The Thomas B. Thornhill Court Case
Located in Kentucky Archives, Frankfort, Kentucky
Submitted by Ralph Beverly
The file is quite lengthy containing Summons, Bonds, etc, so copies were limited to the original Petition, M. A.
Thornhill's Answer to the Petition, the Judge's Order to the Master Commissioner, the Master Commissioner's
Report back to the Court, the Final Judgment, and the Amendment, copied in Archives, Frankfort, Kentucky.
The documents were transcribed by the Kay Beverly. The Beverlys make no guarantee of accuracy, given the
factors involved and made no attempt to add or correct punctuation, spelling or capitalization.

Grant Circuit Court
Lewis Exors, Pltffs  
Vs                             Judgment
Simpson ???, Defts      
&  
Thornhill Admin, Pltff  
Against                       Judgment
Thornhill hr ????, Deft

The commissioners report herein is confirmed. It appears that the decedent Thomas B. Thornhill was at his death the owner of a tract of about and hundred and twenty-four acres of land a part of the land conveyed to deft Geo. W. Simpson by James W. Kerr and Mary P. Lewis Executor and executrix of N. C. Lewis deceased. That the decedent Thomas B. Thornhill purchased said land from deft G. W. Simpson that the said Simpson is indebted to Lewis Exor and Executrix for a ballance of purchase money oweing by him upon said land in the sum of $869.80 cents with interest from 25 May 1868. That the decedent Thomas B. Thornhills notes for $500 due 25 of December 1866 and $500 due 25th December 1867 payable to G. W. Simpson for the ballance of purchase money oweing by decedent are held by deft John B. Payne by assignment from said Simpson, that Simpson is insolvent and has failed to relieve the land from the lien of Lewis executors it is therefore necessary to sell so much of said land as will pay off Lewis Exors lien upon said land and to that extent the consideration of the notes given by Thornhill to Simpson and now held by Payne has failed, this however will leave Thornhill's estate indebted to Payne are the notes assigned to him by Simpson the sum of $185.20 with interest from 25 May 1868, and for this amount Payne is entitled to a lien upon the said land. The deft Mary A. Thornhill the widow of decedent Thornhill is entitled to dower in any land which may remain after selling enough of said land to pay Lewis Exors and J. B. Payne. It is therefore ordered and adjudged by the court that the master commissioner of this court do on the first day of same county court to be by him fixed sell at public auction to the highest bidder before the court house door in Williamstown and a credit of six nine and twelve months as much of said land of which decedent died seized as will be sufficient to pay to said N. C. Lewis Executor and executrix the sum of $869.80 with interest from 25 May 1868, until paid and to pay to deft John B. Payne the sum of $185.20 with interest from 25th May 1868. the master must take bonds payable to the claimants with good security bearing interest from date of sale, before making the sale afrd the master must advertise the times places and terms of sale by written advertisement to be stuck up by him in three or more public places in Grant County and of which must be stuck up at the court house in Williamstown.

If any part of said land shall remain after satisfying the debts afrd It is adjudged by the court that the master commissioners of this court do in company with the county surveyor of Grant County on a day to be fixed by them of which they must give deft Mary A. Thornhlll due notices of the time and places of their meeting ????? Survey and lay off to Mary A. Thornhill by metes and bounds as and for her dower the One third of such remainder after making the sale first herein directed having due regard to quarterly updated and improvements.

It is further adjudged that the master commissioner of this court after he shall make assignments of dower as aforesaid do at the court house door in Williamstown on the first day of same regular county court day sell first at public sale to the highest bidder so much of the remainder of said land as shall not be assigned to the widow for dower as will be sufficient to raise the further sum of $503.05 with interest from the 25 May 1868. (This amount being found against said estate after exhausting the money arriving from personal assets) if the remainder of said land after the assignment of dower as afrd shall be insufficient to satisfy the sum of money last afrd. It is therefore ordered that the master comm. of this court do sell so much of the land which may be assigned to the widow as afrd subject to his life estate as afrd as will be sufficient to satisfy the ballance of said debt and interest, the comm must take bonds from the purchaser or purchasers of the last named tracts of land payable to the master commissioners of this court with good security bearing interest from the day of sale the commissioner of this court before making the sale last afrd must advertise the times places and terms of sale by written advertisements to be stuck up by him in three or more public places in Grant County and of which must be stuck up at the court house in Williamstown at least fifteen days before the day of sale, the sale of the last named tract of land must be made on a credit of six months. The allowance made to the master comm. In his report is decreed sufficient for his services already rendered and those to be hereafter rendered in making the sales and assignment of dower herein before directed.

It is further ordered that the W. H. Bevarly Administrator of T. B. Thornhill to pay to the preferred creditors of T. B. Thornhill the amounts of money found due them by the masters report, the money found due by him in the commissioners report. If it further ordered that all further proceedings in this action and the original and ?????? petition be continued until the next term of this court.

Grant Circuit Court

Tho B. Thornhill, Adm    Pltff  
Against                                   Answer of M. A. Thornhill
Thornhill hrs              Defts  

This defendant Mary A. Thornhill for answer to plaintiffs petition admits that her late husband Thomas B. Thornhill died seized of the tract of land in plantiffs petition mentioned that he left this deft his widow him surviving the dates charges that she is entitled to the one-third of said land for and during her natural life as and for her dower no said land - She therefore insists that her interest in said land should be laid off and assigned to her before a sale of said land for the payment of decedents debts.
Therefore she prays that dower may be assigned her in said land and for other proper relief.

E. H. Smith Atty
For M. A. Thornhill

Grant Circuit Court
T. B. Thornhill, Adm
Against                    
Thornhill's heirs _?___    
             &                          Order
N. C. Lewis, Exors         
Vs                          
G. W. Simpson et al       

This day comes W. H. Bevarly administrator of Thomas B. Thornhill and all his ????? it is ordered that the above actions be referred to the master comm of this court - and that he do ascertain and report to this court the estate of every description of which the decedent Thomas B.Thornhill died seized - that he ascertain and report what liens if any exist on the lands of which said Thornhill died possessed he will ascertain and report to this all debts and claims against the estate of said Thornhill that he audit and settle the accounts of the adm of said Thornhill. Is further ordered that the creditors of said Thornhill do prove their claims against said estate before the master . It is further ordered that the master comm do close the taking of proof in the above actions on the second Monday in May next-he must advertise the times and places of his sellings by written advertisements stuck up in at least three of the most public places in Grant County. That he report his proceedings to this court on the first day thereof at the next May term.

Grant Circuit Court
W. H. Bevarly
Administrator of
Thomas B. Thornhill decd    Pltff       Petitioners

Against                                    in

Mary A. Thornhill Defts                  Equity
William Thornhill
George W. Simpson
John B. Payne
James H. Kerr Executor &
Mary P. Lewis Executrix
of A. C. Lewis decd

The plaintiff W. H. Bevarly states that Thomas B. Thornhill late of Grant County Ky departed his life intestate at his residence in said county on this (blank) day of (blank) 1866 intestate leaving the defendant Mary A. Thornhill his widow him surviving and the defendant William Thornhill his only child and heir at law - that said defendant William Thornhill is a minor of the age of seventeen years and has no statutory guardian.

There on the (blank) day of (blank) 1866 this plaintiff was appointed administrator of said decedent Thos B. Thornhill took the oath required by law and entered into covenant with security conditioned as the law directs and has entered upon the discharge of his duties as such and will in due time file herewith as part hereof a copy of the order of his appointment marked B.

That this plaintiff caused the personal estate of said decedent to be appraised which amounted in the aggregate to the sum of $ (blank) he will in due time file herewith as part hereof a copy of said appraisement bill marked C. That he also caused to be set apart to the widow of said decedent the property which was exempt from distribution he files herewith as part hereof the ???? copy of this report of the commissioners in that behalf marked D,

That this plaintiff did on this day of (blank) of (blank) 186(blank) sell all the personal estate of said decedent at public auction on a credit (blank) months and made out a complete and full sale bill of said estate which amounted in the aggregate to the sum of $ his will in due time file herewith as part hereof a copy of said sale bill marked E.

Ptiff charges that this said decedent died seized and possessed of a tract of land situated in Grant County on the waters of Grassey Run Creek containing about one hundred and twenty-four acres the boundary of which is fully set out in a deed from Deft George W. Simpson to this decedent Thomas B. Thornhill which is filed herewith as part hereof marked D F, that the aforesaid tract of land is the only real estate of which decedent was the owner at his death - that the Deft G. W. Simpson retained a lien upon said land for a part of the purchase money all of which has been paid except the sum of five hundred dollars due the 25th of December 1866 - and the sum of five hundred dollars due the 25 of December 1867 for these last named payments the said decedent Thornhill executed and delivered to the said deft Simpson his has two promissory notes due at the dates last afrd - that the said deft G. W. Simpson sold and assigned said notes to one James Simpson who sold and assigned the same to one John B. Payne who is now the holder thereof and who is called on to produce and file the same in this action with his answer hereto.

This plaintiff further charges that the defendant George W. Simpson purchased said tract of land so conveyed by him as afrd to this said decedent from this Deft, James H. Kerr executor and Mary P. Lewis, executrix of A. C. Lewis and who on this 30th day of April 1865 by their deed did convey to said Deft Simpson the afrd tract of land in consideration of the sum of $2262.18 ct all of which has been paid except the note of the defendant Simpson for the sum of $808.59 which falls due the 21st of Feby 1867.

That this said Kerr and Lewis retained a lien upon said land to secure the payments of said purchase money oweing by said deft Simpson to them upon said land and have never released the same in any manner but are still relying on the same. Ptiff charges that the lien of the said Lewis' Exors upon said land is prior to the lien of the said Simpson for the purchase money oweing him upon said land by the decedent.

He charges that the said defendant Simpson is in doubtfull and failing circumstances if not hopelessly insolvent - He charges that it would be unjust and inequitable that the mate of said decedent should be required to pay the money owing by the decedent's estate upon said land until the said defendant George W. Simpson shall pay off and discharge the debt owing by him on said land to the said Executors of said N. C. Lewis. Ptiff insists that in case the estate of the said decedent shall be compelled to pay the debt oweing by said Simpson to the said executors of said N. C. Lewis that the said estate of said decedent Thornhill would in that event be entitled to an equitable set off against this said notes of the decedent for purchase money so held by deft Payne as afrd Ptiff charges that said personal estate of the decedent Thornhill is not near sufficient to pay the debts of said decedent - that it will be necessary to sell a part of the land of the said decedent to pay his debts.

Wherefore this plaintiff prays that the said defendants James H. Kerr exor and Mary P. Lewis Exetx of N. C. Lewis decd be compelled to exhibit their claim (with their answer hereto) for purchase money and show what amount of any purchase money is oweing them by the defendant George W. Simpson upon said land - that the deft John B. Payne be compelled to file with his answer hereto the notes of the decedent for purchase money and in case the estate of decedent Thornhill shall be required to pay to the executors of afrd N. C. Lewis the purchase money oweing then upon said land by this said deft G. W. Simpson that in that event this plaintiff pays that the amount the mate of said decedent shall be required to pay said Exors of said N. C. Lewis may be set off against so much of the debts oweing by said estate upon said land - But in case this for any cause cannot be done then this plaintiff prays judgement against said defendant G. W. Simpson for any amount that said estate may be required to pay said exors if N. C. Lewis to relieve said land from this said lien reserved by them in their said deed as afrd.

That this action may be referred to the master commissioners of this Hon Court for a settlement of their estate of said decedent Thomas B. Thornhill - that the accounts of plaintiff may be audited & settled - that the creditors of said estate shall each and every one of them be required to produce their claims before the master commission for proofand settlement that the said creditors of said estate may be injoined from instituting suits at law upon their claims and an final hearing plaintiff pays for general and special relief or to E. W. Smith, atty Plaintiff.
W. H. Bevarly says he believes the statements in the foregoing petition are true.
W. H. Beverly sworn to before me by W. H. Beverly this (blank) day (blank) 1867.

Grant Circuit Court

N. C. Lewis Exor & Extx    Pltffs  
Against                                        In Equity
G. W. Simpson               Deft              
&                                              Master Report of Sale
T.B. Thornhill, Adm         Pltff      
Against                                        Dower                            
T.B. Thornhill Heirs Deft        

To the Hon the Judge of the Grant Circuit Court the undersigned Master Commissioner of said court begs leave to report, that pursuant to a Judgment, of said Court, rendered at its May term 1868, in these causes, he did on the 4th of Sept 1868. in company with George W. Norton, County surveyor for Grant County - go upon the tract of land described in the pleadings & Exhibits and these causes to adjudged to be sold, and made a survey of the entire tract, and ascertained the true quantity to be one hundred & fifteen & one fourth acres, to afterwards to wit on the 14th day of September 1868. that being the first day of the Sept Term 1868 of the Grant County Court. The undersigned offered for sale publicly to the highest bidder at the Court house door in Williamstown Ky, upon a Credit of Six Nine & twelve months, the said tract of 115 ¼ acres of land in Grant County Ky after having first advertised in writing as directed by said Judgt. and as required by law, the times, place & terms of sale, Where E.H. Smith bid the sum of One Thousand and Seventy-four & 35/100 Dollars. (That being the amount adjudged to N.C. Lewis Exor & Extx & John B. Payne including interest to the day of sale) for One Hundred acres of said land, to be taken off of the South West End of said tract, and which is represented on the Plat of Survey herewith files Marked (G.N.) and no person offering to pay that amount for less than 100 acres the same was stricken off to him for said amount. Who with Matthew Burnett his Surety Executor their bonds as follows to wit three bonds for $295.25 each, payable to J.H. Kerr, Executor of N.C. Lewis decd, at Six - Nine and Twelve months, with interest from date. And three bonds for $62.86 cents Each, payable to Jho. B. Payne at Six Nine & twelve months which bonds are returned herewith;

In further pursuance of Said Judgment the undersigned Commissioner allotted to Mary A. Thornhill widow of T.B. Thornhill decd, One acre of the residue of said land, as her dower interest in the 15 ¼ acres of land remaining after satisfying the debts of Lewis Exor and Payne as afrd the one acre assigned to the sd. widow includes the Dwelling house will be which is represented on the Plat of Survey afrd And on the 12th day of Oct 1868. that being the first day of the regular Oct Term 1868 of the Grant County Court, the undersigned Commissioner after having first advertised in the manner directed & as required by law, the time, place & terms of sale, offered publicly at the Court house in this Town, to the highest bidder upon a credit of six months the 14 ¼ acres of land described on said plat of survey - And being the remainder of said tract of 115 ¼ acres of land, after assigning Dower to the widow afrd. When E. H. Smith bid the Sum of Five Hundred & Seventeen Dollars & 37 ½ cents for said 14 ¼ acres of land, and he being the highest and best bidder therefore the same was stricken off to him for said amount, who with Matthew Burnett his Surety Exor to their bond, for $217.37 ½ Cents payable to the Master Commissioner of the Grant Circuit Court in the Sixth Month after date with int from date, which bond is returned herewith.

The undersigned then offered for sale publicly to the highest bidder at the Court house door in Williamstown on a credit of Six Months the said one acre tract of land set apart to the widow as Dower & Subject to her life estate, having first duly advertised the same - wherein M.A. Thornhill being the highest & best bidder therefore became the purchaser at & for the sum of Seventy Six Dollars who with W.H. Beverly her Surety Executor their bond for $76 payable to the Master Com of the Grant Circuit Court, in Six Months - and after date which bond herewith filed; All of which respectfully Submitted.
Ben Stewart, GCC

Grant Circuit Court

W. H. Bevarly, Admin of
Thomas B. Thornhill     Pltff        Amended
Against                                Petition in
Mary A. Thornhill       Defts        Equity

The plaintiff, W. H. Bevarly, administrator of Thomas B. Thornhill, dec'd, by way of amenddment to this original petition herein states and charges that the defendant William B. Thornhill, since the last term of this court, to wit, on December 28, 1867 departed this life in Grant County in infancy intestate, unmarried and without issue leaving his mother the defendant Mary A. Thornhill and the defendant Lucy CHilders, wife of defendant Thomas CHilders. Susan Coleman late Thornhill, Mahala Thornhill, Mary Thornhill, Prescilla Thornhill, James W. Thornhill, Reuben C. Thornhill his uncles and aunts and W. W> Sallee and Isaac A. Stewart, Jr. the only heirs of Nancy Sallee late Thornhill and F. M. Franks, only heir of Sarah Frank late Thornhill his only heirs at law.That the defendant F. M. Franks is an infant under 21 years of age and the defendant B. S. Franks is his Satutory guardian. The defendant Isaac A. Stewart, Jr. is an infant under twenty one years of age and the defendant Isaac A. Stewart, Sr. is his Statutory guardian.

The defendant Prescilla Thornhill is an idiot, and the defendant Lucy Childers is her Committee.

The defendant Mahala Thornhill is an idiot and defendant Mary Thornhill is her Committee. The defendant James W. Thornhill and Reuben C. Thornhill are non residents of Kentucky.

Wherefore the plaintiff prays that this action may be revived agst said defendant that dower may be assigned to Deft Mary A. Thornhill out of the land mentioned in the original petition. That a sufficience of the land in the original petition mentioned may be sold to pay the debts of the lien THomas B Thornhill decd and for general and special relief to E. H. Smith attorney for Plaintiff.

The Plaintiff W. H. Bevarly states he believes the statements in the foregoing petition are true. W. H. Bevarly
Sworn to before me by W. H. Bevarly this first day Jany 1868.     A. H. Jeffers, Clerk

Submitted by Ralph Beverly
November 9, 2003
Thanks Ralph and Kay!

Home