Miscellaneous Probate Court Records, Benton County, Missouri

(Not all of the pages that I had copied have the page number on them, some
just have the “date”. Not all of the records pertain to the Swift family. I
have tried to type them exactly as they were written, but even though I
proofread it there could be typos.) Signed: Eddene (Hightower) Thompson aka
OkieEddy@yahoo.com


Re: Thomas Adams Swift’s being institutionalized:
(First Note by Eddene (Hightower) Thompson, great-granddaughter of John
Rice Swift and his wife, Nancy Jane Wickliffe. My grandfather, Ela Thomas
Swift, was one of the older sons of this couple being born in 1884. He knew
his Uncle Tom Swift. He told of stories that were told locally of Thomas A.
Swift being one of the first Pentecostal preachers in the area before
Pentecostal ministries were locally known much. It was said that he
preached and people would climb into trees to get a better view and some
were known to have fallen down from the trees under the influence of his
preaching. People would “fall under the power” and be in a trance-like
state for periods of time. Soon he began to be called of an unsound mind
for the traditional churches did not have services such as this. Ela never
knew what became of his Uncle Tom Swift. The exact whereabouts of Tom Swift
or of him being put in the Nevada, Mo Hospital were not known by the
descendants. It was not until 1986 when Eddene Thompson and her mother,
Eunice (Swift) Hightower found the following records in the court records
of Benton County, Missouri.)


Page 134
July 26, 1886
Monday, July 26, 1886, Special Session

In the matter of Thos. A. Swift, charged with being insane.
An information in writing having been filed charging Thomas A. Swift with
being of unsound mind and incapable of managing his affairs, and the said
Thomas A. Swift having been notified thereof a special session is this day
called. And the said Thomas A. Swift being present and represented by
counsel a venin facias is issued and the Sheriff acting thereunder returns
into the Court the following Jury:
Jeremiah Arnold, 1; Alex Cunningham 2; G. B . Williams 3; J. A. Davis 4; G.

Monroe 5; Joseph Logan 6; Wm. Thompson 7; H. Cobb 8; B. F. Robertson 9;
Elisha Durham 10; J. Miller 11; and J. F. Davis 12; -twelve good and lawful

men tried and sworn; and testimony having been introduced and counsel
heard, the Jury retire to consider of their verdict and afterwards return
into Court the following:
“We the Jury, find that Thomas A. Swift is of unsound mind and incapable of

managing his affairs. (Signed) B. F. Robinson, Foreman (*Note: the man in
the list of jurors above is written distinctly as “Robertson”, but here it
is distinctly written as “Robinson”.) It is therefore ordered that John T.
Wickliffe is appointed Guardian of the person and estate of said Thomas A.
Swift.
(signed) H. T. Patten, Judge.
(Note by Eddene Thompson: John T. Wickliffe was the father of Robert
Wickliffe who was the Guardian of Thomas’ brother, John Rice Swift and was
also the father of John’s wife.)
=========================
Page 135:
Be it remembered that at the regular session of the August Term, 1886 of
the Probate C court of Benton County Mo began and held at Warsaw on Monday
August 2nd, 1886 H. T. Patten, Judge and H. H. Truman (or Freeman?),
Sheriff being present the following proceedings were had and duly entered
of record.
Monday Morning August 2nd, 1886

In the matter of Last Will and Testament of Herman Eckhoff, dec’d: Ordered
that the last Will and Testament of Herman Eckhoff deceased, proof of which

was taken in vacation, be now approved and further declared to be the last
Will and Testament of the said Herman Eckhoff deceased, and it is further
ordered that the same be recorded.

In the matter of Last Will and Testament of Joseph Harvey, dec’d.
Ordered that the last Will and Testament of Joseph Harvey, deceased, proof
of which was taken in vacation be now approved and further declared to be
the last Will and Testament of the said Joseph Harvey deceased, and it is
further ordered that the same be recorded.

In the matter of Estate of G. W. and Jas. S. Hudson:
Ordered that the appointment of J. C. Hudson as G&C of above named minors
which was made in vacation be now confirmed and that his Bond which is then

approved be still further approved and the same be recorded.

In the matter of Thos. A. Swift, insane:
Now comes John T. Wickliffe, G&C of said Thos A. Swift and files his Bond
in sum of $1500 which is approved and ordered recorded. He also files his
Inventory which is approved and ordered of record.

In the matter of Estate of Nancy Miller, dec’d”
Now comes W. W. Galbraith, Adm’r of said Estate and files his Inventory
appraisement and Sale Bill which are approved and ordered of record.

In matter of Estate of Bettie, Louis, John, Peter, Katie, Willie and Annie
Harms (?):
Bond of Claus Viets, Curator of said minors filed and approved Inventory
also filed and approved and both ordered to be recorded. (end of page)
=========================
Page 143;
1886:
M. T. Morgan as Adm’r of Mary W. Gorshon:
Now at this day comes M. T. Morgan and presents his account for allowance
against said Estate and the Administrator having in writing waived the
service of notice said account being proven is allowed in sum of $10.00 of
5th Class of demands.

Ordered that all settlements whether annual or final due at this term and
not made, be continued to next term and that court adjourn to Court in
course.
(signed) H. T. Patten, Judge.

1886,
Monday, August 16th, 1886= In Vacation

Estate of Thos. A. Swift, insane:
Now at this day comes John T. Wickliffe, Guardian of the person and estate
of said Thomas A. Swift an insane person and asks that his ward be sent to
the State Lunatic Asylum and the Judge being fully advised in the premises
orders that said Guardian Jno. T. Wickliffe proceed at once to place his
ward in said asylum and that he pay for the support and expenses of said
ward therein out of his estate.
(signed) H. T. Patten, Judge.

Monday, September 13th, 1886=In vacation

In the matter of Estate of Herman Vogts, deceased:
Letters of Administration
Now comes Herman H. Kroenke and prays the Judge for Letters of
Administration on said Estate and he having filed the affidavit required by

law and it appearing to the Judge in vacation that said Herman Vogts died
possessed of property of the probable value of $1250.00 and that said
Herman H. Kroenke is competent to administer upon said Estate it is order
that Letters of Administration on said Estate issue to said H. H. Kroenke
upon filing bond in sum of Twenty Five Hundred Dollars which said bond is
forthwith filed and approved. Herman Eckhoff and A. A. Marple are appointed

witnesses to accompany and aid the administrator.
(signed) H. T. Patten, Judge
=========================
Page 156
Dec. 6, 1886
Monday December 6th, 1886=In Vacation
In the matter of Last Will and Testament of Eugene J. Kreisel, deceased
Probate of Will
Now at this day is present the Judge in vacation an ins(trument) in writing

purporting to be the Last Will and Testament of Eugene J. Kreisel --- and
the death of said Kreisel being shown, and the Judge having heard, ___
reduced to writing the testimony of A. G. Huse and W. Wenig, the attesting
(wit)nesses to said will does adjudge that said instrument is the Last Will

(and) Testament of said Eugene J. Kreisel and the same is admitted to
probate.
(signed) H. T. Patten, Judge.

Dec. 13th, 1886:
Be it remembered that as an adjourned Session of the November Term of the
Probate Court of Benton County Mo begun and held at Warsaw on Monday,
December 13th 1886, H. T. Patten, Judge and J. W. Payton, Sheriff, being
presented --- following proceedings were had and entered of record:

In the matter of Estate of John H. Siemen, dec’d.
Final Settlement
Now comes Louis Gross Executor or said --- and files his final settlement
showing a b(alance?) due him of $3.40. And it appearing from the proof of
publication files (by?) said Executor has given notice of his intention to
make such settlements this term by advertisement published for four weeks
prior to the first day of --- term in the Warsaw Times a Benton County
newspaper it is ordered that -- Settlement be approved and recorded and it
further appearing that said Louis Gross, Executor as aforesaid has fully
administered said Estate it is order that (he?) be finally discharged.

In the matter of Estate of Thos. A. Swift (insane)
Final Settlement
It appearing to the Court that said Thos. A. Swift has been discharged from

the State Insane Asylum as cured, it is ordered that John Wickliffe his
Guardian make final settlement whereupon said Guardian files his final
settlement showing a balance in his hand of cash $60.15 and an unpaid note
of J. H. Purnell for $30.00 --- settlement is approved and ordered of
record. It is also ordered that said Guardian pay to said Thos. A. Swift,
said sum of $63.15 and deliver to him said note and his receipt in this
Court for final discharge.
=========================
No page number for this as the top part of the page was not copied.
First couple of lines missing from this court action:
M. E. Feldman, minor:
In appearing to the Court, ---- was on the 7th day of August 1886,
appointed G&C of the above named minor was then and is now a resident of
Morgan County Mo, said appointment so made as aforesaid is hereby revoked.

In the matter of Estate of a. M.E. Feldman (minor)
Now comes Meta Beckman (formerly Feldman) and in obedience to the order of
this Court made at its August Term 1886, presents her final Settlement as
G&C of said minor showing a balance due ward of $977.50 which is approved
and ordered of record. It is further ordered that said Meta Beckman pay
said sum of $977.50 to the regularly appointed G&C of said minor in Morgan
County and file in this Court his receipt for final discharge.

In the matter of Estate of Charles Oeschner, minor
Now at this day comes Chas. Oeschner, a minor over 14 years of age and
chooses W. G. Acker as the Curator of his estate, and it appearing to the
Court that said Acker is a suitable person to assume said trust it is
ordered that he be appointed Curator of said Estate upon filing bond in sum

of $1000.00 which said Bond is forthwith filed, is approved and ordered of
record. Said Curator files his Inventory which is approved and ordered to
be recorded.

E. W. Nortini vs Est. of Thos. A. Swift (insane)
Now comes E. W. Nortini and presents his account for allowance against said

Estate and the G&C having in writing waiver service said account being
proven is allowed in the sum of $66.41 and G&C is ordered to pay same.

In the matter of Estate of Gieschen minors
3rd annual Settlement and Report of Loans
Now comes Fred Brabau, Curator of said minors and files his 3rd annual
Settlement showing cash balance of $3.91 and total assets of $822.00 which
is approved and ordered of record. Said Curator also files his Report of
Loans.

In the matter of Estate of Melvina Forkner
It is ordered that Curator Jas H. Lay pay out of the money of said minor
$10.00 to Harvey Forkner for her support.

Ordered that Court adjourn until tomorrow morning at 9 o’clock.
(signed) H. T. Patten, Judge
=========================
(The person who did the writing on this page was not the same person as
previous, because the handwriting and wording is not of the same quality as

before.. Eddene Thompson)
1887
Thursday, March 10th, 1887=In Vacation
In the matter of the Estate of Sarah R. McNeely, Decd
Now comes J. B. Squires, Admin. of said Estate of files his Appraisement of

Personal Estate (* as written)

Monday, March 14th, 1887 at a Special Session

In the matter of Thomas A. Swift, charged with being insane
An Information in writing being files conging (charging?)?? Thomas A. Swift

with being of unsound mind and Incapable of managing his affairs and order
that Thomas A. Swift having been “brout” befour this court at a Special
Session Said Special Session is this day called the Said Thomas a. Swift
Present in Court in Person and being represented by council and a
Vevinafacies having been issued the Sheriff acting thereunder returns into
Court the following Jury: J. G. Miller 1; William B. Thomas 2; J. J. Hart
3; John L. Pnull (?) 4;
D. B. Johnson 5; L. Black 6; J. C. Day 7; Charles Smith 8; Jno. Thomson 9;
C. Cimby or Cimly(?) 10; John Wingate 11; and A. E. Black 12, twelve good
and lawful men tnide? and Sworn to try cause and testamony having been
introduced and counsel being heard the jury retired to consider of there
virdict and afterwards returned into court the following:
“We the Jury find Thomas A. Swift is a person of unsound mind and incapable

of managing his affairs.” William B. Thomson, Foreman.
It is therefore ordered that John T. Wickliff be appointed gardian of the
person and Estate of Thomas A. Swift and file a bond in the Sum of Six
hundred Dollars which Bond is filed and approved. It is ordered by the
Court that said John T. Wickliff take charge of his ward.

Estate of Thomas A. Swift, Insane:
Now comes this day John T. Wickleiff, Gardian of the Person and Estate of
Said Thomas A. Swift and ask that his ward be Sent to the State lunatic
asylum and the Judge being fully advised in the Premises orders that said
Gardian John T. Wickleiff at once to place his ward in Said asylum it is
further ordered that John T. Wickleiff Gardian and Curatar of the Estate of

Thomas a. Swift Insane Sell all the Personal Property of Said Estate at
Public or Private Sale.
(signed) Newberry Hobbs, Judge.
=========================
(Notes: Apparently we have the same “writer” as the wording is not always
correct.)
Page 198
May 13th, 1887
J. G. Philips vs Admin. of Nancy Miller, Decd
Demand $16.00
Now comes J. G. Philips and presents his demand in court for an allowance
---administrator comes in to open court and waves serves of notice--
account being proved is allowed in 1st class of Demands.

In the matter of Estate of James E. Nall, decd.
Now comes James P. Grissam, administrator of said estate and files his
appraisement and Sale bill all of which is examined and approved and
ordered to be recorded.

In the matter of Estate of Thomas A. Swift, Insane
Now at this day comes John T. Wickliffe, gardian of the person and Estate
of Thomas A. Swift, an insane person and presents to the court his petition

for the sale of the real estate of his said ward to pay the expenses of the

trial of said Thomas A. Swift and to provide for his ward at the State
lunatic asylum which said petition is accompanied by a true account of the
administration of said estate as fair as the same has proceeded a list of
the debts to and by said ward and an inventory of the real estate all the
other assets in the hands of said gardian as the law directs and the court
having examined said petition and being fully satisfide the -- the personal

estate of said Thomas A. Swift in the hands of his said gardian is not
sufficient to pay the expenses of said trial and the board of said Swift at

the State Lunatic asylum does hereby order that said gardian first having
had the same appraised according to law do sell at either public or private

sale for cash in hand the real estate in said petition mentioned and
discribed to wit: an undivided one half intrust in and to the N1/2 of NW1/4

Section 29 T40 R21 situated in Benton County Missouri for the purpos of
paying said expenses and board and that he report his proceedings herein to

the next term of this court.

In the matter of Estate of John M. Woolery and Ina E. Woolery
Appointment of Curator

Orders that L. B. Hichman be appointed Curator of Estate of John M. Woolery

aged 13 years and Ina E. Woolery aged (end of my copy)
===========================
Page 205
May 13? 1887 (May 14, 1887 is recorded later on in the page)
J. D. Meng vs Admin. Charles Schmidt, Decd.
Demand $10.00
Now comes J. D. Meng and presents to the court for allowance against said
estate an account for medical attendance in last sickness and the
administrator being in court waved the services(?) of notice Said account
being proved is allowed in the sum of $10.00 with 6 per cent Int. and
assigned to 2nd class of Demands.

In the matter of Estate of H. C. (or W. C.) James, Deceased
Now comes Manseler (?) James administrator of said estate and filed his
Final Settlement also comes Floria A. Janes, widow of said deceased and
files Objections to said settlement evidence seaised (?) and the argument
of the attorney being heard the objectsion being _______ and the settlement

being examined and approved said settlement showing a balance in his hands
of the sum of $33.01.89 (*as written-indicates that it should be $3,301.89)

which settlement is approved and ordered to be recorded it is further
ordered that said administrator make distribution as follows:
(all written as JANES)
Henry Clay Janes, $1295.53
Annia V. Janes $1110.33
Floria A. Janes, widow, $895.53

In the matter of Estate of Thomas W. McCartney, Insane
Inventory Filed
Now comes R. S. Mackley (?) Guardian Files his inventory in Vacation which
is now examined and approved and ordered to be recorded.

May 14, 1887:
In the matter of Estate of Thomas A. Swift, Insane
Appraisement
Now comes John T. Wicklieff, Guardian of said insane person and files his
appraisement and the same is examined and approved and ordered to be
recorded.

Ordered that all Settlements Due at this term either Annual or Final and
not made, be continued to the August Term.
Ordered that court adjourn till Wednesday, May 25, 1887. Newberry Hobbs,
Judge
===========================
Page 215,
Prior to August Term 1887:
1887
In the matter of Estate of Charles Rohning, Decd
Now at this day come F. Boehmer (?), admin. of said estate and files his
inventory and appraise bill which is examined and approved and ordered to
be recorded.

In the matter of Estate of Charles Rohning, Decd
Not at this day comes F. Baehmer, Administrator of Said estate and files
his petition praying the court for an order to sell the personal property
at private sale and shows the court that it would be for the best interest
of said estate it is ordered that F. Baehmer admin. of the estate of
Charles Rohning, deceased, sell the personal property at private sale.

Gardian’s Report of Private Sale of Real Estate, State of Missouri, County
of Benton:
In the Probate Court, Benton county, Missouri, August Term, 1887
John T. Wickliff, gardian of the estate of Thomas A. Swift an insane person

comes and reports to this court that in obedience to the order of this
court made at its May Term AD 1887 directing him to sell at public or
private sale the real estate in said order described as follows to wit: an
undivided one half intrust in and to the North half of the North West
quarter of Section Twenty nine (29) Township Forty (40) Range Twenty one
(21) containing 80 acres I did on Friday the 20th day of May AD one
thousand and eight hundred and eighty seven having first had the same duly
appraised by W. W. Galbreth, Ed E. Dawson and G. F. Bryant three
disinterested householders of said county they having been first duly sworn

as appraisers by the affidavit of said appraisers and there certificate of
appraisement herewith files marked A Sell the said real estate as follows
viz: An undivided one half intrust in and to the North Half of the North
West quarter of Section Twenty nine (29) Township Forty (40) Range Twenty
one (21) containing 80 acres to John R. Swift for the price and sum of Two
hundred $200.00 dollars and the said John R. Swift has fully complide with
the terms of said sale and paid me the sum of Two Hundred dollars in cash
___ by said order of sale and I certify that (do not have the copy of the
next page, 216)
========================
Page 101
August 15, 1887
John T. Wickliff, Guardian of Thomas A. Swift to John R. Swift
Guardian’s Deed
To all to whom these presents shall come: Whereas, The Probate Court of
Benton County, in the State of Missouri, by its order of sale, made at its
May term, A. D., One Thousand Eight Hundred and Eighty-seven, which order
is found of record in the records of said court, did order the undersigned
Guardian of the Estate of Thomas A. Swift, an insane person, to sell in the

manner hereafter mentioned, the Real Estate in said order and this Deed
described. And whereas, In obedience to said order, I did at private sale,
on the 20th day of May, Eighteen Hundred and Eighty-seven, sell the real
Estate in said order and in this deed described, first having had the same
duly appraised by W. W. Galbraith, Ed E. Dawson and G. F. Bryant, three
disinterested householders of Benton County, at the sum of Two Hundred
Dollars, as appears by their Certificate of Appraisement, returned with my
report of proceedings to the August Term, 1887, of said Court, and whereas,

John R. Swift became the purchaser of said Real Estate, under the terms of
said order, and has complied with the terms of said order, and has paid the

sum of Two Hundred Dollars the amount of his bid, and whereas, at the
August Term 1887, of the Probate Court of Benton County, aforesaid, I did
make report of the above mentioned proceedings under said order of sale and

the said report was at the said August Term, duly approved by said Probate
Court, and the said sale is therefore valued and binding upon all
concerned.
Now therefore, In consideration of the premises and of the said sum of Two
Hundred Dollars, the purchase money, in accordance with the terms of sale
to me paid by the said John R. Swift of the county of Benton and State of
Missouri, I, John T. Wickliff, Guardian as aforesaid of Thomas A. Swift, an

insane person do hereby Grant, Bargain, Sell and Convey unto the said John
R. Swift
(Page 102=continued)
and unto his heirs and assigns, all the right, title and interest of the
said Thomas A. Swift, an insane person, in and to the Real Estate in said
order described as follows:
An undivided one half interest in and to the north half of the north west
quarter of Section Twenty-nine (29) Township Forty (40) Range Twenty one
(21) containing 80 acres, To have and to hold the said Real Estate, with
all the privileges and appurtenances thereunto appertaining, unto the said
John R. Swift and his heirs and assigns forever. In witness whereof, I, the

said, John T. Wickliffe, as guardian of Thomas A. Swift, an insane person,
hereto sign my name and affixed my seal this 8th day of August 1887.
Seal: John T. Wickliffe, Guardian of Thos. A. Swift, an insane person

State of Missouri, County of Benton ss:
Be it remembered that on this Eighth day of August, Eighteen Hundred and
eighty seven before me, N. Hobbs, Sr., a Judge of Probate, within and for
the State and County aforesaid, personally appeared John T. Wickliffe, who
is personally known to me to be the same person whose name is subscribed as

Guardian of Thomas A. Swift an insane person to the foregoing instrument of

writing and acknowledged the same to be his act and deed as Guardian for
the uses and purposes therein mentioned. In testimony whereof, I hereto
sign my name and affix my seal, my official seal, done at office in Warsaw,

Mo the day and date last above mentioned. Newberry Hobbs, Judge of Probate.

Filed this 8th day of August 1887 at 1 o’clock 40 minutes P.m.
Geo. W. Campbell, recorded.


Heirs of Waldo Johnson to T. Roebuck:
Quit Claim Deed
Know all men by these presents, that we, William T. Johnson and Agnes M.
Johnson, his wife, of Jackson County, Missouri, and Thomas M. Johnson and
Alice B. Johnson, his wife, St. Clair, C. Johnson and Charles P. Johnson of

St. Clair County, Missouri, by William T. Johnson, their attorney in fact
thereto duly authorized by Letters of Attorney dated September 24th, 1885
and which have been duly recorded, in consideration of the sum of ____
dollars, to them paid by J. F. Roebuck
(end of page)
=====================
Page 261
1888
In the matter of Estate of Mary F. Short, minor:
Second annual settlement
Now comes James H. Lay, G&C of said minor and files his Second annual
settlement showing balance due his ward of $1252.02 which is examined and
approved and ordered to be recorded also report of Loans filed and
approved.

In the matter of Samuel J. Short, minor
2nd annual Settlement
Now comes James H. Lay, G&C of said minor and files his Second annual
Settlement showing balance due his ward of $264.98 which is examined and
approved and ordered to be recorded also Report of Loans files and
approved.

In the matter of Estate of Margaret E. Perry, Deceased
1st Annual Settlement
Now comes S. A. Neas, administrator and files his first annual Settlement
showing balance due administrator of $44.35 which is examined and approved
and ordered to be recorded also files bill of sale of personal property
which is examined and approved and ordered to be recorded.

In the matter of Estate of Neas minors:
3rd and Final Settlement
Now comes S. A. Neas and files his 3rd and final settlement showing balance

due his wards of $43.20 which is examined and approved and ordered to be
recorded and filing Receipts of Gardian and Curator be Discharged.

In the Matter of Estate of Thomas A. Swift, Insane:
First and final Settlement
Now comes John T. Wicklieff, Gardian of the person and Estate of Thomas A.
Swift, an insane person and files his first and Final Settlement showing a
balance estate of $12.70 which is examined and approved and ordered to be
recorded and will be discharged on filing proper receipt.

In the matter of Estate of John Stewart, Deceased
Final Settlement
Now comes John C. Stewart administrator of said estate and files his Final
Settlement showing balance due estate ___ which is examined and approved
and ordered to be recorded odered that administrator be finally discharged.

==========================
Page 313
February 1889
Be it remembered that at a regular session of the Probate Court February
Term 1889 Benton County Mo begun and held on Monday, February 11th, 1889
Present Newberry Hobbs, Judge and Clerk and John W. Payton, Sheriff, the
following proceedings were had and entered of record.

In matter of Estate of John F. Garland, Decd
Approval of Bond
James R. Caldwell having filed his bond as administrator of the estate John

F. Garland, Deceased in vacation is now approved by the court and ordered
to be recorded.

Ordered that the Bond of ( Iva or Ira or Ina ) Gill as Public Administrator

which was filed in vacation be now approved and ordered to be recorded.

In the matter of Estate of Neas minors:
Now at this day comes S. A. Neas, Curator of said minors and files his
receipts in full and asks the court to be discharged, ordered that S. A.
Neas as such curator be discharged.

In the matter of Estate of Thomas A. Swift, insane
Now at this day comes John W. Wicklieff, Gardain and Curator of said insane

person and files his Receipts in full and asks the court to be discharged
ordered that the said John W. Wicklieff be discharged as such gardain and
curator. (Note by Eddene: This isn’t correct, as his name was John Thomas
Wickliffe.)

In the matter of Estate of Liible minors
New Bond
Bond of A. Liible (inserted after this name above line is: Prins?) and F.
H. Dickson, Fried Martin as securities files on the 19th day of December
1888 is now approved and ordered to be recorded.

In the matter of Estate of Liible minors
5th annual Settlement
Now at this day comes A. Liible, Gardian and Curator of said minors and
files his 5th Annual Settlement showing a balance due his wards of $287.66
which is examined and approved and ordered to be recorded.
==========================
NOTES:
Re: John Rice Swift’s being institutionalized:
(Second Note by Eddene (Hightower) Thompson, great-granddaughter of John
Rice Swift and his wife, Nancy Jane Wickliffe. The Robert Wickliffe
mentioned here was Nancy’s older brother. John Rice Swift was apparently
kicked in the head by a horse or beaten up by persons unknown to the
family, thereby causing him to have seizures frequently. He maintained his
life with his wife and family for several years, but the seizures became so

frequent that he feared he might cause harm to them. He lived for some time

with the Ed Bailey family while they were awaiting an opening in the
Nevada, Mo Sanitarium and was taken there when it was time. His family
visited him from time-to-time, but he remained there until his death on May

30, 1914. His body was brought back home and buried in the Turkey Creek
Cemetery east of Warsaw, Mo. Thankfully, none of his descendants have had
any occasion to have similar conditions.)

October 14, 1905:
State of Missouri, County of Benton:
In the Matter of the Estate of John R. Swift, Insane
Now at this day comes Henry Swift and gives information in writing and says

on oath, that John R. Swift, a resident of said County, is of unsound mind,

and incapable of managing his affairs, and that he now is and for the past
seven years has been actually confined in the Asylum for Insane at Nevada,
Missouri; and the said informant prays that an inquiry be held and that
notice to and the attendance of, the said John R. Swift be dispensed with.
And the Judge of the Probate Court being satisfied that there is good cause

for the exercise of the jurisdiction of said Court in said matter, now
calls a special term of said Court to be held on this, the 14th day of
October, 1905, for the purpose of holding said inquiry and determining
whether the said John R. Swift is of unsound mind or not, and further
orders that notice to the said John R. Swift and his actual attendance be
dispensed with, in view of the fact that he is now in, and has for several
years has been confined in the Nevada Insane Asylum. Court met, pursuant to

the foregoing order, for the purpose of holding an inquiry and determining
whether the said John R. Swift be of unsound mind or not. And comes also a
jury, duly summoned, to sort: W. N. Brady, J. W. Thorp, J. W. Walthall, J.
D. Drennon, W. F. Hughes, W. H. Goss, J. C. Lindsay, J. H. Hughes, G. W.
McLaughlin, C. D. Smith, G. T. Johnson and B. P. Goodwin, -twelve good and
lawful men, who were duly sworn to well and truly make inquiry whether the
said John R. Swift is of unsound mind; and said jury having heard the
evidence offered toching (? touching?) his mental condition, retired to
consider of their verdict, and after due deliberation, returned into court
the following verdict: “We, the jury, find John R. Swift to be of unsound
mind, and incapable of managing his own affairs.” It is therefore adjudged
by the Court that said John R. Swift is a person of unsound mind, and
incapable of managing his affairs and the Court hereby appoints Robert
Wickliffe Guardian and Curator of said John R. Swift, and it is further
ordered that said Guardian and Curator, before entering upon the duties
thus assigned him, shall enter into a bond to the State of Missouri in the
penal sum of Two Thousand Dollars, conditioned as prescribed by law, with
sureties, to be approved by the said Judge of Probate. and the said Robert
Wickliffe having presented a bond to the State of Missouri, for the
faithful performance of his duties as Guardian and Curator of the said John

R. Swift, a person of unsound mind, in the penal sum of Two Thousand, which

bond is approved and recorded, and a Certificate of Appointment is issued
to the said Robert Wickliffe, as Guardian and Curator of the said John R.
Swift.
Court adjourned until October 18, 1905
(*Note: Henry Swift was the older son of John Rice Swift.)
======
Probate Record, Page 320
Saturday, October 28, 1905, Adj’d (Adjourned) August Term
Court convened pursuant to adjournment. Present, same as yesterday.

In the Matter of Estate of Jas. W. Hamilton, Sr., decd.
At this day comes James W. Hamilton, Jr. and makes application to be
appointed Administrator of the Estate of James W. Hamilton, Sr., deceased,
who died in Kansas on or about July 13, 1904 and without leaving any will,
leaving personal property in this State which might be lost, destroyed or
diminished in value if speedy care be not taken of the same. The said James

W. Hamilton, Jr., having presented a bond in the penal sum of Twelve
Hundred Dollars for the faithful discharge of his duties as Administrator
of said Estate which bond is approved, and the said James W. Hamilton Jr.
is granted Letters of Administration on said Estate. W. S. Jackson and
Emory E. Lacey are appointed witnesses to assist said Administrator in
taking an Inventory and Appraisement of the personal property of said
deceased.

In the Matter of Estate of G. Frederick Fisher, dec’d.
Mrs. Salona C. Fisher, Administratrix of the Estate of G. Frederick Fisher,

deceased, comes now and presents accounts and vouchers for a Third(?)
Annual settlement of said Estate which is examined, approved and filed.

Court adjourned until November 4, 1905
======
Saturday, Nov. 4, 1905
Court convened persuant to adjournment. Present G. N. Richards, Judge, W.
L. Thurston, Sheriff.

In the Matter of Estate of John R. Swift, Insane.
Now at this day comes Robert Wickliffe, Guardian and Curator of the Estate
of John R. Swift, Insane, and presents Inventory and Appraisement of Real
Estate belonging to said ward, which are examined, approved and filed and
ordered recorded.

In the Matter of Estate of John R. Swift, of unsound mind.
Petition to Sell Real Estate.
Now at this day comes Robert Wickliffe, Guardian and Curator of the Estate
of John R. Swift, an insane person, and presents to the Court a petition
for an order to sell an undivided one-half interest in a tract of land
belonging to said ward. Said petition is in words and figures as follows:
State of Missouri, County of Benton: In the Probate Court of Benton County,

Mo.
(*We didn’t get a copy of page 321 at the time)..


Monday, Nov. 13, 1905, First Day of November Term:

Be it Remembered, That on this, the Thirteenth day of November, A.D. 1905,
it being the Second Monday of said month, the Probate Court of Benton
County, Missouri, convened in regular session, G. N. Richards, Proate Judge

and W. L. Thurston, Sheriff, then being present. The following proceedings
were had and made of record:

In the Matter of Estate of Jacob Cordes, deceased:
Now at this day comes Bernd Cordes, Executor of the Last Will of Jacob
Cordes, deceased, and presents his accounts and vouchers for a Final
Settlement of said Estate, which was examined, approved and filed, and the
said Bernd Cordes was discharged as such executor.

In the Matter of Estate of Laura Buckholz, a minor:
At this day comes Bernd Cordes and asks the court to appoint him Guardian
and Curator of Laura Buckholz, a minor. Having presented a bond in the sum
of $1200.00 which bond was approved by the Court and recorded, and a
certificate of appointment was issued to the said Bernd Cordes as Guardian
and Curator of the said Laura Buckholz, a minor.

In the Matter of Estate of Laura Buckholz, a minor:
Now at this day comes Bernd Cordes, Guardian and Curator of the Estate of
Laura Buckholz, a minor, and presents an Inventory of the personal property

of said minor, which was by the Court examined and approved.

In the Matter of the Estate of Luther and Herbert Lotz, minors:
Now comes Mrs. Mary Miller, and petitions the Court to appoint her Guardian

and Curator of her minor children, Luther and Herbert Lotz. Having
presented a bond in the sum of ---- Hundred Dollars, which was approved by
the Court, a Certificate of Appointment was issued to the said Mary Miller,

as Guardian and Curator of the said Lotz minors.

In the Matter of Estate of Isaiah West, deceased:
Now comes W. H. Walthall, one of the Executors of the Estate of Isaiah
West, deceased, and presents accounts and vouchers for an Eighth annual
settlement of said Estate, which was approved and filed.

In the Matter of Estate of John R. Swift, Insane:
Report of Sale of Real Estate,
Now at this day comes Robert Wickliffe, Guardian and Curator of the person
and Estate of John R. Swift, an insane person, and makes Report of private
sale of Real Estate, in pursuance of an order of this Court made at an
adjourned term, Nov. 4, 1905. Report examined and approved and recorded in
Book “A” Reports of Sale, page 5 and Deed of Missouri, respectfully
represents and shows that he is the duly appointed and legally qualified
guardian of the person and Curator of the estate of John R. Swift, insane;
that said ward is the owner of the following real estate, situate in the
County of Benton and Stae of Missouri, viz:
An undivided one-half interest in the west half of the northwest quarter
and the northeast quarter of the northwest quarter of Section twenty-nine,
township forty, range twenty-one, That said land is improved and has upon
it a dwelling house and out-buildings; that said buildings and improvements

are in a dilapidated conditon and rapidly decreasing in value; that the
fences are insufficient to protect the fields, and the dwelling is fast
becoming untenantable, and that your petitioner has no funds at his command

to repair the same; that said real estate is deteriorating in value; that
by reason aforesaid your petitioner could sell said real estae and invest
the proceeds in grass lands and by so doing would greatly benefit his said
ward. Your petitioner further represents that said real estate is now worth

about one thousand dollars. Wherefore, in consideration of the premises,
your petitioner prays for an order to sell said real estate, according to
the statute in such cases made and provided. (Signed) Robert Wickliffe,
Guardian and Curator.
Order to Sell Said Real Estate:
The Court having heard the petition and evidence in relation thereto, is
satisfied that the order should be made as prayed. It is therefore ordered
by the Court, that said Guardian and Curator is hereby authorized and
empowered to sell said land at public or private sale, first having said
real estate appriased according to law, for not less than three-fourths of
the appraised value thereof, or in the manner set forth in the petition,
and that said Guardian and Curator report said sale and his proceedings
therein to the next November term of this Court. (Signed): G. N. Richards,
Probate Judge.

Court Adjourned until November 7, 1905

(Partial entry at the bottom of this page:)
Court convened pursuant to adjournment. Present, G. N. Richards, Judge, W.
L. Thurston, Sheriff.
Tuesday, Nov. 7, 1905
In the Matter of Estate of Augustus Kreisel, deceased:
Order to Compromise Judgment
Whereas, It appearing to the Court that Ricka C. Kreisel Executrix, as
aforesaid recovered judgment in the Circuit Court of Cooper County,
Missouri, at the October term, 1905, thereof, upon a promissory note signed

by Edward Stegner, Henry Mc(Pherson?) and L. A. Bars (?), which jedgment
was for the sum of Thir-
(end of page)
================
Page 346, Probate Record
Wednesday, March 14, 1906, Adj’d February Term

In the Matter of Last Will of S. C. Stratton, Deceased
At this day is presented an instrument in writing purporting to be the Last

Will and Testament of S. C. Stratton (late of Benton County, Mo written in
above), deceased, who died about March 5, 1906. Proof of the death of the
said S. C. Stratton having been made and Court having heard the sworn
testimony of H. A. Tompkins and B. Drake, witnesses to said Will, which
sworn evidence was subscribed (to?) said witnesses in relation to the
execution of said instrument it is ordered and adjudged by the Court that
said instrument be declared to be the Last Will and Testament of the said
S.C. Stratton, deceased and it is further ordered that said will be
admitted to Probate. Letters ___ --amentary are granted to Charles S.
Stratton and Oliver Stratton as Executors of said Will, without bond, as
requested by ---- and W. E. Benz (?) and S. O. Davis are appointed
witnesses to assist the Executors in making Inventory of the personal
property of deceased.
Inventory and Appraisement files and approved.
----, Sheriff Thurston certified to and including March 14, ----

Court adjourned until March 19, 1906

Monday, March 19, 1906
Court convened persuant to adjournment. Present G. N. Richards and E. F.
Haynes, Coroner & acting Sheriff.

In the matter of Estate of Norman W. Smith, a minor
And now comes, E. O. Smith, Guardian and Curator of Norman W. Smith, a
minor, and files report of sale of an undivided one-twenty-second (1/22)
part of Real Estate, the property of said minor; also an undivided
one-twenty-second (1/22) interest of said ward in a certain lot in the town

of Smithton, all in Pettis county, Missouri and belonging to said minor.
Report of Sale is by the Court approved and recorded in Book A (page 4),
Record of Sales of Guardians and Curators, and deed ordered made in
accordance therewith.

Court adjourned until March 22nd, 1906

Thursday, March 22, 1906
Court convened pursuant to adjournment. Present, G. N. Richards, Judge, E.
F. Haynes, Coroner and Acting Sheriff

In the Matter of Estate of J. R. Swift, of unsound mind.
Now at this day comes Robert Wickliff, G&C of the Estate of J. R. Swift,
person of unsound mind and presents his accounts and vouchers of a final
settlement of said estate of said J. R. Swift.
(end of page... do not have page 347)
============
Page 348, Probate Record, Benton County, Missouri
November 7th, 1928, Twenty-second day of August Term

Court convened pursuant to adjournment with H. W. Henderson, Judge and
Thomas G. Province, Sheriff, present.

In the matter of the estate of Nancy Swift, deceased.
Order for Public Administrator to take Charge.
Now on this day comes W. H. Blandin, Public Administrator and proves to the

court that Nancy Swift died intestate in Oklahoma with her domicile in
Benton County, Missouri, on the 10th day of October, 1928, and applies for
an order to take charge of said estate.
And it appearing to the Court that those entitled to administer on said
estate have waived in writing such right, it is ordered that W. H. Blandin,

Public Administrator of Benton County, Missouri, take charge of said estate

and administer thereon according to law and that a certified copy of this
order be issued to him.
Said Public Administrator, having executed the notice of the order to take
charge of said estate, attested by the Judge of this Court, said notice is
ordered published once a week for four consecutive weeks in a newspaper
published in Benton County, Missouri.
J. G. Logsdon, W. W. Lugenbeel, and J. D. Polston are appointed witnesses
to the inventory and appraisers to accompany and aid said Public
Administrator in opening and examining the papers, money and other property

of said deceased, and in making an inventory and appraisements of the same.

Court adjourned until November 12, 1928. H. W. Henderson, Judge of Probate.

-----
November 8th, 1928, In Vacation
In the matter of the alleged insanity of Martin B. Hunter
Information Filed
Now on this 8th day of November, 1928, in Vacation, before me comes Sarah
A. Hopper and files her sworn information in writing alleging that Martin
B. Hunter is a resident of Benton County, Missouri, and the owner of
property in said County, that he is a person of unsound mind and incapable
of managing his affairs, and prays that an inquiry be had according to law,

and if he be found to be a person of unsound mind and incapable of managing

his affairs, that a guardian of his person and estate be appointed. And I
being satisfied that there are sufficient grounds for exercise of this
jurisdiction, order the matter alleged in said information be inquired into

and set, orders the hearing for Thursday, November 22, at 10:00 o’clock
a.m. at the office of the Probate Judge of Benton County< missouri, as the
time and place of said hearing and orders that the said Martin B. Hunter be

notified of these proceedings and orders that the Sheriff of Vernon County,

Missour, make service and return of said notice into this Court on or
before that date.
====================
November 14th, 1929, Fourth day of November, Term

Court convened pursuant to adjournment with H. W. Henderson, Judge and J.
W. Allen, Sheriff, present.

In the matter of the estae of Nancy Swift, deceased, W. H. Blandin,
Administrator
Semiannual Settlement and Order for Sale of Land

Now on this 14th day of November, 1929, being the fourth day of the regular

November term of this court, and the day when his semi-annual settlement is

docketed, and required to be made by law, comes W. H. Blandin,
adaministrator of the estate of Nancy Swift, deceased, and files his
semi-annual settlement, and said settlement having been examined by the
Court and found correct, is hereby approved and ordered recorded. And upon
such settlement of accounts by said administrator it appearing to the Court

from such settlement and the other records of the court that the personal
estate of the said Nancy Swift will not be sufficient to pay the debts,
which have been allowed against said estate and remain unpaid as follows,
to-wit:
Demand of H. A. Swift, in the sum of $137.00 (*Note: This was her son,
Herman Abraham Swift).
That the expenses of Administration remain to be paid and that the value of

the personal estate remaining on hand as shown by the inventory and said
settlement, will be wholly insufficient to pay the said debts and that it
will be necessary that the real estate belonging to said estate and
hereinafter described be sold for that purpose. It is therefore ordered by
the Court that said administrator do, on the 12th day of February, 1930, at

the Court House door in Benton County, Missouri, and while the Probate
Court of said County is in session, between the hours of ten o’clock in the

forenoon and five o’clock in the afternoon of that day, expose to sale and
sell at public sale, to the highest bidder, for cash, the following
described real estate belonging to said estate, situate in the county of
Benton and State of Missouri, to -wit:
Lot five (5) of the northwest quarter of section two (2) and Lot Six (6)
and the east half of Lot five (5) of the northeast quarter of Section three

(3 ) all in township thirty-nine (39) of range twenty-one (21) containing
200 acres, more or less, first having the same appraised as provided by law

and first having given notice of such sale as provided by law: and that he
report his proceedings under this order to the Court.

In the matter of the estate of James Morris, deceased, A. A. Boehmer,
Trustee
Eighth Annual Settlement
Now on this day comes A. A. Boehmer, Trustee of the Estate of James Morris,

deceased, and presents his accounts and vouchers for his eighth annual
settlement, duly verified, which said settlement is by the Court examined,
approved and ordered filed and recorded; and a balance is ascertained and
determined in favor os said estate in the sum of $530.87.
(end of page)

Page 519
Probate Record, Benton County, Missouri
February 20, 1930, Seventh day of February Term

Court convened pursuant to adjournment with H. W. Henderson, Judge and J.
W. Allen, Sheriff, present.

In the matter of Seth G. Iiams, deceased
Appointment of Administrator
Now on this day comes Elsie Pett Iiams, and proves to the Court that Seth
G. Iiams departed this life on the 20th day of January, 1919, while a
soldier in the “World War” and a resident of Benton County, Missouri, and
applies for letters of administration on his estate, and she being the
mother of said deceased, and a suitable and proper person, and having made
the affidavits required by law, is hereby appointed administratrix of said
estate, and she is ordered before entering upon the discharge of the duties

of said office to enter into a bond to the State of Missouri, conditioned
according to law in the sum of Eleven Thousand ($11,000.00) Dollars. And
thereupon she tenders her said bond in the sum of $11,000.00, with Smith H.

Iiams, John E. Brady and Jas. R. Boring as securities thereon, which said
bond is by the Court examined, approved and ordered filed and recorded, and

letters of administration are ordered granted and issued to her, and Geo.
E. Humphrey, A.T. Riddle and Henry P. Lay are appointed witnesses to the
inventory and appraisers to accompany and aid said Administratrix in
opening and examing the papers, money and other property of said deceased,
and in making an inventory and appraisement of the same.

Ordered that Court adjourn until February 24th, 1930 signed H. W.
Henderson, Judge of Probate.

February 24th, 1930, Eighth Day of the February Term
Court convened pursuant to adjournment with H. W. Henderson, Judge and J.W.

Allen, Sheriff, present.

In the matter of the estate of Nancy Swift, deceased, W. H. Blandin,
Administrator
Sale of Real Estate Approved
Now on this day, the rport of sale of real estate of said Nancy Swift,
deceased, is presented to the Court for approval, which report is in words
and figures as follows:
Public Sale of Real Estate, State of Missouri, County of Benton SS. In the
Probate Court.
For Benton County, Missouri, February Term, 1930.
W. H. Blandin, Administrator of the Estate of Nancy Swift, deceased, comes
and reports to this C ourt, that: In obedience to the order of said C ourt,

made at its November Term, A.D. 1929 on the 14th day of November, 1929,
directing him to sell the Real Estate in said order described, as follows,
to-wit:
Lot five (5) of the northwest quarter of section two (2) and lot six (6)
and the east half of lot five (5) of the northeast quarter of section three

(3), all in township thirty-nine (39) of range twenty-one (21), containing
200 acres, more or less. I did, on Wednesday, the 12th day of February,
A.D. one thousand nine hundred and thirty (1930) between the hours of ten
o’clock A.M. and five o’clock P.M. of that day, at the front door of the
Court House in the City of Warsaw, in said County, and during auction, to
the highest bidder, upon the terms mentioned in said order, the Real Estate

above described, having first had the same duly appraised by J. D. Polston,

I. N. Davis and J.W. Fields, three disinterested householders of said
County, they having been first duly sworn, as appears by the affidavit of
said appraisers and their Certificate of Appraisement hereby filed, marked
Exhibit A. And having given four weeks’ notice of the Estate to be sold,
and of the time, place and terms of sale, by advertisement published in the

Warsaw Times a newspaper published in this County, as appears by the
affidavit of Minnie T. Miles, the publisher thereof, and a copy of the
advertisement herewith filed, marked Exhibit B. And at said sale, Robert S.

Drake and Leo W. Berry were the highest bidders for the price and sum of
one hundred and ten and no/100 dollars and the same was stricken off to
them it being described as follows, to-wit: The west half of lot five (5)
of the northwest quarter of section two (2), in township thirty-nine (39)
of range twenty-one (21), containing 40 acres more or less; and at said
sale, as aforesaid, J. W. Bagby was the highest and best bidder for the
price and sum of one hundred dollars and the same was stricken off to him,
it being described as follows, to-wit: The east half of lot five (5), of
the northwest quarter of section two (2) in township thrity-nine (39) of
range twenty-one (21), containing 40 acres, more or less. And the said
Robert S. Drake and Leo W. Berry, and
J. W. Bagby have fully complied with the terms of said sales and have paid
the sum Two Hundred and Ten and no/100 Dollars in cash, as required by said

order of sale. And I further certify that this report is made within ten
days from date of said sale as required by law. All of which is
respectfully submitted, this 12th day of February, 1930.
W. H. Blandin, Administrator.
-----
State of Missouri, County of Benton, ss W. H. Blandin, being sorn, says
that he did not, directly or indirectly, purchase said Real Estate, or any
part thereof, or any interest therein, and that he is not interested in the

property sold, except as stated in said report.
(signed) W. H. Blandin
Sworn to and subscribed before me, this 12th day of February, AD 1930
H.W. Henderson, Judge of Probate.
Which said report and appraisement are examined, approved and, it appearing

from the evidence adduced, that said sale was fairly and legally made and
conducted according to law, that Administrator did not buy, and no
objections to said report, said sale is by the Court approved and confirmed

and said appraisement is ordered recorded and W. H. Blandin, Adminstrator
of the estate of said Nancy Swift is ordered to execute, acknowledge and
deliver to the purchasers, Robert S. Drake and Leo W. Berry and J. W.
Bagby, good and sufficient deeds conveying to them all the right, title and

interest, which the said Nancy Swift had of, in and the Real Estate
reported sold to them.
Court adjourned until February 26th, 1930 (signed) H. W. Henderson, Judge
of Probate.
================
Probate Record, Benton County, Missouri
October 23rd, 1929, Eighteenth day of August Term

Court convened pursuant to adjournment with H. W. Henderson, Judge and J.
W. Allen, Sheriff, present.

In the matter of the sanity of Tom Rank, heretofore declared to be a person

of unsound mind. A. A. Boehmer, Guardian
Hearing and Judgement.
Now at this time comes Tom Rank, who was heretofore adjudged by this C ourt

to be a person of unsound mind, and his allegation in writing, verified by
oath, filed herein, on the 12th day of October, 1929, that he has been
restored to his right mind is by the Court taken up for hearing. And comes
also A. A. Boehmer, Guardian of the person and estate of the said Tom Rank,

and in open Court waives notice of said application and consents that such
inquiry be had at this time. and the Court having seen said written
allegation and heard the evidence offered and considered, does find that
the said Tom Rank has been restored to his right mind and is entitled to
his discharge. It is therefore considered, ordered and adjudged by the
Court that the said Tom Rank, be, and he is hereby declared restored to his

right mind, and it is further ordered that he be discharged from the care
and custody of his said guardian, and that his said guardian make
settlement and return to the said Tom Rank all things remaining in his
hands and belonging to him; that the costs of this proceeding be paid out
of the property belonging to this estate.

In the matter of the estate of Nancy Swift, deceased, W. H. Blandin,
Administrator
Demand $137.00
Now on this day, Administrator of said estate having duly waived, in
writing, on the 23rd day of October 1929, service of presentation for
allowance of the claim of H. A. Swift, duly verified by his affidavit,
being account for undertakers expenses, in the sum of $137.00, and the
Court having heard the evidence, does allow said demand against the said
estate and orders the same assigned to the sixth class, with interest at
six per cent until paid.

Court adjourned until October 30th, 1929
(signed) H. W. Henderson, Judge of Probate.
===========================
<END>
(c) Eddene Hightower Thompson, August 4, 2001


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