KYJacksonPurchase-L Archives
Archiver > KYJacksonPurchase > 2003-03 > 1047612829
From: Dave Clark <>
Subject: Re: [KYJP] KY Cases At Law - Col. Albert Petty Thompson Case Revisited
Date: Thu, 13 Mar 2003 19:34:27 -0800
References: <5.2.0.9.2.20030313192813.02c2fce0@mailbox.arn.net>
Being a lawyer myself, I found your account of the Thompson Case most
enlightening. While none of the people mentioned seem to have come from
any of my family ancestors, I appreciate the gold-mine of information.
Once when I was visiting a town where my father lived for about 3 years
until 1917, I found much about him in the local Courthouse. For
example, his divorce file from his first wife was there, and the
complaint contained some juicy details about the wife. There was also a
tax case against him, which I've been able to establish was after he left.
So, whenever a researcher is in the local town, having a look at the
local courthouse files and indexes is very beneficial to getting
information.
Thus, I might ask if there is anybody in or near McCracken County, KY,
who might do a look-up for any of my ancestors? We believe both
g-grandparents lived there for a time because they were married there,
so it isn't unlikely that there might have been a court case involving
one or more of the two or their own ancestors.
Thanks.
Bill Utterback wrote:
> My friends -
>
> I had said yesterday that I planned to post another KY Appeals Court
> case today, involving Seaton Sledd of Calloway County. I still plan to
> do that, but from a different perspective.
>
> In February, you may recall that I posted a Court of Appeals case in
> which the Thompson family of McCracken County was involved, specifically
> the mother of Col. Albert Petty Thompson, Alice Thompson, and other
> members of the family. I had said that I would periodically update the
> List on further findings in this case, as I intended to order the case
> file for it. The case involved a legal question as to whether the
> desires for the disposition of property expressed in a letter from the
> holder of the property to another party could be deemed a last will and
> testament. Here is what I posted about the case:
>
>> In this case, Alice Thompson appealed a ruling of the McCracken Court
>> of Common Pleas, which had established as a valid Will, a portion of a
>> letter that Mrs. Thompson's son, Albert P., had written to them prior
>> to his death, based upon the allegation that it was fraudulently
>> suppressed. The Appeals Court ruled that the Court of Common Pleas did
>> not have original jurisdiction in the matter and could not establish
>> the portion of the letter in question as a valid Will, without action
>> from the McCracken County Court admitting the alleged Will to probate.
>> The case was remanded to the lower court with directions to sustain
>> the objection of Mrs. Thompson.
>
>
> From the brief statement above, one mighty be led to believe that this
> was a relatively simple case. It was not. The case file ran to an
> incredible 810 pages, with over 680 pages of depositions from more than
> two dozen individuals. The case lasted 11 years, having first been filed
> in 1867, with final disposition in 1878, after the death of Alice
> Thompson. The letter which Col. Albert Thompson sent to his
> parents(which was never produced, having apparently been burned)
> indicated that he wished his property to go to his wife. However, just
> prior to Col. Thompson(who was an attorney) having entered the
> Confederate Army, and prior to his marriage, he prepared a Deed-of-Trust
> in an effort to prevent confiscation of his property by the federal
> troops, should they invade the territory. He made his mother the
> recipient of the trust, and named a trustee, who later refused to act in
> that capacity, and therein began the trouble, as Samuel C.Thompson,
> husband of Alice Thompson and father of Col. Thompson, decided he would
> act as the trustee for his wife. Colonel Thompson was killed in Paducah
> in 1864. His widow later remarried, and when she requested that her
> former husband's wishes be carried out insofar as the disposition of his
> property was concerned, Col. Thompson's parents demurred from acting,
> inasmuch(among other reasons) as she had not remained a widow.
>
> What is worth conveying in particular in all of this is the magnitude
> and wealth of information about this family contained in this case file.
> We see everything from letters which Col. Thompson wrote to his wife
> from the battlefield to detailed accounts of his law practice by his
> partners, and the affairs of Samuel Conner, his father, and others
> associated with the family when they resided in Calloway County before
> removing to McCracken County.
> These details span a period of many years(back into the 1840's) and
> would fill in many blanks for those interested in knowing more about
> their forebears than just names and dates. Among those giving
> depositions in this case were John C. McElrath, Thomas McElrath, Charles
> Curd, Irena Worthington Curd, Paris Marshall Ellison, Robert Lewis
> Ellison, James Monroe Quarles, Nancy Jane Quarles, J.M.Biggers, Samuel
> McKnight, J.E Churchill, C.E.Sears, Benjamin Smith Curd, W.W.Stroud,
> T.M.Jones, Thomas J. Brame, W.J.Flournoy, Judge Rufus King Williams, and
> numerous others. Such depositions give us an insight into their daily
> lives, as well. There are mentions of trips taken by Samuel C. Thompson
> to Virginia to buy slaves and sell them "down South", and a whole
> retinue of other fascinating details. The family of Jack
> and Seaton Sledd are also mentioned a number of times in these depositions.
>
> Obviously, this type of case file "gold mine" is unusual. But it is an
> example of what these court cases can provide in the way of information,
> and I continue to encourage the use of all types of judicial records in
> your research as a routine part of the process.
>
> As is now customary, there will be no data posts tomorrow or on the
> weekend. Hopefully, I can get the problem worked out on the
> miscellaneous files(from last weekend) and get those out at some point.
> Tomorrow is our booksellers day, and I should perhaps remind us about a
> couple of the guidelines connected with that - no more than five(5)
> listings per Friday, and all questions or other discussion which may
> arise from such postings *must* be conducted by private e-mail, directly
> to the seller. In order for us to remain in compliance with the RootsWeb
> Acceptable Use Policy, these guidelines must be adhered to closely.
>
> I hope everyone has a pleasant weekend.
>
> -B
> ====================================================================
>
>
>
>
>
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> authored by the KYJP Listowner.
>
>
--
Dave Clark
http://Dave24C.blogspot.com
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