Clay County MO Archives Court.....Yates, Benedict June 9, 1879 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/mo/mofiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ronald J. Reid rreid21@cox.net July 22, 2007, 11:01 am Source: Lds 2318830, Case File 20-52 Written: June 9, 1879 Recorded: June 9, 1879 First and Final Settlement of the Estate of Benedict Yates – June 9, 1879 LDS 2318830, Case File 20-52 Transcribed by Ronald J. Reid, 2006 First and Final Settlement of James Yates, Administrator of the estate of Benedict Yates, dec’d made with the Probate Court of Clay County, Missouri, at the May Term thereof, A.D. 1879 – Dr. The Admr charges himself as follows: To sales of personal estate of decedent as per sale bill, (Sale made Mar 30/76,) $744.81 “ interest to date on Sale note of Lewis Yates for $31.20 dated Mar 30/76 due at 9 Mos with 10 per cent int per annum from maturity compounding 8.96 “ interest to date on sale note of Lewis Yates for $61. dated Mar 30/76. due at 9 Mos with 10 per cent interest per annum after maturity compounding 15.48 “ interest to date on sale note of Jno W. Smith for $28.56 dated Mar 30/76 due at 9 Mos with 10 per cent int per annum after Maturity compounding Cr ?? $10. Dec 30/76 4.69 “ interest to date on of Wm Yates for $10. Dated Mar 30/76 to date at 10 per cent int compounding annually from Maturity Dec 30/76 2.52 $776.36 Cr. The Admr asks credits as follow: By aggregate amount of notes (and interest thereon)of Lewis Yates, Jno W. Smith & Wm Yates, as charged in debit side of this settlement, - less $10 Cr on Smith note. Memo. Lewis Yates is now dead and his estate (in Kansas – he has none in Missouri) is insolvent. Those notes were all good when taken, but the Makers suddenly sold out all their property without the administrators Knowledge so that those notes became worthless; but the Adm asks that he set them off against the distributive shares of the makers. Chas Yates security for Lewis Yates. Jno W. Smith’s wife is an heir of Benedict Yates & it was his intention that his purchases at the sale – represented by said note – should be set off against his wife’s interest . The same intent was true in the case of Wm Yates. By Cash paid J.B. Ballard, Sept 20/76, V – 1 $6.60 “ “ “ J. M. Donaghe Mar 30/76. “ – 2 5.00 See Note C “ “ “ Simrall & Sandusky, May 7/77 “ – 3 14.75 [Attorneys at Law, Liberty] “ “ “ J.J. Moore, Collector, Mar 17/76, “ – 4 5.95 “ “ “ G.W. McClure, Sept 22/76, “ – 5 3.35 “ “ “ A.P. Gano Apr 3/76, “ – 6 3.15 [Druggist in Missouri City] “ “ “ Long & Simmons, Apr 3/76, “ – 7 4.75 [Grocers in Missouri City] “ “ “ J.M. Donaghe Oct 5/76 [Attorney at Law] (on order of S.S. Cruse who had a [Stepson of deceased] claim of over $130 exclusive of interest – a note – vs the estate “ – 9 42.25 “ “ “ J.E. Bradley ?? Arp 8/76 “ – 8 .60 “ “ “ Thos. B. Gill, May 2/76 “ – 10 3.75 See Note A “ “ “ J.J. [Moore] Collector, Mar 17/76, “ – 11 20.36 “ “ “ W.H. Hunt, Mar 30/76 “ – 12 1.00 [41 yr old farmer neighbor] “ “ “ H.C. George “ “ “ “ – 13 1.00 See Note B “ “ “ H.B. Gilham casket “ – 14 28.00 [Undertaker in Missouri City] “ “ “ Chas. J. Halderman, Mar 28/77 “ – 15 25.00 See Note I “ “ “ D.H. Morton, May 27/76 “ – 16 36.90 [druggist/physician/surgeon] “ “ “ Geo. W. McClure, Feb 4/76 “ – 17 5.00 “ “ “ J.V.B. Flack Jan 2/77 “ – 18 21.00 See Note D “ “ “ R.H. Miller, May 2/76 “ – 19 6.75 [48 year old Printer in Liberty] “ “ “ Geo. W. McClure, Sept 22/76 “ – 20 3.35 “ “ “ H.B. Gilham on order of S.S. Cruse, Jan 2/77, “ – 21 8.20 See Note E “ “ “ Ella Donaghe on order of S.S. Cruse, in 1877 “ – 22 56.60 See Note F “ “ “ Dr Gorin June 3/76 “ – 23 13.50 [Physician & Surgeon, Missouri City] “ “ “ Thos. Y. Gill, May 2/76 “ – 24 1.00 See Note G “ “ “ Edwd Asher, May 16/76 “ – 25 1.00 “ “ “ Jas. M. Donaghe, May 13/79 “ – 26 36.23 [Attorney, Missouri City] “ “ “ D.C. Allen “ “ “ “ – 27 25.00 [Dewitt C. Allen, attorney, Liberty] “ “ “ Dr. J.T. Marsh, “ “ “ “ – 28 20.00 [James T. Marsh, physician, Liberty] “ “ “ R.H. Miller “ “ “ “ – 29 3.25 [Printer, Liberty] “ “ “ L.W. Burris “ “ “ “ – 30 15.35 See Note H “ “ “ J.E. Lincoln “ “ “ “ – 31 3.50 [James E. Lincoln, Lawyer, Liberty] “ Commission on $614.05 that has passed thro’ the Admin’s hands @ 5 per cent, 30.70 “ Amt purchased by S.S. Cruse at sale (See Sale Bill) & which went as a credit on his note vs Estate of the deceased. 16.90 “ Extra compensation in consequence of the commission not being enough to pay his actual time consumed in attending to the estate & he being unable to spare the loss 10.00 “ Cash paid E.G. Sandusky, Clerk Circuit Court of Clay Co., MO as cost, in case in said Court of the State case of Wm Yates et al vs James Yates. N.B. – These costs were by agreement with the Pltfs in said suit other than heirs of said Benedict Yates (other than James Yates) paid out of their distributive by the Admn & deducted therefrom – they paying said costs, not hr. – V.32 13.60 N.B. Charles Yates & Lewis Yates heirs are not entitled to have any distributive share because their claims unpaid which the estate holds against them far exceed their distributive shares. The estate also holds against Victoria Smith (formerly Yates) & Jno W. Smith, her husband, an unpaid claim of $23.25 which is sett off against their distributive share. The estate also holds an unpaid claim against the said Wm Yates in the sum of $12.52 which is sett off against his Distributive share. “ Payment made to following ??? distributive shares: Anna Victoria Smith & Jno W. Smith, her husband May 13/79 V. 33 2.03 Louisa Lingenfelter & James E. Lingenfelter, Stephen Yates, Ben D. Yates & Wm Yates, May 26/79. – V. 34 79.31 “ Cornelia S. Fightmaster & and George Fightmaster (minor children of Mary A. Fightmaster, decd, formerly Yates) within? Hands of Jno C. Fightmaster their father & guardian, June 7/79, V. 35 22.55 “ Cash retained by the Admn in full of his Distributive share - 25.58 Memo. Administration upon said estate now complete – All its debts & the cost of administration paid - & all Distributions of the residue made in due form of law. $776.36 State of Missouri County of Clay This affiant James Yates, makes oath and says the above settlement and the matter therein are correct & true. His James X Yates Mark Attest: A.K. Reddish Subscribed & sworn to before me the undersigned Notary Public for Clay Co., MO, this June, 9 1879. Witness my hand & notarial seal hereto this June 9, 1879 D.C. Allen Notary Public My commission expires January 13th 1883. Additional Comments: Transcriber's Notes: A. In 1870 census, Thomas B. Gill was 21 and living with parents on farm next door to Eli Jackson and Susan nee Cruse. In 1880 census, Thomas was a Clerk in the Drug Store in Missouri City. B. Henry Clay George was 42 year old father of Bailey O. George who married Emma Wright in 1880. Emma Wright was the daughter of Henry Wright and Sarah Cruse. All neighbors. C. James .M. Donaghe was attorney in Missouri City and was Mayor in 1878. D. J.V.B. Flack was a Methodist Preacher in Missouri City. He also dealt in Dry Goods. He was a leading Temperance Speaker and a force behind the Temperance Union in Missouri City in the late 1870s. E. Why Samuel Cruse, stepson of deceased, would order the estate to pay the furniture dealer who provided the casket, H.B. Gilham a sum of money is unknown. F. Why Samuel Cruse, stepson of deceased, would order the estate to pay Ella Donaghe, the wife of Attorney James Donaghe, a sum of money is unknown. $56.60 is a substantial amount. G. Thomas Y. Gill was 65 year old farming neighbor of the Cruse and Yates family and members of the same Missouri City Grange. H. Luke W. Burris was 58 year old Hotel Proprietor and County Clerk in Liberty, MO. I. Charles F. Haldman (spelling from receipt) provided the gravestone for the Deceased. He and his son were sculptors living in Independence, MO. File at: http://files.usgwarchives.net/mo/clay/court/yates55gwl.txt This file has been created by a form at http://www.genrecords.org/mofiles/ File size: 9.7 Kb