The Genealogy of Walter Gilbert

Probate Records of Samuel Judson
Ohio

 

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The following is the settling of the estate of Samuel Judson (~1880–1826) as recorded on pages 189 through 196 of the Probate Court Records of Portage County, Ohio: Estates, volume 4; microfilm number 14. The available copy is, of course, handwritten and occasionally difficult to interpret. The entire process of settling the estate covers a period of over six years, from February 19, 1827, to March 28, 1833. The first step is an inventory and appraisal of the estate and the setting aside of parts of it for his widow, Lucy, who is required by law to receive at least a bed and bedding. She does fare better than this but Samuel's creditors do not.

The appraised value of the estate was $174.99½. The appraised value of goods and chattels set aside for Lucy Judson was $102.28¾; this is in addition to the other amount. The estate not set aside was sold, probably at auction, on March 15, 1827, for which a total of $168.21½ was received; remarkably close to the appraised value. A total of $119.04 in expenses were paid from the estate for: his last illness, $47.73; his funeral, $5.50; court and legal fees, $62.81; and for "pointing" and preserving property, $3.00. After this, 20 individuals made claims against the estate totaling $295.84; these were paid at 35 cents on the dollar.

It is interesting to note that Amzi Atwater, the brother of Samuel's first wife, Lois, was paid $11.25 for Samuel's last sickness. Also, Samuel's brother, Gershom (spelled "Garsham" in the record), filed by far the largest claim against the estate: $157.77. Since that is nearly equal to the entire of the amount received at auction, one can only speculate on the basis for the claim.

Samuel Judson's Estate

[February 19, 1827]
Be it remembered that heretofore, to wit, at a term of the court of common Pleas of the county of Portage in the State of Ohio, begun holden at the Court House in the town of Ravenna within and for said county by and before the Honorable George Todd, President Judge of the third circuit of the court of common Please in said State and Augustus Baldwin, Elias Harmon, and Alva Day Esquires assiciate Judges of said court, on the nineteenth day of February in the year of our Lord one thousand eight hundren and twenty seven, on motion it was ordered by the court that administration of all and singular the goods, chattels, chattels, rights, credits; moneys, and effects which were of Samuel Judson late of the township of Hiram in said county deceased at the time of his death who died intestate be committed unto Symonun Rider whose duty it shall be under oath or affirmation to have all and singular the goods and chattels of the said decedent inventoried and appraised by John Johnson George W. Pitkin and Miles T Norton householders of the county of Portage aforesaid (after setting off for the widow if any such provisions or other property as the appraisers aforesaid shall consider reasonable for the support of herself and her children for one year from the death of said intestate which shall be appraised and contained in a separate schedule and this schedule together with the general inventory shall both be signed by said appraisers) and make return thereof together with a true and accurate statement of the debts due and owing to the estate of the said decedent to the office of the clerk of the court of common Please of the county of Portage aforesaid within three months from the date of these letters of administration with a bill of sales of the goods and chattels of the said decedent with three months after such sales and moreover to adjust and settle up the account of his administration within eighteen months from the date of these letters as the law directs.

And it was further ordered by said court that the said Symonus Rider enter in bond with surities in the sum of four hundred dollars conditioned for the faithful discharge of his said trust etc. and Paletiah Allen and Jason Rider were approved as such sureties and the said Symonus Rider having accepted the said trust and having taken an oath well and truely to administer upon said estate according to law did thereupon enter into Bond with the said surities and filed the same in the office of the clerk of our said court which said Bond followed in these words, to wit,

Know all men by these presents, ... [basically duplicating the above wording]. [Signed]

Whereupon on letters of administration in due form of law were issued and delivered to the said Symonus Rider and also our order of appraisment was issued to the said appraisers in the words following, to wit,

[Copy of the order to the appraisers omitted; contains basically statements included above.] Signed, S Day, Clerk

[May 21, 1827]
Afterwards, to wit, on the twenty first day of May in the same year last aforesaid the said admr returned to the Office of the Clerk of our said court the aforesaid order of appraisment with an inventory of the goods belonging to the estate of said intestate, a certificate of the oath administered to said appraisers, a statement of the debts due and owing to said estate, and schedules of the property by said appraisers set off to the widow of said intestate; which said inventory, certificate, statement and schedules follow in these words, to wit:

An inventory of the goods and chattels of Samuel Judson deceased late of the township of Hiram and county of Portage taken by us John Johnson Miles T Norton and George W. Pitkin appraisers appointed by the court of common Pleas of Portage County as appears by their order bearing date Feby 19th A 1827

[Note: The writer has combined the inventory and appraised value with the prices received when sold. Inventoried and appraised February 27, 1827; sold March 15, 1827.]

One fanning mill$10.00$9.06¼
One yearling hide1.501.26
One old harness.50.37½
One grindstone1.501.65
One pair sled runners.50.18
One plough2.252.12½
 Part of waggon4.003.60
One harrow2.082.25
One clevice and pin.50.43
Two shovels.50.56¼
 Sundry pieces of chains2.752.31
One box of old iron.50.62½
One horse harness10.0010.12½
One saddle2.002.87½
Two sickles.75.72
One ox yoke1.00.80
One ox cart16.5018.25
One brush hook.75.81¼
Two sythes.50.68
One whiffletree.25.12¼
Two pieces of shovels.25.17
One stock of clover seed8.004.89
One yoke of oxen40.0040.81
One yearling bull3.503.31¼
One two year-old Heifer6.347.00
Two bush wheat at 40 cts per bush.80.86
59Bush of rye at 31 cts per bush18.3922.12½
One heap of corn at 28 doz2.805.81
One ton of hay5.005.00
Two weavers reeds2.001.62½
One steel trap.751.00
One Hatchet.751.27
 Sundry artlcles with potatoe hook1.25.62½
One Pocket book.75.81
One Black sow3.001.85
One Blue barrow2.251.40
 A quantity of rye straw3.00.49
 Wheat straw2.00.00
One Pine chest1.501.50
One steel trap        .62½         .50  
  $161.09½$168.21½
 
[Inventoried and appraised April 24, 1827; sold May 12, 1827.]
Six hundred hogshead staves$12.00$6.35
Five Bushels of rye nearly1.501.62
Two Chain hooks        .40         .37
  $13.90$8.34
 
Given under our hands this 27th day of February A 1827.
John Johnson
Miles T. Norton
Geo. W. Pitkin
} appraisers

The following are the several debts due and owing the estate of Samuel Judson deceased as far as has come within my knowledge

R. Eastern on due bill executed to bearer 10.25
interest on the same 2.46
Samuel Loveless on due bill executed to Samuel Judson deceased 2.80
interest on the same     .85
  16.36

Given under my hand this 19th day of May 1827 Simonus Rider administrator of Samuel Judson deceased

A schedule of the goods and chattels of Samuel Judson deceased late of the township of Hiram and County of Portage taked by us John Johnson Miles T. Norton and George W. Pitkin which we set off to Lucy Judson widow of the deceased as property exempt from execution including one bed and bedding for the widow provided by law.

One Cow $12.00 
Twelve sheep 19.00
All the flax 2.00
One Brass kettle 2.00
One Iron kettle 2.75
Two Spinning wheels 3.00
Two Beds and bedding 9.00
Fifteen dollars selected by widow 15.00
Six Silver tea spoons 3.50
Two Cupboards with sundry articles therein 8.00
One Churn .75
Six chairs 2.50
One Flat iron .25
One bed and bedding for the widow 18.00
 
We do hereby set off for the support of the family of the deceased twelve months from the 29th day of October* last the following property, viz,

 
One Trammel $0.50
One Steelyard .75
One Lantern .44
One Wash kettle .50
One Iron pot 1.25
One Frying pan .50
One Spider and cover .75
One shovel and tongs .50
One Half bushel .25
One Wash tub .37½
One Table .50
One Vinegar barrel 37½
Sundry dry barrels .50
Half barrel salt 2.00
Cider barrel and soup grease tub .50
Three barrels of pork 20.00
One Tub of lard 1.50
One Wooden bowl 31¼
Fifty lb cheese 2.50
One barrow hog 2.75
Ten Bushels of potatoes 2.50
One Trunk 1.00
Two Table cloths 1.00
Four bags 1.00
Ninety Bushels of corn 25.20
One Ton of hay 5.00
Twenty Bushels of oats 3.75
Two Axes 1.50
Two Hay forks 62½
One Half barrel keg .25
One Sheep 1.00
One Cow hide 2.00
Forty Five Bushels wheat 18.00
One Light stand .75
Flax machine .50
Auger Shave and hammer .40
One Shovel .50
One Bushel of rye .31
One Mop        .25
  $102.28¾
Given under our hands this 27th day of February A. 1827
John Johnson
Miles T. Norton
Geo. W. Pitkin
} appraisers

* Note the reference to October 29, 1826. This is probably the date that Samuel actually died since the court was to set aside items to sustain Lucy and the children at home for one year after his death.

[September 8, 1828]
Afterward at a Term of said court begun and holden at the court House aforesaid within and for the county of Portage aforesaid by and before the Honorable George Todd President Judge as aforesaid and Elias Harmon Alva Day and Elkanah Richardson Esquires assiciate Judges of the same court on the eighth day of September in the year of our Lord one thousand eight hundred and twenty eight came the said administrator and on motion a further day was given him to make settlement of his administration on said estate until the next term of said Court.

[Similar extensions were granted by the court to the administrator at successive terms of the court on February 16, 1829; 3rd Monday in May, 1829; September 14, 1829; and May 3, 1830. Finally, on September 6, 1830] ... came said administrator and presented the court his account current with the estate of the said intestate which being examined was approved by the court and thereupon the court declared to the creditors of the said intestate a dividend of sixteen cents six mills on the dollar, and it was ordered by the court that the said account be filed in the office of the clerk of said court for the inspection of all persons interested until the next Term of said Court.

[February 16, 1831]
Afterward at a Term of said court begun and holden at the court House aforesaid within and for the county aforesaid by and before the Hon. judges last aforesaid on the sixteenth day of February in the year of our Lord one thousand Eight hundred and thirty one came the said administrator and it appearing to the court that no exception had been filed to said account since the filing of the same. Therefore it was ordered by the court that said account be accepted approved and admitted to record.

[October 15, 1832]
Afterward at a Term of said court begun and holden at the court House aforesaid within and for the county aforesaid by and before the Hon. judges last aforesaid on the fifteenth day of October in the year of our Lord one thousand and thirty two came the said administrator and again presented to the court the same account current with said estate by him so as aforesaid presented and thereupon the court declared a dividend to the creditors of the said intestate of thirty five cents on the dollar in stead of the aforesaid dividend of sixteen cents and six mills and it was ordered by the court that said account be filed in the office of the clerk of said Court for the inspection of all persons interested until the next Term of said Court.

[March 28, 1833]
And now at this Term of said court, to wit, at the Term thereof begun and holden at the court House aforesaid within and for the county aforesaid by and before the Honorable Matthew Birchard President Judge of the third circuit of the court of common Please in said State and Elkanah Richardson Elias Harmon and Geo. B. De Pryster associate Judges of the same court on the twenty eighth day of March in the year of our Lord one thousand Eight hundred and thirty three comes the said administrator and it appearing to the court that no exceptions have been filed to said account since the fileing of the same. Therefore it is ordered by the court that said account be accepted approved and admitted to record which said account follows in these words, to wit,

By Symonus Rider admr of Samuel Judson deceased
 

 To amount of Inventory and appraisal $174.99
 To amount of note R. Eaton 12.71
 To amount of note S. Loveless      3.65
 Crs $191.35
 
 By Loss on Sales6.78
 By loss of Note R. Eaton not collectable12.71
 By Loss of note S. Loveless not collectable3.65
1 By Paid Saml S. Whipple Last sickness27.75
2 By Paid Enoch Leavitt   "        "3.50
3 By Paid Joseph Skinner   "        "4.73
4 By Paid Joel Chapman Funeral expense5.00
5 By Paid Ruth Rice, Last sickness.50
6 By Paid Franklin Snow Grave.50
7 By Paid Amzi Atwater Last sickness11.25
8 By Paid Geo. W. Pitkin Appraiser2.00
9 By Paid John Johnson Appraiser2.25
10 By Paid J. B. Buttler Pointing1.00
11 By Paid Miles T. Norton Appraiser etc.3.25
12 By Paid Charles Loomis Preserving Property2.00
13 By Paid Seth Day Clerk Court6.75
14 By Paid T. Q. Bierce Council3.00
 By Paid Services of admr allowed by court  45.56
142.18
 
Claims exhibited against the estate of Samuel Judson deceased for dividend.
 
1 Garsham Judson 157.77
2 A. H. Palmer 1.75
3 Mason Filden, Jr. 24.25
4 Lyman Cody 7.56
5 Henry Herrington 20.00
6 Shabal Lamb 9.25
7 Coolman & Swift 0.32
8 Elias Smith 2.37
9 Henry Bennet 2.27
10 John Blair 4.66
11 Joseph Skinner 22.87
12 Jason Rider 2.00
13 Samuel Whipple 0.65
14 Salmon Carter 2.25
15 Charles Halett 4.25
16 Ariel Walden 1.40
17 John Butler 5.00
18 Martin McClintock 2.50
19 Silas Crocker 2.00
20 Horace A. Loomis   20.72
[sic] 295.84
 
Percentage thirty five cents on the Dollar.
M. Birchard
Pres. Judge

[Note: The stated credits of $191.35 less the paid and uncollected amounts of $142.18 leaves only $49.17 to be distributed among the 20 claims filed against the estate totaling $295.84 (actually $293.84 when correctly added). This does, indeed, yield the initial dividend percentage of 16.6. However, ultimately a dividend rate of 35% was declared. At this rate, the available $49.17 would pay dividends to $140.49 in claims. This leaves $104.49 in claims unpaid; the reason for this is not explained.]

Some of the items in the inventory that are not as commonly seen in suburbia in the late 1900s are:

trammel
a device with links or hooks at different levels for hanging a pothook in a fireplace
spider and cover
a frying pan with legs for use in a fireplace
shovel and tongs
fireplace tools
steelyard
a weighing scale consisting of a steel bar suspended near one end, a hook on that end to suspend the item being weighed, and a sliding weight on the extended part of the bar which is moved to achieve a balance, the weight of the item is then read from a scale on the bar at the position of the slider
barrow hog or blue barrow
a castrated pig
fanning mill
a device (fan) used to blow the chaff away from grain dropped in its wind
cleavis and pin
a U-shaped piece of iron with holes the ends through which is passed the pin, typically used to couple a handle with a hole near the end to a chain or hook attached to the center of the U
whiffletree
a wooden bar to which the harnesses of a team of horses are attached at the ends and the load is attached to the middle
weavers reeds
cane probably used in this case for basket making
hogshead staves
staves used in making hogshead (63- to 140-gallon) barrels