• "Probate Records: Margaret (Martin) Layson" (https://drive.google.com/file/d/1__Ivmh8d5poeBtWBuJO2dGniv1Iqdy0Y).

• Type: Probate
• Category: Original

• 

I, Margaret Layson of Adams County Illinois make this my last will and Testament revoking all former wills --

Item first - I hereby require my Executors to pay all my Lawfull debts, and Funeral expenses --

Item Second, I hereby give and bequeath all my property Real, Personal, and [miseed] that is now mine, or May become mine while this will is not revoked either in this State or any other State Territory or Kingdom as follows, to my Several Children that Survive and to this Children in case of their decease { viz } to be devided into five equal shares as follows --

First - one share or fifth part of the whole to my Daughter Sarah Pond of Adams County - Illinoias --
Second, one share or fifth part of the same to the heirs of my son Isaac Layson decd of Burben County Kentucky --
Third, one share or fifth part of the same to my son John M. Layson of Fayett County Indiana --
Fourth, one share or fifth part of the same to my Daughter Nancy Owen of Hancock County Illinois --
& Fifth, one share or fifth part of the same to the children of my Daughter Margaret Forsythe deceased to be equally divided among them - all of Adams County Illinois (viz) Eliza Mustain, Alpha Forsythe, Susan M. Woods, and Mary J. Owen the Legal Children of said Margaret Forsythe --

Item third - I hereby appoint Samuel Woods of Adams County & Elisha Worrell of Hancock County Illinois my Executors to carry out my last will and Testament

Witness my hand and Seal this twenty third day of July in the year of our Lord one thousand eight hundred and fifty one --

Margaret Layson [her mark]

Witnesses Present
Samuel Willard [his mark]
Elisha Worrell

---

Samuel C. Wood being duly sworn and Elisha Worrell affirming that this writing contains the true last will and testament of the within named Margaret Layson deceased, so far as I know or believe, and that we will well and truly execute the same, by paying first the debts and then legacies mentioned therein, as far as her goods and chattels, rights and credits, as may come to my hands or knowledge, belonging to the esate of said deceased, and render a fair and just account of our executorship, when thereunto required by law, to the best of our knowledge and abilities: so help us God.

Elisha Worrell
Samuel Woods

Subscribed and sworn to before me this 25th day of March A. D. 1852
W. W. Steele Clerk

Approval of Will

Chili March 18th 1852
Melger Couchman Esqr.

I hereby approve of the will of Margaret Layson Decd being proved by the persons whose names appear as wittnesses & E. Worrell and myself being appointed to carry it out
She died the evening of 9th March 1852

Samuel Woods

Executor's Bond

Know all Men by these Presents, --

That we Samuel Woods of the County of Adams and State of Illinois and Elisha Worrell of the county Hancock and State of Illinois, are held and firmly bound unto the People of the State of Illinois, in the penal sum of Twenty thousand dollars current money of the United States, which payment well and truly to be made and performed, we and each of us bind ourselves, our heirs, executors and administrators, jointly, severally, and firmly, by these presents.

Witness our hands and seals this 25th day of March A.D. 1852

The condition of the above obligation is such, that if above bounden Samuel Woods & Elisha Worrell (executors of the last will and testament of) Margaret Layson deceased, do make or cause to be made, a true and perfect inventory of all and singular, the goods and chattels, rights and credits, lands, tenements and hereditaments, and the rents and profits issuing out of the same, of the said deceased, which have or shall come to the hands, possession or knowledge of the said Woods & Worrell or into the possession of any other person for them, and the same so made, do exhibit in the County Court for the said county of Hancock, as required by law; and also make and render a fair and just account of their acts and doings as such Executors to said court, when thereunto lawfully required, and to well and truly fullfil the duties enjoined on them, in and by the Said will; and shall moreover pay and deliver to the persons entitled thereto, all the legacies and bequests contained in said will, so far as the estate of the said testator will thereunto extend, according to the value thereof, and as the law shall charge them; and shall, in general, do all other acts which may from time to time be required of them by law, then this obligation to be void, otherwise to remain in full force and virtue.

Samuel Woods
Elisha Worrell
David H. Parke
Noch Stohns
Jos C. Cain
John Willard
James George

Isaac L. Owen's Claim

December 1 1851

The Est of Margaret Layson Dec Dr to Isaac L Owen for time coming from Missippi to Ills to get a Deed of gift signed and acknowledged by Margaret Layson time twenty four days. @ $2.00 per day - $48.00

Isaac L Owen

---

Jan 7th 1851

Mrs. Margaret Layson Dec Dr
To Isaac L Owen to time coming from Miss to Illinois to get a deed of gift acknowledged twenty four days @ $2.00 per day - $48.00

State of Illinois } ss
Hancock County }
Isaac L. Owen personally appeared before me a Justice of the Peace in said County and being Duly sworn deposeth and says that the above account is correct

Given under my hand and seal this 31st day of January 1854

W. M. Owen J.P.

William Layson Affidavit

State of Illinois }Hancock County }
William Layson being duly sworn deposeth and says that John M Layson of Indiana has been for several year the trustee of Margaret Layson deceased and as such he's transacted her business, and has now in his posession papers relating to her estate, and receipts showing payments made by him to Nancy & Stephen owen & Sara Pond for keeping and taking care of said Margaret Layson and that this deponment will not be prepared to resist the allowance of the claims of said Nancy Owen & Sarah Pond before the said John M Layson can come from Indiana and that he will not be able to be before the County Court of said County before the first Monday of April 1853, owing to the feeble state of his health, & further deponment says not, but pray that the investigation of said claims be continued until said first Monday in April 1853

William Layson

Subscribed & sworn to before me this 8th day of November AD 1852

N Couchman Co. Judge

Sallie Pond Allotment

Samuel Wood & Elisha Worrell
Executors of Margaret Layson decd
To Sallie Pond Dr
To boarding and nursing the said Margaret Layson decd from Augt 20th 1845 to 1 January 1852, being six years & five months at $250 per year - $1520

Filed April 5th 1853
W W Steele clk

Samuel Woods' Allotment

March 15th 1853

the estate of Margaret Layson decd to Samuel Woods

To 1 day going to examine will                      $1.50
24th 1 day getting bond and security                 1.50
25th 1 day going to Carthage to file bond            1.50
1 day going to see about advertising for settlement  1.50
1 day attending Carthage court on 20th               1.50
3 days attending April Term 1853                    $4.50
expenses same time                                   3.10
                                                   ______
                                                   $15.10

Isaac Adair's Allotment

The estate of Margaret Lason deceased to Isaac Adair Dr

1852 Feby 25 To 1 1/4 yds Book muslin             .50
             To 1 Jackannot[?]                    .50
             To paper of Pines 12, paper of [?]   .25
             To pair silk gloves                  .40
                                                _____
                                                $1.65

Other Allotments

Estate of Margaret Lason To Nancy Owen Dr
For boarding and taking care of the said Margaret Lason ded for 7 years at two hundred and fifty dollars per year - $1750.00

Estate of Mrs. Layson To Jos C. Caine Dr
Mar 1852 To Coffin Made $ 7.00

Articles of Agreement made and entered into this fifth day of April A.D. 1853 between Sarah Pond of the State of Missouri of the first part and John M Layson of Indiana, William Layson, Zedekiah M. Layson, James McClune Moore & Margaret A Moore his wife, John M. Layson junior, Robert W. Layson, James B. Moore & America Moore his wife of the state of Kentucky Nancy Owens Alpha Forsythe, Daniel Mustain & Eliza Mustain his wife Archibald Owen & Mary Jane his wife and Zachariah Wood of the state of Illinois heirs of Margaret Layson Deceased of the second part witnesseth, That whereas the said Sarah Pond party of the first part has filed certain claims in the County Court of Hancock County State of Illinois against the estate of the said Margaret Layson decd and which said claims are now in said Court for alowance or rejection, the said parties of the second hereby agree with the said party of the first part in consideration of said claims that they will allow her the sum of five hundred and fifty six dollars in full discharge of said claims which she has against said estate of Margaret Layson, and the said Sarah Pond in consideration of the said sum of five hundred and fifty six dollars allowed & admitted by said parties of the secoy agrees to receive that sum in full of all demands & claims whatsoever which she now has or may have against the estate of said Margaret Layson on account of the taking care of the said Margaret Layson Decd It is further agreed by all parties herein hereto that this agreement is forever to bee & preclude all further proceeding in law a equity in relation to any claims of the said Sarah Pond against said estate, or in relation to the subject matter of this agreement, And said parties hereby agreed that said Court may render judgement in favor of the said Sarah Pond for the aforesaid sum of five hundred fifty six dollars to be paid by the executors of said Margaret Layson decd in due course of administration. And we Samuel Woods & Elish Worrell executors of the last will & testament of said Margaret Layson Decd being fully advised in the premises, said parties have hereunto set their hands & seals this day & year first above written

It is expressly understood by all the parties hereto this agreement is only to bee the claims & demands of said Sarah Pond for taking care of her mother Margaret Layson deceased & not to bee her from claiming her proper distributive share in the estate of said Margaret Layson deceased in final settlement of dec'd estate.

Sarah Pond [her mark]
John M Layson Senr
William Layson
Z. M. Layson
James M. Moore
Margaret A. Moore
John M Layson
Robert W Layson
James R Moore
America Moore
William Layson - them all in fact

Nancy Owen
Alpha Forsyth [original signature]
Daniel C Mustain
Archibald Owens
Zachariah Wood
Samuel Woods
Elisha Worrell

Attest
Wesley H. Marin
J. M. Lewis

Samuel Willard's Claim

Hancock County Court, Ills
At the April Term, a. d., 1853

Nancy Owens and Stephen Owens Est } Plaintiff
vs.
all Layson Estate } Defendant

Saml Willard Being duly sworn, deposes and sayd that he attended said Court as a Witness in the above mentioned case 2 days, at the instance of the Defendant, during the present term of said Court, 17 miles Travel.

Saml Willard [his mark]

Sworn to and subscribed before me, this 5 day of April, a. d., 1853
N Couchman Judge

John Simpson's Claim

Hancock County Court, Ills
At the April Term, a. d., 1853

Nancy Owen and Estate of Stephen Owens } Plaintiffs
vs.
Est. of Margaret Layson } Defendant

John Simpson Being duly sworn, deposes and sayd that he attended said Court as a Witness in the above mentioned case 2 days, at the instance of the Defendant, during the present term of said Court, and travelled 17 miles.

John Simpson

Sworn to and subscribed before me, this 5 day of April, a. d., 1853
N. Couchman Judge

Sarah Pond's Receipts

Received Carthage Hancock County Illinois April Sixth A.D. 1853 of Samuel Woods & Elisha Worrell Executors of the last will & testament of Margaret Layson deceased Five hundred and fifty six Dollars being the full amount of my claim against said estate allowed at the April Term 1853 of the County Court of Hancock County Illinois

Sarah Pond [her mark]

---

Recd Carthage Ill April 6th 1853 of Elisha Worrelll & Samuel Woods Executors of Margaret Lason dec. thirteen hundred and fifty six Dollars and thirty two cents in a draft on the State Bank of indiana at its branch at Richmond from John M. Lason in full of my distributive share od said Estate ordered to be distributed by the County Court of Hancock County Illinois at the April term thereof AD 1853

Sarah Pond [her mark]

witness J. W. Marsh

W. W. Steele Receipt

Recd of Executors of Margaret Lason decd Fourteen Dollars. Cash in claims presented by Nancy Owen and Stephen Owens Estate, against Margaret Lason Est. before County Court April 4, 1853
W W Steele Clerk

Joseph C. Caine's Receipt

Rcvd of Worrell &l Woods Executors of the Estate of Margaret Layson Decd for making Coffin Seven Dollars
March 18th 1853

Jos. C. Caine

John M. Layson's Receipt

Received Carthage April Sixth A.D. 1853 of Samuel Woods & Elisha Worrell Executors of the last will & testament of Margaret Layson deceased One Thousand Five hundred and fifty one Dollars and seventy six cents being the full amount of my claim allowed in my favor against said estate allowed by the County Court of Hancock County Illinois at the April Term A.D. 1853 of said Court

John M Layson [original signature]

$1551.76/100

Attest
Wesley H. Manier
David Mack

---

Received Carthage Ills April 6th 1853 of Elisha Worrelll & Samuel Woods Executors of the last will and testament of Margaret Layson deceased One thousand three hundred and fifty six Dollars and thirty two cents being my distributive share of estate of said Margaret Layson deceased which said Executors were ordered to pay to me by the County Court of Hancock County Illinois at the April term AD. 1853 of said County Court in accordance with the will of said Margaret Layson deceased

John M Layson

$1356.32

Witness
David Mack
Wesley H. Manier

Nancy Owens' Receipts

Received Carthage April Sixth A.D. 1853 of Samuel Woods & Elisha Worrell Executors of the last will and testament of Margaret Layson deceased Forty Nine Dollars and twenty five cents being the full amount of a claim allowed in my favor against said estate at the March Term A.D. 1853 of the County Court of Hancock County Illinois

Nancy Owen

$49.25/100

Attest
W. H. Manier
D Mack

---

$1356.32

Recd Carthage Ill April 6th 1853 of Elisha Worrelll & Samuel Woods Executors of Margaret Lason dec. thirteen hundred and fifty six Dollars and thirty two cents in a draft from John M Lason on the State Bank of indiana at its branch at Richmond in full of my distributive share of said Estate ordered to be distributed by the County Court of Hancock County Illinois at the April term thereof 1853

Nancy Owen

Attest
Isaac L Owen

Stephen Owen's Receipt

Received Carthage April 6th 1853 of Samuel Woods & Elisha Worrell executors of the last will and testament of Margaret Layson deceased One hundred and thirty six Dollars and fifty cents being the full amount of a claim allowed in my favor against said estate and in favor of the estate of Stephen Owen deceased at the April Term A.D. 1853 of the County Court of Hancock County Illinois

A & B. C. Owen
Executors of the last will and testament of Stephen Owen deceased

Attest

D Mack

Mack & Scofield Receipt

Received Carthage Illinois 6th April 1853 of Samuel Woods & Elisha Worrell Executors of the last will and testament of Margaret Layson deceased Twenty Dollars in full of our fees for resisting claims against said estate and making settlement with John M Layson and making settlement with County Court of Hancock County

Mack & Scofield

Alpha Forsyth's Receipt

Received Carthage Ills. April 6th 1853 of Samuel Woods & Elisha Worrell executors of the last will & testament of Margaret Layson deceased three hundred and thirty nine dollars and eight cents, it being my distributive share of the estate of said Margaret Layson decd as appears from an order of the county clerk of Hancock County Illinois made at this April Term of said court A.D. 1853

Alpha Forsyth [original signature]

Attest
Wesley H. Manier
David Mack

Zachariah Woods Receipt

Houston Adams county Ills April 30 th 1853

received of Samuel Woords and Elisha Worrell Executors of the estate of Margaret Layson Decd three hundred and thirty nine dollars and ten cents being the distributive share of the estate of Margfaret Layson deceased distributed at the April term of the Hancock county court on the third day of said Term as the portion of Mary Ellen Wood infant heir of Zachariah and Susan Wood

Zachariah Wood a Guardian of Mary E. Wood

Daniel C. Mustain's Receipts

Received Carthage Ill. April 6th 1853 of Samuel Woods & Elisha Worrell Executors of the last will & testament of Margaret Layson Decd three hundred and thirty nine dollars & eight cents it being the distributive share of my wife Eliza Mustain of the the [sic] estate of said Margaret Layson decd subject to distribution as appears from an order of the County Court of the County of Hancock & state of Illinois made at the April term thereof A.D. 1853

Daniel C. Mustain

Attest
David Mack
Wesley H. Manier
David Mack

Archibald Owen's Receipt

Received Carthage Ills. April 6th 1853 of Samuel Woods & Elisha Worrell executors of the last will & testament of Margaret Layson deceased three hundred & thirty nine 08/100 dollars, it being the distributive share of Mary Jane Owen my wife in the estate of said Margaret Layson decd subject to distribution as appears from an order of the County Court of the County of Hancock & state of Illinois made its April term 1853

Archibald Owen Jr

Attest
Wesley H. Manier
David Mack

William Layson's Receipt

Received Carthage Ills. April 6th 1853 of Elisha Worrell & Samuel Woods executors of the last will and testament of Margaret Layson deceased the sum of one thousand three hundred and fifty six dollars and thirty two cents, as the distributive share of William Layson, Z. M. Layson, James M. Moore & Margaret A. Moore John M. Layson junior, Robert W. Layson, James B. Moore & America Moore in the estate of the said Margaret Layson deceased, being the amount being ordered to be paid to said parties by order of the County Court of the County of Hancock Illinois at the April term 1853

William Layson Att for

{ Z. M. Layson
{ James M. Moore
{ Margaret A Moore his wife
{ John M Layson jun.
{ Robert W. Layson
{ James B. Moore
{ America Moore his wife
{ William Layson

Attest
Wesley H. Manier
David Mack

Jury Summons

State of Illinois }Hancock County }
The People of the State of Illinois
To the sheriff of said County Greeting

We command you that without delay you summon Six Jurors having the qualifications of Electors, to appear forthwith before our Honorable, County Court at the Court House in CArthage, to serve as jurors in a certain matter pending wherein the Estate of Stephen Owens claims, against the Estate of Margaret Lason deceased, and have you then then [sic] there his writ

Witness W W Steele County Clerk at the Court House aforesaid, this 24th day of April AD 1853
W. W Steele Co Clerk

---

I have served the with in writ by summons the following manner to wit John S. Spangler W. S, Parthwait E. Rand L. Stevenson F. Loving E. Harris
this th 4th day of April AD 1853

B. O. Welsh Sheriff

---

Estate of S. H. Owen
vs.
Estate of Margt Layson

We the Jury find for the plaintiff $136.50/100
Apr. 5th 1853

E. Rand
E Harris
J. S. Spangler
Frank Loving
William S. Parthwait
Lewis C. Stevenson

Account Current of the Executors

The account of Elisha Worrell and Samuel Woods Executors of the last will and testament of Margaret Layson late of the County of Hancock and State of Illimnois deceased with the estate of said deceased

Said executors charge themselves with the following amounts received by them as Executors of said Estate to wit:

1853 March 17  Cash on hands at the death of said Testatrix                   50.09
1853 April 6   Cash received of John M. Layson                              9270.70
                                                                           ________
                                                                           $9320.80

Said Executors claim credits for the following Amounts paid to the creditors of said estate and allowed by the County Court to said creditors to wit:

1853 March 18  To Joseph C. Caine as per voucher No. 1                        7.00
1853 April 6   To John M Layson as per voucher No. 2                       1551.76
1853 April 6   To Sarah Pond as per voucher No. 3                           556.00
1853 April 6   To Nancy Owen as per voucher No. 4                            49.25
1853 April 6   To A & B. C. Owen Executors of the will
               of Stephen Owen deceased (5)                                 136.50

Said Executors claim credit in ths account for the following amounts as expenses of Administration to wit

              Paid for publishing Notice to Creditors of said Estate          1.75
              Expenses and time spent in settling said estate
              by Elisha Worrell as per Schedule No (1)                       19.70
              Expenses and time spent by Samuel Woods in settling
              said estate as per Schedule No (2)                             15.10

1853 April 4  Paid W. W. Steele County Clerk costs & fees                    14.00
1853 April 6  Paid Mack & Scofield attorney's  Fees                          20.00
              Commissions of Executors on $8406.46                          168.12
              Cash on hand subject to distribution                         6781.62
                                                                          ________
                                                                          $9320.80

Presented by said Executors to the County Court of Hancock County Illinois this sixth day of April A.D. 1853

Elisha Worrell
Samuel Woods
Executors of the will of Margaret Layson deceased

Account Current on an Abstract of the account of the Executors of Margaret Layson Deceased

Dr To cash on hand                       50.09
Dr Amount paid over by John M Layson   9270.71
                                      ________
    Whole amount of assets of Estate  $9320.80

Cr By Cash paid Joseph C. Cain               7.00
Cr By Cash paid John M Laysoin            1551.76
Cr By Cash paid Sarah Pond                 556.00
                Nancy Owen                  49.25
                Estate of Stephen Owen     136.50
                Printer's Fee                1.75
                Expenses to Elisha Worrell  19.70
                Expenses to Samuel Woods    15.10
                Cash & Clerk's fees         20.00
                Commissions                168.12
Amount Subject to distribution            6781.62
                                         ________
                                          9320.80

Account Current of Estate of Margaret Layson Decd
1853 April 6th at Settlement at April Term of County Court of Hancock County Illinois

1853 April 6th  To Amt of cash on hand this date   $6781.62

Credit
1853 April 6th  By share paid John Layson                1356.32
1853 April 6th  By share paid Sarah Pond                 1356.32
1853 April 6th  By share paid Nancy Owen                 1356.32
1853 April 6th  By share to Wm Layson for self & others  1356.32
1853 April 6th  By share paid Archibald Owen              339.08
1853 April 6th  By share paid Danl C. Mustain             339.08
1853 April 6th  By share paid Alpha Forsythe              339.08
1853 April 6th  By share paid Zachariah Woods             339.08
                                                        ________
                Making in all                           $6781.62

The above showing all the claims being paid and all the Distributive shares being paid over to the several heirs - or their attorneys as will appear by the Receipts accompanying herewith. Given under our hands this 18th day of June AD 1855

Elisha Worrell } Executors of said Estate
& Samuel Woods }

• Text: No. 24
  
  County Court,
  Hancock, Illinois
  In Probate
  
  In the matter of the Estate of
  Margaret Layson Deceased.