MySource:Mksmith/Parish, James J. - Probate File, 1880

1880 Nov 12 Petition in Equity

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A. Perrin Admr. vs. Harriet Parish & others

Petition in Equity

1880 Nov 12th Pet'n & 6 Exts. [Exhibits] filed Summs. [Summonses?] & 6 Cas.[?] issued Aff. W.W. Languesor[?] Clk by A. Addams D.C.

The affidavit of A. Perrin who says that he believes the statements in the foregoing petition are true. [signed] A. Perrin

Sworn to by A. Perrin before me this the 12th day of November 1880. [signed] A.M. McDowell Examiner H.C.

Harrison Chancery Court.

Achilles Perrin, Admr. of J.J. Parish, deceased Pl'ff.

  against

Harriet parish, D. Gribbon Parish, Mary L. Parish, Emma E. Parish, & Anna H. Parish (the last two named are infants over fourteen years of age), F.W. Hartman, M.M. Norris, G.W. Buzzard, J.A. Walford, J.J. Williams, L.W. Whaley, B.F. Whaley, Jno. S.[?] Miller, W. Tom Burns, W.H. Robets, A.J. Beale, Frank Gray, H.M. McDonnell, John S. Clary, H.E. Shawhan, J.N. Rees, E.R. Banks, A.J. Morey, T.H. Hood, C.A. Renaker, John W. Renaker, C.B. Cook, D.A. Givens, Jas. T. Hedges, Jas. A. Brown, E. Moores & Co., J.C. Wickliffe, Lewis M. Martin, T.F. Otwell, J.P. Callom, T.A. Frazer, Samuel Williams, Lewis Day, Samuel L. Brunker, J.Q. Ward, J. Swithers[?] and Paul King, & Henry Brooking Defts.

The plaintiff says [lined out] as administrator of J.J. Parish, deceased, comas and says:

That James J. Parish departed this life intestate at his Residence in the City of Cynthiana, Harrison County, Kentucky, on the 1st day of Sept., 1880.

That on the 20th day of September 1880, plaintiff was appointed administrator of the estate of said J.J. Parish by an order of the Harrison County Court, and that he accepted same, executed bond and entered upon the discharge of his said trust, a copy of said appointment is filed herewife, marked "A".

That said intestate left the defendant Harriet Parish, his widow, and D. Gribbon Parish, Mary L. Parish, Emma E. Parish and Annie H. Parish his only children and heirs at law, the last two named are infants over fourteen years of age.

That said Parish died indebted to the following named defendants in about the following amounts, to wit:

F.W. Hartman One hundred and fifty-nine dollars; 
A.J. Beale & Frank Gray Twelve dollars; 
E.R. Banks Twelve & 05/100 dollars; 
J.J.Williams, L.W. Whaley & B.F. Whaley, partners, Thirty-eight & 11/100 dollars; 
A.J. Morey, Six & 25/100 dollars; 
T.H. Hood, Fifteen dollars; 
C.A. Renaker & J.W. Renaker, partners, Four & 35/100 dollars; 
C.B. Cook, Forty seven & 35/100 dollars; 
D.A. Givens, Seventy & 54/100 dollars; 
Jas. T. Hedges, Seven & 36/100 dollars; 
Jas. A. Brown, Twenty one & 85/100 dollars; 
E. Moores & Co., One hundred and thirty six dollars; 
J.C. Wickliffe, Two & 35/100 dollars; 
J.A. Walford, Thirty-two & 26/100 dollars; 
M.M. Norris, thirty & 50/100 dollars; 
J.S. Miller, Eight & 25/100 dollars; 
W. Tom Burns & W.H. Roberts, partners, Twelve & 5/100 dollars; 
H. McDonnell, Nine & 50/100; 
Jno. S. Clary, Seven & 40/100 dollars; 
J.N. Rees, Twenty-five dollars; 
H.E. Shawhan, Two hundred & forty dollars; 
G.W. Buzzard, One hundred and thirty dollars and Ninety four & 14/100 dollars; 
T.A. Frazer, [blank space] dollars; 
T.F. Otwell, Nineteen & 85/100 dollars; 
J.P. Callom, Thirty seven dollars; 
Lewis M. Martin, Forty seven & 23/100 dollars; 
Saml. L. Brunken, One thousand and ten dollars; 
Lewis Day, Twenty five hundred dollars; 
and other persons unknown to plaintiff.

That intestate left but a small amount of personal property amounting to only [blank space] dollars, after allowances made and paid to widow, which is not sufficient to pay his indebtedness; a copy of sale bill and inventory will be filed herewith and made a part hereof; that he owned at the time of his death the following described real estarte, situated in the County of Harrison, State of Kentucky,
to wit:
   • A house and lot on the west side of Main Street, in the City of Cynthiana, and bounded as follows: On the East by Said Street, on the South by the Bredwill property, on the west by Water Street, and on the North by the property of St. Andrews Lodge, F. & A. Masons;
   • also house and lot at the foot of said street, known as the "Old Tavern Stand", bounded on the East by Main Street on the north and North-west by Water Street and on the South and South-west by Licking river; also a house and lot on the South side of Pike Street in said City and bounded on the North by said Street, on the East by the property of William Smyth, on the South by an alley, on the West by the Kentucky Central Rail Road;
   • also a lot on the West side of Walnut Street in said City, and fronting thereon One hundred and twenty feet and extending back to an alley on the West, and bounded on the North by the property of Mrs. Lewis, and on the South by the property of T.W. Miller;
   • also a tract of land on the Cynthiana and Claysville Turnpike, known, described and bounded as follows: Beginning at a stone in said pike, thence S 2½ W 18-20/100 poles, thence S 88¼ W 66-90/100 poles, to a stake, thence N 2½ E 69-50/100 poles to a stone in the pike, thence with it S 59¼ W 64-12/100 poles, thence S 68 W 14-44/100 poles to the beginning, Containing fifteen acres three rods and twenty poles.
That on the 11th day of November, 1878, said intestate, and defendant Harriet Parish signed, acknowledged and delivered to the defendants, J. Swithers[?] and J.Q. Ward, a deed of mortgage to the above described lots or parcels of land to secure them against loss as surety of said J.J. Parish and by virtue of said mortgage the defendants, J. Swithers[?] and J.Q. Ward have become bound as surety to the defendants, S.L. Brunker and Lewis Day, in about the sum of Thirty-two hundred dollars, which sum is included in the amounts set opposite the names of said Brunker and Day.

Said intestate also owned at the time of his death other lots of ground in the City of Cynthiana, Harrison County, Kentucky, to wit: A house and lot fronting about twenty-five feet on the west side of Water Street, and extending back along Mill Street about [blank space] feet to Licking River, and bounded as follows: On the the East by Water Street, on the South by Mill Street, on the West by Licking River and on the North by willis black; Also a lot and house fronting about sixty feet on the West side of Water Streer and extends back in a westwardly direction about one hundred feet to the River, and is bounded as follows: On the East by Water Street, on the South by Sarah Courtney, on the West by Licking River and on the North by J.J. Parish; also a house and lot fronting on Water Street about sixty feet and extending back about one hundred feet, in a westwardly direction, to Licking River, and bounded as follows: On the East by Water Street, on the South by J.J. Parish, on the west by the river, on the north by George Etzel; also a lot fronting on Water Street about forty feet and extending back to Licking River, and adjoining the last mentioned lot. The last described lot was leased to defendant, Henry Brooking, by intestate for the term of five years at the price of ten dollars per year, said lease commencing on the 25th day of March, 1878, ending on the 25th day of March 1883; also a lot of ground situate on Walnut Street in said City being the west end of a lot purchased by Mary Lewis from D.C. Ferguson, and being from East to West One hundred feet and North to South Sixty feet, beginning at the N.W. corner of said lot, on an an [sic] alley given by Parish to the purchasers of the lots sold by him, thence with the line of Fennell, East one hundred feet, thence South Sexty feet, thence West one hundred feet to said alley, thence with said alley Sixty feet to the beginning.

The first described lot was purchased of William H. Righter October 15, 1868, and R.F. Long and Wife the 13th of September, 1878 and conveyed by them by their deeds of dates aforesaid to J.J. Parish, said deeds are filed herewith as a part hereof, marked Band C. The second described lot was sold and conveyed to J.J. Parish on the 8th of October, 1878 by R.B. George, Master Commissioner of the Woodford Circuit Court by deed of Conveyance, filed herewith and made a part hereof marked D.

The third described lot is a part of a lot purchased of Jno. N. Madison & Wife on the 6th day of january, 1855, and purchased of James C. Wilmore & wife on the 30th day of March, 1868, by J.J. Parish, and conveyed by them to him as appears by their deeds filed herewith as a part hereof marked E and F.

The fifth described lot was purchased of Eliza V. Warfield, March the 6th 1868 as appears from her deed of conveyance filed herewith as a part hereof marked G.

The sixth, seventh, eighth and ninth described lots are the unsold portions of the lots purchased by J.J. Parish and John S. Day of A.F. McWilliam as appears by deed, recorded in D.B. [Deed Book] 32 page 415, of the Harrison County [torn] Office. Said Parish becoming the owner of all of said ground by purchasing of John S. Day his interest therein as appears by his deed of conveyance dated Feb'y 25th 1869 and filed herewith as a part hereof marked H.

The tenth and last described lot was purchsed of Mary A. Lewis, March 19th 1879 as appears by her deed of conveyance, filed herewith as a part hereof, marked J [or I?].

Plaintiff says that the lot fronting upon Pike Street and lying next to the Rail-road was [lined out] is leased to the defendant Paul King for the period of five years, from the 18th day day [sic] of January 1878 at the price of Fifty dollars per annum payable at the end of each year. By said lease it was agreed that Parish might erect a suitable building on the rear end of said lot to keep lime and cement therein; also an office on the front end of said lot in which defendant, King, might have the privilege of chxk[?]-room -- King to have the privilege of removing any and all improvements placed thereon by him. The stipulations and agreements of the contract are to enure[?] to the benefit of the heirs of said parties and not to be terminated by the death of either and not to be rescinded exceprt by the mutual consent of both or their legal representatives.

Plaintiff says that the defendants Emma E. and Anna H. Parish are infants under twenty-one years of age and over fourteen and have no statutory guardian in this state.

Wherefore plaintiff prays [torn] this cause be referred to A.M. McDowell, the Master Commissioner of the Court, to settle his accounts as administrator aforesaid and to receive and report claims against the estate and to sell a sufficient amount of said real estate to pay the debts found due against same, and for all other proper relief.

Shawhan & Parrin Attys for Pl'ff.

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1881 Apr 26 Order of Reference

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Jas. J. Parish's admr. vs. Harrett Parish &c.

Order of Reference

1881 April 26

filed copied & Delvd. to Comr.

Harrison Cancery Court

Jas. J. Parish's admr. Plaintiff against Harriett Parish & others Defendants

Order of Reference

This cause is referred to A.M. McDowell, the Master Comr. of this court, with the following directions and instructions:

To audit and settle the accounts of A. Perrin admr. of Jas. J. Parish dec'd.

To report what estate, both real and personal, said decident[sic] owned at the time of his death and the value thereof, and how much there now is on hand of said property.

To hear proof of claims filed before him and report said claims to court, and whether any of them are liens upon the property of said decident and the priority thereof.

He will hear and reduce to writing all proof that may be offered before him by any of the parties touching their claims or estate owned by decident at the time of his death.

He will report to court at its next May term.

The Master will give notice of the time and place of his sittings, to the parties and creditors, by at least four notices, written or printed, posted as follows, to wit: one at the court house door, one at the Post Office in Cynthiana, one at Booneville, and one at Leesburg. he will also insert a notice in the Cynthiana News, a paper printed and published in Cynthiana, Harrison County Ky for at least three weeks.

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1881 May 24 Deposition

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A. Perrin Admr. vs. Harriett Parrish

Deposition

1881 May 24th

Recvd from hands of Master Comr. & filed.

Harrison Chancery Court --- Ky

A. Perrin Admr of J.J. Parrish Pltf against Harriet Parrish and others Defts

Deposition of A. Perrin

The deposition of Achilles Perrin taken the 24th day of may 1881 at the Master Commissioners Office in the City of Cynthiana kentucky, to be read as evidence in the above styled action pending in the Harrison Chancery Court.

Question 1st by Master Commissioner --- Are you or not the Administrator in the above style cause? Answer: I am

Question 2 by same: State if you know what personal property Jas. J. Parrish dec'd owned at the time of his death? Answer: All the personal property his owned, known to me, was sold except that which was set aside to his widow. The sale amounted to $364.92 out of which I was compelled to pay to the widow to make up for family supplies which were not on hand $125.00.

Question 3 by same: Please state if you know, what real estate said J.J. Parrish owned at the time of his death and the value thereof? Answer: He owned a home and lot on the west side of Main Street known as his residence and worth about $3,500.00 also a house and lot on the south end of Main Street worth about $600.00 also a house & lot on the south side of Pike Street worth about $700.00 also a lot on the west side of Walnut Street worth about $200.00 also a house & lot fronting about 60 feet on said Water Street also on same street a house & lot fronting about 60 feet both of these last mentioned lots worth each about $150.00 also a lot fronting about 40 feet on Water Street worth about $75.00 all of said above mentioned real estate is situated in the City of Cynthiana Ky and is particularly described by metes and bounds in the plaintiffs petition herein.

He also owned a tract of land on the Coldville[?] turnpike, near Cynthiana and a part of it within the corporate limits containing 15 acres 3 Rood [sic] and 20 poles worth about $2,000.00.

[signed] Achilles Perrin

State of Kentucky Harrison County

I Alex M. McDowell, Master Commr. of the Harrison Chancery Court, certify that the foregoing deposition of A. Perrin was taken before me at the time and place stated in the caption; that said witness was duly sworn before giving it; that it was written by me in his presence, and read to and subscribed by him in my presence no one was present except the witness and myself (and A.J. Mory[?] a part of the time.

Given under my hand the 24th day of May 1881. [signed] A.M. McDowell Mastr. Commr. H.C.C.

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1881 May 24 Report of Settlement

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584

A. Perrin Adm. vs. Harriett Parrish

Report of Settlement 1881 May 24

filed, cont. to next term

Harrison Chancery Court -- Kentucky

A settlement of the accts of A. Perrin admr. of J.J. Parrish deceased made before me this 24th day of May 1881.

In obedience to an order of this court in the suit of A. Perrin Admr. of J.J. Parrish against Harriet Parrish $c.

He is chargeable as follows:

To Amount of sale bill $364.92 He is entitled to the following credits

  By amt paid widow to make up
  balance of suplies[?] for family					 125.00
  Saml. H. Williams							  65.00
  R.M. Collins tax							  41.35
  									_______
  									 231.35
  Bal in hands of Admr							$133.57

James J. Parrish dec'd owned at the time of his death, as appears from the deposition of Achilles Perrin, the following real estate One House & lot worth $3,500.00

do   do    do   do				   600.00
do   do    do   do				   700.00

one lot worth 225.00

"  House & lot  "				   200.00
"    "     "    "				   150.00
"    "     "    "				   150.00
"    "     "    "				    75.00

also a tract of land worth 2,000.00 _________

     Total real estate worth			$7,600.00

The deposition of A. Perrin is the only proof taken and is filed herewith.

Respectfully submitted to the court

[signed] A.M. McDowell Master Cmr. H.C.C. [Harrison County Court] May 24/81

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1881 June 1: Masters Report of Unpaid Claims

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A. Perrin Admr &c. vs. Harriet Parrish &c.

Masters Report of Unpaid Claims

Harrison Chancery Court --- Kentucky

A. Perrin Admr of J.J. Parrish Pltff against Harriet Parrish &c Dfts

No. 584

Your Commissioner begs leave to report the following unpaid Claims against the estate of james J. Parrish dec'd which have been filed before him. Interest has been cornpn[?] on these claims up to June 1st 1881

Voucher Amount To J.A. Woolford 1 34.55 " J.C. Wickliffe 2 2.84 " D.A. Givens 3 73.77 " Hedges Jas.T. 4 8.06 " J.A. Brown 5 22.60 " Moores T.E. & Co. 6 141.37 " C.B. Cook & Co. 7 49.61 " Reneker Bros. 8 4.76 " Cynthiana News 9 6.50 " Thos. H. Hood 10 15.75 " William Whaley & Co. 11 40.04 " E.R. Banks 12 12.95 " George Washington Buzzard 13 45.60 " Beale & Gray 14 12.74 " F.M. Miller 15 165.28 " W.W. Longmoor 16 16.62 " John R. Madison 17 125.38 " B.F. Atkinson 18 2.36 " Clary Bros. 19 7.68 " Burns & Roberts 20 12.94 " John F. Miller 21 8.99 " Fennell J. & A. 22 113.02 " Megibben J.J. 23 114.88 _________ Amount carried forward $1,038.29

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Amount Brot forward 1,038.29 " Dr. H. McDowell 24 10.25 " Wall W.S. 25 24.59 " Madison John R. 26 87.21 " Collom J.P. 27 38.19 " Northcutt W.L. note 10.98 28 [blank] " Northcutt W.L. a/c 38.15 29 49.13 " Kimbrough J.S. 31 2.69 " Shawhan H.E. ap of W. Hall a/c 26.81 32 [blank] " Shawhan H.E. ap of McClintock note 201.28 33 227.09 " Bawer Wm. 34 16.01 " Brunker Saml. L. note filed by 35 1,072.19 [left margin] Preferred " Day Lewis Harriet Parrish 36 2,733.33 [left margin] Preferred " Martin L.M. 37 48.88 " Reese Isaac N. 38 24.44 " Buzzard G.W. note 39 114.62 " Atwell, Thos. F. 40 19.87 " T.A. Frazer check 41 14.98 " T.A. Frazer note 42 1,111.49 _________________ 1880 June 1st Whole amount with Intst. up to June 1st 1881 $6,666.73

Vouchers No. 35 and 36 amounting to $3,805.52 in the name of Brunker and Day, but assigned to harriet Parrish, are a lien upon the residence on Main Street Cynthiana, the lot on Pike Street, and the 15¾ acres & 20 poles of land.

All of which is respectfully submitted to Court. [signed] A.M. McDowell M.C.H.C.C.

Pay order dated 12 Sep 1878, drawn on National Bank of Cynthiana, payable to "T.A. Frazer, Assignee" in amount of $13.00, signed J.J. Parish.

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No. 41 State of Kentucky Harrison County

The affiant T.A. Frazer says that the foregoing demand is just and has never to his knowledge or belief been paid that there is no offset or discount (except the credit interest hereon of $2.50) against the same and no usury.

Sworn to and subscribed by T.A. Frazer before me the 16th May 1881. [signed] A.M. McDowell Examiner H.C.

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1881 Dec 3: Answer of Harriett Parish

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J.J. Parrish's Adm. vs. Harriett Parish

Answer of Harriett Parish

1881 Dec 3 filed.

Harrison Chancery Court J.J. Parish's Adm. against Harriett Parish &c.

Answer of H. Parish.

The defendant Harriett Parish states that she is the widow of J.J. Parish and admits that she is entitled to a life estate in one third of the real estate owned by him at the time of his death.

She says that the estate or a greater portion thereof will have to be sold for debt and that it will bring more if sold free of dower and that in order to so sell same she is willing to take the money value of her dower therein.

Whereof defendant prays that this cause be referred to the master commissioner of this court to ascertain the value of her dower interest [in] the real estate of dedident.[sic]

[signed] A. Perrin arttorney for deft. Harriett Parish

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1881 Dec 3: Answer of Guardian ad litem

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A. Perrin Admr. vs. Harriet Parish

Answer of Guardian ad litem

1881 Dec 3 filed

Harrison Chancery Courtr

A. Perrin Admr. Pltffs vs. Harriet Parish &c. Dfts

Answer of Gd'n ad litem

The Guardian ad litem L.M. Martin [illegible] answer for the infant Defendants Emma E. Parish and Anna H. Parish herein says that he has carefully examined all the papers, pleadings and orders in this cause, and after having made such examination, he is unable to make any difference. [signed] L.M. Martin Gd'n ad Litem

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1881 Dec 28: Judgement

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A. Perrin Admr. of James J. Parrish Dec'd vs. Harriet E. Parrish et al.

Judgment.

1881 Decr. 28th filed & Ent.

Achilles Perrin admr.

  of James J. Parrish dec'd	Plaintiff

against Harriet Parrish &c. Defendants

This cause being submitted for an order of sale, and it appearing that the property should be sold, it is, therefore, ordered and adjudged that the master commissioner of this court shall after first advertising the terms, time and place of sale in a paper published in this county by three weekly insertions and by written or printed notices of the court herein de[illegible] in Cynthiana, and three others at public places in the neighborhood of the property -- said notices to be posted at least fifteen (15) days before the sale -- sell to the highest bidder or bidders, at public auction on eight sixteen and twenty four months on thursday the 30th day of March 1882, upon the premises, the following described real estate in this county, to wit:

1. A house & lot on the west side of Main St. in the City of Cynthiana bounded as follows on the East by said Main Street, on the South by the Bridwell property, on the west by Water Street and on the north by St. Andrews lodge F&A Masons.

2. Also a home and lot at the foot of said street bounded on the East by Main Street on the north & north west by Water Street on the South & South west by Licking river.

3. Also a house and lot on the South Side of Pike Street, fronting 33½ feet on said street and bounded on the north by said street on the East by the property of Wm. Smyth, on the south by an ally [sic] on the West by the K.C. rail road.

8.[sic] Also a lot on the West side of Walnut Street and fronting thereon 120 feet and exten [sic] back west 210 [lined out] feet to an ally [sic], and bounded on the north by the property of [blank space] on the South by the property of F.W. Miller.

[number omitted] Also a house and lot fronting about 25 fedet on the west side of Water Street and extending back along Mill Street [blank space] feet to Licking river and bound on the East by Water Street South by Mill Street on the west by Licking river and on the north by Willis Black.

5. Also a house & lot fronting about 60 feet on the west side of Water Street & extending back in a westwardly direction about 100 feet to the river. It is bounded on the east by Water Street, South by Sarah Courtney, west by Licking river and on the north by J.J. Parrish.

6. Also a huose & lot fronting about 60 feet on Water Street and extending back about 100 feet in a westwardly direction towards Licking river, bounded on the East by Water Street, South by J.J. Parrish, West by the River & on the north by George Etzell.

7. Also a lot adjoining the last mentioned fronting about 40 feet on Water Street and extending back to Licking river.

9. Also a tract of land on the Claysville turnpike describes and bounded as follows: Begin at a stone in Said turnpike thence S 2½º W 18-20/100 poles -- then S 88¼º W 66-90/100 poles to a stone -- then N 2½º E 69-50/100 poles to a stone in the pike -- then, with the pike S 59¼º W 64-13/100 poles -- then S 68º W 14-44/100 poles to the beginning, containing 15¾ acres and 20 square poles.

The master will sell the lot on Pike Street and lying next to the rail road subject to the lease of Paul King which expires on the 128th day of January 1883.

He will also sell the next to the last described lot subject to the lease of henry Brookings ending on the 25th day of March 1883.

The master will post offers on the tract containing 15¾ acres and 20 poles of land as a whole, and then in parcels of two or three lots and accept the best bid.*

He will take bonds from the purchasers with approved security payable to himself for the payment of the purchase money with interest from day of sale retaining a lien on the property sold.

He will report at the next term of this court.

The court reserves the right to confirm or reject any one of the sales or all of them sales [sic].

This cause is continued.

[in margin] *He will also first offer the lot on Walnut Street as a whole and then in parcels accepting the best bid. He will offer the lot such parcels as will appear most advantageous to the estate.

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"B" Appraisement

No. 584 "B" A. Perrin Admr. of Parrish vs. Harriet E. Parrish &c.

Appraisement

W.W. Longmoor Lucius Desha Jr

Harrison Chancery Court --- Kentucky

A. Perrin Admr. of J.J. Parrish Plaintiff against Harriet E. Parrish and others Defendants

Appraisement

We W.W. Longmoor and Lucius Desha Jr. disinterested housekeepers of Harrison County, Ky., and not related to any of the parties to this suit do apprfaise the House & Lot on Main Street, occupied at present by the family of James J. Parrish, dec'd, at $3500.00.

And we value the brick house and lot at the south end of Main Street near the vbridge at $350.00.

And we appraise the lot (without the ice house) on Pike Street on the the K.C. rail road at $700.00.

And the lot on Walnut Street adjoining F.W. Miller at $600.00.

And the tract on the Claysville Turnpike we value at $1750.00.

[signed] W.W. Longmoor [signed] Lucius Desha Jr.

Sworn to and subscribed before me by Woodford W. Longmoor and Lucius Desha Jr the 9th day of March 1882, whom I certify to be intelligent housekeepers of this County.

[signed] A.M. McDowell Mastr. Commr. H.C.C.

________________________________________________________________

"A" Appraisement

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No. 584

"A"

A. Perrin Admr &c vs Harriet E. Parrish &c

Appraisement

H.C. Nebel J.W. Lacy

Harrison County Court --- Kentucky

A. Perrin Admr. of J.J. Parrish Plaintiff against Harriett E. Parrish & others Defendants

We Henry C. Nebel and J.W. Lacy, two disinterested housekeepers of Harrison County and not related to any of the parties to this suit, do value the Lots ordered to be sold under the judgment rendered in this cause, at its November term 1881 as follows, viz:

No. 1 The Lot on the corner of Mill and Water Streets we appraised at $75.00 and we designate this No. 1.

No. 2 The next Lot north of the lot above described we value at $200.00. No. 2.

No. 3 The next Lot north of the above (No. 2) we value at $175.00 and call it No. 3.

No. 4 And we value the remaining Lot or No. 4 at $50.00 without the house and with the house at $150.00.

[signed] H.C. Nebel [signed] J.W. Lacy

Sworn to and Subscribed before me by henry C. Nebel and J.W. Lacy whom I certify to be intelligent householders of Harrison County Ky. March the 10th 1882. [signed] A.M. McDowell Commr. of said Court

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1882 March 30: Memo for Distribution

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Parrish Admr. &c vs. Harriet Parish &c.

Memo for Distribution

Harrison Chancery Court

Parrish Admr. Plaintiff vs. Harriet Parish Defendant

Memo for Distribution

1882 March 30

Harriet Parish residence 2525.00 Sarah Bridwell house at end of Main 520.00 Jas. T. Hedges lot S.E. cor, Mill & Water Strs 81.00 John W. Renaker lot 60 ft Water St 150.00 Jos. Wohlwenter lot 60 ft Water " 140.00 Henry Brooking lot adjoining above 50.00 Patrick Honan lot 120 [ft?] Walnut 358.00 Dr. H. McDowell 15.88 acres 2205.00 The Cynthiana Leaf Tobacco Co. lot on Walnut St 740.00 _______ Total sales $6769.00

Costs & Preferred claims

Bill of certs[?] $423.30 Harriet Parish Dower 457.88 1881 June 1st Claim No 35 1072.19 1882 Mch 30 Int to date 53.43 1881 June 1st Claim No 36 2733.33 1882 Mch 30 Interest to date 136.21 ________ 4876.34 Balance for distribution 1892.66 ________ $6769.00

1881 June 1st Amt of debts $6666.73

"      "	Preferred debts above		 3805.52
						________
				Balance		$2861.21

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Amt of assets over $1892.66 Amt debts over $2861.21 It will pay 66.15 per cent. Whatever interest is earned on sale bonds over and above interest on Preferred debts will also be per distribution. [followed by half a page of scribbled arithmetic]

________________________________________________________________

1882 May 15: Masters Report of Sales, Bonds & Appraisements

[wrapper]

A. Perrin Admr. of Parrish vs. Harriet Parrish &c.

Masters Report of Sales, Bonds & Appraisements

1882 May 15th filed, cont. May 19

Recorded --- 228 ---

No. 584.

Harrison Chancery Court -- Kentucky

A. Perrin Admr. of J.J. Parrish dec'd Pltff. against Harriet parish and Others Defendants

Master Report of Sales

Your Commissioner would respectfully report, that the property mentioned in the petition and exhibits in the above styled cause, and the same property described in, and ordered to be sold by, a judgment rendered therein by Said Court, at its November term 1881, was duly appraised as the law directs, part of it by W.W. Longmoor and Lucius Desha Jr. and the remainder by Henry C. Nebel and J.W. Lacy, all of them intelligent, disinterested housekeepers of Harrison County, and not related to any of the parties to said action, who after having been first xsummoned and duly sworn by me, did appraise said property at the aggregate price of $7,400.00. Said appraisements are in writing and filed herewith, Marked "A", and "B", and made part hereof.

And after duly advertising said property as directed in said judgment, as to the time, terms and place of sale, On Thursday the 30th of March 1882, the day mentioned in said judgment for the sale of said property, I did expose, on the premises, said property, at public auction, on a credit of Eight, Sixteen and twenty four months.

[1] When Harriet Parrish being the highest bidder for the family residence on Main Street, Cynthiana became the purchaser thereof at the price of $2,525.00

[2] Sarah Bidwell being the highest bidder for the brick house at the south end of Main Street became the purchaser at the price of 520.00

[3] James T. Hedges being the highest bidder for the lot on the SE corner of Mill & Water Streets fronting 25 feet on the later [sic] street at 81.00

4. John W. Reneker was the highest bider for the lot fronting 60 feet on Water Street and being north of and joining Sarah Courtney, lot at the price of 150.00

5. Jos. Wohlwenter was the highest bidder for the lot fronting 60 feet on Water Street and north of, and adjoining the lot described at 140.00

6. Henry Brooking was the highest bidder for the lot lying north of & adjoining the last described at 50.00

7. Patrick Honan was the highest bidder for the lot on Walnut Street fronting 120 feet on said street at the price of 358.00

8. Dr. H. McDowell was the highest bidder and purchaser of the tract of 15-88/100 acre on the Claysville pike at the price of 2,205.00

9. And "The Cynthiana Leaf Tobacco Company" was the highest bidder for the lot at the intersection of the K.C. rail road and Pike Street at the price of 740.00 _________ Making altogether the sum of $6,769.00 which is much more than two thirds of the appraised value of all said property. The property bought by Mrs. Parrish, alone, selling for less than 2/3 of the valuation.

And thereupon the several purchasers aforesaid executed their several bonds bearing interest at the rate of six per cent per annum, from date of Sale, conditioned as the judgment directs, as follows:

Harriet Parrish, with Achilles Perrin as surety Sarah Bridwell, with M.V. Bridwell & J.Q. Ward as sureties James T. Hedge, with A. Perrin, as surety Jno. W. Reneker, with Jos. Wohlwenter, as surety Jos. Wohlwenter, with Jno. W. Reneker, as surety Henry Brooking, with John R. Madison as surety Pat Honan, with Austin Honan, as surety H. McDowell, with Hno. W. Kimbrough as surety Cyntn. Leaf Tobacco Co. with J.K. Lake & Jas. T. Hedges as sureties with a lein [sic] reserved on all of said property until all of the purchase money is paid. Said bonds are filed herewith, and made part hereof.

The property sold, and the boundaries thereof, is described as follows: viz---

1. The House and lot purchased by Harriet Parish, is on the west side of main Street, in the City of Cynthiana Ky fronting [blank space] feet on said Main Street and bounded on the south by Bridwells property on the north by the Masonic Hall property and extending back to Water Street.

2. The property purchased by Wm. Bridwell is at the north end of the Bridge over the River Licking and in the angle formed by the intersection of Main and Water Streets in Cynthiana Ky and bounded on the south by said river.

3. The lot purchased by J.T. Hedges is at the South east intersection of Water and Mill Streets in Cynthiana Ky fronting 25 feet on Water Street and extending west to the River and is bounded on the north by the lot of Willis Black.

4. The lot purchased by John W. Reneker is on the west side of Water Street Cynthiana Ky and fronts 60 feet on said Water Street extending west to the river and bounded on the South by Sarah Courtneys lot and on the North by the lot sold by the Commr. to Joseph Wohlwenter.

5. The lot purchased by Joseph Wohlwenter fronts 60 feet on said Water Street and extends west to the river and is bounded on the South by the lot sold by the Commr. to J.W. Reneker and on the north by the lot sold to Brooking.

6. The lot purchased by Henry Brooking fronts 40 feet on said Water Street, extending west to the river and is bounded on the north by George Etzells property and on the South by the lot of Wohlwenter, next above described.

7. The lot purchased by Pat Honan is on Walnut Street Cynthiana, on the west side thereof fronting 120 feet on said street and extending west about 208 feet to the alley and bounded on the north by the property of Monroe Whitaker, dec'd, and on the South by property of F. Miller.

[number omitted] The lot purchased by the Cynthiana Leaf Tobacco Company fronts 32½ feet on Pike Street Cynthiana, Ky, and extends south to the alley and is bounded west by the Kentucky Central rail road property and on the east by the property lately owned by Wm. Smythe.

8. The property purchased by H. McDowell lies on the South East side of the Cynthiana & Claysville turnpike road and is bounded as follows: Begin at the South west corner of the tract, a corner to D.A. Givens and R.M. Collins thence N 3º 19' E 4.70 chains to the middle of the turnpike -- tence N 70º E 3.89 chains to a point in the middle of the pike Thence N 60-3/8º E 15.27 chains to William Parrishes line in said Pike thence S 3¼º E 4.53 chains to a stake in Said Parrishes line, thence S 3¼º W 10.01 chains to a stone a corner to D.A. Givens, in Henry Willisms line thence N 86½º W 16.93 chains to the beginning Containing fifteen acres and Eighty eight hundredths of an acre (15-88/100).

The lot on Walnut Street, of 120 feet front on that street was first offered in two parcels and sold for $357.00 and then offered as a whole and brought $358 which was accepted as the highest bid.

The 15-88[/100] acres on the Claysville pike was first offered in three separate lots, the bids aggregating the sum of $1,770.00 and then offered as a whole and sold for $2,205.00.

Respectfully submitted

[signed] A.M. McDowell Mastr. Commr. of said Court

[on back]

Your Commr. respectfully asks an allowance for 15 days for taking depositions, receiving & reporting claims on estate, making settlement with Mrs. H. Parrish, and making sale of property and reporting same and fees as per margin $8.90.

[signed] A.M. McDowell M.C.H.C.C. Apl 1 /82

Your Commr. also asks that the surveyor fee of $5.00 for surveying and subdividing the 15-88/100 tract be allowed and taxed as certs. [signed] A.M. McDowell M.C.H.C.C.

[in margin]

Notice to creditors = $0.30 Summoning 4 appraisers @ 40¢ = $1.60 _____ $1.90 Survey $5.00 _____ $6.90

________________________________________________________________

[wrapper]

584

A. Perrin Admr. vs. Harriet Parish &c.

Cooke[?]

NOTE: Document is written in pencil, very faded, almost unreadable. It appears to be a list or work sheet of fees and charges (all are very small amounts) on the properties J.J. Parish owned, possibly created during the auction process. Numerous interpolations, marginal notes, overwritten scribbles, etc. All dates refer to court terms, Nov 1880 to Nov 1882.

________________________________________________________________

[wrapper]

James J. Parish's admr. vs. Harriett Parrish

Order

1882 Decr. 6th filed & Ent.

Harrison Chancery Court

James J. Parish's admr. against Harriett Parish &c.

Order

On the motion of Harrfiett Parish, a defendant herein, the master commissioner direct [is directed?] to take proof as to the value of her dower in the real estate of her deceased husband sold under a former order of this court. He will reduce the proof to writing and report same to court with value of dower, and cause is continued.

________________________________________________________________

[NOTE: terrible handwriting!]

[wrapper]

Jas. J. Parrish, Sum.[?] vs. Harriet Parrish &c.

Order

1882 Decr. 8.

filed & Ent.

Harrison Chancery Court

James J. Parrishs adm. Plaintiff vs. Harriett Parrish &c. Defendants

Order of distribution

The master commissioner of this court will collect the bonds executed for the purchase of nine[?] of the land sold herein, and after p___s[?] paying the costs he will pay to the defendants Herriett Parrish the [illegible] of her dowery [interpolated: with interest from 30th day of March 1882] interest $457.88/100* [interpolated: *The exceptions to the master's report this entent being [illegible].]

The hol__n[?] of the pr___d[?] he will distribute according to the report of claims first paying the preferred claims [interpolated: nos. 35 & 36 with interest]. H.C. Shawhan atty for administrator is allowed $150.00 for his services herein. C.W. West atty for defendants is allowed the sum of $150.00 [previous 4 words lined out] a lien on the interests of his clients. A.M. McDowell is allowed for services rendered and to be rendered the sum of $200. [interpolated: L.M.[?] Martin guardian ad litem is allowed $10.00] Said allowances shall be to___ed[?] vs. costs.

This cause is continued.

[on back -- very faint]

Came A.M. McDowell Master Comr. of this court and filed this Report of the value of life interest of Harriett Parrish.

Came then the Plaintiff and filed exceptions to said Report.

And the __ll[?] is submitted as exceptions and for an order of distribution.

________________________________________________________________

[wrapper]

No. 584

Jas. J. Parish's Admr. vs. Harriett Parish &c.

Master's Report of Life Estate

1882 Decr. 8 filed.

No. 584 Harrison Chancery Court --- Ky

James J. Parish's Admr Plaintiff against Harriett parish &c. Defendants

Masters Report

Your Commissioner being directed by an order made at the present November term 1882 to take proof of the age and health of the defendant Harriett Parish and ascertain the value of her life estate in the property sold in this case, respectfully reports that he took the depositions of the defendant Harriett Parish, and Dr. James P. Madison, which are in writing and filed herewith, from which it appears that her age is fifty two and her health bad.

From the Wigglesworth tables I ascertain her interest in the proceeds of the sale of the property herein, if in good health, at 6 per cent would be 20,35 per cent which would produce the sum of $1,377.49. But the poor condition of her health as shown by the proof your commissioner thinks would warrant a deduction of at least one fourth from the amount ascertained from the Wigglesworth tables, that is, that Defendant's life estate in the property sold, is $1,033.12 as of March the 30th 1882, the day of sale.

Respectfully submitted to the Court. [signed] A.M. McDowell Mastr.Comr.H.C.C.

Decr 6 /82

[in margin] Amt of sale $6,769.00.

________________________________________________________________

[wrapper]

James Parish's Admr. vs. Harriett Parish

Deposition as to Age & Health

1882 Decr. 8 filed with comr's Report

Harrison Chancery Cour --- Ky

James J. Parish's Admr Plaintiff against Harriet Parrish &c Defendants

Deposition

The deposition of Harriett parish taken at the commissioners office in Cynthiana Ky on the 6th day of December 1882, to be read as evidence in the above styled cause, pending in the Harrison Chancery Court.

Quest. 1st by Master Commr -- Please state your age, place of residence and occupation? Ans. -- I am 52 years old, and reside in Cynthiana.

2nd -- What is the state of your health at this time, and please state what the condition of your health is ordinarily? Ans. -- My health is very poor at this time. My nervous system is broken down and I have a disease of the throat.

[signed] Harriett Parish

Also the deposition of James P. Madison taken at the same time and place and for the same purpose as the foregoing.

1st -- Please state your age residence and occupation and if acquainted [with] Mrs. Marriet Parrish please state how long you have known her. Ans. -- I am 61 years old reside in Cynthiana and am a physician. I have known her from her infancy.

2 -- If you know please state her age as nearly as you can. Ans. -- She must be about 52 years old.

3 -- State if you know what is the ordinary condition of her health. Ans. -- She is at this time in poor health and has been in feeble health for a number of years past.

4 -- What opportunities have you had for knowing her general health. Ans. -- I have been her physician for 20 or 30 years past.

[signed] Jas. P. Madison MD

State of Kentucky Harrison County

I Alexr. M. McDowell Master Commr. of Harrison Chancery Court, certify that the foregoing depositions of Harriett Parish and James P. Madison were taken before me at the time and place stated in the caption; That said witnesses were duly sworn before giving them; That they were written by me in their presence and read to and subscribed by them in my presence, no one but the witnesses and myself being present at the examination.

Given under my hand this 6th Day of December 1882. [signed] A.M. McDowell M.C.H.C.C.

________________________________________________________________

[wrapper]

James J. Parish Admr. vs. Harriet Parish &c.

Exceptions to Master's Report of Valuation of Widow's Dower interest

1882 Decr. 8th filed

Harrison Chancery Court

James J. Parish's admr. Plaintiff vs. Harriet Parish &c. Defts.

Exceptions to Commr's Report

The creditors of James J. Parish come and except to the Master's report of the valuation of the interest of the widow in the proceeds of the sale of the realty herein. Because said Commissioner has not deducted from the proceeds of said sale before making said valuation the mortgage debts upon said realty the said widow having united with her husband in making said mortgages Said Commissioner should first have deducted said mortgage debts, and then allowed her the per cent reported upon the balance. [signed] C.W. West Atty for creditors

________________________________________________________________

[wrapper]

Memo of payments to Mrs. H. Parrish on her preferred claims

Voucher No. 35

 and   No. 36

---

Memorandum

1883 Feby 8 Paid Mrs. Harriett Parish her dower intst.in J.J. Parish's Estate with intst. on Same from March 30 /82 to this date -- this sum $481.38 Feby 8 Paid this day on her preferred claims 377.22

 "  9	Paid   "   "  on her preferred claims								   876.45
 													_________

Total amt paid on claims to date $1,253.67

[enclosures]

$1060.00 [sic] -- Twelve months after date we or either of us promise to pay Saml. L. Brunker on order Ten Hundred and Fifty Dollars for Value Received. March 22, 1880. [signed] J.J. Parish [signed] J.Q. Ward [signed] J.S. Withers

Feby 8th 1883, Voucher No. 35, $858.60, for my dower interest & $377.22 cr on my claims. [signed] Harriett Parish

Feby 9th 1883, Voucher No. 36, $876.45, paid to me by his ind___y[?] satisfaction in full on my 1st bond for purchase money. [signed] Harriett Parish

________________________________________________________________

Harrison Chancery Court

James J. Parish adm. Plaintiff against Harriett Parish &c. Defendants

Assignment

For seven hundred dollars to me in hand paid by J.S. Withers I hereby assign to him the claim I hold against the estate of j.J. parish deceased which claim has been reported by the master Commissioner of the Harrison Chancery Court in the above styled cause and ordered to be paid.

May 21st 1883.

[signed] T.A. Frazer Assignee R.C. Wherritt

________________________________________________________________

[wrapper]

John Madison & Wife

    To

James J. Parish

Deed

Akd. & Dower Rebugh[?]

January 8th 1855.

Att. C.T. Wilson D.C.

Recorded Deed Book No. 23 Page 161.

Tax & fees all paid

This indenture made this 6th day of January 1855 between John Madison and Jane his wife of Coles County in the State of Illinois of the first part, and James J. Parish of Harrison County and State of Kentucky of the second part Witnesseth that the said party of the first part for and in consideration of the sum of Three hundred and fifty dollars for which said James J. Parish has executed his two promissory notes for one hundred and seventy five dollars each, the first payable the 25th December 1855 and the other payable the 25th December 1856 with interest at the rate of ten per centum per annum for the 25th day of December 1855 have given granted bargained and sold released conveyed and confirmed and by these presents do give grant bargain sell release convey and confirm unto the said James J. Parish and his heirs all that lot or parcel of land lying in Hinkston addition to the town of Cynthiana in the County of Harrison and State of kentucky and bounded as follows to wit:

Beginning on the South Side of Pike Street at the intersection of the Covington and Lexington Rail Road, thence South with the Eastern margin of Said Road one hundred and thirty three feet, thence East 78 feet thence South Twenty nine feet, thence West Sixty feet thence North one hundred and four feet to Pike Street, thence with Said Street west 18 feet to the beginning.

To have and to hold Said lott or parcel of land and its appurtenances to the only proper use benefit and behoof of him the Said James J. Parish and his heirs Subject however to a lein for whatever portion of the purchase money may at any time remain unpaid.

And the title to Said lot or parcel of land and its appurtenances they do warrant and defend to the Said James J. Parish and his heirs against the cliam or claims of them the Said John Madison and wife and against all other claims.

In witness of which the Said John Madison and wife have hereunto Subscribed their names and affixed their Seals the day and year first above above [sic] written.

[signed] John M. Madison [SEAL] [signed] Jane Madison [SEAL]

State of Kentucky Harrison County Sct.

I P. Wherritt Clerk of the County Court of said County certify that this deed was produced to me on the 8th January 1855 and acknowledged by the said John M. Madison and Jane his wife to be their act and deed for the purposes therein contained, and ordered to be recorded which is done this 21st March 1855.

[signed] P. Wherrit Clk.

________________________________________________________________ ==1880 May, July Jas G Parrish to E R Banks $12.45 [wrapper]

No. 12

J.G.[sic] Parrish

    To

E.R. Banks

$12.45

Jas. J. Parish Est

To: E.R. Banks

1880 May 29 To 1 oil stove 6.00

"  "		"  1 Tin oven					2.25

July 24 " 1 Set Steamers 3.25

"   "		"  1 Pan for Steamer				 .25
"   "		"  1 Gl. coal oil				 .30
							      ______
							      $12.05
					Probating[?] a/c	 .40
							      ______
							      $12.45

State of Kentucky Harrison County

The Affiant Edw. R. Banks says the above demand of $12.45 is just & has never to his knowledge been paid -- that there is no offset of discount against the same nor any usury therein. [signed] E.R. Banks

Also the Affidavit of Erasmus Wolfe who says he knows the foregoing demand of $12.45 is just, due and unpaid. [signed] Erasmus Wolfe

Sworn to and subscribed by E.R. Banks and E. Wolfe before me the 2nd day of Oct 1880. [signed] A.M. McDowell Exr. H.C.

________________________________________________________________

1875 June 2 Note 363.00 J J Parish &c To Amy McClintlock

[wrapper]

J.J. Parrish &c To Amy McClintock

Note 363.00

Cynthiana Ky June 2nd 1875

Twelve months after day we or either of us promise to pay to the order of Amy McClintock the sum of Three hundred and Sixty three Dollars with ten per cent interest per annum from maturity until paid, for value received this 2nd day of June 1875. [signed] J.J. Parish [signed] R.C. Wherritt

For value received I hereby assign this Note to Henry E. Shawhan without recourse on me. Apl. 17th 1876 [signed] Amy [her X mark] McClintock

att. Chas. T. Wilson

June 28 1877 Cr by $118.13 April 26 1878 Cr by $150.00

State of Kentucky Harrison County Sct

Affiant Henry E. Shawhan says the note hereto attached for Three hundred and sixty three dollars is just and has never to his knowledge or belief been paid; that there is no offset or discount against the Same except the payment June 28, 1877 of One hundred & eighteen dollars & 13 cents and another payment April 26, 1878 of One hundred and fifty dollars, and that there is no usury therein. [signed] W.E. Shawhan