 Abt 1790 - 1820 (~ 30 years)
-
| Name |
Abraham Applegate |
| Born |
Abt 1790 |
| Gender |
Male |
| Voress Number |
5F2E4 |
| Died |
1820 |
Saint Francisville, Feliciana Parish, Louisiana, USA  |
- sometime during the summer
|
| Notes |
- (Documents from the Louisiana Supreme Court File in Applegate, et al v. Morgan et al, Docket # 1387 (April, 1827). Final Decision reported at 5 Mart. (N.S.) 642 (1827).
Documents available at <http://libweb.uno.edu/jspui/handle/123456789/9991>
Petition of Richard and Rhoda Applegate ~sta)
To the Honorable the judge of the Third Judicial district, holding sessions in and for the Parish of Feliciana, State of Louisiana.
The petition of Richard Applegate and Rhode Applegate residents of Mason County, State of Kentucky respectfully represents that they are the Heirs at Law, in the direct line, of Abraham Applegate who departed this life in this Parish some time in the year 1820, that James Small applied for and obtained letters of curatorship from the judge of Probate of the Parish aforesaid, and on the 26th day of August 1820, entered into a bond of one thousand dollars with Isaac Morgan and Solomon M. Brian as Securities, for the faithful discharge & performance of the duties of a curator, as will appear by reference to a certified copy of said Bond hereto annexed and prayed to be made a part of this petition.
Your petitioners charge that the said James Small by virtue of his authority as curator reduced into possession the Estate of Abraham Applegate deceased; but that he has not [illegible] truly and faithfully discharged and performed his duties as aforesaid curator, for they [illegible] the said James Small among other things did not inventory as the property of the said Abraham deceased - a Grey Horse worth one hundred and fifty dollars, which was the property of the said Abraham, and which the said James Small knew to be such, but did fraudulently use and appropriate said Horse to his own use and benefit; and they moreover charge that in many particulars the Inventory of the said Abraham's Estate returned by the said James Small was willfully incorrect and incomplete.
Your petitioners further allege that the said James Small after embezzling the Estate of the said Abraham deceased, as aforesaid, did leave this Parish and has gone to parts unknown to these petitioners; that he failed to account for the revenues of said estate in any manner, has never settled his account as curator and that the legal term for dowin which has long since expired
Wherefore, your petitioners pray that the said Isaac Morgan and Solomon M. Brian, Securities aforesaid, may be cited to appear in this Honorable Court in due course of Law, and sentenced, judged and decreed to pay the some of one thousand dollars, the amount of the bond signed by them as Securities aforesaid, costs of suit, and for general relief.
[The petition itself is undated. The summons issued based on it are dated 18 October 1823]
Affidavits
State of Kentucky
Mason County
We the Subscribers, two of the Commonwealth's Justices of the Peace for the County and State aforesaid, certify that Richard Applegate and Rhoda Applegate whose names are subscribed to the above power of attorney, this day came personally before us and acknowledged the same to be their hands and seals, acts & deeds for the purposes therein mentioned—we further certify that Benjamin Kirk aged 61 years and Zephaniah Watson age 61 years & [illegible] on oath that the said Richard Applegate and Rhoda Applegate are reputed the Father and Mother of Abraham Applegate who died at or near St. Francisville Louisiana, in the year A.D. 1820.
Given under our hand and seal this 10th day of January Anno Domini 1823. Given under our hand and seal the 10th day of January Anno Domini 1823
s/ Wm Duff, Justice of the Peace for P. Ct. {seal}
Before me Thos. Keith a justice of the Peace in and for the county of Mason, Richard Applegate and Rhoda Applegate his wife acknowledged the foregoing power of attorn to be their act and deed for the purposes therein contain. Kirk & Watson deposeth not in my presence.
Given under my hand and seal this 23d day of Jan'y, 1823
s/ Thos. Keith J. Peace {seal}
I Thos. Keith the subscribing Justice of Peace to the last certificate to the foregoing power of attorney do certify that Richard Applegate & Rhoda Applegate his wife are the reputed Father and Mother of Abraham Applegate who left this county in the Spring 1820 and has never returned. It is reported and believed that he died at Saint Francisville on the Mississippi River.
s/ Thos. Keith
23 Jan'y 1823
State of Kentucky, Mason County
I Marshall Key, Clerk of the county court of said county, certify that Thomas Keith Esqr., who hath granted the foregoing certificates is now and was at the time of so doing, a justice of the peace in and for said county, duly commissioned and qualified, and that to all his official acts as such full faith and credit is due and ought to be given.
In testimony whereof I have hereunto set my hand and affixed the seal of said court the 14th day of April 1823.
s/ Marshall Key {seal}
State of Kentucky, Mason County
William Bryan, Presiding Magistrate of the county court of said county, certify that the foregoing attestations of Marshall Key, who is clerk of said court, is in due form of law.
Given under my hand and seal, the 14th of April 1823
s/ Wm Bryan {seal}
Inventory of Abraham Applegate
State of Louisiana
Parish of Feliciana
An Inventory and Estimation of the property belonging to the Succession of Abraham Applegate, dec'd, made by W C Wade Judge of the Parish aforesaid, this 10th August 1820 and appraised by James P. Smith and John Ketchum, duly appointed and sworn for that purpose and taken in presence of Isaac H Roe and Robison Mumford, assisting witnesses.
72 Barrels flour, estimated at $2.50 per Barrel $180.00
One Flat Boat not estimated
And there being no other property found this Inventory was closed on the [illegible] and in the presence of the witnesses aforesaid, who sign hereunto with me said Judge.
s/ Wm C. Wade Parish Judge of Feliciana
s/ John Ketchum, J.P. Smith
Witness, Isaac H Roe, R. Mumford
The following is a supplement of the property belonging to the succession of the aforesaid Abraham Applegate dec'd made on this the day aforesaid by me the said judge in the presence of Wm. P. Gross and P. Mertly [very hard to read name] assisting [illegible], to wit
One note signed Hugh B. Maxwell dated July 28th 1820 and payable to Abraham Applegate $310.00
Twenty four of which is Carolina Wilkins & Co. due bill for $2.00
Cash in the hands of John G Grady as per his acknowledgment found at the time of the decease of said Applegate $40.00
J. Ketchem & Co. receipt for [illegible] in store the property of James Small [blank]
Four Barrels flour in the hands of Jos. Fletcher [blank]
One due bill in favor of W Applegate by D Garben for $30.00
10 barrels of corn in the hands of Jos. Fletcher {blank}
[illegible] [illegible] Receipts in favor of Applegate dated 20th July 1820 in full of an account —
one by same, in favor of same dated 28th July for four dollars "—free of all demands"—
13 Barrels flour sold by J G Grady for $4.50 per Barrell $58.50
One straw hat, two shirts, two pairs of pantaloons and one Velvet roundabout and one pair of old boots, one new Pocket Book one Bay Horse in the Possession of John G. Grady.
And there being no other property found this Inventory was closed on the day and in the presence of the witnesses aforesaid, who sign hereunto with me the said Judge—
Wm C Wade, Parish Judge of Feliciana
Witnesses
Wm P Gross
P Maskelly
Record of Testimony
R & R Applegate } 3d district court vs } Parish of East Solomon M Brian & others } Feliciana
In obedience to an order received from the Honorable the third district court for the Parish of East Feliciana, I, Joseph Bernard, a justice of the Peace, acting in and for the Parish of West Feliciana, proceeded to take the depositions of the persons named below; first having sworn them upon the Holy Evangelists.
Monday 6th December 1824 - Hugh B. Maxwell sworn says that he know Abraham Applegate who died in the Parish of Feliciana, in the summer of 1820 —Here the Examination adjourned until tomorrow morning at 10 O'Clock A.M.
Joseph Bernard, J.P.
Tuesday, December 7th 1824 - Hugh B Maxwell continuing from yesterday - says, that from various circumstances that came to his knowledge, he was under the impression at that time and believed that Applegate & Small was in partnership in some produce, that was on hand at the time of Applegate's death. Witness states, that there was a deduction made from the amount due by witness to Applegate's Estate; but the precise amount of it he cannot now state, as he kept no regular books at that time; he thinks the amount count not exceed from fifteen to twenty dollars at most, but may have been more.
s/ H.B. Maxwell
Subscribed and sworn to before me this 7th Dec 1824
s/ Joseph Bernard, J.P.
—William C. Wade being duly sworn according to law, says that he was Judge of the Parish of Feliciana, in the year 1820, that he is under the impression that Small was not present when the Inventory of Applegate's estate was taken, that witness was satisfied from the evidence produced that Applegate and Small were in partnership, so far as regarded some Flour that they had then and that he acted upon and gave credit to the affidavits filed in the office of the Parish Judge relative to Applegate's estate
s/ W.C. Wade
Subscribed & sworn to before me this 7th Dec. 1824
s/ Joseph Bernard, J.P.
Continued to Tomorrow the 8th Instant
s/ Joseph Bernard, J.P.
Wednesday Morning December 8th 1824 Cont'd from yesterday—
James P. Smith being duly sworn on the part of the defendants, testifies— that in August and September 1820 a quantity of Flour was stored in the ware House of John Ketchum [illegible] belonging to Abraham Applegate, that on the 16th September of the same year, as appears from the Books of Ketchum [illegilbe] he received from James Small, the sum of twenty eight 50/100 dollars for the storage of the said Flour—that the charge in the Storage Book is Twenty Eight dollars and eighty seven & half cents, and further saith not.
s/ Jas. P Smith
Subscribed & Sworn to before me this 8th Dec 1824
s/ Joseph Bernard J.P.
And there being no other witnesses produced the above examination is closed, the depositions of the witnesses having been reduced to writing by me the said Justice.
In testimony whereof, I grant the foregoing under my signature and private seal, this 8th day of December in the year of our Lord, one thousand Eight hundred and Twenty four
s/ Joseph Bernard {seal}
Justice of the Peace for the Parish of West Feliciana
[illegible] and filed in open court April 4th 1825
s/ L. Hardesty, Clk
(Inventory of Estate of Abraham Applegate
Mason County Kentucky Will Book E, pp. 223-224 ~sta)
Inventory and appraisement of the estate of Abraham Applegate deceased returned as follows.
February 17th 1821
We the undersigners meet agreeable to to [sic] order and appraised the property of Abraham Applegate deceased
One roan mare $50 one sorrel mare and colt $57.50 107.50
A parcel of Tobacco at $1.50 per hundred
[blank]
8 hogs $12 3 stacks of wheat $32
42.00
one Brindle Cow $10 one red and white do $12
22.00
Steer $3.50 one 75 gallon still @ 50 ¢ per gallon $37.50 41.00
One 100 gallon still 20 20.00
14 stills Tubs
14.00
Bucket bag and Tub [illegible] and scraper
1.75
Breech bands $2 [illegible] plow $7
9.00
one shovel plough $1.50 2 hoes $2
3.50
[illegible] and two Bridles
6.00
one box $0.50 2 [illegible] $1.50
2.00
Stretcher and single tree $2.50 one slide $0.75 3.25
Stretcher $1 axe and wedge $2.75
3.75
Amount Carried over
[blank]
[page break]
[illegible] and Hammer $1.50 Tub Churn $0.75
2.25
one sugar Kettle one pot Dutch oven and Skittel [sic] 8.00
[illegible] Kettle $1 pot trammel and shovel $2.50 3.50
one table $3.50 one Chest $3.00
6.50
two stacks of wheat at Keiths
24.00
wheat at Benjamin Applegates
60.00
one bed bedding and stead $30 one ditto $25
55.00
candle stand & four chairs $3 one Trunk $2.50 6.50 [sic]
one spinning wheel and reel #3 one cotton wheel $2.50 5.50
one hand saw $1.25 two old barrels $0.12 1/2 1.37 1/2
2 buckets .75 16 plats & one dish 2.50 teaware & bowls 5.00
one cainster [sic] .25 one pitcher and four crocks 0.62 1/2 .87 1/2
one bowl and tin quart 18 3/4 8knives & forks $1.50 1.68 3/4
eleven sheep $16.50 loom $5 parcel of corn $7 28.50
parcel of bacon $15 parcel of pickles $0.25
15.25
bag of lard $4 one candle stick $0.25
4.25
505.18 3/4
Joseph Jones
Daniel Perrine
Robert Downing
Mason County
October Court 1821
Inventory and appraisement of the estate of Abraham Applegate was returned in Court and ordered to be recorded
Attest Marshall Key Clerk
Accounting of the estate of Abraham Applegate
Mason County Kentucky Will Book E, pp. 337-339
Account Current of the estate of Abraham Applegate deceased, was returned as follows to wit:
The estate of Abraham Applegate deceased, an account current with Benjamin Applegate, Administrator
March 22 1821
Cash paid to Ignatius Mitchell
7.62 1/2
Abraham Applegate’s accepted order to the adm 16.00
Cash paid Marshall Key 2 ticketts [sic] .99 & 2.66 3.65
June 11
ditto paid to L Cahill
2.50
ditto paid to Thomas [illegible]
2.00
July 10
ditto paid Mary Bayles 1.12 1/2
ditto paid to Perry Fyffe pt. his bond
9.6
ditto paid do his bond & int.
71.38 1/4
ditto paid Perry & James Fyffe
72.30
ditto paid ditto 13.80 1/2
August 28
ditto paid Joseph Frazee
17.44
Sept 11
ditto paid William Peck
1.00
Amount carried over
[blank]
[page break]
1822
March 4
cash paid Vincent Applegate
40
ditto paid Robert Downing
337.45
ditto paid A.R. DePew 50
1823
Jany 20
ditto paid Benjamin Applegate his two accts 150.25
21
ditto paid L.L. Hawes
5.00
ditto paid James A Paxton
5.00
ditto paid Thomas Keith for rent
5.52
ditto paid for 5 galls whiskey used at sale
1.50
ditto paid admr’s expenses to N. Orleans 11
Feby 10
ditto to paid Sheriff Mason County
4.32
Commission on 601.80 1/4 @ 6 per cent
36.10
Interest on money advanced for the estate
before any came to my hands
10.91
874.93 3/4
1832
March 4
amount of sales 472.77 1/4
Cash recd of Mary Applegate for pork
95.60
ditto recd of James [illegible]
4.00
ditto recd for saw and steelyards
3.25
ditto recd of Leander Harte
3.00
ditto recd of J Browning
1.00
ditto recd of J Tucker
.50
ditto recd of J Baldwin
.50
ditto recd of J. A. Paxton
.50
ditto recd of J. Fyffe
1.25
ditto recd in part of an execution
against A Broshart
19.18
601.80 1/4
Balance due the admr 273.13 1/2
874.13 3/4
In pursuance of an order of the Mason County Court to us directed, bearing date February 1822, which is hereto annexed, we have proceeded to examine, state and settle the accounts of Benjamin Applegate administrator of Abraham Applegate deceased and find a ballance [sic] of two hundred and seventy three dollars thirteen and a half cents due the said Benjamin Applegate administrator and from the charges an vouchers to us produce, the same appears to be just.
Given under our hands this 10th day of February 1823.
s/ John G. Bacon
s/ Wm Duff
Mason County Ct
March Court 1823
This account current of the estate of Abraham Applegate deceased was returned in Cout, examined, passed, allowed and ordered to be recorded.
Attest Marshal Key Clk
|
| Person ID |
I22118 |
Applegate Main |
| Last Modified |
11 Oct 2018 |
| Father |
Richard Derrick Applegate, b. 06 May 1764, Berkeley County, Virginia, USA , d. 1850, Mason County, Kentucky, USA (Age 85 years) |
| Mother |
Rhoda Brant, bur. Mason County, Kentucky, USA |
| Family ID |
F8710 |
Group Sheet | Family Chart |
| Family |
Mary Keith, b. Abt 1790, d. 1840 (Age ~ 50 years) |
| Married |
27 Sep 1816 |
Lewis County, Kentucky, USA |
| Children |
|
| Last Modified |
11 Oct 2018 |
| Family ID |
F8840 |
Group Sheet | Family Chart |
-
-
| Sources |
- [S764] Will of Hannah Applegate 1861-03-01 (Mason Co. KY Book of Wills U-546).
identified as deceased brother
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: Address
: Location
: City/Town
: County/Shire
: State/Province
: Country
: Not Set