Joseph and Elizabeth Bybee state that Elizabeth Bybee was previously married to Fayatte Roan, who died in 1819. Although he treated her kindly, Elizabeth states that "during the latter years of his life he Indulged in an excess of drink & use of ardent spirits which was accompanied by some of the usual attendant consequences." On 18 April 1816 Roan made and published his last will leaving all of his property to Elizabeth. At a later time, the petitioners say, when Roan's mind was "paralyzed by the use of spirits," some of his "pretended friends" persuaded him to execute a deed of trust for all his property, including slaves, to William Herd and William Walker. Although Roan declared it null and void when he came to his senses, Herd and Walker refused to return the deed and proceeded to sell a considerable portion of the property. Since Roan's death, Elizabeth has been recognized as the administratrix of his estate, but Herd and Walker persist in disposing of the property contained in the deed of trust. The complainants ask the court to require Herd and William to account for all transactions they have made, to decree that they pay to the complainants any money owed them, and to declare the deed of trust null and void. In an amendment to the petition, the petitioners explain that the slaves in dispute originally belonged to Elizabeth's father, Gilbert Hunt, and they identify sixteen slaves "as the Dower interest of Sarah Hunt," Elizabeth's late mother.
Result: Granted.
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Repository: Kentucky Division of Libraries and Archives, Frankfort, Kentucky
