OHIO STATEWIDE FILES OH-FOOTSTEPS Mailing List *********************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by 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. *********************************************************************** OH-FOOTSTEPS-D Digest Volume 99 : Issue 457 Today's Topics: #1 Court documents of the Trucks fami ["James McCluer" To: OH-FOOTSTEPS-L@rootsweb.com Message-ID: <003a01bec812$dd64f460$2e914b0c@default> Subject: Court documents of the Trucks family in Richland County Content-Type: text/plain; charset="iso-8859-1" Part of an Interesting series of Court documents of the Trucks family in Richland County having legal disputes over the estate of William Trucks Senior. Note the file name matches the court docket number. *********************************************************************** COURT RECORDS: 1839-9-2-i, Separate Answer of Lydia Trucks, Widow: Richland County, Ohio Copyright C 1999 by James W. McCluer. This copy contributed for use in the USGenWeb Archives. repa@worldnet.att.net ************************************************************************ 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. http://www.usgwarchives.net ************************************************************************ 1839-9-2-i The Separate answer of Lydia Trucks, Widow of William Trucks Junior and to seek ex(??) against the said William Trucks dec'd by James Holgate Sylvina Holgate, Maria Trucks and Elizabeth Slocum and to the bill of revisor by said Complainants against this Respondent and kins at Law of the said William Trucks Jun. dec'd. This Respondent saving and ordering to herself now and at all times hereafter all manner of benefit & advantage to the manifold errors amplifications insufficiences and uncertainties in complainants said Bills contained for (illegible next 3 words) so much (illegible) or she is advised in material for him to answer unto . She answers and says that it is true that William Trucks the Elder was seized? of the 410 acre tract of land in Richland County as stated and set forth in said bill of complaint with the appurtenances and that on or about the 19th day of October be conveyed the 130? acre tract to William Trucks the younger and then 70 acres to Elizabeth Slocum out of the said 410 acre tract as setforth in Complainants bill of complaint. It is also true that said William Trucks the Elder on the 9th day of November 1831 conveyed the 210 acres tract of Land of the 410 acre tract to the said William Trucks the younger by deed duly executed and delivered. But this respondent positively denies that said William Trucks the Elder was at the time the said deed of convenyance of said parcels of lands above stated & (illegible) further in complainants Bills to said William Trucks the younger and the said Elizabeth Slocum mentally deranged or impaired in his intellectual faculties but at the time he executred the said several deeds of conveyances the said William Trucks thru exam was of sound mind and memory executed the same and (illegible) of them of his own free will and (illegible) without any intimations or designations from said William Trucks the younger. Respondent further states that the said William Trucks the elder was afflicted with a cancer in his throat which was his only disease. Second Page This Respondent further states that William Trucks the Elder himself procurred Jams S. Ayers to write all the said deeds of land parcels of the said 410 acre tract to the said William Trucks the younger and to said Elizabeth Slocum without any intimations suggestions or procurement of said William Trucks the younger. that said William Trucks the Elder had Frequently & a short time previous to his making said deeds in the Bill mentioned acclaim his intentions to (illegible) of his said 410 acre trat in manner that he did dispose of the same and which intentions was well know(sic) to the complainants and complainants some of them were informed by William the Elder that he should (illegible) of said tract of land to said William Truck(sic) the younger and to complainant Elizabeth Slocum but a short time before said and for the 70 acres were made to her and in time? that he should not long live stating that he be be afflicted that the said Cancer would before a great while choke him to death. Respondent denies that said William Trucks the younger used any fraudulent or made use of any fraudulent practices in procuring or making any on either of the said deeds in complainants bill mentioned to himself or Elizabeth Slocum that said William Trucks the elder around the said James S. Ayers then a justice of the peae to write a land deed and to take the acknowledgments and certify the same and execute and deliver the same in conformance of law and the said Willaim the elder (illegible) at the several times of the exectution of the said (illegible) and of sound mind and understanding and capable of dis??ing of his property and under no instant? but the same were his own free and voluntary wits and ?? for the purpose of conveying the said lands in manner & form. Third Page It is true that said William Trucks the Elder at the time of executing said deeds was living with the said William Trucks the Younger according to his own inclinations previous by declared intention. It is also true that he was beliving? under the effects of the cancer in his throat which affected him in breathing and swallowing only, and not affect his intellectual faculties until the last moment of life (illegible) Said William Trucks was not at any time mentally deranged or impaired while he lived as this Respondent comes (illegible) and William Trucks Senior did at the house of this Respondent on the 19th Nov 1831 and this Respondent was attending upon him during his confinement to the house said William Trucks the elder was able to be from his bed until the last day of his life but could not swallow or without much difficulty. Respondent denies that any (illegible) of the (??) in complainants bill mentioned is fraudulent (??) or ?? but ?? that the same are good and effectual in law & equity in fee simple' by the execution and delivery of said deeds for the said two tracts (illegible) Respondent furtherly denies that the said William the Younger procured any or either of the said deeds mentioned in said bills to be executed by the said William Trucks the elder or that either of said deeds were made upon his suggestion or intimation and Respondent denies that said deeds or either of them are inoperative or fraudulent. on that said deeds were attained without the forescribe? and consent of the said William Trucks the elder. Fourth Page as claimed ?? set forth in said bills of complainant This Respondent admits that after the death of William Trucks the Elder the said William Trucks the Younger sold and conveyed the said 130 acre tract to one John Lite? as set forth in complainants Bill as in his good right to and r???? the considerations therefor. And Respondent denies that the interest in the said 210 acre tract ????? in the said William Trucks the Younger subject to a Condition that should pay the said Maria & Sylvina one thousand dollars each or any a??? sum whatever or that the said William Trucks ??? the same in trust for ????? or any other persons or person whatever. But the said tract of two hundred and ten acres was and is vested in the said William Trucks in (illegible) to and for his own use and benefit and behoof forever by the said deed. This Respondent denies that the said Sylvina and Maria & Holgate have any right to our t??? as maintain said Bill of Complaint against the Respondents thereto because she says that the said George Trucks is still living and in full life to wit at Mansfield in Richland County and has no heirs but should be made a part to this Bill of complaint in that of this said Maria Trucks & said Sylvina & James Holgate and of the death of said George Trucks this Respondent requires proof.* (written in left margin the length of the fourth page) This Respondent further acclaim (illegible) that the Personal and entire estate of William Trucks the Elder is more than sufficient to pay all just demands (illegible) the same without the 210 acre tract mentioned. This Respondent denies all Fraud or knowledge of Fraud ?? and having answered Pray to be (illegible next three words) of suit (illegible) to him from this County. Wm.? McLaughlin} M.? May} Lydia Trucks by her Sols.? for the Respt} atty M.? May Fifth Page The State of Ohio Richland County Personally came Lydia Trucks the widow? named defendant and made oath that the (illegible) and (illegible) in the? within answers are true in Substance and in fact as the same as stated & set forth. Lydia Trucks Sworn to me and Subscribed Before me this 20th day of February 1834 Jacob Kline Justice of the peace ue in Substance = and in fact as the same=20 as stated & set forth. Lydia Trucks Sworn to me and Subscribed Before me this 20th day of February 1834 Jacob Kline Justice of the peace=09 ______________________________ ------------------------------ X-Message: #2 Date: Tue, 6 Jul 1999 19:37:48 -0500 From: "James McCluer" To: OH-FOOTSTEPS-L@rootsweb.com Message-ID: <003501bec812$b6c3bbc0$2e914b0c@default> Subject: COURT RECORD: RICHLAND COUNTY, TRUCKS FAMILY Content-Type: text/plain; charset="iso-8859-1" Part of an Interesting series of Court documents of the Trucks family in Richland County having legal disputes over the estate of William Trucks Senior. Note the file name matches the court docket number. *********************************************************************** COURT RECORDS: Article of Agreement, Lydia Trucks & Richard A. Morton : Richland County, Ohio Copyright C 1999 by James W. McCluer. This copy contributed for use in the USGenWeb Archives. repa@worldnet.att.net ************************************************************************ 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. http://www.usgwarchives.net ************************************************************************ 1839-2-d, Article between Lydia Trucks & Richard Morton "Has no application in the case} (note by unknown) Article of agreement made and entered into this third day of March in the year of our Lord one Thousand eight hundred and thirty four between Lydia Trucks of Bloominggrove Township in the County of Richland and State of Ohio of the one part and Richard A. Morton of the township of new Haven County of Huron State aforesaid of the other part Witness that the said Lydia Trux (sic) for and in consideration of two promisory notes of hand given to the said Lydia Trux (sic) by the said Richard A. Morton on the first day of May 183? of Twenty Dollars the other due the first day of August 1834 of Twenty Five Dollars the balance to be paid as herein after mentioned Towit when the said Lydia Trucks in partition has her part set of the Estate of William Trucks deseased of who She is is a Lawfull (illegible) off to the said Lydia Then the Said Richland A. Morton of the (illegible) doth covenant and promise and agree to and with the said Lydia Trucks her heirs and assigns by these presents agree to pay unto the said Lydia Trux (sic) her heirs assigns the balance of any reamin. Now the conditions of the above Articleis this that I the said Lydia Trux (sic) do bind myself heirs and assigns to give unto the Said Richard A. Morton his heirs and assigns a warrant Deed of a certain peice or parcel of Land being the same more or less on as much as I the said Lydia heires (sic) of William Trux (sic) diseased (sic) shall have portioned to her now I do grant the said Richard the priveledges that I as heirest (sic) of the Estate of the Said Trux (sic) discused have in my power to grant and I further agree that the said Morton shall with my (illegible) locate himself on the Northwest corner of Northwest quarter of Section No 31 in Bloominggrove Township in the above county and State aforesaid described as (illegible) commensing at the Stake fo the norwest (sic) quarter above mentioned from thence running South one West Line thence East and from thence North and from thence west to the place of beginning not including one acre of land bought of the above estate by said Lydia I agree to give the Richard Morton (illegible) of as much Land so shall be portioned as above described I the Said Richard A. Morton doth bind my heirs and assigns that when a partition is made and the land valued by these per holders to say on cause to be paid by the Said Lydia the full balance if any be due on otherwise is the above promisery Notes shall over pay the said Lydia then the said Lydia doth bind herself her heirs and assigns to refund the overpayments to the Said Rcd. Morton his heirs or assigns and for the true performance of the said parties behind themselves their heirs executors and administrators and assigns in the penal sum of four hundred dollars lawful money of the United States firmly by thse presents In witness whereof the said parties to these presents have here unto (illegible) their hands and Seals Dated 3d day of March 1834 "A" presents have here unto (illegible) their hands and Seals Dated 3d day = of March 1834 "A"=20 -------------------------------- End of OH-FOOTSTEPS-D Digest V99 Issue #457 *******************************************