|Harlan Circuit Court|
|Hiram Jones, Speed Jones
Jarvis Jackson, Fanna Jackson
Wilkerson Howard, Polly Howard
|Green Jones, Jackson Jones, Wiley Jones
John Jones, Thomas Jones, Ewell Jones
Frank Jones, Carlo Jones, Louisa King
Lee King, A.F.C. Jones, Mary York
------- York, Louisianna Jones, Wm E. Jones
Emily J. Jones, Milton Unthank, Jerusha Smith
G.W. Smith, Sarah Skidmore, Isom Skidmore
Louisa Skidmore, Carter Skidmore, Ewell Unthank
William Unthank, Milly Unthank, Calvin Unthank
Mary Holifield, Lewis Holifield, Milla Smith
Andy Smith, John C. Jones, Martha Jackson
John H. Jackson, Nimrod Jones, Salla Hoskins
------- Hoskins, Elza Mcgee, James McGee
Wiley Jones Jr
|The Plaintiffs Hiram Jones, Speed Jones, Jarvis Jackson, Fanna Jackson, Wilkerson Howard & Polly Howard state that their ancestor John Jones Sr departed this life domicile in Harlan County Kentucky on the ___ 18___ having first made and published his last will and testament by which said Will he left to all of his children an equil portion of all his estate which consisted in a tract of land in Harlan County hereinafter described Except his son Green Jones who was to have no portion of said land, he having been provided for by the testator, and that his grandson John Jones, son of Jackson Jones should have an equail portion of said land with his children. That said Will was signed and acknowledged before Elikial Creech.
and after the death of said Jones the same was delivered to Daniel Wilson presiding judge of Harlan County by _____________________ That before the same could be probated it was lost misplaced or distroyed and have never been put to record in the County Court of Harlan County Kentucky but the Plaintiffs are willing and desire that the aforesaid Will should be made effective and carried out according to the desire of their ancestor.
The Plffs further state that their ancestor left no debt against his estate known to them that there was no Executor appointed by the Will and that there have been no administrator appointed, that in addition to the Plffs He had the following children: Luke Jones who died previous to John Jones leaving no children; Martin Jones who died before his Father leaving the following named children to wit Thomas Jones 1, Ewell Jones 2, Frank Jones 3, Carlo Jones 4, Louisa King 5 who married Lee King, all of whom are infants under the age of 21 years; Salla Unthank who died before her ancestor John Jones, who left the following children Milton Unthank, Jerusha Smith who married GW. Smith, Sarah Skidmore who married Isom Skidmore, Louisa Skidmore who married Carter Skidmore, Calvin Unthank, William Unthank, Ewell Unthank, Mila Unthank are unmarried and infants under the age of 21 years. Also had a son Edmund Jones who died before his father John Jones leaving the following children, Mary Holifield who married Lewis Holifield, Milla Smith who married Andy Smith, John E Jones, Martha Jackson who married John H Jackson, Nimrod Jones, Salla Hoskins who married __________ Hoskins, Elza Magee who married James Magee & Wiley Jones. Also Mark Jones who died before his ancestor John Jones left the following heirs to wit, A F C Jones, Mary York who married ___________ York, Louanna Jones, William E Jones, Emily J Jones. he also left the following sons who are yet living to wit Jackson Jones & Wiley Jones. All of whom are made defendants to this Petition of which the following are nonresidents of the State of Kentucky to wit Lewis Holifield & wife Mary Holifield. They state that the land aforesaid Lying and being in Harlan County Kentucky is worth about $1200, Twelve hundred dollars and the same land that was sold by George Brittain to John Jones and the boundary of which is set forth in a deed from said George Brittain to said John Jones a copy of which is filed herewith and made part hereof out of which said John Jones in his lifetime had sold & conveyed to Green Jones & Hiram Jones Two small parcels which he made deeds of conveyance to the said Green & Hiram Jones the boundarys of which is set forth in said deeds of conveyance copies of which are filed & made part hereof leaving a balance of ____ acres belonging to John Jones at the time of his death. They further state that the interest of the children of Martin Jones, Mrs Unthank, Edmund Jones & Mark Jones would be much less than one hundred dollars each. That Plaintiffs believe it would be greatly to the interest of all parties to have the land sold and the proceeds divided amongst all the heirs according to law.
The premises considered they pray that summonses be issued against all the resident Defendants and that a warning order issue against the nonresidents and that Attorney be appointed to defend the infants and a final hearing, they pray for a Judgement. Selling said land and an order dividing the Same amongst the Plaintiffs and Defendants according to tehir legal & Equitable rights - they pray for all orders and defendants necessary in the premises and for all proper relief.
|Dishman & Farmer|
|Hiram Jones one of the Plaintiffs says he believes the Statement in the foregoing Petition|
John Jones Heirs
|In persuant to an order of the Harlan Circuit Court rendered at its Octr Term 1870 referring this cause to me as Special Commissioner in said case. After advertising as required by law I held the first sitting at the Circuit Court Clerks office in Harlan county on the 6, 7, 8, 9, 10 & 11 days of March 1871 and ascertained from the proof and pleading and exhibits filed the following facts -
1st That the said John Jones at the time of his death left in Harlan County a tract of land worth about Fifteen hundred dollars. That is to say the land deeded to John Jones Sr by George Brittain containing 533 1/4 acres more or less with the exception of a boundry deeded by said Jones to Hiram Jones and also a boundary of said land deeded to M G Jones by John Jones Sr also a certain piece of land deeded to John Noe by said John Jones Snr containing one and one fourth acres more or less a copy of the deeds above mention is filed herewith as part of this report.
2nd That from the proof taken there are Eleven heirs at law to wit: Hiram Jones, Speed Jones, Fanny Jackson late Fanny Jones, Polly Howard late Polly Jones, Luke Jones, Green Jones, Jackson Jones, Wiley Jones, John Jones Jnr, Edmund Jones, Salla Unthank late Salla Jones & Martin Jones Mark Jones. That Each heirs part would amount to about $_____ That Luke Jones died before John Jones Snr leaving no children. That Martin Jones died before his Father leaving the following Infant heirs which will be entitled to one heirs part of said estate to wit: Thomas Jones, Ewell Jones, Frank Jones, Carlo Jones, Louisa King late Louisa Jones. Salla Unthank late Salla Jones who died before her ancestor John Jones left the following children: Milton Unthank, Jerusha Smith late Jerusha Unthank, Sarah Skidmore late Sarah Unthank, Louisa Skidmore late Luisa Unthank, Calvin Unthank, William Unthank, Ewell Unthank & Mila Unthank and That Ewell Unthank and Mila Unthank are unmarried and infants under the age of 21 years and That they are all entitled to one heirs part of said estate. That Edmund Jones also died before his father leaving the following heirs to wit: Mary Holifield late Mary Jones, Milla Smith late Milla Jones, John E Jones, Martha Jackson late Martha Jones, Nimrod Jones, Salla Hoskins late Salla Jones, Elza McGee late Elza Jones, & also Wiley Jones. He also finds that Mark Jones died before his ancestor John Jones and that he left the following children to wit: A F C Jones, Mary York late Mary Jones, Louisa Jones, William E Jones, Emily J Jones who are entitled to one heirs part of said estate.
Your Commissioners would further report that the shares of each infant in said estate will be less than one hundred Dollars and that from the pleading and proof and exhibits filed that it will be greatly to the advantage of all the parties to sell the land, That a Division of the same would be to the grate disadvantage to all the heirs both adults and infants.
All of which is reported.
|J. K. Bailey, Comr|
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