When Thomas Scott died, he left his estate, including slaves, to be held in trust for the benefit of his daughter Franky (wife of Thomas Clayton) and Franky's children. At the time of Scott's death, Thomas Clayton had mortgaged some property to him, and in his will Scott bequeathed the money still owed him by Thomas Clayton to Thomas Clayton's children. The only qualifying trustee died and did not clearly leave anyone to succeed him. Subsequently, Thomas and Franky Clayton moved to Kentucky, taking much of the property with them. But before leaving, Thomas entered into an agreement with his wife and children whereby Thomas released his interest in the estate in return for a "decent maintenance" and they released their interest “to all right and benefit” from the mortgage he executed to his late father-in-law. The petitioners now claim that John Clayton, who resides on the estate, has mismanaged it and failed to provide said maintenance. They ask the court to require him to provide a full accounting of the estate. They also ask the court that the estate be "placed under the control of wise, prudent and honest trustees to manage the same for the benefit of the persons interested."
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Repository: Kentucky Division of Libraries and Archives, Frankfort, Kentucky
