PROBATE RECORDS OF HERRALL BOSWELL
Probate Box Jefferson Co., IL
Photocopies of papers obtained.
NOTE: There should be a will somewhere.
(Oct. 30, 1858) A Bill of Sale of the goods and chattels and personal estate of Harral Boswell, late of the County of Jefferson and State of Illinois in pursuance of notice thereof, a copy of which is hereto attached, sale made on the 30th day of October A. D. 1858. ARTICLES SOLD TO WHOM SOLD VALUE 1 bed stead Samuel Champion 3.50 1 rifle gun Wm. Baker 9.30 1 mans saddle Asbury Bean 2.05 1 kettle Wm. Baker 2.30 2 old ploughs Mathew Kirk .40 1 hogshead I. S. Boswell .80 Sundries J. L. Taylor .80 1 grindstone Ransome Boswell .55 3 chairs J. L. Taylor 1.30 1 chair I. S. Boswell .55 1 drawing knife Asbury Bean .30 1 axe T. L. Cotton .10 1 saw Brooks Boswell .35 1 table & sundries S. McCasland .05 1 molasses pitcher Samuel Champion .75 1 jug Asbury Bean .20 1 pr. Shears Thos. Vance 1.75 1 tub & sundries J. L. Taylor .30 1 pr. Belly? Bands I. S. Boswell .55 1 keg of nails J. L. Taylor 1.05 1 reeler & sundries Asbury Bean .40 1 History of the U. S. Enoch Osborn 3.00 1 book Felix Boswell 1.00 1 book Thos. Vance 1.05 2 books J. W. Hagle .25 1 book Ransome Boswell .80 2 books Felix Boswell .25 7 head of cabbage I. S. Boswell 1.30 1 lot plank I. S. Boswell 2.30 1 accordian Samuel Champion 2.75 1 trunk Brooks Boswell 1.35 2 & harness J. L. Taylor 1.15 1 lot of wool yarn Asbury Bean 5.10 Sundries Newton Hayes .40 2 sacks of wheat J. L. Taylor 5.00 1 lot bed clothing Thos. Vance .40 1 quilt Newton Hayes .55 2 quilts Ditto .95 1 bed tick & quilt Brooks Boswell .20 2 ditto Felix Boswell .25 1 bed & bedding Newton Hayes 9.75 1 waggon Brooks Boswell 31.75 1 bull yearling Felix Boswell 7.00 1 heifer ditto Ditto 9.25 1 cow I. S. W. Harget? 20.25 5 hoggs Alfred Dees 10.00 5 ditto Sampson Reeves 9.90 2 sows & four shoats Wm. Baker 17.00 1 acc't. book Lewis McCasland .55 1 spade Thos. Vance 1.45 1 lot of jewelry Lewis McCasland .35 1 ditto J. L. Taylor .40 1 breast pin James Baker .50 1 ditto I. S. Boswell .50 Shaving utensils Newton Hayes 1.50 1 house to S. S. Mannen 50.00 225.55 The undersigned clerk and crier at the said sale do hereby certify that the foregoing is a true and correct bill of the sale of the goods and chattels of the said Harral Boswell deceased made on the 30th day of October A. D. 1858. Samuel Champion Clerk seal S. S. Mannen Crier seal (Jan. 30, 1860) SUMMONS TO HEIRS STATE OF ILLINOIS Jefferson County ss. TO THE SHERIFF OF SAID COUNTY, GREETING: Whereas, Isaac S. Boswell Administrator of the estate of Herral Boswell deceased, has filed his memorial, suggesting to our honorable County Court in and for said County, that the personal estate of said decedent is insufficient to pay his debts, and praying our said Court to grant an Order for the sale of the Real Estate of said decedent, or so much thereof, as may be sufficient for the payment of the said debts: We therefore command you, that you summon Wm. Boswell, Elizabeth Boswell, Sam'l. Boswell. Lewis C. Boswell, Mary E. Boswell, and Green H. W. Lynch, heirs of said Herral Boswell deceased, to be and appear before our said County, at the February Term, 1960, thereof, to be holden at the Court House in Mt. Vernon on the 3rd Monday in February next, and show cause if any they have, why said Order should not be granted. And have you then and there this writ. Witness, W. Dodds Clerk of our said Court, and the Seal thereof affixed at Mt. Vernon in the County aforesaid, the 30 day of Jan'y. A. D. 1860 W. Dodds Clerk (Feb. 6, 1860) State of Illinois County of Jefferson I, W. Dodds Clk. County Court certify, these the assets and liabilities of the Estate of Herrall Boswell and is a correct statement as appears from the papers on file in my office to-wit, whole am't. sale bill $225.95 whole am't. of claims proven and allowed against said estate $673.13 Excess of liabilities $447.18 Given under my hand and seal 6th Feb'y. A. D. 1860. W. Dodds Clk. (Feb. 1860) February Term Jefferson County Court A. D. 1860 Sitting for Probate Business Isaac S. Boswell Administrator Of the Estate of Harral Boswell Vs William Boswell, Elizabeth Boswell, Samuel Boswell, Lewis C. Boswell, Petition to Sell Real Estate Mary E. Boswell, and Green H. Lynch And now on this day come the minor defendants (to wit) William Boswell, Elizabeth Boswell, Samuel Boswell, Lewis C. Boswell and Mary E. Boswell by William Dodds their "Guardian ad litem" and for answer to petition filed in this cause, say, that they know nothing of the matters and things therein contained, and owing to their tender years they are incapable of protecting their rights in the premises and therefore pray that the Honorable Court may require strict proof of every material allegation therein contained and in all respects protect their interest. William Boswell Elizabeth Boswell Samuel Boswell Lewis C. Boswell Mary E. Boswell By W. Dodds, Guardian ad litem February Term Probate Court Jefferson County, Ills. 1860 Isaac S. Boswell Executor Harral Boswell dec'd. Vs William Boswell, Elizabeth Boswell, Samuel Boswell, Lewis C. Boswell, Petition to Sell Real Estate Mary E. Boswell, children of Harrall Boswell dec'd. & Green H. Lynch Clerk County Court will please issue summons in the above cause & oblige. James T. Casey for Pet. State of Illinois February Term Jefferson County Court Jefferson County } ss. Sitting for Probate purposes A. D. 1860 To the Hon. John R. Satterfield, Presiding Judge of the County Court in and for the County of Jefferson and State of Illinois The petition of Isaac S. Boswell executor of all and singular the goods and chattels rights and credits which were of Harrall Boswell late of said county and state deceased, who died testate would respectfully represent that on or about the 9th day of September A. D. 1859 the said Harral Boswell departed this life testate leaving Lurany Boswell his widow and William Boswell, Elizabeth Boswell, Samuel Boswell, Lewis C. Boswell, Mary E. Boswell, his children and heirs at law. That the said children are all minors under the age of twenty one years and that the said Lorany Boswell widow as aforesaid departed this life intestate in Jeff. Co. Ills. On the day of A. D. 1859. That on the 4th day of October A. D. 1858 Letters Testamentary were issued to your petitioner this Hon. Court which said letters are herewith filed and prayed to be taken as part of this petition. Your petitioner further represents that the personal estate of the said Harral Boswell dec'd. is insufficient to pay his just debts and that so far as the same has come to his knowledge he has applied the whole of said personal estate towards the payment of said indebtedness, and as will appear by the report and certificate of the Clerk of this Court there is still due and owing from the said estate the sum of $447.18. Your petitioner further represents that at the time of the death of the said Harral Boswell, dec'd. he and one Green H. W. Lynch were the owners in equal parts of the SE 1/4 of the SW quarter of the NW quarter of Sec. 22 Township 4S R 2E, 3rd P. M. in Jefferson County Ills. containing ten acres upon which said land is & was situated a saw mill and that the debts of the said partnership have been paid. He therefore prays the aid of the Court in the premises, and that the interest of the said Harrall Boswell in said real estate or so much thereof as may be necessary to pay the debt of the said estate of the said deceased, may be ordered to be sold for that purpose, that the said children and the said Green H. W. Lynch may be made party deft's. and a Guardian ad litem appointed for the said minors and as in duty bound your petitioner will ever pay &c. Isaac S. Boswell Executor H. Boswell, dec'd. By James T. Casey Atty. (Jan. 21, 1861) January Term Jefferson County Court for Probate business 1861 To the Honorable John R. Satterfield, the Judge of the County Court, of the County of Jefferson and State of Illinois The undersigned, the Administrator of the goods and chattels which were of Harrol Boswell deceased, would respectfully ask leave to report that he has on hand, belonging to the aforesaid Estate and subject to distribution, under and by the direction of this Honorable Court the sum of One hundred dollars, and for the distribution of which he asks and order &c January 21st, 1861 I. S. Boswell (his sig.) Administrator Sate of Illinois September Term Jefferson County Jefferson County Court Probate Business A. D. 1861 Isaac S. Boswell Executor of Herrell Boswell deceased the plaintiff in this suit By Tanner Casey his atty. complains of Green H. W. Lynch and John Darnall the defendants in this suit who have been summoned to answer the dec'd. plaintiff of a plea of trespass on the case on premises. For that whereas the said defendants heretofore (to-wit) on the twenty third day of April 1860 at the County of Jefferson and State of Illinois the said Green H. W. Lynch in an abbreviated name & style of "G. H. W. Lynch" and the said John Darnall, made there certain joint and several promissory note in writing bearing date a certain day and year therein mentioned (to wit) the day and year aforesaid and thereby then and there jointly and severally promise to pay twelve months after the date thereof with said plaintiff as Executor as aforesaid, the sum of Four Hundred thirty five Dollars and fifty cents for value received. And then and there deliver the said promissory note to the said plaintiff by means whereof and by force of the statute in such case made and provided the two defendants then and there became liable jointly and severally to pay to the said plaintiff the said sum of money in the said promissory note specified according with terms and effect thereof. And being so liable, they the said defendants in consideration thereof, afterwards (to wit) on the day and year aforesaid, at the court and state aforesaid, undertook and there and then faithfully promised the said plaintiff to pay him the said sum of money in the said promissory note specified according to the terms & effect thereof. But nevertheless the said defendants jointly or severally did not twelve months after the date of the execution of the said promissory note pay to the said plaintiff the said sum of money therein specified, or any part thereof, according to the terms & effect thereof but to pay the same to the said Plaintiff the said defendants jointly & severally have hitherto wholly failed & refused, and still do fail and refuse to do so…to the damage of the said plaintiff as Executor as aforesaid of Four Hundred Dollars & therefore he sues. And the said Plaintiff brings now here into Court the letters testamentary of Herral Boswell dec'd. whereby it fully appears with said Court that the said plaintiff is Executor of the last will & testament of Herral Boswell, dec'd. & hath the execution thereof. Tanner Casey Atty. For Plaintiff (Copy of note sued on. ) April the 23rd of 1860 twelve months after date we or either of us promise to pay I. S. Boswell Executor of Herral Boswell deceased the sum of Four Hundred and thirty five dollars & 50 cts. for value received, given under our hand &c &c. "G. H. W. Lynch" "John Darnall" Credit Dec. 25th 1860 $87.175 June 28th 1861 $16.64 Total $103.815 Am't. of principle & interest due Sept. 17, 1861 $339.85 (Dec. 16, 1861) STATE OF ILLINOIS, JEFFERSON COUNTY ss. This affiant James J. Fitzgerald being first duly sworn on his oath says that he has an allowed and probated? claim against the Estate of Harral Boswell dec'd. for the sum of over One Hundred Dollars, that Isaac S. Boswell is administrator of said estate and that one John Hagle is the security of the said Adm'r. This affiant further states that he is informed and believes that the said John Hagle has left the said County of Jefferson and that the said Boswell is about to leave said County. He therefore prays that the said Boswell may be compelled to giver further security as adm'r. aforesaid. That this affiant fears he will loose his said claim unless further security is given. J. J. Fitzgerrell (his sig.) (Dec. 16, 1861) STATE OF ILLINOIS, JEFFERSON COUNTY ss. The People of the State of Illinois to the Sheriff of said County, GREETING: We command you, that you attach the body of Isaac S. Boswell, Executor of Herrall Boswell, dec'd., if to be found in your County, and him safely keep so that you have him before the County Court of said County for Probate Business on the third day of the next term thereof, Wednesday, December 18, 1861, to be commenced and holden at the Court House in the town of Mt. Vernon on the third Monday in the month of December inst. to answer The People of the State of Illinois, for a contempt of Court in not attending as Administrator in a certain case then pending before said Court at the December term thereof A. D. 1861 wherein The People of the State of Illinois Plaintiffs and you are Defendant, although regularly notified so to do; and hereof make return according to law, and have then and there this writ. Witness W. Dodds Clerk of our said Court and the Judicial Seal Thereof, at Mt.Vernon, this 16th day of December A. D. 1861 DEBITS AGAINST ESTATE (Misc. papers in file) (no date) Harril Boswell Dec. Dr. [debtor] To Felix Boswell on account to the payment of a security debet in favor of James Hicks Administrator of the Estate of Isaac Hicks $58.30 cents And also a doctor bill paid to Dr. Pace and Hodge Riss?? $12.00 To balance on account $ 2.00 $72.30 the above account is just to the best of my reculation. I refer you to the account in the hands of Isaac Boswell Administrator of the estate of Harril Boswell deceased. State of Illinois Jefferson Before me a Justice of the Peace in and for said County personally appeared Felix Boswell creditor of Harril Boswell Dec. who doth depose and say that the above stated account is just and true to the best of his knowledge and belief. Sworn to before me on this 29th day of October 1860 P. J. Candiss J. P. November the 28 1856 One day after date I promise to pay to J. F. Fitzjerrell twenty eight dollars and fifty cts. Bearing ten percent interest for loned money for value received of him. Harral Boswell Promise to pay J. F. Fitzjerrell or order One Hundred and twenty four 25/100 Dollars, Harral Boswell (his sig.) I. S. Boswell (his sig.) Gazaway Elkins Note filed $4.25 Vs. Interest $ .18 3/4 Harold Boswell Serving & docketing .31 1/4 Summons issued to John Darnall Const. 24 May /58 Judgement .25 Summons returned. Served by acknowledgement. f. fa. One .25 coppy .25 1.06 Judgement rendered against said Boswell for four dollars 35 cts. & cost herein the 5 day of June 1858. Const. Cost 40 cts. John Darnall interest from date of judgement Fifa issued the 27 day of Aug. 1858. I hereby certify that this is a true copy of a judgement in favor G. Elkins and against Harald Boswell the 12 day of February 1859 from my docket page 59. Elisha Wilson J. P. Harral Boswell Dr. [debtor] to James Bodine To mare to my horse by the insurance $5.00 Feby. 7, 1859 |
For corrections or additions, please contact me: Sandy Bauer