John Brittain Probate

On my recent trip to the Missouri State Archives in Jefferson City, I found an entry in the probate index for John Brittain.

Brittian, John 007135 Dec'd YR1843 00001308 0A14A/A347 *D8 A-11,B/9 112

The year is correct so I was sure this was who I was looking for.  The Probate Case File number is 1308.  I checked the Green County book of microfilm for that number and found it in film number C7894.  I downloaded the images to my flash drive and uploaded them to my laptop when I returned home.

The case is that of the Guardianship of John William Brittain, minor, son of the late Ophelia Brittain.

The date on this document is August 1928!

Not what I expected to find so obviously the index has an error in it.  

 The guardian is James Peck who has moved to Tulsa County, Oklahoma.  The judge is threatening to revoke the guardianship since Mr. Peck is no longer living in Missouri and has not filed an annual settlement.

I did a quick search on FamilySearch and found this family in the 1920 census.  John W. Brittain is 9 years old so this would indicate that Ophelia died shortly after?  The first entry in the probate case file states that John William Brittain is less than 14 years old which would make it 1924.  The guardianship is dated Aug 1928.  And the final settlement is 1929.  I didn't download all of the receipts in this file.
Here is the entry for the 1920 census:

Name: Ophelia Brittain
Titles and Terms: Event Type: Census
Event Year: 1920
Event Place: Springfield Ward 4, Greene, Missouri, United States
District: 35
Gender: Female
Age: 50
Marital Status: Married
Race: White
Race (Original): White
Can Read: Yes
Can Write: Yes
Relationship to Head of Household: Wife
Relationship to Head of Household (Original): Wife
Own or Rent: Birth Year (Estimated): 1870
Birthplace: Missouri
Immigration Year: Father's Birthplace: Missouri
Mother's Birthplace: Tennessee
Sheet Number and Letter: 5A
Household ID: 121
Line Number: 49
Affiliate Name: The U.S. National Archives and Records Administration (NARA)
Affiliate Publication Number: T625
GS Film number: 1820915
Digital Folder Number: 004312402
Image Number: 00647

Household         Role             Gender Age Birthplace
William J Brittain Head         M 56 Missouri
Ophelia Brittain         Wife                 F 50 Missouri
Hugh F Brittain         Son                 M 19 Missouri
Anna Brittian         Daughter         F 15 Missouri
Bessie Brittian         Daughter         F 12 Missouri
John W Brittian         Son                 M 9 Missouri


Citing this Record:
"United States Census, 1920," index and images, <i>FamilySearch</i> (https://familysearch.org/pal:/MM9.1.1/M842-6Q5 : accessed 30 Aug 2014), Ophelia Brittain in household of William J Brittain, Springfield Ward 4, Greene, Missouri, United States; citing sheet 5A, family 121, NARA microfilm publication T625, FHL microfilm 1820915.

Neither Ophelia nor William are in the 1930 census. In 1940, John W is using the name William and is married and living in Springfield, Greene County, MO.  He is also listed in the SSDI.


The photo below was posted on FindAGrave in 2005.

Name: John W Brittain
Name (Original): BRITTAIN JOHN W
Event Type: Military Service
Event Date: 28 Apr 1945
Term of Enlistment: Enlistment for the duration of the War or other emergency, plus six months, subject to the discretion of the President or otherwise according to law
Event Place: Ft Leavenworth, Kansas, United States
Residence Place: Race: White
Citizenship Status: citizen
Birth Year: 1910
Birthplace: MISSOURI
Education Level: 2 years of high school
Civilian Occupation: Skilled painters, construction and maintenance
Marital Status: Married
Military Rank: Private
Army Branch: No branch assignment
Army Component: Selectees (Enlisted Men)
Source Reference: Civil Life
Serial Number: 37768644
Affiliate Publication Title: Electronic Army Serial Number Merged File, ca. 1938-1946
Affiliate ARC Identifier: 1263923
Box Film Number: 12616.27


Citing this Record:
"United States World War II Army Enlistment Records, 1938-1946," index, <i>FamilySearch</i> (https://familysearch.org/pal:/MM9.1.1/KMFR-D7S : accessed 30 Aug 2014), John W Brittain, enlisted 28 Apr 1945, Ft Leavenworth, Kansas, United States; citing "Electronic Army Serial Number Merged File, ca. 1938-1946," database, <i>The National Archives: Access to Archival Databases (AAD)</i> (http://aad.archives.gov : National Archives and Records Administration, 2002).

I am guessing there is a connection between the two John Britains.

I received a copy of a page with the heading "Greene County, Missouri Probate Records: Wills, Minutes, Bonds, Letters of Administration 1833-1871 compiled by Marsha Hoffman Rising." The information on this typed page states it is transcribed from Minute Book A 1843-1848.  John Britain had five sons who were bound out following his death: George W., Lafayette, Thomas J., James M. and Hugh.  Royal Hazelton was appointed administrator of the estate.   All of the sons were bound out until the age of 21.  George W to Royal Hazelton, Lafayette to Thomas Hazelton, Thomas J. and James M. to Henry Small, and Hugh to Isaac Redfearn.  Hugh was ordered to be bound to Thomas Hazelton five months later and in 1846 Thomas J. was released from his bond to Royal Hazelton.

I don't know of a connection between these families other than the men being of good esteem in Greene county.  I need to figure out why a 1928 Guardianship is in an 1843 Probate Case file.

This is one mystery that needs to be solved!

Probating Royal Hazelton

A couple of weeks ago I searched through microfilmed images of the entries for the probate court of Greene County, Missouri Volume D, film #C2543.  I found entries for Royal Hazelton on pages 127, 147, 177, 208-209, 220, 241, 340, 371-372, and 379.

The top of page 127 states "September Term Probate Court Sept. 1, 1851."  The entry for Royal is found at the bottom of the page. "This day exhibited was the bond of Thomas and Royal H. Hazelton Administrators with the will amended of Royal Hazelton dec'd and it is order that the same be appended and recorded. Now at this day comes Royal H. Hazelton one of the administrators of the estate of Royal Hazelton decd and files herein his inventory of said estate which is approved by the court and it is ordered that the administrators of said estate be charged with the sum of nine hundred thirty five dollars and eight and one half cents."

Page 147 - March Term of Probate Court March 4, 1852 second paragraph," $184.37½ Which amount is ordered to plaud to his credit  Ordered that Thos and Royal Hazelton administrators of the estate of Royal Hazelton deceased repare the farm of said deceased and report the cost thereof to this court."

The story is that Royal, along with Thomas, left Missouri in 1849/50 to go to the gold fields in California.  Apparently the farm was in ill repair since no one had taken care of it in his absence. 

Page 177, June Term Probate Court June 12th 1852 is indexed as having an entry, but I couldn't see it on the page.  Can you?

Page 208, December Term of Probate Court Dec 7th 1852, bottom half of the page "Ordered by the court that Thos Hazelton er of the estate of Royal Hazelton deceased sell the remaining personal estate of said deceased wither at public or private sale as may seem best." "Ordered that said exc rent the farm of said Royal Hazelton for the year 1852 for grain rent." "This day comes Thos Hazelton executor of the estate of Royal Hazelton and makes his settlement as follows: 

By Jas Arnolds fees $ 248 - By Tax for 1851 410 - By Newtin Recept 1312½  - By John Woods Do 525 - By William Clibourne Do  1625  - By Wm Victor 250 - By Tax 1852 300."

Page 209, "By Thomas Dodds Allowance $19.25 Amount $96.45" "Ordered that he be credited with the sum of ninety six dollars and 45 cents." "Ordered by the court that Thos Hazelton executor of the estate of Royal Hazelton deceased loan out the money of said estate on a credit of twelve months that may be in his hands with good and sufficient security."

Page 220, "Saturday, December 11th 1852 Probate" "Ordered by the court that the inventory of the personal of Royal Hazelton deceased be approved and filed as the law directs."

Page 241,"March 7th 1853 Term of Probate Court" 

"M L Brittain vs. Estate of Royal Hazelton - Now at this day comes the Plaintiff and files his apt $15 and notice being legally served on the executor Thos Hazelton of said estate and the parties appearing and the testimony being heard and all and singular the premises fully understood it is ordered by the court that the Plaintiff have and receive of and from said estate the sum of Eleven dollars and 75 cents in the 6 class."  From: 

"Biographical Sketch of George W. Britain, Greene County, Missouri, Pond Creek TownshipFrom "History of Greene County, Missouri," St. Louis: Western Historical Company, 1883.     ***************************************************************************    This Gentleman is the son of John (W.) and Catherine (Hensley) Britain, and was born in McMinn County, Tenn., June 20, 1827. His parents were natives of that State, His father was a soldier of the War of 1812, and his grandfather was a soldier in the Revolutionary War. In 1836 his parents moved to Greene County, Mo., where his mother died in 1837, and in 1838 his father moved to Bates County, Mo. In 1840 his father died while on a trip back to this county, so George was left an orphan at the age of thirteen years. The children were brought back to this township, and George was bound out to Royal Hazelton, then of Brookline township. "

I don't know the connection of George W to M L cited in the probate record below. 

In the book "Rhea and Van Natta Families and Their Ancestors," the author wrote that Thomas Hazelton was given guardianship of the three Brittain boys. I need to do more research at the archives and find the court documents on this case.  I don't know what "6 class" means in the probate court entry above. Searches on Google led me to other transcriptions but I could not find a definition.

Page 340 "December Term of Probate Court Dec 12 1853" "Ordered by the court that Thos Hazelton one of the executors of the estate of Royal Hazelton deceased be permitted to sell the rent corn and the estate wither at public  or private sale which ever seems best." "Ordered by the court that Thos Hazelton executor of the estate of Royal Hazelton deceased rent the farm of said estate for the year 1854 at private sale." "Ordered by the court that Thos Hazelton executor of the estate of Royal Hazelton deceased be charged with the amount of one hundred seventy seven dollars and 70 cents the amount of rents for the year 1852. "177.70"

Page 371-372, "March Term of Probate Court March 8th 1854" "Now comes this day Thos Hazelton one of the executors for the estate of Royal Hazelton deceased and shows to the court that he has administered as the law directs that he wood apply at this term of the probate court for a final settlement of his administrator in said estate and it appearing to the court that said estate has been fully administered on therefor it is ordered by the court that said executor be permitted to make his final settlement as follows:

By widows recapt $25 00 - By Peter L Anderson Receipt  2.75 - By John Woods receipt 2.00 - By Peter L. Anderson Do 8.00 - By H. Fulbright Sheriff fee 1.00 - By H. Graves receipt 2.50 - By L. M. Brittain allowance 11.75 - By Jno Dollison court fees 2.40 - By Exrs apt for labor done on farm 21.91 - By Exrs protem 66.92 - By court fees to date $1.15"

"It is ordered that he be credited with the amount of one hundred ninety five dollars and 38 cents and that he pay over to the widow of said deceased one thousand and forty six dollars and 62 cents the amount found due against him on his final settlement."

Page 371

 

Page 372

Page 379, "March Term of Probate Court March 11th 1854" "Ordered by the court that Thos Hazelton executor of the estate of Royal Hazelton deceased be credited with the sum of One Thousand Forty Six dollars and 62 cents." Another sentence at the bottom of the page is illegible. 

Royal's widow, Mahetable Hazelton, moved to Iowa with Thomas and was granted a land patent, #96651 for 40 acres, as Royal's widow on the 1st of June in 1855.  The patent was for Royal's service as a corporal in Captain Meengers Company New York Militia in the War of 1812. I still have many more questions left to be answered.  Check back, I love the hunt! 

Alpheus Hazelton Intestate

I visited the Missouri State Archives twice in the past two weeks looking for a will for Alpheus Hazelton, my paternal 3rd great grandfather.  He was born in Indiana in 1824 and died near Republic, Greene County, Missouri. His father-in-law, William R. Rose, was appointed administrator by the court and Meredith and Richard Rose were appointed as surety on 27 February 1858.  Alpheus married Milbury Rose daughter of William and Elizabeth (Johns) Rose about 1844.  There seems be some confusion as to when Alpheus actually died. His youngest child, Nancy Mehitable Hazelton was born in 1857.  A memorial on Find-a-grave states that Alpheus died in Sept. 1856. A photo request has been submitted and I am still waiting on some kind soul to complete the request. I don't have a complete birthdate for Nancy.  Her tombstone shows only the years 1857-1903.

I don't have a death notice for Alpheus, so this is on my to-do list.  I have the probate case file showing how his estate was settled.

Here is the court entry for appointing the Roses to dispose of Alpheus' estate:

This is the first page of his entry in Will Book A, microfilm # C2555 at the Missouri State Archives.

Will Book A, next page top close up.

Close up of the bottom half of the page

From the probate case file #4086 

The probate case file, #4086, contained a bill dated September 3, 1856 from Dr. P. K. Miller who treated Alpheus and his children. Milbery received $200 from the estate April 6, 1859. Some have speculated that the date on the doctor bill was when Alpheus actually died.

Dr. Miller's bill

Milbury's receipt for $200

A close look at the date on the receipt shows it is 1859 and not 1857 as previously thought.  This is recorded in the book, "Rhea and Van Natta Families and Their Ancestors," by Lois Hupfer as 1857.  Since the probate wasn't filed until 1858, it is not possible for Milbury to have received any money from his estate prior to that year.

The Missouri Historical Society in Columbia, Missouri has the newspapers on microfilm.  A visit to do research is on my list. I need to find a death notice for Alpheus.  I believe he died unexpectedly, either due to illness or injury.

More questions than answers in this probate case!