A "Cobb-Sasser Family Lineage Website" page.


A Transcript of
Heirship Document

Regarding
The Heirs of
John Barbour




After visiting our website,
the following transcript was provided to us by
genealogist, Pat Saupe. Thanks, Pat, for sharing!



John Barbour Heirs
Circuit Court
Knox County, KY
June 28, 1837
To the honorable
Judge of the Knox Circuit Court
in Chancery sitting: your oratrixes
  • PATSY BARBOUR,
  • LUCY BARBOUR, and
  • BETSY BARBOUR
respectfully showeth unto your honor:
That sometime in the year 1836, their father, JOHN BARBOUR,
departed this life intestate, leaving your complainants, together with
  • CHARLES BAKER and SALLY his wife, late SALLY BARBOUR;
  • SAMUEL COBB and KEZIAH his wife, late KEZIAH BARBOUR,
    who now resides in Knox Co., Kentucky;
  • THOMAS NICKLESON and SUSAN his wife, late SUSAN BARBOUR,
    who now resides in the State of Tennessee;
  • THOMAS LEWIS and POLLY his wife, late POLLY BARBOUR;
  • NANCY HIBBARD,
    JOHN HIBBARD,
    MAHALA HIBBARD,
    LEWIS HIBBARD,
    WILLIAM HIBBARD,
    JAMES HIBBARD, and
    HANNAH HIBBARD,
    widow and heirs of SAMUEL HIBBARD, deceased, who intermarried
    with NANCY HIBBARD, late NANCY BARBOUR,
    who now resides in State of Missouri;
  • FANNY HUDSON,
    ELIZA HUDSON,
    HANNIBAL HUDSON, and
    ALEXANDER HUDSON,
    widow and heirs of WILLIAM HUDSON, deceased, who intermarried
    with FANNY HUDSON, late FANNY BARBOUR; and
  • WINNEY BARBOUR,
    who now resides in the County of Clay and State of Kentucky, and
  • JAMES WALKER and HANNAH his wife, late HANNAH BARBOUR,
    who now reside in Perry Co., KY, his heirs and legal representatives.
And your complainants state that on the 16th day of February 1821,
their now deceased father, JOHN BARBOUR, executed to them a deed
conveying to them that tract of land in which he then lived,
being the same on which your complainants now reside in the
County of Knox, on the north side of Cumberland River, containing
----- acres, in consideration of your complainants having then and
there paid to him the said JOHN BARBOUR, the sum of
Five Hundred and Fifty Dollars ($550.00),
which deed is of record in the office of the Knox County Court,
a copy of which your complainants pray may be made a part
of this bill by reference.
They also state that on the said 16th day of February 1821,
they, your complainants, executed to the said JOHN BARBOUR,
a bond in the final sum of Two Thousand Dollars ($2,000.00),
conditioned to be void if they, your complainants should permit
their mother and father (to wit) the said JOHN BARBOUR and wife
to keep possession of the aforesaid land during their lives
without interruption on the part of your complainants
and that they, your complainants would fulfill a contract that
the said JOHN BARBOUR MADE with DANIEL PETTIT for the loan of
Fifty Dollars ($50.00), both of which they allege they have done
and also upon the further condition that your complainants should
at the death of their father and mother cause the land aforesaid
to be divided among the several children, according to the amount
advanced by each child to the said JOHN BARBOUR, which bond is on
file in the office of the Knox County Court, a copy of which they
pray may be made a part of this bill by reference. Now your
complainants in fact, say that it was their understanding at the
time they executed bond and has been ever since, as well as that
of the person who drew the instrument, that they bound themselves
to divide or cause to be divided among all the children the
residue of the land after taking to themselves according to the
value thereof, the value of Five Hundred and Fifty Dollars ($550.00),
the amount paid by your complainants when the deed was made in
proportion to the amount each child advanced to their father and
your complainants aver that they have in addition to the
Five Hundred and Fifty Dollars ($550.00), advanced to their
father in consideration of the deed afore mentioned advanced the
following sum of Fifty Dollars ($50.00). And your complainants
further allege that a certain BENJAMIN TUGGLE at the term of the
Knox County Court took out the letters of administration upon the
estate of their father and took it upon himself the discharge of
the duties revolving upon an administrator of said estate which
will appear from a copy of the record granting said letter of
administration which will in due time be filed as an exhibit in
that cause and they further state that the said BENJAMIN TUGGLE,
as they are informed, without legal right or authority to do so,
has rented out their land aforesaid and taken bonds for the rent
payable to himself as administrator.

Now in order that justice may be done and as the remedy of your
complainants is inadequate at law and in order that your
complainants may not be injured from ignorance of the rights of
others, they herefore pray that proof, issue and that each and
every child and heir of the said JOHN BARBOUR as specified in the
allegations of this will be compelled to interplead and show how
much and what amount they have severally advanced to the said
JOHN BARBOUR and that finally your honor decree to each and every
child and heir a prorata share of the land aforesaid according to
the advancement made by each after decreeing to your
complainants the worth of Five Hundred and Fifty Dollars ($550.00)
of aforesaid land which they pray may be done and that the bond
of your complainants be cancelled and held for naught and your
complainants further pray that BENJAMIN TUGGLE be made a defendant
to this bill and be compelled to say upon oath what amount of
assets as well as the rent or bonds for the rent of the land has
come to his hands legally or otherwise and after applying the
same to liquidation of their father's honest debts, if any,
thereby that the surplus, should there be any, be divided among
the children and heirs agreeable to what each has advanced and
that proof issue and c--- and they pray for general relief which
as is consistent with the rules of equity.

Statements given June 28, 1837
Adams for complainants





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