In 1836, George Carey sold his properties in Staunton township, Miami county, Ohio, and moved about 100 miles north to Auglaize township, in Paulding county.1 There, he spent the rest of his life, living with, or near, his son Isaac Carey. He is said to have died nearby in Defiance county1 in 1846. Several of us who have been researching the story of this mysterious ancestor of ours are hoping that a will and probate record may be found in either Paulding or Defiance county which will pin down the date of his death, the location of his properties, and the names of his heirs.
Of course, it's possible that George Carey didn't have any property of his own after moving north. He was in his seventies and may no longer have been able to work as a stonemason or farmer. He and his wife Phebe msy have chosen to move in with son Isaac and his family to be cared for during their final years. He may not have deemed it necessary to write a will at this time in his life.
One of my cousins, Kelly Conrad, has been searching for answers to these questions in microfiches available through the LDS Church's network of Family History Centers. The information below is a part of Kelly's first report on his research and will be updated whenever he or others make additional discoveries. So far Kelly hasn't turned up George's will, but he did find several references to George's children and in-laws.
Date: 17 May 2007
Subject: Paulding County
Cousin Chuck,
I have a microfilm over at the local Family History Center that has four Paulding Co., OH, Probate Court books on it. I thought I'd try my luck at digging out any particulars I might find about old George Carey's death. Nothing to report about George at this point but I've only just gotten started. Darndest thing! I simply did a really quick run through the first book (apparently the oldest book on the reel -- but, don't hold me to my call on it being the oldest since I've just barely gotten my feet wet, as it were) and stuff started falling out so fast I opted to start nailing items so I wouldn't chance losing any. In:
The first item occurs on the first and second (unnumbered) pages of the book cited above. The item is the first entry among four -- three of which are dated 1847 -- in a table that appears to have been drawn up in order to summarize the status of cases that apparently were begun and written about in an older Court book. My take on the table entries at this point is that all aspects of each case hadn't yet been completely settled when the newer book, at hand, was started, so the author evidently considered that a summary of where each included case was at in the legal process would be useful to include at the beginning of this newer book. The natures of the three table entries following the first appear to support my idea that these were continuing cases but beyond that the cases are odd entries to expect to see in a book devoted solely to probate matters. That may prove to be useful info. Given that the book at hand is Probate Docket Book I, this may be the first time the Paulding County Court system started a separate book for probate cases. Consequently, any search for still older probate records concerning George Carey might be found in a Court book that includes a mixed bag of all kinds of cases, in other words, a general Court Proceedings book -- not necessarily a book including only Probate records. Referring here to the first table entry, beneath the heading, "Disposition", occurs, "Judgment of Court of C P afsd ... " which clearly is a reference to the Court of Common Pleas.
More on this first entry in the table on the 1st & 2nd pages of Docket Book I, the case was an assumsit [suit filed for breach of contract] filed by Shadrach R. Hudson2 (Pltf.) vs. Nathan Shirley3 & Isaac Carey (Dfdts.). The date shown for the last action in the case is given as April 11, 1847. The attorney of record was A. S. Latty. Damages of $263.38 were sought by plaintiff Hudson and it looks like he prevailed to the tune of $13.15.
As I mentioned before there are three other entries appearing in the table. The second entry is a lawsuit for debt with George Platter (Pltf.) vs. Philip Shirley (Dfdt.). The third table entry concerns a contested County Sheriff election. The fourth and last table entry is a motion filed with the court concerning costs in a case involving Samuel S. Hankins (Pltf.) vs. Nathan Shirley (Dfdt.). The only reason I've included the entries naming the Shirleys will become apparent as you read on and see the associations between the surnames Shirley, Hudson & Carey.
The second item of potential interest occurs on the 91st unnumbered page. The entry involves the Estate of Shadrach H. Carey, deceased:
At a Probate Court held within and for the County of Paulding in the State of Ohio at the Court house in said County on the sixth day of March in the year Eighteen hundred and fifty four by and before Ezra J. Smith Probate Judge in and for said County the following proceedings were had in the Matter of the Estate of Shadrach H. Cary deceased.
John W Ayers Atty at law Represents to the Probate Court in and for said Paulding County that Shadrach H Cary late of said County deceased died seased [sic: seized] of personal property of more than the value of two hundred Dollars and that he left a widow surviving him. And having produced in open Court the Relinquishment of the widow of the deceased which is in the words and figures following to wit:
To the Honorable the Probate Judge of Paulding County Ohio the undersigned would Respectfully Represent to your honor that whereas it has become necessary to appoint an administrator on the Estate of S. H. Cary deceased and whereas I am Entitled and have the prefferance [sic] to said Right and prefferance [sic] as Give by the Statute in such Case made and provided
And would thereupon ask that David C Cary be appointed administrator of said Estate
Dated the 5th. day of March A.D 1854
(Signed) Delilah A Cary widow of S. H. Cary deceased
whereupon the Court being fully
satisfied4 advised in the premises do order that Letters of administration issue to the said David C. Cary with[91st unnum. pg.]
Note: The above entry ends as given. It does not continue on the next page or any succeeding pages I could find.
The third item falls on the 107th unnumbered page and involves the guardianship of several kids surnamed Shirley who are the heirs of Samuel Hudson.
At a Probate Court begun and ^ held ^ within and for the County of Paulding and State of Ohio. At the Court house in said County of Paulding on the Eleventh day of May in the year Eighteen hundred and fifty four by and before Ezra A Smith Probate Judge in and for said County the following proceedings were had
In the Matter of Robert Shirley Guardian for Rolla C Hudson Mary, Ella Hudson and Frances E Hudson, minor heirs of Samuel W Hudson deceased
Final Settlement of accounts
Robert Shirley Guardian for Rolla C. Hudson Mary Ella Hudson and Frances E Hudson minor heirs of Samuel W Hudson deceased this day Settled his accounts with the that the said Robert Shirley has as said Guardian and for said minor heirs, paid out and Expended the ^ following ^ sums
of Seven hundred and Eighty nine dollars & Eighty five dollars Cents and Eight mills for which he has produced the necessary vouchers, in open CourtTo Rolla C. Hudson the sum of One hundred and thirty six dollars and Ninety nine cents. And to Mary E. Hudson the sum of One hundred and thirteen dollars and twenty four centsAnd the sum of One hundredAnd to Frances E Hudson the sum of One hundred and twenty three dollars and thirty five cents. And the further sum of Three hundred and Sixty Six dollars and Seventy Seven cents and Eighty Mills for Court Charges boarding said heirs ___curing [?] boarding for said heirs and sundry other incidental and necessary Expences [sic] And also the further sum of Forty nine dollars for other further incidental and necessary Expences [sic] Which said several sums Amount to the sum of Seven hundred and Ninety dollars and thirty five cents and Eight mills, and the Court do find[107th unnum. pg.]
that the said Robert Shirley as said Guardian, has Received the sum of Seven hundred and thirty two dollars and Eighty five cents and five mills which leaves a balance in favor of said Robert Shirley as said Guardian amounting to the sum of Fifty Seven dollars forty three cents and three mills"
[108th unnum. pg.]
Fourth item, found on the 124th unnumbered page concerns the Isaac Carey estate:
At a Probate Court begun and held within and for the County of Paulding and State of Ohio, At the Court house in said County on the Seventh day of August in the year Eighteen hundred and fifty four by and before Ezra J. Smith Probate Judge in and for said County
The following proceedings were had
in the Matter of theIn the Matter of the Estate of Isaac Cary deceased
A S Latty attorney at law moves the Court that James M RussellIt having been made to appear to the satisfaction of the Court, that Shadrach H Cary, late administrator of the estate of Isaac Cary deceased having lately departed this life and having left said Estate [blank space] unsettled. Therefore on Motion to the Court, it is ordered by the Court that James M Russell be appointed administrator de bonis non of the Estate of Isaac Cary deceased aforesaid and that Letters of Administration to the said James M Russell and that the said James M Russell Give bond in the penal sum of Eight hundred dollars with David C Cary and Henry Harman as Sureties a bond of which was taken Signed and acknowledged in open Court.And it is further ordered by the Court that Robert Shirley D Blakesley and John W Ayres -- be appointed appraisers
of saidof the personal Estate of said Testator all of which was accordingly done in open CourtEzra J Smith
Probate Judge
[124th unnum. pg.]
The fifth item occurs on the 127th pg.:
At a Probate Court begun and held within and for the County of Paulding at the Court house in said County on the Tenth day of November in the year of our Lord one thousand Eight hundred and fifty four by and before Ezra J Smith Probate Judge in and for said County the following proceedings were had in the Estate of Isaac Carey late of said County deceased
It having been made appear to the satisfaction of the Court that Shadrach
HHudson Carey late Administrator of the Estate of Isaac Carey deceased having lately departed this life and having left said Estate of Isaac Carey deceased unsettledTherefore on motion to the Court It is ordered that James M Russell be appointed Administrator de bonis non of the said Estate of Isaac Carey deceased and that Letter of Administration to the said James M. Russell be issued upon his giving bond in the sum of Five hundred dollars John Crosson And W T French his sureties which was according [sic: omission, "to law"] done and it is further ordered by the Court that Robert Shirley [,] D Blakeslie and John W Ayres appraisers of the all of which was done in open Court
[127th unnum. pg.]
The differences between the proceedings entered on the 124th & 127th pages are that a second performance bond was drawn up (127th pg.) and filed with the Court to replace the earlier one (124th pg.) with the amount of the penal sum having been reduced in the later bond. David C. Carey and Henry Harman, sureties in the earlier bond, were replaced by later bond sureties John Crosson & W.T. French.
You've already noticed the pages in this book aren't numbered so I thought it better to proceed slowly and take time to count pages so I could relocate the above entries -- a strategy that paid off since I inadvertently mislaid one of the entry copies I made on the first go-round and had to go back & run off another.
I haven't a clue whether any of this stuff will have any use. The given dates might be useful in a general sort of way as possible cross-checks against whatever info you already have relative to dates of death and whatnot. Like I wrote, my aim was to try to dig up something that might help firm up where my Gt x 5 Granddaddy George Carey did actually pass on. The Family History Library's description of the microfilm in hand says there are three addl. Court books included on the film here beyond the one book that yielded the above stuff. I've learned the hard way that the FHL's film descriptions aren't always reliable [The best example I've found so far of such inadequacies was a film I ordered that was described as a county's ca. 1840s Will Book. Oh, there were Wills and all sorts of other estate records present including the one I was after but the county clerk used the same book to record about 15 years worth of property tax records as well which proved to be very, very useful.] God only knows what else will fall out at this point since so far all I've done so to speak is dip my big toe into the water. I did a really quick scan through the last book appearing on the reel since, like the first book -- Probate Docket I (above), it included older entries. On page 283 of that older book I found a case titled, "Shadrach Hudson vs. heirs of Samuel Hudson".
Stay tuned!
Best regards,
Kelly L. Conrad
Denver