L. Brake et al. vs. Nimrod See et al.
Complaint


Transcribed by Perry Brake

To the Hon. E. C. Bunker Judge of the Circuit Court of Hardy County:  
Humbly complaining shew [show] unto your honor your orator 
Leonard Brake and your oratrix Elizabeth Simon, that their father is 
Michael Brake in his lifetime was seized and entitled of valuable real 
estate in the County of Hardy consisting principally of sev- 
eral adjoining tracts lying on the South Fork containing by estimation 
upwards of six hundred acres, and being so seized and entitled 
thereof, on this 21st Day of January 1861 departed this life intestate 
leaving your orator and oratrix and five adult grand children 
the issue of his deceased daughter Magdeline who had intermarried 
with Nimrod See and died some fifteen years before leaving
the said Nimrod and said five children her surviving, to wit, 
Michael See, George See, Leonard See, John See and Betsy who first  
intermarried with one Jacob See and he dying she afterwards 
intermarried with John Cleaver, as his heirs at law; and 
since the death of the said Michael Brake on of said grand 
children, to wit, John See, has departed his life unmarried, intestate 
and without issue, whereupon his father, the said Nimrod See
succeeded to any estate to which he may have been entitled.  
Your oratrix intermarried with Jacob B. Simon who died some
23 or 24 years ago the said Michael Brake left no widow.
The lands of said intestate are designated on the assessors 
books as 680 acres, 114 acres and 12 acres, the home place 
on the South Fork; also a tract of 40 acres; there is another 
parcel of 37 acres which was assigned to the heirs of Michael 
Brake in the partition of the dower lands of Elizabeth Stump, decd.
Your orator Leonard Brake with the consent and by the advice of 
his father and at his own costs and charges put consid-
erable improvements upon a part of said home lands.  The ev-
idences of title, in which said lands are more fully described, 
are herewith filed as parts of this bill, marked A, B, C & D.

     Your orator and oratrix further show unto your 
honor that their sister Magdeline upon her marriage with the said 
Nimrod See and afterwards received from their father in his
lifetime by way of advancement property of very considerable value; 
and as they believe a full share of their fathers estate in 1828 
or thereabouts their father the said Michael Brake purchased of Jacob 
See valuable lands on Lost River, containing some (blank) acres and 
paid six hundred dollars principally in specie (?) therefore, erected 
a house thereon at his own costs and charges and put the said Nim-
rod See and his family in possession thereof, and they have had 
the use and enjoyment of the same ever since though purchased 
and paid for by the same Michael Brake the title to said property 
was made directly to the same Nimrod See, the property being intended 
as the portion of the said Magdeline as shown by the co[n]temporaneous 
acts of the parties and the often repeated declarations of the intestate 
about that time and afterwards to that effect. It is further shown 
that the said Magdeline on her marriage received from her father 
a large outfit of household and kitchen furniture and other property 
of considerable value; and that Nimrod See required and received 
from the said Michael Brake for many years after his marriage 
a great deal of assistance in the maintenance of himself and 
family, and it will not be pretended that the property and sup-
plies thus furnished were ever paid for in the lifetime of the 
said Michael Brake; and before the descendants of this said 
Magdeline are permitted to come in to the partitions hereinafter 
asked for, they and the said Nimrod See representing his said deceased 
son John, should be required to bring into hotchpot the said 
Lost River lands and all other property or money received 
by them of (word crossed out) the said Magdeline from the said Mi- 
chael Brake in his lifetime by way of advancements.

Your orator and your oratrix further show unto 
your honor that their father died possessed of considerable 
property personal and owing but very few and inconsiderable 
debts, so that no part of said real estate will be required 
for the payment of debts or demands against his estate. 
(---) [Be it therefore?] claimed and shewn that the real estate of which 
their father (----) seized and entitled as aforesaid in sus-
cetible of partitions amongst the parties entitled thereto.  In con-
siderations whereas and inasmuch as your orator and your
oratrix are (----?) in the premises [?] save by the aid of a court
of equity where matters of this nature are properly cognizable.  They
pray that the said Nimrod See, Michael See, George See, Leonard See 
and John Cleaver and Betsy Cleaver  his wife be made parties de-
fendants to this bill and required to answer the same fully under oath:  
that said Nimrod See states particularly whether the said Lost
River lands were not purchased at the price and paid for by the
said Michael Brake as hereinbefore stated; whether his wife Magde-
line at the time of their marriage and afterwards received from her
father and mother a very considerable outfit of household and 
kitchen furniture, horses and other valuable property, and whether
they [,] the said Nimrod See and family [,] did not for many years after 
said marriage continue to receive from said Michael Brake, grain, 
money, and provisions by way of advancement and whether these 
advancements thus received were not their full share of the said 
Michael Brakes estate; that the said real estate be divided 
and the proper portions of your orator and oratrix be allotted
to them severally excluding the descendants of the said Magdeline
and the said Nimrod See from such partition at events until your 
orator and oratrix shall receive such portions of said 
estate as may be equal in value to the said Lost River lands
and the other property advanced the said Magdeline and her children 
by her father in his lifetime; that (----- -----?) may issue, and 
that such other further, full and general relief may be afforded
your orator and your oratrix as the nature of their case may re-
quire, or as to equity (----  ----?) and proper; and your 
orator and your oratrix will ever pray, etc.  The original bill 
in this case having been mislaid or lost, this is filed as a sub-
stitute therefore and as an amended and supplemental bill.
                                   
Jacob for Complaintants

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