When Butler County was organized in 1849 Missouri law was such that the probate business in the county was handled by the County Court sitting as a Probate Court. The first Probate Court session, on record, was held November 12, 1849, at house of Daniel Epps. The first case considered originated before in accordance with provisions in the "Act" organizing Butler County. The case concerned the estate of John Floyd and the administrator was Obadiah Epps. To give an insight into condition in 1849 we think it interesting to quote liberally from the orders in this case.
"Records and proceedings of the County Court of the County of Butler, exercising probate jurisdiction, at its November Term in the year of our Lord on e thousand eight hundred and forty nine, begun and held at the house of Daniel Epps, in said county on the second Monday of said month, it being the 12th day of the month Present the Honorable John Stevenson, Hon'l Solomon Kittrell & Hon'l Jonathan Sandlin Justices of said court".
"Estate of John Floyd: the Clerk of this Court having received the paper of said estate from the Clerk of the County Court of Wayne County, it is ordered that the same be filed, and that Obadiah Epps administrator of said estate, proceed to settle the business of said administration of said estate, in this Court".
"Estate of John Floyd, deceased: Obadiah Epps, the administrator of said estate being present and waiving notice, then comes Valentine M. Capp and presents and account for twenty seven dollars and eighty seven & a half cents, which is proved and allowed by the Court against said estate in Class No. 2."
In his first annual settlement of the Floyd estate Obadiah Epps charged himself $212.39 in inventory and sales and presented statement and vouchers for credit of $62.90 which "taken from the above charges leaves a balance in his hands of one hundred forty nine dollars and forty nine cents in notes and uncollected debts, which amount is charged and settlement continued."
Again, "Said administrator filed the widow (Sarah Floyd's) receipts for one hundred and seventy seven dollars and ten cents, for property taken at the appraised value, for dower, (he has a credit in the above settlement for cash paid widow for dower for twenty six dollars) shows he has overpaid widow three dollars & ten cents."
February 11, 1850. "On motion of Sarah Floyd she is appointed guardian for the persons and estates of Archibald Floyd, Jane Floyd, Wesley Floyd and James Floyd. Whereupon she presents her bond with security for one hundred dollars which is approved. It appearing that there will be assets in the hands of the administrator more than sufficient to meet all demands likely to come against said estate. It is ordered that the administrator pay the guardian forty dollars for educating & support of children."
The County Court did the probate work until the close of the year 1866, the last session being December 22, 1866. The Justices were James S. Ferguson, John C. Patty and Simmons R. Harviell. The Butler County District Court, 1855-1856, with Jonas Eaker as District Court Judge, acted as a probate court. During the Civil War the probate court ceased to function, same as all other governmental activities in Butler County. During the war period the County Court last met for probate work January 22, 1862. The Justices present were John N. Yarber and John S. Varner. On that day the Court adjourned "until tomorrow morning 9 o'clock." Tomorrow did not come until more than three years later, October 9, 1865, Exum C. Scott and Simmons R. Harviell, Justices. The minutes state this was a special term and advertised according to law. The last meeting of the County Court for probate work was December 22. 1866, Justices S. Ferguson, John C. Patty and Simmons R. Harviell.
On some date prior to January 1867, the General Assembly had taken the probate work out of the hands of the County Court and had authorized a probate court in charge of a probate judge. On January 4, 1867, Simmons R. Harviell held Probate Court and was the First Probate Judge in Butler County. The office in Butler County is now more than one hundred years old. For a period of several years, beginning with Simmons R. Harviell in 1867, the Probate Judge was, by virtue of this office, a member of the County Court and ex-officio President of that body. We have not established the date on which this practice was discontinued. A seal for the Probate Court was adopted in vacation term of April term, 1867, date of adoption not in the record. The record shows that in design the seal was to have a star in the center with a set of scales above the star and contain the inscription, "Seal of the Probate Court Butler County Mo." We assume the County Court used its own seal to authenticate probate documents during the period the County Court sat as Probate Court.
Here is another interesting item of local history found in the Probate Court records. On February 12, 1851, the estate of Sarah Black, deceased, was in probation. Sarah Black was the widow of Hugh Black, who was quote, "A Revolutionary Soldier." Hugh Black and Sarah Black had been married, " Prior to the Revolutionary War between the United States and Great Britain." Hugh Black had died November 27, 1835, and Sarah Black on March 13,1839. This Probate Court record reminds us we have seen a report stating two soldiers of the American Revolution were buried in Butler County. Evidently Hugh Black is one. We have a communication that Eric Gartman is the other. Does anyone know the burial place of these two soldiers?
Note: Valentine M. Capp was a physician. Perhaps his account in the Floyd case was for medical services.
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