HOT SPRING COUNTY
PROBATE BOOK A
1839-1852
Page 1
John R. Conway vs. Samuel P. Carson
Motion for allowance for medical bill
This day the plaintiff appeared in person and exhibited his
bill to the Court and upon hearing his evidence, it appears to the Court that
the plaintiff has sufficiently proven his said demand for the sum of three
hundred and twenty dollars with a credit on the bill acknowledged by the
Plaintiff of eighty dollars.
Ordered by the Court that court adjourn till court in
course.
Page 2
October Term A. D. 1839
At a court to be holden on the first Monday of Oct 7,
1839, Court met pursuant to adjournment.
Present Isaac Denton & S. S. Lacy, two Justice of Peace, appointed
to hold Probate Court in and for the County of Hot Spring, also A. N. Sabin,
Judge.
Ordered by the Court that sum of twenty-nine dollars
fifty cents be allowed out of the estate of James Polk, deceased, to G.
Whittington for a note of Book Account and C. Polk, administrator of said
estate is ordered to pay the same.
Tuesday, October 8, 1839
Court met pursuant to adjournment, present the same as
yesterday.
By motion by Martin Ward vs. Sally Payton, administratrix
of the estate of John Payton, deceased, on Promissary note $6.31
Ordered by the Court that the said six dollars 31/100 be
allowed to the said Martin Ward out of the estate of John Payton, deceased.
Page 3
Martin Ward vs. Lavena Hudleston, administratrix of the
estate of Wm. Lewis, deceased, motion for an allowance on Book Account to the
amount of fourteen dollars and seventy-five cents.
Ordered by the Court that Martin Ward be allowed $14.75
out of the estate of Wm Lewis, deceased.
Samuel W. Reyburn vs. Sally Payton, administratix of the
estate of John Payton, deceased, motion for notice to be issued.
Ordered by the Court that notice be issued to Sally
Payton, administratrix of the estate of John Payton, deceased, that she pay
over out of the estate aforesaid unto Samuel W. Reyburn the sum of four
dollars, eighty-seven and a half cents immediately.
Ordered by the Court that court adjourn till tomorrow
morning 10 o’clock.
Page 4
October Term 1839
Samuel W. Reyburn vs. Betsy Williams, administratrix of
the estate of John Williams, dec’d, motion for notice to issue
Ordered by the Court that notice be issued to Betsy
Williams, administratrix of the estate of John Williams, deceased, to pay to
Sam’l W. Reyburn, the sum of seven dollars out of the estate aforesaid
immediately.
Wm L Scarborough vs. Sally Peyton, administratrix of the
estate of J. Peyton, deceased, motion for allowance
Ordered by the Court that the sum of five dollars &
seventy-five cents be allowed W. L. Scarborough out the estate of John Peyton,
deceased.
Wm e. Woodruff vs. the Estate of Jesse Scarborough,
deceased, motion for allowance for printing notices $3.00 by the Court ordered
the same be allowed out of the estate of Jesse Scarborough, deceased.
Page 5
October Term of Probate Court 1839
Joseph Clift Vs. the Estate of Wm. Lewis, deceased,
motion for allowance on proven account.
Ordered by the Court that the sum of ten dollars be allowed to Joseph
Clift out of the estate of Wm. Lewis, deceased.
L. Gibson & Co. vs. the Estate of Wm. Lewis,
deceased, motion for allowance for proven account. Ordered by the Court that the sum of two hundred and fifty
dollars and ninety-nine cents be allowed to L. Gibson & Co. out of the
estate of Wm Lewis, deceased.
Wm. E. Woodruff vs. the Estate of Samuel P. Carson,
deceased, motion for allowance on account.
Ordered by the Court that the sum of ten dollars and fifty cents be
allowed to Wm. E. Woodruff out of the estate of Samuel P. Carson, deceased.
Ordered that court adjourn until nine o’clock tomorrow.
Page 6
Probate Court October Term 1839
Thursday morning court met pursuant to adjournment,
present the same as before. October 10th,
1839
John McClain vs. the Estate of Jesse Scarborough, deceased,
motion for allowance
Ordered by the Court that the sum of Twenty-five dollars
and twenty-six cents principle and four dollars and seventy-four cents interest
be allowed out of the estate of Jesse Scarborough, deceased.
On Motion ordered by the Court that the clerk issue
petition to notify William Davis and William Kelly, as Securities for Ancel
McKinney, administrator of the estate of Even Jackson, deceased, that they come
forward at the next term of this Court and show cause why judgment & execution
shall not be entered against them for certain amounts of monies in consequence
of the **** administration of the said Ansel McKinney.
Ordered by the Court that court adjourn till court in
course.
Page 7
Probate Court
January 1840
R. T. Hightower vs. the Estate of David Jackson,
deceased, motion for allowance.
Ordered by the Court that R. T. Hightower, be and the
same, is hereby allowed seventy-five dollars out of the estate of David
Jackson, deceased, to be expended ***olving the heirs of the said David Jackson
& James Jackson, the administrator, is required to pay the sum by the first
day of March 1840.
S. S. Lacy, Judge
Tuesday January 7th, 1840
Court met Pursuant to adjournment, present Isaac Miller
& O. P. Wright, Esq., & S. S. Lacy, Judge.
Alcey McKinney vs. Robt McConnell, administrator of the
estate of Wm. McKinney, motion for a new administrator
Whereas, Robt McConnel came before the Court this day
& offered his resignation as administrator of the above estate & the
Court being satisfied that no harm would come to said estate on account of his
resignation. He having settled his
accounts with said estate unto this date, it is.
Page 8
On motion it is ordered that his resignation be accepted
& that Aley McKinney be appointed guardian of the children &
administratrix of the estate of William McKinney, deceased. She having given
bond & security for the performance of her duties.
Ordered by the Court that Robert McConnell, be & the
same, is hereby required to deliver to his successor in presentation of a copy
of this order certified by the clerk all the money and personal property &
all the rights and its effects or evidences of debts or papers of the estate of
Wm. McKinney, which may have come to his hands as administrator of said estate.
Robt McConnel vs. Aley McKinney, administratrix of the
estate of Wm. McKinney, motion for allowance.
Ordered by the Court that Robt McConnel, be & the
same, is hereby allowed thirty-one dollars & sixty-six cents of the estate
of Wm. McKinney, deceased, for his services as administrator of said
estate. It appearing to
Page 9
All satisfaction of said court that such a sum is
justifiable.
McLain & Bassett vs. the Estate of John Payton,
deceased, motion for execution to issue
It is ordered by the Court on motion that execution issue
be issued against the estate of John Payton, deceased, for the sum of
ninety-eight dollars & fifty-four cents to satisfy an allowance made by the
Court at the April term in 1838 against this estate.
The Estate of Iven Jackson vs. Wm. Davis & Wm. Kelly,
as securities of Ancel McKinney, in estate of I. Jackson, deceased, motion for
judgment
The parties appeard before Court in the above suit. It appeared of Record that an allowance had
been made by Court to the widow for $150.00 at the April term 1838 but was
never paid by the administrator. The
defendants entered no plea nor made no defense in the above suit to the
satisfaction of the Court. Judgment was
entered against for the amount found these on settlement of said estate. Carried over.
Page 10
Probate Court, January 7, 1840
The estate of I. Jackson, deceased vs. Wm. Davis &
Wm. Kelly, continued,
Judgment for debt of 112.48 with cost of suit. An appeal was asked and allowed on the above
suit.
Sam’l S. Lacy, Judge
April Term 1840
Probate Court-present Parker Phillips & J. Miller,
two Justices & S. S. Lacy, Judge, C. C.
The Estate of John Williams, in ac.
It is ordered by the Court that the sum of $150.00 be
& the same is hereby allowed Betsy Williams, out of the estate of J.
Williams as her dower.
Page 11
April Term 1840 of Probate Court
C. J. Chandervile vs. the Estate of Wm. F. Mandervier,
motion for appointment of executor
Know ye that the last will and testament of Wm. F.
Mandivier of Louisiana, deceased, hath in due from law been exhibited, proved,
& recorded in the office of the clerk of the Court of Probate for Hot
Spring County. A copy of which is
hereunto annexed and in as much as it appears that Cornelius J. Chandevile has
been appointed executor in and by the said last will and testament to execute
the same & to the end that the property of the testator may be preserved
for *** who appears to have a legal right or interest, herein and that the last
will my be executed according to the request of the testator. We do hereby authorize C. J. Chandevile as
such, executor to collect & secure all & singular all goods and
chattels, rights & credits which were of the said Wm L. Mandavier at the time of his death in whosoever hands or
possession the same may be found and to perform & fulfill all such duties
as maybe enjoined upon him by said will, Suffice as heirs may be properly &
the law charge him and in general to do and perform all other acts which now and
or hereafter may be required by law.
Page 12 April Term Probate Court 1840
This day came C. J. Chandevilier, the executor of the
last will and testament of Wm. L. Mandervier and having been duly qualified for
that purpose and subscribe the following affidavit-that he will make a true
& perfect inventory of the estate and faithfully execute the last will
& testament of the testator; pay the debts & legacies as far as the
assets will extend and the law direct render just accounts of his administration
and faithfully perform all & singular the things required by law touching
such executorship ordered by law.
That court adjourn till court in course.
Sam’l S. Lacy, Judge of P. C.
State of Arkansas
County of Hot Spring , to wit
Proceeding had in the Court of Probate in and for the
County
Special Term of Probate Court
November 9, 1840
State of Arkansas
County of Hot Spring
To wit
Proceeding had in the Court of Probate in and for the County
of Hot Spring in the State of Arkansas before the Hon. Samuel S. Lacy, Judge,
at the courthouse in the town of Hot Springs on the ninth of day of November A.
D. 1840 at the special term of said Court begun and holden on the second Monday
in November, in the year last aforesaid.
And now this day came into Court here before the Judge
here of name in open court judicially settings, John B. House and Mary E.
House, his wife, to the Judge hereof personally well-known, to be the identical
persons whose names appear upon and on subscribed to the certain deed of
conveyance as the Parties grantor and makes thereof and now in court here
exhibited and shown made and entered into the ninth day of November A. D. 1840
for a certain tract or parcel of land therein mentioned and described
containing two hundred and thirty-two and one fourth acres, more or less, lying
and being in Bellview Township, Washington County, Missouri to Samuel Wallace
Rayburn,….to be for the consideration of three hundred dollars and severally
stated, acknowledged, and declared that they and each of them had voluntarily
executed said Deed of conveyance for the consideration uses and purposes
therein mentioned and set fourth and the real estate and premises therein
mentioned, described, and conveyed or intended so to be, to be the right and
estate of the said Samuel Wallace Rayburn, his heirs, and assigns forever and
the said Mary E. House, being thereupon examined in open court, separately and
apart from her said husband, and made acquainted with the activity of said
Deed, to her read over and explained, declared that she executed the same
voluntarily and of her own free will and accord, without the fear, threats,
compulsions, or undue influence of her husband and further acknowledged and
declared that she had fully, freely, and absolutely relinquished and released,
for the consideration uses and purposes, aforesaid as well all and singular,
her rights, tithe interest estate and claims of inheritance and her ….as of
Dower, in or to the aforesaid real estate and premises and every part and
parcel thereof to the said Samuel Wallace Rayburn, his heirs, and assigns
forever.
Page 15
I, Ira A. Sabin, Clerk of the Circuit Court and En
Officia Clerk of Court of Probate, within and for the County of Hot Spring, do
hereby certify the annexed and foregoing, to be a true full and complete
transcription of the record and proceedings, had before the said county court
in the matter therein set forth, in testimony where of I have hereunto set my hand as Clerk and
affixed the Seal of said Court, at office in Hot Spring, this 9th
day of November A. D. 1840 and the State the 5th year.
Ira A. Sabin, Clerk of Circuit Court and En Officia Clerk
of the Court of Probate
Arkansas
Hot Spring
To wit
I, Samuel S. Lacy, presiding Judge of the County Court,
and en officia Judge of the Court of
Probate, within and for the County of Hot Spring in the State of Arkansas, do
hereby certify that Ira A. Sabin, whose name is subscribed to the above and
foregoing certificate of Record was at the date of said certificate and before
then and is now, Clerk of the Circuit Court and en officia Clerk of the Court
of Probate within and for the said County and that full faith and credit is due
to all his official acts, witness my hand and seal at Hot
Page 16
Spring, the ninth day of November A. D. 1840
Samuel S. Lacy, Judge of C. C. (Seal)
For Hot Spring County
The Honorable Probate Court for Hot Spring County met
this 5th January 1841 at the Court house at Hot Springs, the
Honorable Sam’l S. Lacy, Judge on motion of George C. Miller, admin. of all and
singular the goods, chattels, lands, and tenements of Henry Miller, deceased.
The said motion being accompanied by a petition and
affidavit of said George C. Miller. It
is ordered that Turner Carson, John B. House, and Parker Phillips, be and they
are hereby appointed commission to divide all of the slaves of the said Henry,
dec’d, their equal fraction of all the slaves that belonged to the said Henry,
at the time of his death and also all which may been borne since his death;
with the exception of sundry slaves ….by said George C. Miller, to Thos. Thorn,
Andrew Fenter, Sam’l W. Reyburn, & Turner Carson and report their
proceedings to the next term of this Court.
Page 17
On Motion of George C. Miller, administrator, of all and
singular the goods, chattels, lands, and tenements of Henry Miller, dec’d. Said motion being accomplished by a ….
Affidavit of said George which is herewith filed in the Court, It is by the
Court ordered that following sales of same of the Slaves of Henry Miller,
dec’d, made by the said George C. Miller, to wit—a Negro woman Precellar &
her child, an infant to Andrew Fenter for the price of Ten Hundred & fifty
dollars, Also to Thomas Thorn, Moses, Benjamin, Henry, Lorenzo, Hal, Simeon,
Abraham, Dangerfield, Harvey & Levi for sum of Ten thousand three hundred
dollars; also, to Sam’l W. Reyburn, Baswell & Betsy together with her two
children, Mary & Luke for the sum of Two thousand dollars; also Harry,
Negro man to James Carson for the sum of eight hundred and fifty dollars be and
the same is hereby, approved & confirmed by the Court. Said Sales having been made by George under
a mistaken view of his ability to do so, that the same having been made in good
faith, and it appearing to the satisfaction of the Court that said sales have
rebounded to the benefit of the heirs of said Henry, dec’d, the same is as
fully approved by Court, as if the same had been done by special order of the
Court.
Page 18
A petition by John B. House having been presented to
Court praying the appointment of G. C. Miller & others guardians of the
infant heirs of Henry Miller, dec’d, and said persons to proposed not appearing
to appointment and it appearing to the Court that said heirs are entitled to a large
amount of real & personal estate from the estate of their deceased father,
Henry Miller, and they having no guardians, all of their estates requiring
management & attention for the interest & benefit said heirs. It is ordered by this Court, that George C.
Miller be and he is hereby appointed a Curator to take charge of the estate of
Robert G. Miller & James Miller, infant heirs of Henry Miller, dec’d, and
that Sam’l Miller be appointed Curator to take charge of the estate of William
Miller, infant heir of Henry Miller, dec’d and that T. J. W. Gibson be
appointed as Curator to take charge of the estate of Henry Miller, infant heir
of Henry Miller, dec’d. Said curators
are to take possession of the estate, real & personal belonging to the
infant heirs whose estate to whom is the care and management of and the land if
can rent-out and the slaves hire-out as ….. as practable until the first day of
January 1842, to the highest bidder taking lands with goods & sufficed
security for the hire order for furnishing necessary foods & clothing. Said Henry of the slaves to be of T. J. W.
Gibson
Page 19
Maslicatau Crossing on the
Military Road after having advertised said hiring for ten days by publish
advertisements put up at five different places in the County and that they
report the ….of their proceedings to the next term of this Court. Said curators shall before they receive any
measurable property belonging to the respective heir or heirs to whose estate
they are appointed curator enter into hand with sufficient security in do able
the amt of said property to the administrator & to be by him approved
conditioned to have said movable property together with the heir and increase
the same forthcoming and ready for any further distribution of the court, after
the hire as aforesaid may have entered.
T. J. W. Gibson having filed his affidavit that he does
believe that Negro man named Harvey belonging to the estate of Henry Miller,
dec’d, that has not been accounted for was the property of the said Miller,
dec’d, by his administrator. It is
therefore, ordered by the Court, that George C. Miller, administrator of the
estate of Henry Miller, dec’d, be summoned to be and appear at the next regular
probate court to be holden at Hot Spring in Hot Spring County to be holden on
the first Monday in April 1841 to show cause if any he can why said Negro man,
Page 20
Harvey has been accounted for as the property of Henry
Miller, dec’d, in the proceedings of his administration.
Now on this day came in to Court, Cumberland Polk,
administrator of the estate of James Polk, dec’d, and presented his account of
the settlement or administration to the present time of said estate.
Whereupon, it is ordered by the Court here that the account
of said administrator be filed for further consideration at our next term of
said Court and that the clerk give such notice as the law directs to all
persons interested in the settlement of said estate.
Now on this day came, Ira A. Sabin, in to Court and made
application for letters of administration on the estate of Martin Gardener,
deceased, and the Court having considered of this matter, order that
letters of administration be and they
are hereby granted to the said, I. A. Sabin on said estate.
Sam’l Miller vs. Estate of John Smith, motion for
allowance
Ordered that the sum of Twenty-five dollars
Page 21
Be and the same is allowed to Doe Sam’l Miller against
the Estate of John Smith, deceased.
A. B. Blakely vs. administrator of John Smith, dec’d,
motion for allowance
Ordered that the sum of Forty dollars be and the same is
hereby allowed to A. B. Blakely against the estate of John Smith, deceased.
P. S. Physick vs. John Smith, dec’d, motion for allowance
Ordered by the Court that the sum of Sixty-three dollars
be and the same is hereby allowed to P. S. Physick against the estate of John
Smith, deceased.
N. I. Johnson vs. John Smith, dec’d, motion for allowance
It is ordered by the Court that the sum of Two dollars and
thirty-one cents be and the same is hereby allowed against the estate of John
Smith, deceased to N. I. Johnson.
John McLain for the use of A. N. Sabin vs. John
Piercefull, dec’d, motion for allowance.
It is ordered by the Court
Page 22
That the sum of four dollars and eighty-eight cents
principle and three dollars and fifty-one cents interest as appears on a note
of hand, be and the same, is hereby allowed to John McLain for the use of A. N.
Sabin against the estate of John Piercefull, dec’d.
At the request of T. J. W. Gibson and Sam’l Miller, Sam’l
J. Cook is appointed by the Court as counsel on the part of the heirs of Henry
Miller, dec’d, as annices will in the settlement of the estate of said Miller,
dec’d, with the Court appointing guardians for the infant heirs of said Miller,
dec’d.
Found by the Court that court to adjourn till tomorrow 9
o’clock.
Sam’l S. Lacy, Judge of P. C.
At a Court begun and holden at Hot Spring in the County
of Hot Spring & State of Arkansas on the 5th day of April 1841. Present Hon. Sam’l S. Lacy, Judge.
On motion of Moses Ashbrooks, after having entered into
bond, which was approved by the Court, it is said that he be and is hereby
appointed
Page 23
guardian for children and heirs of his first wife,
Samuel, Angeline, William, and Mary Jane Ashbrooks, to do and perform all
things necessary for their protection and preservation of their rights.
Cumberland Polk, administrator of Jas. Polk, dec’d vs.
Estate of Jas. Polk, dec’d, motion for allowance. The account in this being duly filed at our last January term and
due notice having been given of the same and none appearing to object here in
the Court having examined and adjusted the account, it is ordered by the Court
that the same be and is hereby allowed to the amount of three hundred and
thirty-nine dollars and forty-five cents and that his administration account be
credited with the same
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