ROBERT WRIGHT STEWART I

 

This probate record was transcribed and donated by Bruce Stewart who currently lives in Arizona and writes ~

"Robert W. STEWART I migrated from Manlius Corners, NY (now Fayetteville, NOT TO BE CONFUSED WITH MANLIUS) the same year his grandfather Robert Stewart, died, 1837 to Hebron, McHenry, Illinois. Four years later his father, James STEWART followed him.  All of Robert's siblings eventually settled in Hebron, INCLUDING A SISTER WHO DIED TWO DAYS AFTER THEIR ARRIVAL. THE ADMINISTRATOR OF THE WILL, WILLIAM H STEWART AND THE 'JOHN STEWART' (SURETY, SEE DOC # 3) ARE BROTHERS TO RWS I. RWS I ALSO HAD A SON JOHN. JOHN J STEWART IS HIS GRANDSON AND MY GGRANDFATHER.   Robert's probate records below, consist of 22 documents total."
 

Due to the length of these records, they have been split in 3 parts - Recap of this probate record:

Part 1 (this page):

Part 3:
Document #1

AFFIDAVIT OF DECEASE

Document #16 REPORT OF ACCOUNT
Document #2

PETITION FOR LETTERS OF ADMINISTRATION

Document #17 STATEMENT OF CONDITION
Document #3

ADMINISTRATOR’S BOND

Document #18

PROBATE COURT SUMMONS

Document #4 ADMINISTRATOR’S OATH Document #19

ANSWER OF GUARDIAN AD LITEM

Document #5

LETTERS OF ADMINISTRATION

Document #20 PETITION TO SELL REAL ESTATE TO PAY DEBTS
Document #6

AFFIDAVIT OF PUBLICATION AND POSTING OF NOTICE

Document #21 PETITION TO SELL REAL ESTATE DECREE
Document #7-11

CLAIM FOR PAYMENT OF DEBT

Document #22 REPORT OF SALE
Part 2:
Document #12 APPRAISEMENT BILL
Document #13

ESTATE INVENTORY

Document #14 WIDOW’S SELECTION
Document #15 SALE BILL

 

COPIES OF DOCUMENTS OBTAINED JULY 28TH, 1997 FROM THE CLERK OF THE CIRCUIT COURT, 19TH JUDICIAL CIRCUIT, McHENRY COUNTY, 2200 N. SEMINARY AVENUE, WOODSTOCK, IL 60098

Most of these documents are of the preprinted form type. When they are not it will be noted. All of the form may NOT be copied if not pertinent to the subject. Any family member’s name will be printed in bold type. BMS

 

Document: # 1

AFFIDAVIT OF DECEASE

Wm H. Stewart being duly sworn, deposeth and saith: That Robert W. Stewart late of the town of Hebron in the County of McHenry and State aforesaid, departed this life at Hebron in said County, on or about the 20th day of December A. D. 1876, and the he died leaving no last will and testament to the best of his knowledge and belief.

 

                                                                            W. H. Stewart (s)
                                                                Subscribed and sworn to before this 13th day of
                                                                January A. D. 1877

PROOF OF DEATH of Robert W. Stewart Late of Hebron In the County of McHenry Filed the 15th day of January 1877
P. Whitney (s)   Clerk

 

END OF Document: # 1: AFFIDAVIT OF DECEASE

 

Document: # 2

PETITION FOR LETTERS OF ADMINISTRATION

Petition of William H. Stewart in the matter of the Estate of Robert W. Stewart deceased, for letters of Administration.

To the Honorable B. N. Smith Judge of the County Court of McHenry County

            The Petition of the undersigned Wm. H. Stewart respectfully represents that Robert W. Stewart late of Hebron deceased, died at Hebron in McHenry County, Illinois on or about the 20th day of December A. D. 1876, having property and effects in this County, leaving no last Will and Testament as far as known the and believed by this petitioner.

That said deceased left him surviving Susan Ann Stewart as his widow, and Mary Charles, John Stewart and Harry Stewart sons & daughter and only heirs at law of said deceased.

 

Your petitioner being a Brother, at the request of the widow of said deceased, therefore prays that letters of Administration on the Estate of the said Robert W. Stewart deceased, may be granted to him Woodstock 1877.

William H. Stewart being duly sworn, deposes and says, that the facts averred in the above petition are true, according to the best of his knowledge, information and belief.

 

Sworn to and subscribed before me, Clerk of the County Court of said County, this ___ day of January A.D. 1877
P. Whitney (s)  Clerk                                                                    W. H. Stewart (s)

 

END OF Document: # 2: PETITION FOR LETTERS OF ADMINISTRATION

 

Document: #3

ADMINISTRATOR’S BOND

Know all Men by these Presents, That we William H. Stewart, Principal and James Tish and John Stewart Surety, of the County of McHenry and State of Illinois, are held and firmly bound unto the people of the State of Illinois, in the penal sum of Twenty Thousand ($20,000) dollars, current money of the United States, which payment, well and truly to be made and performed, we and each of us bind ourselves our heirs, executors, administrators and assigns, jointly, severally and firmly by these presents.

            Witness our hands and Seals, this 13th day of January A. D. 1877.

            THE CONDITION OF THE OBLIGATION IS SUCH, That if the said William H. Stewart Administrator of all and singular, the goods and chattels, right and credits of Robert W. Stewart deceased, to make or cause to be made, a true and perfect inventory of all and singular, the goods and chattels, rights and credits of the said deceased, which shall come to the hands, possession or knowledge of Wm. H. Stewart as such administrator or to the hands of any person or persons respectively, as may be legally entitled thereto, and further, do make a just and true account of all his actings and doings therein, when thereunto required by the said Court; and if it shall hereafter appear that any last will and testament was made by deceased, and the same be proved in Court, and letters testamentary or of administration to be obtained thereon, and the said William H. Stewart do in such case, on being required thereto, render and deliver up the letters of administration granted to ___ as aforesaid, and shall in general do and perform all other acts which may at any time be required of ___ by law, then this obligation to be void; otherwise to remain in full force and virtue.

SEALED AND DELIVERED                                                                      W. H. Stewart (s)
    IN PRESENCE OF                                                                   John Stewart (s)
      P.  Whitney (s)                                                                                          James Tish (s)

 

Filed and Approved by the Court this 18th day of January 1877, and recorded in Book B, Page 153

      P. Whitney  (s)
      County Clerk

END OF Document: #3: ADMINISTRATOR’S BOND

 

 

Document: # 4

ADMINISTRATOR’S OATH

 

Estate of Robert W. Stewart deceased. ADMINISTRATOR’S OATH.

 

State of Illinois }
McHenry County }  ss

 

                                In County Court, January Term, A. D. 1877

            I DO SOLEMNLY Swear that I will well and truly administer all and singular the goods and chattels, rights, credits and effects of Robert W. Stewart Deceased, and pay all just claims and charges against his estate so far as his goods, chattels and effect shall extend, and the law charge me; and that I will do and perform all other acts required of me by law, to the best of my knowledge and abilities.

  W. H. Stewart (s)

Sworn to and subscribed before me this 18th day of Jany A. D. 1877, in County Court.

                P. Whitney (s)  Clerk of the County Court.

Filed, Jany. 18th 1877
Recorded in Book B, page 153

                 P. Whitney (s) Clerk

END OF Document: #4:  ADMINISTRATOR’S OATH

 

Document: # 5

LETTERS OF ADMINISTRATION

 

STATE OF ILLINOIS }
McHENRY COUNTY }  ss

 

                The People of the State of Illinois, to all to whom these Presents shall come, GREETING:

        KNOW YE, That Whereas, Robert W. Stewart late of the County of McHenry and State of Illinois, died intestate, as it is said, on or about the 20 day of December A. D. 1876, having, at the time of his decease, personal property in this State, which may be lost or destroyed or diminished in value, if speedy care be not taken of the same.

        TO THE END, THEREFORE, That said property may be collected and preserved for those who shall appear to have a legal right or interest therein, we do whereby appoint William H. Stewart of the County of McHenry and State of Illinois, Administrator of all and singular the goods and chattels, right and credits, which were of the said Robert W. Stewart at the time of his decease, with full power and authority to secure and collect said property and debts, wheresoever the same may be found in this State, and in general to do and perform all other acts which now are or hereafter may be required of him by law.

        WITNESS P. Whitney (s) Clerk of County Court, in and for said County of McHenry, at his office in Woodstock, this 18th day of January A. D. 1877, and the Probate Seal of the said Court hereunto affixed.

 

      P. Whitney (s)  Clerk of the County Court

 

Filed this 18th day of January 1877 and recorded in Book B, Page 153

                     P. Whitney (s)  Clerk

 

END OF Document: # 5: LETTERS OF ADMINISTRATION

 

 

Document: #6:

AFFIDAVIT OF PUBLICATION AND POSTING OF NOTICE

 

AFFIDAVIT OF NOTICE FOR CREDITORS TO APPEAR.

                                    ESTATE OF R. W. STEWART DECEASED.

 

STATE OF ILLINOIS }                                                      In County Court Dec. Term, 1878
McHenry County } ss

                The undersigned W. H. Stewart Administrator of the Estate of Robert W. Stewart late of said County, deceased, being duly sworn on his said oath, deposes and says that he has pursuant to the requirements of Section 95 of the 109th Chapter of the Revised Statutes, giving notice that he fixed on the present term of this Court, at the Court House, in said County, for the settling and adjusting of all claims against such decedent, by publication in a public Newspaper, called the Woodstock Sentinel published in Woodstock, in said County, and also by putting up a printed notice on the door of the Court House, and in five other of the most public places in this County, namely: One at the office of the County Clerk, one at the Sentinel office, one at the Post Office (Woodstock), one at covered bridge Greenwood & one at Stewart Bros. Cheese Factory, Hebron, all in said county notifying and requesting all persons having claims against said estate, to attend at the present term of this Court, for the purpose of having the same adjusted; said publication having been made, and said notices having been posted, as aforesaid, more that six weeks previous to the first day of present term.

 

                                        Subscribed and sworn to in open Court this 16th                 W. H. Stewart (s)
                                        day of Dec. A. D. 1878

      P. Whitney (s)  Clerk

 

PUBLISHER’S CERTIFICATE.

                The undersigned, Publisher of the SENTINEL, a weekly newspaper published in Woodstock, McHenry County, Illinois, hereby certifies that the accompanying Notice was published in said paper six consecutive weeks, the first publication being on the 3rd day of October A. D. 1878.

                Publisher’s Fee $3.00
                                                                                                            G. S. S---------t (s)
Woodstock, Ill Dec. 16th 1878                                                                  Publisher Sentinel
                    Received payment G. S. S---------t (s)

 

News clipping accompanying document:

ADMINISTRATOR’S NOTICE

                      Estate of R. W. Stewart deceased.
                    The undersigned having been appointed administrator of the estate of R. W. Stewart, late of the County of McHenry, and State of Illinois, deceased, hereby gives notice that he will appear before the County Court of McHenry County, at the Court House in Woodstock, at the December term on the third Monday in December next, at which time all persons having claims against said estate, are notified and requested to attend for the purpose of having the same adjusted. All persons indebted to said estate are requested to make immediate payment to the undersigned.

                    Dated this 1st day of October A. D. 1878
oct3w6                                                                                                       W. H. Stewart, Administrator

 

Filed Dec. 16th 1878
Book A, Page 198                  P. Whitney (s) Clerk

 

END OF Document:  #6:  AFFIDAVIT OF PUBLICATION AND POSTING OF NOTICE

 

Document: # 7

CLAIM FOR PAYMENT OF DEBT

(Handwritten document)

Front

Mary Noland vs R. W. Stewart Est.

Hebron Dec 17, 1863
Due Miss Kate Noland fifty dollars

R. W. Stewart (s)        

Back

Note: $50.00                       Filed Jany 13/79
Int.:   $48.63                       P. Whitney (s)
         $98.63 clk

END OF Document:  #7:  CLAIM FOR PAYMENT OF DEBT

 

Document: # 8

CLAIM FOR PAYMENT OF DEBT

 

Front

$72.00 For value Received, I promise to pay Kate Noland or bearer

Seventy two Dollars, and        Cents, in
on demand Days, with interest,                          R. W. Stewart (s)   

April 2 A. D. 1860     

Back

Kate N (torn off)

XxxxX  72.00 (Unable to read Xxxx X)          
               81.36  Int            
  vs      153.36  clk
R. W. Stewart

Filed Jany 13/          79 
P. Whitney clk

     

END OF Document:  #8:  CLAIM FOR PAYMENT OF DEBT

 

Document: # 9

CLAIM FOR PAYMENT OF DEBT

 

Front

McHenry County, County Court
CLAIM OF
John D Charles
vs
THE ESTATE OF
Robert W Stewart
DECEASED

 

Filed and Docketed March 26th, 1879
P. Whitney Clerk

Paid .50 c

Back

STATE OF ILLINOIS }         In the McHenry County, County Court,
McHenry County, }ss          In Probate, . . . . . . . .Term, A. D. 1879

                   John D Charles being duly sworn, on oath says that the annexed account against the estate of Robert W. Stewart deceased, amounting to the sum of Nine Hundred & Eighty Dollars and . Cents, is just, after allowing all just credits, and is now due and unpaid.

Subscribed and sworn before me, this 26th
day of March 1879                              John D. Charles (s)

P. Whitney (s)                         Clerk

 

(This note is hand written)

Front

Hebron April 1, 75

One year from date value rec’d I promise to pay John D Charles on order

Seven hundred Dollars with Int. of ten per cent per annum.

R. W. Stewart (s)        

Back

John Charles Estate of RW Stewart

(This note written upside down on end of doc.)

Note 700.00
Int.   280.00         This Note is all correct.
       $980.00           WH Stewart (s)
Admin.
Filed March 26/79
P. Whitney Clk

 

END OF Document:  #9:  CLAIM FOR PAYMENT OF DEBT

 

Document: #10

 

CLAIM FOR PAYMENT OF DEBT

 

Front

McHenry County, County Court
CLAIM OF
Thomas Charles
vs
THE ESTATE OF
Robert W Stewart
DECEASED

Filed and Docketed March 27th, 1879
P. Whitney Clerk

$4320.00 allowed by the Court
as of Class.
this 27th day of
March A. D. 1879
P Whitney Clerk

Back

STATE OF ILLINOIS }         In the McHenry County, County Court,
McHenry County, }ss               In Probate, . . . . . . . .Term, A. D. 1879

                   Thomas Charles being duly sworn, on oath says that the annexed account against the estate of Robert W. Stewart deceased, amounting to the sum of Four Thousand three Hundred & Twenty Dollars and Cents, is just, after allowing all just credits, and is now due and unpaid.

Subscribed and sworn before me, this 27th
day of March 1879                              Thomas Charles (s)

P. Whitney (s)                         Clerk

ATTACHED

Hebron - April 1st, 1878

On Settlement of the a/c of Thomas Charles for work and labor and money loaned had between said Charles and Robert Stewart in the Spring of 1876 then was found to be due the said Charles the sum of                         2262.81

Also due the said Charles - as his share of the proceeds of the said Stewart for the year then ended.                                                             $960.00  

since Rec’d on same                                              266.00     694.00               
Interest on same for 2 years                  
Said Charles new advance                        
Making $4000.00  Four Thousand dollars to be left at eight per cent
All figured by me W H Stewart (s)



 

2956.81
   591.36
451.83

$4000.00
Interest 320.00
$4320.00

 

ALSO ATTACHED ON LETTER HEAD STATIONERY

OFFICE OF
B. N. SMITH
Attorney at Law,
And County Judge.

Woodstock, McHenry Co., Ill.,

 

(HANDWRITTEN)

Wm., is the claim of Thomas Charles all OK -
& shall I allow it? .
B. N. Smith (s)
All O.K.
W H Stewart (s)


Admin. Of RW Stewart Estate
Deceased

END OF Document:  #10:  CLAIM FOR PAYMENT OF DEBT

 

Document: #11

CLAIM FOR PAYMENT OF DEBT

 

Front

McHenry County, County Court
CLAIM OF
John J. Stewart
vs
THE ESTATE OF
Robert W Stewart
DECEASED

 

Filed and Docketed  June [  ]6th, 1879
P. Whitney Clerk

Back

THE OATH FORM ON THE BACK NOT COMPLETED
HANDWRITTEN NOTE ATTACHED

Hebron June 1879

On Settlement of the a/c of John Stewart vs Estate of Robert W Stewart Dec’d. I find due said John J. Stewart,  Eight Hundred and Sixty-two \33 Dollars.

W. H. Stewart (s), Admin.

 

 

END OF Document:  #11:  CLAIM FOR PAYMENT OF DEBT

 


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