On
his TransylvanianDutch blog, John Newmark
defines an amanuensis as “a person employed to write out what another dictates
or to copy what has been written by another.” For more information about this
daily blogging prompt, see John’s post Amanuensis – Why?.
I have amassed quite a
collection of scans of handwritten documents related to my ancestors—primarily
marriage records, deeds, and wills. As I have been transcribing these
documents, it occurred to me that most of these documents were not actually
written by my ancestors, but rather dictated to someone else, and then
transcribed by a clerk into official records.
This week I am posting the will of Henry H. Gandy, my maternal
4th great-grandfather, as well as other probate documents, all of
which were recorded in the Union County, Ohio, probate administration records
at the same time. I have not included the transcription of the inventory of his
estate except for the first few items which are notes due from various
individuals. Likewise, I have not included a transcription of the record of the
items which were sold. However, these lists are shown in the images below.
Henry’s will was written in three parts which seems unusual.
In the first part, he bequeaths his movable and chattel property. In the second
and third parts he bequeaths land to several (but not all) of his sons. Henry
was married twice and had 15 children, but only a few are named in the will.
“Henry H. Gandys
Will and Estate
At a court of Common Please [sic] begun and
held at the court House in the Town of Marysville ^within and for the County of
Union & State of Ohio^ on the fourteenth day of August in the Year of our
Lord one Thousand eight Hundred and forty nine. Present Levi Phelps James R.
Smith and William W. Woods associate Judges and James Kinkade Jr Clerk. The
last will and testament of Henry H. Gandy late of this County deceased was
produced in Court by Mr. Powell attorney and William Foster and Julias A. Bell,
the subscribing witnesses to said will appeared in open court and on oath
testified to the due execution of said will which testimony was reduced to
writing and by them respectively subscribed and filed with said Will, and it appearing
to the Court by said testimony that said will was duly attested and executed
and that the said testator at the time of executing the Same was of full age
and of sound mind and memory and not under any restraint. It is ordered by the
Court that said Will and testimony be Recorded said will reads +Last Will and
testament of Henry H. Gandy made this 5 day of March 1849. I do and here
bequeath all my moveable and chattle property I do give to S[h]eppard and John
S. Gandy my black horse, also my waggon, harness, plows, Harrows, hoes, sythes,
and cradles, rakes [unreadable] pitchforks, shovels, the fanning mill, &
the things belonging thereto, cupboard & close, the bed on which I lay with
the Clotheing thereof & twelve sheep and one bed & beding in the other
room the Bed and beding which Elizabeth Betsey claims to be hers & a safe
for keeping clothes four sheep & one blue Coverlid [coverlet?] it is also
my will that Abijah & Shepherd Gandy should superintend the division of my
property as I have before willed in the above and to divide all the moneys and
notes of hand when collected equally among the female Heirs of my Estate. [?] I
allso give to Shepherd & John S. Gandy five Sugar kettles thre meat tubs
two fat tubs & one razor Whone[?]. It witness hereof I do hereunto set my
han & seal Henry H. Gandy. William Foster Julias A. Bell. witnesses. Last
will and testament of Henry H. Gandy I do here bequeath to Sheppard Gandy and
John S. Gandy all that parcel of land bounded as follows beginning at a stake
in the senter of bokes creek also tree lins as witness in Samuel Waltters north
east corner running south on said line to the original a stone as the corner
thence [e]astwardly to the south east original corner of said survey then
running north on said original to the [?] of the Bell fountain road thence with
in the centre of said road west to a certain corner in said road that was made
in 1825 thence north to said to the centre of bokes creek then west along said
creel with the meanderings thereof to the place of beginning containing one
Hundred & forty five acres be the same more or less to have & to hold
their Heirs & assigns forever. March 5th 1849 Henry H. Gandy.
William Foster, Julias A. Bell, witness. March the 5th 1849
The last will and of Henry H. Gandy made on
— — — — — — —
I Henry H. Gandy do of my own free wil
& accord will and bequeath to Abijah George W. Gandy Henry H. Gandy one
Hundred acres of Land beginning at a stake in the centre of the Creek John Woods southeast corner and l ine running
with old original Survey 3692 to the Centre of Belfountain road along the road
ut you [?] strike a line in 1826 runen there along said line to the centre of
the creek to stake there set for a corner then down the creek with the
meanderings of the creek to the place of beginning to them their Heirs &
assigns forever here unto I do set my Hand and seal Henry H. Gandy. William
Foster Julius A. Bell Witness X
Said testimony reads, The State of Ohio
Union County SS, In the court of common Please August Term 1849 William Foster
and Julius A Bell appeared in open Court and being duly sworn upon their oaths
depose and say that the paper here now produced in Open Court purporting to be
the last Will and testament of Henry H. Gandy now dead, being in three separate
parts signed in three places by the said Gandy and in the like manner witnessed
by us was on or about the 5th day of March last by the said Henry H.
Gandy then n full life at his residence in the County declared and published as
his last will and testament, at that time he requested Shepherd Gandy to sign
the said will in three several places which was done accordingly in the
presence of the Said Henry H. Gandy and in our presence that we then severally
signed our names thereto as Witnesses at his request in his presence and in the
presence of each other. That the said testator was then about eighty years of
age of sound mind and memory and not acting under any restraint. William
Foster, Julius A. Bell. Sworn to and Subscribed in Open Court August 14th
1849. James Kinkade Jr Clerk. And afterwards to wit, at the November term of
said Court A.D. 1849. On motion to the Court of Shepard Gandy One of the
executors name in the last will and testament of Henry H. Gandy decd which will
was duly proven and ^ordered to be^ recorded at the last term of this Court. It
is ordered that Letters testamentary on the Estate of Henry H. Gandy decd. be
granted to the said Shepard Gandy, on his giving bond in the sum of Four
Hundred dollars with Richard Judy and Jacob Gandy his security conditioned
according to Law. And it is further ordered that William Foster Julius A. Bell
and John Elliott appraise the personal estate of the testator. Said bond reads,
Know all men by these presents, That we, Shepard Gandy, Jacob Gandy and Richard
Judy are [?] and firmly bound unto the State of Ohio in the sum Four Hundred
dollars, to the payment of which will and truly to be made we bind ourselves,
our Heirs, executors, and administrators jointly and severally firmly by these
presents: Witness our hands and seals this 20th day of November A.D.
1849. Whereas the Court have this day appointed Shepard Gandy executor of the
last Will and testament of Henry H. Gandy in pursuance of said will. Now if the
said Shepard Gandy Executor as aforesaid shall make and return to the Court on
oath within three months, a true inventory of all the moneys, goods chattels,
rights & creditors of the testator, which are by law to be administered and
which shall have come to his possession & knowledge; and also if required
by Court an inventory of the real Estate of the deceased: Secondly, and
administer according to law, and to the will of the testator all his goods
chattels, rights and credits; and the proceeds of all his real estate that may
be sold for the payment of his debts or legacies which may at any time come to
the possession of the executor or to the possession of any other person for
him. Thirdly and render upon oath a just account of his administration within
eighteen months and at any other time when required by the Court or the Law;
then this obligation shall be void, otherwise be and remain in full force and
virtue in law
Sheppard Gandy {seal} Jacob Gandy {seal}
Richard L. Judy {seal} Signed and sealed in presence of. The inventory filed
herein February 9 1850 reads, The State of Ohio, Union County SS, We the
undersigned do make solemn oath that we will truly honestly and impartially,
appraise the estate and property that may be exhibited to us belonging to the
estate of Henry H. Gandy deceased, and perform the other duties required by law
of us in the premises as appraisers according to the best of our knowledge and
ability (signed) Julius A. Bell, John Elliott, William Foster. sworn and
subscribed before me this 21st day January AD 1850 Abijah Gandy J.
P.
We the undersigned appraisers of the estate
and property of Henry H. Gandy deceased after being duly sworn have made an
inventory and appraisment thereof [?} as follows,
1 Note of hand, on Robert P. Kirby &
Oliver Smimpson [Simpson] due January 1st 1847 ^appraised^ $20.00
1 Note of hand on Rodney Picket due March 5th
1848 appraised at $22.00
1 note of hand on Thomas J. Tunks due March
1st 1849 calls for twenty five dollars with Eleven dollars paid
balance fourteen dollars principle 87 cts interest appraised at $14.87
1 Note of hand on S. J. Kirk of ten dollars
with eight dollars sixty two cents credited & appraised at $1.37
Amount of money on hand $40.98
[There is here a listing of the remainder
of the inventory with the appraised value.]
Appraisers William Foster, Julius A. Bell,
John Elliott.
The State of Ohio, Union County, SS,
Sheppard Gandy Executor of the estate of Henry H. Gandy deceased makes solemn
oath that the above inventory of said estate is in all respects just and true
and contains a true statement of all the estate and property of the deceased
which has come to the knowledge of affiant being assets &c. and
particularly all money bank bills or other circulating medium, belonging to the
deceased and all just claims against the affiant or other persons according to
the best of his knowledge. Shepherd Gandy Executor. Sworn to before me this 9th
day of February AD. 1850 James Kinkade Jr Clerk. The sale bill filed herein
March 19, 1850 reads, A bill of the property sold by Sheppard Gandy Executor of
the estat[e] of Henry H. Gandy deceased at public vendue [venue] February 22nd
1850.
[There is here a listing of the inventory
of the items, to whom sold, and price.]
The above sale bill is correct George W.
Cary clerk of sale.
The State of Ohio, Union County, SS, Sheppard
Gandy, Executor of the estate of Henry H. Gandy deceased to make solemn oath
that the above is a correct statement and bill of the Sale of the property of
the estate of Henry H. Gandy deceased in all respects to the best of my
knowledge and belief. Sheppard Gandy Exxecutor. Sworn to before me this 21st
day of March A.D.1850 James Kinkade Jr Clerk.
Attest: James Kinkade Jr Clerk.”
[Source: Union County, Ohio, Probate Records, Administration
Records Volume 3: 354, Henry H. Gandy; FHL microfilm 574,684.]
© 2012 Denise Spurlock