Monday, January 5, 2015

Settling the estate of Jacob Booher

This is a transcription of the probate file of Jacob Booher. The copy was provided by the Crawfordsville District Public Library in January 2006. Jacob died without a will on 29 July 1845 in Montgomery County, Indiana. His son Guardianias Booher served as administrator of the estate.

August Term 1847

A Complete Record of the proceedings and final settlement of the estate herein after named in the Probate Court of Montgomery County, in the State of Indiana, before his honor Robert Taylor, Judge of said Court. To wit:

Jacob Booher's Estate. Guardianias Booher, Administrator,

Be it remembered, that on the fourteenth day of August, in the year Eighteen hundred and forty five, it being the fourth judicial day of the August Term of the Probate Court in and for said Montgomery County in the State of Indiana aforesaid, said Guardianias Booher, came into said court in proper person, and filed the following affidavit to wit "State of Indiana, Montgomery County

Personally appeared in the Probate Court of Montgomery County Guardianias Booher of lawful age who being duly sworn upon his oath saith that Jacob Booher departed this life in the County of Montgomery aforesaid without leaving a will as he is informed and believes to be true, on the 29th day of July 1845. That said Jacob Booher left personal estate to be administered to the value as he is informed and believes of about one thousand dollars and further saith not.  Signed, Guardianias Booher.

In witness of which I hereunto set my hand at Crawfordsville, this 14th day of August 1845. Jas. W. Lynn, Clerk.

And therefore said Guardianias Booher makes application to said court for Letters of Administration on the estate of Jacob Booher deceased, and the said applicant in open court executes his bond in a penalty of double the ascertained value of the personal estate of the said decedent, with security therein who is an inhabitant of this state, and approved by the court, which bond is in these words and figures to wit: "Know all these men by these presents, that we Guardianias Booher and William Booher of the County of Montgomery and the state of Indiana, are held and firmly bound unto the state of Indiana in the sum of one thousand dollars to the payment whereof well and jointly, severally and firmly by these presents, signed and sealed by us, and dated this fourteenth day of August in the year 1845. Whereas the Probate Court of Montgomery County, has this day granted letters of administration to Guardianias Booher on the goods, chattles, rights, credits, moneys and effects which were of Jacob Booher deceased, late of the County aforesaid. Now therefore the condition of the above obligations is this, that of the above bound Guardianias Booher, shall diligently and faithfully executes the duties and trusts committed to him as such administrator as prescribed and required by law and will obey all orders and decrees of such Probate court made pursuant not to law touching the administration of this estate so entrusted to him, that then and in that case, the above obligation to be void and of no effect, otherwise to be and now in of full force and virtue in law.

Signed, sealed and acknowledged by the said obligoro in the said Probate Court and which is by said Court approved the day and year above written. Attest: } Guardianias Booher, William Booher

Inventory of the Estate of Jacob Booher

On 18-19 August 1845, Levi Middleton and Samuel Deck ("two reputable freeholders of the neighborhood") conducted an appraisal of the estate for Jacob Booher. The entire estate covered 5 pages. Rather than transcribe the contents, I will highlight some of the more interesting contents, which included a wide variety of farm tools, horses, cattle, sheep, food and personal effects. A bay horse was valued at $60, while a wagon and rigging was valued at $65. He had 24 head of sheep, valued at $24 and lot of hogs valued at $50. The estate included 1 German Bible, a family Bible (acquired by Leander Booher in the estate sale), 2 volumes of Rollin's Ancient History (now available at the Internet Archive), and 9 other unnamed books.

The estate was put up for public sale on 12 September 1845. Much of the estate was acquired by his children and neighbors. Purchasers included:
Carrol Young
Isaac Larrance
Leander Booher
Benjamin Booher
Samuel M. Booher
David D. Greene
Wesley Vanarsdal
Mahala Booher
Jonathan Booher
Samuel Deck
Levi Middleton
Jacob Booher Jr
John Snavely
Michael Hampton
James Vail
William Coons
Martin Bowers Jr
Cornelius Wilson
Nathan Booher
Samuel Hampton
James Bowers
George Price
Elisha Doss
John Lowry
James McDowell
William Reese
Samuel Bickel
Lewis Dunbar
John Test
John Tribbet
Jesse Bailey
Howard Ellis
Isaac Sands
William Ready
John M. Booher
Gabriel Hamilton
Tarlton Adams
Soloman Barnhart
Jesse S. Benson
Nathan Caldwell
William Jones
George Pierman
William Booher
James Craig
Cason Buckhalter
Silas Kenworthy
Christian Bowman
Abram Robins
Henry Smith
H. McArthur
Samuel Gilliland
Silas Peterson
John J. Booher
S. Williams
A. W. Rowan
Jane Hampton
William Lankford
Philip Smith
John Smith
Silas Hiatt
James Emmitt
William Bowman
John A. Doss
James B. Doss

My 5th-great-grandfather Michael Hampton served as a security on several of the purchases. He also bought a bucket and glass pot, 5 sheep, Irish potatoes and a ream of corn (totaling $8.43). My 4th-great-grandfather James Vail bought bacon, a side saddle, 5 sheep, a tub, a bucket, a sausage funnel and tin cups (totaling $7.80).

An accounting of the estate was provided to the Probate Court. The cause was continued over several terms of the court. In August 1847, Guardianias provided an accounting showing a total of $774.68 had been collected. From this amount, fees were paid to the court and after paying open accounts, the following was distributed to the heirs of Jacob Booher (in order from the probate file):
1. John M. Booher
2. Leander Booher
3. Samuel M. Booher
4. Jacob Booher Jr.
5. Benjamin Booher
6. Jonathan Booher
7. John Snavely (husband of Lucinda Booher)
8. William Booher
9. Ambrose Booher
10. Margaret J. Hampton
11. James Vail (husband of Selina Hampton)
12. Samuel Hampton
13. Guardianias Booher

I hope this is useful to other descendants of Jacob Booher or any of the named purchasers from Montgomery County in 1845-1847.


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