Caldwell County MO Archives History .....ILETT TOBIEN FAMILY IN DAVIESS TOWNSHIP 
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Karen Walker khw4@yahoo.com September 4, 2008, 4:53 pm

THE ILETT TOBIEN FAMILY IN DAVIESS TOWNSHIP
	Narrator:  Andrew McCray, 92, Cowgill

     Ilett Tobien was one of the interesting characters in the settlement of 
Caldwell county.  He came in to the county and settled near the present 
Braymer 1840.  By thrift during his life, he acquired 1040 acres of fine farm 
land all of which he owned at his death 1879.  One by one the couple lost 
their children, one in 1845 and 5 in the scarlet epidemic of 1856 when they 
died within a few weeks of each other.  Mr. McCray recalls that his parents, 
neighbors in a way, went over to help care for the family, carefully changing 
clothes so that they would not take it home to their own children.  They are 
all buried in the old White cemetery where their deaths may be noted.
     Having no children, accounts in a way for Mr. Tobien's will.  His will 
made 1879, the year of his death, left his immediate estate to the widow 
during her lifetime, and at her death, the property was to be divided equally 
between her relatives and the Catholic church of Lexington Mo of which he was 
a member.  Mrs. Catherine Tobien willed her portion to her niece Mrs. Mary 
Menke.  The litigation over the property began when he died.  A few days after 
the funeral, the will was offered to probate court.  Rejected.  The church 
brought suit for one half of the estate of the 1040 acre farm.  The case was 
transferred to Livingston county and the trial ended by establishing the 
will.  The defendants appealed to the supreme court and secured a reversal.  
Again, it was carried to the supreme court and finally the will was upheld.  
The final distribution in 1898 (19 years after the death of the wealthy 
Tobien) gave the church one fourth of the estate, Mrs. Menke the niece got 
$10000 in personal property and 400 acres of land and the other heirs of Mrs. 
Tobien got $10000.  Thus was ended what was probably the largest landed estate 
ever held together in Caldwell county.  It is said to be a fact that he bought 
most of this land for twelve and a half cents from the government.
     Even after this decision of 1898, the name stayed on the court docket of 
Livingston county some time longer, for it took time to get rid of the 
technicalities of the case.  Thus it made a record of 25 years to settle the 
case when in 1905, the name was finally dropped from the docket.
     As to the spelling of the name, McCray says the spelling as given at the 
beginning of this interview is all wrong, and he ought to know for he was 
reared fairly near them.  According to him, in the early days, they spelled it 
(meaning the owners of the name) "Allet Tobbin" and not Ilett, nor Tobban nor 
Tobien as in the case.  On the grave stones in White cemetery of the children 
and of Mr. Ilett Tobien himself, the name is Ilett Tobbin.  He was born 1807, 
died 1879.  In the 1897 atlas of Caldwell county, in the farms of Davis 
township where he lived, we find one tract of 480 acres marked "estate of 
Catherin Tobbien" his widow; near by it are smaller farms marked Catholic 
church, which shows the division of the wealth built up by Ilett Tobbin.
     Interview  1934.


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