Harral Boswell Probate - Jefferson Co. IL

Jefferson County, IL
Wills

Submitted By: Janet Fryar Rohlfs

PROBATE RECORDS OF HERRALL BOSWELL
Probate Box Jefferson Co., IL Photocopies of papers obtained.
NOTE: There should be a will somewhere.

(Oct. 30, 1858)
A Bill of Sale of the goods and chattels and personal estate of Harral Boswell,
late of the County of Jefferson and State of Illinois in pursuance of notice
thereof, a copy of which is hereto attached, sale made on the 30th day of
October A. D. 1858.

ARTICLES SOLD TO WHOM SOLD VALUE
1 bed stead Samuel Champion 3.50
1 rifle gun Wm. Baker 9.30
1 mans saddle Asbury Bean 2.05
1 kettle Wm. Baker 2.30
2 old ploughs Mathew Kirk .40
1 hogshead I. S. Boswell .80
Sundries J. L. Taylor .80
1 grindstone Ransome Boswell .55
3 chairs J. L. Taylor 1.30
1 chair I. S. Boswell .55
1 drawing knife Asbury Bean .30
1 axe T. L. Cotton .10
1 saw Brooks Boswell .35
1 table & sundries S. McCasland .05
1 molasses pitcher Samuel Champion .75
1 jug Asbury Bean .20
1 pr. Shears Thos. Vance 1.75
1 tub & sundries J. L. Taylor .30
1 pr. Belly? Bands I. S. Boswell .55
1 keg of nails J. L. Taylor 1.05
1 reeler & sundries Asbury Bean .40
1 History of the U. S. Enoch Osborn 3.00
1 book Felix Boswell 1.00
1 book Thos. Vance 1.05
2 books J. W. Hagle .25
1 book Ransome Boswell .80
2 books Felix Boswell .25
7 head of cabbage I. S. Boswell 1.30
1 lot plank I. S. Boswell 2.30
1 accordian Samuel Champion 2.75
1 trunk Brooks Boswell 1.35
2 & harness J. L. Taylor 1.15
1 lot of wool yarn Asbury Bean 5.10
Sundries Newton Hayes .40
2 sacks of wheat J. L. Taylor 5.00
1 lot bed clothing Thos. Vance .40
1 quilt Newton Hayes .55
2 quilts Ditto .95
1 bed tick & quilt Brooks Boswell .20
2 ditto Felix Boswell .25
1 bed & bedding Newton Hayes 9.75
1 waggon Brooks Boswell 31.75
1 bull yearling Felix Boswell 7.00
1 heifer ditto Ditto 9.25
1 cow I. S. W. Harget? 20.25
5 hoggs Alfred Dees 10.00
5 ditto Sampson Reeves 9.90
2 sows & four shoats Wm. Baker 17.00
1 acc’t. book Lewis McCasland .55
1 spade Thos. Vance 1.45
1 lot of jewelry Lewis McCasland .35
1 ditto J. L. Taylor .40
1 breast pin James Baker .50
1 ditto I. S. Boswell .50
Shaving utensils Newton Hayes 1.50
1 house to S. S. Mannen 50.00
225.55

The undersigned clerk and crier at the said sale do hereby certify
that the foregoing is a true and correct bill of the sale of the goods
and chattels of the said Harral Boswell deceased made on the 30th day
of October A. D. 1858.
Samuel Champion Clerk seal
S. S. Mannen Crier seal

(Jan. 30, 1860)
SUMMONS TO HEIRS
STATE OF ILLINOIS
Jefferson County ss.
TO THE SHERIFF OF SAID COUNTY, GREETING:
Whereas, Isaac S. Boswell Administrator of the estate of Herral Boswell
deceased, has filed his memorial, suggesting to our honorable County Court
in and for said County, that the personal estate of said decedent is insufficient
to pay his debts, and praying our said Court to grant an Order for the sale of
the Real Estate of said decedent, or so much thereof, as may be sufficient for
the payment of the said debts:
We therefore command you, that you summon Wm. Boswell, Elizabeth Boswell,
Sam’l. Boswell. Lewis C. Boswell, Mary E. Boswell, and Green H. W. Lynch,
heirs of said Herral Boswell deceased, to be and appear before our said County,
at the February Term, 1960, thereof, to be holden at the Court House in Mt. Vernon
on the 3rd Monday in February next, and show cause if any they have, why said Order
should not be granted. And have you then and there this writ.
Witness, W. Dodds Clerk of our said Court,
and the Seal thereof affixed at Mt. Vernon
in the County aforesaid, the 30 day of Jan’y. A. D. 1860
W. Dodds Clerk

(Feb. 6, 1860)
State of Illinois
County of Jefferson
I, W. Dodds Clk. County Court certify, these the assets and liabilities
of the Estate of Herrall Boswell and is a correct statement as appears from the
papers on file in my office to-wit,
whole am’t. sale bill $225.95
whole am’t. of claims proven and allowed against said estate $673.13
Excess of liabilities $447.18

Given under my hand and seal 6th Feb’y. A. D. 1860. W. Dodds Clk.

(Feb. 1860)
February Term Jefferson County Court A. D. 1860
Sitting for Probate Business
Isaac S. Boswell Administrator
Of the Estate of Harral Boswell
Vs
William Boswell, Elizabeth Boswell,
Samuel Boswell, Lewis C. Boswell, Petition to Sell Real Estate
Mary E. Boswell, and Green H. Lynch
And now on this day come the minor defendants (to wit) William Boswell,
Elizabeth Boswell, Samuel Boswell, Lewis C. Boswell and Mary E. Boswell by William Dodds
their “Guardian ad litem” and for answer to petition filed in this cause, say, that they
know nothing of the matters and things therein contained, and owing to their tender years
they are incapable of protecting their rights in the premises and therefore pray that the
Honorable Court may require strict proof of every material allegation therein contained
and in all respects protect their interest.
William Boswell
Elizabeth Boswell
Samuel Boswell
Lewis C. Boswell
Mary E. Boswell
By W. Dodds, Guardian ad litem

February Term Probate Court
Jefferson County, Ills. 1860

Isaac S. Boswell Executor
Harral Boswell dec’d.
Vs
William Boswell, Elizabeth Boswell,
Samuel Boswell, Lewis C. Boswell, Petition to Sell Real Estate
Mary E. Boswell, children of Harrall
Boswell dec’d. & Green H. Lynch

Clerk County Court will please issue summons in the above cause & oblige.
James T. Casey for Pet.

State of Illinois February Term Jefferson County Court
Jefferson County } ss. Sitting for Probate purposes A. D. 1860

To the Hon. John R. Satterfield, Presiding Judge of the County Court in and for
the County of Jefferson and State of Illinois
The petition of Isaac S. Boswell executor of all and singular
the goods and chattels rights and credits which were of Harrall Boswell late of said
county and state deceased, who died testate would respectfully represent that on or
about the 9th day of September A. D. 1859 the said Harral Boswell departed this life
testate leaving Lurany Boswell his widow and William Boswell, Elizabeth Boswell,
Samuel Boswell, Lewis C. Boswell, Mary E. Boswell, his children and heirs at law.
That the said children are all minors under the age of twenty one years and that the
said Lorany Boswell widow as aforesaid departed this life intestate in Jeff. Co. Ills.
On the day of A. D. 1859.
That on the 4th day of October A. D. 1858 Letters Testamentary were issued to your
petitioner this Hon. Court which said letters are herewith filed and prayed to be taken
as part of this petition. Your petitioner further represents that the personal estate
of the said Harral Boswell dec’d. is insufficient to pay his just debts and that so far
as the same has come to his knowledge he has applied the whole of said personal estate
towards the payment of said indebtedness, and as will appear by the report and certificate
of the Clerk of this Court there is still due and owing from the said estate the sum of
$447.18.
Your petitioner further represents that at the time of the death of the said
Harral Boswell, dec’d. he and one Green H. W. Lynch were the owners in equal parts of
the SE ¼ of the SW quarter of the NW quarter of Sec. 22 Township 4S R 2E, 3rd P. M. in
Jefferson County Ills. containing ten acres upon which said land is & was situated a saw
mill and that the debts of the said partnership have been paid. He therefore prays the
aid of the Court in the premises, and that the interest of the said Harrall Boswell in
said real estate or so much thereof as may be necessary to pay the debt of the said estate
of the said deceased, may be ordered to be sold for that purpose, that the said children
and the said Green H. W. Lynch may be made party deft’s. and a Guardian ad litem appointed
for the said minors and as in duty bound your petitioner will ever pay &c.
Isaac S. Boswell Executor
H. Boswell, dec’d.
By James T. Casey Atty.

(Jan. 21, 1861)
January Term Jefferson County
Court for Probate business 1861
To the Honorable John R. Satterfield, the Judge of the County Court, of the
County of Jefferson and State of Illinois
The undersigned, the Administrator of the goods and chattels which
were of Harrol Boswell deceased, would respectfully ask leave to report that he has
on hand, belonging to the aforesaid Estate and subject to distribution, under and by
the direction of this Honorable Court the sum of One hundred dollars, and for the
distribution of which he asks and order &c
January 21st, 1861 I. S. Boswell (his sig.)
Administrator

Sate of Illinois September Term Jefferson County
Jefferson County Court Probate Business A. D. 1861

Isaac S. Boswell Executor of Herrell Boswell deceased the plaintiff in
this suit By Tanner Casey his atty. complains of Green H. W. Lynch and John Darnall
the defendants in this suit who have been summoned to answer the dec’d. plaintiff
of a plea of trespass on the case on premises.
For that whereas the said defendants heretofore (to-wit) on the twenty third
day of April 1860 at the County of Jefferson and State of Illinois the said Green H. W.
Lynch in an abbreviated name & style of “G. H. W. Lynch” and the said John Darnall,
made there certain joint and several promissory note in writing bearing date a certain
day and year therein mentioned (to wit) the day and year aforesaid and thereby then and
there jointly and severally promise to pay twelve months after the date thereof with said
plaintiff as Executor as aforesaid, the sum of Four Hundred thirty five Dollars and fifty
cents for value received. And then and there deliver the said promissory note to the
said plaintiff by means whereof and by force of the statute in such case made and provided
the two defendants then and there became liable jointly and severally to pay to the said
plaintiff the said sum of money in the said promissory note specified according with terms
and effect thereof. And being so liable, they the said defendants in consideration thereof,
afterwards (to wit) on the day and year aforesaid, at the court and state aforesaid, undertook
and there and then faithfully promised the said plaintiff to pay him the said sum of money
in the said promissory note specified according to the terms & effect thereof.
But nevertheless the said defendants jointly or severally did not twelve months
after the date of the execution of the said promissory note pay to the said plaintiff the
said sum of money therein specified, or any part thereof, according to the terms & effect
thereof but to pay the same to the said Plaintiff the said defendants jointly & severally
have hitherto wholly failed & refused, and still do fail and refuse to do so…to the damage

of the said plaintiff as Executor as aforesaid of Four Hundred Dollars & therefore he sues.
And the said Plaintiff brings now here into Court the letters testamentary of Herral Boswell
dec’d. whereby it fully appears with said Court that the said plaintiff is Executor of the
last will & testament of Herral Boswell, dec’d. & hath the execution thereof.
Tanner Casey Atty. For Plaintiff
(Copy of note sued on. ) April the 23rd of 1860
twelve months after date we or either of us promise to pay I. S. Boswell Executor of
Herral Boswell deceased the sum of Four Hundred and thirty five dollars & 50 cts. for value
received, given under our hand &c &c. “G. H. W. Lynch”
“John Darnall”
Credit
Dec. 25th 1860 $87.175
June 28th 1861 $16.64
Total $103.815
Am’t. of principle & interest due Sept. 17, 1861 $339.85

(Dec. 16, 1861)
STATE OF ILLINOIS,
JEFFERSON COUNTY ss.
This affiant James J. Fitzgerald being first duly sworn on his oath says that
he has an allowed and probated? claim against the Estate of Harral Boswell dec’d.
for the sum of over One Hundred Dollars, that Isaac S. Boswell is administrator
of said estate and that one John Hagle is the security of the said Adm’r.
This affiant further states that he is informed and believes that the
said John Hagle has left the said County of Jefferson and that the said Boswell
is about to leave said County. He therefore prays that the said Boswell may be
compelled to giver further security as adm’r. aforesaid. That this affiant fears
he will loose his said claim unless further security is given.
J. J. Fitzgerrell (his sig.)

(Dec. 16, 1861)
STATE OF ILLINOIS,
JEFFERSON COUNTY ss.
The People of the State of Illinois to the Sheriff of said County, GREETING:
We command you, that you attach the body of Isaac S. Boswell, Executor of
Herrall Boswell, dec’d., if to be found in your County, and him safely keep
so that you have him before the County Court of said County for Probate Business
on the third day of the next term thereof, Wednesday, December 18, 1861, to be
commenced and holden at the Court House in the town of Mt. Vernon on the third
Monday in the month of December inst. to answer The People of the State of Illinois,
for a contempt of Court in not attending as Administrator in a certain case then
pending before said Court at the December term thereof A. D. 1861 wherein The People
of the State of Illinois Plaintiffs and you are Defendant, although regularly notified
so to do; and hereof make return according to law, and have then and there this writ.

Witness W. Dodds Clerk of our said Court and the Judicial Seal
Thereof, at Mt.Vernon, this 16th day of December A. D. 1861

DEBITS AGAINST ESTATE (Misc. papers in file)
(no date)
Harril Boswell Dec. Dr. [debtor]
To Felix Boswell on account to the payment of a security debet in favor of James Hicks
Administrator of the Estate of Isaac Hicks $58.30 cents
And also a doctor bill paid to Dr. Pace and Hodge Riss?? $12.00
To balance on account $ 2.00
$72.30
the above account is just to the best of my reculation. I refer you to the account
in the hands of Isaac Boswell Administrator of the estate of Harril Boswell deceased.

State of Illinois Jefferson
Before me a Justice of the Peace in and for said County personally appeared Felix Boswell
creditor of Harril Boswell Dec. who doth depose and say that the above stated account is
just and true to the best of his knowledge and belief.
Sworn to before me on this 29th day of October 1860 P. J. Candiss J. P.

November the 28 1856
One day after date I promise to pay to J. F. Fitzjerrell twenty eight dollars and fifty cts.
Bearing ten percent interest for loned money for value received of him. Harral Boswell

Promise to pay J. F. Fitzjerrell or order One Hundred and twenty four 25/100 Dollars,
Harral Boswell (his sig.)
I. S. Boswell (his sig.)

Gazaway Elkins Note filed $4.25
Vs. Interest $ .18 ¾
Harold Boswell

Serving & docketing .31 ¼ Summons issued to John Darnall Const. 24 May /58
Judgement .25 Summons returned. Served by acknowledgement.
f. fa. One .25
coppy .25
1.06
Judgement rendered against said Boswell for four dollars 35 cts. & cost herein the 5 day
of June 1858.
Const. Cost 40 cts. John Darnall interest from date of judgement
Fifa issued the 27 day of Aug. 1858.
I hereby certify that this is a true copy of a judgement in favor G. Elkins and against
Harald Boswell the 12 day of February 1859 from my docket page 59.
Elisha Wilson J. P.

Harral Boswell Dr. [debtor] to James Bodine
To mare to my horse by the insurance $5.00
Feby. 7, 1859