Muhlenberg County Kentucky

Old Muhlenberg map

Court Records

Elizabeth Dukes Groves Heirs v. Sampson & Young Dukes Heirs

Involved Parties

Elizabeth Groves, heir of Samuel Dukes

Heirs of Elizabeth Groves

Sampson & Young Dukes, heirs & executors of Samuel Dukes

Heirs of Sampson Dukes

“Negro girls” Gils and Libra and Mary, daughters of Gils

Samuel and Winny Dukes, deceased

Garland D. Craig, representative of Elizabeth Groves Heirs

Complaint

To the honorable Judge of the Muhlenberg Circuit Court in Chancery sitting your orator Garland D. Craig humbly complaining represents that in the year 1821 a certain Samuel Dukes of Muhlenberg County Ky. made his will in which he disposed of his property and among other bequests gave to his daughter Elizabeth Groves one negro girl named Gils, but by the provisions of said will, said negro Gils was to remain in the possession of his wife Winny Dukes until her death. For a full detail of all the provisions of said will see a copy (duly certified herewith filed marked A & made a part of this Bill). After the death of the said Samuel Dukes the said will was duly proved & admitted to record in the Clerk's office of the Muhlenberg County Court. By said will Sampson Dukes and Young Dukes were appointed executors of the said decedent who made oath & executed Bond as the law directs.

After the death of the said decedent the negro girl Gils which was bequeathed to Elizabeth Groves bore several children among whom were two females one called Libra & the other Mary and on the 15th day of July 1829 the afsd. Sampson Dukes who was the acting executor sold the said negroes Libra & Mary to John Howell and executed a Bill of sale with covenants of warranty and signed the same as executor of Saml. Dukes dec'd., which said Bill of sale is herewith filed marked B and made a part of this Bill, by reference to same it will be seen that Howell conveyed his interest in the said two negroes to David G. Willis by an assignment on the back of said Bill of sale - that Willis conveyed his interest in the said negro girl Mary by a similar assignment to Thomas Bell - that Thomas Bell by a similar assignment conveyed his interest in said girl Mary to Charles Bell & that Charles Bell by a like assignment conveyed his interest to Garland D. Craig, your orator.

Elizabeth Groves departed this life 18[blank] having the following legal heirs & representatives Jacob Groves, Sampson Groves, Green Groves, Temperance Groves who intermarried with Hines G.B. Johnson. Winny Dukes, the widow of the decedent Samuel Dukes, is still alive and on the [blank] day of [blank] by bill of sale for a valid consideration she conveyed the said two negroes to the heirs of Groves dec'd. as before mentioned. That the said heirs after said conveyance having a complete title brought suit against your orator for the negro girl Mary & your orator believing that said negro girl would be taken from by law & that he would be compelled to pay her value to the said heirs was forced to purchase her from the heirs of the said Elizabeth Groves dec'd. and accordingly did on the day of purchase ____ purchase said negro girl of from the heirs afsd. as will appear from the Bill of Sale which will in ____ filed & made a part of this Bill marked C. Your orator is informed & believes that the afsd. Sampson Dukes had no right to sell said negroes as executor or otherwise; is informed & believes that the said negroes were fraudulently sold & conveyed for the purpose of defrauding the heirs afsd. for the payments of the said executor Sampson's own debts & that the whole matter on the part of said Sampson was done without warranty & with a fraudulent intent, that as guardian he had become indebted to more of the afsd. heirs of Groves, that he was removed & another guardian appointed, that he was sued for the amount due his own & that he the afsd. Sampson fraudulently sold & disposed of the said negroes for the purpose of paying the debt & liabilities of his own; that they were specifically denied (?) & that it was not necessary to sell them for the payments of debts due from decedent, that the said negroes were the absolute property of the heirs of afsd. Elizabeth dec'd. & that he was forced to purchase said negro girl Mary from the heirs as before stated. Sampson Dukes Executor as before stated departed this life [blank] leaving the following legal heirs & representatives viz. Hines Johnson & Elizabeth his wife formerly Dukes, John Wells & Courtney his wife formerly Dukes, Alfred Wells and Sally his wife formerly Dukes, David Dukes, Ephraim(?) Dukes, Cynthia Dukes, Mysinia Dukes, Polly Dukes, Nancy Dukes, Minda Dukes. Mysenia Dukes has since intermarried with Constant Oglesby. None of the said heirs, your orator is informed, are infants under the age of 21 years, your orator cannot now give their names. ____ with no appointed admin. of said decedent by the Muhlenberg County Court & qualified stated as ____. All of the said heirs & the persons with whom they have intermarried as before stated, M.P. Wells admin. of afsd. John Howell, David G. Willis, Thomas Bell & Charles Bell are made defendants hereto - Willis, Howell [blank] are non residents & reside out of this commonwealth. Your orator is informed & believes that the personal oath (?) of the decedent Sampson is executed, but that some real estate has descended to the heirs. Your orator states that the conduct of the decedent Sampson Dukes was contrary to equity & good faith, that he believes the afsd. Dukes had no right to sell the said negro girl Mary daughter of Gils who was bequeathed to Elizabeth Groves as afsd.. That said Sampson warranted the title in said Bill of sale & that the said writing & ____ has come into the possession of your orator. That your orator was forced to purchase the negro Mary of the heirs of Groves as afsd. stated. That he believes the heirs afsd. were the rightful owners. That the estate of the said Sampson is liable for the value of said slave. Under the circumstances and as your orator is ____ at law he prays the ____ suit (?) of afsd. against all the persons herein made defts. & that they answer the matters & things herein contained. And upon a final hearing of the case may it please your Honor to render a decree against the heirs as afsd. for the value afsd. ____ which your orator states was five hundred Dollars & grant all such further & general ____ as to equity ____.

[signature] Garland D. Craig
[signature] Pittman Adm. for Complt.

Muhlenberg County state of Ky. June 11, 1841.
This day Garland D. Craig personally appeared before me a Justice of the Peace for the County afsd. & made oath that the matters & things contained in the ____ in Bill afsd. Who from his own knowledge in ____ as stated from the information of this return them to be true. Given under my hand.

[signature] R.S. Russell JP

Contributed by Barb Curtis

Updated January 29, 2020