Yarnall Court Records - St. Charles, Missouri


St. Charles County Historical Archives, St. Charles, Missouri.
    Court Records; Index of Items:
  1. Estate Papers of John Yarnall, d. 1831.
  2. Rachel Green et.al. v. John Yarnall et.al.
  3. Larkin Howell v. Memory R. Yarnall
  4. Francis Howell v. Memory R. Yarnall
  5. Howell, Wood et.al. v. Howell, Yarnell et.al.

File #3801, Estate & Administration Papers of John Yarnall, Probate Records.

John Yarnall, son of Jesse & Ann (Tomlinson) Yarnall, died in 1831 in St. Charles County, Missouri. The following are some of the more interesting papers in the Court Administration file concerning his estate.

Item: Inventory
-- Jno. Yarnall decd.
Filed 25th June 1831
W. Christy Jr.

State of Missouri
County of St Charles
Personally appeared before the undersigned Robert Spencer a Justice of the Peace within and for the County of saint Charles State as above, James Green Jr. and Stephen Yarnell, Adms on the Estate of the Late John Yarnall dec. of saint Charles Cty State of Missouri, who being duly sworn, depose and say that the above foregoing, and affixed paper is a full inventory and description of all the goods, Chattles, Moneys, and effects real and personal, Books, papers and evidences of debt, and of Title of the Intestate, and of the debts appearing to be due, or becoming due to him as far as they can ascertain them, the wearing apparel of the Wife and Children and of the deceased, only excepted, and that they were not indebted or bound in any contract to the Intestate at the time of his Death in any manner or sum, other than as set forth in such Inventory. ~
Sworn to and subscribed~~
before me 25 June 1831~~ James Green jr
Robert Spencer JP Stephen Yarnall


A List of the Debts due the Estate of John Yarnall decd
1. Note due from George and James Pitzer for $61.78 dated Decr 4th 1829
due six months after date. Interest $ 9.26
2. Note on James and George Pitzer date 30th Decr 1829, due six
months after Date. amount $25.00. Interest $3.27
.. Amount of Debt From Whom due Date of Contract When due, Amount of Interest
3 Note $22.00 Wyatt T Woodruff March 2d 1829 Six months after Date $2.20 pd
4 Note $57.12� George Pitzer Sept 29th 1830 3 months after date $2.85
5 For $25.00 George Pitzer &
Wyatt T. Woodruff
April 3d 1827 Sept 1st 1827 $3.53
6 Note $70.00 George Pitzer Nov 3d 1830 June 1st 1831 0.
7 Note $2.50 Ezekiel Downing Jan 21st 1829 From date $0.30
8 " $50.00 Benj'n Emmons &
Joseph Summer
doutful
July 22d 1826
3 months after Date $12.00
9 " $33.00 Ezekiel Downing
& T C Downing
Aug 1st 1830 Aug 1st 1831 0
10 $30.00 Jas Murdock, Robt
Murdock, Wm Coshow
George Zumwalt &
John Zumwalt
Oct 7th 1829 May 1st 1830 $3.00
11 $31.00 Geo. Pitzer and
Wyatt T Woodruff
Sept 10th 1827 Dec 25th 1827 $4.38
12 " $25.00 Rowland Auberg April 19, 1828 May 1st 1828 $4.50
13 $5.37� Michael Grater Jany 15th 1830 From Date $0.43
14 $25.00 Thos & Rowland Awberg Dec r 14th 1830 Dec 14th 1831 0
15 $15.00 John Wolf March 18th 1831 Sept 1st 1831 0
16 $5.75 Robert Jones April 23d 1827 From Date 0
17 $10.75 George Pitzer Jan 24th 1829 From Date $2.15
18 $33.50 H. & R. Miller Jan 15th 1831 Aug 15. 1831 0
19 $30.00 Maslin Martin
& I. D Williams
Oct 10th 1830 Oct 1st 1831 0
20 $10.12� Wyatt T. Woodruff Jan 28th 1829 Feb 28th 1829 $1.00
21 $31.37� W T Woodruff
and G. Pitzer
Nov r 24 1827 May 1st 1828 $4.00
22 $6.75 Thomas Spalding May 21st 1825 May 22d 1825 $2.00
23 $1.62� July 20th 1820 David Lamesters on demand not good
24 $15.37� Ez. Downing Jan 13th 1831 March 1st 1831 .0
... ... ... continuing ... ...
41 $62.50 Wm Spencer April 24th 1816 illegible $54.50
42 $62.50 Wm Spencer April 21st 1816 June 1st 1817 $53.00
The maker of the last two notes has not been seen since they were due.
43 $24.00 John Swany of Ky 28th Sept 1813 Sept 1st 1814 $24.00
44 $1.12� Arch.d Bucham of Ky. Dec 17th 1810 Due at Date 1.38
The two notes above are considered worthless.
" An Account $17.683/4 Robert Jones. Jan. 1st 1828
" " $34.49 Wyatt T. Woodruff March 3d 1831 Date
due before
" " $8.50 Arch.d Oliver illegible
Amount of Cash on hands. $1564.25

Title Papers belonging to John Yarnall deceased
1. A Deed from Andrew L. Smith & wife to Jno. Yarnall, conveying Lot
No 11. Block 48. in the Town of Alexandria, Lincoln Co. Missouri
Dated Dec r 10th AD 1822 Recorded May 27th 1823
in the Clerks office of Lincoln County.
2d. A paper purporting to be a Deed from Robert Spencer con-
veying to John Yarnall his right to the half of a square in
the Town of St Charles, supposed to be square eighty one, dated
17th Feb 1826. neither acknowledged nor Recorded.
3d. A Mortgage Deed from Solomon Whitley and wife, to John Yarnall
of a Lot on Main Street, in the Town of St Charles to secure a
debt of $380.00. Recorded July 19th 1823. Considered worthless.
4th A Title Bond in the penal sum of $100.00 by Mary Mumbry.
Conditioned to convey to John Yarnall a fee simple title, to the half
of Square No 69. in the Town of St Charles. Dated Jan. 18th. 1826.
5th. A Title Bond in the penal sum of $100.00 by Joseph
Fagan and wife, conditioned to convey to John Yarnall a
fee simple title to the half of Squares 80 & 137 in the Town
of St Charles. Dated Jan y 18th 1826.
6th A receipt from the receiver's office at St Louis for the purchase of
the east half of South East qr. of section no 17 Township no 46 N. Range No 4 East.
containing eighty Acres. $100.00 Dated Nov. 12th 1825.
One negro man Sip, one D.o. Tom, One D.o Sam. One negro boy Vince, one d.o
Westly. one D.o Louth. one d.o Charles, one D.o George, one negro woman
Hannah. One d.o Jane. One D.o Eliza. One negro girl Sela. One negro man Jack
The last mentioned tract of land and the above named 13 negroes
were conveyed to John Yarnall Jr. by Deed bearing date the 21st day
of Nov r 1830 and recorded since the Death of John Yarnall sen. on the
11th Day of April 1831. This deed is not considered as valid.
and the negroes conveyed by it are in the possession of John Yarnall Jr
Wooden Clocks in boxes said to have been left in the custody of
John Yarnall dec d near five years ago by a clock Pedlar named L. W. Lewis
and for which a considerable debt is due from said Lewis to said Yar
nall. Said Lewis has not been in the country for about 4 years.
An inventory of money and effects came to our knowledge since
the above Inventory was made.
...


Betsy Yarnall
Amos ~~~~~
Squire ~~~~~
Washington ~~~~ &
Wm Foreman

to { Rect

James Green & S yarnall

( no 7 )

Heirs
Receipts


Received of James Green jr and Stepen Yarnall administrators of
the Estate of John Yarnall deceased the sum of One hundred and
fifteen dollars thirtyeight and 6/13 cents it being part of my
Interest as heir in said Estate. I say received by me
this fourth day of June In the Year of our Lord 1832
Washington Yarnall


Received of James Green jr and Stephen Yarnall administrators of
of John Yarnall deceased the sum of One hundred and fifteen
dollars thirtyeight and 6/13 cents it being part of my
Interest as heir in said Estate. I say received by me this fourth
day of June In the Year of our Lord 1832
Amos Yarnall


Received of James Green jr and Stephen Yarnall administra -
-tors of the Estate of John Yarnall decceased the sum of One
hundred and fifteen dollars thirtyeight and 6/13 cents it being
part of my Interest as heir in said Estate. I say received by
me this fourth day of June In the Year of our Lord 1832
his
Squire X Yarnall
mark


Received of James Green jr and Stephen Yarnall administrators of the
Estate of John Yarnall deceased the sum of One hundred and
fifteen dollars thirtyeight and 6/13 cents it being part of my
Interest as heir in said Estate. I say received by me this
fourth day of June In the Year of our Lord 1832
his
William X Forman heir by marriage
mark to Sally Yarnall


Received of James Green jr and Stephen Yarnall administrators
of the Estate of John Yarnall deceased the sum of five hundred
dollars it being part of my Dower as Widow to the said
Estate. I say received by me this fourth day of June
In the Year of our Lord 1832
her
Betsy + Yarnall Widow
mark



Subpoenas

Item One:
To Delila Yarnall wife of John Yarnall, and John Yarnall of Cooper County, Missouri
Take notice that at the next term of the county court of Saint Charles County to be held on the fourth Monday of November next, on the first day of said term or so soon as I can be heard I will move said court to assign my dower in the slaves of my deceased husband, John Yarnall, late of Saint Charles County, when and where you, as heirs of said Yarnall may attend, if you think proper. Saint Charles September 18th 1837.

Elizabeth Yarnall
widow of John Yarnall
by John D Houlter
her Attorney

The State of Missouri
County of Cooper
I Alexander S. Miller being first duly sworn on oath state that I served the within notice on the within named Delila Yarnall wife of John Yarnall and John Yarnall by delivering each of them a true copy of the same in Cooper County on the 13th day of October A D 1837
Alexander S. Miller
Sheriff Fee $1.00

State of Missouri
County of Cooper

I Benjamin Emmons Teny Clerk of the County Court within and for the County aforesaid, hereby certify that the above named Alexander S. Miller, who is personally known to me, this day, before me as Clerk aforesaid, took an oath that the above affidavit contained the truth, the whole truth, and nothing but the truth.

In testimony whereof I Benj.
Emmons Teny, Clerk as afore
said, have hereunto set my
hand and seal office, this 16th
day of October A D 1837
Benj. Emmons Teny, Clerk

Item Two:
To Amos Yarnall, Wm Foreman and his wife Sally, formerly Sally Yarnall, James Oliver and his wife Louisiana, formerly Louisiana Yarnall, Silas Yarnall, Memory Yarnall, Jeremiah Yarnall, George Potter and his wife Nancy, formerly Nancy Yarnall, Caroline Yarnall, and Rebecca Yarnall widow & relict of Squire Yarnall and Thomas S. Yarnall and John Yarnall and Sarah Ann Yarnall & Elizabeth A Yarnall heirs of Squire Yarnall dec d, Take notice that at the next term of the county court for the County of Saint Charles to be begun and held on the fourth Monday of the present month, I will apply to said Court, on the first day of the term, or so soon as I can be heard to assign me my dower in the slaves of my deceased husband John Yarnall late of the County of Saint Charles

November 4th 1837
Elizabeth Yarnall
By
John D Houlter
her agent & attorney

Item Three:
To Memory Yarnall
Take notice that at the next term of the county court of Saint Charles County in Missouri to be Begun on the fourth monday in November next I will apply to said Court for an order to make a division of the slaves of John Yarnall Senior deceased among the parties entitled to distribution thereof, And in case a division in kind of said slaves cannot be made Then for an order for the sale of said slaves and a distribution of the proceeds. The Slaves are as follows (viz) Vince, Wesly, Eliza, Harriet, Lender and Sip.

October 27th 1841
James Green jr Adm r of the estate
of John Yarnall Senior deceased

Served the within notice by leaving a true
copy with Memory Yarnall October the 28th
1841.
James Goodrich Dep y
of E. C. Cunningham cou s
of Saint Charles Township
St. Charles Co. Mo.


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File #3578, Box 85; June 1853.

Petition for Partition of Real Estate,
In St Charles Circuit Court, Missouri
October Term 1854

Rachel Green, Jacob Potter and Martha Jane his wife in right of his wife, Lorenzo Cottle and Sarah Ann his wife in right of his wife, James P. Boyes and Missouri Ann his wife in right of his wife, Henry Balthazar and Cynthia Ann his wife in right of his wife, Thomas Yarnall and Margaret Ann his wife in right of his wife, Irvine P. Green, America Green and Dulcinea Green the said Irvine P., America and Dulcinea, minors, by Rachel Green their Guardian and Joseph H. Alexander Curator of their respective Estates - and Frederick Busch Plaintiffs

Against

John Yarnall, Mary Ann Teeter, Horace N. Teeter, Philip Teeter, John Teeter, Mary E. Teeter, and Sarah J. Teeter, Defendants

Plaintiffs state that James Green, late of said Coutny of St Charles, died seized and possessed of certain Real Estate, lying in said County and described as follows:

  1. First. The North East fractional quarter of section Seventeen, in Township Forty Six North, Range Four East, containing one hundred and fifty eight and seventy five hundredths (158 75/100) acres, more or less.
  2. Second. The West half of the South East quarter of said section Seventeen, Township Forty Six North, Range Four East, containing eighty three Acres.
    The said two tracts of land were bought by and patented to Stephen Yarnall from the United States, and conveyed by said Stephen Yarnall to Warner Briscoe, the north East quarter of the north East quarter of said section by deed recorded in the Recorder's office of said County in Book L, page 301; and the remainder of said first and second described tracts by deed recorded in said Recorder's office in Book N. page 2, and sold by said Warner Briscoe and wife to George Riddle by deed recorded in said Recorder's office in Book O. page 21, and conveyed by said Riddle and wife to said James Green by deed recorded in said Recorder's office in Book P. pages 438 + 439.
  3. Third. The South West quarter of the North West quarter and the North West quarter of the South West quarter of Section Sixteen, Township Forty Six North, Range Four East, containing eighty acres, bought by said James Green at the sale of school lands of said Township and conveyed to him by the Governor of the State of Missouri by Patent dated October 11th 1848.
  4. Fourth. The undivided one half of the East half of the South West quarter of Section Seventeen, in Township Forty Six North, Range Four East, the whole tract containing eighty acres - bought by and patented to Evan Bruin by the United States, and at his death descended to his six children Laurence Bruin, Martha C. Craven wife of Wm. G. Craven, Sarah Bruin, Margaret Bruin, Matilda Bruin and Mary Bruin, and Laurence Bruin and William G. Craven and wife conveyed their interest in said tract to said James Green by deed Reocrded in said Recorder's office in Book T. page 224 and Sarah Bruin conveyed her interest therein to said James Green by deed recorded in said Recorder's office in Book W. page 350, and Margaret Bruin, by deed recorded in said Recorder's office in Book Z page 183, conveyed one sixth thereof to said Frederick Busch, one of Plaintiffs, and by a purchase made at a sale made by virture of an order of the County Court of St Charles County, said Frederick Busch has become possessed of the interest of Matilda Bruin and Mary Bruin, minors, in said tract of land.
  5. Fifth. Twelve Fifteenths (undivided) of the East half of the South East quarter of Section Seventeen, Township Forty Six North, Range Four East, the whole tract containing eighty acres. The said tract of land was bought by and patented to John Yarnall, Senior, from the United States, and at the death of said John Yarnall Sr descended to his heirs, towit: Rachel Green, one of Plaintiffs, Elizabeth Yarnall (widow, who sold her life-interest in said tract of land to Washington Yarnall), Louisiana Oliver wife of James Oliver, Elizabeth Yarnall daughter, Delila Yarnall wife of John Yarnall, her cousin, Stephen Yarnall, Nancy Potter wife of George Potter, Sally Foreman wife of William Foreman, Squire Yarnall, Amos Yarnall, Silas Yarnall, Caroline McCorkle wife of Robert M. McCorkle, Memory Yarnall, John Yarnall son of John Yarnall Sr, and Jeremiah Yarnall - And Stephen Yarnall conveyed his interest therein to Warner Briscoe by deed recorded in said Recorder's office in Book N. page 2, and Squire Yarnall conveyed his interest therein to Thomas P. Copes by deed recorded in said Recorder's office in Book L. page 73 - And the following Representatives of said John Yarnall Senior conveyed their respective interests in said tract of land to said James Green by deeds recorded in said Recorder's office in the Books and on the pages thereof following towit: Robert M. McCorkle and Caroline his wife in Book T. page 148, Silas Yarnall in Book N. page 21, Amos Yarnall in Book N. page 150, Thomas P. Copes and wife in Book M. page 327, Stephen Yarnall, George Potter and Nancy his wife and William Foreman and Sally his wife in Book M. page 192, Warner Briscoe and wife in Book N. page 152, John Yarnall and Delila his wife in Book M. page 397, Elizabeth Yarnall in Book M. page 194, Jeremiah Yarnall in Book R. page 268, James Oliver and Louisiana his wife in Book O. page 309 and Washington Yarnall in Book M. page 396, this last mentioned deed also conveying the life estate therein of Elizabeth Yarnall widow of said John Yarnall Sr, the said several conveyances making said James Green the owner of twelve undivided fifteenths of said tract of land, the said Rachel Green owning one fifteenth as one of the children and heirs of said John Yarnall Senior - And Memory Yarnall conveyed all his interest in said tract of land by deed recorded in said Recorder's office in Book O. page 295 to William Teeter who has since died leaving Mary Ann Teeter, his widow, and Horace N. Teeter, Philip Teeter, John Teeter, Mary E. Teeter and Sarah J. Teeter, his children, his only heirs at law -
  6. Sixth. A part of Survey No Twenty Nine (29) originally granted to James Green Senior, beginning at a Redbud on John Green's line at Baker Johnson's corner from which a white oak 20 inches in diameter bears S 80� d. W. 16 links and another 10 inches in diameter bears N. 20� d. E. 29 links, Thence N 62 d. E 180 (or 184) poles to a stake, corner to Richard Tagart and on the line of Thomas Caulk's Survey, Thence N 25 d. W 167 poles to a white oak on the Bluff, Thence W 25 d. S to a stake on John Green's line, Thence with John Green's line to the beginning, containing one hundred and eighty six acres more or less, bounded on oneside by lands of John Green's Legal Representatives and on the other side by lands formerly of Thomas Caulk and South by lands of Baker Johnson and Richard Tagart, being part of a larger tract of land which was confirmed to James Green, Senior.
    The said tract of one hundred and eighty six acres more or less was conveyed by James Green Sr to Squire Green by deed recorded in said Recorder's office in Book G. page 329 and by deed recorded in said office in Book G. page 501, and conveyed by said Squire Green and wife to Reson Albea by deed recorded in said Recorder's office in Book I&J. page 36, and conveyed by said Reson Albea and wife to James Tagart by deed recorded in said Recorder's office in Book I.&J. page 367, and bequeathed by said James Tagart to Rezen A. Tagart by his will recorded in said Recorder's office in Book M. page 239, and sold by the Sheriff of St Charles County under an execution against said Rezen A. Tagart and conveyed by said Sheriff to said James Green by deed recorded in said Recorder's office in Book U. page 147.
  7. Seventh. A tract of land containing twenty acres more or less being that part of the South East quarter of the North West quarter of section Sixteen, Township Forty Six North, Range Four East, which lies north west of the Boon's Lick Road, bought by Arnold Krekel at the sale of the school lands of said Township and conveyed to said James Green by said Arnold Krekel and wife.
  8. Eighth. The South fractional half of the North East quarter (on an Island in the Missouri River) in section five, in Township forty five North, Range Four East, containing
    twenty six 50/100 acres, conveyed to said James Green by the United States by Patent dated March 18th 1852.

Plaintiffs further state that said James Green died leaving Rachel Green, his widow, Martha J. Potter wife of Jacob Potter, Sarah A. Green, Missouri A. Boyes wife of James P. Boyes, Cynthia A. Green, Margaret A. Green, Irvine P. Green, America Green and Dulcinea Green, his children, his only heirs at law; and since the death of said James Green, said Sarah A. Green has intermarried with said Lorenzo Cottle, said Cynthia A. Green has intermarried with said Henry Balthazar and said Margaret A. Green has intermarried with said Thomas Yarnall; and said Rachel Green has been appointed Guardian of the persons and said Joseph H. Alexander has been appointed Curator of the Estates of said Irvine P. Green, America Green and Dulcinea Green, minors.

Plaintiffs further state that the several parties to this Petition are entitled to distribution of the Real Estate above described, quantity and quality being relatively considered, in the following proportions, towit: Rachel Green as the widow of said James Green is entitled to one third of the tracts firstly, secondly, thirdly, sixthly, seventhly and eighthly above described and one sixth of the eighty acres fourthly above described and to one third of twelve fifteenths of the eighty acres fifthly above described, as dower, for and during the term of her natural life, and to one fifteenth in her own right as one of the heirs of John Yarnall Sr; and said Martha J. Potter wife of Jacob Potter, Sarah A. Cottle wife of Lorenzo Cottle, Missouri A. Boyes wife of James P. Boyes, Cynthia A. Balthazar wife of Henry Balthazar, Margaret A. Yarnall wife of Thomas Yarnall, Irvine P. Green, America Green and Dulcinea Green are each entitled, after the assignment of dower to said Rachel Green, to one eighth of the tracts of land firstly, secondly, thirdly, sixthly, seventhly and eighthly above described and to one sixteenth of the eighty acres fourthly above described and to one eighth of twelve fifteenths of the eighty acres fifthly above described; and Frederick Busch is entitled to one half of the eighty acres fourthly above described; and John Yarnall, son of John Yarnall Sr, is entitled to one fifteenth of the eighty acres fifthly above described, appraised without considering the improvements which the said James Green has made on said tract of land; and the above named heirs of William Teeter, towit: Mary Ann Teeeter, his widow, and Horace N. Teeter, Philip Teeter, John Teeter, Mary E. Teeter and Sarah J. Teeter, his children, are together entitled to one fifteenth of the eighty acres fifthly above described, appraised without considering the improvements which the said James Green has made on said tract of land.

Plaintiffs further state that said Real Estate of which said James Green died seized will not be required for the payment of his debts; - that said John Yarnall, Defendant, is not a resident of the State of Missouri; and that the Defendants Horace N. Teeter, Philip Teeter, John Teeter, Mary E. Teeter and Sarah J. Teeter are residents of St Charles County, are minors and have no lawfully appointed Guardians.

Plaintiffs ask that a guardian adlitem be appointed for said minor Defendants, and that the dower of said Rachel Green in the lands above described by admeasured and allotted to her, to hold during the term of her natural life and that partition be made, after the assignment of said dower, of the Real Estate above described among the parties to this Petition according to their respective rights therein as above set forth, and to that end Plaintiffs ask that Commissioners be appointed according to law to make said assignment of dower and petition.

And Plaintiffs here to the Court show such of the title papers mentioned in the Petition as are in their possession and copies of such as are beyond their control.

Jos H. Alexander
Attorney for Plaintiffs
State of Missouri
County of St Charles }

Jacob Potter, one of Plaintiffs makes oath and says he believes the above Petition and the matters therein as stated are true, and that John Yarnall, one of the Defendants, is not a resident of the State of Missouri.
Subscribed and sworn to Jacob Potter
before me ~~~~~~~~~
Clerk of the Circuit Court this 29th day of June 1854
B Emmons Jr Clerk;
By Jno H Platt D.C.


Filed June 29, 1854
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File #4449, Box 106; October 1864.
St. Charles County Historical Archives, St. Charles, Missouri.

Larkin F. Howell by F.W.
Hinman, Trustee, Plaintiff. In St. Charles County, Mo
against Circuit Court
Memory R. Yarnall, Defendant November term 1864

Plaintiff states that defendant, by his promissory note herewith filed dated June 14th 1862, promised to pay said Larkin F. Howell the sum of five hundred and eighty nine and 82/100 Dollars one day after date thereof with ten per cent per annum interest. that on the 12th day of October, 1863, the said Larkin F. Howell and Patsy A. Howell his wife, by deed, duly executed and delivered, conveyed to the said F. W. Hinman, as trustee, for the purposes therein mentioned, all the real, personal and mixed estate belonging to the said Larkin F. and Patsy A. Howell, whereby the said F. W. Hinman became entitled to and possessed of the said promissory above described; that said note and the interest thereon are yet due plaintiff, amounting in the aggregate at this day to the sum of seven hundred and twenty seven Dollars and forty four cents ($727.44) and for which he asks judgment.

F. W. Hinmann Atty for Plff.

F. W. Hinman on oath says be believes the above petition
and the matters therein as stated are true.
F. W. Hinman

Sworn and subscribed before me this 15th day of October, 1864.
Ben Emmons Jr. Clerk

$589 82/100 One day after
date I promis to pay to Larken
F. Howell or order Five Hundred
and eighty nine dollars 82 cents
for value received, negotiable and
payable, without defalcation of
discount, with Interest at the rate
of ten per cent per anum, witness
my hand and seal this June 14th
1862
M. R. Yarnall {seal}


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File #4450, Box 106; March 1874.
St. Charles County Historical Archives, St. Charles, Missouri.

Francis Howell
v.
Memory R. Yarnall
& John T. Howell
Entered Book V page (122?)
Filed November 16, 1874
Jo Maher, Clerk


Francis Howell, Plff
vs In the St Charles
Memory R Yarnell and Co Circuit Court
John F. Howell, Defts March term 1874

Plff states that defendants on the 28th day of October 1858, by their promissory note herewith filed, promised to pay to Francis Howell the above named plff, one day after date the sum of six hundred dollars for value received with ten per cent interest from date.
Plff states that afterwards on the 16th day of June 1866 Defendants paid on said note the sum of five hundred Dollars.
Plff states that said note is still due and unpaid wherefore he prays judgment for the amt due on said note with interest and costs.

R Gauss
Atty for plff.

"One Day after Date we or either of us promise to pay to frances howell seignior the sum of Six hundred Dollars for value received to draw ten percent interest from date until paid witness my hand and seal this twenty eighth day of October 1858"

Memory R Yarnall {seal}
John F. Howell {seal}

Received on the within note five hundred dollars
June the 16th 1866
Franics Howell

Now comes plaintiff's attorney and informs the court that Francis Howell plaintiff in the above cause departed this life prior to the rendition of the judgment, he therefore suggests, his death and moves that Hiram B. Gostliv, Executor of the last will of Frank Howell deceased be made a party himself to this suit, its judgment, rendered be set aside and a ____ issued thereon be recalled, that a new judgment be rendered for the sum of
$1023.35 with ten per cent, interest in favor of Hiram B. Gostliv executor of the last will of Frank Howell, deceased, against Memory R. Yarnell and John F. Howell


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File #4420, Box 106; August 1902.
St. Charles County Historical Archives, St. Charles, Missouri.

In the Circuit Court of St. Charles County, State of Missouri, September Term 1902.

Orlando Howell, Sarah M. Wood, Ann M. Wright, )
Hulda M. Waters, Francis Howell, Inez Howell, )
James E. Fisher, Mary S. Irvine, Clay O. )
Fisher, Nickolas T. Fisher, Eliza Hallam )
McCoy, Jesse H. Fisher, Millie C. Huddart, )
John W. Fisher, Frank H. Fisher, Lewis N. )
Howell, Effie Lockhart, Dolly Kelly, Memory )
L. Yarnell, Vicie Tilghman, George Lee Tar- )
bell, Mary M. Freeland, George W. Foster, )
J. Larkin Howell, Wade H. Howell, Ella May- ) Plaintiffs
field Howell, James W. Howell, Brice C. Howell, )
Thomas F. Howell, Marion McKinney Howell, )
Lucinda H. Steel, Susan Hinman, C. Viola Slaughter, )
John M. McMillan, Sr., P. Wh. H. McMillan, )
Amandelia Turner, Ellen Turner, Mary L. Webb, )
Julia A. Hayes, H. T. Howell, Adam Sutton, )
James C. Sutton, John M. Sutton, Alonzo Boone )
Fisher, and Arthur L. Fisher, )

vs.
James Alonzo Howell, George W. Yarnell, )
W. C. Yarnell, Thomas Yarnell, Josiah Tarbell, )
Mary Virginia Sowden, Vella Howell, Lucinda )
Myers, Mary Ann Johnson, Coanza Stewart, I. N. )
Howell, Jesse Silvey, Josie Stewart, Daisy B. Sutton, )
John W. Coshow, Virelia E. Ferrell, Mary S. )
Yarnell and other unknown heirs of Alonza B. )
Howell, deceased, John W. Coshow, )
Executor of the estate and last will of )
Alonzo B. Howell, deceased; William M. Stewart, )
John W. Coshow, Mike Sutton and John Burton, ) Defendants.
Trustees under the last will and testament )
of Alonzo B. Howell, deceased. )

Plaintiffs state the the plaintiffs are heirs at law and interested in the estate of Alonzo B. Howell, deceased, late of the County of St. Charles in the State of Missouri, and that the defendant John W. Coshow is an heir at law and a Trustee and sole executor under a certain paper writing purporting to be the last will and testament of Alonzo B. Howell, deceased, and that the defendants William M. Stewart, John W. Coshow, Mike Sutton and John Burton are Trustees under said paper writing or pretended will; and that the defendants James Alonzo Howell, George W. Yarnell, W. C. Yarnell, Thomas Yarnell, Josiah Tarbell, Mary Virginia Sowden, Vella Howell, Lurinda Myers, Mary J. Johnson, Coanza Stewart, I. N. Howell, Jesse Silvey, Joseph Stewart, Daisy B. Sutton, John W. Coshow, Virelia E. Ferrell and Mary S. Yarnell are heirs at law of Alonzo B. Howell, deceased.

Plaintiffs state that the said Alonzo B. Howell departed this life in the County of St. Charles in the State of Missouri, on the ___ day of January, 1902.

Plaintiffs state that on or about the 29th day of August, 1896, the said Alonzo B. Howell, deceased, made and executed a certain instrument in writing purporting to be his last will and testament, and afterwards on or about the 25th day of March, 1898, he, the said Alonzo B. Howell, made and executred a certain other instrument in writing purporting to be a codicil to his said last will and testament, a copy of which pretended will and pretended codicil are hereto attached, and made a part of this petition, the original being on file in the office of the Probate Court of St. Charles County and not being in the possession or power of plaintiffs.

Plaintiffs state that on or about the 31st day of January 1902, the said pretended will and codicil were admitted to probate in the Probate Court of said county of St. Charles and letters testamentary thereon granted to the said defendant John W. Coshow as sole executor of said pretended will who took upon himself the duties of executor under said pretended will and is now exercising the powers and functions and privileges of an executor.

Plaintiffs state that the said Alonzo B. Howell, deceased, at the time he executed said instrument or paper writing, supposed to be his last will and testament, and more particularly at the time he executed said pretended codicil to said pretended will was not of sound mind and memory, but on the contrary was in his dotage, and his mind and memory were so impaired by reason of age and protracted sickness, that he was mentally incapacitated from making a will or a proper disposition of his property.


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Text and items 21 5m 2001 by
Rick Yarnell, K.C. KS.

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