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

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