Robert Shofner Estate Case
It is a very lengthy case but I thought most of you would find it at least interesting. From the very first paragraph I draw the conclusion that Robert died very early Jan. 1857. I need to try and find out when they had court for that month and that would narrow it down more. It has a couple creases in the pages so some of the lines are very hard to read. Let's begin.
Bundle 74
Robert P. Sanders Adminstrator }
of Robert Shofner deceased Plantiff } Petition
against }in Equity
Henry H. Shofner} Who live }
Bailey C. Shofner} in }
Thomas Shofner} Taylor Co. }
Robert P. Shofner] Who live }
Mariah Shofner & ] in }
Louana Abell late Shofner ] Green Co. }
Thomas Wright and his wife } Who Live in }
Lucinda Wright late Shofner } the state of Mo. }
Durham Sanders }
John Durham & }
William L Turner Defendants }
The Plantiff Robert P. Sanders on ??? ??st?? of Robert Shofner sd deceased states, that on or about the [blank] day of [blank] 1857. That the said Robert Shofner departed this life at his residence in Saloma Taylor County Kentucky where he had lived for many years intestate. and at the January Term of the Taylor Co. Court 1857 Plaintiff was appointed adminstator of the estate of sd Robert Shofner Sr? did(not sure about these two) and gratified as such. a copy
of the order of said Taylor County Court duly certified is made part of this petition & is now filed. That he sold all the personal estate of said descdent? on the [blank] day of [blank] 1857. Which was very inconsiderable & only amounted to the sum of $20 Which is shown by the sale bill of said[Next Page]
estate returned by ptff to the Taylor County Court a copy of which is made part of this petition & is now filed. That his said decedents estate is largely in debt that he does not know the exact extent of its indebtedness but from his knowledge it exceeds the sum of $300. The personal estate of said decedent will not pay the debts against said estate by a loarge sum. That said decedent died possessed of a hous(sic) & lot in said Town of Saloma. it being the same House & lot occupied by said Shofner decd up to the time of his death and that it is only worth about $125. That it is necessary to sell said house & lott(sic) for the payment of debts. That he does not know of any other property belonging to said decedent. He states that the defendants Henry H. Shofner, Bailey Shofner, Thomas Shofner, Robert P. Shofner, Mariah Shofner, Louana Abell (late Shofner) and Thomas Wright & his wife Lucinda Wright (late Shofner) are the children and only heirs at law of said Robert Shofner decd. and the defts Durham Sanders, John Durham & William L. Turner are creditors of said Shofner decd. That there are many other creditors not made defendants to this petition among them a large debt in the bond of
[Next Page]
James C. Sympson as Executor of Mary McCalgon? decd. The lot in Saloma owned by said decd is knowned in the platt of said Town as lot no (blank). The Title papers to the same is made part of this petition & is now filed. That all the property of said decedent is greatly insufficient to pay his debts. A copy of ? inventory is made part ?? Wherfore he prays judgment(sic) for a sale of said house & lott (sic). That this case be refered to the master commission & that he be directed to take proof of all the debts vs the estate he prays? a full settlement of the estate and an allowance for his services as administrator. He prays for all general & special & proper relief and in duty bound(not sure of this one) he will ever pray & (blank) Robert P. Sanders Admin of Robert Shofner decd State of Kentucky Taylor County set? Robert P. Sanders says he believes the statements made in the foregoing Petition are true R. P. Sanders Sworn to before me by Robert P. Sanders on this 27th day of April 1857 Geo. W. Montague Clsd
[Next Page]
R. P. Sanders Adm )
of Robt Shofner decd )
Agst ) Steps?
Robt Shofner Heirs &c )1857 April 22d Pet filed & Servd fld & Executed on H H Shofner, Baily C Shofner & Thos Shofner 24 Apl 1857
1857 May Term - Warning order agst Thomas Wright & Wife & E. L. Ba???? (sorry really can't read that one) Apptd atty for them & refered to Master Coms for sept
1857 Nov Term - Master alld further time to sept
1858 Mar " - M? same order
" Sept " - Contd.
1859 Mar. " - Master Com made rept & contd
" Apl " - Als sums ipued (talk about being lost!)
" Sept " - Contd
1860 Mar " - Contd
" Sept " - Contd & als sums a??d
1861 March " - Judgt for sale of House & lot. Montague app & c
Cont to make sale - allowed $5 & contd
" Sept " - Com reptd sale & ordered to lie over for excepts & contd. (that's probably receipts but that's what it looks like)
1862 March " - Contd
1863 March " - Contd 1863 Sept Term No steps
1864 March Term - Contd.
1864 Sept Term - Contd.
1865 March Term Tontd H. i Colvin purchaser of house & lot ?old herein filed agreement & requested deed to be mad Ma? Btukey
1865 Sept Term Continued
1866 March Term Contd[Next Page]
Taylor Circuit Court
R. P. Sanders sd Adm of )
Robt Shofner decd ) Plaintiffs
Against ) Report Sale Lot &c
Robt Shofners Heirs &c DefendantsThe undersigned as Commissioner appointed by the Taylor Circuit Court in this case, after advertising as required by the judgement of said Court did at the Court house door in the Town of Campbellsville Ky on the 6th day of May 1861, being Court day for Taylor County Offer the house & Lot ordered & directed by said judgment to be sold, to the highest bidder upon a credit of six months, and H. J. Colvin? being the highest bidder became the purchaser of the same for the sum of Eighteen Dollars, which amount was paid by said Colvin to the undersigned Comd(not sure of that one), and which together with the interest therein for six months is now subject to the order of the Court
May 6th 1861
George W. Montague
Commissioner[Next Page]
A list Robt Shofner Property Sold
Feb 7th 1857W. L. Turner 1 Oven .80 E. T. Sanders Paid 1 Tea Kettle .40 H. G. Sanders 1 Pot 75 Thos Gaines 1 Gridiron 25 B. S. Smith Pot Hooks 10 H. G. Sanders Paid And? Irons 25 Do Do Stew Kettle 05 Do Do 1 Oven Lid 01 H. H. Shofner Note Bucket & Gritrs? 15 Do Do 1 Shovel 15 F. H. Graves Note 1 pr Tongs 1.00 B. S. Smith Paid 1 Jointer 28 H. S. Sanders 1 Bell 10 Jas S. Durham Paid 1 Shovel 02 H. G. Sanders 1 Axe 10 Do Do 1 Hand Axe 25 Baly Shofner Note 1 Spear 25 H. G. Sanders Waiter &c 05 H. H. Shofner Note Hone & Strap 35 H. G. Sanders 1 Pail 10 B. S. Smith Paid Lot Irons 07 R. W. Buckner 2 ?xoes 05 H. G. Sanders 1 lot hoops 01 H. Sanders 1 frow 67 R. W. Buckner Drawind(sic) nife 10 H. F. Graves Note Do Do 25 Baly Shofner Note foot adds 89 Wm Parrot Paid 1 Pot Rack 35 Tos Gaines Note 1 pr W Irons 70 B. S. Smith Paid 1 Saw 60 H. G. Sanders 1 hand saw 87 9.88[Next Page]
Tos Gains Note Brace & Bit & Compass? .06 R. W. Buckner 1 5/4 Auger 12 F. H. Graves Note 1 1 inch auger 14 S. Grayham 1 3/4 auger Paid 12 Bayly Shofner 2 files & chiselNote 43 Thos Gains Note 1 Square 50 H. G. Sanders 1 sifter 05 Do Do 1 Churn 05 H. H. Sofner Note 2 Gauges 16 H. G. Sanders 2 Do 20 F. H. Graves Note 3 Chisels 58 H. G. Sanders 1 small drawing nife 06 Do Do 1 large book 05 Do Do 1 Do Do 05 Do Do 2 Books 05 Do Do 1 lot Books 001/4 Do Do 1 Box lumber 51 Do Do 1 Whet Stone 22 Baley Shofner 1 lap Stone Note 25 Do Do 1 Apron 05 B. S. Smith Paid 1 Bucking Box 10 H. G. Sanders 1 lot Shoe Tools 132 Do Do 1 1 Inch Auger 40 Do Do 1 Coffee Mill 00 Tidder? 1 lot lasts Paid 35 H. H. Shofner Note 1 lot lumber 11 H. G. Sanders 1 Book case 001/4 Do Do 1 Bed sted & cord 10 Baley Shofner 1 Bed & Stead Note 1.05 H. H. Shofner Note 1 Bureau 4.00 H. G. Sanders 1 Clock 3.00 Do Do 1 Desk 10 John Parrot 4 Chairs Paid 75 14.93[Next Page]
H. G. Sanders 1 chest 100 H. H. Shofner Note 1 Turning Late & Bunches 10 E. L. Green? Clk 1.10Taylor County Court
Jany Term 1857
On Motion of Robert P. Sanders he is appointed administaror of the Estate of Robert Shofenr sr deceased. Whereupon said Sanders took the oath required by law and together with Wm. L. Turner and George Winters his securities entered into and acknowledged a bond to the Commonwealth of Kentucky with Covenants according to law.
A Copy Fast
Geo. W. Montague Clk
Taylor County Court[Next Page]
A true and Just Inventory and Appraisement of all the Personal State of Robert Shofner Deceased which was Produced to us by R. P. Sanders his Administrator1 Bureau 6.00 1 Razor 75 1 Rasor Strap 25 1 Shaving Box? & Brush 10 1 Hone 25 1 Terant? Saw 1.00 1 Lot of Articles 1.00 1 Sifter .10 1 Lot of Books .75 1 pr Wafel Irons 2.00 1 Lot of Coopers & Carpenter's tools 6.00 1 Pot?eck 75 This one is unreadable 25 1 Lot of Old Irons 10 3 Piggiers 30 1 Churn 50 Tin Bucket & Sprinkler 10 Tea brarde? & Varieties 75 Wooden Clock 3.00 Bedsteads 1.00 Feather Bed & Clothes 10.00 this one unreadable too 50 Shovel & Tongs 1.50 Tea Kettle 50 Large Oven 1.00 Pot & Hook 2.00 Pr Audirons 10 Set Shoe Tools & Bench 2.00 Lot of Lasts 1.00[Next Page]
Taylor County Sc?
John Durham P. L. Green and William Durham, who have been appointed by the County Court of Taylor to view and appraise the Personal Estate of Robert Shofner, Deceased Personally appeared before the Subscriber a Justice of the Peace for said County and was sworn to view and appraise such Estate as shall be produced to them truly and Justly to the best of their Judgment. Given under my hand this 13th day of January 1857
T. E. Cowder? J.P.T.C.[another piece of paper on same page]
The Commonwealth of KentuckyTo The Sheriff of Green County, Greeting: You are commanded to summond Robt P. Shofner, Maria Shofner & Louanna Chaudoin (late Abell) to answer, in twenty days after the service of this summons on them a petition, filed against them &c in the Taylor Circuit Court, by R. P. Sanders Adms of Robert Shofner Desd. and warn them that upon their failure to answer, the petition will be taken for confessed or they will be proceeded against for contemp; and you will make due return of this summons on the first day of the next Sept term of said Court.
Witness, Geo. W. Montague, Clerk of said Court this 16 day of June 1859
Geo. W. Montague Clk
[Next Page]
was Produced to us by his Administrator to the best of our Judgments. All of which we respectfully Report to the Taylor County Court Given under our hands this 13th day of January 1857John Durham
E. L. Green
Wm Durham Jr?1 un aept R. P. Sanders 3.75 1 aept on Washington Lively 5.22 1/2 1 do on Sassie for 2.57 1/2 1 aept on Durham Sanders 3.00 1 aept on R. P. Sanders 9.59 1 chest 1.50 4 chairs 1.00 1 house & Lot in Soloma 125.00 1 aept on William Parrott 3.25 1 note on Thos Hetton given in 1834 25.00 for with a credit on the same for $12 1 aept on Durham Sanders for 15.16 1 aept on John Sanders 13.21 do on Jonathan Altman 7.36 3/4 do on John C. Sanders 6.60 do on Sam. Sanders 2.00 do on David Harris 2.96 do on J. L. Hiestan 5.75 do on Albert Ship 4.37 1/2 do on E. A. Parsons 5.58 do on Henry Durrett 5.37 do on same 5.17 1/2 do on Merideth Faris 1.37 1/2 do on R. P. Sanders 8.56 do on same 22.95 do on William Mardis 5.36[Next Page]
Taylor Circuit CourtRobert P. Sanders on Admin )
of Robert Sr. decd plff )
against )Order
Henry H. Shofner & others &dfts?On motion of the plantiff by his it is ordered that this cause he refered to George W. Montague the master Commissioner to examine, state and settle and audit the accounts of Robert P. Sanders or Administrator of Robert Shofner deceased. That he charge him with the proceeds of the estate which come to his hands & credit him with all his legal disbursements and the costs of Administrating also a suitable allowance for his personal services & also the costs of this settlement & that he show the state of accounts between the plaintiff & each creditor & report his proceeding to this court.
[Another piece of paper on same page]
The Commonwealth of Kentucky
To the Sheriff of Taylor County, Greeting: You are commanded to summon Bailey C. Shofner & Thomas Shofner Henry H. Shofner to answer, in twenty days after the service of this summons on them a petition filed agains them & c in the Taylor Circuit Court, by R. P. Sanders admin of Robt Shofner decd. and warn them that upon their failure to answer, the petition will be taken for confessed, or they will be proceeded against for contempt; and you will make due return of this summons on the first day of the next sept term of said Court.
Witness, Geo. W. Montague, Clerk of said Court, this 15 day of June 1859
Geo. W. Montague Clk
[Next Page]
Taylor Circuit CourtRobert P. Sanders Sr Admin of)
Robert Shofner Plff )Judgment
against )
H. H. Shofner & others defts )This cause being submitted? upton the petition & exlututs?. & Master Commissioner report. and it appearing that all the debts have been summoned none them 20 day before this term & it also appearing? that the assets in the hands of the Administrator are insufficent to pay the debt against said estate. and that a sale of the real estate is required.
It is therefore ordered & decreed that the real estate mentioned in the pleadings be sold, on a credit of six months. & that the purchaser be required to give bond with good surety being intrest from date & having the force of a replevin Bond for the purchase money.
That the sale of the House and lot is to be made at the Court House door in the Town of Campbellsville Taylor County & on a County Court day for said County. Geo. W. Montague is appointed to make the same & he is allowed the sume of $5 thru- fen but before he shall sell he must adverstise the time & place of sale as is now required by law in the Case of sale of Similar property sold under execution & he must report his proceedings to this Court & this cause is Continue.
[Next Page]
Taylor Circuit CourtR. P. Sanders Admin )
of Robt Shofner decd. ) Plaintiff
against ) Master Commissioners report
Robt Shofners Heirs & Creditors DefendantThis cause having been refered to the undersigned Master Commissioner to ascertain and report the amount of assets of the Estate of said decedent and to take proof of and report such claim as were produced to him agst said estate submit the following report
Towit
Amt of the List of Sales of)
the Estate of Robt Shofner decd.) $2593Prefered Claims agst the Estate of Robt Shofner decd Towit N. L. Fauner? Coffin $6 00 Costs of Administrator(clk) 1 75 Allowance to Adm 10 00 This line totally unreadable Atty fee J. R. Robinson 10 00 Costs of S??ts to 14 Mar 1859 5 25 $43.00[Next Page]
Amt assets Brot Over $25.93 Preferred Claims $43.00 Prorata Claims To Wit Jno. C. Sanders Sr. No.1 10.73 Same No.2 5.75 Jos. C. Sympson Exc of) Mary McColgan dec. ) 3 108.60 $125.08 Prefered Claims 43.00 Amt Debts $168.08 Amt of Assets in Adm Hands 25.93 $142.15R. P. Sanders Adm of Robt Shofner decd being sworn states that the amt of sales of decedent amounting to $25.93 cts is all that came to his hands as admis and that there was no other assets belonging to said estate except some old accounts on which nothing can be collected that said decedent owned at the time of his death a house & lot in Saloma Taylor County Ky. worth something near a hundred dollars which is all the real estate belonging to said decedent of which he the said Sanders has any knowledge See vouchers for proof of the claims allowed against the estate of said decedent. All of which are submitted as part of this reportMarch 14 1859
Geo. W. Montague
Master Commissioner[Next Page]
State of Kentucky Taylor County, sctJames C. Sympson as the Executor of Mary McColan? deceased say? he hold a claim against the estate of Robert Shofner decd for the sum of Sixty Dollars due 23rd day of February 1827 and also the sum of 85 cents cost. but credited by the sum of Twenty Dollars paid June 5th 1830. The debt is evid?? by the written copy of the Execution & Constable return thereon. Which debt is first and has never to his knowledge or belief been paid, and that there is no just offset or discount against the same or any usury embraced this thr???? (not sure of this line)
Jas C. Sympson Exc
State of Kentucky Taylor County
James C. Sympson says he believes the statements made in the foregoing affidavit are true. Jas C. Sympson Sworn to before me by James C. Sympson on this ??th day of March 1857
T. E. Cowherd, J.P.T.C.
[This part is on a seperate sheet of paper, sideways.]
State of Ky.
J. C. Sanders State that their note is ??ally due & owing him exclusions of a ?? by the estate of R. Shofner decd exclusive of any credit payment off set or ???? interest. J. C. Sanders
Sworn to before me by J. C. Sanders this 7th June 1858
Geo. W. Montague
[Next Page] - this one has very bad handwriting
The Commonwealth of Ky to any Constat Taylor County Greeting you are hereby commanded at the goods ? chattles of Robert Shofner you cause ?? be made the sum of $60 in debt with interest at ? note of six percent per anum from the 23rd day of February 1827 until paid and 85 cts cost which J. C. Sympson Executor of Mary McColgin? decd hath recovered against the said Robert Shofner as appears on record in my office and make due return in today Given under my hand this 20 day of Mary 1853John Durham, J.P.T.C.
?is fifa? is intitled to a credit of $20 the fifth of June 1830
A True Coppy T. c. Cowherd J.P.T.C.
Constables endorsment
Come to hand March
26th 1853 12 oclock
A. M.
J. C. Durham, ?.T.C.No Property found
31st May 1853
J. C. Durham, G.T.C.A true coppy T. E. Cowherd, J.P.T.C.
One day after death I promise to pay John c. Sanders two dollars and 92 cents for ????? this 21st of June 1842
Robt Shofner
[Next Page]
I have a feeling that the a?? that Jackson Dye & N. L. Farmer is talking about. Is either account or affidavit and they just used a fancy abbreviation.The Estate of Robt Shofner Sr
1857 To N. L. Farmer Dr.
Jany To Coffin for sd R. Shofner $6.00
Kentucky Sct
jackson Dye States that he assisted to make the above named Coffin & knows said a?? to be correct. Jackson Dye
Sworn to before me by Jackson Dye this 5th day of April 1858
Geo. W. Montague M Com
Kentucky Sct
N. L. Farmer states that the above a?? is justly due & owing him by the estate of Robt Shofner decd exclusive of any payment, credit, offset or discount
N. L. Farmer
Sworn to before me by N. L. Farmer this 5th day of April 1858
Geo. W. Montague M Com
(seperate piece of paper)
Taylor Circuit Court
R. P. Sanders Adm Shofner Plff
agst ) In Equity
Shofners Heirs DeftI hereby assign the benefit & direct that the Honorable Court to have a deed made to Mary Blakey to the House & Lot I purchased on the 6 day of May 1861 for value received Given under my hand this 17th day of Nov 1864
H. J. Colvin
Well that is the whole case. I have found where it is settled. But it is interesting none the less. I hope someone got some good information out of it. I know I sure did.
This page was created on July 26, 1998
This page hosted by
Get your own Free Home Page
