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St. Clair County Circuit Court

St. Clair County Circuit Court
Microfilm Transcripts

APRIL TERM 1848

Page 61:

April Term AD 1848

At a Circuit Court Commenced and held at the Courthouse in the Town of Osceola in St. Clair County in the State of Missouri on Monday the 24th day of April AD 1848 –
Present Foster P. Wright Circuit Judge
Chas. P. Bullock Clerk
Zachariah Lilly Sheriff

William J. Mays, Administrator of the estate of Charles Beale deceased – Compt
Vs
Warwick Gatewood, Margarett Gatewood, William S. Kean, Catharine S. Kean, Andrew Fudge, Harriett Fudge, Sarah Beale, Charles McClung, Tavenor Beale, John Beale, Robert K. Beale, James Beale, T. Jordan Beale, William K. Beale and George P. Beale – Defendants
Now at this day comes the defendants Robert K. Beale, T. Jordan Beale and George P. Beale by their attorney and by leave of the Court files herein their Answer to the Said Complainants Bill.

Ordered that Court adjourn untill Tomorrow morning 8 Oclock. F.P. Wright

Tuesday Morning 8 Oclock Court met pursuant to Adjournment
Present as on Yesterday

William J. Mays adm’r of the estate of Chas. Beale dec’d
Vs
Warwick Gatewood, Margarett Gatewood, William S. Kean, Catharine S. Kean, Andrew Fudge, Harriett Fudge, Sarah Beale, Charles McClung, Tavenor Beale, Jno. Beale, Robt. K. Beale, James Beale, T. Jordan Beale, William K. Beale and George P. Beale
Now at this day comes the parties by their attorney, and the defendant Robt. K. Beale by his attorney & moves the court for leave to withdraw his answer in this cause filed and to file his answer herein in Vacation and to him leave is granted and the defendant Jno. Beale failing to answer to Complaint Bill which is by the Court nullified said Petition and given Replevin considered as filed as to the answers



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April Term AD 1848

of William S. Kean and Catharine S. Kean, Andrew Fudge & Harriett Fudge, Sarah Beale, Tavernor Beale and John Beale, Thos. J. Beale & George P. Beale.

Ordered that Court adjourn untill Tomorrow morning 8 Oclock. F.P. Wright

Wednesday morning 8 Oclock
Court met pursuant to adjournment
Present as on yesterday

William J. Mays adm’r of the estate of Chas. Beale dec’d – Compl
vs
Warwick Gatewood and Margarett Gatewood, William S. Kean And Catharine S. Kean, Andrew Fudge and Harriett Fudge, Sarah Beale & Charles McClung, Tevernor Beale, John Beale, Robert K. Beale, James Beale, T. Jordan Beale, Wm. K. Beale & George L. Beale – Defts
Bill in Chancery for division herein of estate
Now at this day Comes the parties by their attorneys and on Motion of James Beale by his attorney leave is given him to make and file his affidavit to his answer in this cause 30 days before the next term of this court.

Pleasant M. Cox adm’r of the estate of Robert P. Crutchfield dec’d – Complt
vs
H.W. Crow, P. Crow & James G. Hennan – Defts
Bill in Chancery
Now at this day Comes the Complts by his attorney and on his motion this Cause is dismissed at his costs.

Wm. J. Mays adm’r of the estate of Chas. Beale dec’d
vs
Warwick Gatewood and wife, Robert K. Beale and other heirs and distribution of the estate of Charles Beale dec’d
Now at this day Comes the Complainant by his Attorney as well as the said defendants William S. Kean, Catharine S. Kean, Andrew Fudge, Andrew Fudge



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April Term 1848

and Harriett Fudge, Sarah Beale, Tavernor Beale, John Beale, Robert K. Beale, James Beale, T. Jordan Beale, and George P. Beale by their attorneys and Wm. K. Beale, Warwick Gatewood, Margarett Gatewood and Charles McClung being severally Called Comes not but makes default – whereupon it being proven to the Court that the order of publication has been Served on the said defts according to law it is therefore ordered and decreed that the Said Complainants bill be taken for Confessed against the said Warwick Gatewood and Margarett Gatewood his wife And Wm. K. Beale Whereupon and on motion of S’d Complainant it is ordered by the Court that Charles P. Bullock be and he is hereby appointed Commissioner to audit allow and adjust the matters of account of the estate of the said Charles Beale dec’d and the administrator debones non of said estate, the amounts advanced to the distributors of said estate To wit To audit and state a true and Correct account 1st of the amount of all of the personal property of the estate of Charles Beale deceased which has come or will Come into the hands of the said Mays administrator of said Estate of bonds notes and other Evidences of debt effects slaves & and the actual value of the same and of each slave belonging to said Estate at the next term of the St. Clair Circuit Court 2nd of the amounts of the Claims which have been allowed against the estate which have been paid as well as those yet unpaid if any 3rd the Amount paid laid out and disbarred by the said Mays adm’r of Said estate in payment of debts & claims against the Estate as well as for the expenses and Costs of administration on Said estate 4th the amount advanced to the distribution or paid to them and each of them Since the death of Charles Beale dec’d 5th also the amount advanced to each of the distributors as admitted in their several Answers as well as Such Sums of Money or paying advanced which have not been admitted in said answers as well as the Value thereof before the death of the S’d Charles Beale dec’d 6th Also the amount that each distributor is entitled to the estate 7th also the value of the Services of the said Mays adm’r of the estate of s’d Charles Beale dec’d in attending to the affairs of said estate, 8th in assenting the amount of assets in the ___ of said Mays interest shall be Computed on the notes or bonds due the estate up to the next Circuit Court of St. Clair County by said Commissioner and Said Commissioner shall proceed according to the law as in Such Case made and provided and to make a full report to this Court at the next Term thereof when this Comes on for hearing.

Ordered that Court adjourn untill Court in Cause. F.P. Wright

 

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