Oregon probate transcriptions, 1852–1857

1852

18520000 V. No. (12) *Not in Oregon Probate

Estate of D. Carson, dec. To Asahel Bush etc To advertisement of said estate $5.00

18521125_Administrator_Smith-1

Territory of Oregon County of Benton SS Personally appeared Greenberry Smith of said county applicant for Letters of Administration on the Estate of David Carson deceased late of Benton Co O.T. who being duly sworn says that to the best of his knowledge and belief the names and Residences of the Heirs of the said David Carson are as follows to wit: John Carson, Andrew Carson, Mathew Carson and Mrs Jane Blevens, Residents of Ash County North Carolina, James Carson of Carrol County Virginia, Mrs Elisabeth Carson of Platt County Missouri and her heirs to wit: Mrs Margaret Robinson and Robert Carson of Platt Co Mo: and the heirs of Mrs Elisabeth Prior of said Platt Co Mo, and Andrew Carson of Benton Co Oregon Territory, and further says that the said deceased died without a will, and that he will make a perfect Inventory of and faithfully administer all the Estate of the deceased, and pay the debts as far as the assets will extend, and the law direct, and account for, and pay all assets which shall come to his possession or knowledge.

Sworn to and subscribed Before me this 25th Greenbury Smith Day of Nov AD 1852 A.G. Hovey Clerk Probate Court

18521125_Administrator_Smith-2

Know all men by these present that we Greenbury Smith, John Wiles and Joseph Hughart of the County of Benton Oregon Territory are held and firmly bound unto the Territory of Oregon in the sum of Four thousand dollars good and lawful money of the United States of America to be paid to the Probate Court of the County and Territory aforesaid, or it attorney: To which payment well and truly to be made, we do bind ourselves, our heirs, executors, administrators, and every of them firmly by these presents.

The conditions of this Bond is that if the said Greenberry Smith, administrator of the Estate of David Carson deceased late of Benton Co. O.T. shall faithfully administer said estate, account for, pay and deliver all money and property of said estate and perform all other things touching said administration required by law or order or decree of any court having jurisdiction, then the above bond to be void otherwise to be and remain in full force.

In testimony whereof we have hereunto set our hands and Seals this 25th day of November A.D. 1852 Greenbury Smith {Seal} John Wiles {Seal} Joseph Hughart {Seal}

18521204_Estate_Inventory

December the 4th 1852 Inventory of the Estate David Carson, One wagon two yoke oxens one horse fourty head of hoges one plow one iron barrow three hog chains one hoe one spade one shovel one old axe on two yir old steer two yirling steers eight of last Springes calves thirteen12 cows one bull four two yirs old heifers one shotgun hous hould furniture therein two hundred sixteen dollars eighty nine cents Ates John Wiles Ates Andrew Carson

Territory of Oregon County of Benton SS

Personally appeared Greenbury Smith administrator of the Estate of David Carson deceased, who being duly sworn says that as far as he can ascertain the above list of property is a full inventory and description of the property of said Estate both real and personal, and that he was not indebted or bound in any contract to the deceased at the time of his death. Sworn to and subscribed Before me this 7th day of Green B Smith Dec AD 1852

18521207_Appraiser_Statements

Territory of Oregon County of Benton SS Personally appeared Jacob Modie, Joseph Hughart and D D Davis of said County who being duly sworn say that they are in no way interested in the estate of David Carson deceased late of said County or of kin to any Person interested in the same and that they will to the best of their ability view and appraise the personal estate to the produced Sworn to and subscribed Jacob Modie th Before me this 7 day Joseph Hughart Of Dec 1852 David D. Davis A.G. Hovey Clk Probate Court

18521207_Estate_Appraisal-1

Appraisement of the stock, agricultural implements and household furniture belonging to the estate of David Carson, deceased

1 brindel steer $ 45.-1 3 year old red steer 50.-1 yoke white oxen 80.-1 “ oxen 100.-3 yearling heifers $15.—each 45.-5 steer calves 12.— “ 60.-1 red bull 30.-2 yearling steers 15.— “ 30.-3 2 year old steers 30.— “ 90.--

4 2 “ “ heifers 35.— “ 140.-12 cows & 2 calves 45.— “ 540.-26 hogs 3.— “ 78.-1 4 year old horse 45.-1 wagon 35.-3 log chains 2.— “ 6.-1 Gun 15.-7 pieces pot metal 10.-1 lot cupboard ware 15.-2 trunks & bedding & books 20.-1 clock 6.-1 whatch 5.-1 spade 1.50 Forwarded $1446.50

18521207_Estate_Appraisal-2

Brot forward $1446.50 ½ doz chains 4.00 Tools & benchscrew 6.-4 furkins 1 cask & Bucket 6.-$1462.50

Jacob Modie Apprasers [sic] David D. Davis

Omitted to appraise and added according to the bill of sale the following articles The calf taken at fifteen dollars when found by the administrator

1 Shovel $ 2.00 1 harrow 18.00 1 plow 22.50 1 calf 15.-½ in a patatoe patch 17.-1 Thermometer 1.80 $ 76.30 Amount of Appraisement 1462.50 $1538.80

Filed Jan 12/52 [sic] A.G. Hovey Clerk

1853

18530000_Receipt_Bush V. No. (8)

Rec’d of Greenbury Smith Esq administrator of the estate of David Carson, deceased, five dollars for three insertions of notice of administration on said estate, in the Oregon Statesman. Asahel Bush

18530104_Estate_Sale-1

Bill of sale of the estate of David Carson $1818.81

Sale Bill Filed Jan 20th 1853 A.G. Hovey Clerk

D. Davis ½ in a patch of potatoes $ 17.— 1 furkin .50 1 churn .25 1 small furkin .50 1 lot of carpenters tools 4.— 1 bucket 1.— 1 milkstrainer .25 1 clock 5.-1 yoke white oxen 92.-1 red cow 57.-5 hogs 18.-5 hogs 13.-5 hogs 10.-5 hogs 5.-$223.50

D. Carson 1 bucket 0.50 1 iron pot & lid 2.50 2 large dishes 1.25 1 copper kettle 1.25

4 plates --.60 4 small pans 1.50 5 cups & saucers 1.-1 trunk 1.50 1 lots shirts & drawers 1.50 11.60 J. Moody 1 furkin --.75 1 sif(?) & ½ doz. tumblers 1.40 1 tin pan --.40 2.55 L. Carson 1 tub 1.00 1 large iron pot 1.25 1 scilet(?) & lid 2.-½ doz plates 1.12 1 bed & bedding 10.-1 roan cow 53.50 1 brindle cow & calf 36.00 104.87 J. Wheeler 1 cask 1.-1 pitcher 1.-1 bible 1.50 1 Gun 12.-1 plow 23.50 1 log chain 4.75 42.75 M. Hodges 1 Iron pot and lid 2.50 1 summer vest --.25 1 hat 3.00 5.75 J. Hughert 1 iron pan .50 1 spade 1.55 1 horse 62.-64.05

forwarded $455.07

18530104_Estate_Sale-2

Amt brot forward $455.07 S. Collins 1 iron pan $ .60 1 cow & heifer calf 80.-80.60

T. Reed 1 pitcher .50 1 dish knives & forks --.75 1 trunk 1.25 1 coat 3.-6 chairs 5.-1 red yearling steer 39.-1 red & white yearl. steer 36.-1 red 2 year old steer 52.-2 steer calves 31.-3 steer calves 54.-1 red 2 year old heifer 45.-267.50

G. Roberts 1 pitcher --.25 1 bowl & pitcher --.60 --.85 F. McDonald 2 books --.50 1 vest --.75 1 thermometer 1.80 3.05 A. Rightsman 2 log chains 4.87 J.M. Horn 1 black yearl. heifer 44.-1 red “ “ 50.-1 red cow 53.-1 red & white cow 58.-205.50

E.P. Revfort 1 spotted yearling heifer 50.-M. Last 1 spotted “ “ 45.-1 red cow 53.-1 black cow 53.-151.00

J. Smith 3 heifer calves 86.-H. Chamberlain 2 yearling steers 41.-S. Taylor 1 red cow 70.-1 red cow 50.--

120.-A. Hodges 1 red bull 30.75 W. Fulton 1 harrow 18 J. Williams 1 wagon 41 A. Carson 1 whatch 7 Mr. Toppin 1 shovel 2__ forwarded $1564.19

18530104_Estate_Sale-3

Amt brot forward $1564.19 G. Smith 1 velvet vest $ 1.12 1 coat 3.-1 yoke of oxen 96.-1 steer 63.-1 black yearling steer 30.-1 cow 42.-1 sow & 3 pigs 4.50 1 heifer calf 15.-254.65

$1818.81

The heifer calf was not found and if not found will cause a reduction of 15 dollars to the Administrator. January 4th 1853 G. B. Smith, Adm’r

Territory of Oregon County of Benton

Personally appeared J.Q. C vandenBosch Clerk of Public Sale of the Property of the Estate David Carson deceased who being duly sworn says that he is in no way interested nor of kin to any heir or devisee of said Estate, and that the above List is a true account of the Sales made by said Administrator at the date above written. Sworn and subscribed to Before me this 20th day of J. Q. C. vandenBosch Jan A.D. 1853

A.G. Hovey Clerk Probate Court

18530104_Hughart_Appraiser_Bill

Territory of Oregon County of Benton Estate of D. Carson to Joseph Hughart ? for one day as appraser [sic] January the 4th 1853 $2.00 Green B Smith

Territory of Oregon County of Benton Estate of D. Carson to Joseph Hughart ? for repares [sic] on one watch $3.00

June 1852 Green B. Smith

18530104_Modie_Appraiser_Bill *Not on-line

Territory of Oregon County of Benton Estate of D. Carson to Jacob Modie ? for one day as appraser [sic] $2.00 January the 4th 1853 Green B Smith

18530110 Doctor_Billing_V. No. (24)

Albany Jan 10th 1853 The Estate of David Carson To S.A. Smith Dr Sept 20th & 21st 1852 to medicines, attendance &c $25.00 nd “ 22 “ “ “ “ 25.00 Due This Sum…………………………………………………………. 50.00 S.A. Smith Sworn to & subscribed Before me at my office in Albany this 10th day of January 1853. James P. Miller clerk

Of the District court of the U.S. in & for Linn Co. O.T.

Deducted on the above Bill $10.00 Recd forty dollars in full of all demands against said Estate. S.A. Smith

18530220_Private_Sale_Smith

Property of the Estate of David Carson deceased sold by the Administrator at Private Sale February 20th 1853 the same not being found on the day Public sale to wit: 1 Calf $15.00 4 Head of Hogs at 3. Per head 12.00

Green B. Smith administrator

18530304_Billing_D_Carson V. No. (11) *Expense deleted

David Carson Decd &c March 4th 1853. To David Carson To 4 months labour @ $50 per month $200.00 Credit by cash 6.00 $194.00

18530404_Billing_AJ_Carson V. No. (15)

Andrew Carson to 3 days labor man and horse…………………… $12.00 Do to 2 days for labor……………………………...... 06.00 April the 4th 1853 Clerk

18530408_Reeceipt_D_Carson V. No. (17) *Expense deleted

David Carson to services on the Estate of David Carson Deceased March ?th 1853 April 8th 1853 To 12 days service man and horse $48.00

18530500_Land_Survey_Hathorn

Estate of David Carson Decd Land Claim Beginning at a point 4.53 chs West and 1.20 chs South of the ¼ Section post on the North boundary of Section 25 T 10 S, R 5 W Thence North 40.03 chs “ N 80ᵒ 45’ W 67.50 chs “ S 47ᵒ 45’ W 20.00 chs “ S 14ᵒ W 23.60 chs “ S 80ᵒ 45’ E 88.50 chs To place of beginning containing 320 Acers more or less

18530500_Survey_Receipt_Hathorn

$18.84 Corvallis May 1853

Recd of G.B. Smith eighteen & 84/100 dollars for survey of Carson claim

D. Hathorn Dep Surveyor

18530508_Receipt_AJ_Carson_V. No. (15)

Received Eighteen dolars [sic] of Green B. Smith as admr of the Estate of David Carson deceased due debts ?? and demandes [sic] up to this Date this the 8th of May 1853. A J Carson

18531002_Receipt_D_Carson_V. No. (10)

Received two hundred and forty two dollars it being in full of aul Debets and ?? and Demandes against the Estate of David Carson Deceased this the 2d Oct 1853 David Carson

18531114_Tax_Receipt_Smith_V. No. (6)

Received of G B Smith administrator of the estate of David Carson Deceased 45 cts it being the full amount of his tax for the year 1853. This Nov 14 1853. T J Right by A N Locke Sheriff of Benton County

18531215_Billing_D_Carson

Sail Bill of David Carson Sold to David Carson the 15th of December 1853 1 500 railes $2.00 pur hundred $10.00 2 500 railes $1.75 pur hundred $08.75 3 500 railes $1.75 pur hundred $08.75 4 500 railes $1.87 ½ pur hundred $09.37 ½ 5 1 hoge at the apraisement $03.00 Green B. Smith $39.89 ½

1854

18540227_Complaint_L_Carson-1 *Not in Oregon Probate/Appears in CvS

To Greenbury Smith Administrator of David Carson deceased Sir Take notice that I shall present to the Probate court of the county of Benton appointed to be held in & for said County at Corvallis on the second Monday of March next for allowance the damages which I have sustained in consequence of the non performance of the following ? contract made & entered into by & between the said David Carson during his life time and myself and also the annexed account, which said contract is in substance as follows, and said account is in the words and figures following to wit: Sometime in the months of May or june in the Year AD 1845 David Carson, deceased while on the road from the state of Missouri to the territory of Oregon and after he had passed the state line of said state of Missouri stipulated & agree to & with me that in consideration I would live with & work for the said David Carson for and during the term of his natural life that at his decease would make me his sole heir or that he would give me his entire property which he should own or be possessed of at the time of his said decease, that in

18540227_Complaint_L_Carson-2 *Not in Oregon Probate/Appears in CvS

pursuance of said contract I continued to live with & work for the said David until the time of his decease, but the said David not regarding his said contact neglected to make me heir to his entire property or to give me the same or any part thereof either by will or otherwise whereupon I have sustained great damage to wit five thousand dollars, which I shall ask for and insist that the same be allowed at said term of Court, Damages on contract To 7 years 6 months labor at $500.00 per year To 29 head of cattle at $500.00 per head To the use of 10 cows 7 years When & where you may attend if you think proper Given under my hand this 27th day of February AD 1854 Lutershia Carson Per A.J. Thayer Filed March the 18 AD 1854

18540228_Notice_Smith *Not in Oregon Probate/Appears in CvS

Notice Served on Greenbury Smith by reading and copy $7 Reading 1.00 Mileage 3.00 th Served Feb 28 1854

18540301_Subpoena_Andrew_Carson *Not in Oregon Probate

Territory of Oregon Benton County SS To Andrew Carson in the name of the United States of America you are here by required to appear before me Judge of Probate Court in said county at my office herein on the 13 day March 1854 at 10 of the clock AM of said day to testify in a suit wherein Lucretia Carson is plaintiff and Greenbury Smith administrator of the estate of David Carson deceased is defendent on the part of the defendent [sic] Giving [sic] under my hand this the first day of March 1854.

A.N. Locke Judge of Probate

18540300_Kelsay_Statement-1 *Not in Oregon Probate/Appears in CvS

Territory of Oregon Benton County Greenbury Smith Administrator of the In the District court of Benton County Estate of David Carson Oregon Territory Deceased March Term A.D. 1854 Ats Lutenshia Carson

And the said defendant by John Kelsay his attorney comes and refutes the damages and injury, when etc and says that the said declaration is not entitled of any court, neither does it appear by the said declaration in what court the action said action is brought, and also for that it doth not appear in and by the said declaration who the plaintiff is in said suit, and also for that it doth not appear in

and by said declaration that the several causes of action in said declaration mentioned arose in the said county of Benton, neither

18540300_Kelsay_Statement-2 *Not in Oregon Probate/Appears in CvS

doth it appear in and by said declaration that the said several causes of action in said declaration mentioned arose within the jurisdiction of said Probate Court, and also for that as there is no venue or place alleged in or by the second count in said declaration where the said Lutensha Carson done and performed the said seven years labour in the said second count mentioned in the said declaration mentioned, neither doth it appear in or by said second count by whom the said servaces seven years labour was performed. And also for that it doth not appear in or by the said second count at what time the said seven years labour was done either doth it appear by said second count when said labour was done nor by whom said labour was done, neither doth it appear in or by said second count

18540300_Kelsay_Statement-3 *Not in Oregon Probate/Appears in CvS

for whom said labour was done nor when the said defendant was deceased was indebted to the said Lutisha nor when said indebted ness accrued, nor when nor where the said administrator was indebted to the said Lutertia Lutersha Carson and for that the said last mentioned counts are uncertain and obscure – And also for that the third count in said declaration as there is no venue or place by the said third count in said declaration when the said deceased got the said twenty nine head of cattle in said count mentioned neither doth it appear in and by the said declaration count that the said cattle was ever the property of the said Lutersa Lutersha neither doth it appear in and by said third count at what time the said deceased got said twenty nine head of cattle or any part thereof from the said

18540300_Kelsay_Statement-4 *Not in Oregon Probate/Appears in CvS

Lutersha Carson, neither doth it appear from in and by the said third count that the said deceased was in debt to the said Lutersha for the said twenty nine head of cattle or any part thereof nor at what time neither doth it appear in and by the said third county that the said twenty nine head of cattle ever did belong to the said Lutersha Carson, neither doth it appear in or by the said third count at what time the said deceased ?? to the said Lutersha Carson for said cattle neither doth it appear in or by said third count at what time the said administrator as such was indebted to said Lutisha in the said neither doth it appear in or by said third count that the said administrator is indebted to the said Lutersha for the said twenty nine head of cattle or any part thereof – and for that

18540300_Kelsay_Statement-5 *Not in Oregon Probate/Appears in CvS

Neither doth if appear For that as there is no venue or place in or by the said third count wherein alleged when the said administrator was indebted to the said Lutensha Carson, neither doth it appear at wahot what time or by said administrator third count the said administrator as such was indebted to the said Lutensha, neither doth it appear in and by said third count that the said administrator as such is or was indebted to the said Lutensha—And for that the said Lutensha has laid no proper venue in the said third count and for the also that there was divers blanks and void spaces which make said third count the sense thereof uncertain and obscure And for that ? not appear the fourth count in the said declaration mentioned

18540300_Kelsay_Statement-6 *Does not appear in Documentation

and for that as there is no venue or place alleged in or by the fourth count in said declaration where the said deceased or the said administrator of the estate of said deceased was indebted to the said Lutersha Carson the said thousand dollars for the use of ten cows for seven years, neither doth it appear from the said fourth count that the deceased nor the said administrator of the estate of said deceased ever was indebted to the said Lutersha Carson any part of the said sum mentioned in the said mention fourth count, neither doth it ? for that the said Lutersha has not laid any proper venue neither doth it appear at what time the said deceased and the said administrator was indebted to the said Lutersha Carson -- And for that as the

18540300_Kelsay_Statement-7*Not in Oregon Probate/Appears in CvS

said Lutersha Carson has laid no proper venue in the said fourth count and is in other respects uncertain and obscure And this he is ready to verify, wherefore by reason of the insufficiency of the several counts in said declaration in this behalf of the said defendant prayes Judgement. Greenbury Smith Administrator of the estate of David Carson deceased by John Kelsay his Atty

18540301_Summons *Not in Oregon Probate/Appears in CvS

Territory of Oregon Benton County SS

To David Carson Francis Writsman Alfred Writsman Joseph Hugard John Wiley in the name of the United States of American you are here by required to appear before me Judge of the Probate Court at Corvallis in said county at my office therein on the 15 day of March 1854 at ten of the clock AM of said day to testify in a suit wherein Lucretia Carson is plaintiff and Greenbury Smith administrator of the estate of David is defendent on the part of the defendent. Giving under my hand this the first day of March 1854

A N Locke Judge of Probate

18540304_Summon_Knighton_and_Walker *Not in Oregon Probate/In CvS

Territory of Oregon Benton county SS To Henry M Knighton William H Walker

In the name of the United States of America You are hereby required to appear before me Judge of the Probate court for said county at my office in the town of Corvallis in said county on the second Monday of March inst at 10 oclock AM of said day to testify in a suit wherein Luticia Carson is plaintiff & Greenbury Smith administrator of the Estate of David Carson deceased defendant on the part of the plaintiff.

Given under my hand this 4th day of March AD 1854 A N Locke Judge of Probate

18540306_Subpoena_Bill *Not in Oregon Probate/Appears in CvS

Supponey for

David Carson Francis Writsman Alfred Writsman Joseph Hughart John Wiles

Received Mar. 1st 1854

Served David Carson and Joseph Huggart by Copy Mar. 6th 1.50 -----Alfred Writsman by reading Mar 6 1.50

Francis Writsman by reading Mar 6 .50

John Wiles by reading Mar 6 .50 Mileage ----------- 2.40

Wm Jackson Depty Shff Of Benton County

18540413_Billing_W_Jackson *Not in Oregon Probate/Appears in CvS

Henry W. Knighton Not found in County Mileage $1.00 Wm H. Walker not Found in county

W. Jackson Dpty Shff Mar. 4th 1854 Benton County

18540313_Statement_L_Carson-1 *Not in Oregon Probate

Oregon Territory Benton County SS Probate Court for said County Lutishia Carson March Term AD 1854 Vs Greenbury Smith Administor of the Estate of David Carson Deceased Andrew J. Thayer of said county being duly sworn deposes & says that he is atty for the plff in the above entitled action that he is informed by said plff that Henry W Knighton is a material witness for said plff on the trial of said action that deponent has in his possession two letters purporting to have been written by the said Knighton wherein the said Knighton states that sometime during the fore part of the year AD 1845 he the said Knighton sold a cow to David Carson deceased that the said David informed him the said Knighton that he was purchasing said cow for said plff & with her money, and deponent further says that his able to prove by William Walker the other witness now absent from said county that the 29 head of cattle originated from said cow and deponent furthers says that he is not able to prove said facts by any other witnesses, as deponin is informed deponent further says that said witnesses are material for said plff on said trial, deponent further says

18540313_Statement_L_Carson-2*Appears in CvS

not.

Subscribed & sworn A.J. Thayer To before me this 13th day of March AD 1853

Sworn before me Judge of Probate this 15 day of March 1854 A N Locke Judge of Probate

A J Thayer Affidavit

Filed March 13 1854 A N Locke Judge of Probate

18540508_Receipt_Avery

Received of J C Avery for the Estate of David Carson $11.36 this the 8th May 1854.

18540602_Receipt_Jackson *Not in Oregon Probate

Rec. of Greenbury Smith admin of the estate of David Carson decd. Forty eight dollars & 67 cents in full of all demands against said estate. June 2nd 1854 Wm Jackson J R Cardwell

18540926_Billing_Statement_Bush_V. No. (13)

Territory of Oregon County of Marion

Before me Chester N. Terry a Judge of the Probate Court in and for said county personally appeared Asahel Bush above named who made solemn oath that there is justly due on the above claim the sum of $5.00, that no payments have been made thereon, and that there are no offsets against the same to my knowledge. Signed Asahel Bush

Subscribed and sworn to before me this 26th day of September 1854. Chester N. Terry Judge of Probate

18541000_Receipt_Taylor_V. No. (3)

Received of Greenbury Smith $6:00 for bord and horse feed and login Oct turme of 1854 District Court.

E G Taylor

18541010_Receipt_Bush

Received October 10, 1854 of Green B. Smith, administrator of the Estate of David Carson deceased the sum of five dollars in full for advertising in matter of said Estate in Statesman newspaper.

A.Bush publisher R.L.F. Grove

18541012_ Billing_Logan_V. No. (4)

Corvallis Oct 12th 1854 Green B Smith admr of the Estate of David Carson deceased

To D Logan To services in suit of Lutitia Carson vs G B Smith admr of D Carson deceased in District court Benton County $75.00

Recd payment D. Logan

18541107_Receipt_Locke

Received of Greenbury Smith admr of the Estate of David Carson deceased ten dollars and forty five cts in full of my fees as Probate Judge this Nov 7 1854.

A N Locke Judge of Probate

18541107_Tax_Receipt_Smith

Territory of Oregon Received Nov 7 1854 of County of Benton Gr. B Smith Administrator

the sum of eleven dollars fifty eight cents and five mills being the full amount of his county territorial poll and school tax for 1854.

T J Right [sic] Collector

1855

18550531_Receipt_Hovey

Recd Benton County OT May 31st 1855 of Greenbury Smith administrator of the estate of David Carson deceased Seven Dollars and five cents being the full amount of Clerks fees in said Estate.

$7.05 A.G. Hovey Probate Clerk for said County

18550600_Modie_Appraiser_Receipt *18570300_Administrator_Expenses_6

June 1855 Received of Green B. Smith as administrator of the Estate of David Carson two dolars aul debetes billing and demandes against the Estate of David Carson.

Jacob Modie

18550605_Receipt_Locke_(1) V._No._(07)

Excepted [sic] by Green B Smith as administrator of estate David Carson This is to certify that I allow the within account for three dollars this June the 5 1855. A N Locke Judge of Probate

18550605_Receipt_Locke_(2)_V._No._(14)

Excepted [sic] by Green B. Smith as administrator of the estate of David Carson I except to this the account for five dollars this June the 5 1855. A.N. Locke Judge of Probate Filed June the 5 1855 A.N. Locke Judge of Probate

18550622_Receipt_Wright *Not in Oregon Probate

Recd of G B Smith administrator of the Estate David Carson disest the sum of five hundred twenty nine dollars & fifty cents on a Judgment in favor of Leuticia Carson against said Smith by Execution this 22 day of June 1855.

T J Right [Wright] Sheriff of Benton OT

1856

18560109_Citation_B_Smith *Not in Oregon Probate

Citation To G. Smith Admr of D. Carson decd Costs $2.90

The within Citation Served by reading to the defendant personally on the 9th day of January 1856.

S. Fargo Sheriff

Sherifs costs $2.40 By his Dept L. Abbott .50 2.90

18560229_Estate_Funds *Not in Oregon Probate

For the Estate of David Carson Deceased ? of Benton County Greenberry Smith was appointed Administrator the estate are in the following condition to wit The amount of money on hand at the time of his death $ 216.89 The amount of sale bill of personal property $1857.07 $2073.96 The amount of Debts and expense of administration and to Judgement obtained against the estate in favor of Lewticia Carson Colored Women that said Carson brought to this County as a slave amount to the sum of $1172.87 which leaves in the hands of the administrator $ 801.19 and the said Lewticia has entered in to another suit in the District court for part of the property which is to be tried at the Spring term of our District Court

and the said Carson estate holds a half Section of land which is worth about $5 per acre Giving [sic] under my hand this February the 29 AD 1856

A N Locke Judge of Probate Court

18560307_Receipt_Bush

Estate of David Carson to Asahel Bush ? for publishing notices in Statesman $5.00 Rec’d paym’t of GB Smith

March 7, 1856 Asahel Bush

18560600_Estate_Accounting *Fix 18570600_Administrator_Accounting in OP

A full a/c of the administration of the estate of David Carson decd rendered by G B Smith admr of the estate of David Carson at June Term 1856 of Probate Court for Benton Co O.T. Voucher (No 1) filed and allowed in AD 1852 $120.75 “ “ 2 “ “ “ “ “ 1853 103.00 “ “ 3 “ “ “ “ “ 1854 6.00 “ “ 4 “ “ “ “ “ “ 75.00 “ “ 5 “ “ “ “ “ “ 10.45 “ “ 6 “ “ “ “ “ “ .45 “ “ 7 “ “ “ “ “ 1855 2.00 “ “ 8 “ “ “ “ “ 1853 5.00 “ “ 9 “ “ “ “ “ 1853 19.00 341.65 “ “ 10 “ “ “ “ “ “ 242.00 “ “ 11 “ “ “ “ “ “ expenses 124.00deleted “ “ 12 “ “ “ “ “ 1852 5.00 “ “ 13 “ “ “ “ “ “ 5.00 “ “ 14 “ “ “ “ “ 1853 5.00 “ “ 15 “ “ “ “ “ 1853 18.00 “ “ 16 “ “ “ “ “ 1854 7.05 “ “ 17 “ “ “ “ “ 1853expenses 48.00deleted 804.70 “ “ 18 “ “ “ “ “ 1853expenses 100.50deleted

“ “ 19 “ “ “ “ “ 1853 40.00 Feb 5 “ “ 20 “ “ “ “ “ 1856 69.00 Feb 5 “ “ 21 “ “ “ “ “ “ 11.58 “ “ 22 “ “ “ “ “ “ 539.50 “ “ 23 “ “ “ “ “ “ 18.84 3 June “ “ 24 allowed & filed “ “ “ 40.00

Amt as per record of court paid to ? Smith

Total 1345.62 Green B Smith Administrator

18560603_Receipt_Locke

Received of G B Smith administrator of the estate of David Carson Deceased the sum of six dollars in full of my fees as probate Judge this June the 3 1856.

A N Locke Judge of Probate

18561202_Judgment_Label*Not in Oregon Probate

Transcript of Judgment Filed And Approved At Dec Term 1856 Wm L Cardwell Judge of Probate

Estate of David Carson

18561202_Judgment_L_Carson *Not in Oregon Probate/Appears in CvS

Oregon Territory Benton County SS In the U S District Court in and for said Co Lutishia Carson plff Oct term AD 1856 vs Greenbury Smith Administrator of the Estate Of David Carson deceased Deft I hereby certify that at the above mentioned term of court to wit: on the 25th day of Oct AD 1856 judgement was rendered in said action for the sum of $1200. damages in favor of the above named plff & against the Estate of said David Carson deceased besides the costs which amounted to sum of $199.95 Judgement and costs amounting in all to the sum of $1399.75.

In testimony whereof I have hereunto set my hand and the seal of said Court affixed this 2d day of December AD 1856 THB Odeneal Clerk

18561202_Summons_Smith *Not in Oregon Probate/Appears in CvS

Territory of Oregon County of Benton SS To the Sherriff or any constable of said County.

In the name of the United States you are hereby commanded to cite Greenberry Smith Administrator of the estate of David Carson deceased to be found in your County to be and appear before the undersigned Judge of Probate in and for said County on the first Tuesday of January next at one Oclock P.M. then and there at the court house in Corvallis to render his exhibit, and make final settlement of said Estate or show cause if any why an attachment should not issue compelling such attendance.

And have you then and there this citation

Given under my hand this 2nd day of Dec. A.D. 1856 Wm Cardwell Judge of Probate

1857

18570100_Estate_Summary-1

A full account of the administration of the estate of David Carson decd rendered and made by G. B. Smith administrator of the estate at the Jan. Term A.D. 1857 of the Probate Court Benton Co. O.T. ?? as ?? as per amount of money on hand at the time of taking out letters of admr. $ 216.89 As per amount of original sale bill 1818.81 As per private sale bill 27.00 $2062.70 Amount of vouchers 1875.87 Ballance in Admrs hand 486.83 Additional Vouchers 179.00 Ballance in Admrs hand 307.83 Additional voucher 5.00 302.83 Services of Admr 35.00 267.83 20.00 247.83 Pd for advertising 12 Pd Judge of Probate 8

247.83 54.40 193.43

18570100_Estate_Summary-2

As per V. No. (1) $120.00 “ “ “ (2) 93.00 “ “ “ (3) 6.00 “ “ “ (4) 75.00 “ “ “ (5) 10.45 “ “ “ (6) .45

“ “ “ (7) 3.00 “ “ “ (8) 5.00 “ “ “ (9) 18.00 “ “ “ (10) 242.00 “ “ “ (11) 194.00 “ “ “ (12) 5.00 “ “ “ (13) 5.00 “ “ “ (14) 5.00 “ “ “ (15) 18.00 “ “ “ (16) 7.05 “ “ “ (17) 48.00 “ “ “ (18) 100.05 deleted “ “ “ (19) 40.00 “ “ “ (20) 69.00 “ “ “ (21) 11.58 ½ “ “ “ (22) 539.50 “ “ “ (23) 18.84 “ “ “ (24) 40.00 “ “ “ (25) 2.00 1575.87 “ “ “ (26) 40.00 “ “ “ (27) 6.00

18570100_Estate_Summary-3

Administrators percentage on 2062.70

$123.00 Auctioners fees 10

18570106_Estate_Summary_Label *Not in OP Documentation/In 000_Archives

Estate of D. Carson G. Smith Exhibit filed Jan 6 1857

Wm L Cardwell Judge of Probate

18570106_Petition_to Sell_Smith-1

Oregon Territory In the Probate Court of Benton County ss January Term 1857

To the Hon Judge of the Probate Court of said county: The undersigned Greenberry Smith administrator of the Estate of David Carson deceased would respectfully show to this court that the sum of two thousand and fifty two dollars and seventy cents is the amount of the proceeds of the sales of the personal property and cash on hand belonging to the estate of said deceased, which have come to the possession of the under-signed administrator, and that the debts against the said estate and expenses of administration amount to thirteen hundred and ninety nine dollars and seventy three thousand two hundred and seventy nine dollars sixty two cents. The balance of proceeds of personal estate yet remaining in the hand of the administrator is three hundred and seven dollars eighty three cents leaving a deficiency in the personal estate to meet the demands of said estate of twelve hundred and sixteen dollars and ninety two cents.

Your petitioner would further represent to the court that said deceased died seized [?] and possessed of the following real estate situate in said county of Benton, to wit: 320 acres bounded on the west by E Garrison land claim, on the south by D. Carson Junior land claim on the S.E. by D. Davis’ land claim in T. 10 S in R. 5 W You petitioner wants to further represent

18570106_Petition_to Sell_Smith-2

that said real estate is of the value of fifteen hundred dollars & further that said real estate is slightly improved & further that said real estate is of fine quality of land (rich) & further the names & residences of the heirs of the estate of ?? are as follows to wit: John Carson Andrew Carson Matthew Carson & Mrs Jane Blevins are residents of Ash County North Carolina & James Carson, of Carrol County Virginia. Mrs Elizabeth Carson is a resident of Platt County Mo & her heirs to wit Mrs. Margaret Robinson & Robert Carson of Platt County Mo. & the heirs of Mrs. Elizabeth Prior of said county of Platt & Andrew Carson of Benton County O.T. the ages of the above heirs are unknown to the undersigned admr. & further the undersigned would ask the court to make such ?? for this

18570106_Petition_to_Sell_Smith-3

sale of said real estate to meet said demands as is required by law for the sale of real estate in such cases made & provided & in duty bound your petitioner will ever pray etc.

Greenbury Smith administrator

Sworn to and subscribed before me this 6th day of Jan 1857. Wm Cardwell Judge of Probate

Estate of D. Carson Petition for order to sell real Estate

filed Jan 6th 1857 Wm L Cardwell Judge of Probate

18570223_Billing_Dade *Not in Oregon Probate/Appears in CvS

Greenbury Smith Administrator of the Estate of David Carson dcd } To Smith & Dade Atty

For professional services in the case of Letitia Carson & Greenbury Smith administrator of said estate and in probate Court in 1855 and 1856 one hundred dollars $100

Febry 23rd 1857 Smith & Dade Per I N Smith

I N Smith being first duly sworn according to law deposes and says that the above services have been rendered and that the foregoing account is correct and just and that the sum of one hundred dollars yet remains wholly unpaid and due the firm of Smith & Dade for professional services rendered as above stated.

Sworn and subscribed I.N. Smith to before me this day of February AD 1857

E J Harding Clerk District Court 1st Judicial District of Oregon

18570300_Administrator_Expenses-1

1 day November turme 1853 $ 5.00 7 days completing proof of claim $5) 35.00 Pack up ?? on the origon $10.00 Packing up on ?? $12.00 Prooning blanks 1.00 Expenses in origon city $ 3.75 Expenses returning to marisville 3.00 1 day giving notis ?? of railes $ 5.00 1 day counting of railes 5.00 1 day selling of railes $ 5.00 1 day giving names of witnesses 5.00

1 day imploying counsel $ 5.00 2 days atending probate march turme 5.00 Expenses $ 1.00 1 day surveying claim 5.00 5 days atending district court $ 25.00 Total amount $120.75 Green B Smith administrator

18570300_Administrator_Expenses-2_V. No. (2)

Green B Smith commited services on or about 25 November 1852 for the Estate David Carson. To riting out an advertisement and publishing the same in the Statesman$1.00 1 day going to take out leters of administration 5.00 1 day going after leters of administration $5.00 1 day geting up hoges 5.00 ½ day taking the inventory 2.50 For riting out 8 advertisements $8.00 2 days putting them up and expenses $12.00 3 days gitin up stock before sail 15.00 1 day crying saile 5.00 1 day clearking 5.00 ½ day posting up the sail $2.50 1 day making returns of sail 5.00 1 day to qualifying the cleark 5.00 1 day Aprill turm presentin property 5.00 1 day surveying off claim $5.00 For surveying to ?? stump 11.00 To prooveing up claim before the Surveyor Jeneral _$3.00 Allowed by Wm L Cardwell $93.00 Judge of Probate

18570300_Administrator_Expenses-3

3 days January turme 1857 5 pur ddy $15.00 2 days going to see why notis of sail didn’t come out – $5 pur dy…… $10.00 1 day March turme…………………………………………………….. 5.00 Giting Land notis ……………………………………………………………………….. 5.00 Total amount $35.00

Green B Smith administrator

18570300_Administrator_Expenses-4_V. No. (19)

2 days Seteling february turme $4 $8.00 2 days April turme $4 $8.00 1 day seeing aturney $4 $4.00 5 days District court $4 $20.00 pursentage on all moneys and effects _____ Total amt $40.00

18570300_Administrator_Expenses-5_V. No. (20) *Not in Documentation

1 day ?ing with the probate turme 1854 $3.00 2 days giving counsel notis of names of evidence $6.00 2 days giving counsel notis what ?? ?? $6.00 May turme 6 days district court $30.00 1 day June turme probate turme $3.00 1 day retell Judgement $3.00 1 day giving notis of witnesses Oct turme $3.00 1 day giving counsel notis that I could not goin to triel $3.00 3 days filing notis Octo turme 1855 9 1 day striking balance sheet 3__ Total due amount $69.00

18570300_Administrator_Expenses-6_V. No. (26)

1 day June 1856 probate court $ 5.00 4 days Oct 1856 District court 20.00 2 days Sept 1856 seeing counsel $10.00 1 day Oct 1856 seeing counsel __5.00 $40.00

18570300_Billing_Smith

G.B. Smith arm. Of the estate of David Carson dcd n & for services as admr. March Term O.T. 1857. As per 2 days of attending Probate court $10.00 As per 1 days services May Term 1857. $5.00 And days seeing counsel 5.00 $20.00 $12.00 allowed 46.40 34.40 commissions 3.00 $46.40 5.00 54.40

18570301_Billing_Smith_V._No._(4)

The within account is allowed to the sum of seventy five dollars March 1st 1854 By me Greenbury Smith Ad

I have examined the within account and allowed the same amt as the administrator seventy five dollars. March 1st 1854 Wm Cardwell Judge of Probate $75 For value recd We assign the within as allowed to Jackson & Cardwell to be ?? ?? ?? bills without recourse. March 26, 1857

Smith & Dade Recd D C Dade Smith & Dade Account

18570530_Land_Sale

Sale of 320 acres of Land of the estate of David Carson decd sold on the 30th day of May AD 1857 To George Fogle for $860.00 Greenbury Smith Admr.

Territory of Oregon County of Benton

This day personally appeared before me Greenbury Smith admr of the estate of David Carson decd and being first duly sworn, States that the above sale bill is true, and that the sale was fairly conducted according to Law. Sworn to and subscribed before me the 2nd day of June A.D. 1857.

Wm Cardwell Judge of Probate

18570600_Sale_Confirmation (Lila’s scan)

June Term 1857

This day Greenbury Smith Admr of the estate of David Carson decd returned into Court his Sale bill of the Land belonging to said estate of 320 acres, as Sold to George Fogle for the sum of $860.00. And proof being made to the Satisfaction of the Court as to the legality and fairness of said Sale, the Same is ordered to be confirmed; and conveyance made to Said George Fogle by the Administrator.

18570600_Sale_Confirmation * (Jan’s Photocopy)

June Term 1857

This day Greenbury Smith Admr of the estate of David Carson decd returned into Court his Sale bill of the Land belonging to said estate of 320 acres, as sold to George Fogle for the sum of $860.000. And proof being made to the satisfaction of the Court as to the legality & fairness of said Sale, the Same is ordered to be confirmed; and said conveyance made to said George Fogle by the Administrator.

State of Oregon County of Benton SS

I B. W. Wilson County Clerk of Benton County, State of Oregon, do hereby certify that E. J. Harding was clerk of the U.S. District court in and for the Territory of Oregon on this 1st day of April A.D. 1857 and that T.N.B. Odeneal was Deputy Clerk of said Dist Court at that time for the County of Benton and that all his Official Acts as such are entitled to full faith and credit –

In Witness whereof I have hereunto set my hand and Official seal this Jany 1st 1878 B.W. Wilson Clerk

18570600_Land_Sale_Label *Not in Oregon Probate

Sale Bill of G. Smith Admr $860.00

18570602_Receipt_Kelsay *Not in Oregon Probate/Appears in CvS

Received $81.12 cts of Green B. Smith as administrator of the estate of David Carson dcd in full of all demands and accounts etc. for my services as atty This the 2 day of June 1857.

John Kelsay

18570602_Receipt_L_Carson *Not in Oregon Probate/Appears in CvS

Corvallis June 2 1857 Received of Greenbury Smith Administrator of the Estate of David Carson deceased seven hundred & seventy eight dollars & eighty cents being in full of all demands against estate.

Lutishia Carson By A. J. Thayer her atty

18547602_Receipt_Odeneal_(1) *Not in Oregon Probate/Appears in CvS

Lutisha Carson Vs G.B. Smith admr Of the Estate of David Carson deceased Received, Benton Co. June 2d 1857, of Wm L. Cardwell Judge of Probate, the sum of one hundred & twenty nine dollars and sixty three cents, costs in the above entitled cause in the District court for said County. THB Odeneal Dep Clk of said Court

18570602_Receipt_Odeneal_(2) *Not in Oregon Probate/Appears in CvS

Received Corvallis June 2d 1857 of Greenberry Smith administrator of the estate of David Carson, deceased the sum of five dollars in full for printing notices of sale of land belonging to said Estate. T. H. B. Odeneal

18580101_Carson Land Sale

June Term 1857 This day Greenbury Smith Admr of the estate of David Carson decd returned into Court his Sale bill of the Land belonging to said estate of 320 acres, as sold to George Fogle for the sum of $860.000. And proof being made to the satisfaction of the Court as to the legality & fairness of said Sale, the Same is ordered to be confirmed; and said conveyance made to said George Fogle by the Administrator. State of Oregon County of Benton SS

I B. W. Wilson County Clerk of Benton County, State of Oregon, do hereby certify that E. J. Harding was clerk of the U.S. District court in and for the Territory of Oregon on this 1st day of April A.D. 1857 and that T.N.B. Odeneal was Deputy Clerk of said Dist Court at that time for the County of Benton and that all his Official Acts as such are entitled to full faith and credit – In Witness whereof I have hereunto set my hand and Official seal this Jany 1st 1858 B.W. Wilson Clerk