Hartly, Hartly & Berry vs. Carpenter, Carpenter, Carpenter, & Carpenter

Submitted by Jerry Tuttle


Fleming Circuit Court

Petition in Equity

Clara T. Hartly
John F. Hartly


Clara Carpenter
Robert Carpenter
Daniel Carpenter &
Martha Carpenter

The plaintiffs Clara T. Hartly, John T. and America Berry, state that in the year 18___ Daniel Carpenter by his last will and testament bequeathed to his daughter Sally a tract of land of which he was _____ed situated on the North Fork in Lewis County Ky., and that by the terms of said will said Sally was to keep said land or if disposed of was to reinvest it on other land for her own use and that of her children.

They state that Sally Carpenter on _____ day of _____ 18___ intermarried with Samuel Berry who was the father of Plaintiffs, Clara T. Hartly and America Berry the former having married John T. Hartly her co-plaintiff.  They state that Milly Ann Berry who died in 1875 or ’76 married John Carpenter who still survives and that by said marriage she had two children Clara and (Roland) Carpenter both of which are under the age of twenty one.  And Nancy who married Leroy Ferrin and that they are both dead leaving Martha their only child and heir at law, who on the _____ day of _____ 18___ intermarried with her co-defendant – Daniel Carpenter.  They state that Sally Berry after the death of Samuel her husband married Emmons Carpenter, and sold her land in Lewis Co., and with the proceeds there of purchased fifty-three acres more or less lying in Fleming County, Ky., situated near the Fox Springs, on which she resided several years and on which she was domiciled at the time of her death.  A deed for said land being in her own name a true and certified copy of which plaintiffs will file and mark as exhibit “A” and the same when filed will be made a part of their petition.  They state that Sally Carpenter on the _____ day of 1878 died intestate and _____ of the land aforesaid leaving the before mentioned plaintiffs and defendents her only heirs at law all of whom reside in Fleming Co., Ky.   They state that plaintiffs and defendents have interests in and to said land as lawful heirs as follows ==

Clara and John T. Hartly are entitled to a one fourth interest she being the child of Sally Carpenter deceased and America Berry a one fourth interest she being a child of said Sally and Clara sister of defendant (Roland) Carpenter a one fourth interest the same to be equally divided between them being the only Grandchildren of the said Sally Carpenter by ther daughter Milly Ann now deceased.  And Martha wife of Daniel Carpenter the remaining one fourth she being an only Grandaughter of Sally Carpenter deceased by Nancy Ferrin wife of Leroy Ferrin both of whom are dead.

2nd     The plaintiffs aver and charge that the whole of said land is not worth more than two hundred and fifty dollars and that the share of each heir is not worth as much as one hundred dollars.  Therefore they ask that a guardian “At _____” be appointed to defend for the two infant defendents Clara and “Roland” Carpenter and for summons against all of said defendents and that the chancellor decree that all the land be sold, and the proceeds distributed according to law among the heirs of Sally Carpenter deceased and for costs and all general and special relief ----

John T. Hartly

John T. Hartly states that the facts set out in the foregoing petition are true as he believes.

Sworn to before me this the 25th day of Nov 1878

Jas H. (Powers)

(Examiner) Fleming Co.