This probate record was transcribed and donated by Bruce Stewart who has done much research research on his Stewart line.

This probate record is for James Stewart, son of Robert Stewart.   Robert W. Stewart I (James' son) left Fulton County the year his grandfather(Robert Stewart) died and then settled in Hebron, McHenry Co., Illinois. Robert's father, James Stewart (person of this probate), followed him four years later in 1841 when he, too, left Fulton County to join his son in Hebron. Robert W. Stewart's  probate records - Part 1    Part 2    Part 3.



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

(This document all hand written)


In the name of God, Amen. I James Stewart of the Town of Hebron, County of McHenry, State of Illinois being of sound mind and memory And considering the uncertainty of life do therefore Make, Ordain, Publish and declare this to be my Last Will and Testament. That is to say,

First. After my lawful debts are paid and discharged. The residue of My Real & Personal Estate I give and bequeath and dispose of as follows. To Wit. To my Wife Sarah Stewart I give and bequeath one fourth part of all my property for her disposal. The rest of said property to be Divided equal among my three Sons Robert, Wm and John.  James Milton deceased having received his portion in the farm called the homestead.

In Witness thereof I subscribe my name and set my seal this seventeenth day of June eighteen hundred and fifty eight.
June 17, 1858
James Stewart (JS) (s)

I hereby appoint my wife Sarah for my executrix and Robert W and W. H. and John Stewart my three sons for executors of the within testament. In Witness hereof I Subscribe my name and seal.

James Stewart (JS) (s)
June 18, 1858

State of Illinois }
County of McHenry } ss

The within will signed, sealed, published and declared by the said James Stewart as and for his last will and testament acknowledged in the presence of each other have hereto Subscribed our names as witnesses Daniel Erckenbreck (s)

at Hebron June 18, 1858  James P. Erckenbreck (s)
Linus Lines (s)
Stephen E Hulbert (s)


End of Document # 1:   Last Will and Testament


Document: # 2



Mc Henry County } ss In the County Court of said County

In Probate April Term A. D. 1863

PERSONALLY APPEARED in open Court, Stephen E. Hulbert and James P Erckenbreck subscribing witnesses to the foregoing instrument of writing, purporting to be the Last Will and Testament of James Stewart late of McHenry County, deceased, who being duly sworn according to law, do depose and say, each for himself, that the foregoing is the Last Will and Testament of the said James Stewart deceased; that they subscribed their names thereto as the attesting witnesses at the request of the said Testator, and in his presence, and in the presence of each other, on the eighteenth day of June A. D. 1858 That he then and there subscribed his name thereto in their presence, and declared the same to be his Last Will and Testament; and that the said Testator at the time of executing the same as aforesaid was of full age, of sound mind and memory, and under no constraint.

Stephen E. Hulbert (s)
James P. Erchenbreck (s)

Subscribed and Sworn to in open Court, this
18th day of April A. D. 1863
Elam M. Lamb (s) County Clerk


McHenry County Court,
Estate of
James Stewart
Filed this 21st day of
April 1863 and recorded
in Book A page 41
EM Lamb (s) Clerk

End of Document # 2:  Probate of Will



Document: # 3:


PETITION OF Robert W. Stewart in the matter of the Last Will and Testament of James Stewart deceased, for Probate of Will and Letters Testamentary.

To the Hon. William Kerr Judge of the County Court of McHenry County, in the State of Illinois.

The Petition of the undersigned Robert W. Stewart respectfully represents that James Stewart late of the County of McHenry aforesaid, departed this life at Hebron in the said County, on or about the 29th day of March A. D. 1863 leaving a last Will And Testament, duly signed, published and attested, as believed by your Petitioner and which by him is herewith presented to you honor for Probate. That said Will is subscribed by Linus Lines, James P Erckenbreck and Stephen E Hulbert as witnesses to the execution thereof.

That said testator in his said last Will nominated and appointed Sarah Stewart, Robert W. & W. H. and John Stewart Executors thereof, and that they are willing and ready to accept and undertake the office and trust confided to them. With the exception of W. H. Stewart who is absent in the army.

And this Petition further shows that the said James Stewart died seized and possessed of Real and Personal Estate consisting chiefly of Lanets(?) and Household furniture and that the personal property does not exceed four hundred dollars. And that the whole property belonging to the Estate of said deceased will not exceed five twenty thousand dollars all of said personal estate being estimated to be worth about four hundred dollars.

In consideration whereof, and to the end that said Will may be proved, established and performed, your Petitioner prays that the subscribing witnesses aforesaid may be summoned to be and appear before this Court at the present Term thereof, then and there to testify in the matter of said Will, as it may please your honor to direct; and that Probate of said Will may be thereupon granted, and the same ordered for the Record.

An your Petitioner further prays that it may please you honor to grant the Letters Testamentary of said last Will and Testament, upon their taking the oath proscribed by the Statute and entering into bond in such sum and with such securities as may be approved by you honor.



McHenry County, } ss Robert W. Stewart (s)

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,
Elam M. Lamb (s)
Clerk of the County Court of McHenry
County, this 20th day of
April A. D. 1863

Petition for Letters Testamentary

Estate of
James Stewart
In the County Court of
McHenry County


Robert W. Stewart

Filed this 20th day of
April A. D. 1863
Elam M Lamb (s) Clerk


END OF Document #3: Petition for Letters of Testament

Document: # 4


Estate of James Stewart,  Deceased

McHenry County, } ss In County Court,
April Term, 1863

Know all Men by the Presents

THAT WE, Sarah Stewart, Robert W. Stewart, John Stewart, principals and Charles H Russell, security.

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 Ten Thousand 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 and administrators, jointly, severally and firmly by these presents. Witness our hands and seals, this Twentieth day of April A. D. 1863.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounders Sarah Stewart, Robert W. Stewart and John Stewart Executors of the last Will and Testament of James Stewart deceased, do make or cause to be made, a true and perfect inventory of all and singular the good and chattels, rights and credits, lands, tenements and hereditaments, and the rents and profits issuing out of the same, of the said deceased, which have or shall come to the hands, possession or knowledge of the said Sarah Stewart, Robert W. Stewart and John Stewart or into the possession of any other person for them and the same so made do exhibit in the County Court for the said County of McHenry as required by law; and also make and render a fair and just account of their actings and doings as such Executors to said Court, when thereunto lawfully required, and to well and truly fulfill the duties enjoined upon them in and by the said Will; and shall, moreover, pay and deliver to the persons entitled thereto, all the legacies and bequests contained in said Will, so far as the Estate of the testator will thereunto extend, according to the value thereof, and as the law shall charge them and shall in general do all other acts which may from time to time be required of them by law—then this obligation to be void; otherwise, to remain in full force and virtue.

Signed, Sealed and Delivered in Presence of Sarah Stewart (s)
Elam M Lamb (s) R. W. Stewart (s)
Clerk of the County Court. John Stewart (s)
C. H. Russell (s)

McHenry County Court
Estate of

James Stewart


Sarah Stewart
Robert W. Stewart & John Stewart

Filed this 20th day of
April 1863, and
Recorded in Book A, Page 41
Elam M Lamb (s) Clerk

Will Recorded Page
592 Book B

End of Document # 4:   Bond of Executor


Document: # 5



Estate of James Stewart Deceased.

McHenry County, } In County Court,
June Term, 1863

The undersigned, sworn on his said oath depose and say that he has, pursuant to the requirements of Sec. 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 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 this Court House, and in five other of the most public places in this County, namely; County Clerks office, Post Office Woodstock, 3 in Hebron, 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 than six weeks previous to the first day of the present term.

  1. W. Stewart (s)

Subscribed and sworn to in open Court, this 16th day of June A. D. 1863
E M Lamb (s) Clerk

McHenry County Court
Estate of

James Stewart
AFFIDAVIT of publication and posting of
Book B
Page 611

Filed June 16th 1863
EM Lamb (s) Clerk


End of Document # 5:  Affidavit of Notice for Creditors to Appear


Document: # 6



The undersigned, Publishers of the WOODSTOCK SENTINEL, a Weekly Newspaper published in Woodstock, McHenry county, Illinois, hereby certify that the accompanying Notice was published in said paper Six successive weeks. The first publication being on the twenty-second day of May A. D. 1863 and the last on the twenty seventh day of May A. D. 1863.

    1. E. & W. E. SMITH, Publishers "Woodstock Sentinel"

Publisher’s Fee $2.50 Received payment

E. Smith (s)
Woodstock, Ill., June 16, 1863


Newspaper clipping:

Executor’s Notice

Estate of James Stewart, deceased. The undersigned having been appointed Executors of the last Will and Testament of James Stewart, late of the county of McHenry, and State of Illinois, deceased, hereby give notice that they will appear before the county court at McHenry county at the Court House is Woodstock at the June term, on the third Monday in June next, at which time all persons having claims against said Estate are notified and requested to attend for the purposes of having the same adjusted. All persons indebted to said Estate are requested to make immediate payment to the undersigned.

Dated this Twentieth day of April, A. D. 1863

Sarah Stewart }
R. W. Stewart   }

7-38-6w    John Stewart }

Estate of James Stewart

Filed June 16, 1863
E M Lamb (s) Clerk

Recorded on page 611
Book B


End of Document # 6:  Publisher's Certificate


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Last updated Tuesday, 13-May-2008 13:08:15 PDT