This week's document for transcription is the 1900 affidavit of the heirs of Salma D. Seaver (1831-1899) of Joliet, Will County, Illinois in the Will County, Illinois probate case files.
* Will County, Illinois Probate Court Records, Probate Case Files, Box 71, Case 4152, image 254 of 1349:
* Will County, Illinois Probate Court Records, Probate Case Files, Box 71, Case 4152, image 254 of 1349:
* Will County, Illinois Probate Court Records, Probate Case Files, Box 71, Case 4152, image 254 of 1349:
* Will County, Illinois Probate Court Records, Probate Case Files, Box 71, Case 4152, image 254 of 1349:
The transcription of this document is:
State of Illinois ) In the County Court of Will County.
: ss.
County of Will. ) To the June Term, A.D. 1900.
Bena M. Seaver, Executrix of the )
Estate of Salma D. Seaver deceased )
vs. ) Petition to sell real es-
Salma D. Seaver, Nettie Condon, Merle ) tate to pay debts.
Seaver, Clare Seaver, Lucinda White- )
way, Edwin Whiteway, Lilla Paulk, and )
Charles S. Paulk. )
The joint and several answer of Lucinda Whiteway, Edwin
Whiteway and Salma D. Seaver to the Petition of Bena M. Seaver,
Executrix of the Last Will and Testament of Salma D. Seaver, de-
ceased, to sell real estate for the purpose of paying debts of
said estate.
These defendants, and each of them now and at all times
hereafter, saving to themselves all manner of benefit and advan-
tage of exception which can or may, be had or taken to the many
errors, uncertainties and other imperfections in the said petition
contained, for answer thereunto, or to so much and such parts
thereof as these defendants are advised, it is or are material or
necessary for them to make answer unto, answering, admit that the
said Salma D. Seaver, departed this life at Joliet, Illinois, on or
about the second day of February, A.D. 1899, as is stated in said
petition.
These defendants further answering admit that the said Bena
M. Seaver was duly appointed by the County Court of Will County,
Executrix of the Last Will and Testament of Salma D. Seaver de-
ceased, on the 10th day of March, A.D. 1899, as is stated in said
petition.
And these defendants further answering deny that a true In-
ventory, Appraisment Bill or Sale Bill in said Estate have been
duly filed in the office of the Clerk of this court, as is stated
in said Petition.
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And these defendants further answering deny that the said
Bena M. Seaver has rendered to said Court a just and true account
of the personal estate or debts of said deceased, as is stated in
said Petition.
And these defendants further anwering deny that the personal
estate left by the said Salma D. Seaver, deceased, amounts to only
Thirteen Thousand Six Hundred and Eleven Dollars, as is stated in
said petition; but on the contrary, these defendants allege that
said personal estate so left by the said Salma D. Seaver deceased,
amounts to more than Eighteen Thousand Dollars.
And these defendants further answering, say it may be true,
for anything these defendants know to the contrary, that the debts
and demands allowed against the said Estate amount to Eleven Thou-
sand Eight Hundred and Seventy-nine and 64/100 Dollars, as is
stated in said Petition,, but these defendants do not know, and
have never been informed,, save by the Petitioner's said petition,
whether it is true or not, and call for strict proof thereof.
And these defendants further answering deny that the just
claims to be presented and allowed against said estate will prob-
ably amount to the sum of Ten Thousand Dollars as is stated in
said petition.
These defendants further answering state the fact to be that
the said Bena M. Seaver has received, as Executrix of the Last
Will and Testament, of the said Salma D. Seaver deceased, a suf-
ficient amount of money and personal property with which to pay
and satisfy each and every claim which existed against said es-
tate, at the time she was appointed Executrix thereof.
And these defendants further answering, state the fact to be
that the said Bena M. Seaver as Executrix as aforesaid, has re-
ceived as rents and profits from the real estate belonging to said
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estate, since her appointment as Executrix as aforesaid the sum of
Eight Thousand Seven Hundred Dollars, which she has not accounted
for, and which should be used in liquidating the debts of the
estate.
And these defendants further answering deny that only the
amount of Thirteen Thousan Six Hundred and Eleven Dollars worth
of personal estate has come to the hands of the said Bena M. Seav-
er, as Executrix of the last Will and Testament of the said Salma
D. Seaver deceased, as i stated in said petition; but on the
contrary, these defendants allege that the said personal estate,
so received by her as Executrix as aforesaid amounts in value to
more than Eighteen Thousand Dollars.
And these defendants further answering say that they do not
know, and have not been informed save by Petitioner's said Pe-
tition, whether or not the said petitioner has disbursed and paid
out upon claims, proven and allowed by this Court, againstsaid
estate, the sum of Eleven Thousand eight Hundred and Seventy-nine
Dollars, as is stated in said petition and they, therefore, call
for strict proof thereof.
And these defendants further answering deny that the said
petitioner has applied all the proceeds of said personal estate
which have come to her possession towards the payment of the debts
of said estate, as is stated in said petition.
And these defendants further answering deny that there is a
sufficiency of personal property, belonging to said estate with
which to pay off of the debts of the said deceased, as is stated
in said petition.
And these defendants further answering admit that the said
Salma D. Seaver died seized in fee of the real estate in the Coun-
ty of Kankakee as described in said petition. But these defendants
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aver that the said real estate is incumbered by a Mortgage which
was executed by the said Salma D. Seaver deceased, to this defend-
ant Edwin Whiteway.
These defendants further answering deny that said Exhibit "A"
which is attached to and made part of said petition is a just or
true account of the personal estate and debts of the said deceased
Salma D. Seaver, as is stated in said petition.
And these defendants further answering admit that the said
Salma D. Seaver deceased, left him surviving the said Bena M.
Seaver as his widow, having a dower and homestead interest in his
real estate, and the following named children, Salma D. Seaver,
Nettie Condon, Merle Seaver, Clare Seaver, Lucinda Whiteway who is
intermarried with Edwin Whiteway, and Lilla Paulk who is inter-
married with Charles S. Paulk, that said Merle Seaver and Clare
Seaver are minors, under the age of Twenty-one years as is stated
in said petition.
And these defendants further answering deny that there is any
other matter, cause or thing in the said Petitioner's Petition
contained, material or necessary for these defendants, or either
of them, to make answer unto and not herein and hereby well and
sufficiently answered, confessed traversed and avoided or denied,
is true to the knowledge and belief of these defendants, or either
of them; all which matters and things these defendants are ready
and willing to aver, maintain and prove, as this honorable Court
shall direct; and pray to be hence dismissed with their reasonable
costs and charges in this behalf most wrongfully sustained.
Winfield S. Coy Salma D. Seaver
Solicitor for said Defend- Lucinda Whiteway
ants. Edwin Whiteway
By Winfield S. Coy
their Solicitor.
The source citation for this petition is:
Will County Probate Court, Illinois, Salma D. Seaver heirs'affidavit (images 254-257), written June 1900; "Illinois, U.S., Wills and Probates, 1772-1999," Ancestry.com (https://www.ancestry.com : accessed 28 April 2024); "Will > Probate Case Files Box 71, Numbered Case Files > Case 4152, estate file of Salma D. Seaver (images 154-450 of 1349); Original data is from Illinois County, District and Probate Courts filmed by FamilySearch.
This petition is a Derivative Source (because it is a court clerk's typed record), Primary Information and Direct Evidence of the affidavit of three heirs of Salma D. Seaver, deceased, of Joliet, Will County, Illinois in the Will County, Illinois probate court, which defines the death date and heirs-at-law of the deceased. The affidavit is in response to a petition of the executrix of the estate of Salma D. Seaver, his widow Bena M. Seaver. There are 296 pages in this probate file. The will of the deceased was set aside, the widow was named executrix and then administratrix of the estate, an inventory was take, credits were collected and debts were paid, and an account was taken, However, three of the heirs objected in this affidavit to the actions of the administratrix. The case was finally closed after another administrator was chosen, an inventory taken, sale of the land, and an accounting in 1903.
Salma Davis Seaver (1831-1899) was born about 1831 in Craftsbury, Vermont, the son of William and Hannah M. (Davis) Seaver. He died 2 February 1899 in Joliet, Will county, Illinois. Salma married (1) Janett Patterson (1834-1869) on 7 February 1856 in Craftsbury, Vermont. They had two children:
* Lucinda Seaver (1860-1913), married 1882 Edwin Whiteway (1850-????).
* Lilla Ann Seaver (1869-????), married 1890 Charles S. Paulk (1864-1940).
Salma Seaver married (2) Robena M. "Bena) Simpson (1853-1923) in about 1871 in Will County, Illinois. They had four children:
* Salma Davis Seaver (1874-1942), married 1896 Elizabeth Ann Cunningham (1872-1923).
* Jennette Patterson Seaver (1877-1934), married 1898 Robert Gracen Condon (1869-1932).
* Edwin Charles Merle Seaver (1885-1929), married 1918 Maybelle Seeley (1897-1979).
* Clarendon M. "Clare" Seaver (1895-1935), married 1916 Mathilda E. Merck (1895-1971).
Salma Davis Seaver (1831-1899) is my 5th cousin 5 times removed, with common Seaver ancestor of 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.
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