1833 Switzerland County, Indiana Probate Court Rules

The following is a transcription of the 1833 probate court rules from Switzerland County, Indiana
“Indiana, Wills and Probate Records, 1798-1999,” Ancestry.com (http://search.ancestry.com/search/db.aspx?dbid=9045 : accessed 26 June 2017); Switzerland > Probate Order Book, Vol 1, 1814-1824, 1831-1837 and 1837-1841 > image 221, 1831-1837, p. 127.

May Term 1833

The Court now adopts the following rules for the government of this Court which is ordered to be spread on the words, to wit,

  1. All attorneys are to be sworn faithfully and impartially to perform and discharge the duties of an attorney of this Court &c.
  2. At the meeting of the Court on Each day, all the officers &c. will be expected to be present to attend to their several duties when called on, and it shall be the duty of the sheriff on each meeting of the court to call all the attornies [sic] attending the same in an audible voice
  3. The minutes of the preceding day must be read every morning by the Clerk before any business are taken up, the attorneys concerned, are requisted [sic] to attend and see that the enteries [sic] are correctly made by the Clerk.
  4. Motions must be made as soon as the minutes are read and signed on each day of the term, and onley [sic] one attorney will be allowed to argue motions on each side, unless the Court, under peculiar Circumstances should wish to hear Others.
  5. In all cases the attorney holding the affirmation shall have the opening and closing of the question.
  6. The Clerk will Docket litigated cases first in order, and each day of the term not incompatable [sic] with the laws and attornies [sic] in making motions will be heard in order according to their seniority.
  7. The Causes on the docket will be called and tried in the order in which they stand, unless for good cause shewn & case may be passed over or Continued by Consent.
  8. In Chancery cases councel will furnish the Court with epitome of each case the points and brief of the authorities they rely on, with references to evidence in support of the several points material to be examined, when required, and will in all cases, write the decrees and submitt [sic] them to the Court for approval or correction.
  9. When Counsel is addressing the Court or a Jury the opposing Counsel must be silent, In addressing the court the attorney will rise to his feet in his place and when he has closed his address he will immediatly [sic] resume his seat, and remain silent untill [sic] his oponent [sic] has closed his remarks, and while one attorney is speaking the others must keep their seates [sic].
  10. While one attorney is examining a witness the opposing counsel will not be allowed to interrupt him by cross examining the witness, but will wait untill [sic] he is told that the examination of the witness in Chief is ended.
  11. On the first day of each term, the Court will meet at eleven of the clock on each suceeding [sic] day at nine of the Clock.

1832 Guardianship of William and Mary Ann Evertt

The guardianship below reminds us of two things when looking at probate records.

  1. Children did not have to be orphans for a guardian to be appointed for them.
  2. Probate records can tell us important details about the lives of our ancestors.

“Indiana, Wills and Probate Records, 1798-1999,” Ancestry.com (http://search.ancestry.com/search/db.aspx?dbid=9045 : accessed 23 Jun 2017); Switzerland > Probate Order Book, Vol 1, 1814-1824, 1831-1837 and 1837-1847 > image 202; 1831-1837, p. 88.

November 1832 Term of the Switzerland County, Indiana Circuit Court

Now here comes William Evertt and makes report to this Court that he will be seventeen years of age on the 27th day of May 1833. That his father William Evertt left this county not to return as he believes leaving the said William entirely destitute of the means of support, and to the mercy of the world &c and prays the Court to appoint James Froman guardian of his person and Estate until he shall arrive at the age of 21 years on said Fromans giving bond according to law Whereupon the said James Froman is by the Court appointed guardian of the person & Estate of the said William Evertt according to the prair [prayer] of the petitioner on his entering into bond with security to be approved by the Clerk in the Sum of Fifty dollars conditioned as the law directs within fifteen days after the rising of this Court.

Now here Comes David Fallis and files his petition praying to be appointed guardian of the person and estate of Mary Ann Evertt until she shall arrive at full age she being abandoned by her parents and left without means of support. She will be fourteen years of age shortly. Thereupon the said Mary Ann comes and consents to said Appointment. And the Court now appoints the said David Fallis guardian of the said Mary Ann until she arrives at the age of eighteen years according to this prayer Then he entering into bond in the sum of fifty Dollars with Security to be approved by the Clerk of this Court within fifteen days after the rising of this Court conditioned as the law directs.

Guardianship of Pomp – 1831

From the May 1831 Term of the Switzerland County, Indiana Probate Court.

The following is a transcription from:
“Indiana, Wills and Probate Records, 1798-1999,” Ancestry.com (http://search.ancestry.com/search/db.aspx?dbid=9045 : accessed 19 June 2017); Switzerland > Probate Order Book, Vol 1, 1814-1824, 1831-1837 and 1837-1841 > image 161, 1831-1837, p. 7.

Comes Thomas Armstrong and prays that Charles Henderson of Switzerland County be and he is hereby appointed Guardian of the Person and property or estate of Pomp a boy of color aged about seventeen years, who was brought to Vevay by a certain Jacob R Evertson late of Vevay, said Pomp is said to be a native of the state of New York. On said Charles Henderson entering into bond and security as the law directs with Thomas Armstrong his security in the sum of one hundred dollars within ten days after rising of this court.

Find more Switzerland County Probate Records.

1814 Divorce of Nancy and Benjamin Whitford

Early Indiana divorces may have been granted by the Indiana General Assembly and recorded as private laws. The divorce of Nancy and Benjamin Whitford of Dearborn County, Indiana in 1814 is one example. Due to the Dearborn County Courthouse fire in March 1826 that destroyed all of the county’s records, this marriage and divorce are preserved within the state’s records. Discover more laws in the Historic Indiana Law Project.

Ewbank, Louis B. and Dorothy L. Riker, editors. The Laws of Indiana Territory, 1809-1816. Indianapols : Indiana Historical Bureau, 1934.

Fifth General Assembly of the State of Indiana, First Session, 1814.

Page 727

AN ACT for the relief of Nancy Whitford.

Whereas it has been represented to this Legislature, That  Nancy Whitford, of Dearborn County, in this Territory, was formerly married to one Benjamin Whitford, who not only refused to provide food and apparel for her, but likewise deserted her—And whereas it has likewise been represented that the said  Nancy Whitford, but now Nancy Ives, being herself deserted by her husband Benjamin Whitford, and being in a forlorn and distressed situation, and being informed of the said Benjamin Whitford’s having contracted a second marriage, she was induced to contract on her part a marriage, with one Nehemiah Ives, and as some doubts have arisen with respect to the legality of her marriage with the said Nehemiah Ives, Therefore

Be it enacted by the Legislative Council & House of Representatives, and it is hereby enacted by the authority of the same, That the said Nancy shall from the said Benjamin be and she is hereby divorced from the bands of matrimony contracted between them; and the marriage which  was contracted by the said  Nancy with the said  Nehemiah is hereby legalized to all intents and purposes, and shall be so taken & esteemed, as well within as without all courts of Judicature, & Tribunals whatsoever—any law, usage or custom to the contrary hereof notwithstanding.

Approved 2d September 1814

Mother-in-Law as Administratrix

John D. Colt or Coult, of Switzerland County, Indiana, died in 1829. Since he did not leave a will, his widow, Frances Colt, had the right to administer his estate. Frances renounced the administration and requested that her mother, Ann Hacket be appointed administrator. Ann was granted the letters of administration and filed her bond on 2 November 1829 for $400 with John Gibbons as her securities.

 

At the estate sale on 6 February 1830, Ann was the only purchaser listed.

“Indiana, Wills and Probate Records, 1798-1999,” digital images, Ancestry.com (http://search.ancestry.com/search/db.aspx?dbid=9045 : accessed 13 June 2017); Switzerland > Probate Record Vol A, 1827-1834 > image 184, p. 347, Estate of John D. Colt.

Historic Indiana Law Project

Laws help us understand what our ancestors could do legally and the consequences of their illegal activities. Laws give us additional details about our ancestors lives. We may find that our ancestor served on a jury. The laws of the time tell us how old a person had to be , if they had to own land, or if they could be female to serve on a jury. Laws also tell us reasons why a person could be excused from jury duty.

Because laws are so important to genealogy, I’ve added a new project to my Indiana’s Gore website. The Historic Indiana Law Project allows you to find digital copies of published Indiana laws for each session of the General Assembly. Currently the project includes links through 1852 (if available). Additional years will be added over time.

The project also includes lists of the laws to aid in finding amendments and repeals to previous laws.

In the future, links will be also be added for the Journals of the Indiana House of Representatives and Senate. These journals provide the minutes of each session and may include additional details about laws that were passed as well as bills that failed.

Please let me know if you find any additional digitized Indiana laws books so I can add them to the project or if you have any comments.

Lectures at FGS 2017

The 2017 Federation of Genealogical Societies Conference is August 30 to September 2 in Pittsburgh, Pennsylvania. The conference is a great way to take you genealogy skills to the next level with a wide variety of topics and speakers.

I will be giving 2 lectures on “Society Day” on August 30:

  • 11:00 AM – Creating Quality Databases for Your Society Website – Discover ideas for online databases for your society’s members and tips and tricks for creating them.
  • 3:30 PM – Creating a County Record Guide – Put your society’s knowledge into a printed or online guide to help members and nonmembers find records in your area.

These lectures are based on the tips and tricks that I have learned while building my Indiana’s Gore website. That site provides research guides for the region of southeastern Indiana known as the “Gore” and databases for records for Dearborn, Ohio, and Switzerland Counties in Indiana.

Register by July 1st to save $40.

Peter Anton Eiswirth Family

This family profile is part of the ICC Families Project. The project seeks to piece together the families that attended Immaculate Conception Church in Limestone Township, Lycoming County, Pennsylvania.

Alternate surname spellings: Eiswerth, Eiswert, Eiswirt.

Peter Anton Eiswirth, son of Georg Eiswirth and Margarita Lorson, born 1 November 1854 and died 1931.[1] He married Elisabeth Scheuer on 8 May 1877.[2] She was born 23 January 1853 and died 21 February 1895.[3] They were buried in ICC Cemetery.[4]

Children of Peter Anton Eiswirth and Elisabeth Scheuer, all born in Pennsylvania:

  1. Anna Maria Eiswirth born 13 March 1878.[5]
  2. Barbara Eiswirth born 12 January 1880.[6]
  3. Margaretha Anna Maria Eiswirth born 22 May 1881.[7]
  4. Annie Eiswirth born January 1886.[8]
  5. Lawrence Eiswirth born May 1887.[9]
  6. Lizzie Eiswirth born June 1889.[10]
  7. Kate Eiswirth born June 1891.[11]
  8. Lena Eiswirth born March 1893.[12]

[1] ICC Baptisms, p. 17. Also, ICC Cemetery, p. 47.

[2] ICC Marriage Register, p. 18.

[3] ICC Cemetery, p. 37.

[4] ICC Cemetery, p. 37 and 47.

[5] ICC Baptisms, p. 91.

[6] ICC Baptisms, p. 96.

[7] ICC Baptisms, p. 100.

[8] 1900 U.S. Census, population schedule, Limestone Township, Lycoming County, Pennsylvania, enumeration district (ED) 52, sheet 3A, dwelling 39, family 39, Peter A Eiswert household

[9] 1900 U.S. Census, population schedule, Limestone Township, Lycoming County, Pennsylvania, enumeration district (ED) 52, sheet 3A, dwelling 39, family 39, Peter A Eiswert household

[10] 1900 U.S. Census, population schedule, Limestone Township, Lycoming County, Pennsylvania, enumeration district (ED) 52, sheet 3A, dwelling 39, family 39, Peter A Eiswert household.

[11] 1900 U.S. Census, population schedule, Limestone Township, Lycoming County, Pennsylvania, enumeration district (ED) 52, sheet 3A, dwelling 39, family 39, Peter A Eiswert household.

[12] 1900 U.S. Census, population schedule, Limestone Township, Lycoming County, Pennsylvania, enumeration district (ED) 52, sheet 3A, dwelling 39, family 39, Peter A Eiswert household.

Jacob Eiswirth Family

This family profile is part of the ICC Families Project. The project seeks to piece together the families that attended Immaculate Conception Church in Limestone Township, Lycoming County, Pennsylvania.

Alternate surname spellings: Eiswerth, Eiswert, Eiswirt.

Jacob Eiswirth, son of Ludwig Eiswirth and Theresa Westrich, born 12 June 1851 and died 3 May 1931.[1] He married Rebecca Engel on 2 June 1874.[2] Rebecca was born 28 July 1854 in Pennsylvania to Karl Engel and Maria Magdalena Egold and died 20 December 1924.[3] They were buried in St. Boniface Cemetery.[4]

Children of Jacob Eiswirth and Rebecca Engel, all born in Pennsylvania:

  1. Charles W Eiswirth born January 1875.[5]
  2. Maria Emilia Eiswirth born 21 February 1882.[6]
  3. Amanda F Eiswirth born September 1885.[7]

[1] Catholic Cemeteries of Lycoming County, no. 2914.

[2] ICC Marriage Register, p. 17.

[3] ICC Family Book, no. 156. Also, Catholic Cemeteries of Lycoming County, no. 2939.

[4] Catholic Cemeteries of Lycoming County, no. 2914 and 2939.

[5] 1900 U.S. Census, , population schedule, South Williamsport, Lycoming County, Pennsylvania, enumeration district (ED) 74, sheet 12B, dwelling 242, family 260, Jacob Eiswerth household; digital images, Ancestry.com (http://www.ancestry.com : accessed 30 May 2017).

[6] ICC Baptisms, p. 103.

[7] 1900 U.S. Census, population schedule, South Williamsport, Lycoming County, Pennsylvania, enumeration district (ED) 74, sheet 12B, dwelling 242, family 260, Jacob Eiswerth household.

Ludwig Eiswirth Family

This family profile is part of the ICC Families Project. The project seeks to piece together the families that attended Immaculate Conception Church in Limestone Township, Lycoming County, Pennsylvania.

Alternate surname spellings: Eiswerth, Eiswert, Eiswirt.

Ludwig Eiswirth, son of Ludwig Eiswirth and Theresa Westrich, born 1849 and died 1928[1]. He married Maria Duncher on 7 May 1871.[2] Maria was born 24 June 1850 to Michael F Duncher and Maria Schilling and died 1926.[3] They were buried in ICC Cemetery.[4]

Children of Ludwig Eiswirth and Maria Duncher, all born in Pennsylvania:

  1. Charles Eiswirth born circa 1873.[5]
  2. Johann Edward Eiswirth born 14 October 1875.[6]
  3. Maria Elizabeth Eiswirth born 9 September 1877.[7]
  4. Theresa Catharina Eiswirth born 3 March 1880.[8] She died 11 April 1884 and was buried in ICC Cemetery.[9]
  5. George Eiswirth born 25 March 1882.[10]
  6. Edward Eiswirth born June 1885.[11]
  7. Augustus Eiswirth born August 1886.[12]
  8. Agnes Eiswirth born October 1890.[13]

[1] ICC Cemetery, p. 45.

[2] ICC Marriage Register, p. 15.

[3] ICC Family Book, no. 30. Also, ICC Cemetery, p. 45.

[4] ICC Cemetery, p. 45.

[5] 1880 U.S. Census, population schedule, Limestone Township, Lycoming County, PA, enumeration district (ED) 53, page 1, dwelling 6, family 6, Lewis Eisenworth household.

[6] ICC Baptisms, p. 84.

[7] ICC Baptisms, p. 89.

[8] ICC Baptisms, p. 96.

[9] ICC Cemetery, p. 40.

[10] ICC Baptisms, p. 103.

[11] 1900 U.S. Census, population schedule, Limestone Township, Lycoming County, Pennsylvania, enumeration district (ED) 52, sheet 2A, dwelling 18, family 18, Lewis Eiswert household.

[12] 1900 U.S. Census, population schedule, Limestone Township, Lycoming County, Pennsylvania, enumeration district (ED) 52, sheet 2A, dwelling 18, family 18, Lewis Eiswert household.

[13] 1900 U.S. Census, population schedule, Limestone Township, Lycoming County, Pennsylvania, enumeration district (ED) 52, sheet 2A, dwelling 18, family 18, Lewis Eiswert household.