Will of Thomas Copenhaver

File contributed for use on USGenWeb/MOGenWeb Lincoln County Heritage Page by Richard Allen Avner, 6 November 2011.

Will and Letter of Probate of Thomas Copenhaver
Will Transcribed from Lincoln County, MO Will Book 3, pp. 208-210; Letter of Probate Abstracted from Probate File No. 1212 and provided by Allen Avner, 2011 .

Transcribed 3 January 1988 by Richard Allen Avner from a photo copy of the original document.

Transcription of Will of John Copenhaver

Lincoln County Missouri Will Record Book #3, Pages 208-210

In the name of God, Amen. I, John Copenhaver of the County of Lincoln and State of Missouri, being of sound mind and disposing memory, and having in view the uncertainty of life, and cerrtainty [sic] of death, do make, ordain and publish this as my last will and testament. That is to say, First, At my decease, I wish and direct that my body shall be decently interred. Second, I direct that all my funeral expenses shall be paid first out of my estate. Third, I direct that all my debts be next paid. Fourth, Inasmuch as all the estate, both personal and real, that I am now possessed of was made and accumulated after my children by my first wife had left me or my control and home, I therefore give and bequeth to these children, namely, Rebecca Crigger, Sarah Brown, Elizabeth Moore, John S. Copenhaver, Benjamin F. Copenhaver, Artimecia Wright and Andrew Copenhaver, only five dollars each. Fifth, After the foregoing expenses, debts and bequests are liquidated or paid, I give and bequeath to my beloved wife, Susan Copenhaver, all of my personal and real estate for her use during her natural life or
widowhood. At her death or marriage, all of said property, both personal and real, I give and bequeath to my beloved children by her, namely, David H. Copenhaver, Catherine Copenhaver, Martin S. Copenhaver, Emeline Copenhaver, Mary Jane Copenhaver or Jameson, Eliza Ann Copenhaver, Zachariah M. Copenhaver, Wm. Wesley Copenhaver, and Elvira S. Copenhaver, share and share alike.

In witness wherof, I have this day, the 25th day of April A.D. 1863, hereto set my hand and affixed my seal in the presence of the subscribing witnesses.

John Copenhaver {Seal}

The above and foregoing will of John Copenhaver was signed by him in our presence; and acknowledged by him to be his voluntary act and deed for the uses and purposes therein named, on the date thereof, and we certify that he was of sound mind and disposing memory.
Given under our hands and seals on the ( ) day of April 1863.
J. B. Thomas {Seal}
J. R. Paxton {Seal}
L. H. Paxton {Seal}

{State of Missouri County of Lincoln }

SS In Vacation of the Probate Court

Be it remembered that, on the 5th day of May 1873, personally appeared before the undersigned, Eugene N. Bonfils, Clerk of the Probate Court of the County and State aforesaid, J. B. Thomas, one of the subscribing witnesses to the annexed will of John Copenhaver, and being by me first duly sworn, depose and say that the said John Copenhaver, the testator, subscribe the same in his presence and published the said will or instrument of writing as his last will, that he, the said testator, was, at the time of publishing his said will, of sound mind, and more than twenty one years of age, and that he, the said deponent, attested the said will as witness thereto, by subscribing his name to the same in the presence of said testator.

J. B. Thomas

In witness whereof, I, Eugene N. Bonfils, Clerk of the Probate Court of the County of Lincoln, State aforesaid

{Seal}

have hereunto subscribed my name and affixed the seal of said Court at office in the County aforesaid this 5th day of May A.D. 1873.
Eugene N. Bonfils, Clerk
Probate Court

{State of Missouri

County of Lincoln }

In Vacation of the Probate Court
Be it remembered that on this 19th day of September A.D. 1873, personally appeared before the undersigned, Eugene N. Bonfils, Clerk of the Probate Court, within and for the County of Lincoln and State aforesaid, William W. Shaw and James McLellan, both of lawful age, and, being by me first duly sworn, depose and say that they were acquainted with Luke H. Paxton, one of the subscribing witneses to the within will of John Copenhaver deceased, in his life time, the said Luke H. Paxton being now dead, and also with the hand writing of said Luke H. Paxton, having frequently seen him, the said Luke H. Paxton, write his name, and that, to the best knowledge and belief of the said deponents, the signature of the said Luke H. Paxton as a subscribing witness to said will is in the proper handwriting of the said Luke H. Paxton.
W. W. Shaw
James M. McLellan

In witness whereof, I, Eugene N. Bonfils, Clerk of the Probate Court of the County of Lincoln, State aforesaid

{Seal}

have hereunto subscribed my name and affixed the seal of said Court at office in the County aforesaid this
5th day of May A.D. 1873
Eugene N. Bonfils, Clerk
Probate Court

State of Missouri }
County of Lincoln }

ss I, Eugene N. Bonfils, Clerk of the Probate Court in and for said county do hereby certify
that the foregoing affidavits of J.B.Thomas, W.W. Shaw and James W. McLellan were taken by me on the days therein specified, and that the same were deemed by me sufficient proof to establish the foregoing will as the will of John Copenhaver, deceased.

Witness my hand and the seal of said Court at office in

{Seal}

Troy Mo. this 19th day of September A.D. 1873
E. N. Bonfils, Clerk
Recorded Sept 19, 1873}
E. N. Bonfils, Clerk }

Annotated abstract of Lincoln County Missouri Probate Court File 1212 for John Copenhaver
Based on 35 documents found in the file and photocopied by the office of the Lincoln County Missouri Circuit Court Clerk in 1987, abstracted and annotated by Richard Allen Avner. Annotations are enclosed in square brackets [ ] and transcribed sections are enclosed in quotes " ".

[John Copenhaver (ca 1790-1838) was one of the sons of Thomas Copenhaver (1763-1838) of Lincoln County.]

Document 1. Letters Testmentary granted to M.S. & D. H. Copenhaver and recorded in "Letters", Book "D", page 336, witnessed on 15 March 1875 by E. N. Bonfils, Judge of the Probate Court. "...inasmuch as it appears that no one was appointed Executor of said Deceased in and by said Will to execute the same & whereas Martin S. and David H. Copenhaver have applied for letters on said estate..." [Martin Staley Copenhaver and David Hackler Copenhaver were the oldest living sons of John Copenhaver by his second wife, Susan Hacler/Hackler].

Document 2. $500 Bond for Martin S. and David H. Copenhaver, as principals and administrators of the estate of John Copenhaver, deceased, with Richard L. James and Charles W. McKinsey as securities. Included is the statement "Martin S. Copenhaver & David N. Copenhaver being duly sworn, says [sic] that the heirs as mentioned in the will of said Decd. duly probated are the only heirs and legal representatives of John Copenhaver, deceased, to the best of their knowledge and belief." Filed and recorded on 15 March 1875 in Book "C", page 291 of "Administrators Bond" book, witnessed by Eugene N. Bonfils, Judge of the Probate Court.

Document 3. "Appraisement of all and singular the goods, chattles and other Personal Estate of John Copenhaver, deceased, late of Lincoln County, Missouri,produced..." [by] Charles W. Kimler, Wm. E. Duncan and James A. Motley, Appraisers. Items included furniture, bedding. kitchen utensils, farming equipment, 1 cow, a wagon, and 3 sheep. The total appraisal came to $198.70. Dated 22 March 1875, Filed 23 April 1875.

Document 4. "Executor's or Administrator's Inventory, Certificate and Affidavit, Inventory of all the Real and Personal Estate of John Copenhaver deceased, late of Lincoln County, Missouri, describing the quantity, situation and title of the Real Estate, the books and papers, the debts due to the said deceased, the names of the debtors, the dates of the contracts, the amount of interest due, and the rate of interest thereon, and all personal property of whatsoever character. Made by M. S. & D. H. Copenhaver Administrators" Dated 22 March 1875. In addition to the items listed in the appraisal, this inventory included:
"Cash on hand Seventeen dollars 80 cents";
220 acres of land, including
"West 1/2 of NW 1/4 sec 30 Township 51, range 2 west, contains 80 acres",
"the West 1/2 of SW 1/4 sec 19 Township ??[difficult to read], range 2 west, contains 80 acres",
"South part in East 1/2 SW 1/4 Sec ?? Township, 51 range 2 west, contains 60 acres";
Added farm implements and household goods and a number of interest bearing notes.
Recorded and filed on 23 April 1875 "...in Book F for recording Inventories at pages 323 and following".

Document 5 Account of Sale. Filed 23 April 1875 for sale conducted on 10 April 1875 "at residence of Said deceased". The clerk of the sale was R. S. Jones. Buyers were:
Hiram Motley, $.90;
Wm Jamerson, $3.60;
James Drumheller $11.70;
John Colbert, $3.60;
E. G. Sitten, $.95;
Dr. Moore, $50.50;
James Mottley, $1.20;
Charles Kimler, $1.00, for a total of $73.45
["Wm Jamerson" is thought to be William P. Jamieson, husband of Mary Jane Copenhaver while James Drumheller is likely to be the husband of Emeline Copenhaver. Mary Jane and Emeline were daughters of John and Susan Hacler/Hacker Copenhaver. John Colbert may be a brother-in-law of Andrew Copenhaver, one of the sons of John and Elizabeth Turley Copenhaver. "Dr. Moore" is probably Dr. Quinton B. Moore, a Pike county physician who submitted a bill for care of John Copenhaver. Quinton Moore's mother was Perlina Jamieson, so Quinton may have been related to William P. Jamieson, the husband of Mary Jane Copenhaver.]

Document 6. Note dated January 10 187? for $115.00 at 10% interest annually payable to Mr. Charles Robinson signed by John and Martin S. Copenhaver. "filed 4/9/78 Newell Ackerman, Clk" "Notice waived in Open Court Oct - Term 1875 & 95.91 allowed in 5 days of demand @ 10% in favor of Martin S. Copenhaver. Oct 13 1875 E. N. Bonfils Judge, N. Ackerman,clerk"

Document 7. Receipt "Rcvd Dec 31 1875 of M. S. Copenhaver Twenty Five dollars fee in case of Copenhaver vs. Copenhaver dispute over will a[t] Lincoln Co Court" - [The signature on the receipt is illegible, but a later receipt with clearer writing reveals it to be "McKee & McFarland", a prominant Lincoln county law firm headed by Archibald V. McKee. This document is voucher #4 in the 1876 Annual Statement.]

Document 8. Receipt from The Troy Herald dated 20 March 1876 for $3.00 for publishing a notice of Letters Granted on the Estate of "Jno Copenhaver, Dec'd" for 4 weeks. [This document is voucher # 1 for 1876 Annual Statement]

Document 9. Receipt. Received at "Troy, Mo., April 25 1876 of M.S. and D.H. Copenhaver Adm's of Estate of John Copenhaver dec'd the sum of Eleven & 80/100 Dollars, in full for Clerk's fees" signed by Newell Ackerman, "Clerk of Probate Court, Lincoln County, Mo."

Document 10. Publisher's Certificate dated 18 April 1876 and sworn before Newell Ackerman, Clerk, stating that, for a fee of $3.00, an appended Administrator's Notice had been published for 4 weeks in The Troy Herald, March 17, 24, and April 7 and 14, 1875. The transcript of the notice published on March 17 is as follows:
"Administrator's Notice.-
Notice is hereby given that letters of administration were granted to the undersigned, M.S. & D.H. Copenhaver, administrators, with will annexed, on the estate of John Copenhaver, deceased, on the 15th day of March, 1875, by the Probate court of Lincoln county, Missouri.
Persons having claims against said estate are required to exhibit them to the administrator for allowance within one year from the date of said letters, or they may be precluded from any benefit of said estate; and if not exhibited for allowance within two years, they will be forever barred."

Document 11. Receipt number 585 from the Lincoln County, Missouri, Collector's Office at Troy, Missouri, dated December 31, 1875 for payment by Susan Copenhaver of $31.26 for 1875 taxes assessed on:
140 acres in Lots 1 & 2 of the SW quarter of Section 19, Township 51 of Range 2 West (less 20 acres), and
80 acres in the N part of the NW quarter, Section 30, Township 51, Range 2 West
Valued at $1,190.
[This document is voucher #3 for Annual Statement for 1876. Susan's name on the receipt suggests that she was still alive in late 1875.]

Document 12 Accounting of income from sale. Filed April 20 1876
R. L. James 16.20
J. P. Drumheller 11.70
Jamerson 8.50
Wm Copenhaver 29.85
M.S. " 9.85
?air? " 18.?? [18.20 if total is 156.95]
Dr. Moore 50.50
Cash 12.15
______
?5?.?5
[The total should be 156.95 if the annual statement is correct. The illegible Copenhaver buyer may be Zachariah Copenhaver]

Document 13 Receipts for expenses paid by D.H. & M.S. Copenhaver on April 10 1875
[This document is voucher #2 for the 1876 Annual Statement]
$2.00 to E.C. Litter for service as an auctioneer
$2.00 to Chas. W. Kimler and William E. Duncan for services rendered as witnesses
On June 4 1875
$ .50 to James A. Motley for services rendered

Document 14 Annual Settlement. Filed 21 April 1876 in Settlement Book E, page 754

Cash on hand 17.80
Note on D.H. & M.S. Copenhaver 45.96
" " M.S. & D.H. Copenhaver 20.24
" " W.W. & A.H. Copenhaver 84.28
To amnt sale Bill 156.95
" rent of real estate 1875 100.00
_______
425.23
Cr. Voucher
Notice of letters 1 3.00
Expense of sale + c 2 4.50
Tax for 1875 3 31.26
Defending suit in Circuit Court
to set aside will 4 25.00
Clks fee 11.80
By error in sale bill [2.50 crossed out]
By c?m?no on disbursements [no amount shown]
" Discount on note of Dr. Moore 3.50
_____
79.06
79.06
______
Bal due April 21 1876 346.17

E N Bonfils Judge

Document 15 Annual Settlement Statement dated 21 July 1877, recorded in Settlement Book F, page 80.
"to acct. due from last settlement Apr 21.1876" 346.17

Cr.
"By clerks fee" (voucher 1) 5.10
" " ? on 425.2? @ 5% 21.26
______
319.81

Approved
E N Bonfils Judge

Document 16 Receipt dated July 21 1877 for Clerk's fees of $5.10 paid by M.S. and D. H. Copenhaver [This document is voucher 1 for the Settlement Statement of 21 July 1877]

Document 17 Mostly illegible. Contains amounts $11.??, $7.75 and $2.?5 and words "Against the Estate" and "the house"

Document 18 Receipt dated "Jany, 23, 1878" for payment by "D.H & M.S. Copenhaver Ex of the Estate of John Copenhaver the sum of fifty dollars as atty. fee in defending suit contesting the will of said John Copenhaver -" signed "McKee & McFarland"

Document 19 Back Tax Receipt No. 371 dated January 23 1878 from the Collector's Office, Lincoln County, Missouri, acknowledging receipt from M. S. Copenhaver of Twenty Eight dollars and sixty one cents "...being the amount of Tax, Interest and Costs, upon the following described Real Estated...for the years 1876 as appears by the Forfeited Land Tax Book on file in my office, to wit:"
140 acres, Lots 1 & 2 SW quarter less 20 acres, Section 19, Township 51, Range 2W
80 acres N/4 NW quarter, Section 30, Township 51, Range 2W

Document 20 Real Estate Tax receipt No 3840 dated January 23 1878 acknowledging receipt from John Copenhaver (represented by M. S. Copenhaver) of Eight dollars and 28 cents for:
Lots 1 & 2 of the W quarter less 20 acres of Section 19 Township 51, Range 2W, consisting of 140 acres
and acknowledging on the same date receipt from Susan Copenhaver (represented by M. S. Copenhaver) of Four dollars and 44 cents for:
North part of the NW quarter of Section 30, Township 51, Range 2W, consisting of 80 acres
[Martin representing Susan for this tax payment may mean that Susan died before 23 January 1878]

Document 21 Receipt dated April 6th 1878 for a fee of Six dollars and Seventy cents "...as A Medical apc [attending physician charge ?] and interest this apc was allowed in the Probate Court & Six dollars is the Amt of the Apc and seventy Cents the Interest Dr. Q. B. Moore"[Quinton B. Moore was a physician living in Hartford, Pike county, Missouri at the time of the 1870 Federal census. Several of the children of John Copenhaver also lived in Hartford township which was on the border of Lincoln county.]

Document 22 Notarized statement by R. C. Prewitt in reference to his visit and medical attention for John Copenhaver on the night of April 7 1873 and the day of April 8 1873, for which charges totalling $5.50 were made. "...having duly sworn says, that to the best of his knowledge & belief he has given credit to the estate of John Copenhaver Deceased, for all payments as offsets to which it is settled on this above demand discribed, & that balance then claimed as justly done. Sworn to before me Notary Public of Lincoln Co MO Oct 13th 1875. [signed]M. Dixon Notary Public. Satisfied April 6th 1878 [signed] R C Prewitt [R. C. Prewitt was a physician residing in Louisville, Lincoln county, Missouri]

[The following page of Document 22 appears to be in support of the claim by Dr. Prewitt]
"Notice waived by Ex in Open Court and 5.50 allowed in 2 class of demands Oct. 13 1875 E N Bonfils Judge" Filed 4/9/78 Newell Ackerman, Clerk

Document 23 Publisher's Certificate Dated 8 April 1878, and sworn on that date before E. N. Bonfils, Judge, states that The Troy Herald published a notice of final settlement on February 13, 20, 27 and March 6 1878 [sic]. [Publication was actually required, and done, in 1877]
Transcription of notice published on 13 February 1877:
"Final Settlement - All creditors and others interested in the estate of John Copenhaver, dec'd, are notified that the undersigned executors of said estate intends to make a final settlement of said estate at the next term of the Probate Court of Lincoln county, Missouri, to be holden at Troy in said county on the second Monday in April, 1878.
This 13th day of February, 1877.
M. S. & D. H. COPENHAVER, Ex'rs"

Document 24 Undated [complete transcript of the document]
"Now at this day comes Andrew J. Copenhaver Rebecca Crigger Artimecie Wright and Elizabeth Moore by their atty George W. Colbert and moves the Court to make an order upon D. H. Copenhaver and M. S. Copenhaver Executers of the Est of John Copenhaver to pay over to them the sum of five Dollars each being the amount devised to said parties by the last will and testament of said John John [sic] Copenhaver
Andrew J. Copenhaver
Rebecca Crigger
Artimecie Wright
Elizabeth Moore
by Geo W. Colbert their atty

Received of the above Executers the sum of $20.00 in full of the above amount
George W. Colbert"
[Andrew, Rebecca, Artimecia, and Elizabeth are believed to be the last living children of John by his first wife. Benjamin had died in Denton, Texas, in 1870, leaving a wife and two children and the estate did leave $5 to Benjamin's heirs. John S. Copenhaver moved to Oregon and was not found on the 1870 census. Both he and his sister, Sarah Copenhaver Brown, are believed to have died before their father and had left no heirs.]

Document 25 [complete transcript "Final Settlement Cr Dr
Date Apr 8 To amt. from Court settlement " rent of farm for 1876 " rent of farm for 1877 " Int recd on Rent note of 150.00 " Int on Note of M. S. Copenhaver " " " " " " " " " " " " " " " " " " " " " " " " " " " " _______
656 75
Cr.
By taxes for 1876 " " " 1877 Atty Fee J.F. Young Court fees Dr. Prewitt Med. attendance & Inc Dr. Moore Med. attendance ?????????? Allow claim of M.S. Copinhaver Int on ??? 10 % comp Clerk's fees Fees ?? R S. J??? J T services C?? on bal of estate 336.94 @ 5% ______
299 48
amt. pd. Geo. W. Colbert Atty of
acct of Rebecca Crigger, Andrew
J copenhaver, Elizabeth Artemesica Wright, Special Legacy
under the will $5.00 each _______ 319 48
_______
319 48 337 27
Leaving a balance due Approved & cert
E. N Bonfils Judge of legible parts of the document, spelling and grammar is that of the original]
of D.H. & M.S. Copinhaver Executors of the Estate of John Copinhaver submit the following Account Current for Final settlement of said Estate:
No. of Voucher Dollars Cts. Dollars Cts.
319 81
100 00
100 00
12 50
9 93
" J. N. Drumheller 2 80
" W. P. Jamison 84
" M. S. Copenhaver 2 35
" Elvira F. Copenhaver 4 92
" W. W. Copenhaver 31 00
" " " " 5 90
" M. S. Copenhaver 16 70
1 28 61
2 12 72
3 50 00
4 8 60
5 6 30
6 6 40
7 28 75
8 95 91
28 14
8 90
5 00
16 85
Moore &
20 00
April 9 1878 of

It is ordered that said executors observe the special legacy
due the heirs of Benj. F. Copenhaver Decd. amounting to 5 00
and for a further settlement in the sum of 3 77
Leaving for distribution the sum of 328 50
_______
Which sum of 328 50
is ordered to be distributed as follows
To David N. Copenhaver
" Martin S. "
" Zachariah M. " Each the
" Wm W. " sum of
" Cath. M. Moore $36.50
" May J. Jameson
" Eliza A. Copenhaver Subject in each case to any
" Elvira F. Copenhaver indebtedness due by said heir to the
estate
E. N. Bonfils Judge

D H & M S Copenhaver the above named admins on their oath states, that in the above settlement [blank space not filled in] has charged themselves with all the money and personal
effects belonging to said Estate that have come to their hands and not heretofore accounted for, and that the various amounts of the above credits have been by them paid out as stated according to law and the order of the Court, and that the whole amount of ready money actually received by them as such comes since last settlement (appointment) is 336.96 Dollars
[signatures]

David H. Copenhaver
M. S. Copenhaver

subscribed and sworn before me this 9th day of
April 1878
E. N. Bonfils Judge

Filed this 9 day of April 1878 by Newell Ackerman.
I, Newell Ackerman, clk
Court of Probate
Lincoln County, Missouri
certify that the within Settlement is recorded
in Settlement Book F, Page 139 "

Document 26
April 9 1878, receipt for payment of $8.90 for Probate Court Clerk's fees.

Document 27
April 8 1878, receipt for payment of $3.00 to the Troy Herald for publishing for 4 weeks the notice of the final settlement of the estate.

Document 28
April 6 1878, receipt for payment of $8.60 [purpose not legible, listed on final settlement as a court fee]

Document 29
Receipt for payment of $36.50 on 10 April 1878 to heir William W. Copenhaver

Document 30
Receipt for payment of $36.50 on 10 April 1878 to heir "Catharin Mooer" and Mastin Moore [Mastin was the husband of Catherine Copenhaver]

Document 31
Receipt for payment of $36.50 on 10 April 1878 to heir [name not legible]

Document 32
Receipt for payment of $36.50 on 10 April 1878 to heir E. J. and J. N. Drumheller [Emeline Copenhaver and her husband James Drumheller]

Document 33
Receipt for payment of $36.50 on 12 October 1878 to heir Elizabeth Copenhaver and John Copenhaver [John was a distant cousin]

Document 34
Receipt dated 14 Oct 1878 for $3.25 for Probate Court Clerk's fees. On the same page are possibly two other receipts (one dated 10 April 1878 and possibly a distribution to an heir). Both are illegible.

Document 35
14 October 1878, D. H. and M. S. Copenhaver appeared before E. N. Bonfils, Judge of the Probate Court to report further settlements for the estate. Amounts of $36.50 were reported as having been paid the surviving children of John by his second wife:
David H. Copenhaver
Martin S. Copenhaver
Zachariah Copenhaver
William W. Copenhaver
Catherine M. Moore
Emaline J. Drumheller
Mary J. Jamison
Eliza A. Copenhaver
Elvira F. Copenhaver

plus a clerk's fee of $3.25

Aside from a 52 cent balance, the only amount not paid as ordered was to the heirs of Benjamin F. Copenhaver, deceased. [Benjamin had died in Denton county, Texas in 1870]

Filed on 1 October 1878 in Settlement Book F, Page 191.

File contributed for use on USGenWeb/MOGenWeb Lincoln County Heritage Page by Richard Allen Avner, 6 November 2011.

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