LEWIS POWELL VS CHARLES
HART, JR.
MERCER COUNTY KENTUCKY COURTJudgement Box P#24
June 1828 - July 1828
Sept. 1828 - March 1828
1830 - 1832
Lewis Powell Statement Charles Hart Answer Martin Bottoms 1 Eli Hart Thomas R Crain David Henry 1 Benjamin Thomas 1 Thomas Crawford Sr. 1 William Duncan John Kimberlin 1 Henry Powell 1 Thomas Crawford Sr. 2 David Powell 1 James Schooling
State of Kentucky To Wit:
To the Clerk of Mercer Circuit Court
To Wit: You are hereby authorized and directed to issue a subpena and writ of injunction agreeable to the prayer of the within bill, inhibiting and injoining the defendants thereof of Mercer and all others from all further proceedings on the judgement in the bill commissioned until the further order of Mercer Circuit--But said writ ? ? ? ? ? until the county? shall execute bond in your ? with security to be approved of by penalty of Five Hundred Dollars as the law directs. Given under ? of the Judges of the Circuit ? ? ? late ? the 7th day of Ap?
John ???To the Hon. the Judge of the Circuit Court for the County of Mercer in Chancery sitting, your orator, Lewis Powell, hereby complaining respectfully herewith. That heretofore, To Wit, some short time before the 15th day of October in the year 1820 a certain Charles Powell of the County of Washington departed this life instate leaving his widow Lea Powell and twelve children all of whom were infants under twenty-one years of age. That letters of Administration were in some short time after his death granted in due form upon his estate by the Washington County Court to a certain Charles Hart, Jr. of the County of Mercer who in fulfillment of the duties of his office caused the personal estate of his in? the said decedent to be regularly appraised and exposed to sale to the highest bidder upon a credit of twelve months as will more fully appear by true and certified offered? copies of the said appraisement List and sale bill now filed herewith as parts of this bill.
He states that the said Charles Powell was at the time of his death considerably embarrassed that he possessed no real estate and his personal property amounting as will be seen by the appraisement and sale bill aforesaid only to the sum of $553.73 3/4 was considered by those acquainted with his situation to be ? ? ? ? to the payment of his debts. That a large proportion of his property amounting to the sum of $413.561/4 was at the time of the sale purchased by the widow Lea Powell his widow who in order to discharge the debts of the instate was ? by the administrator to enter bond with security for the amount of her purchases. That the said Lea Powell the widow accordingly on the said 15th day of October in the year 1820 ? entered to said administrator her bond for the payment of the said sum of $413.56 1/4 together with your orator and a certain Robert Burton and James Jones as her securities and took possession of the property so purchased by her. That the said Lea Powell the widow continued to live in the neighborhood of the said Charles Hart, Jr. the administrator, having with her and supporting the children of her deceased husband and at all times able to discharge the amount of the said debt. That the said administrator ? ? ? ? property that the said Lea Powell had discharged all the debts against the estate and had paid him all that she was owing to him as administrator aforesaid and that the property which she then had was her own free from any claim or encumbrances whatever. And accordingly at the August term of the Washington County Court in the year 1824 the said administrator made a settlement with the said County Court through the ? of commissioners in which it appeared that he had ? the estate of the said decedent and had actually paid out about $17 more than the amount of the said estate. That sometime after the death of the said decedent ? on or about the day of in the year 182 the said Lea Powell the widow intermarried in one form of law with a certain Benjamin Voiles with whom she lived as well as your orator can recollect for between two and three years. When the said Ben==Viles left her and has not since been heard of. That the said Lea remained where they had formerly lived and was frequently at the home of the said Administrator until sometime in the Month of August in the year 1827. When she departed this life. During all which time your orator states no claim was set up pursued? or assured? by the said administrator for any alleged balance upon the said note against the said Lea or her securities, but the said administrator again and again gave it out in speeches that the said Lea had paid off every claim against her and was the absolute owner of her property and actually settled his accounts with the Court showing the ? and disbursement of all amount equal to the whole of the estate of the said decedent. He states that since the death of Lea the said administrator has filled a suit against your orator and the other securities aforesaid of the said Lea in the note aforesaid and at teh last term of the Mercer Circuit Court in the year 1827 secured judgement against them for $186.50 besides interest and costs which have never been compiled to date and will soon be compelled to pay unless restrained and relieved by the interposition of the Chancellor. He here refers to and makes a true and certified copy of the record and proceedings of the judgement at Law aforesaid a parr o this bill. He states further that on 28 August in the year 1807, the said Charles Powell together with your orator as his security ????? note to a certain Jeremiah Briscoe for payment of fifty doollars with interest from the date payable in eighteen months after the death of Sarah Powell, the mother of your orator, that on the 12th day of January 1828 he paid off the full amount of the said note and took assignment thereon now filed here as a part of this bill and that there was at the time of its payment aforesaid by your orator near sixteen year? interest due thereon that the said Sarah Powell is now about eighty years of age and cannot in ordinary circumstances of nature survive many more years to come. Should your orator be successful in showing that the amount of the note ot the said administrator has been paid by the said Lea during her lifetime in as much as the estate of the said Charles Powell is exhausted he prays that the interest upon the note last mentioned which is now due and the principle which most unavoidably will be due in a few years, may be set off against so moch of the judgement in favor of the said administrator.
Now so it is may it please your honor and for as much to the end of that your orator may obtain justice in the preliminaries he prays that the said Charles Hart Jr. Administrator as aforesaid and the said Robert Burton and James Jones his co-securities in the note afroesaid and Thomas Hardgrave and Thomas Hungate the securities in the ?? bond aforesaid may be made defendants to this bill and that they may be compelled to answer the same under oath accordingly to the practice in the chancery. He prays that in the mean time the said Charles Hart and all other concerned may be enjoined and restrained from all further proceedings upon the said judgement at Law until the matter set forth in this bill cen be heard in equity and that upon a final hearing the said injunction may be made perpetual. He prays that the siad Charles Hart Jr. may say upon his oath wheather the said bond was not paid off in full by said Lea during her lifetime? Has he not said so? Has he not settled his accounts as administrator aforesaid showing recapture and disbursment of the full amount of the estate of said deceedent during the lifetime of said Lea?
He prays the commonwealth ?? of the ?? with injunction restraining and foresaid other and further general relief now and at all times hereafter as may be con?/ with equity and appliable to his case and as is the duty bound he prays.
Lewis Powell
name non legible counsel for Complainant
We hereby release all ?/ in the judgement and proceedings at Law prayed to be enjoined by the foregoing bill in chancery given under our hand and seal this 11th February 1828.
clerk? same name as above Lewis Powell Robert Burton
CHARLES HART JR.
ANSWER TO COMPLAINTThe answer of Charles Hart Jr. Administrator of Charles Powell decd. to a bill in Chancery filed against him in the Mercer Circuit Court by Lewis Powell. This defendant saying for answer says. He admits the death of Charles Powell, that he left a widow and children and that this defendant administered upon his estate as in the bill stated. He had the estate legally appraised and exposed to sale as stated in said bill. It is true Dec'd. had no real estate, that he was much embarrassed and his personal estate was considered inadequate to the payment of his debts, It is also true that a large proportion o the property was purchased by the widow as in said bill stated and she was required for the purpose and with the object in view as stated in the bill to execute bond security for the amount of her purchase, and she and her securities did execute the bond in the bill mentioned and took possession of the property so by her purchase. He denies most positively that the said Lea Powell or any one else for her ever did pay off said bond or in any manner discharge the same, any further or to any greater extent than is credited on said bond and for which the proper credits were given on said bond and in the judgement at law and denies that he has made such declarations as charged in the bill. It is true that this defendant has made one or more settlements with the Washington County Court, by which it will appear that said estate is fully administered and that there remains nothing unadministered, and that he has by advancing his own money and services, made disbursements to the whole amount of said estate. He considered the bond executed by her and securities, her brother in law and friends as good and ample for the amount, the defendant as it carried interest and he could afford to be out of the use of and as the widow was poor and had a large family of children, he chose to indulge her as he had a right to so. It is true she intermarried with Viles as in the bill stated. Which did not better her situation and also that Viles ran away which may somewhat have relieved her from a worthless husband. And it is true she lived sometime in the neighborhood of this defendant without ever paying said balance due on said bond. And without this defendant choosing to coerce her, or admitting or saying she had paid up said defendant.
It is also true that she has died and left some property, and this defendant has been informed and believes it to be true and so charges that soon after the death of said Leah the Complainant and Burton on bond of his cosecurities, knowing their liability for the balance claimed and due upon this bond, have actually secured, taken possession of and sold as their own sufficient of the property left by said Leah to pay off the judgement of this defendant against them and taken bond to themselves. Which fact, if deemed material this defendant has no doubt he can satisfactorily prove. He admits the institution of his suit at law and recovery of judgement for $186 50 cents Interest and costs as the balance due and unpaid on said bond. This defendant does not deny that Charles Powell and complainant may have executed the note of $50 to Briscoe and that complainant may have paid or purchased it, but he most emphatically denies that complainant has any right now to set it off against this defendants judgement.
This defendant as complainant states has fully administered and paid out the whole amount of the estate and certainly he must be entitled to collect the bonds given to him as a part of the proceeds of the sale. Otherwise he must lose all he advanced of his own money. And this is the first time he has ever heard of an Administrator being required to pay up first the full amount of the sale bill and then also to pay to creditors the proceeds of the bonds taken by him for the sale money. In answer to the interrogators he says said Leah did not pay up the whole of said bond, nor any more than is credited on it nor has any other person. Nor did he ever say she had. He has made his settlements as before stated with the county court of Washington.
1828 June the 3rd sworn to according to law in the clerks office.
Thos. Allin clk Hart }and } Powell } ANS
Mercer County To Wit.
The forgoing depositions of Martin Bottoms, Eli Hart, Tarlton L. Crain, David Henry, Benjamin Martin was taken, subscribed and sworn to by each of them before the undersigned a justice of the piece? for said county at the time and place and for the purpose stated in each of the captions thereof given under my hand this 17 day of June 1828.
Nelson Mays J. ?
This deposition of Martin Bottom taken in Perryville City, consent of parties this 14th day of June 1828 to be read as evidence in a certain suit in chancery now depending in the Mercer Circuit Court wherein Lewis Powell & others are Complainants and Charles Hart, Jr. Adm. of Charles Powell dec'd. is defendant-- This deponent of lawful age & duly sworn and being interrogated by the Deft. deposeth and said this: That he heard Charles Hungate say that if complainants (Powell & Burton crossed out) would give him five dollars he could or would clear them of the Note on which said Hart had sued them--
QUESTION BY DEFENDANT:
Do you or do you not know that Charles Hungate the deponent and myself have been at law and have been unfriendly for some years past.
ANSWER:
I believe you have.
QUESTION BY SAME:
Did you or did you not hear him , Hungate, threaten to kill me and if so how long since.
ANSWER:
About nineteen months ago I went in company with you to the residence of deponent Hungate, to demand a ? bond that said Hungate held? of you who informed him that he had filed a deed in the clerks office and wished to lift his bond and that Hungate then got in a passion and took up an axe and told you if you did not go away he would kill you, and told one of his boys to go to the house and bring him the gun---------
QUESTION BY COMPLAINANT:
Mr. Bottom, what reason did said Charles Hungate give when he told you that he could or would clear said complainants of said debt ? ? ?
ANSWER:
He said it had been paid, that he knew all about it.
QUESTION BY SAME:
Have or have you not been acquainted with Charles Hungate for many years and if so what is his general character.
ANSWER:
I have been acquainted with him for a number of years, his general character is about as common and further this deponent saith not.
Martin Bottom
This deposition of Eli Hart taken at the same time and place and to be read as evidence in the same suit as the foregoing depositions. This deponent being of lawful age and duly sworn and being in interrogated by the Deft. Hart deposeth and saith--
QUESTION BY DEFENDANT:
Do you or do you not know that Charles Hungate and myself have been unfriendly for a number of years.
ANSWER:
I believe that you have from words that I have heard said between you.
QUESTION:
Do you or do you not know that Charles Hungate and myself have been at law for a number of years
ANSWER:
I do from information
QUESTION:
Do you or do you not know that he threatened to kill me.
ANSWER:
I do know that he did.
QUESTION BY COMPLAINANT:
When did that threat take place and what were the circumstances that led to the threat by said Hungate.
ANSWER:
At Charles Hungates in his lane in consequence? of the tender of a deed being ? to him. and further this deponent saith not.
Eli Hart
The further taking of depositions is discontinued until Monday next by consent of Parties--June 14th 1828.
N. Mays J. P.
The deposition of Tarlton L. Crain taken by consent of parties in Parryville this 16th day of June 1828 to be read as evidence in the same suit as the foregoing depositions this deponent of lawful age and duly sworn deposeth and saith, That he was present at the sale of the property of Benjamin Voiles and Leah Voiles formerly Leah Powell late widow of Charles Powell dec'd. made by Lewis Powell, Robert Burton and James Jones.
QUESTION BY DEFENDANT HART:
Did you or did you not understand from those men what there object was in making said sales.
ANSWER:
I understood from complainant Lewis Powell that they (crossed out--said property to make themselves safe against a Note which said Hart held Charles Hart Adm. of Charles Powell dec'd.against the widow of the decedent and them as securities) were security for the widow Powell for property purchased by her at the sale of her deceased husband Charles Powell and that the Adm. of said Charles Powell dec'd. had brought suit against them and that they were selling said property to make themselves safe against said debt.
QUESTION BY SAME:
Did you or did you not act Clerk for said sale.
ANSWER:
I did.
QUESTION BY SAME:
What was the amount of said sale.
ANSWER:
There was property sold to the amount of One hundred and Seventy Four Dollars Ninety Three & 1/4 cents as per copy of sale bill marked A and herewith filed and which this deponent makes a part of his deposition.
QUESTION BY SAME:
Did you or did you not hear Complainants Powell and Burton say they had sold property enough at said sale to make themselves safe.
ANSWER:
I heard Powell say they intended to sell enough property to make themselves safe but did not wish to sell more.
QUESTION BY SAME:
Do you or do you not know that some of said property did not sell for more half it's value.
ANSWER:
Some of the property sold very low.
QUESTION BY SAME:
Would you not have given more for some of the property than it sold for, had it been a legal sale.
ANSWER:
I would have given more for some hogs than they sold for if the sale had been a legal one.
QUESTION BY COMPLAINANT:
Was or was not the sale generally known of throughout the neighborhood.
ANSWER:
I believe it was.
QUESTION BY SAME:
Did you or did you not see any disposition on the part of either Powell or Burton for said property to sell for less than its value.
ANSWER:
I don't know that I saw any deposition in them for the property to sell for less than it's value, but that they contended that what property I should sell.
QUESTION BY SAME:
Do you or do you not believe either Powell or Burton are good for the amount of said sale of property if the legality? was questioned.
ANSWER:
I don't know, I expect they are, I should not be afraid to risque them for that sum.
QUESTION BY SAME:
Was or was not Leah Voiles a widow when she died.
ANSWER:
I never heard of the death of Voiles.
QUESTION BY SAME:
Was said property that was sold at said sale the property of said Voiles or do you know who it truly? belonged to.
ANSWER:
I don't know who the property belonged to.
QUESTION BY DEFENDANT HART:
Do you or do you not know that the Widow Powell lived out of my neighborhood a good part of the time during her widowhood.
ANSWER: She did.
QUESTION BY SAME:
Did she or did not live in my neighborhood at the time of her death.
ANSWER: She did not and further this deponent saith not.
Tarlton L. Crane
DAVID HENRY #1
DEPOSITONThis deposition of David Henry taken at the same time and place to be read as evidence in the same suit as the foregoing depositions. This deponent of lawful age and duly sworn deposeth and saith, That he cried the sale of a charles Powell Dec'd..
QUESTION BY DEFENDANT HART:
Did you or did not write the original bond on which Hart brought suit against the complainants in this case.
ANSWER:
I believe I did.
QUESTION BY SAME:
Was you or was you not called on to cry the sale of the property of the widow of the said decedent Powell after her death.
ANSWER:
I was indirectly called on and went there, but did not do it.
QUESTION BY SAME:
What were the terms of that sale and what was it made for.
ANSWER:
Their terms was a credit of three months by the purchaser giving bond with approved security? and the sale was made to secure complainants Powell, Burton and James against a bond held by Deft. Hart as Adm of Charles Powell dec'd. against the widow of said decedent and them as her securities.
QUESTION BY SAME:
How did that property sell.
ANSWER:
There was some of ? sold low and some was not to begrumbled at.
QUESTION BY SAME:
Did you or did not after the sale was over hear more money offered for some of the property than it had sold for.
ANSWER: I did.QUESTION BY SAME:
Did you or did you not hear them say they would sell it if it did not bring half of it's worth.
ANSWER:
I did not, but in a consultation with complainant Powell and pointing out to him the consequences that ? ? ? ? turned off with an oath, that he would sell property enough to make him safe if it did not bring one cent to the dollar.
QUESTION BY SAME:
Have you or have you not any knowledge of the hostility of Charles Hungate towards me.
ANSWER:
I have, about last February one year ago I had a conversation with said Hungate at my Sugar Camp and said Hungate proposed to give me half of what damage could be obtained against said Hart, I told him that I had not tender? enough to do a thing of that kind. Then the said Hungate observed if I had not, he did not know who had for he had been consulted to come to me for that purpose. I consented to do so on certain conditions which were as follows, If he would produce such evidence as in my opinion would defeat Hart, at the same time he expressed himself that he would. Further that the bond would be lost that he could have that full on Hart.
QUESTION BY SAME:
What was his threat against me.
ANSWER:
He told me that said Hart came to his house to demand a title Bond and he the said Hungate became insulted and said if Hart had not went away at the time he told him he would have shot him and he spoke many other hard things of Hart at that time and frequently since.
QUESTION BY SAME:
Do you or do you not know that said Widow lived longer out of my neighborhood than in it during her widowhood.
ANSWER: I know she did.
QUESTION BY SAME:
Did she or did she not live out of my neighborhood when she died.
ANSWER: From the best information she did.
QUESTION BY COMPLAINANT:
What is the greatest distance that said Widow lived from said Hart during her widowhood.
ANSWER:
I don't think that it is more than about Seven miles and a half, but to go the way they generally go it is about Ten miles.
QUESTION BY COMPLAINANT:
How long did she live that distance during her widowhood.
ANSWER: I do not know.
QUESTION BY SAME:
When at the sale of the property spoken of Did Powell or Burton seem? disposed to buy to buy in said property for less than it's value. That is the property that was sold at the Hands of Benjamin Voiles.
ANSWER:
I think not, and further this deponent saith not.
D. Henry
BENJAMIN THOMAS
DEPOSITONThe deposition of Benjamin Thomas taken at the same time and place to be read as evidence in the same suit as the foregoing. This deponent being of lawful age and duly sworn deposeth and saith.
QUESTION BY DEFENDANT HART:
Did you or did you not live a close neighbor to Leah Voiles formerly Leah Powell widow of Charles Powell during her last illness.
ANSWER:
I did.
QUESTION BY SAME:
How long was she confined to her bed in her last illness, before her death.
ANSWER:
I think nine or ten months.
QUESTION BY SAME:
Do you or do you not know that at the time of her death, her residence was out of my neighborhood.
ANSWER:
I believe it was.
QUESTION BY SAME:
Do you or do you not know, that she lived a great part of her time out of my neighborhood during her widowhood.
ANSWER:
I believe she did.
QUESTION BY SAME:
Was you or was you not present at the sale of the property of Leah Voiles formerly Leah Powell, made by Complainants Powell and Burton and James.
ANSWER:
I was
QUESTION BY SAME:
What was your understanding that sale was made for.
ANSWER:
My understanding from them was that it was made to secure them against a debt they were bound for to Charles Hart, Jr. Adm of Charles Powell dec'd. the widow of said decedent.
QUESTION BY SAME:
Did you or did you not in conversation with Complainant Burton, hear him say that Complainant Powell could take an advantage of Hart by enjoining? the debt but that if he did it would not be just.
ANSWER:
I did and he added that he knew all about it and he further saith not.
his
Benjamin X Thomas
markThe further taking of depositions is discontinued tomorrow 10 O'clock, June 16th 1828.
N. Mays J. P.
THOMAS CRAWFORD SR. #1
DEPOSITONThe deposition of Thomas Crawford SR. taken this 17th day of June 1828 agreeable to adjournment to be read as evidence in a certain suit in chancery now pending in the Mercer Circuit wherein Lewis Powell, Robert Burton, and James Jones are Complainants and Charles Hart, Jr. Adm. of Charles Powell Dec'd. is Defendant. This deponent of lawful age and duly sworn and being interrogated by the defendant Hart deposeth and saith, That from his expressions of Charles Hungate he has good reason to believe he has been hostile to Deft. Hart for a number of years past.
QUESTION BY DEFENDANT HART:
do you or do you not know that said Hungate and myself have been at law for a number of years.
ANSWER:
I have understood so for you both.
QUESTION BY SAME:
Did you or did you not hear said Hungate say that he had run me.
ANSWER:
I did.
QUESTION BY SAME:
Do you or do you not know that said Hungate tryed to purchase form Olaniow? the land that I sold to said Hungate (provided? Obarrion recorded said land) with a perfect knowledge that Obannion had pledged himself to let me have said land.
ANSWER:
I know that Hungate tried to purchase said land, but as to his having knowledge that Obannion had promised or not is what I don't know, and further deponent saith not.
Tho. Crawford
JOHN KIMBERLAND #1
DEPOSITONThe deposition of John Kimberland taken by consent of parties, in the town of Perryville, this 13th day of June 1828, to be read as evidence in a certain suit in Chancery now pending in th Mercer Circuit Court, wherein Lewis Powell & others are complainants, and Charles Hart, Jr. Adm. of Charles Powell ded'd is defendant. This despondent of lawful age and duly sworn deposeth & saith-- That he was one of the commissioners who made the settlement with Charles Hart, Jr. Adm. of Charles Powell dec'd, & that his impression now is that at that time there was six of the legatees of said decedent entitled to about Seven Dollars each and that his impression now is that said money coming to P. legatees was in the hands of Benj. Voiles who married the widow of said decedent.
QUESTION BY COMPLAINANT:
Was or not the above named sum the full amount due by said ? the widow of said decedent to said estate--
ANSWER:
It was so far as came under our nature with the exception of the law? of the adm. for his services.
QUESTION BY COMPLAINANT:
Do you think the charge exhibited by the Adm. of said estate for his services a reasonable one or not.
ANSWER:
Mr. Hart the Adm. made no special charge, but laid an account before us in which he showed what services he had rendered and what he had expended and told us to allow him what we thought proper and that I then thought there was too much allowed, but yielded to the majority---
On being interrogated by the Deft. this despondent saith, that after having some knowledge from experience of the difficulties of an administrator, he has since changed his opinion and would now be for allowing more than he then was at the time of settlement.
QUESTION BY SAME:
Do you or do you not know that the widow of said decedent was down and confined to her bed with dropsy, six or eight months before she died.
ANSWER:
She was confined a long time before her death, at least six months--
QUESTION BY SAME:
Was she or was she not a near neighbor and an intimate acquaintance of yours.
ANSWER:
She was an acquaintance of mine for twelve or fifteen years and a near neighbor the greater part of that time.
QUESTION BY SAME:
Did or did she not live six or seven miles from me at the time she was your neighbor and immediately before her death.
ANSWER: I think she lived about six miles from your house--
QUESTION BY SAME:
Did or did she not live during a part of her widowhood entirely out of my neighborhood--
ANSWER: She did--
QUESTION BY SAME:
Was or was she not as well qualified to trade and contract for herself as any woman in your knowledge.
ANSWER: I think she was as much so as common women..
QUESTION BY SAME:
Was or was she not frequently under the necessity of contracting for herself and family.
ANSWER: I think she was--
QUESTION:
Do you or do you not believe that she would suffer a note or bond to remain out against her after it was paid off--
ANSWER:
I think she was too greedy and grasping a woman to suffer any advantage to be taken of her papers? as thuswise--
QUESTION BY SAME:
Do you or do you not believe that if there was a note or bond against her and she was to have paid a part at sundry times, she would have seen or known that her proper credits was entered.
ANSWER:
I think she would not, as she was one of the tightest kind of women.
QUESTION BY SAME:
In what terms did she speak of me relative to the transaction of her business.
ANSWER:
I never heard her speak unfavorably of you, but always spoke of you as a friend.
QUESTION BY COMPLAINANT:
Was or was she not quit an illiterate woman.
ANSWER: I think not--
QUESTION BY SAME:
Do you or do you not know that she could not write her name.
ANSWER:
I don't know, I saw her use? make her mark when filling up an instrument of writing--
QUESTION BY SAME:
How far did she live from Deft. Hart at the time spoken of that moved out of the neighborhood.
ANSWER: About eight miles.
QUESTION BY SAME:
Did or did not said Hart claim for his services against the widow or was he allowed it against the Estate of said decedent.
ANSWER: It was certainly allowed out of the Estate--
QUESTION BY SAME:
Did or did you not ever hear said Hart claiming anything further of her as Adm. than this amount agreed upon by the commissioners until after her death--
ANSWER:
I don't recollect of ever hearing Mr. Hart say anything about any claim since that settlement until after the death of the widow, except once a short time before her death at her own house he told me he went with a view of naming a settlement but finding her (the widow of said decedent) in so low a state of health he hated to name it to her--and further this desponant saith not.
his
John X Kimberlin
mark
HENRY POWEL #1
DEPOSITONThe deposition of Henry Powell taken at the same time and place to be read as evidence in the same suit as the foregoing. This despondent of lawful age and duly sworn deposeth and saith.
QUESTION BY COMPLAINANT:
Do you or do you not know that your mother Leah Voiles formerly Leah Powell could neither read writing or write her name--
ANSWER: I don't believe she could either read writing or write her name--
QUESTION BY SAME:
Did or did not your mother send you and your brother at different times to work on said Harts Farm whilst he was doing the business of the estate which was to ? against his services as Adm.
ANSWER:
I recollect of working at said Hart's a few days in the spring after my father's death with one or perhaps two of my brothers with me, but I believe it was for services rendered by said Hart, but whether it was for services rendered as Adm. or for private services rendered to my Mother I don't now recollect, as he acted in both capacities--
QUESTION BY SAME:
What were the services rendered by said Hart for your Mother besides that of Adm. for the Estate of your Father--
ANSWER:
I recollect of his settling a debt for my Mother with Mr. Harman in which he test.? several days--
QUESTION BY SAME:
Was this service before or after you worked for him--
ANSWER: I think the work was before the service was rendered--
QUESTION BY SAME:
Did or did you not ever understand by said Hart that he or not claimed of your mother more than Forty Dollars as Adm of the Estate until after her death.
ANSWER: I never heard Mr. Hart say what the amount of his claim was----
On being interrogated by the Deft. this despondent saith, that said Hart and his mother was in the habit of swapping work, that he recollects of said Hart hauling a lade? of Tobacco to Springfield and hauling in a crop of corn, an also a load from Tally's to the Rolling Fork--
QUESTION BY THE DEFT.:
Did or did not you hear your mother say shortly before her death that she was indebted to me as administrator of the Estate of your Father and exclaimed against Benj Viles her then husband for not coming forward and settling up and paying her bond--
ANSWER: I did.---
QUESTION BY SAME:
Did you or did not live near your Mother at the time of her death and was you not frequently at her house during her illness.
ANSWER:
I lived a mile or a mile and a half off and went to see her only three or four times before her husband Voiles left her which was about four weeks before her death during two or three weeks of which time I was at her house every day----
QUESTION BY SAME: What disposition was made of your Mothers property after her death.
ANSWER: The property was advertised and sold on a credit of three months by Lewis Powell, Robert Burton and James Jones-------
QUESTION BY SAME:
Did you or did you not understand from said Powell, Burton and James that they were selling this property for the expressed purpose of paying a Note which I held on your Mother and them as her securities.
ANSWER: I did.
QUESTION BY SAME:
Did you or did you not hear said Powell and Burton say they would sell the property if it did not bring half of it's worth.
ANSWER:
They did and said if no other person wanted to buy it they would buy it themselves---
QUESTION BY SAME:
Did you or did you not offer said Powell more for same property he bought at said sale than he had given for it--
ANSWER: I did and he refused to let me have it----
QUESTION BY COMPLAINANT:
Were you or were you not present at the time the said property was sold---
ANSWER: I was.
QUESTION BY SAME:
Were you or were you not strongly ? by the parties selling the said property to Bid for it--
ANSWER:
They selected? me and my brothers to purchase the property and become paymaster to Hart and release them from the debt they were bound for--
QUESTION BY SAME:
Was or was not your mother at the time of her death the lawful wife of Benjamin Voile.
ANSWER: She was said to be.
QUESTION BY SAME:
Have you or have you not a knowledge of her being married to said Voiles.
ANSWER: I did not see the marriage.--
QUESTION BY SAME:
Have you or have you not every reason to believe they were married lawfully.
ANSWER: I have from what others told me---
QUESTION BY SAME:
What length of time did your Mother and said Voiles live together as man and wife from the time they were married.
ANSWER: I think a little better than three years--And further this despondent saith not.
his
H??? a//pted Is a Henry X Powell
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The further taking of depositions is discontinued until tomorrow 10 O'clock June 13, 1828. N. Mays
The deposition of Thos. Crawford Sr. taken at the office of Nelson Mays exq. in the town of Perryville on the 11th day of July 1828 agreeably to nature given to be read as evidence on the part of the defendant in a suit in Chancery now pending in the Mercer Circuit Court wherein Lewis Powell and Robert Burton are complainants and Charles Hart Jr. Adm. of Charles Powell ded'd. defendant. This deponent being of lawful age and duly sworn deposeth and saith.
QUESTION BY SAME:
What is the general character of Charles Hungate in the neighborhood.
ANSWER:
People thinks he talks a great deal and pretends to know more than he really does know.
QUESTION BY SAME:
Would you or not believe him Hungate when an oath on a matter when he was interested.
ANSWER:
I could not put confidence on him when on oath.
QUESTION BY SAME:
Do you or not know that the mother of complainant Lewis Powell is yet alive.
ANSWER:
From information on last evening she is and further this deponent saith not.
Thos. Crawford SR.
WILLIAM DUNCAN #1
DEPSOITIONThe deposition of William Duncan taken at the same time and place to be read as evidence in the same suit as the foregoing. This deponent of lawful age and duly sworn deposeth and saith.
QUESTION BY DEFENDANT HART:
Have you or not heard Charles Hungate express a great deal of hostility towards me for some time past.
ANSWER:
I cannot say I have heard him express a great deal of hostility towards you but at ???? ???? ?? of you in a way that induced me to believe you and he was not on friendly terms
QUESTION BY SAME:
Could you or not believe said. Hungate when on oath in matters wherein he was interested.
ANSWER:
I should not like to repose? confidence in him when on oath after giving the deposition he did in this suit.
QUESTION BY SAME:
Do you or not know that said Hungate and complainant Powell are brothers-in-law.
ANSWER: I have good reason to believe they are.
QUESTION BY SAME:
Do you or not know that said Powell and Hungate and John May are connected by marriage.
ANSWER: From information they (this line not legible) said Hungate to said Mays.
ANSWER: About five miles and further this deponent saith not.
William Dunkin
DAVID POWELL #1
DEPOSITIONThe deposition of David Powell taken this 11th day of July 1828 at the same place to be read as evidence in the same suit as the foregoing deposition. This deponent being of lawful age and duly sworn deposeth and saith.
QUESTION BY DEFENDANT HART:
Was you or not frequently at the house of Leah Voiles formerly Leah Powell during her last sickness.
ANSWER:
I was and heard her frequently speak some anxiety concerning a bond you held on her for property she had purchased at the sale of her late husband dec"d. and that she had frequently solicited Voiles (her then husband) to go and see you and make arrangements and pay off said bond.
QUESTION BY SAME:
Did you ?? ?? ?? A receipt which some of the legatees of Charles Powell Dec'd. gave me for money I advanced.
ANSWER:
I did for six dollars and a half which was marked B and here with filed and which the deponent makes a part of his deposition.
QUESTION BY SAME:
Is not the mother of Lewis Powell the complainant yet alive.
ANSWER:
She is from information.
QUESTION BY COMPLAINANT POWELL:
What amount of money have you a knowledge said Charles Hart paid out of his own funds for the estate of Charles Powell Dec'd. and whether you know that the above named Receipt was paid out of said Harts funds or that of the estate of Charles Powell Dec'd.
ANSWER:
The above named Receipt for Six dollars and one half I believe was paid out of his own funds, and I have heard that he borrowed money to pay some other debt or debts but what amount I don't recollect and further saith not.
David Powell
JAMES SCHOOLING
DEPOSTIONThe deposition of James Schooling taken this 11th day of July 1828 at the same place to be read as evidence in the same suit as the foregoing depositions. This deponent being of lawful age and duly sworn deposeth and saith.
QUESTION BY DEFENDANT HART:
What do you know about Charles Hungate's owing William Layton and Layton owing Robert (this line illegible)
???????????? Corn or Money anything whether he did or did not warrant him before R. Huff and made the money and whether there was not a general rumor and a noise in the neighborhood and whether the ??? generally thought of him and what his general character was when he was interested when on oath.
ANSWER:
I know that Layton never was indebted to Schooling. I understood that Hungate owed Layton fifteen dollars or fifteen barrels of corn. The general report was that he had sworn himself clear of the debt and after ?? he (Schooling) got a judgement and made the debt. I know very little about Hungates character except this transaction.
QUESTION BY COMPLAINANT POWELL:
Was you or not present at the time Hungate was sworn in the case spoken of.
ANSWER:
I was not.
QUESTION BY SAME:
Do you or not know that this corn debt was due from Hungate to Layton at the time he was sworn.
ANSWER:
I do not know.
QUESTION BY DEFENDANT HART:
Was it or was it not generally spoken of about that transaction that he had sworn falsely.
A:
It was and further this dependant I (rest illegible).