Monday, April 1, 2024

Amanuensis Monday -- 1864 Petition to Partition the Intestate Estate of Lyman H. Seaver (1796-1864) in Walworth County, Wisconsin

 This week's document for transcription is the 1864 petition of Henry W. Seaver to partition the intestate estate of Lyman H. Seaver (1796-1864) in the Walworth County, Wisconsin probate case files.

*  Walworth County, Wisconsin Probate Court Records, Probate Case Files, Case No. 1412, 1864, image 1170 of 1505:

*  Walworth County, Wisconsin Probate Court Records, Probate Case Files, Case No. 1412, 1864, image 1171 of 1505:

The transcription of this document is (typed words underlined, handwritten words italicized):

In Probate County Court Walworth County

Estate of Lyman H. Seaver dec'd   }
In the Matter of Partition               }

To the Judge of said Court
                                                   The petition of Henry
W. Seaver of the town of Darien respectfully repre-
sents that as heir of Lyman H. Seaver of said
town deceased, he has inherited in common
& undivided with Julius H Seaver Mary A Seaver Corning
Lyman H Seaver James E Seaver Rodney Seaver
William Seaver & the children of John W Seaver de-
ceased viz Charles H Seaver Daniel Seaver
Mary A Seaver & James L Seaver ^who^ that the
said heirs are of full lawful age except the
said children of John W Seaver deceased & all
reside in this state except Charles H Seaver
& Daniel Seaver all those parcels of land
in said County described as being the North West
quarter of Section 33 T. 2, R. 15 E the west 
half of the South West quarter of said section,
the North part of the East half of the South East
quarter of Section 32 in said town being 26 acres
lying north of a ??  bounded on the South by the a
private road ^Beloit Road^ running across said 1/2 section and
the S 1/2 E. 1/4 of the N.E. 1/4 of the N.W. 1/4 Sec 28 in T. 
1, in said Range, that the said children of the 
said John Deceased are as heirs of their father
as the issue of their said father entitled inherit
one eighth of said real estate & that your petitioner
and the said Julius H Mary A ^Corning^ Lyman H.
James E. Rodney & William are each entitled 
to one eighth of said premises & that Sally
Seaver the widow of the said Lyman H.
is entitled to Dower in said Estate &
also is seized of an estate for & during her
wido  the time she lives the widow of the
said Lyman H deceased is entitled to the
use of the homestead of said deceased
which is a part of said described land.
Your petitioner being desirous that par-
tition of said Estate may be made would pray 
that Commissioners may be appointed for that
purpose according to the rules & practice of
this Court.                              H. W. Seaver
Subscribed & sworn to before       
Me at Elk Horn in said
County this 9'th day of Sep.
1864.                     Peter Golder
                              Co Judge
                                      Wal. Co. Wis.

The source citation for this petition is:

Walworth County Probate Court, Wisconsin, Lyman H. Seaver intestate file, Henry W. Seaver petition for sale of the real property (images 1170-1171 of 1505), written 9 September 1864; imaged, "Wisconsin, U.S., Wills and Probates, 1800-1987," indexed records with digital images, Ancestry.com (https://www.ancestry.com : accessed 31 March 2024; "Walworth > Probate Case Files, No. 1307-1439," Case 1412, images 1159 to 1177 of 1505; Original data is from Wisconsin County, District and Probate Courts filmed by FamilySearch.

This petition is a Derivative Source (because it is a court clerk's handwritten record), Primary Information and Direct Evidence of the petition of Henry W. Seaver to appoint commissioners to sell the real estate of Lyman H. Seaver, deceased, in the Walworth County, Wisconsin probate court, whichl ists all of the heirs-at-law of Lyman H. Seaver.

Lyman Hunt Seaver (1796-1864) was born 26 October 1796 in Arlington, Vermont, the son of William and Mary (Everett) Sever.  Lyman Hunt Seaver died 1 June 1864 in Darien, Walworth County, Wisconsin.  He married Sarah "Sally" Woodward (1797-1878) on 29 April 1819 in Hebron, New York.  They had 11 children:

*  Joseph U. Seaver (1822-1824).
*  John Woodward Seaver (1824-1863), married 1845 Helen Marr Chamberlain (1826-1905).
*  Henry Warren Seaver (1824-1899), married 1850 Mary Jane Harper (1829-1905).
*  Julius Horace Seaver (1825-1909), married (1) 1852 Martha Jane Herron (1826-1858), (2) 1865 Sarah Clerwater (1829-1909).
*  James E. Seaver (1828-1830).
*  Mary Ann Seaver (1831-1902), married 1848 States Kinney Corning (1826-1857).
*  Daniel L. Seaver (1833-1842).
*  Lyman Hunt Seaver (1835-1886), married 1865 Lovina E. Bell (1835-1908).
*  Rodney Seaver (1840-1923), married 1866 Myra Adeline Deane (1845-1923).
*  Willism Seaver (1842-1866), married 1866 Alice Jennette Bentley (1843-1912).

This estate file has 19 pages.  Julius H. Seaver and Henry W. Seaver were appointed administrators of the intestate estate of Lyman H. Seaver.  The inventory of the estate was taken, showing real property of $9,525 (280 acres on four parcels of land) and personal property of  $3,359.27 for a total estate of $12,884.27.  Commissioners were appointed to sell the property to distribute the estate to the seven living children, the four minor children of the deceased son, and the widow of the deceased.  The widow of John W. Seaver was appointed guardian of her four children.  There is no record of the sales proceeds, an administrator's account, or distribution of the estate to the heirs-at-law in the Estate Case File.

I am a 5th cousin 5 times removed to Lyman Hunt Seaver (1796-1864), with the common Seaver ancestor being my 9th great-grandfather Robert Seaver (1608-1683).

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NOTE: Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday." John offers this definition for "amanuensis:"

"A person employed to write what another dictates or to copy what has been written by another."

Read other transcriptions of records of my ancestors at Amanuensis Monday Posts.

Copyright (c) 2024, Randall J. Seaver

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