Horance B. Shepard, admin de Bonis non. of Robert Benefiel, deceased vs George Clark, Isaac N. Whittelsey and John Hollingsworth 1847

Description:	The file contains the will of Robert Benefiel. Robert Benefiel wrote his will September 6, 1837. He wanted his four sons to have the farm property and the five daughters to have the movable property. Once the youngest son was 21, the farm property was to be divided equally among the boys and when the youngest daughter reached 18, the movable property was to be divided between the daughters. Daughter, Jorinah Hall, owed the estate,$400 and if the $400 was paid back to the estate, she was to receive an equal amount of the movable property. If she had not paid back the money, she was to receive $10. His wife, was to receive 1/3 of all his real estate and at her death the property was to go to the sons. The will was witnessed by Peter Hone, George Wiles and Daniel Learyer. On September 22, 1837 Mary Benefiel was made adminisrtrix of the Robert Benefiel Estate by W.R. McCord for Alexander Scott, Clerk. A complaint was filed in the Knox County Probate Court by Horace B. Shepard, administrator de Bonis non, for Robert Benefile deceased, and asked that George Clarke, Isaac N. Whittelsey and John Hollingsworth be named defendants. The complaint stated that Mary Benefiel took in administrator letters and filed her bond on a sum of $3000. William Mieure and Robert Smith were security. On March 7, 1838, she filed an inventory and monies of $2,921.20 of the estate. After the filing of inventory and funds, Mieure and Smith became insolvent and on a complaint to the Circuit Court, Mary filed addition bond of $6000 with George Clarke, Isaac N. Whittelsey and John Hollingsworth as security. August 17, 1842, Mary Bebefiel died without making any settlement of the estate. August 29, 1842, Roland Hall took letters and became administrator de bonis non of Robert Benefiel. September 1, 1842 he filed his bond with Samuel James and Henry Step as security for $500. On November 21, 1842, Horance Shepard letters of administration de bonis on the will amend were granted to Horance Shepard and he filed his bond with John B. Haper with $500.00 security and he was the administrator de bonis non of Robert Benefiel deceased. In the complaint he listed a number of concerns he wanted addressed by the defendants. A summons was issued for George Clarke, John Hollingsworth and Isaac N. Wtittelsey by W.R. McCord, Clerk to appear at the August Term of Probate Court 1843. It was executed by Abraham Smith, Sheriff with fees of $3.00. In the response, the defendants made to the complaint, they stated that the inventory was made three years before they became security and they had no knowledge of the amount of the assets of the Robert Benefiel Estate. They stated that Mary Benefiel used assets to support the children. The fifth document is the response to the defendants responses. It stated that the defendants did not answer the questions. The sixth document September 7, 1843 George Clarke, Isaac N. Wittelsey, John Hollingsworth and Samuel Judah are bound to Horace B. Shepard in sum of $25.00 to be paid to appeal the suit move to Circuit Court. On April 8, 1844 a receipt was written to William R. McCord, Clerk of Knox County Circuit Court for 2 transcripts and one fee bill by Van Trees, Clerk of Daviess County Circuit Court. On October Term 1844, Court transcript of Daviess Circuit Court, David McConald, Cornelius Birkshire, and Kenneth Dye the appeal was dismissed for want of jurisdiction. Signed Jonathan Van Trees. A request for summons for John S. Benefiel, Daniel Lenor, and Margaret Hoffam was made by A.T. Ellis. On November 8, 1847, John Benefiel, Daniel Lenor and Margaret Hoffman were summoned to court by W.R. McCord, Clerk. The summons were executed by Bushe the bailiff. Isaac Mass, Sheriff. $2.67 1/2 fees were attached.
Origin:	2017-01-10
Created By:	Indiana. Probate Court (Knox County);
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/19821
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Court records -- Indiana Territory -- Knox County Executors and administrators -- Indiana Territory Farms -- Indiana Territory Bonds -- Indiana Territory Lawyers -- Indiana Territory Probate courts -- Indiana Territory Probate records -- Indiana Territory Heirs -- Indiana Territory Court Records

Further information on this record can be found at its source.