a plea that the said paper writing is not the Will of the said deceased, And it is further ordered that the Clerk Docket the issue so made up between the parties, among the Law assignments for trial at the next Term to which this cause is Continued. And afterward to wit, at the Term of July eighteen hundered and forty one, this cuase is continued until next term of this court. And afterward to wit, at the Term of September Eight hundred and forty one, this cause is continued until next term of this Court~ And on the eight day of October eighteen hundred and forty one the following minutes entry, was received from the Lawside of this Court by the Chancery side of same court agreeable to an order of said Court made at a previous term -- which is as full towit__ The State of Ohio, Montgomery county, s.s. September Term 1841 Montgomery Common Pleas at Law. Issue out of Chancery to try Will of Amelia Scott deceased- - Friday October Eight eighteeen hundred and forty one, Came a Jury to wit, John Cox, David Leasure, Simion Hoover, Andrew Balmer, James French, Peter Snider, Christian Smutz, John Heald, William Denver, John rouser, William Tyler, and Benjamin Idings, who were tried and sworn the truth to speak, Monday October eleventh & year aforesaid, In this case on Saturday at half past one oclock, the Jury retired to consider on their verdict, after night on Saturday, they informed the Court, that they could not agree and requested to be discharged to this counsel on both sides objected, and agreed that they should hand their verdict to the Clerk, The Jury handed their verdict to the clerk on Sunday morning at ten Oclock A.M. finding for the pltff upon the issue joined that the writing produced is the last will and testament of the said Amelia Scott deceased and that the same is a good and valid will_ The court thereupon order that the said verdict be entered as of today, an it is done accordingly. It is further ordered, this this finding of the Jury be certified and filed with the Chancery cause now pending, for which this issue was directed. I certify the above, to be a true copy from the minutes of the Court of Common Pleas setting at Law, Edwin Smith Clk. C. P. And afterward, to wit, at the term of April and on the Seventh day of May Anno Domini Eighteen hundred and forty two, This cause came on to be heard on the bill, and Exhibits, and it appearing to the Court that the issue out of Chancery heretofore ordered to be tried by a Jury, was duely tried at the September Term eighteen hundred and forty one, of this Court, and that the verdict of the Jury on the trial side of the issue joined, was that the said paper in writing produced is the last Will and testament of said Amelia Scott deceased, and the same is a good and valid Will. It is now ordered and decreed by the court here that the said verdict and finding of the Jury be and the same is hereby approved and confirmed, and the Court thereupon order and decree that the right and equity of this case being with the defendants, the Bill in this case be dismissed, and it is further ordered that the complainants pay all the costs of this case, including the Costs of said issue out of Chancery, and trial on the Law side of this Court, within thirty days, or that in degault thereof, Execution issue for the same as?? Law Notice of Appeal by the complainants September 1840 Dismissed P. 92 C $5.95 C. 339 Submitter’s note: "Montgomery County, Ohio, Chancery records, 1824-1854" by Rose Shilt makes reference to another suit which appear to also be in regards to settling Robert Scott’s estate & that of Amelia Scott’s. When in Dayton Dec. 2002 I apparently did not obtain this information from this 2nd suit. The information contained in the book mentioned above is: pg 98: McCelland, Robert & Thomas Rigger (sic) exe. of Robert Scott dec'd vs Thomas, William & Robert Scott, George W. Barr, Stephen Alexander, Caleb Reeder & wife Margaret, John G. Law, Robert Gowdy, Robert Scott Gowdy s/o William Gowdy, Robert Scott Gowdy s/o John Gowdy, John Tate exe. of Amelia Scott dec'd. & Trustees of Associate Synod of Phila. 1 Oct. 1839 To settle accounts. Robert Scott dec'd 15 Feb 1839 & owned ca 75 acres Greene Co. & lot in Centerville, O. He left wife Amelia (now dec'd) Heirs named: Thomas Scott of Bourbon Co., Ky., brother; William Scott of Fayette Co., Ky. brother; Robert Scott of Harrison Co., Ky. s/o John Scott, brother; George M. Barr of Iowa Territory; Mary B. (Margaret B.) Stiles now w/o Caleb Reeder; John Law; Stephen T. Alexander of Clermont Co., O; R. Scott Bull of Greene Co., O; Robert Scott Gowdy s/o Wm. of Clark Co., O.; R. Scott Gowdy s/o John of Ind.; (pg. 14 & Vol G. pg 307) Additional Comments: Thomas Scott, William Scott, Robert Scott, George W. Barr, Stephen T. Alexander, Caleb Reeder, Margaret B. Reeder, his wife, Robert Scott Bull, Robert Scott Gowdy, son of William), Robert Scott Gowdy, son of John, The Treasurer and Trustees of the Associate Church of North America, and Robert McCelland and Thomas Bigger Executors of Robert Scott deceased vs John G. Law and John Tate File at: http://files.usgwarchives.net/oh/montgomery/court/gwl7scott.txt This file has been created by a form at http://www.genrecords.org/ohfiles/ File size: 15.0 Kb