WILL BOOK, 1829 - 1847

Jo Daviess Co., IL


The following abstracts were taken from the a book in the Circuit Clerk's Office, Jo Daviess County Court House, Galena, Illinois. It is identified only as "Will Book" on its spine.

[Pages 1 and 2 are missing]

DEMPSEY, John [page 3] first part of will is missing. The original will and estate papers were not found. Will dated January 9, 1829, proved September 31, 1831.

House and lot are to be sold. Mentions sister Mary, and brothers Lawrence, Michael and Mathew. Executor not named. Witnesses: Thomas CARROLL and John BROPHY.

JENNERET GRIS, Charles Henry [page 5] dated June 26, 1826, proved November 6, 1830 in Jefferson County, Indiana. A native of Soole, citizen of Vallangin Canton of Neuchatel in Switzerland, now residing in Madison, Jefferson County, Indiana. To son Philibert JENNERET GRIS house and lot in Madison, Indiana. TO wife Henrietta JENNERET DEIDEY now residing in Switzerland, all other real and personal property. At her death if any remains, it is to be distributed in equal proportions among my six children: Henrietta, Charlotte, Lucy, Nehy, Cecilia, Philibert and Adelle JENNERET GRIS. Executors: Felix BRANDT and Philibert JENNERET GRIS both of Madison, Indian. Codicil: [No date] In consequence of the death of the executors, appoints Alois BACHMAN and J. Peter PAUL executors. Property to be rented with proceeds payable to my wife in Switzerland. Property in Madison, Indiana and Brownstown, Jackson County, Indiana. Witnesses: John BUHLER and John DUBACH. Cecilia BRANDT appointed administrator.

KERR, Alexander [page 9], of Galena, dated July 16, 1833, proved June 22, 1834. Note: No heirs are named. Call on M.C. COMSTOCK and get him to take the bill of goods I bo't of him it is upwards of $100- I own a mineral lot on Fever river known by the name of ALLENRATH lot on which Mr. GILLETT owes me ten dollars- also 1/2 lot in partnership with Nelson HINMAN, also an entire interest more to one lot known by the name of the MOFFETT lot - sd lot Mr. WIGHT has in possession for me and is to have two thirds of what mineral he raises & I am to have one third- I own one fourth of a lot at New Diggings known & worked on by John CUNNINGHAM- One house on East Fork I wish to be sold to the highest bidder immediately. I have a judgment against WARD & GIBSON which- [sic]. My stock of goods in partnership Wm. WHITESIDES at Dubuque are one half of every thing belongs to me- It is my wish to have them divided as soon as it is conveniently be done- One half of house on the Island- One house & two lots in partnership with Wm. WHITESIDES- John FOLEY is debtor to me fifteen dollars- I wish all my fine clothes to be cleaned up & sold- one trunk of them are at Dubuques in care of Wm. WHITESIDES- The balance of clothing such as boots, shoes socks drawers & pantaloons hats coarse shirts I leave to John O NALE - There is a watch chain & seal which I give to Mrs. McGUIRE for her attention when at FOLEYS it is at FOLEY's. Items of accounts I want paid first. Mrs. Barney DIGNAN her act.- Mrs. James FOLEY, her act. Mrs. J. FURLONG act. Daniel Smith HARRIS act. The executors will not dispute any accts only Doctor's- will pay none of them- Executors: Patrick GRAY, Michael BYRNE. Witnesses: H.L. MASSEY, H. CAVANER, John STEWART.

HINMAN, Nelson L. [page 11], dated July 7, 1834, proved December 10, 1834. Of Joe Daviess County. To Paris DAVIS $100.00 for his education. To George BLANE $50.00, to Elizabeth DAVIS all the wearing apparel of my late wife Rosannah HINMAN and one good feather bed and bedding. To father Grove HINMAN all my estate real and personal not otherwise disposed. Wishes to be buried in the burying ground near Galena and decent grave stones with suitable inscriptions of self and late wife. Executors: Terrace B. FARNSWORTH, Abraham HATHAWAY. Witnesses: Mathias SHEARS, Mason C. TAYLOR, Moses HALLETT, David SOUTHWICH, David GREGORY. Codicil dated November 29, 1834 reduces legacies to Elizabeth DAVIS and Paris DAVIS by one half. Father's share now to wife Elizabeth HINMAN. If Abram HATHAWAY shall not return to this county in time to act as executor appoints wife Elizabeth HINMAN executor. Witnesses: Samuel W. HATHAWAY, Moses HALLETT, Joseph GLINES.

CLOPTON, Fleet S. [page 14], of Jo Daviess County, but now in the Territory of Michigan, dated March 17, 1829, proved October 7, 1834 by statement of Alexis PHELPS from Warren County, Illinois. Estate to brother Frederic CLOPTON and sisters Louisa A. LUCKET and Elizabeth STROTHER. Executor: Matthias COMSTOCK who is to transmit the proceeds of estate to Horace LUCKET of Loudon County, Virginia, to be by him divided between my brother and sisters. Witnesses: Alexis PHELPS, John LAY, S. P. WINTER.

GRAY, Patrick [page 17], of Jo Daviess County, dated January 12, 1836, proved [missing page]. To brother Martin GRAY $1000.00 for the use of his two sons James and Bernard. To brother Bernard GRAY $500.00. To brother Thomas GRAY $5.00 and no more. To sister Eleanor GRAY $500.00, and if she is not living, to the institution of the Sisters of Charity to which she did or does belong in Appelausas in Louisiana. $200.00 towards building the Catholic Church in Galena and $250.00 for the establishing the Sisters of Charity in the town of Galena. To brother-in-law James BROWN, 313 acres near Prairie du Rocher, Illinois, formerly belonging to my brother James GRAY, and having paid my brother Bernard GRAY $150.00 for his relinquishment of his right to one half of said tract, I direct and request him to make a deed of conveyance to said James BROWN. To sister Catharine MARTIN and to her children in the Parish of Clones near to the Chapel of Augdrumsee Ireland. Executors: Robert WALLER of Apple River and brother Martin GRAY of Galena. Witnesses: John DOWLING, James SPROULE.

EVANS, James [page 19 through 22 missing, ending fragment of this will on page 23, the following taken from the original will in Box 11], of Galena now lying sick in the City of Cincinnati, dated August 11, 1837. Considerable real and personal estate in Illinois and Territory of Wisconsin to Executors in trust for the use and benefit of his children. Wife can take her one-third dower at any time. Executors: Wife Phernba ? EVANS and brother John W. EVANS. Witnesses: Henry STARR, R.S. HARRIS, G.W.A. EVANS, Robert BURTON.

STORY, Thomas [page 24], dated November 1837, proved March 24, 1838. {This abstract taken from the original will in Box 2 since part of the will was on missing pages 25 and 26.] Forever release manumit set free and give liberty to the following named persons held by me as slaves: one Negro man call Harry GROSS about sixty years old, one negro woman called ESTER about fifty years old, one negro woman called DINAH about twenty eight years old, one negro boy about nineteen years old called CLAIBORNE, one negro girl about seventeen years old called GABARELLA, one negro girl called JULIA ANN about eleven years old, one negro boy called GARRETT about eleven years old, one negro boy called CLINTON about eight years old, one negro girl called ELISABETH about eight years old, one negro boy called HOWARD about six years old, one negro boy called HENRY about four years old. Bequeaths estate to Ester for the purpose of feeding, clothing and schooling all of the persons herein mentioned as by se set at liberty. Executor: Peter STORY a man of colour who I have heretofore with LEAH his wife and all their children set free. Witnesses: Moses HALLETT, John W. TAYLOR, Thomas S. BELDING.

SMITH, George [ending fragment on page 27, following taken from the original will in Box 12, dated April 25, 1838, proved May 7, 1838. Formerly of Derbyshire County, England, now of Jo Daviess County. Estate of the children of James SMITH, deceased, late of Blainsville, Indiana County, Pennsylvania. Executors: Peter MARSDEN and William GOLDTHORPE. Witnesses: George PILGRIM and Mary Ann (her X mark) JORDAN.

STEPHENSON, J[ames] W., dated August 11, 1838. Estate to wife Ellen STEPHENSON and at her death to my son Kyle STEPHENSON. Property includes land on Rock River in Ogle County, Illinois, Galena lots 4,5,6,6,8,9 in Block 17 east of Fever River, household furniture, carriages and horses, slaves and all other personal property. Executors: Thompson CAMPBELL, Daniel WANN. Witnesses: J.P. HOGE, A.G.S. WIGHT, A.T. CROW.

DORMAN, Miles [page 30], of Savanna, Illinois, dated August 22, 1838. Homestead property of the house we now occupy deeded to me by Luther H. BOWEN and embracing 86 feet of ground in front to wife Ann DORMAN. In the event of her marriage or demise the property to my son Isaac DORMAN and daughter Mary DORMAN. Son Edwin DORMAN to have the value of $500.00 in property, daughter Mary DORMAN the lot purchased of William B. GOSS when paid for, and to son Isaac DORMAN money or property equal to Mary's lot to be set aside for his education. Property in Michigan to be sold for Isaac DORMAN. Executors: Luther H. BOWEN of Savanna and Henry HINKLEY of Iowa Territory. Witnesses: Hezekaih FRANCES, James WILSIE, James KIMBALL.

SMITH, William [page 32] of Galena, dated May 7, 1838. To wife Julia SMITH my lot and house in Bellview in Dubuque County, Wisconsin Territory. To oldest son Henry SMITH also to Sycurgas SMITH, my second oldest son, and Jerome SMITH and Jane Agnes SMITH my youngest daughter, Lot No. 7 from the corner of Church Street in the City of New York. Also 650 acres in Livingston County, Kentucky. Witnesses: P. HOGAN, John BULLINGTON. N.B. The Lot No. 7 from the corner in Church Street in the City of New York was willed and bequeathed to William SMITH by his father James SMITH about the year 1806 the said William SMITH mother was named Elenor SMITH alias HAMMON and wife to James SMITH.

GARY, Abraham [page 34], dated August 30, 1839, proved December 3, 1839. After my just debts are paid, pay over to my nearest relations according to law. Executors: James McSHERRY and Hiram McGOON of Jackson County, Iowa Territory. Witnesses: Thomas MORRISON, Hiram McGOON, James McSHERRY.

DIGNAN, Bernard [page 38], dated August 2, 1840, proved August 4, 1840. To wife Mary DIGNAN life estate in the lot and dwelling house, store and other improvement where I now reside on Main Street. Also all the furniture in my dwelling house. Son [not named] to receive the lot on which I live together with the buildings. Residue to be divided equally among all my children including my son. Trustees: Reverend Samuel MAZZUCHELLI, Philip BARRY, Nicholas DOWLING of children's estate. Guardians: Reverend Samuel MAZZUCHELLI and wife Mary DIGNAN. Executors: Philip BARRY and Nicholas DOWLING. Witnesses: John DOWLING, Ben P. CROSSMAN, Dominic DIGNAN, John STARK.

RYAN, Lawrence [page 43], dated April 25, 1840, proved March 3, 1841. To wife Ellen HOWARD RYAN $50.00, furniture in my dwelling house, and Lot 23 on Main Street in Galena on which dwelling house now stands with the use of the dwelling house. Trustees: Right Reverend Matthias LORAS and Michael MURPHY of Lot 24 on Main Street on which my stable now stands, and lot 1 in Square A and reversion of Lot 23, until my youngest child if a male reaches the age of 21 years or if a female the age of 18 years. Guardians: Right Reverend Matthias LORAS and Michael MURPHY. Executors: Reverend Samuel MAZZUCHELLI and Philip BARRY. Witnesses: Michael BYRNE, Nicholas DOWLING, John REILEY, Reigins PETIOT all of Galena. Codicil dated April 28, 1840: $100.00 to Right Reverend Mathias LORAS D.D. to expend for charitable purposes. Witnesses: Same as will. Codicil dated February 15, 1841: I have this day leased unto William H. HOOPER the two lots on which my dwelling house and stable now stands. Rents to wife but if she shall marry during the lease then 3/7 of rents of wife and residue to trustees for support of children. Witnesses: W.C. BOSTWICK, John STARK, Walter F. FRANKLIN, W.H. HOOPER all of Galena.

GOLDSWORTHY, Colin [page 56], formerly from the County of Cornwell, England, but now of Jo Daviess County. Dated May 6, 1841, proved (blank) day of July 1841. All real and personal estate to wife Susannah GOLDSWORTHY late Susannah JOHNS. If my wife remarries then all my estate to Edward JOHNS and EDWIN JOHNS sons of my wife SUSANNAH GOLDSWORTHY. Executors: wife Susannah GOLDSWORTHY and Edwin JOHNS. Witnesses: Joseph WHITHAM, David ANDERSON, Dan STONE. Codicil dated July 4, 1841. Edward Johns GEORGE the grandson of my wife Susannah GOLDSWORTHY, now 12 years of age the sum of $100 per year after death of wife Susannah until he attains 21 years.

KEHOE, Morgan [page 57], dated October 8, 1838, proved August 23, 1841. To Alferd CASH property I have occupied and improved since June 1, 1836 on which my cabin is now standing bounded on west by the River Mississippi, on east by land occupied by Alferd CASH, on the North by land of John SPERRY, and on the south by land of Hugh McDONALD, otherwise described as NW 1/4 Sec 27 T28 North R 1W according to Charles R. BENNET's survey of May 1838. Also to Alferd CASH stock cattle, swine, lumber, hay, potatoes, wood, fences, wagon, plough and farming tools. A lot of wood say 16 to 20 cords now lying near EADS place in Galena where GOMAR lives. A debt of $33.50 being balance due for rails from James G. SOULARD. A debt of $8 from MEAD who lives in Thomas OLERYS house for hay delivered. To Hugh McDONALD all the lumber round and hewed now lying on said McDONALDS lot in the town of Galena. To John SPERRY my gun, canoe and all lumber and cord wood and rails belonging to me on the Island in the Mississippi River opposite to the claim on which I reside. Also $50.00. To the two daughters of John SPERRY $25.00 each. To John L. SLAYMAKER the amount due to me on two notes dated August 28, 1835 made by James SPROULE and said SLAYMAKER. To Mrs. John CAMPBELL $100.00 in consideration of kind treatment received at her hands. To each and every Religious Congregation established in Galena at the day of execution of this instrument $25.00. Executors: Philip F. SCHIRMER, John L. SLAYMAKER. Witnesses: CHARLES R. BENNET, Wm. SMITH, John STARK, John B. POWELL, Louis CHATELAIN, John HARRIS.

GRAY, John [page 64] dated July 22, 1842, proved May 3, 1843. Following property to Mother and sister Jane, at mother's decease, all to sister Jane. At Jane's decease to her children if she should marry. Else to nephew Andrew CAMPBELL Junr. Moneys collected from debts due me. Lot 66 Gratiot Street on which I now live together with the buildings thereon. Lot I own on Gratiot and fronting also on Shears Street. They are liberty to sell it. If Andrew CAMPBELL Junr. inherits Lot 66, then this lot to my sister Nancy's children. To Samuel CAMPBELL honey owned in common by myself and Samuel CAMPBELL. Farm I purchased of John MILLER to be sold to Samuel CAMPBELL for the same money which I was to give for it and said money to be paid to John MILLER. Executors: Horatio NEWHALL, John MILLER, Samuel CAMPBELL. Witnesses: James MILLER, Samuel CAMPBELL, William JENKINS, Thomas (his X mark) SIMPSON, J. DODGE

GLOVER, Benjamin [page 67], of Jo Daviess County, dated October 17, 1842, proved October 27, 1842. All property to Gilbert SUMNER. Executor: Gilbert SUMNER. Witnesses: John MOORE, Alexander BURNETT.

WADDELL, James [page 69], of Jo Daviess County, dated November 18, 1842, proved May 2, 1843. To Mother, Mary WADDELL, Lot 32 on Main Street between Main & Bench in City of Galena. Real estate in Iowa County, Territory of Wisconsin. Also all my other property both real and personal not particularly named. After Mother's decease, property to be equally divided between my four surviving brothers: William A. WADDELL, Isaac WADDELL, Samuel J. WADDELL, John WADDELL. Executors: Marcus L. ATCHISON, George M. MITCHELL. Witnesses: Hugh BOYD, James DePUI, John S. CRAWFORD.

STEWART, Wallace [page 71], dated April 17, 1843, proved August 1, 1843. Balance of my effects including my clothing and watch be sent to Newton STEWART, Parish of Stran?, County Tyrone, Ireland. Clothing and watch to brother. Rest equally divided between my mother Sarah CUNNINGHAM formerly Sarah STEWART and my brother William STEWART both living at the above mentioned place. Executors: Edwin RIPLEY, Wm. D. MOOREHEAD. Witnesses: S. HUGHLETT, F. STICKLE, O.S. JOHNSON.

DUNCAN, Samuel C. [page 73], dated December 8, 1842, proved August 28, 1843. To wife Hannah DUNCAN household furniture, 1/3 part of real estate and 1/3 part personal estate. To son Isaiah DUNCAN $50.00 being all that he is to receive for the reason that he has heretofore received his just and full share. Two-thirds of personal property to wife Hannah DUNCAN for education of children who are now minors viz Catharine WENALL, wife of William WENALL deceased, Ann DUNCAN, Susan DUNCAN, Sarah Jane DUNCAN, and Virginia DUNCAN. Two-thirds of real estate to sons Sylvester Franklin DUNCAN and Edwin Cornelius DUNCAN. Executors: Philip F, SCHIRMER, Daniel A. BARROWS. Witnesses: Horatio NEWHALL, A. COLARD, F.E. BERGMAN, John E. SMITH, Lucius E. FELT.

THOMPSON, Elbridge B. [page 79], dated June 13, 1843, proved August 29, 1843. "This is my last will and testament to be revoked only by my return or at my own request. ... Money remitted to me on my journey (if I should fall short of funds) either by mail or some other safe conveyance." To brother Harvey W. THOMPSON 3/4 of my part of the preemption claim and an equal portion of the part not preempted together with 3/4 of my part of all the goods & chattels of the premises. Remaining 1/4 to sister Laura S. HEATH. Executors: Brother and partner, Harvey W. THOMPSON. Witnesses: George DEEDS, Seth PATRIDGE.

MURPHY, Patrick [page 81], dated October 6, 1843, proved October 28, 1843. Lot on Perry Street and lot on the corner of Bench & Franklin not paid for yet in trust to Thomas Drum and Nicholas Dowling with rents to Roman Catholic Orphans Asylum of Galena. To sister Bridgett FORTUNE of the townland of Inch, County of Wexford, Ireland $300.00. To sister Anastasia WALSH of St. Louis $100.00. Land in Iowa County, Wisconsin Territory together with my interest in mineral diggins situated near Shullsburg be sold with proceeds to niece Margaret HANMAN of St. Louis and nephews Andrew MURPHY of Galena, William FRENEY, Thomas FRENEY and Thomas MURPHY of St. Louis. Executors: Thomas DRUM, Nicholas DOWLING. Witnesses: John S. CRAWFORD, G.N. OSTLANGENBERGER, Nathan SHOEMAKER, James DOYLE.

MURPHY, Michael [page 84], dated October 13, 1843 proved November 7, 1843. To eldest son Andrew MURPHY a lot in Galena fronting 24 feet on Main extending to Commerce being 11 feet off south side of Lot 27 and nine feet off the North side of Lot 26 on which stands the building occupied by BANCROFT for a Saddlers Shop. To son Michael MURPHY a lot in Galena fronting 20 feet on Main Street extending to Commerce Street off the South side of Lot 25 on the corner of Hill and Main Street on which is a building occupied for a grocery. To eldest daughter Mary Ann MURPHY, 18 feet 6 inches of Lot 25 and 26 aforesaid being next to and adjoining the north side of the lot bequeathed to Michael on which stands a part of the store house formerly occupied by STEWART & BROWN. To daughter Catharine MURPHY remainder of lots 25 and 26 about 18 feet 6 inches on which is a store house now occupied by J.B. MENICK. To daughter Lucy MURPHY the south one-half Lot 65 on corner of Hill and Commerce, the said lot to be divided by a line extending from the centre of said lot on Commerce Street to the center of the rear line of said lot. To daughter Margaret MURPHY the remaining north one-half of Lot 65. To wife Lucy MURPHY the use, improvements and income of my new stone dwelling house and the lot on which it stands situated on the west side of Broadway. To an posthumous child the reversion of Broadway lot. Executors: Thomas DRUM and Owen REILEY. Witnesses: Michael GORMAN, Samuel MARTIN, Artemas L. HOLMES.

FARNAN, Michael [page 90], a blacksmith of Galena, dated December 7, 1843, proved December 18, 1843. Bequeaths all property to the Catholic Orphan Asylum of Galena. Directs burial to be in the Catholic grave yard in Galena. Executors: Rev. Reiglius PETIOT and Edward GRACE. Witnesses: James F. DUNN and Jeramiah McALARY.

HUDSON, William E. [page 92] dated December 29, 1843, proved January 8, 1844. To eldest son Wain E. HUDSON, $12.00. To daughter Caroline WILLIAMS the balance of my estate consisting of land claimed, money due, and all other personal property except my Rifle Gun which I bequeath to the first born son of my daughter Caroline WILLIAMS. Not being able to write I appoint Josiah COULER to subscribe my name to this will. Executor: Mabad THOMPSON. Witnesses: Josiah COULER, J.A. COFFEE, Joseph COWGILL, John McDONALD

GRAY, Bernard [page 94], of Galena, dated February 7, 1844, proved January 25, 1845. To wife Mary Ann GRAY the house and lot in Galena, Lot 51 on Bench Street to be held by her in trust for the term of seven years for the maintenance of herself and my three children. Then to be sold and the proceeds equally divided among my three children (not named). Other property is to be sold to pay debts including: undivided half of one acre of ground in the town of Dubuque on which here is due to Robert WALLER the sum of $10.00 which is to be paid when he as administrator of the estate of Abraham WILSON will make a deed for the same. Also Lot No. 1 in Block 22 in the City of Galena. Also one horse, one horse colt, a cart and harness and any other personal property that is not of any use to my family. Executors: Brother Martin GRAY and James MARTIN. Witnesses: John CAMPBELL and THOMAS MARTIN.

REILLY, John [page 97], dated March 6, 1847, proved April 2, 1847.. To wife Mary REILLY the rents and profits of all my real estate during her life. If she remarries she is to receive one-third of the rents. To daughter Lucy Ann REILLY all my estate at the death of wife. In the case of Lucy Ann's death without heirs, all of the estate to the Sisters of Charity in Galena. To brother Owen REILLY $100.00 for the considerable trouble and expense in attending to my business. Executors: Owen REILLY and Thomas FEEHAN. Witnesses: Martin FEEHAN, T. DRUMMOND, John STEWART. Codicil dated March 7, 1847. In case of Lucy Ann's death without heirs and wife Mary's remarriage, Mary can devise and bequeath her one-third to such person or persons as she shall deem fit. Witnesses: Martin FEEHAN, T. DRUMMOND.

Page 102 is the last page of this will book.