William Brazzell, administrator of estate of Daniel Burnet; Hamilton County, Ohio; October 16, 1813
"Abstract of Book 1 & Book A, Probate Record 1791 - 1826; Hamilton County, Ohio" by Hamilton County Chapter Ohio Genealogical Society, Cincinnati, Ohio, 1977---
Page 228 - At A special Court of common Pleas October 16, 1813:
Daniel Burnet decd. Admr William Brazzell (Morris Roberts Burnet relinq.) Bond $300. Sec John Campbell & Morris R. Burnet. Apprs: John Bennefield, William Clark, William Cotton.
Charles Stewart decd. Admrs Polly Stewart & John Campbell. Bond $200. Sec William Brazzell & CharlesMcNutt. Apprs: John Bennefield, Joab Comstock, Gideon D. Tripp
(Ed. Note: I have been unsuccessful in obtaining copies of either of these records. Apparently Hamilton Co. Courthouse has had 4 major fires and many papers were destroyed.)
I, Philander V. Hollister of the County and State aforesaid, being weak of body, but of sound disposing mind and memory, have thought to make and ordain this to be my last will and testament.
1st. It is my will and desire that all my just debts be personally and speedily paid.
2nd. I will and bequeath unto my wife Priscilea Hollister to be at her disposal, during her natural life or widowhood, all my real and personal estate.
3rd. After the decease of my wife, I give and bequeath unto my son John Hollister, all my real estate, provided that said John Hollister supports my three children, to wit Jane Hollister, Christina Hollister and Mary B Hollister, and also to support, Philander Chambers, if he stays with him, until they become of lawful age.
4th. It is my wish and desire that all my personal property be equally divided between my three above named daughters.
Lastly, I nominate, constitute and appoint Joshua Brazell, Executor of this my Last will and testament. And hereby acknowledge and confirm this to be my last will and testament. P.V. (his mark) Hollister
Signed. Sealed. Published and declared to be the last will and testament of the Testater, having been first read to him, in the presence of us who have in the presence of each other subscribed the same this eighteenth day of February 1848. John Wilson, Cornelius Bogard.
Endorsements- April the 8th, 1848.
I Samuel R. Cavins, Clerk of the Probate Court, in and for the County of Greene in the State of Indiana. do hereby certify that the last will and testament of Philander V. Hollister, was this day brought before me in my office in Bloomfield in said County, and was duly proven by the ? of John Wilson and Cornelius Bogard, the subscribing witnesses therto whose examinations, were reduced to writing and subscribed to in the words and figures following, to wit:
"We do solemnly swear, that we saw Philander V. Hollister sign, seal, publish and declare the within writing purporting to be his last will and testament, that we signed our names thereto as subscribing witnesses in the presence of the said Philander V. Hollister, at his request and in the presence of each other. That the said Philander V. Hollister was of full age to devise his property, and of sound mind and memory, at the time of his making and signing his said last will and testament, and not under coercion or restaint, and that of his own free will and accord he signed said will, that we are of lawful age and in no ? interested in either this seal or personal estate of the deceased. So help us God. John Wilson, Cornelius Bogard
In testimony whereof I hereunto subscribe my name and affix the seal of said court. Bloomfield, April ? 8th day 1848. S.R.Cavins, Clerk
Know all Men by these Presents, That we, Richard Huffman and Abel Street all inhabitants of the State of Indiana, are held and firmly bound unto the State of Indiana, in the penal sum of four hundred dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this 10 day of November, 1851. Whereas the above named and bounden Richard Huffman has been duly appointed by the Clerk of the Probate Court of the county of Greene in the State of Indiana, Administrator of the estate of Daniel Brazell late of said county, deceased, and is about to receive letters of administration as such Administrator which have been duly granted to him by said clerk. Now therefore the condition of the above obligation is to the effect following, to-wit: that the said Richard Huffman shall diligently and faithfully execute the duties and trusts committed to him as such Administrator and that he will obey all orders and decrees of the Probate Court of said county of Greene made pursuant to law touching the administration the estate entrusted to him; then and in that case said obligation shall be null and void, otherwise to remain in full force and virtue in law. Richard (his mark) Huffman, Abel Street
Inventory No. 1, Filed December 5, 1851
December the 3rd 1851 Received of Richard Huffman Administrator of the goods and chattel of Daniel Brazil late of Greene County Deceased, as appraised by George Anderson and Nelson Hattaborough as named in the inventory as witness my hand. Rebecca (her mark) Brazell, George Anderson, Nelson Hattaborough
I do solemnly swear that the within inventory is in all respects just and true and contains a full statemnt of all the property bonds mortgages, notes other securities debts and accounts in favor of the estate of the deceased, which have come to my knowledge and that no moneys, bank bills or other circulating ? have come unto my hands, belonging to the estate of the deceased. Richard (his mark) Huffman Subscribed and sworn to before me December 5, 1851, Test. S.N. Cavins Clerk.
State of Indiana Greene County I do solemnly swear that you will truly correctly and appraise the personal property and estate of Daniel Brazzell late of Greene County Deceased which will be exhibited to you by Richard Huffman, Administrator to the best of your judgement and ability so help you God. George Anderson,Nelson Hattabough.Sworn to and subscribed before me the undersigned justice for said county December the 3rd 1851 Isaac Hattabough Justice of the Peace
December 3, 1851 Inventory and appraisement of the goods and chattels of Daniel Brazell deceased late of Green County, Indiana by Richard Huffman, administrator of said estate with the assistance of George Anderson and Nelson Hattabough, Appraisors. two reputable freeholders of the neighborhood of said decedent selected by said Administrator for that purpose} George Anderson & Nelson Hattabough.
6 hoggs $18.00; 6 hoggs 7.00; 7 hoggs 7.00; 1 cow 7.00; to all the corn 35.00; 1 sorrel mare 8.00; ? 4.00; salt 1.00; half bushel and ? and jub 1.00; 2 baskets, copper pot, pan .60; ? .75; 3 chairs 1.00; bed and bedding 1.00;1 spinning wheel 2.00; lard pann and cover1.25; cupboard ware 1.75; box 25, horse ? 1.25; lether 2.00; wheat in the stalk 5.00; 1 sorrel horse 20.00; 1 scythe & cradle 2.00; 1 cont. cabbage; 5.00 to putting in six acres of wheat 5.00; 1 plow and hoe 1.50 -- 175.00
Guardianship; State of Indiana Greene County, Common Pleas Court, January Term, 1858
I Richard Huffman, Guardian of Louiza Brazell and William Brazell, make to said court the following report. I have not received any property either real or personal of the said Louiza and William. All of which contains a full statement of my said Guardianship Richard (his mark) Huffman, Guardian
Subscribed and sworn to before me November the 2nd 1857, John M Humphreys clerk.
Be it remembered that on the 21st day of August A.D. 1852 Isaac H. Benham filed, in the Clerks office of the Probate Court of Greene County, Indiana, said will to be recorded, in the words and figures following, to wit:
"State of Indiana, Greene County"
I John Benham being weak of body, but of sound disposing mind and memory, have thought proper to make and ordain, this to be my last will and testament.
It is my will and desire that all just debts, that I owe be promptly and speedily paid as circumstances will admit. After that is done, I give and bequeathe ? in the following manner, to wit
1st I will and bequeathe unto my wife Rhoda Benham during her natural life or widowhood, all my real estate and personal property, except such as shall herein after set forth to be at her disposal, for the use and support of herself and any children, as long as they or any of them remain together.
2nd I give and bequeathe to my son William Benham one horse worth forty dollars.
3rd I give and bequeathe to my son Joel D. Benham, one horse worth forty dollars.
4th It is my will and desire, at the decease of my wife, or when she ? to be my widow, that the remaining property both real and personal, be equally divided among my eight children to wit: William, James W.(ed.note: name is hard to read), Joel D., Mary Ann, Mariah, Jane, Priscilla and Malinda or so many of them as may survive that time.
5th I nominate constitute and appoint Isaac H. Benham Executor of this my last will and testament. Hereby acknowledgeing, and confirming this to be my last will and testament.
Signed, sealed, published and declared to be the last will and testament of the testator, having first been read to him in the presence of us, who have in the presence of each other subscribed the same as witnesses, this twenty seventh day of March in the year of our Lord one thousand eight hundred and fifty two. John Benham. Witnesses: William Bogard, William Benham
Endorsements of Said Will
State of Indiana, Green County S.S.
I Samuel R. Cavins Clerk of the Probate Court, in and for the county of Greene in the State of Indiana do hereby certify, that the last will and testament of John Benham deceased, late of said county, was the day brought before me in my office, and was duly proven by the oath of William Bogard, one of the subscribing witnesses thereto whom ? were reduced to writing and subscribed and sworn to in the words and figures following, to wit:
"I do solemnly swear that I saw John Benham sign, seal, publish and declare the ? ? purporting to be his last will and testament that I signed my name thereto as a subscribing witness, ? the presence of the said John Benham, at his request, and in his presence of the other subscribing witness, that the said John Benham was of full age to devise his property and of sound mind and memory, at the time of his making and signing his said last will and testament, and not under coercion or restraint. and that of his own free will and accord he signed ? ? last will and testament. That I am of lawful age and no ? interested in ? the real or personal estate of the deceased, so help me God. William Bogard
In testimony whereof I hereunto subscribe my name and affix the seal of said Court at Bloomfield the twenty first day of August A.D. eighteen hundred and fifty two. S. R. Cavins, Clerk
The last will and testament of Joshua Brazzell of Marion Township, Harrison County State of Missouri.
In the name of God I Joshua Brazzell considering the uncertainty of this mortal life and being of sound mind and memory (Blessed be Almighty God for the same) do make and publish this my last will and testament in manner and form following (that is to say) first I will and bequeath to my four sons (viz Samson Brazzell, Joshua Brazzell, Riley Brazzell and John Brazzell) all my real estate to be equally divided between them all in township and county above mentioned. Most which lands are described as follows that is to say the southwest fractional quarter of Sec No 7 seven in township No. 65 sixty five in range No 28 twenty eight containing 140 one hundred and forty acres and 32/100 thirty hundredth and also my undivided half of the North East Fourth of the Southwest quarter of Sec No 17 of Town No 65 range No 28. I will that my son Samson has the use of my farm or use and management of my farm or message or tenement situated in Marion Township Harrison County and State of Missouri and that the said Samson will take good care of the said minor children (viz) Joshua, Riley and John Brazzell until they become of age or as long as they will live under his control and authority and that the said Samson give them a common schooling. and further the said Samson has it in his power to sell said lands at any time he thinks best by the consent of his brothers. and I will also that the said Samson pay all my just and lawful debts and funeral expenses out of my personal property. after which the residue of my personal property is to be appraised. and I will to William Brazzell or heirs one dollar. to Daniel Brazzell or heirs one dollar and to Sarah Lemar or heirs one dollar after which the remainder of the value of the appraisement is to be equally divided among my seven living children (viz) Rhoda Rily, Elizabeth Brazzell, Unity Lemar, Samson Brazzell, Joshua Brazzell, Riley Brazzell and John Brazzell and the respective shares of the said Rhoda Rily, Elizabeth Brazzell, Unity Lemar is to be paid by the said Samson Brazzell within five years and of the said Joshua, Riley and John Brazzell at the time that they come to be of age. Likewise I make constitute and appoint my said son Samson to be executor and administrator of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto subscribed my name and affixed my seal this the twenty seventh day of July in the year of our Lord one thousand eight hundred and fifty eight. Joshua Brazzell his mark+
The above written instrument was subscribed by the said Joshua Brazzell in our presence and acknowledge by him to each of us and he at the same time published and declared the above instrument so subscribed to be his last will and testament; and we at the testators request and in his presence have signed our names as witnesses hereto and written opposite our names our respective places of residence Wm. W. Quillen Harrison Co, Mo J. J. Allen Harrison Co., Mo J. F. Glen Harrison Co, Mo
Joshua Brazzell, Letters & Bonds; Book B, page 76-77
State of Missouri County of Harrison SS Be it remembered that on this 5th day of May AD 1859 personally appeared before me John H. Phillebaum Judge of the Probate Court within and for said County William W. Quillen, Josiah J Allen the subscribing witnesses to the within will of Joshua Brazzell and being by me first duly sworn depose and say: that the said Joshua Brazzell the testator subscribe the same in their presence and published the said will or instrument of writing as his last will; that he the said testator was at the time of publishing his said will of sound mind and more than twenty one years old; and that they the said deponents attested the said will as witnesses ? by subscribing their names to the same in the presence of same testator William W. Quillen Josiah J Allen
Sworn to & subscribe before me this 5th day of May 1859 In witness where of I have here set my hand and affixed the seal of said court at office in Bethany on the date last aforesaid. John H Phillebaum P.J.
State of Missouri, Harrison County John H Phillbaum, Judge of the Probate Court in and for said county certify that I consider the above proof sufficient to establish said will therefore declare the same duly proven and established according to law. In witness whereof I have hereto set my hand and affixed the seal of office this 5th day of May 1859. John H Phillebaum, Probate Judge.
Est. Joshua Brazzell, Dec.; Letters; Book B, page 76
State of Missouri, County of Harrison; The State of Missouri to all persons to whom these presents shall come, Greeting; Know ye that the last will of Joshua Brazzell deceased, hath in due form of law been exhibited proved and recorded, in the office of the Probate Judge for Harrison County, a copy of which is hereunto annexed and in as much as it appears that Sampson Brazzell has been appointed executor, in and by the said last will, to execute the same and to the end, that the property, of the testator, maybe preserved for those who shall appear to have a legal right or interest therein, and that the said last will maybe executed accoriding to the request of the testator, we do hereby authorize him the said Sampson Brazzell as such executor to collect and secure all and singular, the goods and chattels, rights and credits, which were of the said Joshua Brazzell at eh time of his death in whosesoever possession the same may be found and to perform and fulfil all such duties, as may be enjoined upon him by said will so far as there shall be property and the law charge him and in general to do and perform all other things, which now are, on hereafter may be required of him by law.
In testimony whereof I- T.H. Templeman Judge of the Probate Court- in and for said county of Harrison have hereunto signed my name, and affixed the seal of said court at office this 31st day of March A.D. Eighteen hundred and sixty two. HT Templeman, Probate Judge. Recorded before delivering this 31st day of March A.D. 1862
Joshua Brazzell, Dec.; Bond; Book B; Page 77--- We Sampson Brazzell as principal and John Holister and E. Reedy as securities are held and bound to the State of Missouri in the sum of eight hundred dollars, the payment of which we bind ourselves our heirs, executors and administrators. The condition of the above bond is that of Sampson Brazzell administrator of the estate of Joshua Brazzell deceased, with the will annexed shall faithfully administer said estate according to the provisions of the said will, account for, pay and deliver, all money and property of said estate and perform all things ? said administration required by law or the order or decree of any court having jurisdiction. Then the above bond to be void. Otherwise to remain in full force
Sampson Brazzell, John (his mark) Holister, E. (his mark)Reedy
Approved by me this 31st day of March A.D. 1862; T H Templeman, Probate Judge
Probate; Vol 3, p.288; Greene Co. Indiana
FHC microfilm 1317892
May Term 1861 5th Day
Harvey Lacey & Rebecca Huffman Admr. & Admx of Richard Huffman vs. The Heirs of said decedent Pet. to sell Land 4th day. Comes now said ? ? Cairns and Cairns his attys and files the appraisement of said lands and additional bond in the sum of $1200, with security to the acceptance of the Court. And it appearing to the court that said Malinda Huffman, John H. Huffman, William Quillen, Sarah Jane Quillen, Susan Quillen, Richard Quillen, Jesse Quillan, Frances Quillen, Christena Carpenter, Richard Carpenter, Richard Huffman, Jr. Nancy Huffman, William Huffman, Sally Huffman and Henry Huffman are minors, upon motion E.E. Rose is appointed Guardian ad litem and files his answer for said defendants and it further appearing to the Court that the adult defendants herein towit Rebecca Huffman, Richard Huffman, Susan Rumpley, Mary Ann Bough, William Bough, Nancy Ledgerwood, Jacob Ledgerwood, Priscilla Lamar, Henry Lamar, George Huffman Jane Dixon, Solomon Dixon, Malinda Huffman and John H. Huffman, have been duly served with process herein at least ten days before the first day of the present term of this court, and they being thrice called come not but make default. It is therefore considered that the matters ? said petition be taken as confessed against them. And this cause is now submitted to the Court for final hearing upon the petition ? default and ? proofs and the court being satisfied of the propriety of selling said lands it is therefore ordered that said Admr & Admx. proceed to sell said Real Estate any time before the next term of this court, at public sale of the premises for not less than two thirds of the appraised value thereof giving notice of the time place and terms of said sale by three successive weekly publications in the Greene County Times a newspaper of general circulation published in said County and ? written notices set up at for public places in said County, three of which shall be in the Township in which said lands are situate at least four weeks be the day of sale, taking notes for the payment of the purchase money wavering valuation and appraisement laws and that he export to this court at its next term and this cause is continued.
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