Monday, May 14, 2012

Amanuensis Monday - Will and Estate of Henry H. Gandy - 1849

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

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