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Complete Probate Record book 2

Complete Probate Record book 2

Posted: 27 Jan 2012 12:13PM GMT
Classification: Query
Edited: 28 Jan 2012 2:52AM GMT
In Library archives I found a Probate book titled

Complete Record Book 2
Jennings County Court of Common Pleas
Pages numbers are rather scrambled—many names of Heirs some are very large so I have listed the page numbers.

Index

Amick, Nicholas - pg 1—42
Barr, Andrew - pg 83—87
Brougher, Jacob - pg 252—60
Bergen, Richard - pg 261—266
Bridges, John - pg. 287—292
Bacon, Ebenezer - pg. 349—359
Bowen, Dallas P. minor - pg. 547—551
Baldwin, George C. - pg. 552—555
Butler, Benjamin - heirs - pg. 114—118 also 564—568
Carpenter, Jonn - minor - Sale of Land - pg. 106—110
Campbell, Henry - pg. 445—449 also 373—387
Demoss, Wm. - Conveyance of Land - pg. 42—45
Eastman, Elizabeth - pg. 203—209
Elliott, David - pg. 239—251
Edwards, John - pg. 475—478
Grinstead, John T. - pg. 133—141
Green, James - pg. 142—151
Goodhue, Eleanor - pg. 234—251
Glasgow, William R. - pg. 293—294
Hiner, John - pg. 37—41
Hill, James M. vs Whitten - Estate for Deed - pg. 70—76
Hargeshimer, - heirs - pg. 314—319
Henning, John - pg. 391—395
Hobart, Sophronia - minor - pg. 571—573
Hudson, Ananias - pg. 471—474
Hasley, Arthur - pg. 534—537 also spelled Halsey in the same document (there are 2 page 537’s in this book)
Jones, George - pg. 172—180
Jones, Thomas - pg. 181—187
Johnson, W. B. - pg. 530—534
Johnson, William - Heirs - pg. 574—577
Kenyon, James M. - Heirs of - pg. 210—222
Kersh, Peter - pg. 295—299
King, Phineas - heirs - pg. 556 —560
Lewis, Wm - minor - pg. 582—585
Lindley, James M. - Heirs of - pg. 77—82 also 197—202 also 569—571
Liming, James - pg. 396—400
Lockwood, John Harvy, minor - 119—121
McGannon, Susan - minor - pg. 578—581
McGannon, Thomas - pg. 58—69
McKay, Elizabeh - pg. 111—113
McConnell, Robert - pg. 152—162
May, Jonathan - pg. 165—171
Malcomb, Levin & Heirs - pg. 300—313
Messler, Isaac - pg. 337—342
Merrell, Azariah - heirs pg. 561—564
Merrell, Elizabeth - pg. 342—348
Marlett, James M. - pg. 401—416
Mielus (Miles?)McCaulou - pg. 365—375
McManaman - Heirs - pg. 503—507
McIntosh, Daniel - pg. 508—511
Needham - Heirs - pg. 122—125
Pennock, Alexander - pg. 330—336
Pennock, Anthony - pg. 361—364
Pool, Joseph vs. J. Bundy - pg. 381
Porter, Phillip - pg. 539—540
Quinn, Patrick - pg. 52—56
Robinson, Simeon - pg. 320—329
Rudick, Soloman - pg. 464 - 470
Sheldon, Ichabod - pg. 163—164
Sturgis, Jedediah - pg. 188—196
Soper, Henry E. - pg. 267—292
Sampson, Joseph - pg. 497—502
Spencer, William - pg. 524—529
Tolan, Jeremiah - pg. 46—51
Tricky, heirs of Bryant Tricky - pg. 512—523
Vanwy, Enoch - pg. 88—105
Whitten, Job - heirs & land pg. 70—76
White, Moses A. - pg. 454—457 also 479—496
Yoder, Moses - pg. 127—132
Zimmerman, Rebecca -minor - pg. 223—224

Re: Complete Probate Record book 2

Posted: 28 Jan 2012 7:29PM GMT
Classification: Lookup
Surnames: SPENCER
Hi-
Is there any chance you could let me know what it says about Wm. Spencer? It would save me a 2,400 mile drive. Thanks!

Re: Complete Probate Record book 2

Posted: 29 Jan 2012 2:31AM GMT
Classification: Query
I would love to have you come visit but that is a bit of a drive. Yes, I will take some pictures of it and see if they will show up on here. If not I will transcribe it. I will do it when I get to work at the Library on Monday.

Sheila

Re: Complete Probate Record book 2

Posted: 31 Jan 2012 3:37AM GMT
Classification: Query
Surnames: William Spencer Estate
Complete Probate Book 2 Pg.524

WILLIAM SPENCER
Pleas held at the courthouse in Vernon county of Jennings and State of Indiana on the 10th day of July 1857 at the July term before Hon Jeremiah Bundy Judge of the Court of Common Pleas in said county

Be it remembered that on the 14th day February 1857 to wit: The following petition filled in the Clerks office of the Jennings Court of Common Pleas to wit:

State of Indiana April Term 1857
Jennings County

To the Hon Jeremiah Bundy Judge of the Court of Common Pleas of said county comes petioner Samuel Spencer as Administrator of the Estate of William Spencer late of said county deceased Respectfully represents that the personal property of said decedent which has come to the hands of said administrator was only seventy five dollars sixty six 45/100 of which this administrator neglected to report at the time of becoming administrator that the estate is in debt according to the best information administrator has obtained is between three & four hundred dollars but the estate is involved in a law suit and until that is determined it is impossible to ascertain the amount of its liability That said the decedent departed this life seized and possessed of the following real estate in said county to wit: The east half of the northeast quarter of section 22 township 6 north of range seven containing eighty acres. That the decedent owned said land in fee. That the same is improved and is probably worth one thousand dollars That said William Spencer has the following children & heirs now living Melissa Ann Daily wife of Sylvester Daily aged about 19 years Jackson Spencer aged about 17 years John Spencer aged about 15 Samuel Spencer aged about 14 Lewis Spencer aged about 10 Sarah Ellen Spencer aged about 6 That in the opinion of your petitioner it is absolutely necessary to sell said Land to pay said debts that the value and character of the same will not admit of such delay as would enable the administrator to rescue said land by leasing said lands wherefore said petitioner Prays that your Honor may ? and direct him to make sale of said lands for the purpose afore said and further I your petitioner would represent that he believes he could sell to better advantage at private sale and therefore your petitioner prays that the same may be so ordered ?

State of Indiana Samuel Spencer
Jennings County

Personally appeared before me the ? ? Samuel Spencer and being duly sworn upon his oath says that the matters in the foregoing report are true in substance and matter of fact as he is informed or verily believes and further says not Samuel Spencer subscribed and sworn to administer estate here before the Clerk this 14thFeb 1857 Ben F Lewis Clerk and afterwards to wit: on the 11th day of April 1857 the following proceedings were had to wit: comes said administrator and presents himself and suggests to the court that the defendants are minors and the court appoints William B Haggins their guardian ad litum who files his answer herein to wit: William B Haggins guardian ad litum for the infant defendants above for answering each and every allegation in complaint and says he is advised of no other defense for them William B Haggins guardian and the said administrator makes proof of public action herein to wit:

The State of Indiana Jennings County Common Pleas Court of said County April Term 1857 personally appears in said court Allen Conner editor of a public weekly newspaper of general circulation printed and published in the town of Vernon in the county aforesaid who being duly sworn upon his oath that the notice of which is attached is a true copy of the notice that was duly published in said paper for three weeks successively the first of which publication was on the 19th day of February 1857 and the last on the 7th day of March 1857 Subscribed and sworn Allen Conner
Subscribed and sworn in open court this 11th day of April 1857 Ben F Lewis Clerk
And now the court orders that said administrator have the estate appraised and the court appointed Spruce M Gibbs & George W Biggs
The appraisers return the order and appraisement to wit: Personally appeared in open court Spruce M Gibbs and George W Briggs who have been by the court appointed to appraise the east half of the north east quarter of section 22 town six north of range seven and affix the just and true valuation thereof do solemnly swear that they will well and truly discharge their duties as such appraisers and further say not
Spruce M Gibbs
George W Biggs
Subscribed and sworn in open court April 11, 1857 Ben F Lewis Clerk
The undersigned having been duly sworn according to said do estimate and appraise the land above described in the forgoing affidavit to be worth the sum of Eight Hundred Dollars
George W Biggs
Spruce M Gibbs
And the court ordered that the administrator file and additional bond of sixteen hundred dollars and said administrator files additional bond to wit

Know all men by these presents that we Samuel Spencer and George W Biggs are bonded under the State of Indiana in the penal sum of sixteen hundred dollars to pay which we jointly and severally bind our selves our heirs executors and administrators sealed and dated this 11th day of April 1857
The condition of the above obligation is that as the above bound Samuel Spencer as administrator of the estate of William Spencer deceased has been ordered by the Court of Common Pleas of Jennings County to sell Real Estate of the decedent Now if the said Samuel Spencer will faithfully discharge the duties of his trust according to law then the above obligation is to be void else so remaining in full force in law
Samuel Spencer (his mark)
George W Biggs (his mark)
Approved by me this 11th day of April 1857
Ben F Lewis
C.C.C.P of Jennings County
And the court after examining and approving the same orders that said administrator proceed to sell said real estate at private sale after giving due notice according to law by publication four weeks thereof in the Vernon Weekly Banner that he sell for not less than the appraised value thereof and that he receives one half of the purchase money in hand and the remainder in three equal installments of six twelve eighteen months and that he take mortgage on the premises to secure the purchase money not paid and that he report said sale to this court for confirmation and afterwards to wit on the 10th day of July 1857 comes the said administrator the following report of the sale of real estate of said decedent to wit Samuel Spencer administrator of William Spencer deceased now makes to the court the following report That at the last Term of this court he was authorized to sell at private sale the following lands of said decedent the East half of the North E ¼ of Sec 22 T 6 R 7 East appraised to be worth the sum of $800. That after having given due and legal notice he sold said land on the 3rd day of July 1857 to George Benjamin for one thousand and ninety dollars as follows $750 the residue in six twelve and eighteen months with interest and without relief from valuation or appraisement which he prays the court may confirm and order a deed to be made and mortgage given.
Samuel Spencer
Subscribed and sworn to in open court this July 10 1857 Ben F Lewis Clerk
And the court ordered the said administrator to convey said land to said purchaser by good deed of convey once thereto and now comes said administrator and reports the following deed to wit:
This indenture made this tenth day of July A.D. 1857 between Samuel Spencer the administrator of the Estate of William Spencer deceased on the one part and George Benjamin witnesseth that is heretofore to wit on the 14th day of Febrary 1857 the said Spencer filed in the clerks office of the common pleas in and for the county of Jennings and State of Indiana This petition making Malissa Spencer Jackson Spencer John Spencer Samuel Lewis and Sarah Ellen Spencer the only heirs and Children of William Spencer the defendants
Thereto to sell certain real estate therein described as the East half of the North East quarter of section twenty two (22) Township 6 North of Range 7 East containing eighty acres that are and legal advertisement the pendency of said suit was made by publication and at the April Term of said court for the year aforesaid application was heard and such proceedings were had that administrator was ordered and directed to sell said land to pay the debts of said Estate for not less than the sum of Eight hundred dollars the appraised value thereof as were shown by the appraisement of two competent uninterested appraisers appointed by said court said order further provided that said lands should be disposed of at private sale after giving the proper notice for one half of the purchase money in half and the residue in equal installments of six twelve and eighteen months taking note that afterwards at the July Term of said said administrator Samuel Spencer made his report that pursuant to the said order he had advertised said sale of said land as provided by law and had of the 3rd day of July 1857 sold said land at private sale for the sum of one thousand and ninety dollars of which sum seven hundred and fifty was paid in hand by the said George Benjamin the purchase thereof and his note given as above for the remainder that said court at said July term after inspecting said report of sale in all things convinced and satisfied the same and ordered this conveyance be made now theretofore by virtue of said order and by virtue of the premises herein and to all the right title and interest in said land owned and premised by the said decedent William Spencer in his lifetime and at the time of his death in Testimony hereof I hereby set my hand and seal this 11th day of July 1857 as such administrator
State of Indiana
Jennings County Samuel Spencer {Seal}

Personally appears in open court Samuel Spencer the administrator who examined the foregoing deed and acknowledged the execution there of as administrator given under my hand and seal of the Common Pleas this 10th day of July 1857 Ben F Lewis Clerk

And reports also the following mortgage to wit
George Benjamin and Mary his wife Mortgage and warrant to Samuel Spencer as the administrator of the Estate of William Spencer the following Real Estate in Jennings County Indiana to wit The East Half of the North East Quarter of section 22 T 6 R 7 containing 80 acres to secure the payment of the following note to wit two notes of one hundred and thirty three dollars each payable one in six the other in twelve months from the twelfth day of March 1857 and one note for one hundred and thirty five dollars payable in eighteen months from said twelfth day of March 1857 now if said notes are paid at their maturity this mortgage is to be void else to remain in force Given under my hand and seal this 10th July 1857

George Benjamin {seal}
Maryann Benjamin {seal}
State of Indiana Jennings County
Personally appeared in open court George Benjamin and Mary Benjamin his wife and acknowledges the foregoing Mortgages
Given under my hand and seal this 10th day of July 1857
Ben F Lewis Clerk
Which deed and mortgage are approved by the Court

Re: Complete Probate Record book 2

Posted: 31 Jan 2012 7:54AM GMT
Classification: Query
Surnames: SPENCER
Oh my goodness - you are wonderful. I'm sure your fingers are fairly worn out! Thank-you so much for looking this up, copying it and then typing it all out for me. It must have taken the better part of your day. I am really looking forward to working with this material.

If I ever get to Jennings County, lunch is on me!
Thanks from Washington State

Re: Complete Probate Record book 2

Posted: 31 Jan 2012 11:57AM GMT
Classification: Query
Surnames: Spencer
No problem, it was a long and rather convoluted one. Keep in mind no puncuation and spelling is as it is in the original unless I made a typo. It is hard to spell check when the spelling back then was often not what it is today. I would love to have a little chat with some of those county clerks from back in the 1800's :)

Sheila

Re: Complete Probate Record book 2

Posted: 1 Feb 2012 9:41PM GMT
Classification: Query
Surnames: Lockwood, Foster
I would be interested in the entry for "Lockwood, John Harvy, minor - 119—121".
Thanks very much.

Rob Beldon

Re: Complete Probate Record book 2

Posted: 3 Feb 2012 3:25AM GMT
Classification: Query
Edited: 4 Feb 2012 12:33AM GMT
Rob, here it is, the spacing came out badly when I pasted it on here but you get the idea. If you want a better copy let me have your e mail address and I will try to get you a better copy.

Sheila


Pleas held and determined at the Court House in Vernon in Jennings County and State of Indiana on the 10th day of October it being the ninth Judicial day of the October term of the said court of Common Pleas of said county in the year of Our Lord One Thousand Eight Hundred and Fifty Five before the Honorable Ezra F Paybody judge of said court in and for said county.

Estate of John Harvey Lockwood minor
vs. Guardianship Settlement
Chancey L Cowell his guardian

Be it remembered that heretofore to wit on the Fifteenth day of February at the February term of the Jennings Probate Court in the year of Our Lord One Thousand Eight Hundred and Fifty One now on this day comes into open Court said John H Lockwood infant heir of James Lockwood decd and he being over fourteen and requesting that Chancey L Cowell be appointed guardian of the person and estate of said John H Lockwood and said Chancey L Cowell now files his bond as such guardian in the penal sum of two hundred dollars with James B Curtis his Security, which Bond is by the court approved and Letters of guardianship issued which Bond and Letters read as follows to wit Know all men by these presents that we Chancey L Cowell and James B Curtis all inhabitants of the State of Indiana are held and firmly bound unto the state of Indiana in the penal sum of two hundred dollars for the payment of which well and truly be made we bind ourselves, our heirs, executors and administrators, jointly and severely firmly by these presents sealed with our Seals and dated this 15th day of February A.D. 1851
Whereas the above named and bounden Chancey L Cowell has been duly appointed by the probate court of the County of Jennings state aforesaid of the person and Estate of John H Lockwood infant heir of James Lockwood deceased, and Letters of guardianship have been duly granted to him by said Court. Now therefore the condition of the obligation is to the effect following to wit; That the said Chancy L Cowell shall faithfully perform the duties of his said trust as such guardian: Then and in that case said obligation shall cease and be null and void, otherwise to be and remain in full force and virtue in law.
Approved by the Court } Chancey L Cowell
Attest; James M Hill Clerk} J. B. Curtis
By James M Hill Deputy}

I James M Hill Clerk of the Probate Court within and for the County of Jennings State of Indiana do hereby certify that Chancey L Cowell is duly appointed by the Probate Court of said County guardian of the person and Estate of John H Lockwood infant heir of James Lockwood deceased, and the said Chancey L Cowell having duly qualified and given bond as such guardian is duly authorized to take upon himself the performance of the duties of the trusts of such guardianship according to law. Witness my hand and the Seal of said Court this 15th day of February in the year of Our Lord one thousand Eight Hundred and fifty one. James M Hill Clerk

And afterwards to wit, on the seventh day of January at the Jennings Court of Common Pleas in the year of Our Lord One Thousand Eight Hundred and Fifty Three comes said guardian and files an Inventory and Statement of said ward as follows to wit C L Cowell guardian of John Harvey Lockwood
Nov. 20th, 1851 to 1 months work Eight dollars 83 cents $8.83
Dec. 1st, 1852 Cash for Rent ten Dollars 10.00
Jan. 5th, 1853 Cash from J. B. Curtis of James Lockwood dec.
Thirty Three dollars and 93 cents 34.93
$53.76
Feb. 5th, 1851 Cr. One day taking out letters $1.50
Feb, 1st, 1851 “ One day getting boy in business $1.50
Jan. 1853 “ One day at Court $1.50
Balance due heir $49.26

The value of Real Estate is Eighty dollars
The rent of said land is Ten dollars
State of Indiana
Jennings County Chancey L Cowell being duly sworn on his oath says that the within account and charge are correct, and a full statement of the Estate of said ward in his hand to the best of his knowledge and belief.
Chancey L Cowell
Subscribed and sworn before me the 7th day of January 1853 James M Hill Clerk
All of which has been examined and approved by the Court

And afterwards to wit, on the tenth day of October at the October term of said Court in the year of Our Lord One Thousand Eight Hundred and Fifty Five now comes said guardian and for final settlement presents to the Court his report and vouchers as follows to wit
interest
To amount due on settlement Jan. term 1853 49.26 8.12 57.38
Apr 9, 53 cash rec of Hill Clerk 8.18 1.20 9.38
Jul 25, 53 “ “ for rent 10.00 1.26 11.26
Aug 15, 53 “ “ “ “ 5.00 .66 5.66
Jul 12, 54 “ “ “ “ 10.00 .74 10.74
Jul 24, 54 “ “ “ “ 4.00 .28 4.28
Aug 16, 54 “ “ for land sale 26.00 1.75 27.75
Oct 26, 54 “ “ “ “ “ 20.90 1.20 22.10
Sept 3, 55 “ “ “ “ “ 48.05 3.51 51.56
200.11

Guardian credit
Voucher no. 1 James Hill rect. 3.62 .54 4.16
“ “ 2 H. M. Cowell 5.50 .36 5.86
“ “ 3 Tax rect. .61 8 .69
“ “ 4 Wm B Hains .25
“ “ 5 Tax rect. .50 4 .54
“ “ 6 James M Hill 5.88 .34 6.22
“ “ 7 L. Branham 4.85 .12 4.89
“ “ 8 Newman & Co. 1.00
One note on Jos. Cowell 9.90 .62 10.52
“ note on Williamson & Jos. Cowell 50.00 .25 50.25
“ note on J. B. Curtis 105.00 1.85 106.85
Aug. 9, 53 one day at Court 1.50
Jul. 9, 54 one day at Court getting permit to sell land 1.50
Oct. 54 one day on land 1.50
To J. B. Curtis making settlement report of same & justice fees 2.90
200.11

Balance in favor of John H. Lockwood the heir in notes $168.62
I Chancey L Cowell guardian of John H. Lockwood submit the above exhibit as my final settlement to the Court of Common Pleas and ask the Court to discharge me as guardian Oct. 4, 1855
Chancey L. Cowell guardian
Sworn to and subscribed before me this 4th day of October 1855
John M. Brown J. P.
All of which report and vouchers have been by the court examined approved and ordered on file and said guardian is discharged from any further duties as such.

Re: Complete Probate Record book 2

Posted: 3 Feb 2012 8:35PM GMT
Classification: Query
Thank you for your effort, Sheila. I noticed an error in the text about half way through. It refers to "C L Lockwood guardian of John H Lockwood". I believe it should be "C L Cowell guardian".
Perhaps this happened in the cut & paste process. All else appears OK. You can send a copy to me at rbeldon at sbcglobal.net.

Rob Beldon

Re: Complete Probate Record book 2

Posted: 4 Feb 2012 12:36AM GMT
Classification: Query
Rob

I corrected it on the one I put on here, it looked pretty bad in this message box but came out pretty much like my typed original, it was not a copy and paste problem it was a person cross eyed from typing (operator error).

Sorry
Sheila
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