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: InventorySworn 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 |
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 |
" | 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 |
Washington | Yarnall |
Amos | Yarnall |
his | |||
Squire | X | Yarnall | |
mark |
his | |||
William | X | Forman | heir by marriage |
mark | to Sally Yarnall |
her | |||
Betsy | + | Yarnall | Widow |
mark |
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.
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.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
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.
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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
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:
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 } |
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. |
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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.$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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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.
"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}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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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, | ) |
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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