When a Named Executor Refuses to Qualify--Benj. Cooke's Will

The probate files for Benjamin Cooke of Granville Co NC were well worth the read.  I knew that an executor named in the will could refuse but seeing how things played out when that happened were enlightening.  When a named executor refused, someone would be appointed by the court who would be an administrator rather than an executor. This was confusing to me because I had always associated the term administrator as what you have when someone dies without leaving a will.  That is not the case.  An administrator is anyone appointed by the court to handle an estate.  This can happen when someone dies without a will, doesn't name an executor in their will or when the one named declines to be the executor.

Below is my attempt at transcribing Benj. Cooke's will and list of purchasers at his estate sale.

Digital Copy of Granville Co NC Will Book 7  pg. 494 & 495
North Carolina, U.S., Wills and Probate Records, 1665-1998
https://www.ancestry.com/imageviewer/collections/9061/images/007639740_00515
Granville  > Wills, Vol 7, 1808-1816 > 515 of 710

Will
I Benjamin Cooke of Granville County & State of North Carolina
being of sound mind but ___?__ with the uncertainty of human
life do make and ordain this to be my last will & testament  Item
The first it is my will & desire that all my just debts shall be justly
and honorably paid and my executor hereafter named is authorized 

and impowered to sale such part of my property as he may think 
most expedient to affect that object.  Item the second I give and 
bequeath unto my sister Salley Cooke my molly long legs filly
and my watch I wish her to keep as remembrance 
her life time and to descend to her eldest son  should she ever have
one at her death.  Item the third I give & bequeath unto my
sister Martha my Harry Long legs colt.  Item the fourth I give and
bequeath unto my brother John my Rifle.  Item the fifth it is my
will and desire after my debts and the above legacies are paid that all
my remaining property shall be equally divided between my two sisters,
Salley and Martha thinking fit at the same time to declare that this disposition of my property is and ought not to be considered as evidence of my feeling a particular partiality for those of my relations who are to share my beneficences over and above those who are not,
my intention being to give to those I considered most needy.  Lastly
I appoint Woodson Daniel Executor of this my last will
& Testament in witness whereof I have hereto set my hand & seal

this 11th day of December 1814
signed & acknowledged in the presence of 
TEST
John C Courtney
Thomas P Downey            Benjamin B Cooke (Seal)
State of N Carolina
Granville County
February Court 1815

The execution of this will of Benjamin B Cooke dec was duly proved in open court by the oath of John C Courtney and Thomas P Downey the two and only subscribing witnesses thereto and ordering to be recorded Woodson Daniel the only person named in said will as an executor came into court and refused to qualify. As such Samuel Dickins is appointed administrator with the will annexed who after giving bond in the sum of seventeen hundred & fifty pounds with William Dickins and William Robard his sureties by law his qualification as such 
Witness Step. Sand Clerk
Digital Copy of Granville Co NC Will Book 7  pg. 494 & 495

Inventory

North Carolina, U.S., Wills and Probate Records, 1665-1998

https://www.ancestry.com/imageviewer/collections/9061/images/007639740_00542

Granville  > Wills, Vol 7, 1808-1816 > 542 of 710

Estate Sale 17th February 1815

The inventory lists items as well as purchasers.  I have included a list of the purchasers below. Please consult the digital image for full details as to which items were purchased by each person. Several of the purchasers names are listed multiple times and I have listed them as shown but am unsure if this is two separate persons by the same name or an additional listing.

Purchasers

Thomas Pool

Wm Smith

John Cuth

Absalom Kimbro

Woodson Daniel

Joseph Sneed

Wm Griffin

Joseph Norwood

Wm Norwood

Robert Norwood

Dudley Mingy

Wm Smith

John Elliot

Absalom Hunt

Wm Robards

Wheeler Grissom

Morris Smith

Allen Morgan

Salley Cooke

Saml S. Downey

Martha Cooke

Wm Mallany

James Hunt

Patsey Hunt

William Bullock

William Stovall

John Burriss

Thos B Littlejohn

Jesse H. Cobb

John Cuth

Howel Satterwhite

Mat Nichols

Will of Lemuel Cook of Wake Co. NC 1864

I, Lemuel Cook of the county of Wake in the state of North Carolina being of sound mind and memory, do this 23rd day of July 1863 make publish and declare this my last will and testament in manner and form as follows.

Item One I lend unto my wife Amelia Cook all my household furniture of every description during her natural life and at her death I give and bequeath said furniture to my son W L Cook

Item Two  I give and bequeath to my wife Amelia the interest in all the money and bonds I have during her life to dispose of as she wishes

Item Three I give and bequeath unto my daughter Polly A Terrell one dollar in cash

Item Four I give unto and bequeath to my son John P Cook one dollar in cash

Item Five I give and bequeath the balance of my estate consisting of bonds and money after the death of my wife Amelia Cook to my two children Eliza J Dunn and William L Cook to be divided equally between them share and share alike to them and their heirs forever

Lastly, I nominate and appoint my son W L Cook executor to this my last will and testament to execute and perform every part and clause thereof according to the true meaning and interest thereof. In testimony thereof I have hereunto set my hand and seal Signed, sealed, and acknowledged in the presence of

John R Dunn
W B Smith

Lemuel Cook(seal) 

Recorded in Book  "J J" Page 172  February Term 1864

Ancestry.com. North Carolina, Wills and Probate Records, 1665-1998 [database on-line]
images 734-736 of 1929] Wake --- Original Wills, Cameron, Francis Hawks - Dupree, Obidiah P
https://www.ancestry.com/search/collections/9061/
Will of Lemuel Cook of Wake Co NC date 1864
Marie's Notes:  This Lemuel Cook appears to be the son of John Cooke & brother of  John R., Gilly,  and Joseph.  Lemuel and Amelia Marriot married in September of 1830 in Wake Co. NC.(see source below)

"North Carolina, County Marriages, 1762-1979 ," database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-894X-3SGN?cc=1726957&wc=QD8P-DRY%3A1588773185%2C1588773467 : 22 December 2016), Wake > Marriage bonds, 1770-1868, vol A-C > image 3553 of 3977; North Carolina State Archives Division of Archives and History.

Will of John Cooke of Wake Co NC date 1814

Will of John Cooke of Wake Co NC date 1814

Written March 22nd 1814  Proved May Term 1814

In the name of God amen John Cooke of Wake County North Carolina being of sound mind and memory blessed be God do this 22nd of March 1814 make and publish this my last will and testament in manner following that is to say

First I give to my beloved wife Hannah Cooke,  my Negroes-- Dinah, Pompey, Willis, Tom, Ily, Arington, and Joe also my right in land whereon I live together with Smith and Burnett tracts during her life that is to stay the land for life the Negroes to dispose as she might think properly

Item two I give to my wife all my perishable estate after paying all my just debts out of it
Item three I give and bequeath to my son Joseph Cooke my negro girl Nelly as a special legacy.
Item four I give and bequeath to my daughter Gilly Hopkins and her heirs my negro girl Abby and my will farther is that my wife make my children equal in number of Negroes and of equal value as near as possible and that the special legacy given to my son Joseph shall not be considered in the aforementioned dividend but as an extra legacy and I hereby make and order my beloved wife Hannah Cooke, Lemmuel Cooke, Joseph Cooke executors of this my last will and testament in witness whereof I have hereunto set my hand and affixed my seal this day and year first above written.

John Cook (Seal)

signed sealed and published by the testator in presence of us

Witnesses:
Hugh Goodloe
Moses Winston
Benj Boon

Wake County May term 1814

The foregoing last will and testament was in open court duly proven by the oaths of Henry Goodloe and Moses Winston subscribing witness has thereunto and order to be recorded in the clerk's office of Wake County in book M page 238 June 4th 1814

Ancestry.com. North Carolina, Wills and Probate Records, 1665-1998 [database on-line images 722-725 of 1929] Wake  --  Original Wills, Cameron, Francis Hawks - Dupree, Obidiah P
Will of John Cooke of Wake Co NC date 1814
https://www.ancestry.com/search/collections/9061/

Marie's Notes:  Please see original as this may contain errors and some liberties were taken with the formatting to make it more readable

I believe this is John Cooke, husband of Hannah Winston.  This John is thought to be the son of Shem Cooke(d. abt 1796 in Granville Co NC)  More research is necessary.  I have a few more wills of this John Cooke's descendants which I will try to get on the blog as soon as I can.  Adding the witnesses to  "FAN club" for John Cooke.

Will of Shem Cook--Carroll Co. GA--1862

Will of Shem Cook
(Beginning on page 58)

Georgia
Carroll County

In the name of God amen I Shem Cook
of said state and county being of
advanced age and knowing that I must
shortly depart from this world deem it right & proper
both as respects myself and my family that I should
make a disposition of the property with which a
kind providence has blessed me.  I therefore make
this my last will and testament, hereby revoking
and annulling all others heretofore made by me
Item First--I devise and direct that my body be buried
in a decent and Christian like manner suitable
to my circumstances and condition--my soul thus
shall return to rest with God who gave it as I
hope for eternal salvation through the blessed Lord
& Savior Jesus Christ whose religion I professed and
humbly trust enjoyed for 30 years.

Item Second--I desire and direct that all my just
debts be paid without delay by my executors hereinafter
named as I am unwilling my creditors should be
delayed of their rights especially as their(sic) is no necessity
for delay.

Item Third--I devise and direct that William Sutton
my son in law shall take my wife Temperance and
keep her, her lifetime and be paid for the same out
of my estate and if he fails to comply that arrange-
ments be made for the same.  Paid for out of my
effects.

Item Fourth--I give and bequeath to my son R.B. Cook
five dollars.

Item Fifth--I give and bequeath to Solomon West's
children that he had by my daughter Ann, five dollars

Item Sixth--I give and bequeath my negro property
to my sons James B & A.J. Cook and daughter Elizabeth
Sutton and Penelopy Yarber to be divided according to
valuation by lot, not sold.

(Page 59)

Item Seventh--I direct that all the rest of my property
be sold and equally divided between James B. and
A.J Cook and Elizabeth Sutton and Penelopy W.
Yarber, after paying my just debts and provid-
ing for the support of my wife and paying
the other legatees their five dollars

Item Eight-- I will and direct that the prop-
erty that I give to James B & A.J. Cooke  & Elizabeth
Sutton & Penelopy W. Yarber is for them to hold
their lifetime then to their children.

Item Ninth--I constitute and appoint my sons James B. & A.J. Cook and William Sutton executors to
this my last will and testament This January
28th 1862   Shem (x)  Cook

Signed sealed declared published
by Shem Cook as his last will & testament in the
presence of us the subscribers who subscribe our
names hereto in the presence of said testator and
of each other This January 28th  1862
G.W. Burson
S.H. Hand
John L. Fletcher

Carroll Court of Ordinary
April Term 1862

Personally appeared in open court James B Cook &
William Sutton Executors of the last will and testa
ment of Shem Cook late of said county deceased
and produced before the court the last will
and testament of the said deceased and the
witnesses to the said will to wit G. W. Burson,
S.H. Hand and John L. Fletcher. The said
Burson and Hand being sworn say that they
saw the testator Shem Cook sign seal declare
and publish the paper now presented as his last
will and testament freely voluntarily and of his own
accord and without any compulsion or influence
whatever and at the time of executing said
will said testator was of sound & disposing mind
& memory that deponents signed the said will
as witnesses in the presence of the testator and in
the presence of each other
Sworn to & subscribed in open
court 7th April 1862

George W Burson
S.H. Hand

Source:
Carroll County, Georgia, Will Book A 1852-1896 : 58, Will of Shem Cook. 28 January 1862; imaged in "Georgia, Wills and Probate Records 1742-1922," Ancestry (https://www.ancestry.com/search/collections/8635/ : accessed 15 January 2019) > Carroll > Wills 1852-1922 > image 64 of 506.

Will of Kimbro Allison -2nd Jan, 1868 Bedford Co. TN

Kimbro Allison Will (Beginning on page 170)

Know all men by the presence that I  Kimbro Allison of the
county of Bedford and state of Tennessee being sound in
mind but knowing the uncertainty of life do make
and publish this my last will and testament hereby
revoking all others and give and bequeath my property
as follows

First
For the love and affection I have for my wife Sally
Allison I give and bequeath to her so much of my
household & kitchen furniture as she chooses it
being not over one half of all of said household
and kitchen furniture.  And to her one horse or
mule--one cow 1 calf and one yearling(her choice)
also one year's provisions and I give unto my
wife Sally one half of the cleared land of the home
place(after cutting off the amount I will to my
daughter Nancy Gerald) upon which half I give
my wife will be the dwelling house at which I
now reside.  Also the use of the lots? and firewoods--
This land and lots are willed to her my wife Saly
during her life----

2nd
I give and bequeath unto my daughter Nancy Gerald
sixty-five acres of land to be ? as follows first
a certain field containing forty acres and bounded
beginning at a post  ? near J W Sheffield's house
running West Seventy-five poles to a stake, thence
North Eighty-five poles to Moses Fallwell's NW corner of
a fifty-acre tract thence South with the Fallwells line
Eighty-Five poles to the beginning.  Then  to cut off twenty
five acres out of a woods lot joining said field to
the North out of the South West corner of said lot.
It being north of said field so as not to r? further
north than half way of the woods lot.
The above two pieces of Land taken together making
the sixty-five acres of land that I alone intend
to give--and I give the said sixty-five acres of Land
to Nancy B Gerald and her bodily heirs for her
use and benefit during her lifetime, then to her bodily
heirs.  I also give to Nancy B Gerald one hundred
dollars to be paid her out of my effects on
hand at my death--

3rd
I give unto my son Richard S. Allison and my
daughter Sarah Whitaker all my Rail Road Stock
and twenty-five acres of lumber land lying near
Augustus Wilsons in Bedford County to be equally
divided between them, Half and Half.
(page 171)

4th
I will that all my just debts be paid out of any
remaining property or debts I may have at my death
The remainder of all my estate to be divided
equally between my three children, Richard S. Allison
Sarah Whitaker and Nancy B Gould and the
land that I give my wife Sally to be divided at her
death equally between my three children--
5th
I hereby nominate and appoint Chesley Williams, E.
J. William and Cowden McCord as my executors
any one of which can act and I give them or authorize
of the power to sell and convey any and all
property Land  that I may die possessed(Not
disposed of by Special bequest) that becomes necessary
to sell for division and pay over to my children
for their own and children's use-


In witness whereof, I have this the
2nd Day of January 1868 Signed
my hand and seal
Kimbro Allison

In presence of
E.J. Williams
Bryant Landis
A. Wilson

State of Tennessee
Bedford County

I Reuben C Couch Clerk of
the County Court of said county
do certify that the foregoing is a true and proper
copy of the original  will of Kimbro Allison
proven and admitted to Probate at the February
Term of 1869 of the county court of said county
In Witness whereof, I have set my hand at office this 12 day
of February 1869
Reuben C Couch Clerk
Z. W. E. Gallworth D.C.


Kimbro Allison is my 1st Cousins 5 times removed(1C5R)

Source Information:

Bedford County, Tennessee, Wills Vol 1: 170-171. Will of Kimbro Allison, 2 Jan 1868; imaged in "Tennessee, Wills and Probate Records, 1779-2008," Ancestry (https://search.ancestry.com/search/db.aspx?dbid=9176  : accessed 14 January 2019) > Bedford > Wills, Vol 1-2, 1861-1922 > image 116 of 832.

Lemuel's FAN club

As a researcher you should be familiar with Cluster Genealogy as a method for finding out more about your ancestors.  You may also be familiar with the term Fan Club or Fan Club principle which was coined by Elizabeth Shown Mills to describe the group of individuals who were Family, Associates, and Neighbors of  an ancestor.  By examining the relationship of these persons to your ancestor,  you will gain a better insight into their lives and find more of their paper trail.  If you aren't familiar with this term please check out Mill's Historic Pathways site for more information on her excellent articles, books,  and presentations.

FAN club from Lemuel Manier's Probate Packet

1. Susan E A. Manier (widow)
2. John W. Manier(son)
3. Stephen J. Manier(son)
4. Eliza J. Manier King(daughter)
5. Wm. B King(son-in-law)
6. Minerva O. or A Hays(daughter--Widow of Robert Ralston)
7. Ann Manier Floyd(daughter)
8. John H. Floyd(son-in-law)
9. Lemuel Manier(son)
10. Leanne Manier Hill(daughter)
11. William T. Hill(son-in-law)
12. David C Manier(son)
13. Anna W Manier(daughter)
14. Amasa Manier(son)
15. Drury Bennet(neighboring land owner married to Elizabeth Manier)
16. James Carson(neighboring land owner)
17. John Loney?(neighboring land owner)
18. Wm. R. Nunn(neighboring land owner)
19. Wm McKay(sold Lemuel land in R'ford Co Tn 16 Jan 1835)
20. Solomon(negro)
21. Mary(negro)
22. Harriet(negro --child of Mary)
23. Edmond(negro)
24. Hardy(negro)
25. Balam(negro)
26. Chelsey William(executor)
27. James D. Gillespie(witness)
28. Christopher M Brooks(witness)
29. Noah Scales(witness)
30. Thomas Bullock(Deputy Court Clk)
31. R. D. Morrison(witness)
32. J P Calhoun(witness)
33. John Bittle(witness)
34. Robert Taylor(witness)
35. R.C. Owen(witness)
36. Stephen Bennett(witness)
37. W.W. Floyd(witness)
38. James T. Shurman(witness)
39. Jacob(negro)
40. Andy(negro)
41. George(negro)
42. James A. Hayes(son-in-law---2nd husband & eventually ex  husband of Minerva)
43. Permelia Russell(widow of Daniel Russell)
44. Daniel Russell(deceased trustee for Minerva)
45. James S. Hamlett(Sheriff)
46. William Ralston(son of Minerva who is her trustee)
47. Wm S Fleming(Chancellor of Court 1874)

From the information in the Probate Pkt of 

David Lemuel Manier(Manire) 1792-1837  Williamson Co. TN

Image 2867-2984 of 2992

Source Citation

Probate, Divorce and Original Wills Records, 1800-1899; Author: Tennessee County Court (Williamson County); Probate Place: Williamson, Tennessee

Source Information

Ancestry.com. Tennessee, Wills and Probate Records, 1779-2008 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.

Original data: Tennessee County, District and Probate Courts.

Info found in Probate File of my 3rd Great Grandfather

Things I found in a 118 image probate file(At Ancestry.com) of my 3rd Great Grandfather, Lemuel Manier(Manire) who died in the year 1837 in Williamson County, Tennessee.  You really have to take it in the context of the times--before emancipation and women's rights.  Not that that justifies not giving folks rights or limiting them based on the color of their skin, their gender ...or both.  Some of the pages were poorly written.  Thankfully, there were 2 or 3 copes for a number of the documents and at least one was legible.

Information in the probate packet:

• Date on which will was written & residence
• Date on which will was proven
• Listing of children complete with married names of daughters
• Name of widow
• Death info of widow
• Land description(residence)
• Additional land description & who it was purchased from
• Names of neighbors from land description
• Relationship status of daughters(marriage/divorce/widowed)
• Location/Proof of relationship status of daughters or widow
• Name of County Sheriff
• Subpoenas executed.
• Proof of death of estate trustee 
• Estate sale items
• Slave names and ages
• record of slave death including the cost of coffin
• Hiring out of slaves
• 47 persons to add to Lemuel Manire's Genealogy FAN club(term coined by Elisabeth Shown Mills which describes a research method of studying an ancestor's Family, Associates, and Neighbors--also called cluster research)

Crumbs from a Probate Packet and the makings of a citing nightmare...

My original intent in this post was to a small bit of information from the Lemuel Manier & heirs probate packet(ie. info on his daughter, Minerva's divorce).  Trying to cite it has me pulling my hair out as there are so many contradictions in the source listing.  The key, I feel, is to give directions on how to find that source again.

For what is is worth, Here is what Ancestry puts on the Record file as the source information & citation.

Source Citation
Probate, Divorce and Original Wills Records, 1800-1899; Author: Tennessee County Court (Williamson County); Probate Place: Williamson, Tennessee

Source Information
Ancestry.com. Tennessee, Wills and Probate Records, 1779-2008 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.
Original data: Tennessee County, District and Probate Courts.

When viewing the images themselves below is the header you see if you view from the TN Wills & Probate search results.

Image  2976 of 2992  contains the following information giving clues about divorce of Minerva O Hays.

This case was on the 20th day of Dec 1875 heard on the petition of Minerva O Hays and the proof in the case from which it appears to the satisfaction of the court that since the making of the decree in this cause and the appointment of William Ralston as Trustee for Minerva O Hays she has been divorced from her husband and is now a feme sole and there is no longer any necessity of retaining Wm Ralston in the office of Trustee and her estate in his hands as such trustee.  Thereupon the court decrees that William Ralston as trustee deliver up and surrender to Minerva O Hays all of her effects in his hands take her receipt therefore and produce a file of such receipt in this court and upon his so doing that he be discharged from the office of trustee and be relieved from all liability as such.  The court decrees that she pay the cost of this.

Proof of divorce is given under oath by statement from Chelsey Williams(18th Dec 1875)
Who answers that her family of sons stated that she was divorced from him in Columbia, Maury Co TN in 1874 or the first part of 1875. (Image 2951 of 2992)

Will of William D Powell--July 1934-proved in Lee Co AL

"Tennessee Probate Court Books, 1795-1927," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:SQWX-JCFG-9?cc=1909088&wc=M6QW-V68%3A179727801%2C180198101 : 22 May 2014), Rutherford > image 293 of 327; county courthouses, Tennessee.


Reading thru the Probate Records of Rutherford Co TN and I happen to find a will that was written by a resident of Louisville KY, William D. Powell.   Looks like it was proved in Lee Co AL in July 1934.  It provides a full listing of the living children including the areas where they live.  I was not able to figure out why the copy was included in the Rutherford Co TN records.  I did look for the location of Henning, Tennessee but it is in Lauderdale County which is not near Rutherford County.  I love the detail found in this will too.  Mr. Powell instructs that there is to be enough money put aside from his estate to make a $100 contribution to the Southern Baptist for 3 years.  He also in Item 6 makes a statement of faith.

A check at Ancestry shows that the Probate Papers in Lee County Alabama are extensive
The Ancestry "packet" contains 52 images.

Cover Page 1
Order Papers 2–8
Will Papers 9–10
Petition Papers 11–14
Account Papers 15–34
Petition Papers 35–43
Order Papers 44–45
Petition Papers 46–49
Administration Papers 50–52

This makes me wonder about his descendants and if they stayed in contact given that he had children who were living in 8 different US states at the time of his death.

1840 Van Buren Co TN Will of Robert Boyd--caught in the middle of a county formaton

The above image is a snippet from the inventory of the Estate of Robert Boyd.  Robert's will was written in 1837(Oct 26th) in Warren Co Tennessee.  Van Buren Co TN was formed from part of Warren Co TN along with parts of White County & Bledsoe County. The act to form Van Buren county passed on January 3rd 1840 but according to the information in the act at the TN.gov site, it appears records didn't start until April 1840.

It looks at though Robert Boyd's probate records were caught in the middle of the formation of Van Buren Co. TN.  A note from Will Armstrong, Warren County Clerk states that it(the will in the Van Buren Co Record Book) is a true copy of the original will on file in his office.  So although the probate records start in Warren Co TN...they end in Van Buren Co TN but do have a copy of all the will there.  In the will Robert left pretty much everything to his wife Jane to use in the support of his "little daughter" Ann. He appointed William Logue and John Boyd as executors. The listing of inventory along with the sale starts May of 1840 and wraps up July the 8th of 1840.  I should note that although Wm Logue is listed on the will as executor along with John Boyd I don't see any more listings of him as a witness or purchaser at the estate sale.  This adds more weight to this being William Marrs Logue, Robert Boyd's Father-In-Law who is known to have passed before September 4th 1839(I need to do a blog post on his estate info.). Wm Marrs Logue was the maternal 1/2 brother of my 4th Great Grandfather, John Fleming.

Person making purchases at the estate sale:  John Boyd, Isaac Hillis, James Hillis, Lemuel Romons, Wm L. Fleming, D. C. Russell, Wm McDonald, Jacob Romons, Wm Johnson, J.A. Miller, Thomas Meders,  Isaac? Tomas, Jesse Mooneyham. Wm McDaniel, Elisha Mayfield, George Ledbetter, Wiley Johnson, and John Russell

"Tennessee Probate Court Books, 1795-1927," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QSQ-2RKT-G9?cc=1909088&wc=M6QQ-L38%3A179830201%2C179855401 : 22 May 2014), Van Buren > image 3 of 186; county courthouses, Tennessee.

An Example of the Shortcomings of an Index

I really cannot stress the importance of looking deeper than the index enough.  Mistakes will be made....sometimes mistakes on top of mistakes.  If something doesn't look right then you should be digging deeper.  The Ancestry.com records of Joseph S. Cook provide the perfect example.   I believe I have mentioned that his estate record is included in with another Joseph Cook but let me show you.

A search returns the following listing

Looks normal enough.    But let's take a closer look.(yes. ...I put corrections in the comments to help other researchers but for the time being ignore those)

This is the folder....I can tell you both the name and the dates are correct....but they are both also incorrect as well.  Confused yet?  Now let's look at the index card of contents.

Do you notice anything strange?  You would if you examined the Inventory of Estate Sale AND read the date on the will included.  The Inventory & Estate Sale is recorded in Jan Term of 1839 while the will was written in Dec 1839 and proved in Feb Term of 1840.  What you have here is a Joseph S. Cook who died without a will and W. C. Cook(my 2nd Great Grandfather) who was appointed admin to take care of Joseph S Cook's Estate Sale. ( The actual petition is in another record book.)  The other papers including a will, deed and various other records are those of the estate of  Joseph Cook of Davidson Co TN. The Davidson Co TN Joseph's estate is fairly extensive. His estate is finally settled in 1843.  If I had only looked at the File Folder information and the index card I might have assumed that these were ALL Joseph S. Cook's estate papers given the closeness of the dates.

I find Joseph S. Cook(although he is not listed with the S. initial) in  25th Dist of Williamson Co TN in 1838...W. C. Cook is listed with him on the Tax List there although W. C. Cook is listed in Bedford Co TN(Rover Dist 10) in all other years. The Joseph Cook from Davidson Co TN is also listed in Dist 4 on Davidson Co TN's 1839 tax list...and wouldn't you know it....there is another Joseph Cook in Dist 2 during the same time period.  I have spent the better part of the week looking at each of these and familiarizing myself with them and their friends, family, associates and neighbors.  Speaking of which--if you have the opportunity to catch Elizabeth Shown Mills'  presentation FAN + GPS + DNA: The Problem-Solver's Great Trifecta which was a recent webinar available thru Legacy Family Tree Webinars, I highly recommend it. The case study is mind-blowing and very inspiring.

Source Citation

Probate, Divorce and Original Wills Records, 1800-1899; Author: Tennessee County Court (Williamson County); Probate Place: Williamson, Tennessee

Source Information

Ancestry.com. Tennessee, Wills and Probate Records, 1779-2008 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.

Original data: Tennessee County, District and Probate Courts.

Will of John R. Cathey--Dickson Co TN -Drawn July 10th 1827--Proved July Term 1828 -- Recorded Jan Term 1830

John R Cathey No. 46

State of Tennessee Dickson County
I John R. Cathey calling to mind the mortality of all flesh and being feeble of body but sound in memory and understanding do ordain this my last Will and Testament hereby revoking all others.

1st I give unto my beloved wife Peggy Cathey during her natural life or widowhood all of my lands that I am now in possession of(except fifty acres lying above my son Archy Cathey's which I give to my son Joshua Cathey).  The balance at my wife's decease to be equally divided amongst my four younger sons vez. Daniel, Samuel, Martin and John Cathey.  Also I give to my said wife all my personal property after all my legal debts are paid.  Also I give unto my Daughters Jane and Dolly, one feather bed, one cow and calf each when they come of age or marry.

2nd As I have give to my son George one filly, to Archie one small Horse and to my daugher Maj., wife of William G. Austin a cow and calf and feather bed they are to have no more of the remaining property as I consider they have had their share and neither more when the rest are raised.

3rd I do constitute and appoint Munford Smith and Peggy my wife my sole Executor to this my last will and testament.In Witness hereof I sign and seal the same 10th day of July 1827




Test. John Forsythe    John R. Cathey his mark (seal)

State of Tennessee Dickson County Court July Term 1828
Then was the within paper writing purporting to be the last Will and Testament of John R Cathey dec'd produced in open court and proved to be such by the oath of Jno Forsythe as subscribing witness thereto and teh same was ordered to be certified accordingly and recorded

Test. Field Farrar Clerk of said Court

State of Tennessee Dickson County January 30th 1830
Then was the last Will and Testament of John R. Cathey dec'd Recorded in Book A page 103
Field Farrar Clerk

Will of John Cathey--March 1837 Session--Lincoln Co NC

Read over some of the Lincoln Co. North Carolina probate records and found the will of John Cathey which was proved at the March 1837 Session of the Lincoln Co Court.  John listed all his children but apparently did not approve one of his daughter's choice of a husband.

4th I give and bequeath to my second daughter Jinny Mauney --one dollar

Later in the will he makes the following stipulation.  

also all my other property bequeathed to my wife at her decease to be equally divided among all of my children except my daughter Jenny Mauney.  it is my desire that she do not heir any of my estate until after the death of her husband Livingston Mauney.

You can find the complete will of John Cathey at the link below.

Will of John Cathey--March 1837 Session--Lincoln Co NC
"North Carolina, Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1940-1191876-1-8?cc=1867501&wc=MDRK-FZ3:169766601,170758801 : accessed 27 May 2015), Lincoln > Wills, 1824-1838, Vol. 01 > image 466 of 489; county courthouses, North Carolina

Livingston Mauney and Abram Houser took out a marriage bond on August 21 1829 in Lincoln County, North Carolina for Livingston Mauney to marry Jane Cathey.

Livingston Mauney and Jane Cathey 21 August 1829 Lincoln Co NC  Abram Houser.
Ancestry.com. North Carolina, Marriage Records, 1741-2011 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.

Original data: North Carolina County Registers of Deeds. Microfilm. Record Group 048. North Carolina State Archives, Raleigh, NC.

All records I could find showed the marriage as the same day as the bond.  While I am not sure that is accurate John Cathey's will proves that they must have married at least by the time of his writing the will and he was apparently not very fond of Livingston.  Livingston is thought to be the son of Dr. George Mauney Sr. even though he is not mentioned in George's will of 1840.  A check of the files at Ancestry and Rootsweb have Livingston's date of death as 16th November 1849 though I never found a source for that.  There are a lot of unanswered questions.  What caused John Cathey to not like Livingston?   What was the cause of death for Livingston?  Forties is fairly young to die..even back then.  What became of Jane "Jenny" Cathey Mauney?  Did she also die around that time?  Did she get her inheritance when her husband died if she was still living?  Now if I can just find info concerning one of my ancestors.

Dickson Co TN Probate Records--A. N. Balthrop--proved March 31, 1949 in Rutherford Co TN

On days when the weather isn't that great I enjoy reading through old land and probate records. Today was one of those days.  I found a will that I thought was amusing and spent most of the day researching the family.  No...I have no connection to the family outside of the will being brought before the judge in Dickson Co TN where I grew up.  It was the will of Alvin Nixon Balthrop and included many details. I spent a good part of the day looking over census records, obituaries, cemetery records and family files concerning the family.  I learned that Alvin was called Nick and that he had one son and 3 daughters with his first wife.
The children are listed in his will as follows:
Bobby Balthrop
Roberta(Mrs. H. L. Arnold Jr.)
Bettie(Mrs. Harold T. Shehann)
Becky(Mrs Windle Bates)

Nick's will was written Feb. 21 1948 and proved  Mar 31 1949, just a little bit over a year later in Rutherford Co TN where Nick and his 2nd wife Ruth Caskey Balthrop were living.   He was employed by Consolidated Products of Danville Illinois.  There was a statement from Rutherford Co. dated 1952 with the copy of the will stating the date it was proved in Rutherford Co TN. (see below) and I believe his will is on file with the Dickson Co. Court because it was needed in order to prove ownership of lands or inheritance.

It appears that the Balthrop family was in Virginia as early as late 1600s.  They were in the Westmoreland Virginia area and by 1750s were in Warren Co NC. William Balthrop, GG Grandfather of Alvin Nixon Balthrop was the head of the family that came to Dickson TN.  I see where there are many descendants researching this family and  they seem to be plagued by use of the same names over and over again each generation just like I am in my research.  I am including several of the snippets from the will of Alvin Nixon Balthop.  The full will can be seen at Family Search.

"Tennessee, Probate Court Books, 1795-1927," images, FamilySearch-- Dickson > Wills, 1800-1950 > image 1999 of 2261; county courthouses, Tennessee.

Nick owned the following properties which were mentioned in his will
Properties in
Dickson Co TN Yellow Creek 11th Civil District.(1/3 share)
Jefferson Co KY Louisville
Rutherford Co TN property(left to 2nd wife Ruth Caskey Balthrop)

Nick is shown here at age 10 in the 1910 Census(see original census record for more detail)
1910 Dickson Co TN Civil Dist 11 Sheet 4A
Lee Balthrop Head M 44 Tennessee
Rebecka A Balthrop Wife F 30 Tennessee
David L Balthrop Son M 13 Tennessee (Loy)
Alvin N Balthrop Son M 10 Tennessee (Nick)
Mary Balthrop Daughter F 8 Tennessee
Eliner Balthrop Daughter F 5 Tennessee
Armock Balthrop Son M 3 Tennessee (This is Carmack)
Panthea Balthrop Sister F 55 Tennessee

Both Bettye and Roberta passed in August of 2014.

Nick was buried in Lone Oak Cemetery in Lewisburg(Marshall Co.) TN.  I found several of the family members on FindAGrave and suggested edits to link them to one another.

Roane Co. TN --Will of John Rice--April Session of 1815

Reading through some of the Roane County Tennessee court records.  While this John Rice is not in my direct Rice line(to my knowledge) I felt like the information contained within this was post worthy.

Will of John Rice ---Rice attached his seal 22nd September of 1812 & it was declared his last will & testament in the court's April Session in 1815

• Gives his wife Susannah $200 in cash which is to be applied by her to purchase whatever household good and furniture she would like.  He also gives to her one bed and furniture.  
• To William Rice, son of his first wife he leaves $1. 
• His personal and real estate to be equally divided among his children.  
• Leaves to Milly Bartlett a young Negroe whose value will be deducted out of her proportional part of his estate.  
• Betsy & Esau Rice(his grandchildren and heirs of his son John Rice) shall have one equal share between them.  
• Desires that his two old Negroes Jack & Jenny shall not be parted or separated but shall be permitted to live together in the same family.

• Appoints his son Isaac Rice as sole executor
• Witnesses were:  John C. Haley, Henry Matlock & John Williams

"Tennessee, Probate Court Books, 1795-1927," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-195-2071469-1-59?cc=1909088&wc=M6Q7-DMS:179705301,179950601 : accessed 12 March 2015), Roane > Settlements, Wills, 1802-1824, Vol. A > image 46 & 47 of 136; county courthouses, Tennessee.(orig. book pgs 60 & 61.