Jupin/dupin.John,.Et.Al.1816.Nelson.COURTFrom: KyArchives [archives@genrecords.org] Sent: Saturday, November 04, 2006 5:22 PM To: Ky-Footsteps Subject: Jupin/dupin.John,.Et.Al.1816.Nelson.COURT John, et al. Jupin/Dupin 1816 Nelson County KyArchives Court Source: Nelson Circuit Court Burnt Chancery Records Written: 1816 Recorded: June 17, 1816 The Separate answer of Lewis Jupin to the Bill in Chancery executed by Charles Metcalf and wife against him and others in the Nelson Circuit Court. This Deft. saving and noteing, to himself all manner of exceptions to the many errors and callumnies in said Bill made for answer to such parties as he is advised are material for him to answer says. He admits that his father John Jupin had in all twelve Children whose birth and condition he supposes to be correctly set out. His father was born in the year 1740 and was about 75 years of age at his death. He admits his brothers and Sisters had [all] left their father early in life. . . . continued to . . . with his . . . and . . . and was . . . his old . . . (page burned in two at fold) was his . . . depa . . . and mannaged . . . at his house and . . . whilst his brothers and sisters stood aloof & w[ere] acquiring wealth and in o(?)pence by their own labour. He states that his father gave to each of his Children as they left him or married considerable property or money by way of their portion of his Estate, to what amount this Deft. cannot say. He admits his father departed this life about the 12th of January 1816 possessed of considerable estate both real and personal but not to the value of 7,000 - Dollars. A correct statement of his personal property as inventoried and sold which has come to the hands of this Deft. as Executor is to be found in the Inventory & Appraisement with copies marked A & B are filed as a part of this answer except some small Debts or Goodlets amounting $75.00 omitted by mistake. He does most positively deny that his father was deranged for more than a year before his death. He was reasonably so but it was but a temporary derangement produced by the use of Spirits and wine but it was nothing of the continued and fiend derangement, nor was it different in any essential degree from that kind of derangement produced upon all men by the excessive use of ardent Spirits. He states that he knows nothing of the writing & executing of the will by his father stated to have been written by Genl. Lewis and Austin Hubbard. He believes his father once procured one of those gentlemen to make him a Draft of a will but whether he ever seriously or in any way published it as his last will and testament this Respt. does not know. He does not admit or believe the Th . . . pretended paper . . . will if ever it was one. . . his possession . . . was fully invok . . . (page burned in two at fold) . . . ment . . .ften mentioned . . . He states that his father, in [his last] illness anxious to display the feelings of a just fat[her] after having previously given to those Children who had left him a portion of his estate, by so disposing of his estate as would in some degree remunerate this Respont. for his services from a Boy to the age of 30 years and desirous also to put at rest all disputes about his property and name to writing his many previous declarations before his death, Sent for his neighbour and Friend Philip Read (then one of the associate judges of the Nelson Circuit Court an intelligent and honest man) to write his will at which time and at the time of writing and acknowledging the will he was in his perfect senses and was not labouring under the insanity Charged in the Bill. He files here a copy of the last will and Testament of his father marked (C) as a part of this answer and insists and avers that the original will in the files of the Record of the Nelson County Court is the last will & Testament of his father and that it has not been fostered in by the fraudulent procurement of the Deft. but by the directives of his father Signed Sealed and acknowledged as the law directs as his last will and testament and Record’d as such. He positively avers his father did direct the writing and . . . ing his name and then acknowledged the same [as his] last will and T[estam]ent in . . . of . . . to said . . . he (page burned in two at fold) . . . urther again . . . n fact . . . of sound mind [an]d disposing Mem [ory] . . . He denies that there ca[me] to his hands as ex[ecu]tor of his father any money or goods other than what is before stated. He states that he had by the management of his father’s Slaves and farm acquired by the permission of his father some money and property and what money was in or about the house was not his father’s but this Defts. As to the Charge that this Deft. will waste the personal property he answers that he is answerable upon his bond for his acts as Executor if he shall misapply the expenses And assets which shall come to his hands. This Deft. Avers that the inventory and appraisement together with the addition of Goodlet Debts contains a correct statement of the personal property of his father & to the value of the same, except the Devise to this Deft. which is not contained in the inventory, to wit 210 acres of land worth 2,000 Dollars, two negroes Margaret & Joe worth about 500 Dollars the two. This Deft. incurs the intimated opinions or beliefs of his co Defts. as to the old mans mind are not to effect his case. He views the manner of bringing the suit an artful combination of parties: one man sues the whole of his Brothers and sisters &c to comp[el] that which they all save this Deft. desire; it would have to have been more like plain . . . ding to have united themselves as comp . . . and . . . his Deft. who . . . then have been . . . (page burned in two at fold) in . . . of the . . . in execute th . . . Deft. D[enies] fraud and . . . upon the will of his father as genuine and valid and prays to be dismissed with his cost &c. Wickliffe Nelson Circuit Sct Sworn to in open court in the normal way before me this 17th June 1816. James Slaughter Jr clk filed in court this 17th June 1816. Att J Slaughter Jr Clk Submitted by: Bob Van Bogaert rbogaert8@aol.com Additional Comments: [1] Parentheses ( ) are original or indicate corrections that appear in the original. [2] Parentheses with question marks (?) indicate questionable or illegible text. [3] Ellipses . . . indicate text that is missing due to damage incurred in a courthouse fire during the 1970’s. [4] Brackets [ ] indicate comments or missing text that has been reconstructed based on context and the other documents in the file. This file has been created by a form at http://www.genrecords.org/kyfiles/