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Greathouse Point > Greathouse Archives > USA > KY > Bourbon County

Greathouse vs McCreary: Deposition of Gabriel Greathouse

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1799 - Paris District Court: Chancery Case # 3166, Gabriel Greathouse vs Andrew McCreery, Mary McCreery, Richard Morris and others

Deposition of Gabriel Greathouse, 3 Oct 1799

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To the honble the Judges of the district Court held at Paris for the District compoased of the Counties of Bourbon and Harrison in Chancery Sitting. Humbly complaining sheweth unto your honors your Orator Gabriel Greathouse That your Orator is the Son and only Heir and Relic tentative of a certain Daniel Greathouse dec'd and who departed this Life sometime in the year 1777 at the County of ... in the State of Virginia Intestate and without will in writing or other wise.

Your Orator States that a certain John Greathouse Brother to dec'd took out from the Court of the County cert af'd Letter of adm'n on the Estate of him the said Daniel dec'd. He also shews that afterward To wit on the day of ... in the year of ... Mary Greathouse the mother of your Orator and the relict Widow of him the s'd Dan'l dce'd also obtained and took out Letter of Adm'r from the said Court which part mentioned Letters of Adm'r made null and void those formerly taken out by him the said John Greathouse.

Your Orator further shews that a certain Isaac Cox and John Harden entered duly into Bond in the Clerks office of the Court last af'd together with her the said Mary as her Securities for the due Adm'r of the Estate of him the said Daniel Dec'd. Your Orator States that some time in the year ..., she the said Mary intermarried with a certain Andrew McMcrery both of whom your Orator prays may be made Dfts ... and the

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adm'r of the Estate of him the said Daniel Dec'd devolved On him the said Andrew in Right of his said Wife.

Your Orator shews that during the Adm'r of him the said the John Greathouse an Inventory of the Estate of him the said Daniel dec'd was duly made out, and the goods chattels &c contained in the same were duly and Legally Appraised by Appraisers duly appointed by the said Cert mentioned Court by which also the Adm'r was granted as Af'd and the same was duly returned to the said Court by which said Inventory and appraisement as returned the Estate of him the said Daniel Dec'd which came to the hands of him the said John Greathouse amounted to the Sum of three hundred and ninety eight Pounds Ten Shillings and Eigth pence Virginia currency as will more fully appear by an attested copy of the said Bill or Inventory & Appraisement so returned to the said Court and which your Orator prays may be returned and taken as a part of this his Bill.

He further charges that when the adm'r of the said Estate was duly committed by the said Court to her the said Mary as before stated that all the Estate of him the said Daniel dec'd then in the Hands of him the said John Greathouse and Unadministered was by him delivered over to the hands o her the said Mary as adm'r as af'd amountive to the sum of Two hundred and Eighty

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three pounds nine shillings and three pence Same currency as by the Rect. in writing of her the said Mary given while she was sole and owing her Admr as af.d Reference thereto ins had will more fully appear and which your Orator pray may be refered to and taken as a part of this his Bill.

Your Orator further shews to your Honors that sometime before the Intermarriage of him the said Andrew McCrery with her the said Mary as before shewn that on the __ day of ________ in the year or there abouts while she the said Mary was sole she was only appointed Guardian to your Orator who was then an Infant and under the Age of 21 years, by the Court for the County of Monongalia in the said State of Virginia and she the said Mary at the same time together with a certain Richard Morris as her Security Entered into Bond in the Clerks Office for said County as the ban directed for the due performance of the duty or Trust of Guardian to your Orator as afd. But your Orator is now unable to state the penalty of the said Bond last mentioned or to produce the same or a Copy thereof as unfortunately since the Exm of the same, The Clerk Office for the County last afd together with all the Papers Record Bonds Deeds & in the same

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then being and among other things the Bond afd was then & there accidentally burnt and destroyed by fire. But your Orator well hopes that this honble Court will presume that the said Bond last mentioned was taken with a penalty sufficient to cover double the amt of the said Estate of him the said Daniel decd. coming to your Orator or other wise, as the amt. of the same could then have been and is now evidenced and ascertainted by written and authentic documents, as was the duty of the said Court.

Your Orator further shews that some time in the Month of January in the year 1798 your Orator became of the full and Lawful Age of 21 years And he most Expressly charges that he has often demanded but has never recd. of her the said Mary or any other person any part of the Estate of him the said Daniel decd. so of right coming to him or any Just amt of the proper disposition there of alth he is well advised that no debts or very inconsiderable ones were due to any persons or persons from the said Estate. And thn by Equity and good consience your Orator is Entitled the amt of the Same with legal interest thereon. Your Orator also charges that he the said Richard Morris in full conviction of your

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of your Orators Equitable and Just demand against him as security for her the said Mary Guardian for your Orator as afd and Expecting and believing that your Orator would commence a suit against her the Mary as Guardian to your Orator and agaisnt him the said Richard as her Security; for the Estate of him the said Daniel Greathouse decd. coming of right to your Orator as before stated: he the Richard in contemplation of the same and of Fraud Cover and Collusion combining together with a certain Morris Morris his Son without any, or with only a colorable consideration, the the said Richard hath a certain Deed of Conveyance of Indenture Recorded in the Clerks office for the County of Bourbon bearing date on the 21st day of August 1799 conveyed transfered and set over to him the said Morris Morris his son all and singular his goods chattels rights credits Lands Tenements and Hereditaments and Even his household Furniture therein particular by described which said Deed of Indenture your Orator does Expressly State to contain all the property or Estate of him the said Richard

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whatever nature or kind which he was then or now is in profession of or has a right or claim to. For greater certainty your Orator prays that reference may be had to and Attested Copy of the said Deed of Conveyance that the same annexed to this Bill may be taken as a part thereof.- Your Orator further shews that the said Defts. Andrew McCrery and Mary his wife were at the time of making the said Fraudulent Deed of Conveyance and still are Insolvent and unable to satisfy and pay to your Orator the amt. of the said, Estate of him the said Daniel decd. of right coming to your Orator as he Equitable trusts he shal get a Decree therefor from your Honble Court; of which circumstance they the said Ricard Morris and Morris Morris his son were well apprised before the making of the said Deed of Conveyance herein before referred to. And he the said Richard before the Executing of the same gave out in Speeches that he would make such a Conveyance as the one refered to, in order to prevent or obstruct your Orators Just Claim . . . demeurd against him for his . . . Acct. of his

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Securityship for her the said Mary as herein before stated.- And he the said Morris Morris was fully acquainted with and aiding and abetting and assisting in the said Fraud in the Exn of hte said Deed of Conveyance and the Transfer intended thereby - Both of whom, To wit, Richard Morris and Morris Morris your Orator prays may be made Defts. to this his bill of Complaint.- But now so it May it please your Honors that they the said Defts. with divers other confederates to your Orator unknown who when discovered your Orator prays may be made Defts. to this his Bill with Apt words to charge them as such combining confederates and associating together how to Injure defraud and oppress your Orator. Altho the said Defts. Andrew and Mary could not be ignorant of your Orators Just claim against this On Acct. of the Estate of him the said Daniel decd. of right coming to your Orator as afd. and altho they the said other Defts. Richard Morris and Morris Morris his son could likewise be Ignoratn of the Justice of your Orators demand against him the said Richard as Security for her the said

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afd. yet have they all and Every and Either of them refused to settle with or in any wise to compensate or make your orator whole on acct. of the same.

In tender Consideration whereof and for as much as your orator is remediless in the premises at Law and can only be relieved in Equity Where matters of this Kind are properly cognisable and accts are derect to be rendered and settled by and between Guardians and their Wards.

To the End thereof that they the said Defts may be compelled on their coporal oaths true direct and perfect answers to make to all an singular the facts herein State and charged as fully & completely as if the same were to be herein again repeated and interogated particularly. And more Especially that they the said Defts. Andrew and Mary may answer and on oath say & discover are not the accts. herein before refered to Just To Wit the Inventory and appraisement Bill here to annexed? And is not the Rect. of her the said Mary here to annexed Genuine or the Copy of a genuine one? And what part of the Estate of thim the said Daniel decd. did come to her hand to what Amt?

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Did not she the said Mary become duly apppointed and did she not undertake as Guardian for your Orator as herein before charged? Did she not also duly undertake the admn. of the Estate. To wit the Goods Chattels &c of her late husband Daniel Greathouse decd and How did she dispose of the Effects of her late Husband so come to her hands has she ever settled with your Orator accounted or Paid to him any and if any what part of the said Estate of him the said Decd. since the full age of your Orator? And in what manner and at what times? And that they said other Defts. Richard Morris and Morris Morris may also on Oath Particularly discover Was not he the said Richard Security for her the said the said Mary in her said Guardianship? An did he no enter into Bond with her conditioned agreeably to fair and what was the Penalty of that Bond was it not double the amt. of the Estate or of that part of it which is herein before charged to have so come to the hands of her the said Mary? Does not he the said Richard know, is he not well informed or

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not believe that the said Bond so entered into by her the said Mary and by him as Security for her as Guardian to your Orator was burnt or Destroyed in manner herein before Stated. Did not he the said Richard under the ful Impression of your Orators Equitable demand against him as Security for her the said Mary; thereafter to transfer and convey away all his property in order to defeat the Said Demand? and did he not in pursuance of such his threat or declaration make and Execute the said Fraudulent Deed of Conveyance herein before refered to? And would he the said Richard have Ever made such conveyance had he not have been Security for her the said Mary as afd? And that he the said Morris Morris may likewise on oath discover. Was he not well apprised of your Orators Just demand against his Father Richard on acct. of his being Security as Afd. to her the said Mary, both prior to and at the time of the making of the said Deed of conveyance of his Father to him herein before referred to? And did he not at the time of his Executing the samd know or believe it to be the intention of his Fa

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Father by means of the same to Evade or Defeat or prevent your Orators said Demand on the said Acct.? Had he not heard his Father say or had he never told him or others in his hearing that he would make such a conveyance as the one refered to in order to answer the said Purpose your Orator has charged? How much yearly or otherwise did he the said Morris Morris lay or depend towards the Sustenance or Support of him the said Richard his Father before the making of the said Conveyance and how much will it not take year reasonably to support him the said Richard? Did he said Morris and Morris give Any if any what consideration for the making and executing of the said Deed of Conveyance refered to And that by a Decree of this honble court they the said Defts. Andrew & Mary Mary acct fairly and fully to your Orator respecting the said Estate of him the said Daniel Greathouse decd. So of right coming to your Orator and that the said Fraudulent deed of Conveyance So far as it Effects the Just claim of your Orator

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be decreed and holden for null and void or that he the said Morris Morris may in that behalf be decreed to be a Trustee for the Use of your Orator And that this Honble Court will decree to be made to your Orator Such Sum composed of that Originally due Yr. Orator with Legal Interest thereon out of the Estate of such of the Defts the Court may think Equitable & proper And such other and further relief in the premises to ____ as to Equity and good Conscience may belong And your Orator as in duty will Pray & c.

J. Bledsoe for the Complt.

Sources:

Bourbon County, KY, District Court Records, 1799, Oct 3 - District Court, Bourbon County, KY: Chancery Case # 3166, Gabriel Greathouse vs Andrew McCreery, Mary McCreery, Richard Morris and others. Deposition of Gabriel Greathouse, 3 Oct 1799, Pages 1-12.

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