Zacharias Allbaugh
Will & Estate Papers of Zacharias Allbaugh
Union County, Indiana
Probate Court February Term A.D. 1845, 467
Probate pleas held at the Court house in the state of Indiana on the 12th day of Febry, in the year of our Lord one thousand eight hundred and forty five. Before the Honourable William Cason Probate Judge of said county.
Estate of Z. Allabaugh [sic]
Samuel Eikenberry Exrs
Petition for Confirmation
Be it remembered that on this day "to wit" the fifth day of the May Term in
the year of our Lord one thousand eight hundred and forty five, The said Samuel Eikenberry
by Garyan(?) his attorney came and filed his petition for Letters Testamentary, which
reads in these words and figures "to wit"
State of Indiana Union County SS.
In the Union Probate Court, May Term A.D. 1844.
To the honorable William Cason Judge of said Court. Your petitioner Samuel Eikenberry a
resident of said county shows to the Court that Zacharias Allbaugh [sic] late of said
county deceased, departed this life at said county on the 5th day of October 1843 leaving
a last Will & Testament, in which your Petitioner is appointed and constituted the
sole Executor. That the said deceased by his said last will and testament gave and
bequeathed to his Son John Allbaugh a certain tract of land lying and being a part of the
south east qr of section 30 in township five, and range three East, containing forty
acres, more fully described in the said last Will & testament. But subsequently to the
making of said will the said testator made, executed and delivered a Deed in fee simple
with the proper relinquishments of donor, of the premises aforesaid to his said son John
Allbaugh. That the said testator left a widow, a resident of the county, to whom he gave
and bequeathed the balance of his estate, which is of the probable value of five hundred
dollars, principally in cash and in the hand of your petitioner. Your petitioner also
shows to the court that Frances A. Cunningham an[d] Isaac Stephens are the subscribing
witnesses to said Will, both of whom are residents of the Town of Eaton in the state of
Ohio and that your petitioner knows of no way by which he can compel the attendance of
said subscribing witnesses, but he has been informed and verily believes that he can prove
the hand write [sic] of both of said Witnesses. Wherefore your petitioner prays the Court
to permit him to make proff [sic] of the hand write of said subscribing witnesses
according to the statute in such cases made and provided. And upon the final hearing
hereof will the Court grant him Letters Testamentary upon said last will and testament
aforesaid. John Garyan Atty
Affidavit
State of Indiana Union County SS
Pro (?) the Union Probate Court May Term 1844,
Personally appeared in open court on the second Judicial Term aforesaid Samuel Eikenberry
and makes affirmation that the matters and things in the foregoing petition are true in
substance and matter of fact, according to the best of his knowledge and belief. Samuel
Eikenberry Affirmed and subscribed to in open Court the 14th day [of] May 1844, E.
Burnside Clerk.
Will
And thereupon the said Executor filed the last Will of said deceased which reads in these
words and figures "towit" I Zachariah Allbaugh of Preble County Ohio, being of
sound & disposing mind and memory do make and publish this my last Will and Testament
in the manner following that is to say. It is my wish and desire, and I do hereby direct
that all my just debt & funeral expenses shall be fully paid out of my Estate as soon
after my decease as practicable. And I do give and bequeath unto my wife Catharine Albaugh
all of my personal Estate of every kind and description whatever to be used and disposed
of by her in any & such manner as she may think proper. And I do give and devise to my
son John Albaugh the farm whereon I now live being & lying on the south end or side of
the south East quarter of section No. 30 in Town No. 5 & Range 3 East & containing
40 acres and being the same tract of land which was conveyed to me by Jacob Rinehart by
deed dated 5th Oct 1829 to have and to hold said tract of land to my said son John and his
heirs and assigns forever, provided however and I do hereby direct and order that in
consideration of said tract of land hereby given to my said son John if he accepts and
take the same so devised as aforesaid, he shall pay to my said wife Catharine the sum of
four hundred dollars which shall also be considered a part of my personal Estate, and is
also hereby given as such to my said wife for her use and benefit forever. The said $400
to be paid by my said son John in four equal annual instalments of $100 each the first
instalment to be paid in one year after my decease and $100 each year thereafter until the
payments are complete, and to secure the payment of the said $400 from my said son John to
my said wife Catharine. I do hereby charge and bind the said tract of land hereby devised
with the payment of the same. Include this my will & testament with a fond hope that
my children will all be fully satisfied therewith. I feel sensible that I have done equal
Justice to each and every one of them, to my daughter[s] namely Mary Eikenberry, Catherine
Adney and Susannah Michael I have given each of them heretofore by way of advancement and
outfit their full share part and portion of my Estate, and as to my son David Albaugh now
deceased I think his children in justice ought to have no further claim on my Estate, as I
have given to my said son David in his lifetime his full share of my Estate & indeed a
much larger share or part than I have been able to give any of my other Children, I
therefore will nothing to my son Davids children. The estate given to my said wife I wish
her to use and dispose of as she may think proper at all times. And lastly I do hereby
nominate and appoint my son in law Samuel Eikenberry Executor of this my last Will and
Testament In witness whereof I have hereunto set my hand & seal this 27th day of
August 1834.
Zacharias Allbaugh (seal)
Signed sealed and acknowledged in presence of F.A. Cunningham, Isaac Stephens
Proof of Will
And the proof of said last Will and Testament reads in these words and figures "to
wit" State of Indiana Union County SS. Union Probate Court May Term 1844, Personally
came into open Court E. Burnside, John L. Burgess, William Cason, who being duly sworn
deposed & said severally as follows, the said E. Burnside says that from having been
for a number of years in the habit of seeing the official certificates & signatures of
F.A. Cunningham, as Clerk of Preble County Ohio, one of the subscribing witnesses to the
within Will he believes he is capable of Judging the genuineness of his signature &
that he verily believes his signature to the foregoing Will of Z Allbaugh is genuine,
& the said William Cason says that he has seen the said Isaac Stephens the other
witness to said Will write and has been in his office in said county of Preble &
examined his records and he believes himself acquainted with his hand writing & that
he verily believes the said signature of said Stevens is genuine. & the said John L.
Burgess says that he has been in the habit of recording the certificates officially made
of F.A. Cunningham one of the subscribing Witnesses to the written last Will &
Testament of Z. Allbaugh: and from his acquaintance with the handwriting of Isaac Stevens
he entertains no doubt of the genuineness of the signatures of both those witnesses.
E Burnside Wm Cason John L. Burgess, sworn to & subscribed in
open Court the 17th day of May 1844, given under my hand and the seal of said Court the
day and year above mentioned.
Edghill
Burnside Clerk LS
Bond
And the said Will being proven to the satisfaction of the Court the said Samuel Eikenberry
is ruled to file Bond with John Adney security according to law in the penal sum of One
thousand dollars which reads in these records and figures "to wit" Know all men
by these presents that we Samuel Eikenberry & John Adney are held and by these
presents firmly bound unto the state of Indiana in the penal sum of One thousand dollars,
for the payment of which will and truly to be made, we bind ourselves our heirs &c.
jointly & severally, firmly by these presents sealed with our seals & dated the
17th day of May 1844. The Condition of the above Bond is that whereas the said Samuel
Eikenberry was on this day appointed by the Probate Court Executor of the last Will &
Testament of Zachariah Allbaugh late of said County deceased. Now if the said Samuel
Eikenberry shall well dilligently & faithfully execute the duties of trusts committed
to him as such Executor & will obey all orders & decrees of said probate Court,
made pursuant to Law touching the Administration of said Estate so entrusted to him, then
this bond to be void, else to be & remain in full force & virtue,
Samuel Eikenberry (seal)
John Adney (seal)
Attest E. Burnside Clerk
Letters Testamentary
And therefore Letters Testamentary was awarded to the said Samuel Eikenberry which reads
in these words and figures "to wit" I E Burnside Clerk of the probate court in
and for the county of Union in the state of Indiana, do certify this annexed to be a true
copy of the last Will and testament of Zachariah Allbaugh, late of Union County and State
of Indiana deceased and of the certificate of probate as endorsed thereon and Samuel
Eikenberry having duly qualified and given bond as required by law as Executor, is duly
authorized to take upon himself the administration of said estate according to such will .
Witness my hand and the seal of said Court, this seventeenth day of May in the year of our
Lord one thousand eight hundred and forty four
Edghill Burnside Clerk LS
Appraisement Bill
And the court order that publication of Administration be made at Liberty, Dunlapsville,
Brownsville, Estess Mill & Crists Mill and this cause is continued. Be it remembered
that on this day "to wit" the third day of November eighteen forty four. The
said Executor came & filed and [sic] Inventory of the personal Estate of said deceased
duly authenticated which reads in these words and figures "to wit" An Inventory
of the Goods, chattles [sic] and effects of Zacharia [sic] Allbaugh late of Union County
and State of Indiana deceased taken by Samuel Eikenberry Executor of the last will and
testament of the said dec. with the assistance of William Deacon and Joseph Harlen
appraisers called and duly sworn for that purpose
1 Fire shove .12 (1/2)
5 Chairs 1.37 (1/2)
1 Stove and pipe 4.00
1 Wall Sweep Clock 3.00
1 Lot of books .50
1 Bed, bedding & bedsted 12.00
1 Dough treigh [sic] .20
1 Lot of cupboard ware 2.50
1 Bed, bolster & balstead 4.00
1 18 gallon copper kettle 3.00
1 Pot .50
-------------
$30.20
Probate Court February Term 1845, 471
Amount brot up $30.20
1 Copper tea kettle .50
1 Frying pan .50
1 Bucket .12 (1/2)
1 Pair of Phlenus (?) .20
1 Basket & stove pan .25
1 Corner cupboard 3.00
1 Coffe [sic] Mill .25
1 Wearing ried & geer (?) 1.00
Cash on hand 475.00
$513.02 (1/2)
Affidavit
State of Indiana Union County SS.
Before me E. Burnside Clerk of the probate Court of said County personally appeared Samuel
Eikenberry Exr & William Deacon & Joseph Harlen appraisers of the personal estate
of Zachariah Allbaugh late of said County dec'd, and the said Samuel Eikenberry being duly
Qualified Says the within is a full & complete Inventory of the personal Estate of the
deceased as far as the same has come to his knowledge & the said appraisers say that
the valuation annexed to the several articles contained is correct to the best of their
knowledge. Samuel Eikenberry, William Deacon, Joseph Harlan sworn to and subscribed in
open Court 12th Nov 1844.
E. Burnside Clerk
Executors Notice
And this cause is continued. Be it remembered that on this day to wit the third Judicial
day of the present term. The said Executor comes and files the following proof of
Publication which reads in these words "To wit", Executors Notice. Notice is
hereby given that the undersigned has taken letters testamentary on the last Will &
Testament of Zachariah Allbaugh late of Union County, Indiana deceased.
Proff [sic] of Publication
All persons indebted to the estate of the said deceased are requested to make immediate
payment, and those having claims against the same are notified to present them duly
authenticated for settlement. The said Estate is supposed to be solvent. Samuel Eikenberry
Exr, State of Indiana Union County. Personally appeared before me Edghill Burnside clerk
of the Union Probate Court John Eikenberry of lawful age who being first duly affirmed
deposeth and saith, that the foregoing is a copy of five advertisements which he put up in
public places on the 5 day of June 1844 "to wit" at Liberty Dunlapsville
Brownsville Estess Mill & Crists Mill. John A. Eikenberry, affirmed to and subscribed
before me the 12th day Feb 1845 E. Burnside Clerk And the Court having seen & examined
the premises the proceedings are ordered of Record as far as they have progressed.
Recorded 11th June AD 1845
Edghill Burnside Clerk U.P.C.
Probate pleas held at the Court house of Union County, in the State of Indiana on the
second Monday of November in the year of our Lord one thousand eight hundred and forty
five, Before the Honorable William Cason probate Judge of said County of Union
Estate of Christian [sic]
Allbaugh Samuel Eikenberry Exr
On final settlement/vouchers-account
Be it remembered, that on this day, To wit, the fourth judicial day of the present term of
November, A.D. 1845, comes the said Executor and files the following account with vouchers
for final settlement To wit. "The Account Current of Samuel Eikenberry Executor of
the last Will and Testament of Zachariah Allbaugh late of Union County in the State of
Indiana deceased. The Said Executor charges himself with the amount of said estate as per
inventory thereof on file in the Court $513.02 To Amount of Interest on $475, in the hands
of the Executor since the death of the Intestate To wit from the 5th of October 1843 -----
$513.02
45.91
$558.93
The said Executor claims credit(?) for the following disbursements made by him out of said Estate to wit, 601 Probate Court August Term 1845
Estate of Z. Allbaugh
Expenses of *******
By Henry Riders Receipt
No. 1 $ 2.51
" Johanes Harder
(?) " 2 5.05
" Daniel Trembly
" 3 2.00
" Joseph *****
" 4 .75
" Drs. Crumbecker
& Kerry(?) " 6 [sic] 3.32
______ 14.33
Admin Expenses
" Edghill Burnside
Clerk " 7 9.71
" John Garyan
Atty. " 8 5.00
" Executors
Allowance " 26.00
______ 40.71
" Widow Receipt
" 9 38.02 (1/2)
do - " 10 15.00
do - " 11 50.00
do - " 12 400.8
(1/2)
_______ 503.89
558.93
Report
State of Indiana, Union County S.
In the Union Probate Court, November Term1845 -
Samuel Eikenberry, the Executor of the last Will and Testament of Zachariah Allbaugh late
of said County deceased, reports that he has now fully executed the Trust committed to him
by said Will according to law and the order of the County: That the Estate amounts to five
hundred and fifty eight dollars and ninety three & one half cents: that he has
disbursed for funeral expenses and expenses of the deed fourteen dollars and thirty three
cents as per vouchers running from No 1 to 6 inclusive: that he has disbursed in the
execution of the said Will, including his own fees forty dollars and seventy cents as per
vouchers running from 7 to 8, inclusive, The balance towit, the sum of five hundred and
three dollars and eighty nine and a half cents he has paid to the vouchers running from 9
to 12 inclusive. Having thus fully executed the trusts of said will he prays to is from
hence discharged with his reasonable charges in this behalf &c November the 13th 1845
James Garyan, Att'y
Affidavit
State of Indiana, Union County SS.
Personally appeared before me Edghill Burnside, Clerk of the Union Probate Court, Samuel
Eikenberry the above named executor and makes oath that the foregoing account Current and
report are true in substance and matter of fact so far as the same are made from his own
knowledge & do favor the same are [sic] made from the information of others he
believes the same to be true
Samuel Eikenberry
Sworn to & subscribed before me the 13th day of Nov 1845. E. Burnside Which being
seen & examined the premises are approved and ordered of Record by the Court as an
active discharge to the said Executor from further services in the premises
Recorded 6th Decr. 1845
Edghill Burnside Clerk