After the completion of his two-year prison term, Adam returned home and shortly thereafter had a friend compose his will for him. Approximately two weeks later, Adam committed suicide. His will was later contested by family members and declared invalid by a jury. Some details of those proceedings may be found in the following depositions:

The Deposition of Charles Hayden taken Agreeable to notice on the 31st day of May, 1811 at the house of Thomas Bullock's to be read as evidence on the trial of a suit in chancery, now depending in the Washington Circuit Court, wherein Robert Fogle is Complt & Edmund Rutter, as guardian to the heirs & representatives of Adam Fogle Dec'd is Def't and this Deponent being first sworn deposeth & sayeth, that he saw Adam Fogle directly after his return from the city of Frankfort in the month of November 1804 (as well as he recollects) and from the acquaintance, he had with said Fogle for many years before, he declares that the said Fogle did not appear to possess the use of his natural understanding as well from the time of his return as aforesaid to the day of his death, as he did in his former acquaintance with him.
I further state that at times, after said Fogle's return as aforesaid I have been in company with him and he appeared to be altogether deranged & convulsed as it were throughout his system, owing, as I thought, to his reflecting on things that had been past
Quest by the complt, do you believe that my father Adam Fogle at the times you saw him, after his return as aforesaid was capacitated to make a legal Will
Ans. He did not appear to have the use of his natural abilities
And further this deponent sayeth not
        Charles Hayden


The Deposition of John Brothers taken at the same time & place and for the aforesaid purpose & this deponent being first sworn deposeth & sayeth that about two weeks previous to the death of the aforesaid Adam Fogle he was called on by said Fogle to write his will-
Quest by complaintant- did you consider Adam Fogle in his right senses when he made the aforesaid application-
Ans. I did not
Quest by same- did you not consider said Fogle deranged in mind & not properly capacitated to make an impartial Will when you wrote his will
Ans. Yes
Quest by same- do you not think from his conduct at the time he made his Will that he was instigated by prejudiced and, that having a proper use of his understanding, made him make it as it now appears
Ans. Yes
Quest by same- at what time did you write the Will above alluded to
Ans. In the month of November or December in the year of 1804 to the best of my recollection
And further this deponent sayeth not
        John Brothers
The Deposition of Joseph Fogle taken at the same time & place and for the aforesaid purpose and this deponent being first sworn deposeth & sayeth that after the time of Adam Fogle's return as stated in the Deposition of W. Charles Hayden from the city of Frankfort, he appeared to me very delirious & much derange in mind to the day of his death, as I was frequently with (him)
Quest. By Complt. Do you believe that Adam Fogle after his return from Frankfort as aforesaid was as well calculated to make a cool dispationate & impartial Will, as he was previous to his conviction.
Answer- No I do not
And further this deponent say not.
                                                                                        Joseph Fogle


The Deposition of George Hayden taken at the house of Philip Lee's on Pottenger's Creek agreeable to notice on the 19th of October 1811 to be read as evidence on the trial of a suit now depending in the Washington Circuit Court in Chancery, wherein Robert H. Fogle is Complainant and Edmund Rutter Guardian to the infant heirs of Adam Fogle deceased is Deft. And this deponent being sworn deposeth and sayeth, he was acquainted with Adam Fogle for nine or ten years previous to his death
Quest by Plaintiff- did you know him the said the Adam Fogle after his return from his confinement at Frankfort
Ans. Yes
Quest by same- how long was it after his return as aforesaid to his death-
Ans. About two months
Quest by same- did he the said Fogle after his return as aforesaid appear to have the use of his natural understanding as well as he had previous to his confinement as above mentioned.
Ans. He did not
Quest by same, was it not generally thought in the neighborhood where the said Fogle died that he in the derangement of his mind made use of means to hasten his death
Ans. Yes
Quest by same- do you believe that the said Fogle after his return had the use of his senses well enough to make a cool dispassionate and impartial Will
Ans. From the appearance of him I did not think him capable of doing any business
And further this Deponent sayeth not
        George Hayden
1