Azor
Wilson and Emily
Azor Wilson was born in 1814 or 1815 in the Indiana
Territory in what became Orange Co. He was the son of James and Elizabeth
Charles Wilson. His father had been a veteran of the Battle of Tippecanoe,
an 1811 precursor to the War of 1812. His SC-born mother was the daughter of Joel
Charles, one of the earliest settlers in Orange Co., IN. Azor was the firstborn
of seven (known) children to the couple. His father, though severely wounded at
Tippecanoe, seems to have had a larger-than-life personality. He was known
locally as ‘Bear Jim’ for his exploits as a bear hunter.
Not
many people of European descent lived in the IN territory prior to the War of
1812. The population of what we now think of as the state was only 2,600 in
1800. By 1810, the population had risen to 24,500. The British still occupied
forts along the Great Lakes (on the American side), and they had set native
populations in opposition to the infant nation. The Indian Chief, Tecumseh, had
initiated the largest coalition of tribal peoples to resist further settlement
by whites. His brother, known as The Prophet, lived in western IN, along the
Wabash River in a large village known as The Prophet’s Town. The region was
dangerous and the site of constant raids and kidnappings. When war broke out,
KY troops drove into the state under the leadership of Benjamin Harrison and
Zachery Taylor, both future Presidents. Their goal was to attack the Prophet’s
stronghold and weaken the Confederacy. In this, they were successful.
While
there was not a clear overall victor in the War, the departure of the British
from the American-owned western territories, the elimination of the Indian
confederacy, and the killing (in Canada) of the greatest Indian leader,
Tecumseh, brought peace to IN and other western lands. This greatly facilitated
immigration from the east so that by 1820, there were over 147,000 living in IN.
With the reduction of strife, IN joined the young nation in December 1816 as
the nineteenth state. Congress sought to lure settlers across the Appalachians
to jumpstart the development of a western civilization. This they did with
several pieces of legislation that facilitated low-cost purchase of government-owned
lands that had never been titled. Prior acts had offered large tracts of land,
typically 160 acres, for sale on credit. Soon it became obvious that few
settlers had the capital and that this size of tract was beyond what most
families could comfortably manage. Thus, the act of 1820 ended the practice of
purchasing on credit, lowered the price per acre that a citizen had to pay
(from $2 to $1.25), and reduced the available tracts from 160 acres (a
so-called quarter section) to 40 acres.[1]
To purchase a tract, one went to the locally established General Land Office
and acquired a patent for the property of interest.
1830s
By
1832, his father’s health was declining, likely as the result of wounds
received at Tippecanoe. He applied for and received a pension from the Army.
Azor was still living in Orange Co. in the southern part of the state. He
worked as a blacksmith, a miller, and a farmer. It is assumed that work in
these early years was focused on saving to take advantage of the 1820 Act. Azor
made his first purchase in 1837 in Vincennes. IN (near where the Prophet’s Town
had been) some 60 miles from his home in Orange Co., he secured patent 10,983
for 40 acres on August 5th.
[1] A section was a square mile, 640 acres. Thus, a quarter section was 160 acres. Azor’s purchase was described as the “Southeast quarter of the Southeast Quarter of section 4, Township 2, north of Range 2, 40 acres in section 4. These unfamiliar terms are generally described in _______.
Page -2-
1840s
By
about 1842 or 1843, the 28-year-old Azor married 19-year-old Indiana-born Emile
(Emily). No record of this marriage has yet been found, though it most likely
occurred in Orange or Martin Counties. At about the same time, his father,
James, died at his home in Orange Co. at age 51.
Azor
and Emily’s first known child was John L. He was born on August 20, 1843.[2]
He was followed by a daughter, Harriet E., born in about 1845.[3]
The last child to be born in this decade was Joseph Clarence. He was born on
November 16, 1849.[4]
1850s
The
1850 census provides a snapshot of the family. They are living in Martin Co.,
IN, in the Columbia Township. Columbia is one of the Martin Co. townships
that disappeared because of the mergers. Columbia Township shared an eastern
border with both Lawrence Co. and Orange Co. and was largely incorporated into
Halbert Township. The census shows that Azor (36) has accumulated $1,200 worth
of real estate and notes that Emilie (26) cannot read or write. The sum of
$1,200 would have bought a significant plot of land on the frontier at that
time, indicating that he was clearly prosperous. Emilie was followed by James
L. (7) and Harriet (5). Traditionally, biological families are listed together
at the top of a census entry. Others, including boarders and children who are
not immediate family, follow and are sorted by age. The fact that Joseph (1) is
listed after a non-family member, George Davis (16), may mean that he is not
the biological child of Azor and Emily. Instead, he may be the son of one of
Azor’s brothers who has died. This is a pure conjecture as census takers were
not always consistent.
The
1850 agricultural census for Martin Co., IN provides some insight into Azor’s
farming operation. He had 85 acres under cultivation and an additional 199
acres of unimproved land. The land alone was worth $1,235. Azor owned just $10
worth of farm implements. He had 2 milk cows, 3 other cattle, 10 sheep, and 15
hogs. The total value of all livestock was $45. Over the last year, the farm
has produced 200 bushels of Indian corn, 50 bushels of oats, 15 pounds of wool,
100 pounds of butter, and 1 ton of hay. Additionally, he had slaughtered $75 of
livestock during the same period. Azor’s farm was one of the largest and most
productive in the Township.[5]
[2]
James L. Wilson was born on August 20, 1843. He died on December 4, 1870. He
served as a Private in the 49th IN Infantry Regiment. At least 2
other Wilsons from Orange Co. served in the 49th IN besides James. They were
Benjamin F. and William S.
[3]
Harriet E. Wilson was born in 1845. She died October 12, 1845. She married Henry
B. Davis.
[4]
Joseph Clarence Wilson was born on November 16, 1849. He died in Ohio Co., KY on
______1898, and is buried in Shields Cemetery in Cromwell. He married _____
[5] U.S.,
Selected Federal Census Non-Population Schedules, 1850-1880, 1850 data, Martin Co.,
IN, Columbia Township, pages 3-4, images 239 and 240. As of 2025, this material
is not available via Ancestry.com but is available via FamilySearch.org.
Page -3-
With
four children to raise, Azor married Caroline Summers on August 15, 1858, in
Martin Co., IN.[6] It
is not clear if Azor had moved to nearby Martin Co. or just got married there.
At any rate, the couple settled in Orange Co.
1860s
At
the time of the 1860 census, as the nation prepared for the coming conflict, the
Wilsons were living in Orange Co., IN, in the French Lick township, and
seemingly prospering. Azor, age 45, was listed as a miller. His real estate was
valued at $7,000 and his personal property at $1,000, both substantially above
1850 figures. Mary, born in IN, is 33 and caring for the four children at home.
James L., 16, was working on the farm and, like all the children, was Indiana-born
and in school. Harriet E. was 14, and Joseph C. was 10. After Joseph came a
Sarah A. Morgan, age 9. It seems likely that she is the daughter of Mary by a
previous husband or an orphaned child of a relative that they have taken in.
Albert Wilson, 8, was almost certainly the son of Azor and Emilie.
A
review of the 1860 agricultural census reveals how the farm was doing on the
eve of the Civil War. Azor’s farm included 100 acres of improved land and 360
of unimproved. The cash value of the land was $3500, not counting his $75 worth
of farm implements. He had 2 horses, no mules, 3 working oxen, 8 other cattle,
1 other cow, 23 sheep, and 15 hogs. The total value of all livestock was $480.
Over the previous year, the farm produced 83 bushels of wheat, 300 bushels of
corn, 72 pounds of wool, and 6 bushels of Irish potatoes and $6 worth of
orchard produce. He also produced 100 pounds of butter, 400 pounds of flax, 3
bushels of flaxseed, and 3 gallons of molasses. In the past year, $70 worth of
animals had been slaughtered.[7]
When the Civil War broke out, their
firstborn, James L., was just old enough to serve. He
enlisted in the 49th IN Infantry, Company G. The Regiment mustered
into service for three years at Jeffersonville, IN on November 21, 1861. They
primarily served in the Mississippi Campaign, much of it on the west side of
the river. Jams and the 49th participated in the siege of Vicksburg and
mustered out at Louisville, KY, in September 1865.
Azor
and Mary Caroline seem to have had a couple of children Mary J., 1858, and
Elzora A., 1862, before her death in October of 1862. Given the risks of
childbirth at the time, her death may have come in association with Elzora’s
birth. She was laid to rest in Moore's Ridge Cemetery in French Lick.
On
August 16, 1865, Azor remarried. His new bride, Caroline (Daugherty) Mathers,
was twenty-two years his junior.[8]
By this time, all Emile's children had left home, though five still remained
from the two last marriages. Of Emile's children, only the whereabouts of
Joseph C. are known. He had married Isabella Fitch in the late 1860s and had
moved back to Martin Co., later moving southward to Breckenridge Co., KY, and
later to Ohio Co., KY.
[6]
Azor’s wife was listed as Mary in the 1860 census. There is still confusion
here. It may be that Caroline was actually Mary Caroline. However, there is
another marriage listed for Azor to Mary Morgan in 1857. I need help here.
[7] U.S.,
Selected Federal Census Non-Population Schedules, 1850-1880, 1860 data, Orange Co.,
IN, French Lick Township, pages 25-26. As of 2025, this material is not
available via Ancestry.com but is available via FamilySearch.org.
[8] If
I have this right, Caroline married Samuel M. Mathers. He enlisted and died of
heart problems in Union service at Young’s Point, LA in February 1863. After
Azor died, she married another veteran, John Matherson. He too died early.
Page -4-
1870s
Azor’s
oldest son, James L., had survived his service in the 49th IN
Infantry during the Civil War, but like many veterans, he died shortly
thereafter. James passed on December 4, 1870, though
the specific cause is not yet known. His estate inventory suggests that he may
have died of an accident or of a disease that came on very quickly as the
impressive collection of tools suggests one who was working and expected to
keep working. When the 1870 agricultural census had been performed, James
appeared on the same page as Azor in the French Lick township. The farm was
small compared to its neighbors with 15 acres of cultivated land and only 10
acres of woodland. The value of the land was placed at $200. Like many deaths
of the day, the management of his estate was taken up by a Probate Court
assigned Administrator who first ordered an inventory and then began the slow
process of paying off debts and distributing assets. As James is not the
subject of this paper, the details of those probate actions are covered in the
end notes.
At
the time of the 1870 census, the Wilsons were living in Orange Co., IN, in the French
Lick township. Azor is 55 and identifies as a farmer. He has an impressive $7,000
in real estate and a $1,000 personal estate. His wife was Caroline, age 33 and
Indiana-born, was listed as keeping house. The youngest child in 1860, Albert, would
have been 18 at this time, but he was not listed. The oldest child in the 1870
census was Mary J., who did not appear in 1860, nor, of course, did any of the
younger children. These younger children could all be from a prior marriage,
all from a marriage with Azor, or a mix. More research into his marriages will
be necessary. Mary J. was at home and in school. Elzora A, age 8, was in school
but cannot yet read or write, Lyora E. (4), John W, and Samuel, 8 months, were
all born in IN and were all too young for school. The family was young and
growing.
The
1870 agricultural census provides not only a look at how Azor prospered through
the Civil War but also how the family was doing as he entered his final decade.
According to that tabulation, Azor owned 100 acres of improved land under
cultivation and 400 acres of woodlands. The cash value of the farm was $7000,
and the cash value of his farm implements was $100. He owned 3 horses, no mules,
3 milk cows, 3 other cows, 2 working cows, 2 other cattle, 3 sheep, and 5 hogs.
The total value of the livestock was $500. He had produced 150 bushels of
wheat, 200 bushels of Indian corn, 40 pounds of wool, 25 pounds of Irish potatoes,
$10 of orchard produce, 250 pounds of butter, 2 tons of hay, and 25 gallons of
molasses. Azor estimated that $80 worth of farm animals had been slaughtered
over the last year and that the total value of all farm production had been $364.
He did not pay any wages for farm labor.[9]
The
early 1870s would see three more children added to Azor’s already large family.
Azor C. was born on May 3, 1871. Next came Adolphous in 1872 and finally, Martha,
on August 12, 1873. Martha would be his 12th and final child.
Azor died at home on December 20, 1876. He was only 61 years old. He was buried in the Wilson Cemetery in West Baden Springs, Orange Co. IN.[10] His obituary appeared in the local paper on December 27th and said: "Azor Wilson, an old and well known citizen of this county, died at his
[9] U.S., Selected Federal Census Non-Population Schedules,
1850-1880, 1870 data, Orange Co., IN, French Lick Township, pages 7-8. As of
2025, this material is not available via Ancestry.com but is available via
FamilySearch.org.
[10]Find
A Grave website https://www.findagrave.com/memorial/128082410/azor-wilson
Page -5-
residence, near Wilson's Mill, on Lost River, last
Wednesday of Erysipelas.[11]
Mr. Wilson was 61 years of age and was an honorable, industrious citizen. He was
a member in good standing in both the Masonic and Odd Fellows Orders. He leaves
a wife and two children to mourn his loss."[12]
1870s-1880s - Probate
In response to Azor’s death, the Co.
Probate Court, in its January 1877 Term, accepted letters and bonds from
individuals seeking an appointment as an Administrator or Executor of the
estates of those recently deceased. Among those was one Roland Edwards, who was
appointed Administrator.[13] This
would be an exceedingly tedious process, would produce many continuances for lack
of progress, see the administrator issued citations for his sluggishness, and was not resolved until 1884. No doubt, some of the complexity must have resulted
from Azor owning properties in east Martin Co. and west Orange Co.
By mid-January 1877, the Court had
ordered an inventory of Azor’s personal estate and the identification of the
property to be retained by his widow, Caroline. The Administrator, Edward
Roland, submitted the results. The list contained only the following 15 items
totaling $311.25, all retained by Caroline.[14]
|
|
Description |
Value |
|
1 |
1 log wagon |
$16.00 |
|
2 |
1 two horse wagon |
$15.00 |
|
3 |
Blacksmith tools |
$35.00 |
|
4 |
2 ???????? |
$0.50 |
|
5 |
1 grind stone |
$0.50 |
|
6 |
1 bay mare |
$12.00 |
|
7 |
1 roan colt |
$20.00 |
|
8 |
1 mule |
$35.00 |
|
9 |
1 stallion |
$110.00 |
|
10 |
1 calf |
$1.00 |
|
11 |
5 hogs |
$20.00 |
|
12 |
1 plain |
$0.75 |
|
13 |
Sewing machine |
$35.00 |
|
14 |
1 stove |
$10.00 |
|
15 |
1 sausage grinder |
$0.50 |
|
|
Total |
$311.25 |
[11]
According to Wikipedia, Erysipelas is a relatively common bacterial infection
of the superficial layer of the skin, extending to the superficial lymphatic
vessels within the skin, characterized by a raised, well-defined, tender,
bright red rash, typically on the face or legs, but which can occur anywhere on
the skin. It is a form of cellulitis and is potentially serious, even fatal.
Erysipelas is usually caused by the bacterium Streptococcus pyogenes, also
known as group A β-hemolytic streptococci, which enters the body through a
break in the skin, such as a scratch or an insect bite.
[12] Paoli
Weekly News, Volume 5, Number 15, Paoli, Orange County, 27 December 1876. I
could not find the paper online. Microfilmed editions of the paper are
available in the Indiana State Archives. The Lost River community is located
some 2 miles north of Paoli, IN, and just west of Highway 37.
[13]
Martin Co., IN, Probate Order Book, Circuit Court, Vol B, 1874-1879, page 211,
January Term 1877.
[14]
Martin Co., IN, Estate Inventories, 1874-1881, page 132, January 20, 1877.
Page -6-
Azor also held two notes, both from
Robert and Mary E. Gerking. Both notes were for $75, due in 12 months at 10%
interest. One was dated February 17, 1876, and the other was dated February 17,
1875. Caroline did not ‘retain’ these.
Joseph and Azor had been partners in a
small surveying enterprise. As that business was part of Azor’s Estate, the
Martin Co. Circuit Court appointed two men to perform an appraisal. The results
of their work were recorded in the Court record. They showed one bay stallion,
valued at $200, and 34 accounts receivable, ranging in value from $6 to $15.
The total of the appraisal was $421. No tools or wagons were listed for the
partnership though such things were found in the inventory of Azor’s Estate as
noted above. Joseph provided a sworn statement attesting to the completeness of
the inventory on April 14, 1877.[15]
The Martin Co. Probate Court prepared to
take up Azor’s case in November 1877, then for reasons unknown, struck the case
from its Order Book and moved to the next case.[16] Roland
again appeared before the Court on November 22, 1877, and upon his motion, the
case was continued until the next Term.[17] Continuances
became almost routine; Roland next appeared on January 24, 1878, to give an
account of the Estate. He noted that he had assets in hand amounting to $461.25
and claims amounting to $311.25. This left a balance of $100.00. Roland then
brought a motion that he be permitted to proceed with the sale of real estate.
This motion was approved, and the matter was carried over to the next term of
the Court.[18] Roland
again appeared before the Court on April 23, 1879, and upon his motion, the
case was continued until the next Term.[19] Rolan
reappeared for the June 1879 Term and made a detailed motion regarding the sale
of real estate to eliminate the indebtedness of the Estate. As was usual in
such public sales, the Administrator was directed to publicize the sale in the
local paper of record, in this case, the Martin County Herald, for the
requisite number of weeks (4) prior to the sale and to publicly post three notices
of the sale in each of the townships in which the lands were located. The Court
then named the minor Wilson heirs (John, Azor C. Martha and Wesley) and adult
heirs (Caroline Hammitt Davis and Joseph C. Wilson). It was noted that two men
had performed an appraisal of the land (Frederick L. Beckler and Samuel Lytle)
and found it to be worth $739.00. The Court stipulated terms of the sale:
two-thirds down and the balance in two installments, one at six months and the
other at twelve months.[20]
Roland briefly returned to the Court for the January 1880 term and upon his motion received a continuance until the next term.[21] Roland reported to the Court during the April 1880 term and reported that he had been unable to sell said the land under the terms previously indicated. He requested additional time and a reappraisal. There is no indication that the Court immediately ruled on the request.[22] Roland reported to the Court during the June 1880 term and upon his motion again received a continuance until the next term. Of note, the case is new described in the Order Book as Azor Wilson’s Estate and Heirs of Azor Wilson.[23] Roland reported to the Court during the January
[15]
Martin Co., IN, Estate Inventories, 1874-1881, page 139, April 14, 1877.
[16] Martin
Co., IN, Probate Order Book, Circuit Court, Vol B, 1874-1879, page 305.
November 8, 1877.
[17]
Martin Co., IN, Probate Order Book, Circuit Court, Vol B, 1874-1879, page 329. November
22, 1877.
[18]
Martin Co., IN, Probate Order Book, Circuit Court, Vol B, 1874-1879, page 336. January
24, 1878.
[19]
Martin Co., IN, Probate Order Book, Circuit Court, Vol B, 1874-1879, page 369,
April 23, 1879.
[20]
Martin Co., IN, Probate Order Book, Circuit Court, Vol B, 1874-1879, page 570,
June Term 1879. I have not yet been able to resolve the discrepancy between the
real estate values cited in multiple census records with the actual sale prices
at public auction. They seem to differ by a factor of approximately 20.
[21]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 59, January
Term 1880.
[22]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 73, April
Term 1880.
[23]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 105, June
Term 1880.
Page -7-
1881
term and received a continuance until the next term in order to report upon the
sale and payments of the purchase money.[24]
At
the next appearance, Roland sent his attorney to provide a report to the Court.
He noted that at his last appearance he had no funds on hand but had since
received $150 from the sale of land. He had used that money to pay down
indebtedness of the Estate. He noted that there was an additional 120 acres of
unsold land and asked for further time to dispose of that property. The report
and the motion were approved.[25]
Roland’s
next appearance during the April Term of 1881 was to report that the land had
been sold to John Gromer. Gromer assigned his certificate of purchase to Thomas
L. Nelson and Joseph M (or W.) Nelson. The filing contained a legal description
of the land, all in Martin Co. Gromer requested that the Court make the deeds
out to the Nelsons. The Court examined the agreements and payments and approved
the transaction and further annulled the previously reported sale to Thomas N.
Braetau. The Administrator next advised the Court that he had sold a certain
tract of Orange Co. land to Sarah Archer for the sum of $20, the appraised
value. This transaction also contained a legal description of the property. Roland
was directed to prepare deeds for the transactions and to return to the Court
to report on those actions.[26]
Roland
again sought a continuance at his next appearance.[27]
In November, he repeated his request.[28]
By the January Term 1882, the Court was getting impatient. Judge Francis Wilson
dispatched the Master Commissioner of the Court, Thomas Brooke, to the Probate
Court to read the Judge’s opinion and order. The Judge found things to be in
order and could not see why the Estate could not be settled. An order was
issued to direct the Administrator to come with his final report at the next
Term.[29]
Roland returned as ordered in April of 1882 but did not have a final report. As
a consequence, the Court issued both an order to return with the report and a
citation, “returnable the first day of the next term”. It is assumed that
Roland could return with the citation on the directed date and experience no
consequences, but that a failure to do so would result in penalties.[30]
Roland returned on the first day of the June Term and was near the top of the
docket. The Court ‘granted him leave to withdraw his account current(ly) on
file’ and return at the next Term with final report.[31]
Roland returned the following day and spoke to the case of the Estate of Azor
vs John Wilson. The result was similar in that Roland received a continuance.[32]
On that same day, the Court dealt with many of the citations that it had issued
to Administrators. In the case of Edward Roland, the Court dismissed the
citation and directed that the costs of the citation be paid out of the Estate
to the Administrator by the Administrator.[33]
[24]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 168,
January 25, 1881.
[25]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 187, January
Term 1881.
[26]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, pages 238-239,
April Term 1881.
[27] Martin
Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 266, June Term
1881.
[28] Martin
Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 285, November
28, 1881.
[29]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 319,
January Term 1882.
[30]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 451,
April 18, 1882.
[31]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 460,
June 27, 1882. The Court blinked.
[32]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 474,
June 28, 1882.
[33]
Martin Co., IN, Probate Order Book, Circuit Court, Vol C, 1880-1883, page 507,
June 28, 1882. It is hard to understand just what was going on here. This same
dismissal was issued for a number of cases.
Page -8-
Roland’s
appearance at the April 1883 Term was just like prior instances. He made a motion
to continue the case, and it was granted.[34]
Likewise, the case of the Estate vs the Heirs was continued until the next term.[35]
When the Court sat in 1884, they again issued a citation to call Administrator
Roland to appear the first day of the next (spring) Term to show cause why the
subject Estate had not been fully settled.[36]
The case of the Estate versus the Heirs also came before the Court in the January
Term and was continued.[37]
In April of 1884, the Court again lost patience with the Administrator and
issued a Citation. From the text, it appears that the Court expected some kind
of report from the adjacent county (Orange Co.) where some of Azor’s property
was located.[38]
The case of the Estate versus the Heirs came before the Court in the April Term
and was again continued.[39]
In
June of 1884, when Roland finally appeared before the Court with an actual
report in hand, they may have been shocked. He first noted that the Estate had
no assets on hand other than a claim on William Wyman for $40, and he was
insolvent. Nevertheless, Roland said that he hoped to recover at least 50% of
that claim by the next Court Term. He also noted that the Estate owned a 60-acre
plot of land in Orange Co. Roland had that plot for sale but had not yet found
a buyer. He expressed his plan to settle the Estate by the next term whether
the tract sold or not. The Court received and approved the Administrator’s
report and continued the case as requested.[40]
The case of the Estate versus the heirs came before the Court in the June Term
and was continued.[41]
Roland
came before the Court and reported that he had received the balance of payment
for the lands that the Court had ordered to be sold as described: The northeast
quarter of the northwest quarter of section 30, town 2, north range 2 west.
This land was sold to William Wyman, and Roland asked for the Court to direct
him to make a deed. The Court reviewed his report, approved it, and issued the
requested order to prepare the deed. Roland presented the wording for the deed,
which was approved and included in the Order Book. The Court declared that
matter to be closed.[42]
Administrator
Roland then filed an addendum to his final report with the Court. He noted that
since the above report was written, he had received payment from William Wyman
for the outstanding claim by the estate of $40. With these funds, he paid the
following estate bills:
|
Description |
Amount |
|
Printers
bill |
$9.00 |
|
Clerks
fees |
$10.55 |
|
R.
C. Stefhuss |
$7.50 |
|
Attorney
fee |
$15.00 |
|
Total |
$42.05 |
[34]
Martin Co., IN, Probate Order Book, Circuit Court, Vol D, 1883-1887, page 5,
April 9, 1883.
[35] Martin
Co., IN, Probate Order Book, Circuit Court, Vol D, 1883-1887, page 60, June 16,
1883.
[36]
Martin Co., IN, Probate Order Book, Circuit Court, Vol D, 1883-1887, page 187,
January 24, 1884.
[37]
Martin Co., IN, Probate Order Book, Circuit Court, Vol D, 1883-1887, page 218,
January 29, 1884.
[38]
Martin Co., IN, Probate Order Book, Circuit Court, Vol D, 1883-1887, page 242,
April Term 1884.
[39]
Martin Co., IN, Probate Order Book, Circuit Court, Vol D, 1883-1887, page 244,
April Term 1884.
[40]
Martin Co., IN, Probate Order Book, Circuit Court, Vol D, 1883-1887, page 270,
June 4, 1884.
[41]
Martin Co., IN, Probate Order Book, Circuit Court, Vol D, 1883-1887, page 279,
June 24, 1884.
[42]
Martin Co., IN, Probate Order Book, Circuit Court, Vol D, 1883-1887, pages 316-317,
November 13, 1884.
Page -9-
He
noted that all assets that had come into his hands had been expended in the
payment of claims. He next noted that there still were unsold lands, amounting
to 60 acres, belonging to the Estate in Orange Co. Roland stated that any
potential sale was encumbered by the presence of unpaid taxes which exceeded
the value of the land. He noted that the lands had been offered for sale
continuously since such a sale was authorized and asked that his present report
be accepted as the final settlement of the Estate and that he be discharged
from his duties. The Court examined his report, approved it, and discharged
Roland from his duties.[43]
It
had taken eight years to settle the Estate and involved inventories, sales, and
lands in two counties and some kind of challenge by the heirs. In the end,
there was nothing left.
End Notes and
References
- James L. Wilson was the oldest son of Azor
and Emily Wilson. He was born in IN on August 20, 1843.
He
enlisted in the 49th IN Infantry, Company G. The Regiment mustered into service
for three years at Jeffersonville, IN, on November 21, 1861. They primarily
served in the Mississippi Campaign, much of it on the west side of the river.
They participated in the siege of Vicksburg and mustered out at Louisville, KY,
in September 1865.
James
died December 4, 1870, though the specific cause is not yet known. The record
of a Minor's Pension application exists, number 427037, dated June 30, 2890.
The minor was named Leander W. Wilson. It does not appear that a certificate
was ever issued. I thought such a name as Leander would make tracing very easy,
but Leander was a popular name in the late 1800s. The most likely person found
thus far is a Leander Wesley Wilson. As noted above, one of Azor’s minor heirs
was named Wesley.
His
estate inventory suggests that he may have died of an accident or of a disease
that came on very quickly, as the impressive collection of tools suggests one
who was working and expected to keep working. When the 1870 agricultural census
was performed, James appeared on the same page as Azor in the French Lick
township. The farm was small compared to its neighbors, with 15 acres of
cultivated land and only 10 acres of woodland. The value of the land was placed
at $200. Like many deaths of the day, the management of James’ Estate was taken
up by a Probate Court-assigned Administrator who first ordered an inventory and
then began the slow process of paying off debts and distributing assets. The
Martin Co., IN Probate Court considered his Estate multiple times (many are
simply continuances requested by the Administrator).
- Martin Co. IN, Estate Inventories and Sales, 1863-1881
- January 17, 1871, pages 178, 179 and 180 – This was an inventory and sale of the personal property of James L. Wilson, Deceased. The inventory is an incredible listing, consisting of a description of the entry, who bought the item, what they paid, and a space for comments. There are 82 items in the inventory representing those items not retained by the Widow. It is a shame that there is not a list of the latter items.
|
Item |
Price |
Purchaser |
|
5 chairs |
$.1.10 |
Thomas Fitch |
|
Wash bowl and tub |
$1.10 |
Daniel ??? |
|
One lot of plates |
$0.65 |
Charles Williams |
|
Wash kettle and boiler |
$1.50 |
William Fitch |
[43]
Martin Co., IN, Probate Order Book, Circuit Court, Vol D, 1883-1887, pages 317-318, November 13, 1884.
Page -10-
|
One set cups and
saucers |
$0.50 |
Harrison Johnson |
|
One set meat plate |
$0.65 |
Joseph Wilson |
|
Salt seller and dish |
$0.20 |
Joseph Wilson |
|
2 cream pitchers |
$0.30 |
George Martin |
|
1 set plates |
$0.20 |
John Cutsinger |
|
Apple peeler |
$0.35 |
Michael Shirley |
|
Bell and can |
$0.25 |
Stephen Scarlett |
|
1 milk churn |
$0.75 |
James H. Ballard |
|
1 lantern |
$1.15 |
Joseph Wilson |
|
1 lard can |
$0,70 |
Thomas Wood |
|
1 jar |
$0.10 |
B. J Gatten |
|
1 jar |
$0.10 |
Joseph Wilson |
|
1 jug |
$0.25 |
Joseph Wilson |
|
1 jug |
$0.15 |
Theodore Wood |
|
1 bucket and trumphery |
$0.75 |
B. J. Gatten |
|
1 set knives and forks |
$0.20 |
George Matrtin |
|
1 sugar bowl |
$0.35 |
Joseph Wilson |
|
Tricks |
$0.35 |
Joseph Wilson |
|
1 clock |
$0.35 |
Harrison Johnson |
|
2 crocks and pans |
$0.35 |
Bedford Scarlett |
|
1 pair steelyards |
$1.50 |
B. J. Gatten |
|
2 stand tables |
$0.20 |
Joseph Wilson |
|
??????? and pan |
$0.55 |
Joseph Wilson |
|
Book of horse ology |
$1.50 |
B. J Gatton |
|
1 cookstove |
$15.00 |
Willian Daugherty |
|
1-1/2 barrel molasses |
$9.60 |
J. A. Lynch |
|
3 barrels & box |
$0.70 |
Harrison Johnson |
|
Wheat 10-3/4 bu |
$12.86 |
William Daugherty |
|
1 pickle stand |
$1.00 |
James Scarlett |
|
1 cable rope |
$6.00 |
S. T. Emmons |
|
1 bed and bedding |
$24.00 |
Archibald Daugherty |
|
1 quilt |
$0.65 |
George Martin |
|
1 quilt |
$0.30 |
Washington Cox |
|
|
|
|
|
|
|
|
|
Item |
Price |
Purchaser |
|
1 quilt |
$0.90 |
Lee Charles |
|
1 blanket |
$2.95 |
George Martin |
|
1 blanket |
$3.80 |
B. B. Casr |
|
1 saddle blanket |
$0.25 |
Joseph Wilson |
|
1 coal oil can |
$0.35 |
H. Simmons |
|
1 bridle |
$0.35 |
Pat Kelley |
|
1 mans saddle |
$15.25 |
John Edwards |
|
21 skillets and lids |
$0.65 |
James H. Ballard |
|
1 ???? and lid |
$0.30 |
Harse Simmons |
|
1 flax wheel |
$5.30 |
James H. Ballard |
|
1 canoe |
$2.25 |
James A. Lynch |
|
1 cupboard |
$1.50 |
James H. Ballard |
|
1 set plow gears |
$1.20 |
Daniel Simmons |
|
1 turn plow |
$2.50 |
B. A. Lynch |
|
3 plows |
$1.00 |
Charles Williams |
|
1 spade |
$1.05 |
William Fitch |
|
????????? |
$0.50 |
Thomas Fitch |
|
1 wagon |
$19.00 |
B. A. Lynch |
|
1 log wagon |
$35.25 |
S. T, Emmons |
|
Undivided ½ of machine |
$55.00 |
Talbot Dillinger |
|
1 hay stack |
$12.75 |
Theodore Lynch |
|
1 log chain |
$3.05 |
William Fitch |
|
1 ass |
$29.50 |
C. A. Wood |
|
1 she ass |
$7.10 |
Thomas Archer |
|
1 yoke oxen |
$116.00 |
L. K. Dougherty |
|
1 yoke oxen |
$50.00 |
B. J. Gatten |
|
1 horse colt |
$47.00 |
Joseph Cassidy |
|
1 bay mare |
$64.00 |
William Lynch |
|
1 milch cow |
$40.00 |
George Martin |
|
5 1st
choice hogs |
$16.00 |
Arch Daugherty |
|
5 2nd
choice hogs |
$15.75 |
Arch Daugherty |
|
5 3rd
choice hogs |
$15.00 |
Arch Daugherty |
|
1st sow |
$6.50 |
Lee Charles |
|
2nd chester |
$16.00 |
B. J. Gatten |
|
9 pigs |
$6.25 |
Lee Charles |
|
3rd sow |
$7.25 |
Lee Charles |
|
scythe and cradle |
$1.35 |
Charles Williams |
|
|
|
|
|
|
|
|
|
Item |
Price |
Purchaser |
|
4th sow |
$9.25 |
Lee Charles |
|
1 weeding hoe |
$0.35 |
F. Litewell |
|
1 weeding hoe |
$0.40 |
Arch Daugherty |
|
15 saw logs |
$46.33 |
Lee Charles |
|
11 oak logs |
$2.50 |
Joseph Wilson |
|
1 lot of logs |
$103.30 |
B. A. Lynch |
|
Curry combs and brush |
$0.45 |
John Dorcet |
|
|
|
|
|
|
|
|
The sale netted $850.84 for the Estate. For James to have accumulated as much as he had at such a young age helps to understand his level of indebtedness, which becomes the focus of Probate Court in the entries listed below.
2. Martin
Co. IN, Orders in Probate Court, Vol. 3, 1867-1874,
1.
April
Term 1871, page 284 – The Court recorded that William B. Cornwell had appeared
with the proper letters of Administration and the proper size bond and
confirmed his appointment as Administrator in this case.
2.
July
Term 1872, page 399 – The Administrator came and reported that he was in
possession of assets of the Estate amounting to $962.19 and in possession of
eleven vouchers totaling $229.50. This left him with a balance of $432.69. The
Administrator noted that the balance principally consisted of judgments in
process of collection. The Court reviewed and approved his report and continued
the case until the subsequent Term.
3.
January
1874 Term, page 563 – Administrator Cornwell appeared before the Court and
filed his accounts. He had on hand assets totaling $740.02 and outstanding
vouchers to pay amounting to $388.10, leaving him with a balance of $354.92 in
his hands. The Court examined his report and vouchers and found everything to
be in order. The report was approved, and the case continued until the next
Term.
4.
Page
398 is also listed in the index, but there is no entry on that page for James.
Searching between 284 and 399 revealed nothing.
3. Martin
Co. IN, Orders in Probate Court, Vol. B, 1874-1879.
5.
March
Term 1875, page 64 – The Administrator came with affidavits and made a case
before the Court that there was a probable deficiency of assets for the payment
of debts and that the Estate was insolvent. The Administrator was ordered to
settle the Estate accordingly.
6. April Term 1877, page 255 – The Court used more pointed language than usual but worse handwriting. Thus, while certain words are not legible, the bottom line seems to be that the Court believed that assets may have been taken improperly. Cornwell was directed to report what steps he had taken to recover them. Cornwell was also ordered to compose a schedule of debts and show the amount due on each. The matter was continued until the next Term
7. July Term 1877, pages 266 and 267 – At this appearance, Cornwell presented his report. However, the Court, ‘having heard and examined’ the report, refused to accept it. The Court examined the recent Estate Sale, accounts and vouchers and found that the Administrator was chargeable on account of assets of said Estate and interest as follows:
|
Amount of inventory
on file |
$787.02 |
|
Profit on sale of
personal |
$145.97 |
|
Accounts collected
and not inventoried as shown in a/c No. 1 |
$29.20 |
|
Accounts collected
and not inventoried as shown in last a/c |
$87.00 |
|
Interest accrued on
claims |
$254.81 |
|
Total |
$1304.00 |
That
said, the Administrator is entitled to credit as follows:
|
Amount of credits by
account No. 1 |
|
$228.50 |
|
Amount of credits by
account No. 2 |
|
$338.10 |
|
Amount of following
vouchers in account now filed to wit: |
|
|
|
Voucher
No. 1, J. C. Wilson |
$7.50 |
|
|
Voucher
No. 2, A. A. Reed |
$3.50 |
|
|
Voucher
No. 3, David Garry |
$10.10 |
|
|
Voucher
No. 4, H. A. Peel |
$10.00 |
|
|
Voucher
No. 7, H. A. Peel |
$20.00 |
|
|
Voucher
No. 9, H. A. Peel |
$7.50 |
|
|
Voucher
Total |
|
$61.10 |
|
Interest on payments |
|
$150.30 |
|
Total |
|
$778.00 |
|
Amount allowed by
Court to Administrator for services |
|
$133.00 |
|
Claim vs Wm and
Granville Lynch shown to be desperate |
|
$20.00 |
|
Total |
|
$931.00 |
|
Leaving in the hands
of the Administrator, applicable to the payment of the general debts due from
said decedent, the sum of: |
|
$373.00 |
|
Lingle Brothers |
$36.20 |
William B. Grigsby |
$28.40 |
|
Lingle Brothers |
$13.00 |
T. C. Grigsby |
$15.50 |
|
Anna Southern |
$63.75 |
J. W. P?? |
$12.07 |
|
John B. Buskirk & Samuel A. Davis |
$15.02 |
John Cutsinger |
$29.50 |
|
John A. Ritter & T. P. Carter |
$6.00 |
James Ball |
$205.23 |
|
John A. Ritter & T. P. Carter |
$37.93 |
Azor Wilson |
$279.50 |
|
John A. Ritter & T. P. Carter |
$218.00 |
Sam Renneker |
$9.00 |
|
Henry Henson |
$11.15 |
Sam T. Emmons |
$13.50 |
|
Seth Charles |
$24.40 |
George W, Campbell |
$56.52 |
|
William B. Grigsby |
$12.48 |
B. J. Gatton |
$73.95 |
|
|
|
Total |
$1151.09 |
The Court then directed
the Administrator to distribute to the creditors pro rata the $373.00 and
report back to the Court, under oath, with proper vouchers at the next term.
Having so done; the Court continued the case until the next Term.
5. November Term 1878 (6th
day), page 433 – As Cornwell did not return to the Court as directed, a
citation was to be issued calling for his appearance and report,
6. November Term (10th
day), pages 447 and 448 (note: page 448 was filmed several times to capture
certain receipts that had been inserted in the Order Book) – The citation had
an almost immediate effect, causing the Administrator to come to Court that
same Term, and file his final report which had been written in July 1878 but
not filed. He had on hand $373.00, plus $34.00 in interest. This raised the
assets to $407.00. Against that, he had 11 vouchers for payment as follows:
1. B. J. Galton - $29.24
2. Seth Charles – 6.10
3. James W. Prow - $3.25
4. G. M. Campbell - $14.15
5. W. B. Gigsby - $10.22
6. James Ball - $65.00
7. Henry A. Peel, final
report - $5.00
8. David Gary Costs - $2.53
9. David Gary Costs - $2.00
10. Services as
Administrator - $15.00
11. Azor Wilson’s Estate -
$90.00
The total of the
vouchers was $242.49. When paid, this left $164.51 for the James L. Wilson
Estate. The Administrator asked to be able to pay that amount to the Court and
to be discharged. The Court then ordered the money to be distributed to
creditors as follows (Note: some names were blocked by Court receipts):
1.
Lingle
Brothers - $15.50
2.
Anna
Southern - $20.80
3.
John
B. Buskirk and Samuel A, Davis - $5.00
4.
John
A. Ritter and T. P. Carter - $15.00
5.
John
A. Ritter - $70.00
6.
Henry
T. Henson - $3.20
7.
Wm
A. Ritter and T. C. Ritter - $5.00
8.
????
and James Renneker - $3.25
9.
????
T. Emmons - $4.50
10. Seth Charles - $3.57
11. W. B. Grigsby - $4.68
12. James W. Prow - $1.45
13. ???? Cutsinger assigned
to B. J. Gattin - $8.06
14. George W. Campbell -
$4.55
The total distributed
was $164.51. With that, the Administrator was discharged from further service.
·
Azor
Wilson, 36, born IN, $1200 real estate
·
Emile,
26, born IN, cannot read or write
·
James
L., 7, born IN
·
Harriet,
5, born IN
·
George
Davis, 16, born IN, laborer
·
Joseph
Wilson, 1, born IN
·
Azor
Wilson, age 45, miller, born IN, real property $7,000, personal property
$1,000. Azor is listed as literate.
·
Mary
Wilson, age 33, born IN
·
James
L., age 16, farmer, born IN, in school
·
Harriet
E., age 14, born IN, in school
·
Joseph
C., age 10, born IN, in school
·
Sarah
A. Morgan, age 9, born IN, in school
·
Albert
Wilson, age 8, born IN, in school
·
Joseph
C. Wilson, age 20, born IN, farmer, $500 real estate, $200 personal estate
·
Isabella,
age 22, born IN, keeping house
·
James
A., age 1, born IN
6. 1870 census, Orange Co., IN, page 13, French
Lick township
·
Azor
Wilson, age 55, born IN, farmer, $7,000 real estate, $1,000 personal
·
Caroline,
age 33, born IN, keeping house
·
Missy
I., age 12, born IN, at home, in school
·
Elzora
A. (f), age 8, born IN, in school, cannot read or write
·
Lyora
E. (f), age 4, born IN
·
John
W., age 2, born IN
· Samuel, age 8 months, born IN
8. No
connection can be made as of yet; however, there was a James Wilson living in
Orange Co. in the 1835 list of pensioners (usually this was Rev War). Since it
would appear that the oldest son of Azor and Emile was named James, it is at
least interesting speculation that the elder James could be the father of Azor.
9. It
is interesting to note that there are two Wilson family cemeteries in Orange
Co. The first is in the Orangeville Township, Section 4 T2N R1W, 1 mile north
of Wesley Chapel, Indiana State Library call numbers G 977.201 O63d v.3 and
General 977.201 O63o. The second is listed as Southeast Township TWP SEC 32
T1SR2E.
Work List
- Check 1880 census records for Caroline
- May want to see what years Orange Co. had
death records.
- Orange Co. wills.
- Real estate records for Orange and Martin
Counties, Azor had quite a bit.