Vigo County, Indiana - Chapter with an unread heading (no. 21 of those read), 1891

FIRST meeting of Yigo Probate Court was at the house of Henry Redford, the third Monday of July, 1818. Associate judges present were Moses Hoggatt and James Barns. On the first day the clerk, Curtis Gilbert, laid before the court the follow¬ ing business:

Administration of the estate of Oliver Jones, the administra¬ tor was James Jones, with James Chesnut and James Wilson as sureties; Estate of John Lynch, letters to John T. Chunn, with Isaac Lambert, security; John M. Coleman moved to revoke let¬ ters to Chunn, and have letters himself, which was done. This was the first day's work of the court, and the end of the first term. A special meeting was held in October, following, by Hoggatt and Barns. James Scott was granted letters on the estate of Jonathan Murdock, with John M. Coleman and Truman Blackman, securities. This court adjourned to meet at the house of Charles B. Modesitt the next day, October 18. James B. Winter, a minor over fourteen years, on that day came into court and made choice of Elisha U. Brown for his guardian. Ariel Harmon was appointed guardian of Hannah Winter, who was under fourteen years of age.

At the May term, 1819, a special court was held by the associate judges, Moses Hoggatt and James Barns, when the clerk laid before them the administration granted on the estate of Jacob Dick to Thomas Gordon, with Truman Blackman and John Earle securities; also on estate of Robert Nelson to Mary Nelson and John Earle, with Benjamin Cory and William Hamilton securities; also, the administration on estate of Alanson Church to John Harris, with John Campbell and Robert Bratton securities ; also on the estate of Thomas W. Taylor to Elisha Bentley and James Jones, with Ariel Harmon and Henry T. Irish securities; also on the estate of James Austin to Henry T. Irish, with Elisha Bentley and James Jones securities; and the estate of John Chamberlain to Alexander

Chamberlain, with Abraham A. Marble security; the estate of Zebulon Jennings to John Durkee, with Lucius H. Scott security; the estate of Isreal Post to Gersham Tuttle, with Curtis Gilbert and Nathaniel Huntington securities; and the estate of Isaac Hunter, deceased, to Jacob Kuyger, with John Blair and Samuel Blair securities.

At the next May term of the probate court the following busi¬ ness was transacted: Estate of Simeon Gillet, letters to Salmon Gillet, with Peter B. Allen and William Nelson as sureties; estate of Calvin Ellis to Betsy Ellis, and William Nelson and Peter Allen secuiities; estate of Andrew Himrod to Caleb Crawford, with Isaac Lambert and Morris Robbins securities ; estate of Luther Whitwood, with Lewis Northrup and James P. Jones. Sally and Lydia Church, over fourteen, made choice of Isaac Lambert, guardian, when the court also appointed him guardian for Eliza, who was less than fourteen years of age. Hannah Winter was old enough to choose Ariel Harmon guardian. Pamela Sisson selected for her guaidian, Daniel Jenckes; for Phebe and Phillip the court appointed

May lo, 1820, a special term of the probate court was held at the house of Robert Harrison, in Terre Haute, by the associates, Moses Hoggatt and James Barns. Letters were granted on the estate of Andrew Bell to Samuel McQuilkin, with Gideon Sleeper and Richard Jaques sureties; estate of John Chenoweth to Isaac Clienoweth, with James Barnes and Joseph Walker securities; estate of John Ray to Barbara Ray, with William Ray and Samuel Ray securities; estate of Jeremiah Mote to May and Will¬ iam Mote, with Isaac Lambert and William Durham securi¬ ties; estate of Gideon Still son to Ashley Harris, with James Jones, Robert S. McCabe and James S. Turner securities; will proved on estate of J ames Lee ; letters to Polly Lee, with Ebenezer Pocock and Thomas Forgason; estate of ''John Ewincr to Alexander Ewing, with Robert Sturgus and Robert Curry sureties; estate of Elihu Hovey to Zebina C. Hovey, with Samuel McQuilkin and Eleazer Aspinwall; estate of John Mclntire to Eleazar Mc- Intiie, with John Hamilton and John Earle sureties; estate of John Earle to Anna Earle, issued December 1, 1819, with John Hamilton and Peter Allen.

Next session of the probate court commenced on April 16, 1821 at the house of Robert Harrison; associate judges, John Jenckes and Demas Deming; when the clerk reported the following letters issued during vacation: Estate of Elijah Anderson to George Clem, with George Wait; estate of Collins C. W. Morgan to Robert Harrison, with Henry Redford and Ezekiel Buxton; estate of William Coltrin to Elisha Parsons and John Durkee, with Will- iam C. Linton and Robert Harrison; estate of Martin Braddock to William Durham, with William Walker and Joel Dickson; estate of Lewis B. Lawrence to Lucius H. Scott, with Andrew Brooks and Charles B. Modesitt; estate of Samuel L. Richardson to John L. Richardson and Ann Richardson, with William C. Linton, John F. King and Truman Blackman; estate of Joel Sherman to Charles B. Modesitt, with Lucius H. Scott and Robert W. Gale; estate of Isaac W. Ashton to Jacob D. G. McDonald, with Caleb Crawford and John Harris.

The next term of the court, October 15, 1821, was again at the house of Robert Harrison, John Jenckes and Demas Deming as¬ sociate judges. The clerk reported letters granted: Estate of Truman Blackman to Remember Blackman and Francis Cunninerham, with Peter Allen, John Hamilton and Caleb Crawford; estate of Richard Cox to David and John Cox, with Elijah Bentley and John Starkness; estate of A. Elliott to David Lykins, with Thomas Brown and John Pike; estate of Ebenezer Wilson to Salem Pocock, with A. A. Markle and Alexander Chamberlain; estate of William Souls to Ezra Jones and Charles B. Modesitt, with A. A. Markle and Robert S. McCabe; estate of P. Porter to Gersham Tuttle, with Chester Tuttle and Gaylord Porter; estate of Mark Barnett to Rachel Barnett and William N. Perry, with Robert Sturgus and Thomas H. Blake.

The next term of the prohate court convened March 4, 1822; associate judges, Demas Deming and John Jenckes; estate of Sally Mclntire, letters to Charles B. Modesitt, with John Campbell and Caleb Crawford sureties; estate of John F. Thompson to William Kelso, Moses Hoggatt and Samuel F. Thompson.

At the court held at the house of Israel Harris November 5, 1822, present Demas Deming, when the clerk reported the follow¬ ing letters testamentary issued during vacation: Estate of Robert Lacey to William Ramage, with Lucius H. Scott and William Clarke; estate of James Johnson (will) to Benjamin Kercliival and Thomas Pounds, with Moses Evans, John Kester and William Welch; estate of George Kirkwood to John Kirkwood, with Samuel McQuilkin and George Jones; estate of Robert Hays, with John Hamilton and Peter Allen sureties; estate of John Kirk¬ wood to Mark Williams, with Thomas H. Clarke and Samuel Mc¬ Quilkin; estate of Eddy Raymond to Ansel Harris, with Ashley Harris and Daniel M. Brown; estate of William Mulholland to Robert Hoggatt, with Nicholas Yeager and Moses Hoggatt; estate of Emma Coltrin to John Coltrin and William Coltrin, with Robert Graham and Alban C. Davis. Ira Coltrin selected in open court John Durkee as guardian.

clay of April, 1823, present, Demas Denting ancl Ezra Jones, as¬ sociates. The proceedings of the term are signed by Deming and Jones and below this it is written " examined by J. Call, Pres, judge." The next term commenced Monday, September 1, 1823. Deming and Jones present; clerk reported letters issued as follows: Estate of Solomon Teverbaugh to Joseph Mark, with Charles B. Modesitt and Roberts. McCabe, sureties; estate of Stephan us Hay¬ worth, Micajah Hayworth and Margaret Hayworth, with Lewis Northrup and Eliphalet Sliattuck; estate of Eli Linderman to Sam¬ uel Miles, with John Campbell and Isreal Harris; Jesse Teverbaugh, infant son of Solomon Teverbaugh, made choice of Joseph Shelby as guardian; James Blackman, son of first sheriff, selected Francis Cunningham as guardian ; J. Call again examined and corrected the proceedings.

At a probate court, October 9, 1824, present John B. Porter, president of the First Judicial Circuit, and Daniel Jenckes, as¬ sociate. First business, Elenor Braden, late Elenor Mclntire, ad¬ ministratrix presented report; Asa Wallace appointed guardian for John Moore, orphan of Samuel Moore, and Charles Turner ap¬ pointed for James and Margarett Moore.

The circuit court setting as a court of probate convened on April 23, 1825, present, George Webster and Robert Hopkins associate judges. To the court proceedings the signature of Hop¬ kins is nearly a fac-simile of that of the same surname to the Dec¬ laration of Independence.

At the April term of the probate court, 1826, Reuben Newton applied for letters on the estate of Harold Hays, which the court re¬ fused, whereupon he appealed to the circuit court; George W. Maynard appointed guardian of Isaac Thompson, son of David Thompson; last will of John Brocklebank probated; letters granted Daniel Pocock on the estate of Salem Pocock; same to Stephen S. Collett on estate of Charles Thompson; and Margaret Curry and Elliott Adams on estate of William Curry.

At December term, 1829, letters granted Julia Lambert and James Hall on estate of Isaac Lambert; at same time letters to John Cox and Robert Hopkins on estate of Isaiah Wallace; same time to Joseph Bennight on estate of Samuel Rudleman, and to Matilda Johnson on estate of Benjamin Johnson.

September term, 1828, present, Robert Hopkins and Thomas H. Clarke, associate judges; the law changed in 1828, and a probate judge elected; Elisha U. Brown elected probate judge. This court organized for business September 7, 1829. The first order " That a scrawl with the words 'Vigo Probate Court ' written thereon be the seal of the court until another seal is procured." Next order was that Joshua Crow and Elizabeth Crow, his wife, were appointed guardians for Aaron Wilson, Reuben Wilson, Samuel Wilson and Miles Wilson, children of Jeremiah Wilson. July 2, 1829, John R. Porter, president judge, certifies that Elisha U. Brown was duly qualified as probate judge; Anna Hicks and Moses Hicks, guardians of minors of James Bennett's heirs, namely Charles, Margaret, Temperance, Ruby, Eliza and Jane, made application to sell real estate.

November, 1830, Robert Hoggatt appeared as probate judge and held his first term. The first will filed is that of William Winter of date September 18, 1818, and is witnessed by James Jones, Martin Patrick and Moses Hoggatt; nest, that of Alanson Church, and was dated August 18, 1818, signed by "his mark" and witnessed by William Henry, Willis, Fellows and Henry Burlingame. The next filed is that of James Lee, dated March 3, 1819; witnesses, Isreal Lykins, Ebenezer Paddock, Sr. and Jr. The third was that of Eleazer Aspinwall, September 20, 1820; witnesses, Lucius H. Scott and William C. Linton.

Curtis Gilbert, clerk, certifies that the subscribing witnesses to wills "made oath on the Holy Evangelly of God" that they saw, etc. Nest is that of Richard Cos, dated July 7, 1820; witnesses, Elisha Bently, John Harkness and Jeremiah Hayworth. At the August term of probate court Robert Hoggatt was succeeded by James T. Moffatt, as judge. August, 1837, Joseph S. Jenckes, probate judge. At February term, 1839, Jesse Conrad, probate judge; 1841, John H. Watson, probate judge; 1848, Andrew Wil¬ kins, judge; 1850, Nathaniel Lee, judge; 1853, Amory Kinney, judge.

In 1853 the probate court changed to the court of common pleas, and Judge Amory Kinney held the first term of this court for probate business in October of that year; he continued in office until 1857; in 1857 John W. Jones, judge of the common pleas court, first session in January of that year; 1860, Chambers Y. Patterson judge, common pleas court; December 19, 1864, Judge Samuel F. Maxwell appeared as sole judge of the court of common pleas and held court. The record shows that the last proceedings of the common pleas court signed and approved by Chambers Y. Patterson, judge, was August 19, 1864. January term, 1869, John T. Scott, judge. In 1873 the common pleas court was merged, and the judge of the Vigo Circuit Court was vested with the jurisdiction and functions of the same, and it is still con¬ tinued in that form.