I have expanded and interpreted abbreviations in this transcription, attempting to make it more readable. Click on the thumbnail image to examine the original document for yourself.
Click in image to see full size scan
Jacket cover for Benjamin Hill's probate packet. The packet date is NOT the date of death. Note the listed administrator is the second administrator assigned after John B Herring (the original administrator) died.
batch 12 ?, box 42
ESTATE OF
Benj. Herring Deceased
21st day of January A.D. 1839
FINAL SETTLEMENT
(blank) day of November A.D. 1843.
Daniel Nolley, Administrator
Click in image to see full size scan
Each section of the probate packet seems to have an explanatory page preceding it. This is the estate settlement presented to the 1840 February court. It appears probate court meets once per month.
John B. Herring's Settlement as Administrator
of Benjamin Herring Deceased
1840 February Court settlement made
attested? signed filed and ? to ?
Received
(signed) J. B. Galbraith?
Recorded in ? Book E page 649?
(signed) J. B. Galbraith?
Click in image to see full size scan
These appear to be court fees related to administering the estate.
John B. Herring administrator of Benjamin Herring Deceased
J B Grant Clerk (two letters might be head of the currency column, indicating
amount of money disbursed)
I'm having great difficulty reading this clerk's handwriting.
The following transcription is mostly guesswork:
1838. |
||
/o (court order?) granting administrator status |
$1.00 |
|
Appointing ? Depy |
".25 |
|
Ewing appraisers and ? ? and copy to inventory |
".25 |
|
| 1839 February court |
Order to hire Slave |
-.10 |
Order to hire privatity? |
-.10 |
|
Order approving Your bond and file |
-.15 |
|
Order approving inventory and file |
-.15 |
|
Order appraisement and file |
-.15 |
|
Order Sale bill and file |
-.15 |
|
|
------ |
Received payment
J B Grant, clerk
Click in image to see full size scan
Receipts upon the estate. This and following scanned images may include more than one receipt per page.
Received of John B Herring Administrator of Benjamin Herring Deceased
Eight dollars in payment for coffin made for deceased August 7th 1839
James McClanahan?
1838 Benjamin Herring
S Shortridge?
Oct 20, Visit and medicine, $2.50
Oct 27, Visit at night, 4.00
ditto, Purgt, .25
ditto, quinine, .50
Oct 28, Visit and ?, 2.25
ditto, Fowlers Sol?, .25
Oct 29, Visit and pills, 2.25
(total) $12.00
Click in image to see full size scan
The 56-1/4 below indicates 56 and one quarter cents.
The first annual settlement of the administrator
on the estate of Benjamin Herring Deceased
at the February Court in 1840
...........$ cts
Sale Bill...37.56-1/4
Oct? 28th Robert Lawsons Note...45.00
Dec 25th Recevied of J. O? Hockady for hire of boy Henry 45.00
(total) 127.56-1/4
Administrator, Credited......$ cts
? Paid James McClanahan for Coffin 8.00
No 2 Paid to S Shortridge act....12.42
No 3 Paid Dyer and Evans.....13.94
(total) $34.36
Clerks fee....2.30
Amount due February term 1840 (total) $36.36
(second total) $90.90
(signed) James S Henderson
(signed) George B Hopkins
(signed) Joseph Friedland
Click in image to see full size scan
Letter of attorney. Images 7 and 6 are reversed here to be in the
correct order; they were probably reversed on the microfilm.
The letter of attorney was probably issued because Benjamin and three
of the four heirs are in Missouri, whereas the fourth heir is in
Virginia. This fourth heir, Sarah, appoints her sister Nancy as
her attorney-in-fact.
Know all men by these presents that we William J Payne
and Sarah Elizabeth his wife, of the County of Fluvanna in
the State of Virginia, do hereby constitute and appoint
Mrs. Nancy Crosthwaite of Callaway County in the
State of Missouri, our true and lawful attorney
for us and in our names, to ask, demand, sue for,
recover, and receive, all monies or other property, that
may be due us, as our interest or legacy in the
Estate of Benjamin Herring deceased late of the
County of Callaway in the State of Missouri aforesaid,
the said Sara Elizabeth being the daughter of the said
Benjamin Herring deceased.
And upon
the payments of said monies, or the delivery of
property as aforesaid, or any part thereof, our said
attorney is hereby authorised and impowered for us
and in our names and behalf, to give acquittancy
and discharges for the same.
And further to do
and execute all and every other lawful act and acts
needful for recovering, obtaining, ande receiving our said
interest or legacy in the estate of the said Benjamin
Herring deceased as fully and effectually to all intents and
purposes as if we were personally present, hereby
ratifying and confirming whatsoever our said attorney
shall lawfully do, or cause to be done in or about?
the premises.
In witness whereof the said William J Payne and Sarah
Elizabeth his wife ?
hereunto set their hands and seals this 27th day
of December 1841.
(signed) William. J. Payne (seal)
(signed) Sarah. E. Payne (seal)
State of Virginia, Fluvanna County, To Wit.
Be it known that on the 27th day of December 1841, before me
John Winn a justice of the Peace in and for the County and
State aforesaid
(continues on next image)
Click in image to see full size scan
Continuation of previous page. Interesting phrasing as 66th year of the Commonwealth.
personally appred William J Payne and Sarah Elizabeth his wife
whose names are subscribed to the foregoing letter of attorney,
and acknowledged the same to be their act and deed. In testimony
whereof I have hereunto set my hand and seal, the day and year
last aforesaid.
(signed) (seal)
State of Virginia Fluvanna County to Wit,
I Abraham Shepherd Jr Clerk of the County
Court aforesaid in the State aforesaid, do hereby Certify that John
Winn whose name appears to the foregoing Certificate, is and was at the
time of giving said Certificate, an acting Justice of the Peace in and
for the said County, and that his said Signature is genuine.
In testimony whereof I have hereunto set my hand and affixed the Seal
of the Said County Court this 28th day of December 1841 and in the
66th? year of the Commonwealth.
(signed) Ahm Shepherd jr C.C.
I hereby Certify that Abraham Shepherd Junior is the Clerk of the County
of Fluvanna, and the foregoing Certificate is in our ? ? ?.
(signed) ?, Chr C. C. F. C. ?
Click in image to see full size scan
This appears to be the outer jacket of the letter of attorney, addressed to Sarah's sister Nancy.
3 and 4.
Mimsville? Va
January 23
(23 cents? written as postage?)
Mrs. Nancy Crosthwaite
Fulton
Calloway [sic] Cty
Missouri
Filed November 28 1843
J B Grant Clerk
Click in image to see full size scan
Report of sale of slave Henry at auction before the court house door. The term "administrator de bonis non" means, in this case, the administrator appointed as a result of the death of John B Herring.
Pursuant to an order of the Callaway County Court direct to me
as administrator De Bonis Non of the Estate of Benjamin Herring
deceased to sell a slave belonging to said estate, a boy named Henry
about fifteen years old. I did on the 21st November 1842 after having
advertised the sale of said boy proceed? to sell him at public sale
before the Court house door in the town of Fulton while the Callaway
County Court was in session and he was struck off to William Nichols
at the sum of four Hundred and fifty two dollars and fifty Cents on
a credit of twelve months said Nichols being the highest and last bidder
Respectfully
(signed) Daniel Nolley
Administrator De Bonis Non of the Estate of Benjamin Herring Deceased
The foregoing is a Correct
account of the Sale of the
Slave Henry mentioned ?going
to the Estate aforesaid
made by Daniel Nolley
Administrator aforesaid
(signed) Alfred? George Griert? Clerk
Sworn and subscribed before me
? 22nd February 1843.
(signed) J B Frank? J. P.
Click in image to see full size scan
This appears to be a table of expenses paid out from the estate.
The following is a List of ? allowed against the Estate
of Benjamin Herring, Estate in the County Court
(I can't make out the meaning of the right-hand columns numbered 1 through
5, so am just showing things line by line.)
At what Court...To whom allowed...upon what...?/1..2..3..4..5
1839 February Court..Dyer and Evans..Note.....$12.88
.... May Court...A. S. Shortridge..Asset?......12.00
1840 February Court..Wm.G. Slaves?..ditto...6??..2.00
.....................M L and L B Dyer..note..ditto..18.49
.....................ditto............asset..........3.00
Click in image to see full size scan
Title page for the estate Bill of Sale
Sale Bill of the Estate of Benjamin Herring Deceased
Filed 21st February? 1839 (signed) J B Grant Clerk
1839 February Court examined and approved and filed
(signed) J B Grant Clerk
Click in image to see full size scan
Bill of Sale for Benjamin Herring's personal property
Sale Bill of the estate of Benjamin
Herring Deceased January 19th 1839
John Coats? ... 1 Flax Hackle? ... paid ... 3.93-3/4?
John Slaughter ... 1 Bell and Collar ... paid .75
John B Herring ... 1 Trunk ... note ... 1.00
Charles Hill ... 1 ? Bridle and ? ... ? X ... 8.00
John B Herring ... 1 for Bed Blankes ... note 3.00
James? Hockaday ... 1 Cover Bid ... paid ... 3.00
Thomas Tatum ... 1 Bed and Bedding ... note ... 16.50
William Stuart? ... 1 Bed Stead ... paid ... 1.37
(total) $37.56-1/4
I Sandford Jameson do certify that the above is a full and
complete list of the sale of the personal property of Benjamin
Herring Deceased made by the administrator on the 19th day of
January 1839
(signed) Sandford Jameson
clerk of sale
Subscribed and sworn to before me this 19th
day of January 1839
(signed) J B Grant Clerk
Click in image to see full size scan
Appraisal cover page
Appraisement list of the estate of Benjamin Herring Deceased
Filed 21st February 1839
(signed) J B Grundeth?
1839 February Court Examined and approved and
ordered to be filed
J B Grundeth?
Click in image to see full size scan
Appraisement
An appraisement list of the property of
the Estate of Benjamin Herring Deceased
1 Negro Boy ... $450.00
1 Trunk ... 2.00
1 Bell and Collar ... 1.00
1 Bed Stead ... 2.50
1 Bed and Bedding ... 14.00
1 Cover Lid ... 4.00
1 Pair Bed Blankets ... 5.00
1 Saddle Bridle and Martingales ... 8.00
1 Flax Hackle? ... 2.50
(total) $489.00
We the undersigned appraisers do Certify
that the above is a full and
complete appraisement of the personal
Estate of Benjamin Herring
Deceased so far as was shown to
us ? under our hands
this 19th day of January 1839
(signed) Henry Larimore?
(signed) Sandford Jameson
(signed) William Nichols
Click in image to see full size scan
Certification that the appraisers are disinterested parties
This day personally appeared before me
Clerk of the County Court of Callaway
County the undersigned when being by
me duly sworn upon their oaths
saith that they are not interested nor ?
of kin to any person interested in the
Estate as heir or devisee of Benjamin
Herring Deceased, and they will to
the best of their ability view and
appraise the slaves and other property
shown to them of said Deceased
(signed) Henry Larimore
(signed) Sandford Jameson
(signed) William Nichols
Subscribed and sworn to before me this 19th day of January 1839
(signed) J B Grant Clerk
Click in image to see full size scan
Inventory
An Inventory of the goods and chattels of
the Estate of Benjamin Herring Deceased
count
one Negro Boy named Henry
one Trunk
one Bell and Collar
one Bed Stead
one Bed and Bedding
one Cover Lid
one Pair Bed Blankets
one Saddle, Bridle, and Martingale
one Flax Hackle?
I John Herring do solemnly swear that the foregoing is a full
inventory and description of all the goods chattels and Estate, real
and personal and of lutts? of the said Benjamin Herring
Deceased so far as I can ascentertain them, and that
I was not indebted to the Deceased or bound in any contract to
said Deceased at the time of his death except as stated in the
above inventory
(signed) John B Herring
Sworn and subscribed to before me this 22nd day of
January 1839
(signed) J ? ? Grant Clerk
Click in image to see full size scan
Cover page for the inventory
Inventory of the Estate of Benjamin Herring Deceased
Filed 22nd January 1839
(signed) J B Grant Clerk
1839 February Court Examined and approved and
ordered to be filed
(signed) J B Grant Clerk
Click in image to see full size scan
Papers
An inventory of the papers belonging to the
Estate of Benjamin Herring Deceased
December 22nd 1838
.......... $ cts
1 Note on Robert Lawson and Ben Hardin $45.00
We the undersigned to testify that this is a
true inventory of the Books and Papers belonging
to the estate of Benjamin Herring Deceased
(signed) James F Overton
(signed) Gibbs Berrey?
Click in image to see full size scan
Cover page for the books and papers
Inventory of the Books and Papers of Benjamin Herring Deceased
Filed 21st? January 1839
(signed) J B Grant Clerk
Click in image to see full size scan
Administration papers. Note that this is a pre-written form with names and bond amount filled in later.
Know all men by these presents that
we John B Herring, William? G Moore and George Tucker
are held and firmly bound to the State
of Missouri in the penal sum of
fifteen hundred Dollars current money the payment of which
will and truly to be made we our selves our heirs
et cetera? jointly severally and firmly by these presence
sealed with our seals and dated this 20th day of December
A. D. 1838
The condition of the above obligation is that if
John B Herring administrator
of the Estate of Benjamin Herring
Deceased Shall faithfully administer said estate,
pay and deliver all money and property of said Estate
and do all other things touching
said administration required by
law or the order of any Court
having jurisdiction thero? the above
obligation to be void otherwise to
remain in full force
(signed) John B Herring
(signed) William G Moore
(signed) ? George Tucker
Signed sealed and acknowledged in presence of
J B Grant clerk
Click in image to see full size scan
Bond
State of Missouri
County of Callaway
I as clerk of the County Court within and for the County aforesaid
Do Certify that this Bond has been duly Committed
to Record as required by Same?
in my office
Given under my hand as Clerk
aforesaid this 20th day of January 1839 (1838 changed to 1839)
(signed) J B Grant Clerk
72-1
John B Herring Bond as Administrator of the Estate of
Benjamin Herring Deceased
Filed for Record 20th December 1838
(signed) J B Grant Clerk
Recorded in Will Book C page 119 and 120
(signed) J B Grant Clerk
1839 February Court approved and filed
(signed) J B Grant Clerk
Click in image to see full size scan
The legal heirs of Benjamin Herring. Note the implication that Nancy is already widowed. This is a blank form to be filled in, which is why there is a large gap of space in the middle.
This day personally appeared before me
Clerk of the County Court for Callaway
County the undersigned John B Herring
who being by me duly
sworn upon his oath according to Law
says to the best of his knowledge and belief
that there are four legal heirs or
representatives of Benjamin Herring deceased
Deceased [sic] to wit, John B Herring, Polly Tatum
wife of Thomas Tatum, Nancy Crosthwaite and
Sarah Payne wife of William J Payne
And that the deceased died without a
will and that he will make a perfect
inventory of and faithfully administer
all of the estate of the deceased, and pay
the debts as far as the assets will extend
and the Law directs, account for and pay
all the assetts which shall come to
his hands possession or knowledge
(signed) John B Herring
Subscribed and sworn to before
me clerk of the Callaway County Court this
day of (blank) 183(blank)
(signed) J B Grant Clerk
Click in image to see full size scan
Administrator. 1838 declared to be 19th year of State of Missouri.
Jararl? B Grant Clerk of the County Court
within and for the County of Callaway in
the State of Missouri, To all to whom these
presents shall come Greeting. Know Ye that
whereas Benjamin Herring Deceased late of the County
of Callaway aforesaid died intestate as it is said and ?
John B Herring having given Bond and Sufficient Security
as the Law directs I do give and Grant unto You the
said John B Herring full power and authority to administer
all and singular the Goods and Chattles Lands and
Tenements Rights and Credits of the said deceased lying
and being within the said State of Missouri and to
demand Collect and in a legal manner require and
receive all and all manner of Debt and Debts due and
owing to the said deceased and will faithfully to
dispose of the same according to Law and lastly I do
hereby Constitute and appoint You the said John B
Herring administrator of all and singular the
Goods Chattles Land and Tenements Rights and Credits
of said Deceased
In Testimony whereof I have hereunto set my hand and
affixed the seal of said Court as office this
20th day of December 1838 and in the 19th year of the State
(signed) J B Grant Clerk.
Click in image to see full size scan
Cover for letters of administration
State of Missouri
County of Callaway
I as Clerk of the County Court within and for the County aforesaid
Do Certify that these letters of administration have been duly
Received in my office as directed by Law
Given under my hand this 20th day of December 1838
(signed) J? B Grant Clerk
John B Herring's Letters of administration
on the Estate of Benjamin Herring Deceased
Filed 20th December 1838
(signed) J B Grant clerk
Recorded in will Book C Page 120
(signed) J B Grant clerk
72-1
Click in image to see full size scan
New administrator. Same clerk but vastly different handwriting with numerous errors in the text. Replacement is termed "De Bonis Non".
Know all me by these presents that we Daniel
Nolley and William H Bailey are held and firmly bound to the
State of Missouri in the Just and full sum of $1500 dollars
current money for the payment of which well and truly to be made.
We bind ourselve our heirs ? jointly severaly ones firmly by
these presents sealed with our seals and dated this
20th day of November 1841
The condition of the above Bonis is such that if the above
Bounden Daniel Nolley administrator of the Estate of Benjamin Herring
shall well and faithfully administer said Estate pay the debts
as far as the assetts will extenes and as the law directs
account for pay and deliver all money and property of said Estate
and do all other things tuching said administration Required
by law or the order of any Court having Jurisdiction then the
above bones to be void otherwise to remain in full
force and virtue
(signed) Daniel Nolley
(signed) William H Bailey
Signed sealed each in presence of
(signed) J B Grant clerk
Click in image to see full size scan
Recorded
State of Missouri
County of Callaway
I Jorace B Grant Clerk of the County Court of the County
aforesaid Do Certify that the within bond has been duly
Committed to record according to law
Given under my hand and Seal this 20th day of November 1841
(signed) J B Grant Clerk
Click in image to see full size scan
Cover
Daniel Nolley
To
Bond as a ?
The Estate of ?
1841 November court
Examined approved and letters granted
for and to be filed and recorded
J B Grant clerk
Filed 20th November 1841?
J B Grant Clerk
Recorded in will Book C page 274
J B Grant Clerk
72-1
Click in image to see full size scan
New letter of administration
I J B Grant Clerk of the County Court
within and for the County of Callaway
in the State of Missouri. To all to whom
these presents shall come Greeting. Know Ye
that whereas Benjamin Herring decased late of
the County of Callaway Deceased and
intestate as it is said, and Yon?
Daniel Nolley having given Bond and
sufficient surety as ? by ?.
I do therefore Give and Grant unto
You the said David Nolley full power
and legal authority to administer all
and singular the Goods, Chattles, Land
and tenements, Rights and Credits of the
said Deceased lying and having? within
the said State of Missouri, and to ?
collect and in a legal manner to require
and remove all and all manner of
Debt and debts due and owing to the
said Deceased, and well and faithfully
to dispose of the same according to Law
and ? I do nominate constitue and
appoint Law the said Daniel Nolley administrator
De bonis non of all and Singular
the Goods Chattles, Lands, tenements, Rights
and Credits of the said Deceased.
In testimony whereof I have hereunto set my hand
and affixed the seal of said Court at
office this 20th day of November 1841
(signed) J B Grant Clerk
Click in image to see full size scan
recording certificate
State of Missouri
County of Callaway
I J B Grant Clerk of the County Court
within and for the County aforesaid to Certify
that these letters of administration have been duly
recorded in my office as directed by law.
Given under my hand and seal this 20th day of
November 1841
(signed) J B Grant Clerk
Click in image to see full size scan
Letters cover
Daniel Nolley's Letters of Administration of
Benjamin Herring Deceased
Filed 20th November 1841
J B Grant Clerk
Recorded in Book C Page 275
J B Grant Clerk
72-1
Click in image to see full size scan
Petition to sell slave Henry so as to settle and distribute the estate.
The signatures are interesting. They include three different spellings of
Herring and two of Crosthwaite. Tatum, throughout this probate packet, is
consistently spelled Tatum, whereas we also see Tatrum and Taturm on the
land patent, census, and marriage records. Mariah Herring's signature looks
vastly different from other samples. The three signatures of Mariah and her
two daughters look like they were signed by different people (presumably
themselves), but they spell the name Herron whereas John B consistently
signed Herring. Henry seems to have remained age fourteen or fifteen
for several years.
Polly Tatum's marriage record and headstone record show her as
Mary A Herring. Tatums and Herrings lived adjacent to each other at this
time. Perhaps Polly Tatum took the name "Polly" to distinguish her from
her niece who signed as Mary A Herron below. The latter person later
married, to become Mary A Dawson.
The manner of signature might indicate that Polly Tatum is now a widow.
The phrase "late Polly Herring" might simply indicate her maiden name, or
it might possibly indicate she is now widowed. Since Sarah Payne is the
only daughter to include her husband's signature, that might possibly
show that both of her sisters are widowed. Alternatively, it might merely
mean that Nancy, playing it safe as their attorney, signed both names
given that she had the right to. Would Thomas Tatum have been required
to sign this
document if he were alive to do so? I don't know.
We the undersigned heris and legal representatives
of Benjamin Herring deceased respectfully
represent to the Honorable Callaway
County Court that the estate of said
Benjamin Herring deceased consists principally
of our? Negro boy about fourteen or fifteen years old
and that in Consequence thereof a division? of said
Estate cannot be made without a sale of said Negro.
We would therefore ask the Court to make an order authorising
the administrator de bonis non of the Estate of
said Benjamin Herring to sell said Negro boy to enable
him to make a distribution of the proceeds amongst the
legal heirs
March 30 1842
(the following signatures interspersed with clerk notes)
Mariahr Herron
Mary A Herron
Matilda J Herron
By Mariah Herrin
their natural Guardian
Nancy Crosthwaite
William Payne
Sarah Payne
by Nancy Crossthwaite
attorney in fact
Polly Tatum late Polly Herring
Click in image to see full size scan
This letter was written to "Dear Sister." The sister addressed is undoubtedly the widow Nancy Crosthwaite, who they had appointed as their attorney the previous month. After their brother John B Herring, administrator of their father's estate, died, William and Sarah Payne appointed Nancy as their on-the-spot administrator. This letter indicates they did that in the hopes of moving the estate settlement along. Two months later, the heirs petitioned (with Nancy signing in William and Sarah's names) the sale of Henry so as to be able to divide the estate.
I interpret the postscript as a hospitable invitation to visit, rather than as a demand. Perhaps the invitation was extended to Nancy because she was a widow... but at this point so is Mariah and possibly Polly as well.
This letter might possibly have been enclosed with the appointment of attorney, and the reference to "great deal of trouble" would likely be a reference to appearing before the judge, and making her attorney.
January 5 or 15, 1842
Dear sister, I have been at a grate deal of trouble to get this matter fixed but it is now ready I now write you worried how to ? I wish you to have the matter settled as quickly as possible.
If you don't think you are capable of acting for Both of us you had better make some man a power attorny to act for us, but I want you to be particular who you get to act, when the matter is settled I wish you to hold my part until you hear from me. Write to me as soon as you get this and let me know what is done. we are all well except * colds. nothing more at present but remain your unworthy brother.
William J. Payne
I hope you will come and fetch my money to me. WJP