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Author: JohnMcX
Surnames: McCartney, Higgenbotham, Crockett, Egbert, Gilbert, Thomas, Whitman
Classification: will
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Benjamin F. McCartney 1823-1857 will summary
(This is a longer and more detailed will summary. I now have a copy of the original. Obit
and other information is also included)
St, Joseph County, Indiana, Archives in South Bend
1st: That all debts and funeral expenses be paid.
2nd: To the 6 children of my brother Nathaniel McCartney, late of Oregon Territory,
deceased, William Henry, Mary Louisa, Benjamin Franklin, Albert, John and the youngest
whose name is unknown to me [Thomas Nathaniel McCartney] 1,599 and 11/100s acres of land
located in section 12, 13, 24, 36 in Hardin County, Iowa.
3rd: To my niece Mary Jane Higgenbotham, wife of Dr. Samuel Higgenbotham, 320 acres of
land located in sections 13, 20 and 24 in Marshall County, Iowa.
4th: To my neice Mary Minerva Crockett, the daughter of Harrison M. Crockett and my sister
Gabrilla Crockett, 400 acres of land located in sections 23 and 26, in Washington County,
Iowa.
5th: To Hiram McCartney, son of my deceased brother William McCartney [and Nancy (Egbert)
McCartney], 154 and 48/100s acres of land located in section 4, in Marshall County, Iowa.
6th: To Eliza Jane, daughter of my deceased brother William [and Nancy (Egbert)
McCartney], who is now married but the name of her husband I do not recollect [William
Timothy Gilbert], 80 acres located in section 32, in Marshall County, Iowa.
7th: To my nephew Hiram [Malcolm] Thomas, son of Ezekiel Thomas and his wife Mary Thomas,
my deceased sister, 80 acres of land located in section 36, in Washington County, Iowa.
8th: To my niece Gabriella Thomas, daughter of Ezekiel Thomas and his wife Mary Thomas, my
deceased sister, 80 acres of land located in section 25, in Washington County, Iowa.
9th: To Martha Ann Crockett, daughter of Harrison M. Crockett by a former wife now
deceased but no blood relative of mine, 80 acres of land located in section 34, in Hardin
County, Iowa.
10th: From the remainer of my estate, I direct my executor to pay from time to time a sum
not exceeding four hundred dollars to each of my nephews Hiram McCartney and Hiram Thomas
for their education or whatever my executor shall deem most beneficial.
11th: The remainder of my estate to the said children of my brother Nathaniel or to the
survivors of them for the purposes of giving them a good education. I enjoin it as a duty
upon my executor to have them properly and sufficiently educated. I direct my executor, as
fast as the said children of my brother Nathaniel shall arrive, to pay over pro-rata share
of what remains.
12th: That the lands herein not be sold until turned over to heirs.
13th: To carry out the provisions of this this will, my executor may sell and disperse of
all of my estate but not to dispose of my land in Iowa until actually needed.
14th: I appoint my friend William G. Whitman, of South Bend, Indiana, sole executor of
this my will.
25 Dec 1856
Benj. F. McCartney -- Seal
Witnesses: John H. Harper, John T. Lindsey, William Ruckman and James Davis.
Sworn by Witnesses John H. Harper and William Ruckman in Court of Common Pleas, St. Joseph
County, Indiana, on 4 Feb 1857.
Samuel McChord, Clerk
Recorded on Pages 321-326, in the record of Wills, St. Joseph County, Indiana, 4 Feb 1857
Recorded on Pages 26-29 in the book of wills in the office of the county judge in Hardin
County, Iowa, on 25 Jan 1858.
[Total of 2793 acres of land included in will]
Benjamin F. McCartney obit
Newspaper: St Joseph Valley Register, South Bend, Ind., 5 Feb. 1857, Page 3
DIED
On Saturday, Jan. 30, at the residence of his brother-in-law, H.M. Crocket, of
Consumption, Benjamin F. McCartney.
His funeral was attended by a large concourse of people, and was in charge of South Bend
Lodge, No. 29, I.O.O.F., of which Order and Lodge he was a respected and valuable member.
---
Benjamin McCartney, Cause of death: Consumption. Age: 34. Died: 31 Jan 1857. Buried:
City Cemetery, South Bend, Ind.
-- City Cemetery Burials 1828-1875
St. Joseph Public Library, South Bend, Ind.
---
City Cemetery tombstone, South Bend, Ind., Benjamin F. McCartney
Death: Jan. 31, 1857
Burial: City Cemetery
South Bend
St. Joseph County
Indiana, USA
Memorial is engraved:
BENJAMIN F. M'CARTNEY
died 01/31/1857
age: 34 years
[birth: abt 1823, likely in Ohio or Indiana]
---
Passport application of Benjamin F. McCartney
24 Apr 1856
[While this is filed as a passport application, I would guess that it's actually a
bit of fill-in-the-blanks paperwork for a passport that Benjamin had used previously.
It appears that the Dept. of State did not have a full physical description of him and
this paperwork was sent in from South Bend, Ind. Benjamin died of consumption/TB nine
months after this was signed. jm]
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