Lawsuit - Elizabeth Arnold, et. al. v. W. H. H. Arnold, et. al.

Source: Franklin County, Kentucky, Circuit Court, Box 1180

Note: The following is a summary of the lawsuit proceedings. Since the actual number of pages is in the dozens, it's not feasible to include an entire transcription nor an image of every page. If you would like more information, please feel free to contact me.

Elizabeth Arnold, &c. vs. W. H. H. Arnold, admr., &c.
Suit filed July 10, 1871. Both in Henry and Owen, June 1873, judgement.

Elizabeth Arnold and Horace Arnold, by their guardian, F. T. Haydon, and Ben Arnold vs. W. H. H. Arnold, petition in equity.

W. H. H. Arnold in his own right, and as admr. of SIMEON ANOLD, dec’d, J. W. Spires, Nancy Sandford, admrs. Of Robert Sanford, dec’d, and John Arnold def’t. The pl’t’fs Elizabeth Arnold, and Horace Arnold, are infants under 21 years of age, and by their gd’n, F. T. Haydon and Benj. Arnold, state that on ____ ____ of 1862 Simeon Arnold, at that time a resident of and domiciled in Franklin County, died intestate leaving as his only heirs at law, his wife then being dead, the plaintiffs Elizabeth and Horace Arnold, Benjamin Arnold, and the def’ts William H. H. Arnold, and John Arnold, all of whom are of full age, except Elizabeth and Horace who sue by their gd’n in Franklin County. They say that on Nov. 29, 1862 the def’t William H. H. Arnold, was appointed by the Franklin Cir. admr. of said Simeon Arnold, dec’d, and with the def’t W. J. Spires and one Robert Sanford, securities, estate amounted to $2,000 and on July 27 1868, and, admr. made a full report. Pltf’s say they are each entitled to $230.04, as their share, admr. furnished Elizabeth and Horace only - (named food, clothing, etc., et.) and has spent for Benj. Arnold only $33.89. Said Robert Sanford has died in Owen County and Nancy Sanford has qualified as his admr. in Owen County Court.

Benjamin Arnold, Sr. says that he in Oct. 31, 1867, bought of Benj. Arnold (pltf), all his right, title and interest in the estate of his dec’d father, Simeon Arnold, and paid $25.00 cash. Deed dated Oct. 31, 1867, of Ben Arnold. W. H. H. Arnold now out of the state, he believes.

Copy of sett. of estate of Simeon Arnold, Nov. 29, 1862 is shown, by W. H. H. Arnold, Dec. 1862.

On motion of Elizabeth Arnold, inf. orphan of Simeon Arnold, dec’d, above 14 years, F. T. Haydon was appointed her gd’n. The court apt’d him gd’n, as he was under 14 years of age. July 27, 1868.

J. B. Marshall and wife Lucinda Marshall to appear at Peak’s Mill, July 21, 1873, to give depositions, to be taken at Bacon’s shop. Jas. B. Marshall says he is aged 28, a farmer being asked if he knew Benj. Arnold, and he had known him for 13 years, and his mental capacity was dull, had more sense when a boy, has not ordinary mental capacity, and no education, cannot read or write.

On being asked how Ben Arnold was related to Ben S. Arnold, he stated that Ben S. Arnold was uncle of Ben Arnold. His father and Ben’s father were bros.

Deposition of Lucinda Marshall - had known Ben Arnold since he was a child. He is about 22 years old now. He was not 21 when he sold his interest out. I have seen his age in the Bible many times and knew his brother John when he tore it out. It was in possession of John Arnold, Ben’s brother. He kept it from time of his mother’s death. That was about 8 years ago, as well as I remember. John Arnold went from Kentucky to Kansas about 1869. Do not know where he is at present. June 21, 1873, deposition.

Nancy Sanford is co-defendant of W. H. H. Arnold, now a non-resident of this state, believes plaintiffs were fully paid. Aug. 29, 1871.

Dep’n of James B. and Lucinda Marshall, June 18, 1872. James Marshall aged 27, farmer, living in Owen County, in Monterey. Says Ben Arnold sold his interest to his uncle Ben Arnold. Lucinda Marshall, aged 16, says Ben’s brother John, now in Kansas tore his age out of the Bible, and not 21, in Oct. 1867. It was after Ben Arnold bought and drew his money out of the Burchfield estate, and bought John’s interest in the Bloomington property.

John G. Haydon says he is 67 years gives dep’n, so does Jas. E. Duvall, aged 69, a doctor and minister, and farmer, June 19, 1872. Monterey, Owen County.

Henry Burchfield’s deposition at Lindsey’s law offices, Feb. 6, 1872 - says he was admr. of his father’s estate (John Burchfield). Benj. Arnold an heir - says Ben demanded his part of estate his bro. John T. Arnold there. E. Q. Arnold, dep’n, says he is son to Ben S. Arnold, paper signed at his house in Bloomington, and my father was living at my house in Monterey at the time. He says "my father is uncle to said Ben Arnold." Henry Burchfield is uncle of said Benj. Arnold, says Egbert Q. Arnold. Feb. 7, 1872.

Benj. Arnold admits he made his mark Oct. 31, 1867, says he was 21 and uneducated. Said Ben S. Arnold was bro. to his deceased father, Simeon Arnold. Aug. 28, 1871.

J. E. Duvall, dep’n, Monterey, June 20, 1873, says he is 70 years old, minister, doctor, farmer, and guessed Ben Arnold to 25 years old, lived in Owen and Franklin Counties.

Jas. G. Haydon, 68 years, says Ben Arnold nephew of Ben. S. Arnold, born in Franklin County. Ben lived with him in 1866, and not mentally capable.