Probate of John Simmons Estate
Submitted by: Vonda Lee Heverly
Sources: Orange County Probate Order Books, cited through document
Probate Order Book 2
- p. 641: (20 Jan 1847) In vacation: Be it remembered that on 20 Jan
1847 letters of administration upon
all and singular goods, chattles, rights, credits, money, and effects which
were of John SIMMONS,
decd., was granted to Edward W. MOORE. Bonded $1500, William MARLEY security.
Probate Order Book 3
- p. 18: (24 Feb 1847) Elizabeth SIMMONS v. Wm. MARLEY et. al. in dower.
Cause continued until next session.
- p. 19: (24 Feb 1847) Contains two entries regarding fees; Edward MOORE
administrator for John SIMMONS estate.
- p. 55: (26 May 1847) Names all of the same people who are in the civil
suit (see below); Elizabeth SIMMONS
is assigned her dower in the lands in the petition mentioned; specific
sections are mentioned which
John SIMMONS had deeded to Sally Jane SIMMONS and Julian SIMMONS.
- p. 74: (23 Aug 1847) Commissioners report that dower is assigned and
set over to Elizabeth SIMMONS widow of John SIMMONS Sr. late of Orange
County.
- p. 78: (24 Aug 1847) Edward W. MOORE admr of John SIMMONS estate files
an inventory of $234.37, and also files sale bill for $277.98.
- p. 213: (28 Aug 1848) Proceedings transferred to Circuit Court due
to interest of Wm. CATHCART judge of this court, he being an heir in John
SIMMONS estate.
Civil Order Book 4
- p. 207: (Saturday, 16 Sep 1848) Edward W. MOORE, admr. for John SIMMONS
decd cause continued until next term.
- p. 232: (Friday, 14 Mar 1849) Edward W. MOORE, admr. for John SIMMONS
decd suggests that John BAKER esq. be appointed guardian of Julia Ann,
Sally J., William, Leonard, and James SIMMONS, minors.
- p. 235: (Saturday, 17 Mar 1849-dates are inconsistent?) Edward W. MOORE
admr. for John SIMMONS decd; by the return of sheriffs of Washington, Orange,
and Dubois Cos., subpoenas were served on the following:
Wm. and Eleanor MARLEY; Wm. and Margaret CATHCART; Leonard, Wm., and Alexander
SIMMONS; Elizabeth
Jane, Julia Ann, James, Elizabeth, and Alexander SIMMONS more than 30 days
before the first day of
the present term of this court.
Also, notice of pendancy of this suit has been given to Moses, Adam, and
Benjamin SIMMONS by public
notice in the "American Eagle". Said Moses, Adam, and Benjamin
SIMMONS, and Leonard, Wm., Alexander,
and John SIMMONS come not, but make default.
Juliann, Sally J., Leonard, James, and Wm. Jr. are minors within the age
of 21; court appoints John
BAKER a discreet (sic) and disinterested person as guardian.
- p. 236: (continued from above) Wm. CATHCART and Margaret his wife file
their disclaimer in which they consent
that distribution of said estate be made amongst the other heirs.
"Said Wm. MARLEY in right of his wife and Jesse ARCHER in right of
his wife and himself and Larkin
COMPTON in his own right and in right of his wife Elizabeth COMPTON formerly
Elizabeth BAILEY with
whom he the said Larkin COMPTON has intermarried since the commencement
of this suit, appear and file
their several answers to said bill of complaint."
Distribution of the estate ordered:
Total assets: $527.93
Total claims: $308.44
Left for distribution: $219.29
One third to the widow $73.09
Jesse W. ARCHER and wife $36.30
Wm. MARLEY and wife $29.30
James MAY and wife $36.30
Larkin COMPTON and wife $44.30
The remaining heirs having been advanced by the said John SIMMONS in his
life time an amount exceeding the shares
of ARCHER, MARLEY, MAY, and COMPTON. Ordered that admr. distribute as above.