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The protestors were allowed to appeal their case to the Circuit Superior Court of Law and Chancery for Cumberland County.The Superior Court heard the appeal on 30 August 1844, and upheld the lower court’s finding.By December of 1944, at Cumberland County, Elijah was suing his ward Joseph Jenkins for failure to pay the entirety of Elijah’s trust to him. To the Honble Daniel A Wilson, Judge of the Circuit Superior Court of Law and Chancery for the County of Cumberland: Humbly complaining showeth unto your Honour your Orator Elijah W.Colley, that in the year _____ the County court of the said County of Cumberland appointed a certain Joseph Jenkins of the said County of Cumberland guardian of your orator and his brother and sister Wm S & Julia A Colley, and the said Jenkins entered into bond before the said Court in the penalty of 00 with Joseph S.Palmore and William Phaup his securities, conditioned according to law for the faithful execution of the duties of the said Trust, as will more fully appear by a copy of the said bond herewith filed marked (a) and prayed to be considered a part of this bill – that the said Jenkins possessed himself of the estate of your said orator and his said brother and sister _____ and managed the same until your orator became of age, to wit, in the year ____, that your orator then desired and requested this Jenkins to settle his accounts with him and to pay and deliver over to him whatever money he owed him and to deliver over to him whatever property of his he then held – this the said Jenkins did deliver over to him his land, [], but he failed to pay him the money due a large sum of money which he owes him upon a fair settlement of his accounts.

entry * Elijah Walker Colley [48] was born about 1821 at Cumberland County, Virginia. In the will of his father, dated 10 October 1826 and proved on 23 March 1829, Elijah, his brother, and his sister, after other legacies were made, were to receive “all the rest and residue” of their father’s estate “to be divided equally among them.” It has been suggested that, after his parents’ death, the young Elijah went to live with his uncle Leonard Ward Ligon.The reason for this assertion may be that, as Leonard Ligon was known to have removed at an early date from Virginia to Howard County, Missouri, (1816), and then on to Clay County, Missouri, (1819), and, as Elijah and his two siblings also settled in Clay County, perhaps the orphans went to Missouri at a young age to live with their uncle. The boy, along with his sister Julia and brother William, was made ward of Joseph Jenkins.It is unknown if this Joseph Jenkins was one and the same as the Joseph H. It seems to me unlikely, but the two Josephs were at least probably closely related. Ford, Gentlemen Justices of the Court of Cumberland County, now sitting, in the sum of Three thousand dollars to the payment whereof well and truly to be made to the said Justices and their successors, we bind ourselves, and each of us, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Colley, orphans of Elijah Colley, deceased, all such estate or estates as now is, or are, or hereafter shall appear to be due the said orphans when and as soon as they shall attain to lawful age, or when thereto required by the Justices of the said County Court; as also keep harmless the above named Justices, their, and every of their heirs, executors and administrators from all trouble and damages that shall or may arise about the said estate, then the above obligation to be void, otherwise to remain in full force.