Wabasha County MN Archives Court.....Sibley, Sr., Joseph C. 1858 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/mn/mnfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Bernie Schwindt schwinty@paulbunyan.net May 14, 2010, 3:39 pm Source: Clerk Of Courts Office, Wabasha County, Mn. Written: 1858 Recorded: 1859 PROBATE FILE # 4774 JOSEPH CHARLES SIBLEY, SR FILED IN CLERK OF COURTS OFFICE WABASHA COUNTY, MN. 55981 Contributed for use in USGenWeb Archives by Bernie Schwindt, schwinty@paulbunyan.net 14 May 2010 STATE OF MINNESOTA COUNTY OF WABASHA State of Minnesota; Turner Preble and Joshua Smith of said county. Greeting, whereas Joseph C. Sibley late of said county, lately died intestate leaving goods, chattels, rights and credits within said county. The Administration whereof hath been given to Nelson B. Smith, Administrator of said estate and whereas we are desirous that said estate be duly appraised pursuant to the statue in such case made and provided. Therefore trusting in your integrity and disinterestedfulness, we have appointed and do by these presents appoint you appraiser of all the estate and effects of said deceased which may be in said county and being severally duly sworn to the faithful execution of said trust, and having procured from the said Administrator a true inventory of all the goods, chattels, rights and credits of said deceased and the said goods, chatells rights and credits being shown and exhibited to you by the said Administrator you are hereby required faithfully and impartially to appraise the same, setting down apposite to each item in said inventory distinctly in figures the value thereof in money as by you determined. And the said inventory and appraisal so made, you will certify and subscribe and together with this warrant deliver without delay to the said Administrator herself fail to report. In Witness where of I have hereunto set my hand and Affixed the seal of said court this 9th day of September A.D. 1858 Benjamin Baldwin, Judge of Probate Know all men by these presents that we, N. B. Smith principal and John E. Hyde and are held and firmly Bound unto Honorable Benj. C. Baldwin, Judge of Probate for Wabasha County Minnesota in the sum of Sixteen hundred dollars, lawful money of the United States to be paid to the said Benj. C. Baldwin or his successor in office for which payment well and truly to be made we find ourselves our heirs, executors and assigns firmly by these presents. In witness whereof, we have hereto set our hands and seals this 9th day of September A.D. 1858. The condition of this obligation is such that where as the above bounden N. R. Smith, has this day been appointed Administrator of the estate of Joseph C. Sibley deceased: Now therefore if the said N.B. Smith shall make and return to the Probate Court within three months from the date a true and perfect inventory of the goods, chattels, rights, credits and estate of said Joseph C. Sibley which shall come to his knowledge or possession or to the possession of any other person for him: to administer according to said all the goods, chattels, rights, credits and estate of said deceased which shall come to his possession or knowledge, and out of the same to pay and discharge all debts and charges chargeable on the same or such division thereon as may be ordered and decreed by the Probate Court; to sender a true and just account of his administration to the Probate court within one year and at any other times when required by the Court to perform all orders and decrees of the said Court, by administrator to be performed, then this obligation to be null and void, otherwise to remain in full force and virtue. Signed and sealed in the presence N. B. Smith (seal) Orville D. Ford John E. Hyde (seal) O. D. Ford (seal) STATE OF MINNESOTA COUNTY OF WABASHA Turner Preble and Joshua Smith the persons named in the foregoing warrant, being duly sworn do solemnly declare and say that each for himself, that he will faithfully and impartially discharge the duties and trust of appraiser of all the goods, chattels, rights and credits of Joseph C. Sibley late of said county, deceased, according to the best of his knowledge, judgment and ability. Joshua Smith Gulielumus Maxwell Justice of the Peace Sworn and Subscribed before me This 29th day of October A.D. 1858 TO THE HONORABLE B. C. BALDWIN, JUDGE OF PROBATE WITHIN AND FOR THE COUTY OF WABASHA; The subscriber respectfully represents to your Honor that Joseph C. Sibley lately of Mazeppa in said county has lately deceased; that said Sibley had while alive and at the time of his death, estate in said county; that his widow and next of kin have neglected & refused to take out letters of administration; that said Sibley has been dead more than thirty days; that the subscriber is one of the principal creditors to his estate. Wherefore the subscriber requests of your Honor that letters of administration may be granted to him or to some such other person that you may think proper. Dated this 29 day of July A.D. 1858 N.B. Smith APPRISAL OF ESTATE OF J.C. SIBLEY one cow 19.00 one yearling heifer 15.00 one calf 5.00 one fat hog 12.50 one fat hog 10.00 one shoat 4.75 spade & shovel 4.60 grind stone 1.50 crowbar 1.75 scythe & swath .50 bench screw .25 drag 4.00 oats 5.00 50 bushel corn 17.50 50 bushel poor corn 5.00 Tool chest 3.00 Set carpenter tools 39.40 Hale of wagon 10.00 Adz 2.50 Pair hollow & rounds 2.50 Plow 7.50 Chain 3.00 We the undersigned hereby certify the above to be a true copy as appraised by us. Simon Preble Joshua Smith, Appraisers MAZEPPA, WABASHA COUNTY, MINNESOTA The undersigned having been appointed by the Hon. Judge of Probate Benj. C. Baldwin, commissioners in the matter of the estate of Joseph C. Sibley deceased, have attended to the duty assigned to them, beg leave to make the following report; The following accounts have been handed in & allowed viz; C.H.Sibley $29.50 Dr. O. F Soul 10.50 N.B. Smith 18.69 J. E. Hyde 4.90 Also the following notes, viz; $39.50 Holmes and Martin’s given July 22, 1856 $160.56 N.B. Smith with interest given at 2% per month given May 15, 1857 $9.85 John E. Hyde with interest at 3% per month given Sept. 28, 1857 We believe the above accounts & notes to be correct, according to the best evidence and information we can obtain. The account of C.H. Sibley has an offset in J.C. Sibley’s favor to the amount of $37.45 in books belonging to the Estate and submitted to our inspection. Estate of J.C.Sibley J. E Hyde & G. Maxwell for service and com’s 2 days each John E. Hyde G. Maxwell, Commissioners STATE OF MINNESOTA COUNTY OF WABASHAW In Probate to the Honorable Judge of Probate of said county, The petition of N. B. Smith respectfully shows to this court that Josoeph C. Sibley, late of Mazeppa in said county, died on or about the twenty third day of June last, intestate as your petitioner believes no last will and testament having been found or being known to exist, that the said deceased left goods, chattels and estate in said county to the probable amount of eight hundred dollars. Debst due to various persons, that the said deceased left a widow and relatives in this county who have neglected and refused to apply for administration on said Estate. And that the said petitioner is a creditor of said deceased. Therefore we pray that he be appointed Administrator of Estate of said deceased. Subscribed & sworn to before me This 11th day of August A.D. 1858 N. B. Smith G. Maxwell Justice of the Peace WABASHAW COUNTY MINNESOTA Madam Here you find a copy of the report of the Commissioners appointed on the Estate of J. C. Sibley; the following accounts were allowed; C H Sibley $29.50 Dr. O S Soul 10.50 N B Smith 18.69 J E Hyde 4.90 Also the following notes; Holmes & Martin dated July 22, 1856 $39.50 N. B. Smith dated May 15, 1859 interest at 2% per month, $160.56 John E. Hyde dated September 28, 1857 The account of C H Sibley has an offset in J. C. Sibley’s favor to the amount of $37.00 in Books belonging to the Estate. This being all the information that I consider exists in regard to the Estate Yours with Respect G. Maxwell STATE OF MINNESOTA COUNTY OF WABASHA In Probate Court, to John E. Hyde & G. Maxwell of said county, Greetings; Whereas letters of Administration on the Estate of Joseph C. Sibley late of said county deceased have been granted by our Probate Court of said county to N B Smith of said county, administrator of said Estate. We, therefore deeming you suitable persons have appointed and do hereby pursuant to the statutes in such case made and provided appoint you Commissioners with full powers to receive examine and adjust all claims and demands of all persons against said deceased and six months from and after the date hereof having been allowed and limited for creditors to be sent their claims you are required to appoint convenient times and places where and when you will meet for the purpose of examining and allowing said claims and within sixty days from the date hereof to make known the times and places of your meeting and the time limited to creditors to present their claims by posting a notice thereof in fine public places in said county and by publishing the same at least four weeks successively in the Wabasha County Herald , a weekly newspaper printed at Reeds Landing in said county. And being duly sworn to the faithful discharge of your duties you are by virtue of the statute in such case made & provided severally authorized to administer in this to parties and witnesses when the same shall be proper or required for the investigation and trail of questions before you, an you may have full power to try and decide upon all claims which by law survive against and in favor of said administrator, except claims for the permission and title of real estate and may examine and allow all demands at their true value at the time of such examination and allowance which may be payable at a future day including claims payable in specific articles and may offset such demands in the same manner in favor of said estate and claims in offset are exhibited by said administrator you will ascertain and allow the balance against or in favor of the Estate as you shall find the same to be, but no claims barred by the statute of limitations shall be allowed in favor of or against the Estate as a set off or otherwise. And at the explanation of the time limited to as soon thereafter as may be you will make a return to the Probate Court a report of your doings embracing lists of the claims presented or exhibited in office and stating how much was allowed and how much was disallowed, together with the final balance whether in favor of the Creditor or the Estate and you will also state particularly in said report to manner of giving matter to the claimants. In testimony whereof I have hereunto set my hand and affixed the seal of the Probate Court as my office in Lake City, this day of April 11, 1859. Benj. C. Baldwin Judge of Probate File at: http://files.usgwarchives.net/mn/wabasha/court/sibleysr3gwl.txt This file has been created by a form at http://www.genrecords.org/mnfiles/ File size: 12.0 Kb