James Parker Sr.----->-----James Parker Jr.----->-----Delilah Parker + + + Leah (Mason) Mary (McKnutty) John Finton----->-----Go to Finton Family Page |
Clermont County Ohio Will Book C, Pages 6-9
Williamsburgh October 4th 1821
At a special meeting of the associate Judges of the Court of Common Pleas for the County of Clermont held at the Court House in Williamsburgh on the 4th day of October One Thousand Eight Hundred and twenty one ~ Present The Honorable Alexander Blair, John Movies and Philip Gatch Esquires associate Judges. & David C. Bryan Clerk.
This day the will and testament of James
Parker
late of this County decd.. was produced in Court, at the same time came
George
Ely, William Boyd and Eliel Boyd, three subscribing Witnesses thereto
who being
duly sworn depose and say that they signed their names as Witnesses to
said
Will in the presence and at the request of the testator, and in the
presence of
each other, and that the said testator in their presence, signed
published and
pronounced the Same to be his last will and testament, and that they
believed
the said James Parker to be of Sound and disposing Mind Memory and
Judgmt.at the time of Signing and pronouncing the
same~ Where upon ordered, Said Will be
Recorded. Will to wit ~~
In the name of God amen. I James Parker of the County of Clermont and State of Ohio being weak in Body but of Sound and perfect mind and memory blessed be almighty god for the Same, do make and publish this my last will and testament in Manner and form following ( that is to say)
First, I will my soul to God who gave it and my body to the earth to be decently interred.
Second, I will and bequeath unto my beloved wife Leah Parker, the following Sumes and privileges as will appear, first James Parker my son, which will be known in this will shall give to my said wife Leah, ten pounds of wool yearly, during her widowhood. And further that my wife Leah Parker shall have to Sole use of the place where I now reside Containing one hundred acres more or less for the bringing up of the Children: William, Rebecca and Abel Parker my heirs as will appear until the Youngest becomes one and twenty years with age, if she shall continue to be my widow and still to have her maintenance while my widow during her natural life of Said premises or so much as to make her comfortable, all which she takes in lieu of her dower. I also will and bequeath unto Jarusha Parker my daughter one hundred and fifty dollars to be paid in one year after my decease by my executors out of my moveable property. I also will and bequeath unto my youngest daughter Rebecca Parker one hundred and fifty dollars to be paid out of my moveable property by my executors when she may arrive at eighteen years with age. I also will and bequeath unto James and William Parker my sons all that Survey I bought of William Lytle Containing one hundred and fifty acres of land, in the name of James Johnson’s survey No. 5252 and the same to be divided between James and William Parker as follows, first that said survey be divided equal and in as good a form as possible so as to leave James Parker that part where the building now is, then the balance to William Parker, to balance so that they will have share and share alike as to number of acres, and further It is my will that James and William Parker my sons have all the balance of the moveable property equally between them after paying Jarusha & Rebecca Parker their legacy one hundred and fifty dollars each, exempting as will hereafter be named. I also will and bequeath unto my son Abel Parker one hundred acres of land where I now live as be the same more or less out of James Gray’s Survey No. 1116 and deeded to me by James Taylor for to take possession at the years of one and twenty years with age, with the incumbrances as before specified in regard to the maintenance of his mother, also three feather beds and bedding and all kitching and household furniture. I also will and bequeath unto my daughter Lydia Bauldwin formerly Lydia Parker one dollar in the year after my decease paid by my executors out of my moveable estate. And further I also will and decree that if any one of named Jarusha, Rebecca, James, William & Abel should decease without an heir or intestate, that their portions which is now left them before receiving the same shall be equally divided amongst the surviving heirs as is there named. And I further will and appoint my loving wife Leah Parker & James Parker, my eldest son my administratrix and administrator of this my last will and testament, hereby revoking all former wills by me made ~ In Witness whereof I have hereunto Set my Hand and Seal the 30th day of July in the Year of our Lord one Thousand Eight Hundred & Twenty one ~
Signed sealed and published by the above JAMES PARKER (seal)
There was an
interesting dispute regarding the administration of the estate and a
suit files against heirs: Thanks to J Long for copies.
Clermont County Court of Common Pleas, April Term A.D. 1834 Pages 414-421
Pleas held before the honorable John W. Price president Judge and Robert Haines, Israel Whitaker and John Emery Engrum associate Judges of the Court of Common Pleas at the Courthouse in Batavia for the County of Clermont at the Term of April A.D. 1834.Be it remembered that heretofore to wit on the 18th day of October A.D. 1831 the Complainant by Owen T. Fishback Esq. his Counsil filed here in our Clerk’s office the following petition in chancery to wit, to the Honorable the Judges of the Court of Common Pleas in chancery setting within and for the County of Clermont-- Humbly complaining your orator William S. Patterson respectfully therewith upon your honors that on the 10th day of December in the year 1821 he executed a bond as security for James Parker and Leah Parker who were appointed administrator and administratrix with the will annexed of James Parker then dec’d and which said bond is payable to John Kain as Treasurer of the County aforesaid in the penal sum of one thousand dollars and which said bond has a condition thereunder written to become void if the said James and Leah should well and truly perform all the duties of administrators with the annexed as required of them by law on the estate of the said James Parker dec’d. Your orator further shareth that on the __ day of March in the year 1822 at the County aforesaid the same James Parker administrator as aforesaid in consideration of the execution of said bond by your orator and one John Chambers as security as aforesaid for the same James and in further consideration of the sum of one hundred dollars as impressed by Indenture bearing date as last above stated by and between said James of the one part and your orator and the said John Chambers of the second part did grant bargain sell infroff and confirm unto them the said William S. Patterson and the same John Chambers their heirs and assigns forever all that certain tract parcel or piece of land situate in the County of Clermont aforesaid on the east fork of the Little Miami part of a survey in the name of James Johnson No. 5252 it being the undivided half of one hundred and fifty acres and which was conveyed by William Lytle to said Testator and which was divided by said testator to the same James Parker and William Parker his sons to be divided between them share and share alike as to the number of acres in as good a form as possible so as to leave James Parker that part with the buildings then were but for greater certainty as to the description and locality of said land your refers to and prays that the same Indenture or a copy thereof ( the original being lost or mislaid and without the power of your orator ) together with a copy of the will and testament of said testator may be taken as a part of this his will Indenture referred to us the will to wit: “ This indenture made this twenty fifth day of March in the year of our Lord one thousand eight hundred and twenty two between James Parker of the County of Clermont and State of Ohio of the one part and William S. Patterson and John Chambers of the County and State aforesaid of the other part, Witnesseth that the said James Parker for and in consideration of the sum of one hundred dollars to him in hand well and truly paid by William S. Patterson and the said John Chambers the receipt thereof is hereby acknowledged have granted and sold by these presents do grant bargain and sell infroff and confirm unto them the said William S. Patterson and the said John Chambers their heirs and assigns forever all that certain tract parcel or piece of land situate in the county of Clermont aforesaid on the waters of the east fork of hte Little Miami being the one half of a survey of land conveyed to James Parker aforesaid by William Lytle containing one hundred and fifty acres and by him the said James Parker deceased devised by his last will and testament unto his sons William Parker and James Parker (the present grantor) the said James to have the half on which the buildings are erected, which will appear by reference to said will and all the estate right title claims and demand of in or to the same together with the improvements privileges and appertenances to the same belonging or in any wise appertaining to have and to hold the aforesaid premises with the improvements and appertenances to the only proper use benefit and behoof of them the said John Chambers and William S. Patterson their heirs and assigns forever and the same James Parker for himself and his heirs executors and administrators doth hereby covenant and agree to and with said William S. Patterson and the said John Chambers that he is the true and lawful owner of the hereby granted premises with their appertenances and every part and parcel thereof against themselves and their heirs and against every person or persons whomsoever will warrent and forever defend by these presents -- Provided always nevertheless and it is the true intent and meaning of the parties to these presents that whereas the said William S. Patterson and the said John Chambers did in open court enter into and acknowledge bond with the said James Parker Executor and Leah Parker Executrix of the same James Parker deceased conditioned for the faithful discharge of the duties incumbent on the same James as Executor and Leah as Executrix of the said last will and testatment of the said James Parker decd. now if the said James Executor as aforesaid and the same Leah Executrix as aforesaid shall in all things faithfully do and perform the duties enjoined upon them by the obligation of said bond be kept clear and free from lossor traceable on account of their entering security as aforesaid then this indenture will be null and void otherwise to remain in full force and virture. In testimony whereof the said James Parker hath hereunto set his hand and seal the day and year first written, James (his mark) Parker (seal) Signed sealed and delivered in presents of A. Blair, Henry Rust, State of Ohio Clermont County (seal) before me the undersigned, one of the associate Judges of the Court of Common Pleas within & for said County came personally the within named James Parker and did acknowledge the foregoing Indenture to be his act and deed for the uses and purposes therein granted. In testimony whereof I have hereunto set my hand and affixed my seal this twenty sixth day of March Anno Domini Eighteen Hundred and Twenty Two. Alex. Blair Associate Judge” To which said indenture there is annexed a proviso in which reference is had the said bond executed by your orator and the said John Chambers, Leah Parker and the said James Parker as aforesaid and whihch said proviso substantially concludes as follows that if the said James Parker as administrator as aforesaid and the said Leah Parker as Executrix as aforesaid should in all things faithfully do and perform the duties impaired unto the obligation of said bond, the bond entered into by them as aforesaid, so that the said John Chambers and your orator should be kept clear and free from all loss or trouble on accounty of them ( your orator and the said John Chambers) entering as security as aforesaid for them the same James and the same Leah as aforesaid then the said indenture to become null and void otherwise to remain in full force and virture. Your orator would further then show unto your honors that the said James Parker and Leah Parker have failed and refused to fulfil all the duties incumbent upon them as administrators of the will annexed of the said James Parker decd. But to the contrary have greatly wanted the estate of the said testator insomuch as that they have converted the assets thereof to their own use and wholy failed and refused to pay to one William Parker the sum specifically devised to him by said Testator although assets came to the hands of the said James and Leah ful and sufficient to enable them to pay said legacy, the said William Parker on the ___ day of __ in the year ____ caused suit to be commenced before this honorable Court in the name of John Kain for his use against the said Leah in said land the said James her coadministrator and the said John Chambers having departed this life on the __ day of ___ in the year ___ and at the April Term of this Court in the year 1830 Judgement was rendered against the said Leah for the penalty of said bond to wit one thousand dollars and that execution should issue thereon for the sum of one hundred and seven dollars and eighty one and a half cents together with the sum of ten dollars and eighty nine cents for the costs necessarily expended in the procedures of said suit which said sum of one hundred and seven dollars and eighty one and a half cents is the sum due the said William Parker of said legacy which said Leah and James had failed and refused to pay as by law they are bound to do. Your orator would further show that afterwards to wit on the 24 day of May in the 1830 execution accordingly issued from the Clerk of this Court against the said Leah as survivor & for the satisfaction of said sum of one hundred and seven dollars and eighty one and a half cents together said costs and afterwards the Sheriff of said County into whose hands said writ was delivered returned the same with the indorsement shown as follows “ no goods lands or tenements to buy” and afterwards on the __ day of __ in the year 1831 the said William Parker earned his certain writ Scise farias to be issued as aforesaid against your Orator requiring him to show cause if any he could why he should not be made a party To said judgement rendered against the said Leah on the said bond your Orator being utterly unable to show any cause as required judgement was rendered against him at the last Judge Term of this Court making him a party to said judgement for the satisfaction of said sum of one hundred and seven dollars and eighty one and a half cents together with said costs and additional costs on said Scisefarias, and your Orator would further show that for the purpose of saving additional expense and for the purpose of complying iwth the judgement of this Court against him as aforesaid on the __ day of __ in 1831 at the County aforesaid he paid to said William Parker the amount of judgement and costs as aforesaid and your Orator would further show your honors that the said James Parker the coadministrator of the said Leah departed this life as aforesaid leaving Mary Parker his widow and three infant children to wit Caroline Parker, Delilah Parker and Leah Ann Parker his only heirs and legal representatives the said Mary the widow of the aforesaid James has since intermarried with one Thomas Thornsburgh both of whom your Orator prays will be made defendants to this bill together with said infant children and your Orator would further show unto your honors that the said James Parker died intestate and the administration of his estate was on the __ day of __ in the year ___ by the Court aforesaid lawfully committed to one Nathaniel Sweet whom your Orator also prays may be made a defendant to this his bill your Orator would further show that there is now justly due to him the full amount of the said judgement to which he has been made a party as aforesaid to wit the said sum of one hundred and seven dollars and eighty one and a half cents together with all the cost necessarily occuring in the prosecution of said suits and the rendition of said judgements amounting to the whole to ___ dollars exclusive of the costs interest due your Orator therein from the time of payment and your Orator had hoped that the said defendants or that said administrator of the estate of said James Parker would have paid the same without further trouble or litigation. But now it is, may it please your honors to be informed the said defendants combining and confidensiting with each other and with diverse of other persons to your Orator unknown but whose names were discovered your Orator prays they be made defendants to this bill with afterwords to contriving how to injure and defraud your Orator of his just debt aforesaid have actually declined and refused to pay the same or any part thereof and have put off your Orator from time to time with many frivilous pretenses and excuses all which acting and claimings of said defendants are contrary to equity and good conscience and are manifultly tent to the injury and oppression of your Orator in tender consideration whereof and for as much as your Orator is wholly remediless in the promises in and by the said rules of the common law and only and properly retenable in equity where matters of the kind are only cognizable to the end thereof that the said defendants upon their unposted oath full true and perfect a(nd ever?) make to all and singular the alligations herein as set forth and fully and particularly as if the same were herein again set forth and reported by May of interrogations, and that said defendant may come to an account with you Orator touching the sum do to him on the fixed if said mortgage and may be drenced to pay you Orator by a short day such sum as shall upon such account appraiser to be due and oweing to your Orator for his principal interest and costs expended by him as aforesaid or in default thereof that the said mortgaged premises may be let up to be sold by the proper officer of this Court and that your Orator may be paid out of the money arising from the sale thereof the sum found due and oweing his as aforesaid and that the said defendants may in such case be barred and foredorsed absolutely of and from all manner of equity of redemption of said mortgaged premises and every part and parcel thereof and grant to your Orator such other andf further relief as the nature of his case may require and as in duty bound he willl ever pray to William S. Patterson Fishback sat. for compt. amt on the said 18th day of October 1831 there was issued out of our Clerk’s office the following writ to subpeona to wit “ The State of Ohio Clermont County Ss To the Sheriff of the County of Clermont, Greeting. We commend yo uthat your summonse Nathanial Sweet, Thomas Thornsburgh and Mary his wife, Caroline Parker, Delilah Parker and Leah Ann Parker to appear before the Judges of our Court of Common Pleas at the Court House on the fourth Monday of October Inst. to answer a petition in Chancery exhibited against them by William S. Patterson and this they shall in no wise omit under the penalty of one thousand dollars and have then there this writ witness the honorable George P. Torrence Esq. President Judge of our said Court at the Court House this 18th day of October 1831 M. A. Bryon Clrk.” On the back of which said writ was endorsed the Sheriff’s return to wit “Oct 18th 1831 then showed Nathaniel Sweet, Thomas Thornsburgh and Mary his wife by reading the others named in the within writ not subpeoned Wm. Curry, Shff” And afterwards to wit at the Term of October 1831 on motion the Court appoint John Wirmer guardian and Cited to defend this suit for the infant heirs of James Parker deceased rute for answer in sixty days and cause continued and afterwards to wit on the 17th Day of February 1832 the said guardian filed here in our said Clerk’s office the following answers to wit: “ The seperate answer of Caroline Parker, Delilah Parker and Leah Ann Parker infants by their guardian and next friend John Wirmer to a bill in chancery filed in the Clermont Court of Common Pleas by William S. Patterson against them and others. These defendants saving and reserving to themselves now and at all time hereafter every and all manner of benefit of exemption to the errors inaccuracies contained in said bill for answer theretoor to so much thereof as they are advised is material for them to answer answereth and saith that from information they believe to be true that mortgage was executed by their father James Parker as stated in said bill and that their said father together with the said Leah Parker were appointed the administrators of James Senior decd. but these defendants have no knowledge of any of the actings and doings of the said administrators of James Parker Senr. deceased or what default they have been guilty of in the settlement of said estate or what amount may be due the said Complaintent on said mortgage and call on the Complaintent for proof. These defendants having answered all things deemed material for them to answer on said bill deny all fraud and unlawful combination and pray thence to be dismissed with their costs in this behalf most wrongfully sustained and as in duty bound they will ever pray &c The State of Ohio Clermont County Ss. personally before me appeared the undersigned a Justice of the Peace within and for said County the said John Wirmer who made oath that the facts set forth in the foregoing answer as from the information of others he believes to be true and those set forth from his own knowlege are true. Given under my hand and seal this 17th day of February 1832. John Wirmer sworn and subscribed before me this date above. John W. Robinson JP.” And afterwards to wit at the Term of April 1832 This cause came to be knowing upon bills exhibits and the answer of the Guardian ad litem on behalf of the infants heirs of James Parker and as the rest of said defendants having failed to answer said bill as to agreeably to law and the rules of this Court it is therefor ordered that the said bill as to them be taken as confessed and it is ordered adjudged and and decreed that William H. Robinson Abraham Hinbick and Jacob Duckwall be and they are hereby appointed Commissioners who are hereby required to go upon the land and premises described in said bill and mortgage and under oath to be admonished to them by same competent authority impartially to appraise said land and premises and that said Commissioners report to this Court under their hands and seals an estimate of the real value of said land in money and that they make report at the next term of this Court and until which time this cause is continued and afterwards to wit at the Term of August 1832 The Commissioners appointed at the last term of this Court to value and appraise the land and premises described in said bill and mortgage having reported under their hands and seals that they estimate said land to be worth in cash five dollars and fifty cents per acre amounting in the whole to four hundred and twelve dollars and fifty cents two thirds of which amount to more the mortgage money interest and costs. It is therefore ordered adjudged and decreed that the said defendants pay into the hands of the Clerk of this Court within thirty days from the rendering of this decree the sum of one hundred and thirty five dollars & thirty one cents being the mortgage money and interest & costs at law and also pay the costs herein expended and in default of such payment it is further ordered and decreed that William Curry Esq. Sheriff of this County expose said 75 acres of land to publick sale to the highest bidder and that said Curry in conducting said sale be governed on all respects agreeably to the act of assembly regarding Judgements and Executions and that he report his proceedings to this Court at the next Term thereor and the cause is continued. And afterwards to wit at the Term of November 1832 The Court grant leave to the Complaintent to amend his bill and said Sheriff returned the census sold to William S. Patterson and the Court having carefully examined the proceedings of William Curry Sheriff of this County on the said order are satisfied that the sale thereon made is in all respects in conformity to the provisions of the statutes in such cases made and provided. The Court therefore order and direct said Sheriff to make a deed to the purchaser the said William S. Patterson for the land so sold agreeably to the statutes and that the Clerk give a certificate thereof and at the Term of May 1833 cause continued. And afterwards to wit at the Term of August 1833 on motion continued and leave to Complaintent to amend bill received and afterwards to wit on the 9th day of October 1833 the Complaintent by his said Counsel filed here in our said Clerk’s office his ammended bill to wit The amended bill of William S. Patterson in chancery filed in Clermont Court of Common Pleas by him against N. Sweet and others the leave of the Court for that purpose being first said and obtained your Orator would further show unto your honors that the said last will and testament of James Parker Senr he did give and bequeath unto his daugther Rebecca Parker the sum of one hundred and fifty dollars to be paid in the same manner as the said legacy of William Parker and your Orator would further show that allthou assets came to the hands of said Leah Parker and James Parker the executrix and executor of the said James Parker Senr. sufficient to satisfy and pay the full amount of the legacy given to the said Rebecca Parker the same Executors have wholly failed and refused to pay and are insolvent and your Orator being bound as the security for the said Executors have paid off and dischared the amount of the legacy due the said Rebecca since the filing of the original Will in this cause. Your Orator would further show unto your honors that agreeable to the decree of this Honorable Court the land premises contained in said mortgage to your Orator as aforesaid have him sold for the sum of about two hundred and seventy five dollars and twenty five cents. That the command of the decree if favour of your petitioner in account of the legacy of William Parker together with the costs is about is about one hundred and fifty seven dollars and seventy five cents, which would leave a surplus of about one hundred and seventeen dollars of consideration for said land unappropriated. Your petitioner therefore prays that by a decree of your Honors the said surplus money may be appropriated to the discharge of the legacy due the said Rebecca of which has been paid by your Orator there being no other fund or means of the estate of the said Executor or Executrix out of which the same could be paid. He further prays that the said defendants may further answer this his amended bill upon the corporeal oaths and as in duty bound he will ever pray &c Fishback Sol. for Complant. And afterwards to wit at the Term of April 1834 aforesaid this cause coming on to final hearing upon the amended bill and it appearing to the satisfaction of the Court that there is a surplus of money remaining in the hands of the Sheriff arising from the sale of said land over and above the amount do the said Compliantent on account of the legacy due the said William Parker and the Court being further satisfied that said Complaintent has paid the legacy due to said Rebecca Parker from the administrators of James Parker decd. and that there remains nothing to the effects of either of said administrators as of which the said Complaintant can secure full indemnity it is therefore ordered adjudged and decreed that the said Sheriff who made sale of the said land as aforesaid pay to same Complaintant the remainder of the purchase money arising from the sale of said land after the payment of the amount of the original decree in this cause amounting to about one hundred and seventeen dollars and it further appearing to the Court that the order made at the November Term of 1832 directing Wm. Curry Sheriff to make a deed to the purchaser for said land have not been complied with, It is therefore further ordered that William Thomas the present Sheriff make said deed and the parties are hence dismissed. Jno. M. Price Pres. Judge.
Records from Clermont County Clerk’s Office, Batavia Ohio
James Parker Guardianship, Probate Court Microfilm Records, Roll 8, File 1449
guardianship bond #1:
Know all men by these Presents, That we William Wayland and Thomas Kain of Clermont County, Ohio, are held and firmly bound unto the State of Ohio, in the penal sum of Four Hundred DOLLARS, the payment whereof well and truly to be made, we do bind ourselves, our heirs, executors &c jointly and severally, firmly by these presents, sealed with our seals and dated, Batavia, this 14th day of April A. D. 1834. The condition of the above obligation is such that whereas the above bound William Wayland hath been appointed by the Court of Common Pleas for said County, Guardian to Caroline Parker aged 11 years heir of James Parker ---- Now if the above bound William Wayland shall discharge with fidelity the trust reposed in him and render an accurate statement of his transactions, with a just account of the profits arising and accruing from the real or personal estate of his said ward and deliver up the same to the Court