Deed, Adam & Esther Gearhart to John P. Martin, 24
March 1850
State of Kentucky, Floyd County Court.
Herein of a contract made and entered into on the 24th March
1850 between Adam Gearhart and Esther his wife of the one part and Jno. P.
Martin of the other part.
Witnesseth: that for and in consideration of the sum of one
thousand dollars paid as follows to wit: $388.52 of debts on Henry O.
Harris now due, $170.00 to Greenville Lackey for which he holds a note on said
Gearhart and $250.00 to Rhody Gearhart the daughter of Adam Gearhart to be
paid in six months from this date and the remainder being the sum of $191.48 to
be paid by said Martin in six months from this date either in money or such
notes as will suit the said Gearhart that he owes to individuals.
For the above consideration the aforesaid Adam Gearhart &
Esther his wife do hereby bargain sell and deliver to the aforesaid Jno. P.
Martin & his heirs forever the following tracts or parcels of land the title
to which they do warrant and forever defend to the said Martin & his heirs
or assigns reserving to Elizabeth Harris the land she lives on as long as she
may live being the same she has had in possession the land and that after her
decease the said land shall belong to the said Martin as above granted. To
wit: all the tracts or parcels of land in and adjoining the old tracts
sold by John Graham to John Harris lying in the County and state aforesaid on
the waters of Bull Creek and bounded as follows. Beginning at a sycamore
on the river bank at the lower end of the bottom thence S 49 degrees E 38 poles
to a sugar tree & beech on the side of a ridge, N 72 W 52 poles crossing
Bull Creek to a sourwood & beech N 6 degrees E 28 poles to a white Oak &
beech N 24 degrees E 54 poles to a white oak and black oak on the point of a
ridge S 76 degrees E 58 poles to a hickory & beech on the point of a ridge
by a area N 12 degrees W 87 poles to an elm & mapple on the river bank
thence running down the river with the meanders thereof 179 poles tot he
beginning containing 60 acres (more or less) deeded to Jno. Harris by Jno.
Graham on 23rd September 1824 and recorded in Deed Book B page 413 in the Floyd
County Court Clerk's Office and bounded as follows. Beginning at the mouth
of the Big Branch on the south west side of Sandy River which empties into the
same between Jno. Harris and the plantation Richard Cains formerly lived on
thence running up said branch to the first cliff where the hill binding on said
branch to a beech marked for a dividing line thence running up the point of a
ridge on the west side and continuing along the same to the back line of the
survey thence running down with the back line of the survey to the dividing line
between the sixty acre lot said Harris lived and the next sixty acre lot above
him, thence with the dividing line between the same to Sandy River thence
running up the river and binding thereon to the beginning to have and to hold as
aforesaid to the aforesaid Jno. P. Martin also all the lands described in book
E. belonging to the Floyd County Court Clerk's office pages 76 & 77 and
deeded by James Harris on those pages to the aforesaid Adam Gearhart 22nd Aug.
1842 also all the lands included in a two hundred survey made by John Harris
around the old farm where he lived and patented to him the said Harris.
This is excepted from the above two hundred acre survey all the land contained
in the the above a straight line from a sycamore on the east side of Bull Creek
to the cucumber on the west side that being the lower end of the land of Wright
Justice sold to him by Jno. P. Martin &c. the title to the above tracts of
land the aforesaid Adam Gearhart & Esther his wife do forever warrant and
defend to the said Jno. P. Martin & his heirs.
They the aforesaid Adam Gearhart & Esther his wife also
sell to the said Martin all their legal and equitable title (without warranty)
to a certain survey made by said Gearhart in about 1849 commencing on the
cucumber tree above named thence to a chestnut on Write brand or Dawsons branch
from thence to a poplar & from thence to a low gap to a black gum said t be
a corner tree of Jno. Friend & K.N. Harris thence to a large oak on the same
line thence over the top of a knob towards the river to an ash blown down,
thence to the lower corner of the 200 acre survey above named made by Jno.
Harris thence up the river with said line back to the cucumber. A quit
claim title to it said boundaries include all the land owned by Adam Gearhart on
Bull Creek and known as the Jno. Harris Farm with the exception made from out of
the 200 acres survey and they further agree to pay the aforesaid Jno. P. Martin
Seventy five cents rent for the said land untill the 10th of March next and take
care of the timber and rails and not to injure said place but to give peaceable
possession at that time.
In testimony whereof we have herewith subscribed our hands
and seals the day and date above noted. /s/ Adam Gearhart, seal, Esther
Gearhart, mark and seal
Receipts, IOU's Mentioned in Suit Below
Know all men by these presents that I James Pendleton have heretofore secured
from my father in law Adam Gearhart one Negro girl aged 17 years the 24th July
last and one negro boy named Wyatt about 7 years old the two of the value of six
hundred and fifty dollars also one saddle of the value of $20 and also other
property including bedding of the value of $350. The whole amounting to
the sum of one thousand dollars and it is expressly understood that the said
property was given to me as advancement to my wife who is the daughter of the
said Gearheart and I am not to receive anything more from his estate should he
die intestate until all of his children shall have received advancements tot he
same amounts. Witness my hand seal this (blank) day of (blank) 1833. James
Pendleton, seal, Frances Gearheart.
Received of my father Adam Gearhart one negrow man named Dinas and one tract
of land on the right hand fork of Bever Creek being a part of my fathers old
farm as the deed from him to me and a deed which I have this day made to him
will fully explain the bounderry as advansement from him to me as part of his
estate and I am to pay to my sister Caty Gearhart $250.00 and to my sister Rhoda
$250 making five hundred dollars and after paying the above sum I receive the
above land and negrow at the sum of one thousand dollars and is to have no more
untill all my brothers and sisters shall have received one thousand dollars each
of his estate to be valued to the rate of the property that Peggy Tarter
go. Received this 29th day of January 1845.
Test: H.G. Spradlin,
/s/ J.A. Gearheart
Received of Adam Gearhart our father and father in law one thousand dollars
in full of a deed of gift maid by said Gearhart to us of a slave named Cate and
hir increase it being the full amount that we are to have of said Gearhart's
estate untill the ballens of said Gearharts children gets the same amount of one
thousand dollars cast this 11th day of April
1846.
/s/ Jno. M. Harris, seal, E. Harris, mark and seal.
Due M. Friese in settlement of all accounts twenty one dollars for value
received one month after date. Prestonsburg, Dec'r 19th 1849. A.
Garehart.
Mr. J.P. Martin will pleas pay David Gobble four dollars for me & I will
pay you the money on sight. Given for corn & oats. Apl 18, 1851,
Adam Garhart.
Test. B. Vaughan Jr.
Six months after date we or either of us promise to pay Martin & Cooley
ten dollars and fifty cents for value rec'd this 2nd day of April 1852.
/s/ Wm. Gearhart, Adam Gearhart. Witness: George Fletcher, his mark.
I have this day rec'd of my father Adam Gearhart on final settlement in full
of all justs due and demands of every kind whatever from the foundation of the
world up to this time. I say rec'd in full Oct. 23rd day 1853. /s/
J.A. Gearhart. Wit. JJ Straton, Wm. H. Fitzpatrick.
For one pair boots of Jno. P. Martin we or either of us will pay him four
dollars and fifty cents one day after date. Witness our hands &
seals. Nov. 2, 1855. Adam Gearhart, Wm. J. Gearhart, his mark.
Witness G.M. Witten.
Mr. Cooley you can put my name to that not he owing you. A. Garehart.
The Lawsuit, Heirs vs. Adam Gearhart Estate, 28 August 1856
The Commonwealth of Kentucky to the Sheriff of Floyd County greeting.
You are commanded to summon Easter Gearhart, John Gearhart, James Gearhart, Arta
Gearhart, Jefferson Gearhart, Miram Gearhart, Apperson Gearhart, Adam Gearhart
Jr., Michael Tarter who married Marget Gearhart, John Martin & Ann Martin
late Gearhart, Jane Vaughan & Robert Vaughan infant heirs of Susan Vaughan
deceased who was the wife of Burill Vaughan late Gearhart, John Halbert &
Fanny his wife late Gearhart, James P. Harris & Sarah his wife late
Gearhart, Joseph A. Gearhart, John J. Stratton & Catharine his wife, John M.
Harris & Elizabeth his wife late Gearhart, Rhoda Fitzpatrick who married
William H. Fitzpatrick widow & heir of Adam Gearhart deceased to answer in
twenty days after the service of this summons on them. A petition filed
against them in the Floyd Circuit Court by Joseph Gearhart & Wm. H.
Fitzpatrick administrators of the estate of Adam Gearhart deceased and warn them
that upon their failure to answer the petition will be taken as confession they
will be proceeded against for contempt and you will make due return of this
summons on the first day of the next November term of said Court. Witness
James Trimble, Clerk of said Court this 28th day of August 1856.
Deposition of Esther Gearhart, 3 October 1856
Hetty Garehart plaintiff against the hairs and creditors of Adam Garehart
decest defendents.
The plaintiff states that menny years cence she intermarried
with the decest Adam Garehart and she states that as a firme sale she was posest
of real estate in this Floyd County laying on Sandy river near the mouth of Bull
Creek and she states that after counetence to wit on the (left blank) day of Apl
1850 she sold said lands to John P. Martin for the sum of one thousend dollers
and that hir and hir said Husband joind in the deed for the purpose of fully
convaying said lands but she states that it was destintly understood that the
price given for the land should belong to this plaintiff and be for hir seperate
use and benefit this agreement was made before she would and did signe convayens
and she states that hir said Husbend reserved the aforesaid fund to be held by
him as hir trustee for hir seperate benefit. She states further that some
time cens to wit on the 8 day of Jen 1848 hir said husband purchest a negro
woman named Letty that is now in the posesion of this plaintiff and about ___?
on three year after the purchis of said woman hir said husband appropriated five
hundred and five dollars of the fund to the payment of said debt and its
interest on the same and said slave to be hir slave and she states that the
ballans of the fund which she belives to be at least fore hundred and sixty
dollars has been otherwise appropeated by hir husband in a posining his children
that he had by another woman. She states that sins the purches and payment
of said woman Letty and sins said fund has so apropreated as aforesaid said
Letty had two children to wit Dennis and Catey whitch is in the posesion of this
plaintiff under this state of case she parays for a decree of this court for the
said womand hir two children to be set a part as hir sepperate propperty without
regard to hir thirds in the estate of hir desest husband and a decree against
the estate for the fore hundred and sixty dollers with interest on the same sins
the fund was appropreated by hir husband and and if the slaves can not be decrid
tohir then she parys for a decree against the estate for one thausent dollers
and interest on the same and for a lean on said slaves titl the aforesaid debt
is maid and all other propper reliefe.
/s/ Esther Gearhart
A Document Appointing Guardians
1856 Nov. term. Mr O__(?) for A. Gearhart, Michael Tarter &
Margaret Tarter, Order reference to Court 1856 Nov term. Court report
files & ordered to lay over till 7th Aug Re commuted to Master to report
____ ____(?). Jas. Timble aptd guardian for sa__? Jefferson, Miraim,
Apperson & Adam Gearhart Jr, Repplamentary (?) Court report filed.
Leave to Harris to withdraw claim. Judgt ordering sale of negroes.
Jas. Trimble allowed claim of $4.00 with int. also allowed $50 for services as
court ...
Page 2
Joseph Gearhart and Wm. H. Fitzpatrick amr of the estate of Adam Gearhart
deceased. Against sd Petition in Equity Easter Gearheart, John N.
Gearhart, James Gearhart, Arta Gearhart, Jefferson Gearhart, Apperson
Gearhart, Miram Gearhart, Adam Gearhart Jr, Michael Tarter who married Margaret
Gearhart, John Martin and Ann Martin late Gearhart, Jane Vaughan & Robert
Vaughan infant heirs of Susan Vaughan deceased who was the wife of Burwell
Vaughan Jr, John Holbert and Fanny his wife, James P. Harris & Sarah his
wife late Gearhart, Joseph A. Gearhart, John J. Stratton and Katharine his wife,
Cate Gearhart, John M. Harris and Elizabeth his wife late Gearhart, Rhoda
Fitzpatrick who married Wm H. Fitzpatrick widow and heirs of Adam Gearhart
deceased. Petition files April 16th 1856. Served & __ copies vs.
all the above named defts ___ to Mar term but not exd. Ea__ 24 comis &
___ executed on all the defendants not warned. Oro Omus.
Affidavit of John P. Martin, 2 November 1857
This Affiant John P. Martin states that note attached No 1. for $10.50
due 2d Oct 1852 executed by Mrs. Gearhart & Adam Gearhart to Harris &
Cooley & assigned to him, also No 2 one note executed by Adam Gearhart for
$21 to Mr. Friese due 19th June credited 2d Sept 1850 by $2.25, No. 3 one note
exd by A. Gearhart to Mr. J. Gearhart for $4.50 to Martin due 2d Nov 1855.
No. 4 order dra... by Adam Gearhart on J.P. Martin ____ of David Gobble for $4
Apl __ 1851. No. 5 note executed by Adam Gearhart to David Patton for
$16.12 due 1st Oct 1847 & assigned to Martin and just and due & never
paid to his knowledge or belief (next few word unreadable) and that ___ in no
just office or discount against the same executed as given above know to heirs
not there is no ... can't read. /s/ Jno. P. Martin.
Martin & Cooley note: (No. 1) 13.70
(No. 2) 27.17
(No. 3) 5.04
(No. 4) 5.56
(No. 5) 25,87
Total Due $77.34
Answer of James Gearhart, 12 November
1857
Esther Gearheart against Joseph Gearheart &c.
The defendants James Gearheart for answer to plaintiff’s counter claim
says that the claim of the plaintiff he believes to be just and his is willing
that Letty & her children be set apart to the plaintiff as her separate
property & that he is willing that she may have her $460 with its interest
set apart & paid over to her.
He says that he is a son of Adam Gearheart dec’d and is as such one of
his distributors, that his father in his life time advanced to his son Joseph
Gearheart one thousand dollars or over in money & property, that he advanced
to J.J. Stratton & his wife the female being his daughter $1000 or over to
and to all his older children who arrived at 21 years & married &1000 or
upwards except to his daughter Mrs. Susan Vaughan he only advanced about the sum
of $500. She is dead leaving two
children, Robert & Jane Vaughan who are infants.
He prays that all other said heirs of said A. Gearheart may be made Defts
hereto & he prays that he may leave his portion of the estate of his father
& for a distribution of his estate & for all proper and appropriate
relief.
/s/ Peters for James Gearheart.
Deposition & Answer of Heirs, 17
March 1858
The Defendant James P. Harris & Sarah Harris his wife
late Sarah Gaheart, Margaret Tarter late Margaret Gaheart John Martin &Ann
his wife late Ann Gaheart John Holbert and Fanny his wife, late Fanny Gaheart,
Joh J. Stratton & Catherine his wife late Catharine Gaheart, William H.
F.Patrick and Rhoda his wife late Rhoda Gaheart & Joh M. Harris and
Elizabeth his wife late Elizabeth Gaheart heirs at law of Adam Gaheart dec'd,
for answer to the petition of Easter Gaheart widow of Adam Gaheart decease says
they the deny the charges set forth in the cross petition and answer of
the said Easter Gaheart and further state that the Negro Lett was purchased some
five years before the lands charged to have been sold to A. Gaheart under a
decree of the Floyd Circuit Court in the cause of Reynolds heirs against
Reynolds heirs for a division of the estate, and that the lands named was
conveyed to the said A. Gaheart by Jas. R. Harris and paid for by him out of his
own money in his own right about the year of 1832 and the said Easter was at the
time largely indebted to the various merchants at that time merchandising in the
town of Prestonsburg and elsewhere and the said Adam Gaheart had the said
Easters debts to pay for $ (blank) and they further charge that lands or
interest convey by Jas. R. Harris was worth at the time of the sale to J.P.
Martin about two hundred and fifty dollars and about twenty five years after the
said sale A. Gaheart and the said Jas. R. Harris in the Floyd Circuit Court upon
his title bond for a wright to the lands named in the pleadings in the above
named cause, the defendants Peggy Tarter says in her husbands lifetime received
$1000 but $400 of the $1000 was in a negro man named Hampton willed by John
Spurlock in his lifetime to his daughter Rhoda Gaheart late Rhoda Spurlock, this
deft's mother and therefore she had a right to receive him as an heir of her
mother, A. Gahearts first wife. The Deft. John Martin and Ann his wife
says they received of . Gaheart one thousand dollars by way of advancement and
no more and that was in two negros & the balance in personal property.
The Deft. John Holbert and Fanny his wife late Fanny Gaheart admist that they
rec'd of A. Gaheart by way of advancement one thousand dollars but four hundred
dollars of the above named sum was for a negro girl named Polly who was willed
by John Spurlock to Rhoda Gaheart late Rhoda Spurlock her mother and therefore
had the interest as heir to the same. The Deft. A.J. Stratton and
Catharine his wife late Catharine Gaheart says they rec'd as an advancement
$1000 of A. Gaheart and no more. The Defendant James P. Harris & Sarah
his wife late Srah Gaheart states that they rec'd of A. Gaheart as an
advancement one negro girl worth about $400, one horse worth about $60, two cows
worth about $10 each, one bureau worth $16, one samll table stand worth $8, one
old table worth $5, 26 lobs of feathers worth about 25 per pound $6.50 making in
all the sum of $510.50 one Negro boy about six years old with his hip out of
joint and affected with scrofula (a tuberculous disease of lymph nodes and of
bone, with slowly suppurating abscesses) which died soon thereafter which A.
Gearhart said he would give to us if he the (Negro boy) got well & proved to
be a sound health Negro which he never did and he (Gaheart) said if the negro
did not get well he would take the negro home and give us another. They
further state that John Gaheart rec'd a tract of land worth $2000 and Joseph A.
Gaheart rec'd one other tract of land worth $3000. They therefore call on
their answer as to the above charge the heirs first above named charge that John
Spurlock willed about one hundred and fifty acres of land covering the land
where Esther Gaheart now lives also where the town of Prestonsburg now stands to
his daughter Rhoda Gaheart late Rhoda Spurlock these Deft's mother as will more
fully appear by the record written they therefore pray that they have a decree
for the above named land and for all general and special relief, the
further state that as to the educating the minors they at this time have
as good education as the first or oldest family of children had and that the
first family of children aided largely by their work in building up the estate
of Decedent and the young one has spent largely of the said estate and worked
none or hardly any. They therefore deny there right to have any thing
allowed for their education out of the general estate. They further state
that they think it is true that Esther Gaheart heired abut three fourths of the
land sold to J.P. Martin by A. Gaheart but the black girl Lett and family was
bought and paid for long before and not one dollar of the before named price of
this land as we believe was paid for the negro as will be shown by reference to
the deed of Gaheart to Martin and also the sale of the negro by Reynolds as
heirs to Gaheart which papers is filed in the Floyd County & Circuit Courts
and they pray for all general and special relief. /s/ Jas. P. Harris.
Statement of
Disbursement by Heirs, 8 May 1858
Floyd Circuit Court
The defendants David K. Harris and Arta his wife, James B. Gearhart, Jane Vaughan
& Robert Vaughan the two last heirs & children of daughter Susan Vaughan
decd late Susan Gearhart bye their natural guardian & guardian ad litum
& father Burwell Vaughan Jr., Jefferson, Gearheart, Miram Gearhart, Apperson
Gearhart, Adam Gearhart, the last four named persons minors of the pro___(?)
& guardian ad litem Hetty Gearhart, Isaac H. Fitzpatrick, Cleopatra
Fitzpatrick, minors and ___(?) heirs at law of Rhoda Fitzpatrick dec’d late
Rhoda Gearhart by their father, natural guardian & guardian ad litem for
answer to the original & several (?) each
delivers &c. on their cause say that the Father & Grandfather in his
life time advanced to his just sett of children as follows:
To Joseph A. Gearhart about $4000 in cash & land to Margaret Tarter
$1000, to Catharine Stratton $1000, & to his daughter Rhoda, the mother of
Isaac & Cleopatra Fitzpatrick $1000, & to Susan Vaughn the mother of sd.
Jane & Robert about $500, to the younger set of children he had advanced
nothing, son John & Susan they say that sd. Adam Gayhart had by his second
wife the said Hetty Gearhart eight children all of above are living except Susan
Vaughan & John. Susan died
before her father & John since. Said
John died without being married & without children leafing the while and
half brothers & sisters & mother his heirs at his …
rest of document missing.
Notice to Heirs
to Take Depositions by Esther Gearheart, 28 March 1859
Floyd Circuit Court
Adam Gearheart Admrs plaintiffs against petitions in equity.
Adam Gearheart’s heirs & creditors defts.
Messrs James P. Harris, J.J. Stratton, Joseph Gearheart, William H.
Fitzpatrick, A.J. Harris guardian ad litum for the infant heirs of Wm. H.
Fitzpatrick two it. Cleopatra and
Isaac H. and J. M. Burns atty for non resident defendants and James Trimble
guardian ad litum for the infant heirs of Burwell Vaughn, deceased, to wit.
Robert and Jane and also the infant heirs of Adam Gearheart dec’d to
wit. Miram Jefferson Apperson and Adam take notice that I shall on Tuesday the 5th
day of April next at the examiners office in the town of Paintsville Ky and on
the ninth day of same month at the law office of J.M. Burns in the town of
Prestonsburg proceed to take the depositions of sundry witnesses to be read as
evidence for me in the foregoing suits now pending in the Floyd Circuit Court
and the taking of said depositions both at Paintsville and Prestonsburg will be
adjourned from day to day until completed this 28th of March 1859.
/s/ Easter Gearheart
