John A. Spracklin’s probate process was complicated. In the last post I gave a summary of the court clerk journals and the packet for his probate.
In this post I wanted to share the process of selling the land holdings of John for payment of debts.
John’s estate did not have enough cash or personal possessions of any value to sell to pay debts. The appraisers gave the personal possession to Drusilla for the care of her children.
Meanwhile, the administrator moved quickly to sell John’s land holdings to cover the costs of administration and for the support of the three children.
Drusilla gave up her right of dower in land in order to sell the real estate. She opted instead for her dower in money to support her children. I thought at first that was a bit odd but I learned from the information presented below that she actually went to the courthouse and bid on one of the pieces of land that her late husband had owned. She was then able to provide a home for the children.
Source: Probate Court records, Vol. 2, page 619 to 622 Selling of Land to pay debts, or Box 40, 197, Knox County, Ohio Probate Records.
In the beginning of this document they repeat the process of the Petitioner asking to sell the real estate.
The State of Ohio, Knox County, Mr. McClelland, Adm of John A. Spracklin dec’d vs. Drusilla E. Spracklin et. al.
Proceedings had before Thomas V. Parke, Judge of the Probate Court within and for said County, on the 22nd day of Sept AD 1863.
Be it remembered that heretofore to wit, on the 7th day of August AD 1863. Mr. McClelland, Admr. of John A. Spracklin dec’d filed in said Court his Petition to sell real estate, belonging to said decedent which said petitioner _________and prepares following to wit,
To the Probate Court within and for Knox County, Ohio
Your Petitioner W. McClelland, Adm’r of John A Spracklin dec’d, respectfully represents that the said John A. Spracklin left no personal property in Ohio applicable to the payment of his debts or for the support of his widow and children. That the debts owing and which should be paid out of the assets of his said Estate as nearly as I ____know of the claim amount to about $120.00 that the appraisers have set off to ____of the children for their support for one year the sum of $300 and that to this the cost and expenses of administration will have to be added and that there is no means by which the money for such purposes can be obtained, other than from the sale of the real estate left by the said John A. Spracklin.
Your Petitioner further represents that the said decedent died ___in fee simple of the following real estate situated in Knox County, Ohio. To wit, the one under______part of Lot No. 42 in Norton’s Northern addition to the Town of Mount Vernon, Knox County O. Also the one under___seventh part of a tract of land in the 1st quarter of the 6th twp. & 13 range US Military Lands in Knox County, being Lot No. 18 in the Plat of the survey of the Peter Davis farm, recorded in Book HH, page 2, in the recorder’s office Knox County, Ohio. Also the ______seventh part of a tract of land & being part of the S.E. qtr of section 22 Twp. 7, range 13, Knox County, Ohio. Con_____at the south-west corner of said quarter, thence north along the west line of said quarter 18 rods & 11/100 to a post on the line, thence east 53 rods to a corner, thence south 18 4/100 rods to a corner on the south line of said quarter, whence a white oak 12 in dia hence north 38 degrees 40’ distance 14 links, thence west on the township line to the place of beginning 53 rods, containing 6 acres more or less. Also the _______part of a tract of land situate in Knox County, Ohio to wit, the one ________ part of One Hundred & Thirty of land, off the east side of Lot no. 2, and forty acres off of the east side of Lot no. 3 in the second (2) quarter of the sixth Twp (6), and 14 Range, all of said _____premises being the same land on which John Spracklin late of said county deed ____constituting his homestead farm.
Your Petitioner further presents that in pursuance of an order of the Probate Judge in and for Knox County O, the app_____appended to ______ of the estate of said John A. Spracklin app____said several trusts of lands as follows the first trust shown described at $50.00, the 2 – tract at $21.43. The third tract at $49.00 and the 4th tract at $772.00.
Your Petitioner further represents that the said decedent John A. Spracklin dead leaving Drusilla E. Spracklin no mean who is entitled to dower in said real estate and also leaving the following his heirs, and having the next estate of inheritance in the premises here described to wit: John Clement Spracklin aged 6 years, Charles Nathaniel Spracklin aged three years and George Henry Spracklin aged 11 months.
Your Petition asks that the said widow and children may be made parties defendants to this ____ that the dower estates of the said Drusilla E. Spracklin may be set off and assigned to ____ on each other orders be made in relation to the same as shall be right & proper ___and that your petitioner may be ordered to sell said real estate and that all such other and further orders may be made herein us shall be accepting & proper. Wm. McClelland
The State of Ohio, Knox County SS
I Wm. McClelland make out and say that the matters and things set for in the foregoing Petition are true as I ____ believe. Sworn to by W. McClelland before me, and subscribed by him in my presence the 7 day of August A.D.1863. Thomas V. Parke, Probate Judge.
And afterwards to wit; on the 7 day of August AD 1863 said Petitioner filed in said Court Notice & proof of service in said debts together with answer of said Widow, which said notice & proof and _____sends in _____and figures following to wit.
Notice to pay Debts:
Wm. McClelland Admin of John A. Spracklin dec’d, vs. Drusilla E. Spracklin et. al
In the Probate Court of Knox County, Ohio, Petition to sell land
To John Clement Spracklin, Charles Nathanial Spracklin and George Henry Spracklin.
You and each of you are hereby informed that I have filed a petition as administrator of the estate of John A. Spracklin, dec’ in the Probate Court for Knox County, Ohio for the sale of the real estate of said decedent and shall in pursuance of the _____of said Petition on the 22 day of August AD 1863 or as soon thereafter as counsel can be heard, ask for an order from the assignment of dower of the widow of said John A. Spracklin in and for the sale of the following real estate situated in Knox County, Ohio. To wit, one seventh (1/7) Lot No. 42, in Norton’s Northern addition to Mt. Vernon. 1/7 of Lot no. 18 on the Plat of the deed division of Peter Davis farm, 1/7 of a six acre tract in SE qtr of Section 22, 7th Twp & 13 Range and 1/7 of 180 Acres parts of Lot 2 & 3 in the 2 quarter, 6 Twp., & 14 Range & reference to the Petition is hereby had for a full & perfect description of said premises. Wm. McClelland, Admin of J.A. Spracklin
The State of Ohio, Knox County SS
I William McClelland admin of John A. Spracklin make such and say that I ____ in written notice on each of the within named heirs, on the 7th day of August AD. 1863 of which the within is a true copy. Sworn to and subscribed before me this 7th day of August AD 1863. Thomas V. Park, Probate Judge.
Answer of the Widow:
William McClelland Admin, Of John A. Spracklin, dec’d, vs. Drusilla E. Spracklin, et. al.
In Probate Court of Knox County, Ohio, Petition to Sell Land,
I, Drusilla E. Spracklin, widow of John A. Spracklin dec’d hereby rescind my right to have dower assigned me by metes and bounds in the premises described in the petition and consent out the sale of same, electing to have interest set off to me in money out of the proceeds of such sale.
Signed by Drusilla E. Spracklin
Order to sell the real estate:
And afterwards to wit, on the 22 day of August AD 1863 and order was granted by said Court to said Admin. To sell said premises in said Petition described, which said order reads n words and figures following to wit.
William McClelland Admin Of John A. Spracklin, dec’d, vs. Drusilla E. Spracklin, et. al.
Petition to sell Land, Court of Probate, Knox County, Ohio, Augs. 22, AD 1864? (Mistake should be 1863)
On motion to the Court by William McClelland atty for the petition, and it appearing from the proof _____that due notice of the Pending of this proceeding has been given to the defendants heirs of the said John A. Spracklin dec’d, and that the widow acknowledged ______and it also appearing that by order of the Court, an appraisement of the premises described in the petition was made by the appraisers of the personal estate of the said John A. Spracklin and ______ in the inventory and also appearing from the answers of said defendant Drusilla E. Spracklin the widow of the said deceased that she has relinquished the right to have dower assigned to her by metes and bounds if any such she had, and elected to have the same set off to her in money out of the proceeds thereof. It is therefore ordered that the said Petitioner proceed according to law, to advertise and sell the interest of the said John A. Spracklin dec’d in said real estate at the door of the court house, at not less than 2/3 of such appraisal value, upon the following terms, to wit. One third in hand one third in one year and the balance in two years, with interest from the day of sale and that he make (page 621) report of his proceeding without unnecessary delay. T. V. Parke, Probate Judge.
And affirmed to wit on the 22 day of August AD 1863 a duly certified copy of the ___order together with a description of said premises with a command under seal of this Court to the said Admin to proceed in the ______and sell said real estate ____duly ______which said ______commands ____in words & figures following to wit:
one seventh (1/7) Lot No. 42, in Norton’s Northern addition to Mt. Vernon 1/7 of Lot no. 18 on the Plat of the deed division of Peter Davis farm, 1/7 of a six acre tract in SE qtr of Section 22, 7th Twp & 13 Range and 1/7 of 180 Acres parts of Lot 2 & 3 in the 2 quarter, 6 Twp., & 14 Range all of said last described premises being the same land of which John Spracklin late of said county dead seized and constituting his homestead farm.
The State of Ohio, Knox County” I hereby certify the above to be a full and true copy of the order of sale made in this case.
Witnesseth my hand and the seal of the Probate Court of said county at Mount Vernon this 22 day of August AD 1863.
Thos V. Parke, Judge
The actual selling of the land at the court house with bidding:
And afterwords to wit, on the 22 day of September AD 1863, said Admin made notice of said ___such report of sale and _____of notice __________which said report copy proof reads in words and figures as follows to wit,
To the Probate Court in and for Knox County, Ohio. In pursuance of the forgoing order in this case. I gave notice of sale of publication in the Mt. Vernon Republican a weekly newspaper of general circulation in said County of Knox for at least 4 consecutive weeks from the 22 day of September AD 1863 a copy of the same and proof of publication is ____set forth and made part of this _____ and on that day at 11 O’Clock am at the door of the Court house in accordance with said notice. I offered the real estate in the petition described for sale free and clear of the dower estate of Drusilla E. Spracklin. Whence Joshua A. Hobbs bid for the 1/7 of said six acre tract, the sum of $42.86 and he being the highest and best bidder for the same, and the same being more than 2/3 of the appraised value of said premises. I then and there struck off and sold the ____to her for that sum. I next offered the 1/7 of Lot No. 18 in the subdivision of Peter Davis farm, and Drusilla E. Spracklin bid therefore the sum of $______and she being the highest and best bidder of the same and said sum being 2/3 of the appraised value. I then and there struck off and sold the same to her for that sum. I next offered the 1/7 of the 180 acres described in the petition, and Walter H. Smith bid therefore the sum of $675.00 and he being the highest and best bidder for the same, and said sum being 2/3 of the appraised value, I then and there struck of and sold the same to him for that sum. Sept 22/63 W. McClelland, Adm.
Administrators Sale of Real Estate:
Notice is hereby given that the will on the 22 day of Sept. AD 1863 at 11 O’Clock Am at the door of the Court house in the town of Mt. Vernon, Ohio, will offer for sale to the highest bidder the following real estate as the property of John A. Spracklin dec’d, to wit, the one undersided seventh part of Lot No. 42 in Norton’s Northern addition to the town of Mt. Vernon, Knox co., Ohio. Appraised at Fifty Dollars
Page 622 – They repeat the land descriptions.
Terms of sale – one third in hand, one third in one, and the balance in 2 years from the day of sale, and secured by mortgage on the premises. Wm. McClelland, Admin
Proof of Publication by Ed. Wight Foreman of the newspaper gives his affidavit which I am skipping.
Confirmation of the sale:
William McClelland Admin Of John A. Spracklin, dec’d., vs. Drusilla E. Spracklin, et. al.
Petition to sell Land
Court of Probate, Knox County, Ohio, Sept. 22, AD 1863
Now comes the said Petition and produces to the Court the report of the sales made by him in pursuance of an order herein before made and it appearing upon examination that said sales have in all respects seem legally made the same is hereby approved and confirmed, and said petitioner ordered to execute and deliver to the purchasers at said sale, proper deeds for the real estate sold by him add as _______and on their complying with the terms of the sale.
It is further ordered that the said Admin pay the cost of this proceeding including a fee of $12.00 for his services as atty herein, out of the first monies __________sale.
It appearing to the Court that said sales amounted to the sum of $765.65 and that the ____, Drusilla E. Spracklin is entitled to ___ of one third of that sum of $255.17 during life and that the present value of said sum is estimated at $190.00. It is therefore ordered that the said Administrator pay the said Drusilla E. Spracklin $190.00 as the full and value of her dower in the proceeds of said sale and that she banned and prohibited from ever acting upon any claim for downer in the premises so _____ Thos. V. Parke, Probate Judge.
There seems to be more to do regarding this probate. There should be a deed selling the land to Drusilla. I don’t have copy of that deed, but I do have the deeds of the two men who bought the land. A check of the Probate Index under Mr. McClelland’s name for anything that might be about John’s estate would be in order. Sometimes things get filed under the Administrator or Executors names instead of the name of the deceased. It would be interesting to check the probate and deed records in Illinois for John A. Spracklin. Another look at the deed book for HH as mentioned about might be of interest.
If you are a descendant of John A. Spracklin, the son, and would like copies of this estate file, I would be happy to share, just comment on this post and I will find you.