Garrard CO. KY - Estate of John Withers Submitted by Mary C. Smith carthage42@hotmail.com ESTATE PAPERS: JOHN WITHERS Estate Papers #462 Garrard County, Ky., Will and Inventory Book F, pp. 472-473, 619 and Will Book H, pp. 382-385 [383? written over] Administrator's bond No. 1-93 Inventory, Appraisement, and Sale Bill: May 1831 Widow's Dower Land Allotment: 7 March 1833 Settlement of Commissioners with J. SPILMAN & Estate of J. WITHERS: Recorded February 1834 in Book G, p. 101 Payments 26 March 1834 of Administrator George HEDRICK to: Clarinda ROSE James TAYLOR Nancy WITHERS, Agent for Caroline WITHERS Acknowledgement by Beauford BROWN 3 October 1835 Enos WITHERS for himself and for Gideon WITHERS and Wm. PORTER Supoena 22 September 1835: Enos WITHERS Nancy WITHERS Clarinda ROSE James Taylor and Mariah his wife Buford BROWN and Caroline his wife William PORTER and his wife [Emaliah] Gideon WITHERS Statement by Nancy WITHERS 3 October 1835 Final Settlement 5 August 1836, recorded 18 October 1836 JOHN WITHERS PAPERS ESTATE Jan. 1828 See adr. bond no. 1-93 Jno Withers appraisement May 1831 Recd & ordered Recorded in Book F page 472 An inventory and appraisement bill of the personal estate of John Withers deceased. $ Cts. 1 Negro man named Samuel $100... 1 Plain dining Table 1... 1 Chest 1... 1 Clock reel 1... 11 common old Chairs 1.37 1/2 1 Bed Bedstead & furniture 8... 1 set dog Irons 2... 1 Flax hachel and cotton Wheel 2.50 2 Flax wheels 3... 1 Bureau 2... 1 Dining table 4... 1 old Chest 1... 1 Cupboard & furniture 8... 1 Saw drawing knife Chissels & auger 1... 2 old bedsteads 3... 2 Saddles 12... 2 Kettles 5... 1 Pott & Hooks 2... 1 little oven lid & Hooks .50 1 old oven & lid .25 1 log chain .75 3 old hoes 3 old axes & wedge 3... 3 old ploughs & apparatus 1.75 ? Pair old gear .75 $164.871/2 1 Weavers Loom 3... 1 White & red (?) Cow 4... 1 Red Cow 5... 1 another do 3... 1 red Heifer 2... 1 white face Heifer 2... 17 head of young Hogs 9... 1 old bale ? [crossed out] 10... [crossed out] 1 Brown mare 25... 1 Black horse 25... 1 bay mare colt 12... 2 young Cattle 2... 17 head of Sheep 8.50 ______ 110.50 164.87 1/2 __________ 275.37 1/2 23 head of Geese 2.62 1/2 6 small stacks rye 7.00 ____________ 275.00 [$285 corrected to show crossed out item] Appraisers: Joseph Back John Askins Williamson G. Mullins Ja. Spilman Admr. Garrard County Sct May County Court 1831 I James H. Letcher clk of the County Court for the County aforesaid do hereby Certify that the foregoing appraisement bill of the Estate of John Withers was produced to Court Approved & ordered to be recorded and the Same is done accordingly. Teste James H. Letcher Clk *************************************** Commissioners' for Report Widow & heirs of John Withers, Decd Apl Court 1833 Recd & ord. Recorded in will and Inventory Book F Page 619 March 7th 1833 In obedience to an order of the Garrard Cty. Court made at the last term of said court, we the undersigned coms. proceeded to divide off and allot to Nancy Withers, widow of the late John Withers, Decd. her dower in the land of said decedent. There are 52 105/160 acres of land; the figures in the margin show the form [drawing at side of page]. As there are only 6 acres of forest or wood land, the commissioners, in order to allot to the widow part of said wood, were compelled to give her two detached parcels; one on the Eastern, and the other on the Western end of said tract. The Eastern parcel contains 15 65/160 acres upon which is the dwelling house, and is bounded as follows, viz: Beginning at A. S, a sassafras & stake in Buford's North-Eastern line. Thence South, 60° Eeast 53 6/10 poles along said Buford's line to B, a stake, near the road. Thence North 6 1/4° West 30 1/4 poles along the line of Jos. Back to C, a forked white oak. Then North 16° West along Jos. Back's line 22 poles to D, a stake. Thence North, 31° West, along said Back's line 60 poles to E, a dogwood and stake. Thence South 4 1/2° West, along the land belonging to the heirs of said decedent, 77 poles to the Beg'g. The Western parcel contains 2 acres and has on it the timber or wood land. It is bounded as follows, viz: Biginning in said Buford's line at G, a sugar-tree and dogwood. Thence South, 60° East along said line, 60 poles to h, a stake. Thence North, 47 1/2° West, along said heirs' line, 47 poles to i, a stake, or stone, in Wm. Dismux's South line, and near two blazed dogwoods. Thence South, 83° West, along said line, 17 poles to the Beg'g. The land, lying between the widow's two parcels is undivided. C. K. McCoy Survr. K. McCoy D. Thompson Comrs. John Askins ??? [name cut off on copy] State of Kentucky Scd? Garrard County I James H. Letcher Clerk of the County Court in and for the County aforesaid do certify that the foregoing Dower of the Widow and the Heirs of John Withers, deceased was produced to the April County Court of 1833 and ordered to be recorded and the same is truly done. Attes James H. Letcher C C **************************************** Jno Withers Sale Bill May 1831 Recd & ord. Recorded in Book F page 473 Sale bill of the estate of John Withers, Decd one Negro Man hired by Nancy Withers $ 15.00 one Table 11 Chairs & 1 Chest purchased by Nancy Withers 2.57 One Bed & Furniture & 1 Rial (?) Same Same 6.26 One Hackle 2 Flax wheels & one Bureau Same Same 3.26 one Table Chest Cupboard & Furniture Same Same 10.53 Two Bedsteads 2 Saddles a parcel of tools Same Same 14.26 one pot one kettle 2 ovens and axe Same Same 4.89 1/2 Two plows Gear etc. Same Same 3.39 One horse & Two Cows Same Same 33.03 one axe wedge Stretcher & 3 hoes Same Same 1.89 1/2 1 horse 17 Hogs 5 Sheep Loom(?) 11 Geese Same Same 50.17 1/2 1 cotton wheel 1 Kettle Log chain purchased by John Rose 4.62 1/2 Two stacks of Rye 1 Bedstead Same Same 5.02 one plow 2 Earlings 12 Geese purchased by James Taylor 6.06 3/4 one Colt and Axe purchased by John Tuley 5.37 1/2 2 Hugers purchased by John Kemper 3.50 one cow & 5 Sheep purchased by William Taylor 7.00 7 Sheep purchased by John Ison 4.00 2 Stacks of Rye purchased by Joseph Scott 4.56 1/4 2 Stacks of Rye purchased by Joseph Scott 4.31 1/4 one Note on Wilham Ison balance due 1.25 one do on Joseph Back & Joseph Newton 9.58 one do on Wm. Dismukes 1.00 one do on Enos Withers 60.00 one do on Joseph Back 4.00 To the hire of a Negroe Man Sam for 1829 20.00 To do do for 1830 25.06 1/4 To do do for 1831 26.00 ________________ Ja. Spilman Adm Garrard County Sct May County Court 1831 I James H. Letcher Clk of the County Court for the County aforesaid do hereby certify that the foregoing Sale Bill of the Estate of John Withers, decd, was produced to Court approved & ordered to be recorded and the same is done accordingly. Attest James H. Letcher cc ********************************** Settlement of Commissioners with J. Spilman & the Estate of J. Withers Feby 1834 Recd & ord. Recorded in Book G page 101 Charged The undersigned, Appointed Commissioners by the Garrard County Court at their - Term 1833 to Settle with [marked out: "James Spillman"] the Executors of James Spilman decd. who was Admr. of John Withers decd. report as follows, to wit -- The Admr. to the Estate of John Withers Dd. To Amount of Sale bill and 6 years Hire of Negro man $313.95 To Amt of Enos Withers note 60.00 Interest on Sale bill 55.91 Interest on the hire of Sam for 1829 4.80 do do do " 1830 4.50 do do do " 1831 3.12 1/2 do do do " 1832 1.56 do do do " 1833 .15 ___________ $443.99 1/2 The Adms. Cr. c By No. 1 Clerks fee bill .91 " " 2 George Hedricks Rect. for 20.00 " " interest thereon from 30th Nov. 1830 - to this date 3.83 " " 3 James Taylor rect. $23 and Interest $3.45/100 26.45 " " 4 Enos Withers rect. 42.50 " " 5 Doct Mullins a/c $19 25/100 interest $5.64 24.89 " " 6 Tracys rect. -- 37 1/2 c. Int. 25 c. 1.12 1/2 " " 7 Haskins rect. $2 -- Int 60 cts. 2.60 " " 8 Hedrick's rect. $9 - Interest 1.00 c. 10.00 " " 9 Rose's rect for his interest in the amt of Sale bill and hire up to 1830 29.80 ____________ $ 162.10 1/2 By amt brot forward $ 162.10 1/2 By No. 10 - Nancy Withers note for hire of Sam for the year 1832 for $26.06¼/100 Interest $1.69/100 27.75 " No. 11 ballance due on Nancy Withers note princ & interest up to this date 94.13 __________ $ 283.98 1/2 Administrators fee Commission of $50 Commissioners fees 2 52.00 ___________ $ 335.98 1/2 Amt. of Sale bill brot forward Balance due the Estate of John Withers decd. 108.01 Davis Thompson K. Mc.Coy Coms. I James H. Letcher Clerk of the County Court in and for the County afsd. do certify that the foregoing Settlement of Commissioners with J Spilman & the Estate of J. Wethers was produced to Court Feb 1834 and ordered to recorded and the same is done accordingly. *********************************** RECEIPTS George Hedrick is the admr. of John Withers dec. and must pay the within. James H. Spilman ** Recd. of George Hedrick Admr. of John Withers decd. Five doles 07 ct. in full of my proportion of the assets in the hands of Sd. Admr. -- the above named assets being the amount due and pd. to Sd. Hedrick from Spilman former Admr. -- witness my hand etc. on the 26 March 1834 Clarenda Rose [signed in own hand] Witness Davis Thompson ** ($14.77 1/2) Recd. of George Hedricke admr of John Withers decd. Fourteen Doles 77¢ it being in full of my proportion of the assetts in the hands of Sd. Admr. also Thirty one Doles 69 1/2 cts. in full of Wm. Porters proportion of Sd. Assetts in the hands of Sd. Admr. also Thirty One Dolears 09 1/2 cts. in full of Gideon Withers proportion of Sd. Assetts in the hand of Sd. Admr. Sd. Porter & Sd. Gideon having transfered their interests to me -- the whole amt. including my own interest being $77.56 1/2 Witness My hand etc. the 26 March 1834. The above assetts being the amt due & pd. over to Sd. Hedrick by Spilman former Admr. Enos Withers [signed in own hand] Witness Davis Thompson Nancy Withers Statement an Oath No. 2 Garrard County to witt We do certify that Nancy Weathers this day personally appeared before us and made with that She Knew that Ennis [sic] Weathers had purchased of William Porter and Gideon Weathers all their interest in the personal and real estate of John Weathers, Deceased and that he had a transfer in writing to that effect this the third Day of October 1835 given under our hand, as two of the Commissioners appointed by the County Court of Garrard County to state and settle accounts with executors etc. upon settlement the day and date above mentioned. R D Lusk N. Burdett ** Recd. of George Hedrick Admr. of Jno. Withers decd. Thirty Dollars ? it being in full of my proportion of the assets in the hands of sd Admr. -- my proportion being the one Sixth part of Sd. estate witness my hand etc. the 26th March 1834. The above mentioned assets from the amt due and pd. to sd. Hedrick from Spilman, former Admr. Witness James Taylor [signed in own hand] Davis Thompson ** No. 4 Recd. of George Hedrick Admr. of John Withers decd. Thirty four dollars & 48 1/2 cts in full of Caroline Withers' proportion of the Assets in the hands of Hedrick Admr., her proportion being the one Sixth part of sd. estate. Witness my hand and seal on the 26th March 1834. The above mentioned assets from the amt due and pd. Geo. Hedrick from Spilman former Admr. her Nancy (X) Withers mark Agent for Caroline Withers Witness Davis Thompson ** No. 4 I do recognize the receipt of the within by my wife as correct and make the same my own given from under my hand this the third day of October 1835. Beauford Brown [signed in own hand] Attest R D Lusk ** Received of George Hedrick Administrator of John Weathers Deceased $10.93 it being my thirds for the hire of Sam in 1834 this the 3 day of October 1835 also nine dollars more for the hire of Sam a boy & Col for the year 1835 this day and date above mentioned. her Nancy (X) Weathers mark Beauford Brown ** fee bill 1834 No. - 6 Allowed Recd. of George Hedricks Administrator........ of the estate of Jno. Withers Decd. sixteen dollars our full proportion or the amt that is in the hands of sd. Hendrick for the rent of the land and hire of Saml. for the years 1834 & 1833 each share being eight dollars Given under our hands this this 3rd Day of Octr. 1835 Clarinda Weathers Beauford Brown Witness R D Lusk ** George Hedrick Dr. Feb. 1834 To the Clerk of Garrard County Court For copying settlement of Commissioners with J Spilman ..? .25 1833 Recording last settlement & orders 1.30 Received Payment ________ $1.55 J. H. Letcher Clk CC ** No. 6 James H. Spilman & K. McCoy, Exec. of J. Spilman To Clerk Garrard County Court Dr. 1834 Ord. Comrs. to settle with the Estate of James [sic] Withers 18 copy 122 (?) ...30 1/2 ord. to record same ...18 Recording same ...35 ___________ CC. J H Letcher Ck $..83 1/2 ** The Commonwealth of Kentucky to any constable of Garrard county greetings Whereas George Headrick Admr. D.B.N. of the estate of John Withers Decd. made applications for a settlement, as Admr. with the Comrs. You are hereby commanded to Summon Enos Withers Nancy Withers Clarinda Rose James Taylor & Mariah his wife Buford Brown & Caroline his wife William Porter and his wife, & Gideon Withers to appear before the Court of accounts for Garrard County to attend said settlement at the house of Mrs. Spilman on the 3rd Day of Octr. next and this they shall in nowise omit under the penalty of law Given under my hand as one of the commissioners, this 22nd Day of Septr 1835. Nelson Burdett Comr. Extd. on Jams Taylor the 28 Sept 1835 N (?) Burdett CGC Extd. on Nancy Withers & Clarinda Rose 29th of Sept 1835 F. B. Mayfield CGC Extd on Buford Brown Oct 2nd 1835 F. B. Mayfield CGC ********************** George Headricks D B N of the estate of John Withers Decd. -- Amt due upon a settlement made by Davis Thompson and K. McCoy $108.88 Cash recd. of Mrs. N. Withers 62.50 1/2 of Note on Nancy Withers for the hire of Saml. and rent of land for 1834 due 3rd of Decr. 1834 46.75 Intst Same to 3rd of October 1835 2.33 1/2 Rent of land to E. Withers for 1835 19.25 Hire of Saml. to James Taylor for 1835 due Decr. 1835 27.00 _________ $ 266.72 Contra Cr. By cash paid Clarinda Rose pr. voucher No. 1 5.07 Do Do Enos Withers pr. Do No. 2 77.56 1/2 Do Do James Taylor Do Do 3 30.82 1/2 Do Do Caroline Withers " Do 4 34.48 1/2 Do Retained by G. Headrick Adm as his full proportion of the assets recd. from the Extrs of James Spilman Decd. who was the former Admr. of said Jno. Withers Decd. 23.44 Cash pd. Mrs. Withers pr. Voucher No. 5 19.93 Do for the Clerk Do No. 6 2.38 Commissioner serving one day 3.00 Cash paid the constable for Extd Spa No. 7 1.00 Allowance to Admr. for Comrs. etc. 13.00 By amt Brought over 210.69 1/2 Cash paid B. Brown and C. Rose or Withers pd. Voucher No. 8 16.00 Amt retd. by Admr for his proportion as one of the heirs 8.00 Amt pd. E Withers pr. Voucher No. 9 24.00 ____________ $ 258.69 1/2 Garrard County Sct. We the undersigned commissioners of accounts for Garrard County being called upon by George Headrick Admr. debonis now of the estate of Jno. Withers Decd. met on the 3rd Day of October and the heirs who reside in the county being notified of the time and place proceeded to state and settle the accounts of said Admr. except Voucher No. 9 which was this day produced, and present the foregoing as a full and fair statement. We find from the foregoing statement that the Admr. has rec. in his hands to be administered the sum of $8.02 1/2 as appears from the foregoing statement Given under our hands this 5th day of Augt 1836 Nelson Burdette Comrs. R. D. Lusk ************************** 462 J. Withers, Admr. Settlement 1836 Augt 15t pro duced to Court Oct 18 ordered Recorded Will Book H at page 382-385 [383? written over] Fee $1.28 Paid State of Kentucky Sct Garrard County I certify that the foregoing settlement of the Estate of John Withers was produced to court on on the 15 day of August 1836 and contd. and afterward on the 18 day of Oct 1836 again exhibited in Court and approved and ordered to be recorded and the same together with the vouchers therein filed is truly entered of record. Alex R. McKee Clk (Transcribed by Mary C. Smith from photocopies provided by the Garrard County Court, Lancaster, Ky., with additional thanks to Kathy Vockery. Some of the items in the file were too faint to be read.) ******************************************************************* USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Submitted by Mary C. Smith carthage42@hotmail.com *******************************************************************