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Aaron Brock Administration
verses Aaron Brock Heirs
page 1
Joseph Blanton Admin of Aaron
Brock decd Plf
against
Elizabeth Brock
S. Saylor & Rebecca his wife
Aaron Roark
& Elizabeth his wife
Robt Helton & Hettie his wife
Andrew Simpson & Sally his
wife
David Johnson & Dicey his
wife
Wm Slusher & Elin his wife
Jim Peter
Treadway & Anna his wife
Saml Caldwell & Arta his wife
Richard Gross & Polly his
wife
Newberry Brock
Jim Whitehead & Ame his wife
Jonathan Hensley & Arie his
wife
Hettie Hoskins
& Jim Hoskins
G.V. Unthank Jim K.
P(illegible)
Robt Helton
The Plaintiff J Blanton admin
of Aaron Brock Decd says that on the day of
187_ Aaron Brock departed this life
intestate (illegible) in Harlan County
Kentucky. That at this Term 187_. of the
Harlan County Court the Plff was duly
appointed Admin of the Estate of said Aaron
Brock, has qualified as the Lon administer,
And undertook the trust.
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He states that said Decd left
a widow the Deft Brock and the following
children an heirs To wit, the Defts Rebecca
who married S. Sayler, Elizabeth who married
Aaron Roark, Hetta who married Robt Helton,
Sally who married Andrew Simpson, Dicy who
married David Johnson, Elin who married
William Slusher, Anny who married Peter
Treadway, Arta who married Samuel Caldwell,
Polly who married Ed. Gross, Newberry Brock,
Ama who married Whitehead, Arie who married
Jonathan Hensley, Hetty Hoskins a grand
daughter the only child of a Daughter Dead,
which are all the children and Heirs known
to the Plft.
Plaintiff states the said Decd left no
personal property out side of what the widow
was entitled to be Exempt from Distribution
and not (illegible) all she was entitled.
All the personal property that was left was
delivered up to the widow the Deft Brock
Plaintiff
for the states that the decd at the time of
his death was considerably indebted the
amount not known to Plff he left No trusts
to pay some or any part thereof He says
among his credits were the debts
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He was also indebted to the
Plff Helton with interest.
Plff states that Decd at the time of His death was living and
claiming a tract of Land in Harlan County Ky
on the waters of (illegible/struck through)
Branch of (illegible/struck
through) Cre(illegible)
Strait branch of Strait Creek containing 352
acres more or less and bounded as follows to
wit
Beginning on three lines on the side of the
trace branch thence crossing said branch,
thence to the south east corner of a
partnership survey made by J. C. Caldwell &
Anthony Saylor Thence both the conditional
line between J. C. Couldwell and Anthony
Saylor to the beginning (illegible) with a
ridge to a conditional line between same
Couldwell & J. C. Coulwell to the top of the
hill knob in the parties, thence to the same
line recrossing said branch at the Sassafras
& beech thence with conditional lines to the
top of the ridge, thence with the line of
said survey to the beginning. -
Plaintiff states that he does not know by what title Decd
held said Land that he is informed that it
is the same land that was sold by John C.
Couldwell to Robt. Helton and for which a
Deed was made by said Couldwell to said
Helton a certificate
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Copy of which is filed as part of Petition
number (A)
Plff states that he suppose that said Decd had paid the
purchase price for same and that said Robt
Helton his (illegible) to make a title -
(illegible) (illegible/struck through) Said
Helton a Deft to this Petition (illegible)
(illegible) on him to make a title to the
Land.
Plaintiff states that the Land is (illegible) $1000, but that
Brock the widow of Decd is entitled to same
or a Homestead during her life, but Plff is
afraid that after her death it will go to
the Heirs or to the (illegible) the benefit
of creditors, and that (illegible) to purge
the Debts.
Plff further states that he is afraid
that the widow has made some sale or
contract with the Deft Jack Forestin by
which the said Forestin has got possession
of the Land and has to pay the debt due by
Decd but that said Forestin has failed or
(illegible) to pay same -
The
premises (illegible) the plff makes
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then this case be referred to
the number and (Illegible) to (Illegible) &
refund the debt (Illegible) the Estate Aaron
Brock to whence above (sentence Illedgable)&
report the specific Boundary of the Land the
said Brock owned & by that - letter He held
same, and as final (Illegible) He orders
that the Land be sold to pay the debts
(Illegible)the deft Brock the widow is
(Illegible) for the (Illegible) land be
sold, if not He asks that the land be sold
subject to the (Illegible sentence)
provided (Illegible) the payment of debts be
fore he applies to the payment of the
debts against the Estate.
Plaintiff prays for all relief he is entitled to in the
(Illegible) and for the necessary order
(Illegible) to (Illegible) same (Illegible)
John Blanton says he (Illegible) the
(Illegible) in this petition (Illegible)
Joseph Blanton
Sworn to before me this ____ day of 1871
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Harlan Circuit Court
Joseph Blanton admin of Aron Brock
Against
Elizabeth Brock Deft
The defendant Jack Forestin demands to the
plaintiff (illegible) & sets down a cause of
dem(illegible) that the petition stated
forth does not constitute sufficient good
cause of action - deed for (illegible) and
defense the defendant states that Aaron
Brock owned the land (illegible). as a
homestead because he lived upon with his
wife and children and when he departed this
life his wife Elizabeth Brock remained on
the land & held the same as a homestead
because she lived upon it after the death
of her husband with a family of children
(several words illegible) and this defendant
bought the land of Elizabeth Brock for a
homestead & home for himself & family
because he has a wife and a large family of
children. He denies that the administrator
has any right to have said homestead sold,
he denies that
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the debt of plaintiff creditors any him upon
said land or that these or any person
has the right to sell the same he states
that said land was a homestead and as such
he bought it and as such he now holds it and
the same will be his no (illegible) a
homestead after the death of Elizabeth Brock
than it now is and do objects to any sale of
the same, he states that he an innocent
purchaser of said homestead from the widow
of Aaron Brock & her children
Defendant states that Joseph Blanton
replaced the deft of (illegible) against
Aron Brock, from seven to ten years since -
and the claim is based against him is
(illegible) from Aron Brock, and the claims
of the plaintiff against Aron Brock is only
an account and long since based by the
statue of (illegible)
This defendant has (illegible) out from
widow & several of the heirs
The defendant admits that Elizabeth
(illegible) Aron Brock did not
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return (illegible) as much property as
(illegible) have been set to part to her &
her children as the widow of Aron Brock and
the whole of the land would not qualify
(illegible) make up the property to which
she was entitled as the widow of Aron Brock
Defendant states & charges that Elizabeth
Brock claimed same land in Wallins Creek
worth $ which Aron Brock sold under a
contract with understanding with Aron Brock
that she was to have an interest in the land
sought to he sold to treat (illegible) and
the defendant states that he is the legal &
equitable title holder of said land and &
has paid for the same - Wherefore he prays
that plaintiffs petition be dismissed for
her costs & other proper relief (illegible)
Jack Forestin says he returns this statement
of the (illegible)
Jack Forester
Sworn before me ky. Jack Forrister this 6th
day of June 1878
Lewis Farmer D Clk
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