Vol 1 - Vol 4 (FHL Film # 007616690)
Chancery Order Book 1 - Page 432, Hatton vs Fleek: "William Hatton & wife, plff, vs Henry fleck, Exr and Others Deft
Monday April 18, 1842
Present:
The same Judge as Yesterday
William Hatton and wife Pt.
vs
Henry Fleek exor of Henry Fleek dec'd & others Deft
This cause came on to be heard this 18th day of April 1842 upon the bill & exhibit therewith files the answer of Henry Fleek executor of Henry Fleck deceased & replication thereto and order of publication duly has against the absent defendants and was argued by counsel and it appearing to the court that more than two months have elapsed since the return of the subpoena regularly served upon the home defendants other than Henry Fleek, the bill is taken pro confesso as to them. On consideration thereof it is adjured ordered and decreed by the court, that Master Commissioner John Kern Jr do settle the accounts for the said Henry Fleck executor of the aforesaid Henry Fleek deceased, Secondly that the said commissioner do ascertain the amount of money at the time of the decedents death due from the said Henry Fleek for any land or lands which he may have purchased of the decedent in his life time and also the amount of any money do to the said decedents estate, at the time of his death by Solomon Fleek. And in as much as the said Henry Fleek executor as aforesaid has avoided giving information of the amount due from him to the decedents estate for the purchase of the lands charged in the bill the court doth direct that in regard thereto, as well as in regard to other matters touching this controversy, the said Henry Fleek be required to answer, on oath, before the said commissioner any and all questions pertinent to the subject matter of the bill and like leave is allowed the deft to interrogate the Plaintiff, But in settling the estate accounts the commissioner is to take the exparta settlements as prisma fa?ictrus but liable to be sencharges falsified and the said commissioner is at liberty to resort specially all things he may deem proper relative to the matter in controversy and whatever either party may require to be specially stated in order to a final decree
Chauncery Book 2 Page 67, 68
William Hatton and Susanna his wife formerly Susanna
Fleek, one of the children & legatees of Henry Fleek dec Pt
against
Henry Fleek executor of Henry Fleek Dec'd & also in his personal
character, Jacob Fleek, Adam Fleek, John Fleek, Solomon Fleek, &
Nicholas Paugh & Catharine his wife, formerly Catharine Fleek
legatees of Henry Fleek dec' Defts
The forever order of reference in this case is this 15th day of April 1844 so amended in regard to the parties being required to answer interrogations on oath before the commissioner - and if it appear to the satisfaction of the commissioner that the plaintiff is too feeble or infirm to attend before the commission in person from his residence, it being suggested that he resides in a distant county then the defendants if they seek a discovery from him are at liberty to perform interrogations to be answered on oath before a justice of the peace in the county in with the said Hatton resides - and in order that the execution of the reference shall not be delayed by the failure or neglect of the defendant to file written interrogatories the commission is required to give the defendant Fleek's administrator notice to file written interrogations as soon as he is satisfied of the inability of the said Hatton to attend in person without prejudice to his health - and unless the said defendant shall upon the service of such notice file his written interrogation within twenty days, the commissioner is directed to procure in making his settlement without further delay therefore or on account thereof.