Originally published in
ECHGS newsletter and used
with their permission
Nancy McQueen, John McQueen, Thomas McQueen, John McQueen, Jr., John Hemibree, Polly Hemibree, Aaron Parris, Sally Parris, James Moore, William Moore, James Bales, Anna Bales, John Persell, Edith Persell, and Samuel McQueen, by his next friend, Nancy McQueen, Plaintiffs
vs.
William McQueen, Daniel Hoover, and William M. Fulkerson, Defendants
Petition filed October 15, 1857
The plaintiffs state that one John McQueen, Sr., departed this life intestate on the 14 day of February 1855, in the county of Estill and left the plaintiffs and the defendants William McQueen and Daniel Hoover his children, heirs, and legal representatives. The plaintiff state that the plaintiffs Nancy McQueen, John McQueen, Thomas McQueen, Polly Hemibree, Sally Parris, Anna Bates, Edith Persell and the defendants William McQueen and Daniel Hoover's wife are the children of said John McQueen, Sr., deceased, that the plaintiff Sally Parris married the said Aaron Parris, the plaintiff Anna Bates married the said James Bates, the plaintiff Edith Persell married the said John Persell and the plaintiff Samuel McQueen is an infant son of Betsy McQueen, a duaghter of John McQueen, Sr., deceased and therefore he sues by his next firend, Nancy McQueen, and the plaintiff John McQueen, Jr., is also a son of the said Betsy McQueen, deceased. The plaintiff James and William Moore are the sons of Ibba Moore who married James Moore, Sr., and said Ibba was a daughter of said John McQueen, Sr., deceased, and she is dead. The plaintiffs further state that the said John McQueen, Sr., deceased, was a Revolutionary soldier and as such he made an application in his life time to the Pension Department for a pension for his service in the Revolutionary War, and said pension was allowed.
Since the death of said John McQueen, Sr., the defendants William M. Fulkerson, William McQueen, and Daniel Hoover, received the sum of $679.95 the pension aforesaid, which sum was and still is coming to the plaintiffs as children and grandchildren of said decedent, that they are at least entitled to one-child's part of said pension money. They state that the defendant McQueen was appointed and qualified as an Administrator of said decedent by the Estill County Court, and as such he assumed the right to receive a portion of said pension, and refused to pay it over to the plaintiffs, but the most of said sum is retained by the defendant Fulkerson without right. They deny the right of said McQueen to receive any of said pension money unless it was his part as one of the children of his father John McQueen, Sr., deceased, and they counteract the fact that Fulkerson had any right to pay the same over to said McQueen. They state that the defendant Daniel Hoover also received from Fulkerson or McQueen a portion of said pension money, which he was not entitled to. They state that they have received no part of said sum of $679.95, but that the defendants have applied the same to their own use and refused to pay any part of it to the plaintiffs.
Wherefore they pray and request for their part of the above named $679.95 and for all other proper relief in the promises, etc.
Benjamin F. Rice & John M. Price, Attorneys for plaintiffs.
State of Kentucky, Estill County
Aaron Parris says that he believes the statements of the foregoing petition are trew. Sworn to before me by Aaron Parris this 15th day of October 1857.
Robert Fluty, Estill County Clerk
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