MySource:GayelKnott/Reece Family Probate

John Reese [Sr.] – d. Clark County, Indiana, 1827

Clark County, Indiana Will Records, Vol. B, pp. 349-350 – John Reese will
State of Indiana, Clark County, October 27th 1826
In the name of God amen I John Reese of the County of Clark and State (of Indiana) aforesaid Calling to mind the mortality of my Nautre and that it is appointed into all men once to die and being of sound and disposing mind & memory, do make and Publish this my last will and testament in manner and form following that is to say. First I commit my to God [sic] who gave it and my Body to be decently buried at the direction of Executor hereinafter named, and as to my worly [sic] property wherewith it has Pleased god to Bless me I bequeath as follows First all my Just debts and Funeral Expenses to be paid, I Give and bequeath to my son Benjamin Reese all and Singular that [Place] whereon I now live containing one [hundred] and ten acres together with the land belonging to the place Conditioned that he give me a decent and Comfortable mantainence and all necessary attendance during my life time I give and bequeath to my son John Reese my riding horse saddle bridle halter Chain and Blankets together wit all my wearing apparel and what I have already given him I allow to be his share. The balance of my property consisting of Stock house hold and kitching [sic] furniture I wish to be Equally divided between my two daughters Catharine Tilford and Sally Davis together with what they have already got to be their full Share my books to be equally divided among all my Children, and lastly I hereby constitute and appoint my son Benjamin Reese and Thomas Davis to be my sole Executors of this my last will and testaments
In Testimony of which I have hereunto Set my hand and affixed my seal this 29th day of October in the year of our lord One Hundred Eight and Twenty Six. Signed John Reese
Witnesses Alex Walker, James Brillon, Robert Tilford
p. 350 – 13 Feby 1827
John Reese deceased died on or about the first day of January 1827 and his will is entered into probate

John Reese [Jr.] - d. 1854, Probate in Clark County, Indiana

Administrator Appointed

Probate Order Book, Jefferson County, Indiana, Vols J, K, 1852-1855; FHL #1310229
Vol J., p. 243
In Vacation, 23 Aug 1852
Alexander W. Reese filed the renunciation of Elizabeth Reese: “I hereby renounce my right to the administration of the Estate of John Reese (my husband) deceased, and request you to appoint my son Alexander W. Reese administrator of said Estate.” Signed 20 Aug 1852
Alexander W. Reese granted Letters of Administration with Bond of $500

Vol J., p. 265
January Term 1854, First Day, 3 Jan
Court grants approval of proceedings of the Clerk in Vacation, inc. Alexander W. Reese, administration of the Estate of John Reese Decd.

Vol K, p. 429
19 May 1854
Alexander W. Reese Admin of John Reese Decd, Partial Settlement “as follows (here insert)” [not inserted]
There is a balance due said estate in the hands of the administrator of $61.75. Final settlement continued till next term.

Petition to Sell Real Estate

Probate Order Book, Jefferson County, Indiana, Vols L-M, Feb 1856-May 1860; FHL #1310230
Vol L, p. 46 – 12th Day – 16 Feb 1856
Alexander W. Reese vs The widow and heirs of John Reese, Deceased} On Petition to Sell Real Estate
Administrator by his Atty informs the court that Nancy J. Reese, Charlotte A. Reese, Mary A. Reese, Martha J. Reese, Myra J. Reese and Thomas B. Reese are infants under the age of Twenty one years
Ordered by the Court that James C. Thom Esq. Be and is appointed Guardian ad Liber of said infants and Elizabeth Reese, Sarah Ellen Lynn, Andrew P. Lynn, Robert S. Reese, and John B. Reese, although called 3 times come not herein make default and notice of this application having been published for more than 30 days, it is therefore ordered that said petition [be granted] [to sell the property to pay debts of the deceased], to wit, Lot #9 in the Eastern Addition to the Village of South Hanover in Jefferson County, Indiana, at private or public sale, on the following terms, one third of the purchase money in cash in hand and the balance in equal installments at 9 and 18 months from the day of sale, taking from the purchaser(s) notes for the deferred payments bearing interest

p. 61 – 6 May 1856
J. L. Batchelder vs Estate of John Reese, Alexander W. Reese Admin – Denying Claim #44
p. 327 – 16 May 1857
Est. of John Reese, Alex W. Reese Admin – cont

Vol M, p. 377, 9 Nov 1859
Alexander W. Reese Administrator &c vs John B. Reese & others – petition to Sell Real Estate
Comes Admin and makes report of sale, which is approved, sale to William B[rown] and the sale is to be completed with a mortgage from the purchaser p. 485 – 9 Feb 1860
Alexander W. Reese Admin of John Reese, deceased vs John B. Reese & others } Petition to sell Real Estate
Administrator makes report of sale to William [Brown]

Final Settlement

Probate Order Book, Jefferson County, Indiana, Vol N,; FHL #1310231
Vol N, p. 260 –27 Aug 1861
Estate of John Reese Deceased
Alexander W. Reese administrator
And now on this day the said Alexander W. Reese, the said administrator comes and makes his final report and settlement in the words and figures following, to wit, (here insert) and which said report its papers, documents, receipts, and evidence at being seen, heard and understood by the Court is accepted affirmed and ordered to be recorded. By which it is shown of record that the total affects of the Estate personal and real was, and is, the sum of $401.75
Of which sum the |widow got – as widows 203.34
Total amount of assessts to pay claims $198.41
That the preferred claims against the said Estate was and is as follows to wit: 100.87
Balance in hands of the administrator over and above the payment of the preferred claims $ 97.54
That the claims against said estate that are allowed as true and lawful claims, that are not preferred claims, and to be paid pro rata are as follows, to wit to the sum of $97.54
That the claims against said estate that are allowed as true and lawful clams, that are not preferred claims, and to be paid pro rata are as follows, to wit to the sum of $265.63
Out of the above $97.54.
The clerks fees for this final entry and settlement must be paid, and the remainder that shall be left of said $97.54 the administrator is directed to pay to said unpreferred claims pro rata and file the receipts for the same with the clerk of this Court and he is then discharged from his said trust and business of administration on this behalf.
Note on side of the page: Clerk was paid $16.70, leaving a balance of $80.84

Joseph Reese Probate

Probate Order Book, Boone County, Indiana, Volume C, Nov 1846-Aug 1852; FHL #320127
p. 110, February 1848
The Matter of the Estate Joseph Reese Dec'd letters in vacation
Letters of administration in the Estate of said Joseph Reese Dec'd having been granted to James S. Hamilton, by the clerk of this court in vacation, and bond filed as the law directs, and no objections having been made to the Same, the granting of said Letters of Administration as also said Bond is now here ratified and confirmed as an act of this court.
p. 125, February 1848
In the Estate of Joseph Reese Decd
Comes now Jas S. Hamilton admr of said Estate and files an account of the sales of the personal Estate of said Dec'd which amounts to the sum of $432.731/2 cents_ with which he is now charged as assets-realized from the sale of the personal property _
And said admr now files 8 vouchers amounting to $127.46, one of which receipts is from the widow of said decd for $107.85, which is allowed and placed to the credit of said admr _ & time is given &c _
p. 146, May Term 1948, Friday morning
In the Estate of Joseph Reese Decd on [Settlements]
And now comes James S. Hamilton admr of said Estate and files and settles one voucher of Debt which was outstanding against said Estate and paid off by him the sum of seven dollars and thirty seven & one half cents ($7.371/2 ) which amount the said admr is ordered to be credited and time is given &c.
p. 147, May term 1848
James Riley vs James S. Hamilton admr of Joseph Reese Decd Accounts filed
And now comes said James Riley and files an account against said Estate for one hundred & twenty three dollars & [lost off edge of paper] and the said debts by Angle his attorney comes and agrees to waive proxy and any other declaration other than the filing said account, and enters his appearance herein and agrees to an rule to plead at the next time and this cause is continued
p. 174, August term 1848
James Riley vs James S. Hamilton admr of Joseph Reese Decd in Accounts filed
And now at this time comes the parties by their attorneys (Hecter for plff. and Angle for deft) and the plaintiff moves the court to continue this cause to the next term which is granted _ and on the motion of defendant he has leave till the next term to file his pleas the plaintiffs cause of action herein _ And this cause is continued at the cost of said plaintiff until the next term of this court.
p. 177 - August 16, 3rd day, August Term 1848
In the Estate of Joseph Reese dec'd On settlements
Comes now James S. Hamilton admr and makes settlement of said Estate so far as administered & files his account Current (here inserted) in which he charges himself with the sum of four hundred and thirty three dollars and seventy four cents ($433.74) and credits himself as follows
By vouchers filed at Feb term 1848, $19.61
Do May, $7.37
22 days services as per account filed, $22.OO
Stationary & making out the account, $2.00
Total: $433.741/4
which shows to the satisfaction of the Court that said administrator has fully accounted for the assets in his hands belonging to said estate.
And now at this time the said administrator tenders & files his resignation to the Court which is accepted and the said administrator exonerated from all further liability and services in the future and final settlement of said Estate.
p. 180, August Term 1848, Thursday morning
In the Estate of Joseph Reese dec'd on account
Comes now Jacob Angle and files account against said Estate for the sum of five dollars - which is admitted by the administrator of said Estate and allowed by the court
p. 190, November Term 1848
In the Estate of Joseph Reese deceased No 65
Now at this time the court on motion appoint and grant letters of administration de bouris non in the estate which was of Joseph Reese late of Boone Count deceased to James Hamilton, who now in open court tenders his bond as such administrator de bouris non in the penal sum of six hundred and seventy dollars conditioned for the due and faithful performance of all the duties and trusts committed to him as such administrator with Jacob Angle and William Staton as his security, which bond as executed is approved by the court and the said James S. Hamilton appointed administrator as aforesaid thereupon personally appeared in open court and took and swore an oath honestly and faithfully to discharge the duties and trusts committed to him as administrator de boruis non of the Estate of Joseph Reese deceased according to law.
p. 233 - Febry 14th, 3rd day Feb Term 1849
In the Estate of Joseph Reese decd on settlement
And now comes James S. Hamilton administrator deboursnon of the Estate of said deceased and makes a settlement of said estate so far as to file six vouchers for debts paid off by him which was outstanding against said Estate amounting in the aggregate to Thirty Eight dollars and twenty seven cents ($38.27) with which amt he is now credited as such admr. And on his motion the further settlement of said Estate is continued to the next term of this court.
p. 240, February Term 1849
James Riley vs James S. Hamilton admr of Joseph Reese decd Assumpsit on account filed
And now at this time comes the defendant by J. Angle his atty and moves the court to dismiss this suit for want of prosecution. Whereupon it is ordered by the court that this suit is dismissed for want prosecution and it is ordered that said plaintiff pay and satisfy the costs of this proceeding taxed at [blank] dollars & [blank] cents and the plaintiff in mercy &c
p. 248-49, May term 1849
James S. Hamilton admr Deb. non vs William Reese, Cornelius McDermot & Martha his wife, Jonathan Goff & Matilda his wife, Alfred McKinzie & wife, Robert C. Dunn & Jane his wife, Granville Reese, Joseph Reese, Cristena Reese, Benjamin Reese, Lydia E. McDermot, Sarah A. McDermot & Mary J his wife [sic], Mary Jane Reese [sic], defts} Petition on final settlement to ascertain advancements to
Comes now the said James S. Hamilton administrator deboris non of said Estate, and the defendants to wit Joseph Reese, Cristena Reese, Benjamin Reese, and Mary Jane Reese heirs at law of Jefferson Reese deceased and William Reese jr. heir at law of Granville Reese, also Lydia E. McDermot, Sara A. McDermot, and Mary J. McDermot heirs at law of Edward McDermot who intermarried with Permelia who is deceased who was daughter of Joseph Reese deceased, being each three times loudly called, answered not but herein make default they having been duly served with process more than fifteen days prior to the first day of the present term of this term as appears to the satisfaction of the Court now here, and the following of said defendants appear and answer said petition to wit. Cornelius McDermot who intermarried with Patsy Reese, Jonathan Goff and Matilda his wife, Alfred McKinzey and Sarah his wife, Robert C. Dunn and Jane his wife and William Reese, all heirs at law of said Joseph Reese deceased. And it appearing to the court now here from the proofs and allegations that said defendants are heirs at law of said Joseph Reese deceased and it also further appearing to the court from the evidence adduced upon the examination of witnesses that said William Reese one of the defts and heirs aforesaid had received by way of advancement in the lifetime of said deceased the sum of two hundred and ninety dollars ($290) and that Jefferson Reese had also received the sum of two hundred dollars ($200) and that said Granville Reese had also received the sum of two hundred and forty dollars ($240) and that said Cornelius McDermot, Edward McDermot, Jonathan Goff, Alfred McKinsey and Robert C. Dunn had each received by way of advancement in the lifetime of said decd the sum of one hundred and seventeen dollars ($117.00)
It is therefore ordered and decreed by the court now here that said James S. Hamilton advance as afd out of the assets now in his hands for distribution pay and distribute to the five last named defendants or their heirs a sum of money sufficient to make them Equal in amount with the other heirs of said estate that had been advanced in the lifetime of said deceased, if so much remain in his hand for distribution
p. 253, May 15th, 2nd day, May Term 1849
In the Matter of the Estate of Joseph Reese decd on Settlement
Comes now James S. Hamilton administrator Debonis non of said Estate and makes and files under oath an account of his administration of said Estate in which account he charges himself with personal assets which have come to his hands to be administered, the sum of three hundred and Eighty three dollars and forty four cents ($383.44) and claims credit for disbursements made in the payment of debts against said Estate and for his own fees as administrator, as therein set forth, amounting in the aggregate to the sum of one hundred and twelve dollars and eight three and three fourth cents ($112.833/4) and which leaves a Balance in the hands of said administrator for distribution the sum of two hundred and seventy dollars and sixty and one fourth cents ($270.601/4) and the heirs to said Estate according to the decree of this court made at this term on Petition &c _ and to take receipts therefor and file them in this court and this cause is continued_
p. 273, Augt 14th, 2nd day, August Term 1849
In the Matter of the Estate of Joseph Reese, decd on final settlement
Comes now Jas S. Hamilton admr Deb. non of the Estate of said Dec'd and files receipts from the following heirs of said decd for their Distributive Share's in said Estate To wit
One Receipt from Edward McDermed Guan. of Minor heirs to sd Estate for $54.12
One Receipt from Robt C. Dunn & wife for 54.12 One from C McDurmid & wife for 54.12
One from Jon. Goff & wife for $54.12 & one from Alfred McKinzie & wife for 54.12
Making altogether Two hundred & seventy dollars & sixty cents (270.60) which shows that he now fully accounted for all the moneys in his hands for distribution, which settlement is now confirmed by the court and this Estate is finally settled