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| James Cooper's Line Creek land
division, 14 Oct 1889 |
James Thomas Cooper died 8 Feb 1888. He may or may not have left a will; I've
found no mention of one, which is odd considering his wealth. Perhaps he died
suddenly.
Regardless, his children, to their credit, don't seem to have fought over his
holdings. A year
and a half after his death they gathered at his house, with the Pulaski County
Clerk present, and composed the document below. Deeds to the various divisions
were made to the appropriate heirs between 1890 and 1892.
"October 14, 1889
"Be it now and hence remembered that we, William Cooper and Robert Cooper,
Administrators of James Cooper, deceased, they also being heirs at law of the
said James Cooper deceased of Pulaski County, Kentucky, party of the first
part, and the widow and remaining heirs at law of the said James Cooper
deceased, of Pulaski and Rockcastle Counties, parties of the second part,
"Witnesseth that in consideration of covenant and agreement entered into
by the said first party and said second party at the house of Sarah Cooper,
widow of said James Cooper deceased, all in the presence of one another, do for
a justice to ourselves and one another agree and hereby these presents covenant
with each other, that we both the first and second parties select the following
named persons to act upon their own honor and judgement to lay out and divide
the lands of the said James Cooper deceased, which lies on Line Creek in
Pulaski and Rockcastle Counties, Kentucky, same to be divided into nine
parcels, so as to be nearly as possible equal in value, the persons so selected
to make such divide are, Francis B. Linville, William R. Whitaker, and John
Taylor, to be assisted by surveyor W. R. Burdine, whom we relied on as being
wholly disinterested in the business so assigned them to dispense with, and
that no objections are known to exist through either party to the said
above-named persons who they have selected to do a justice unto all, and that
we do each for ourselves agree that where said land has been laid out and
divided by the above named and reported by them as having been done according
to their best judgement and ability and say where each person's part shall be,
that they will each receive such as their part of the land so divided, and that
each bind themselves to execute deeds to one another for the same.
"It is furthermore mutally agreed that all the covenants and agreements
herein contained shall extend to and be obligatory upon the heirs, executors,
and administrators and assigns fo the respective parties.
"In testimony whereof, the parties to these presents have hereunto set
their hands and seals the day and year first above written."
Signed: John F. Cooper, James H. Cooper, Ida Bell Cooper, Effa J. Cooper (her
mark), William Cooper, Robert Cooper, Nancy R. Shiplet (her mark), Josephine
Davault (her mark), Mahala Norton (her mark)
"State of Kentucky, County of Pulaski
"1889, October the 14th. This instrument was today produced to me in
Pulaski County at the house of Sarah Cooper, widow of James Cooper deceased,
and was acknowledged by the said William Cooper and Robert Cooper, Adms., and
Roan Shiplet, Josephine Davault, Mahala E. Norton, John F. Cooper, James H.
Cooper, Ida Bell Cooper, and Effa J. Cooper, heris at law of the said James
Cooper deceased, in due form of law.
"att. John S. May, clk, by W. R. Burdine"
Pulaski County Deed Book 41, p.49 |
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