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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Sources:

Bourbon County, KY, District Court Records, 1799: Chancery Case # 3166. Depostion of Gabriel Greathouse, Page 1 - 12.