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invisible.gif (929 bytes) Part 11E. Documents: Heirs of Francis Peake, Charles Peak, and Edward Peak

11E1. The following summons to the heirs of Francis Peake is located in the Peake family file in the Nelson County Courthouse.

FRONT SIDE

The Commonwealth of Kentucky to any constable of Nelson County, you are commanded to summon William Peak, Elizabeth Peak, Milly Peak, Thomas Peak, Benjamin Peak, Edward Peak, Aquilla Carrico & Eleanor his wife, & the unknown heirs of Catharine Stephens, Dec'd, to appear at the office of the Clerk of the Nelson County Court on Saturday the 2nd Nov. 1848 to be present at a settlement then to be made by the County Court of Nelson County with Francis Peak Adm. of Francis Peak, Dec'd. Given under our hands this 20th Nov. 1848.

T. P. Lintherman C.C.
H. Gore N.C.

REVERSE SIDE

We acknowledge service of this summons

Elizabeth Peak
his
William (x) Peek
mark

Executed on Milly Peak                                                          1848
Thos. Peak, Benjamin Peak, Edward Peak, Aquilla Carrico & Eleanor his wife, & the heirs of Catherine Stephens, not inhabitants of Nelson County.

Executed on Milly Peak on the 27th of November 1848 to appear at the office of the Nelson County Court on the 2nd day of December 1848 to be present at a settlement then to be made as required by the face of this notice.
My fee paid by the Adm. 25 cts Geo. N. Able, cmd.

11E2. Deed to heirs of Charles Peak (Meade County Court record provided by P. J. Morrison45).

Jno. N. Peak & others
              vs.
Richard Percefull's heirs
             This indenture made this 30th day of October in the year of Our Lord One Thousand Eight Hundred and Sixty between Henry Haynes Comm. of the one part for E. G. Percefull, Jas. D. Percefull, Jno. Percefull, Jas. D. Waide & Mary Ann Waide his wife late Percefull, & David S. Gedan and Malvina his wife late Percefull, Murray Percefull, Geo. G. Gaither, Matilda Churchill, Jno. Hays, A. Hays, Elizabeth Hays & Hercules Hays, Heirs of Richard Percefull dec'd, and Jno. N. Peake, R. W. Peake, M. Whalin, Jno. Whalin, Absolom Ray, Ellen Ray, Jas. Redman, Nancy Redman, Jane Peake, Lucy Peake widow of Charles Peak, Heirs of Chas. Peak dec'd. Witnesseth that for and in consideration of One Dollar pd. _ , the party of the first part hath granted, bargained, sold, released & conveyed and being directed to do so doth by these presents grant, bargain, sell & convey on the party of the Second part all that tract or parcel of land lying in the County of Meade & bounded & described as follows, to wit,
             Beginning at two White Oaks & corner to Simpsons 1314 __, thence North 45O East 180 1/2 poles to Whalins Corner in Matinglys line, thence S45OE 12 1/2 poles to a White Oak Matinglys corner, thence with Matinglys line N45OE to a Post Oak, Vanmeters line, thence with Vanmeters line S45OE Sixty (60 1/2) & one half poles to a Hickory, thence with McCrackens & Phil Peakes line S44OW 368 poles to Peakes corner, again reversing from the two White Oaks S45OW 354 poles to some small saplings, thence S45OE following Jones line 76 1/2 poles to his corner, a hickory, thence N44OE to the Beginning, containing 283 Acres.
             And the said Henry Haynes Commissioner being directed to do so, doth hereby convey the title of the said Heirs of Richard Percefull dec'd to the said Heirs of Chas. Peak dec'd with the usual clauses of General Warranty.
             In testimony whereof he hath hereunto set his hand and affixed his seal this day and date first above written.                                                Henry Haynes (seal)
                                                                                Commissioner

                                   Examined and approved
                                              James Stuart, Judge
                        Commonwealth of Kentucky
                                    Meade Circuit Sct.
             I, William Fairleigh, clerk of the Circuit Court in and for the County and Circuit aforesaid do certify that on this day this deed made by Comm. was produced in Open Court and acknowledged by the Commissioner Henry Haynes to be his act and Deed for the purposes therein mentioned, and the same being examined and approved by the Court, was ordered to be certified to the clerk of the Meade County Court for Record.
             Given under my hand the 31st Oct. 1860
                                               Wm. Fairleigh, Clk.
                                               Meade Circuit Court

11E3. Suit of the heirs of John Kenelm Peak against Walter Boon et al. (Nelson County Court document, filed July 11, 1825)

To the honourable Judge of the Nelson Circuit Court in Chancery sitting - your Comp's [complainents] Thomas Thompson and Monica his wife, John Peak, William Peak, Henna Peak, Joseph Nevit & Jane his wife, Phillip Peak would respectfully shew to your Honour that about the year 1814 John K. Peak departed this life, leaving a considerable Estate of real and personal property, and that your Comp's are a part of His Heirs and representatives.

They would also state that the af'd John K. Peak in his lifetime made and published his last will and testament, which was duly proved & recorded, marked (A) and made part hereof, that by said last will he disposed of a small part of his property to different Legatees, the balance of which he died intestate, and that it regularly descended to his Heirs and legal representatives.

They would also state that Edward Peak, one of said decedent's Heirs and devisees, was named as executor in the last will and testament af'd, that at the February County Court for Nelson County the af'd Edward in the year 1814 took out letters of administration upon the estate of the af'd decedent which said letters of adminstr. is herewith filed, marked (B) and made a part hereof, that the said Edward paid bond with Walter Boon his security, for the due adminstr. of said Estate, which bond is herewith marked [C] and made part hereof, that the said Edward had the af'd Estate duly appraised, which said appraisement is herewith filed, marked (D) and made part hereof.

Now your Comp's would state that Polly French formerly Peak marryed Ignatius French, that s'd Ignatius departed this life shortly after the s'd John K. Peak, that the s'd Polly enters herself also Comps together with her Infant Children who sues by their next friend the af'd Polly French, who are Louiza, Nancy, Reuben, Preston, Susan, James & Gabriel, who are children of the said Polly who was one of the Children & Heirs & devisees of the af'd John K. Peak deceased..

Your Comps would also state that the s'd decedent John left Charles Peak one of his Children& Heirs, that Edward Peak the Exr. has lately departed this life leaving the following Children his Heirs & representatives, to wit Nancy, Mary Ann, & Elizabeth Peak who are minors & who together with Charles Peak and Walter Boon are made Dft,s [defendants] to this bill.

Now your Comp's would shew that the af'd Edward died insolvent and not worth one cent, that during his lifetime he wasted all of the personal estate of the af'd decedent John & failed and refused to pay the specific legatees or to make distribution of the Estate among the Heirs of the af'd decedent John, but used & converted the estate to his own Use. They would also state that the af'd John Died without oweing or being in debt one cent. The Premises considered and inasmuch as your Comp's are remedeless at Common law they pray the Commonwealth writ of subpoena and respondendum may be granted them and that the Dft's may make true & perfect answers to all and singular the allegations of this bill as if here again repeated and interogated, and that by a decree of this Court the af'd Dft's may be decreed to pay over to your Comps their respective parts of the af'd Estate, and inasmuch as the estate of the s'd Edward is insolvent & this estate being unable to pay what is due your Comp's, that the money may be made out of the af'd Walter Boon, and he be decreed to pay what is comeing to your Comp's out of s'd Estate and that the land may be sold & the use of the money go in the place of the land agreeable to the intention of the will upon bond & security being given to distribute the purchase money to the lawfull owners as will appear by inspection of the will, all of the persons to whom the use of the land being left having married or died except Henna Peak to whom the use of the land belongs.

They would also state that Ann Peak died a few days after the John K. Peak & that she is either the mother, stepmother, or grandmother of all your Comp's and of the Dfts Except Walter Boone. They pray for such other and further relief as the nature of their case may require and as to justice belongs. They as in duty bound would ever pray, etc.

Recdd B.

Peaks Heirs
   
vs. | Bill
Walter Boon
etc.

11E4. Response of Walter Boon to the suit brought by the heirs of Kenelm Peak (Nelson County Court document, filed Mar. 22, 1826)

The answer of Walter Boon to a Bill in Chancery Exhibited against him & others in the Nelson Circuit Court by Thomas Thompson & others. This respondent for answer says that he admits that John K. Peak departed this life as stated, and that before his death he made a will wherein John K. Peak was appointed executor, who afterwards took upon himself the execution of s'd will in the usual way, but he denies that said decedent left a large real & personal estate, he left a small tract of land say [amount left blank] acres & a very small personal estate, the copy of the will said by said Bill to be filed is not filed and of course he can't answer as to the will mentioned in s'd Bill designated by letter A, but when Complts files the will or a correct copy of it he will admit it & its provisions & all questions arising upon it he submits to this Court; the appraisement designated by letter D is not filed but when the true list is filed he of course will yield to its Correctness; he says the estate was quite small and what there was the children, heirs & devisees of s'd decedent purchased a considerable portion thereof; he here files a list of the sales of said estate with the money of the said Heirs & legatees who purchased at said sale & prays they may be compelled to account for & pay for what they purchased by a credit against their claims so far as their claims may extend & a decree agt them for the residue & by way of the Cross Bill calls on them to answer if they did not purchase the Items charged and contained in Vouchers here filed marked A; he also states that there were debts against s'd estate to the amount of $[amount left blank] as per voucher here filed marked B, which here informed s'd executor paid & prays a credit for expenses of administration & expenses attending the same; he also prays in case any balance may be found against s'd executor & yr respondent [] therefore he prays a decree to sell s'd executors part of said land to indemnify him in his [] as to all the other parts stated in Complts Bill not herein admitted he denies and requits himself.

11E5. Dismissal of suit against Walter Boone et al. (Nelson County Court document)

Thomas Thompson & Monica his wife, John Peak, Wm. Peak, Henna Peak, Joseph Nevit and Jane his wife, Phillip Peak, Polly French, Louiza French, Nancy, Reubin, Preston, Susan, James & Gabriel French the seven last infants by their next friend Polly French - Heirs and devisees of
John Kenelam Peak deceased                                 |Comps|
           vs
Walter Boon, Charles Peak, Nancy Peak, Mary Ann Peak, and Elizabeth Peak the last three infants.                                                                       |Dfts|

Peaks Heirs | The parties agreed to dismiss this suit by W. Boons paying all costs

vs

| & ten dollars without prejudice to the landed estate.
Peaks adm. & Boone |
Witness        Phillip Peak (his mark), Walter Boone (his mark), William Peak,
      Charles Peak, Joseph Nevitt, Thomas Thompson
E. N. Smith

 

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