Emmert.Margaret.1888.Monroe.COURT Margaret Emmert December 10 1888 Monroe County KyArchives Court Source: Monroe County Circuit Court Case #76 Written: December 10 1888 Case #76. Filed 10 Dec 1888 Plaintiff: Margaret EMMERT Defendants: Frank EMMERT, Alpherd EMMERT, Fanny CHURCH, John CHURCH, Martha E BUSHONG, A BUSHONG, Jesse EMMERT, Felan EMMERT, Jane DUNCAN, J W DUNCAN, Lucetta MILLER, Abe MILLER, James D EMMERT, Jane EMMERT, Rebecca SCOTT, Alexander SCOTT, Presha EMMERT, Vina DIXON, David DIXON, Narcissa HEPPOCK, Benjamine HEPPOCK, Nancy EMMERT, James J EMMERT, Jefferson MOORE, and Benjamin CHURCH. Margaret EMMERT stated that on a (blank) date in 188-, she instituted her suit in the Monroe Co Circuit Court for a sale of the land descended to her and her brothers and sisters from her father, Jacob EMMERT in which she made all the above named parties defendants except the defendant Jefferson who came into said suit and was made a defendant, he claiming an interest in the land; that the pleadings were all made up so far as any issue in the case was desired and afterward, on the ___ day of Nov 1887, all the records of said suit were destroyed by fire and there is no copy of the petition in this state or elsewhere known to her. She says that in said suit she made the following allegations: The Plaintiff Margaret EMMERT says that one Jacob EMMERT on the ___ day of ___ 18__ (all blank) died intestate in Monroe Co, Ky., leaving survinving him his children and grandchildren as follows: Margaret EMMERT, the Plaintiff therein, Alpherd EMMERT now in Texas and whose County & P O is unknown to plaintiff as his children who are still living. The said Jacob EMMERT had six children: Margaret, Alpherd, as named above, Henry Emmert, Phillip Emmert, Rebecca Emmert, WIlliam Emmert. Henry is dead but he left Frank Emmert and Matilda, Lucretia, Martha E; Matilda married Jno NORMAN; Lucretia married Abe MILLER, as his only children and only heirs at law. Phillip is dead and he left Felan Emmert, Jesse Emmert, Phillip Emmert, Rebecca Emmert, Jane Emmert, Louisa and James D Emmert as his only children and heirs at law. WIlliam Emmert is dead and he left as his only children Presha Emmert who lives in Texas and P. O. is unknown to plaintiff; Vina Emmert who is now Vina DIXON having married David Dixon; Narcissa Emmert who is now Narcissa Hippock and who married Bewn Hippock (also spelled Heppock throughout, Sandi) and James J Emmert surviving him. Louisa Emmert daughter of Phillip Emmert is also dead. She left as her heirs at law and only children Fanny CHURCH and John Church, she having married Benjamine Church and had by these these two children and died leaving them surviving her. The said Fanny Church and John Church are now under 21 years old, are non residents of KY & believed to be and live in Clay Co. Tennessee with Phillips S Emmert near Boles, P. O. Felan Emmert resides in Jackson Co., Tenn., and his P. O. is North Spring and is believed to be out of this state. The daughter of Phillips by the name of Rebecca Emmert is now Rebecca SCOTT having married Alexander Scott; Jane Emmert another child of Phillip and a granddaughter of Jacob Emmert married J. W. DUNCAN and is now Jane Duncan. Now Plaintiff says at the time of the death of Jacob Emmert, he left then surviving his widow ___ Emmert who is now dead and the above children and grand children as herein named and they inherit all of his estate and are the owners of all the lands of which said Jacob Emmert died seized and possessed. Plaintiff says that at the time of the death of Jacob Emmert he was the owner and possessed of a tract of land, containing One Hundred and Fifty acres lying in Monroe Co. Ky., and bounded as follows: (1st tract) Beginning at a gum, corner to Roberts and with his line N 86 poles to a stake corner to same on Jacob Emmerts land with the same W 101 poles to a white oak and poplar corner to same S 19 poles to a stake of Philip Emmerts fifty acre survey with a line of the same S 75 E 40 poles to a chestnut corner to same with his line passing his corner on three gums at 55 poles in all 70poles to two dogwoods E 90 poles to a black gum N 6 poles to the beginning, containing fifty acres more or less. (2nd tract): Beginning on a white oak near Nathaniel MARTIN's line with said line S 126 1/2 poles to two white oaks & a chestnut W 126 1/2 poles to a dogwood poplar and post oak N 126 1/2 poles to two black oaks and black gum E 126 1/2 poles to the begining containing 100 acres or more. The Plaintiff says that the shares of any one of the owners of said land is or will not be of greater value than One Hundred Dollars to the share and it would materially impair the value of the shares of the parties herein to divide the said land. The Plaintiff and the children and grand children of said Jacob Emmert are now entitled to have the said lands sold and division of the proceeds among them. All the title papers to said land are burned and destroyed by frire and no copies known to the plaintiff. There is no statuatory Guardian for Fanny Church and John Church or any committee or Curstor of them in this state known to plaintiff. The premises considered Plaintiff prays Judgment substituting this petition for the one burned and on final hearing she asks Judgment for a sale of said land a division of the proceeds among those entitled as shown herein and for all proper relief. /s/ Compton & Leslie, Atty for Plaintiff. J W Compton says he is an attorney for Margaret Emmert in this action. She is absent from Monroe County now as he believes and he believes the allegations herein are true. /s/ J W Compton This July 2nd, 1889. Following is an abstract of the depositions taken in the EMMERT case. Wm J EMMERT was questioned at the Circuit Clerk's office in Tompkinsville 1 July 1892. He said he was 65 years old, resided in Monroe Co; knew Jacob and Henry EMMERT who was Jacob's son. Was related to Margaret Emmert who brought suit. Land in controversy is where Jacob lived. Did Henry take care of the land and old Mrs Emmert and Margaret? He started to, quit and said he wouldn't have anything to do with it. Why did he quit? Because they wouldn't do to suit him and he couldn't manage the Emmerts. How long did he stay? About a year, then rented the land to CROSS and HIX; they stayed about a year then Henry went back for some unknown time. Who went to live with Mrs Emmert next? David ALMANY, lived on the place but not in the house. Did you ever hear old lady Emmert or David Allmany say how or under what contract Allmany went on the land? Yes. I heard old Mrs. Emmert and David Almany both say that he was to stay there and take care of the old lady and Margaret and have the land or the rent of the land, don't remember which. How long did Almany stay? About a year or two. Who got possession after Almany left? I think there was some sort of a trace? between Almany and the old lady Emmert. Did he take charge to take care of old Lady Emmert? That's what Waggoner said; he did stay awhile and rented up until 1861. What became of old lady Emmert after that? She stayed there a year or two after Waggoner went into the war and Margaret stayed with her until she left there. Did Jefferson MOORE ever live on the land at any time? Not that I know of. How far do you live from the land? About 3/4 of a mile. I haven't lived over 2 1/2 miles from it at any time except 3 or 4 months when I lived in Tompkinsville. How long has anyone lived on the land since Jacob lived? Old lady Emmert lived there until about the end of the war; some person lived there all the time up to the close of the war. Mrs FINLY lived there about a year or two after the war and about 1870 the house was burned and there has been no person living there since. Did Henry Emmert administer the estate of Jacob Emmert? I think not, I know he didn't for they kept the property there. No person administered on it. Do you know any parties to this suit who are either children or grandchildren of Jacob, if so list them. Yes - Margaret, Henry, Wm, Alfred, Phillip - children of Jacob; Frank a son of Henry; Jesse, a son of Phillip, Felan a son of Phillip, Pressia - don't know whose child she is; Vina Dixon, a dau of Wm Emmert; David Dixon, her husband; Narcissa Hypock a dau of Wm Emmert. How long did Jacob live on the land or possess it: From the time I can first recollect until he died, I was about 16 yrs old when he died. Was there ever a suit brought to settle the estate: If there was I never knew it. Cross examination of Wm J. EMMERT: How long has Jacob E been dead: About 40-45 yrs I guess Did he owe any debts when he died: I suppose he did Did he own any personal property: Yes, don't know what happened to it. Did he leave a will? No written will How do you know: I just heard that. Did anyone qualify as Adminstrator? I never heard of one. How do you know Henry didn't act as Adm? I heard him say so. When? Heard after Jacob's death when Henry and my father talked. How do you know Henry didn't qualify as Adm? Only what he said How long after Jacob's death did you hear this? Directly afterwards Is your knowledge just on what you heard others say? Of course Could there have been a suit and you didn't hear? Suppose so. Isn't it a fact that you know about the land and from what others have said? Of course How do you know that Jacob gave the land to Henry and why? I never knew that he gave it to him but heard my father and Henry say that he wished Henry to get it for taking care of his wife and daughter and for paying some debts. How did David ALLMANY take possession of land? Some kind of contract between the old lady and Henry & Allmany. Isn't it true you don't know anything about the arrangement? Only from what others said and Almany. Where & when did you hear Allmany say anything? I can't say What was the purpose of WAGGONER taking possession? I heard him and the old lady talking about it. When and where was this? They talked about it once while I was there about 1855, no other person present but them. James HAMILTON might have been there. How long did Waggoner live on the land. About 6 years. How do you know that he did not get a deed? I dont know if he did or not. Was or was there not a suit brought in Monroe Circuit to sell land while Waggoner had possession of it? I heard there was by Jefferson MOORE. Saw him in the clerk's office to record a deed; appeared from the record that Moore had no mortgage on the land. I saw the record, saw an affidavit made by J C CONKIN in the suit and an affidavid by R J MAXEY. What was the date? I don't recall. Was or was not the land sold by virtue of the judgment? I heard that it was, I have no recollection of the sale. How had possession, control and management of the land in the last 25-30 years? I don't know. Heard that Jeff MOORE sold it once and then took it back. What kin of you of Jacob Emmert? I am a cousin to the heirs. Re-examination: You said you saw a lawsuit in which Jefferson MOORE had a lawsuit and judgment to sell the land for a mortgage of Waggoner - were any of Jacob's heirs party to this suit? No sire. When did Jacob die? Has been dead 40-45 years. Submitted by: Sandi Gorin http://www.genrecords.net/emailregistry/vols/00002.html#0000404 This file has been created by a form at http://www.genrecords.org/kyfiles/