| Notes |
- Green Co., KY Circuit Case #3015 5 May 1910
R. T. Holderman, et al vs. Whit Akin, et al
Arabella D. Mason (formerly Holderman) departed this life intestate on day of 18 . She
left a tract of 640 acres of land mostly in LaRue County but partly in Green County on the headwaters
of Brush Creek. She left the following brothers, sisters, nieces and nephews:
1. Eliza Boles, deceased, no heirs
2. Lou Rush, deceased
A. Bell Hatheral, 1/15th part
B. Cad W. Rush, 1/15th part
C. Mattie Dinwiddle, 1/15th part
D. Mollie McMakin, 1/15th part
E. Eva Rush, under 21, 1/15th part
3. Mary Churchill
A. Mary Thurman, deceased
la. Lizzie Thurman, l/36th part
lb. D. J. Thurman, l/36th part
1c. Fannie Patterson, 1/36th part
Id. Cad Jenkins, 1/36th part
le. Eliza Gaddie, l/36th part
If. Robert Gaddie, l/36th part
B. J. C. Churchill
C. Elizabeth Middleton
4. Anthony Holderman, deceased
A. R. T. Holderman, 1/15th part
B. Jacob Holderman, 1/15th part
C.Bell Roby, 1/15th part
D. Jane Patterson, deceased
la. Charles Patterson, deceased
E. Hannah Walters, deceased married Thomas Walters
la. Mary Mather, l/75th part
lb. Eliza Ovensen, l/75th part
1c. Jacob Walters, l/75th part
Id. John C. Walters, 1/75th part
le. Kate Walters, 1 /75th part
On 6 Mar 1877 before th death of Arabella, by a written Power-of-Attorney which was executed by
the heirs, one Thomas Walters who as the husband of Hannah Walters was empowered to sell and
convey the real estate which has descended to die heirs. The Power-of-Attorney is of record in the
office of the clerk of LaRue County Court in Deed Book 12, page 136. The plaintiffs state that under
and by virtue of the Power-of-Attorney, Thomas J. Walters on 15 Jan 1894 and on behalf of the
heirs sold and conveyed to W. G. Johnson a tract of the real estate containing 80 acres situated in
Green County, bounded on the north by the lands of J. C. Huber, on the west by the lands of Del
Warren, on the south by the lands of Wes Warren and Jim Pierce and on the east by the lands of
Sudie Milby, containing 80 acres.
For part of the consideration for the real estate, W. Green Johnson executed two notes to
Walters as agent for their heirs. Johnson promised to pay to Walters as agent the sum of $35.50 on
13 Jan 1895 with interest from 15 Jan 1894 until paid and by the second of which Johnson promised
to pay to Walters as agent the sum of $35.50 on 1 Jan 1896 with interest from 13 Jan 1894.
No part of the notes has been paid and no part of the interest on either of them has been paid.
W. G. Johnson sold the land to J. R. Milby, sold a parcel of about 30 acres of same to one Muss
Akins who was since sold it to Whit Akins. J. R- Milby sold another parcel of about 30 acres of
land to Jesse Shoemaker who has since conveyed same to Sally Ann Akin (formerly Shoemaker).
The plaintiffs state that J. R. Milby departed this life intestate on day of 19 intestate in Green
County while still the owner of the residence of about 20 acres of the tract of land and the same
descended to his three children to wit: Berlie D. Warren, Willie Milby and Mary Milby. The widow
of J. R. Milby has remarried and is the defendant Sudie Bell. Willie Milby is an infant over 14 and
has no guardian. She resides with her mother, Sudie Bell.
Since the tract was sold to W. G. Johnson, Eliza Boles has died intestate. No administrator
has ever qualified to settle her estate and she left no descendants. The plaintiffs are entitled to her
share of the estate. Lou Rush, another of the sisters of the intestate has also died since the land was
Green County, Kentucky Circuit Court Records, Volume 17 by Barbara Wright
sold to Johnson and there is no personal representative of her estate and die plaintiffs Bell Hatheral.
Cad W. Rush, Mattie Dinwiddie, Mollie McMakin and Eva Rush are her only heirs
They also state that since the land was sold J. C. Churchill, a nephew of intestate has also
died intestate and diat there is no personal representative of his estate and his share in the notes passed
to Cad Middleton and Mary Thurman as his heirs. Mary Thurman, niece of the intestate has since
died intestate and her share of the notes has passed to her heirs Lizzie Thurman, D. J. Thurman,
Fannie Patterson, Cad Jenkins, Eliza Gaddie and Robert Gaddie, there being no administrator
of the estate of Mary Thurman.
Jane Holderman (late Patterson) has also died intestate and the is no administrator of her
estate and Charles Patterson is entitled to her share in the notes as her son and only heir.
Hannah Walters, niece of the intestate has also died intestate and that there is no
administrator of her estate and her share in the notes has passed to her five children: Mary Mather,
Eliza Ovensen, Jacob Walters, John C. Walters and Kate Walters.
Thomas J. Walters, agent of the heirs of Arabella D. Mason to whom the notes filed
herewith were made payable died on the day of December 1903 and die notes belong jointly to
the plaintiffs in proportion.
Eva Rush is an infant under 21 and Kate Rush is her guardian under orders of Hart County
Court. Robert Gaddie is under 21 and S. S. Gaddie is his guardian under LaRue Circuit Court. The
deed by which die tract of 80 acres was conveyed by Thomas J. Walters agent to W. G. Johnson
is not of record and a complete description cannot now be obtained but will be set up in an amended
petition.
The plaintiffs pray for the appointment of a guardian ad litem for the infant defendants Willie
Milby and Mary Milby and on final hearing they pray for judgment against W. G. Johnson for
$71.00 with interest from 13 Jan 1894 and they pray that the lien retained on the land to secure the
payment of the note filed herewith be enforced and that so much of the land as may be necessary to
satisfy the debts. Noggle & Graham
O. W. Mather, Attorneys
Summonses to Green County: Whit Akin, Sallie Ann Akin, Sudie Bell, Berlie D. Warren, Willie
Milby, Mary Milby and W. G. Johnson (Executed 22 Jan 1910 on Whit Akin, Sallie Ann Akin,
Sudie Bell, Berlie D. Warren and Willie Milby by delivering to each of them a true copy of this
summons and on Mary Milby by delivering at true copy of this summons to Sudie Bell, the mother
of Mary Milby who was an infant under 14 years of age and who resides with her mother.)
Isl W. H. Jones, EGC
Commissioner W. F. Milby, Guardian ad litem for the infant defendants William Milby and Mary
Milby for his report herein states that he has made a careful examination of the records and is unable
to make a defense. He asks that the court such orders as will be for the best interest of the defendants.
Isl W. F. Milby
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