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Subject: [OHHAMILT] re: Administrators and probate questions
Date: Mon, 4 Sep 2000 07:26:21 EDT
In a message dated 9/4/00 6:01:35 AM Eastern Daylight Time, Sharon Schwartz
wrote:
<< in the Family History Center in Dayton. They have a
book there titled, Hamilton County Probate Records, 1791 - 1826 . In this
book I found 6 records of wills that involve my ancestor, Jesse Cooper.
I've
got some questions regarding these, so I'll list the 4 entries I had time to
copy and then ask my questions.
Case #246 April 6, 1814. George Cooper, dec'd.
Administrators: Jesse Cooper and Thomas Hutchinson.
Bond: $600
Security: Robert Richardson and Charles Smith
Case#339 March 10, 1817 Jacob Kinsley, deceased
Administrator: Susannah Kinsley
Bond: $400
Security: Jesse Cooper and Thomas Hutchinson
Appraisers: John Jones, James Turner and John Meeker
Case#447 September 6, 1819 Andrew Whitsel, deceased
Administrator: Levina Whitsel
Bond $300
Security: Jesse Cooper and Labin Bramble
Appraisers: Thomas Hutchinson, Wilson Giffin and John
Jones
Case#614 June 16, 1823, Henry Harbough, deceased.
Administrator: John Harbough
Bond: $300
Security: David Muchmore and Daniel Harbough
Appraiser: Jesse Cooper
1) Does anyone recognize any of these people?
2) Is there a city or county directory for the 1810s or 1820s?
3) Do these records indicate that Jesse was a lawyer or a 19th.century
paralegal? Or did ordinary people do these things?
4) Was there an 1810 census for Hamilton Cty? I'd like to find out more
about George Cooper (see #1 above)
5) Why was a bond set for wills? Can someone explain this process?
>>
Reference Question #3
Jesse may have been a property owner. A real property owner whose house
would be used as security for the faithful performance of the job of the
Administrator.
I suspect that he was related to the people who are shown as the deceased in
each estate listing. Obvious from name in Case 246. Possibly related by
marriage in the others?
Reference Question #5.
A bond would be a surety or fidelity bond. In essence, an insurance policy
to ensure that the person assigned the task of moving the estate of a
decedent through the probate process did the job and did not abscond with any
of the assets to the detriment of creditors or heirs.
Some definitions that may help in Probate matters:
Administrator/Administratrix -- person responsible for probating the estate
of one who died without a Will.
Executor/Executrix -- person who handled same job but for a decedent who had
a Will.
Security -- instead of buying a bond from an insurance company, one could
have the surety secured by a person having property in the county. Thus, the
securities listed are probably relatives or friends who were willing to put
their deed up as collateral to ensure the faithful performance of the
Administrators listed.
Appraiser -- one who was appointed to assess values on the property of the
decedent.
This would be necessary for an estate where the heirs or beneficiaries
might take assets in kind [i.e. I get the living room, you get the dining
room, etc.] and would then take a cash distribution the size of which would
equalize the share of the estate going to each.
The appraiser was not necessarily a professional. Frequently the law
required two or three citizens of property [i.e. landowners] to fix the
value of real estate. Or in the case of personal property [non real estate]
a citizen or two who were knowledgeable of values of personal property.
[usually a relative by marriage of the deceased (if chosen by the heirs) or
a political crony if chosen by the probate judge]
Hope this helps.
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