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St. Clair County Circuit Court
Microfilm Transcripts
OCTOBER TERM 1848
Page 64:
October 23rd AD 1848
At a Circuit Court Commenced And held at the Courthouse in the Town
of Osceola in St. Clair County Mo. on Monday the 23rd day of October
AD 1848
Present Foster P. Wright Circuit Judge
Chas P. Bullock clk
Zachariah Lilly shff
William J. Mays adm’r of the estate of Charles Beale deceased Complt
vs
Robert K. Beale And other heirs and distributors of the estate of
Charles Beale deceased – Defts
Bill in Chancery for distribution
Now at this day Comes the parties by their solicitors And the
Commissioner appointed on this Cause at the last term of this Court
files herein his report and the Said Defendants Tavernor Beale,
James Beale, Thomas J. Beale, Robert K. Beale, George P. Beale and
Wm. K. Beale by leave of the Court files herein their Exceptions to
said report.
Elizabeth Y. Sams widow of Burdett Sams
vs
Edmund Sams, Thomas Foster & others
Petition for admeasurement of dower
Now at this day Comes the Complainant by her solicitor And by leave
of the Court files herein her petition.
Ebenezor Gash – Complt
vs
Alfred Gash Adm’r of the estate of Wm. Gash dec’d and others – Defts
Bill in Chancery
Now at this day Comes the parties by their attorneys and on Motion
of the defendants by their attorney leave is given them to file
their answers to s’d Complts Bill 30 days before the next term of
this Court, untill which time this Cause is ordered to be Continued.
Ordered that Court adjourn untill Tomorrow morning 8 Oclock. F.P.
Wright
Page 65:
October 24th AD 1848
Tuesday Morning 8 Oclock Court met pursuant to adjournment
Present as on yesterday
William J. Mays adm’r of the estate of Charles Beale deceased
vs
Warwick Gatewood & Margarett Gatewood, William S. Kean & Catharine
S. Kean, Andrew Fudge and Harriett Fudge, Sarah Beale, Charles
McClung, Tavernor Beale, John Beale, Robert K. Beale, James Beale,
T. Jordan Beale, Wm. K. Beale and George P. Beale
Bill in Chancery for distribution of Estate
Now at this day Comes the Said parties by their Solicitors and the
Exceptions to the report of the Commissioner appointed in this Cause
having been required and by the Court here duly considered, And the
Court being of Opinion that the only Matter Contained in the bill
and answers and in the report of Said Commissioner which the Court
ought now to addvaicate is that in retro term to the advancements
alledged to have been made by the Said Charles Beale in his life
time to the Said heirs and distributors here the Court being further
of the Opinion that the report of said Commissioner so far as
relates to Said advancements made in the lifetime of said deceases
is in all respects regular, It is therefore Considered and adjudged
by the Court that said report So far as the same relates to said
admeasurements be affirmed as and so far and relates to the other
matters and things therein Contained the same be disallowed – And
this Cause now coming on to be heard, And it Appearing to the Court
And the Court doth find that the Said John Beale And the said
Warwick Gatewood and wife have received their share of the estate of
said Charles Beale deceased in his lifetime And refuse to Come into
the ds’t prb ct, It is therefore Ordered Adjudged And decreed that
Said Adm’r in Making distribution of Said estate do not make any
distribution to the said John Beale nor to said Warwick Gatewood his
wife – And it further appearing to the court by the report of Said
Commissioner and the court doth find that the following defendants
as be is and distributors of said estate here received by way of
advancements in the lifetime of said Charles Beale deceased the
following Amounts respectively to Wit William K. Beale has received
the amount of Three Hundred Dollars, Robert K. Beale the amount of
One Thousand and twenty three Dollars and thirty three Cents –
Andrew Fudge And Wife the amount of Seven hundred and Ninety seven
dollars and fifty cents – William S. Kean and wife the Amount of
Sixty Dollars – Charles McClung the Amount of Seven Hundred and five
Dollars – And the said Tavenor
Page 66:
October Term AD 1848
Beale and James Beale Suggests here to the court that there is a
Mistake in their answers in sitting forth the value of the slaves by
them received by way of advancement and ask leave to amend the same
in that particular, And the parties by their Solicitors consent that
the same May be done And that Said Commissioner Correct his report
in Setation to the amounts advanced to said James and Tavernor Beale
upon the filing of their amended answers if any such Consideration
Shall be necessary, And leave is given to said Tavernor and James
Beale to file their amended answers by the 15th day of November
next, And it is ordered that said Commissioner Report to this court
at the next term thereof the said Amendments on whether any shall
have been made or not – at which time the same is set to be heard by
this Court – It is further ordered adjudged and decreed that said
administration in making distribution of said estate take into
consideration the said several amounts so found as advanced to said
several distributors and that distribution be Made to them as thence
considering and Amounts advanced to them Respectively – And the
Court being of Opinion that Said administrator ought to continue the
Settlement of his administration of said estate in the county court
of said St. Clair County where the same was commenced, he is
directed by the court here to Continue his administration in Said
County Court – And as it is not now Known to this Court what amount
of Said estate will remain to be distributed upon a final
administration thereof, nor whether the aid of this court may upon
final administration be necessary And prosper in Compelling any of
said distributors to refund Any Excess they may have received if it
should be so found It is ordered that this cause for that purpose
stand over untill Such final Settlement or the further order of this
court And it is further Ordered And decreed that the Costs which
have already accrued be paid by Said administrator out of the funds
of said estate And that the said Charles P. Bullock be allowed the
Sum of fifteen Dollars for his Services as commissioner in this
cause And leave is given said administrator to withdraw the Vouchers
by him filed before said Commissioner and presented to the Court by
him.
Page 67:
October Term AD 1848
Elizabeth Y. Sams – Complt
vs
Edmund Sams, Thos. Foster and others – Defts
Petition of admeasurement of Dower
Now at this day Comes the parties by their attorneys and the
Defendants Thomas Foster, Aurora Foster, Edmund Sams, John Roberts,
Rebecca Roberts & Uriah L. Sutherland by their attorneys And upon
their Motion leave is given them to file their answers in vacation
at least 30 days before the next term of this Court, and it is
further ordered that a summons issue as to the residence of the
defendants returnable to the next term of this court untill which
time this Cause is ordered to be Continued.
Ordered that Court adjourn untill Court in Course. F.P. Wright
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