Friday, March 21, 2014

Henry White's Death Year Mystery Solved

Which year of death for Henry White is correct: 1853 (the year on his headstone) or 1852 (the year from the County Court Minutes transcription)? The mystery was brought up In this post about Henry White's headstone earlier. 

Even though I ordered  the wrong microfilm from Salt Lake, I accidentally came up with the right answer. Now everyone will be able to sleep again at night!

Family History Library Film #946608,  Henry County Missouri,
Court Records Missouri. Circuit Court (Henry County) Vol A-B, 1835-1858

Henry County, Missouri County Court Minutes Book B--Jacob White vs Mary White et al, continued
p. 257
Adjournment May Term 1856

Jacob White Plaintiff
Against
Mary White, Joseph
White, John White,
Eli White, David White,
Noah White, Margaret White,
Beniah N White, Oliver
White, Mary Ann 
White, Mary E White
and Mariah White

Now this day comes the plaintiff by his attorney and the said defendants though three times solemnly called come not but make default and it appearing from the return of the sheriff of Henry County Missouri that Mary White, Joseph White, John White, Eli White, David White, Margaret White, Beniah N. White, Oliver P. White, Mary Ann White, Mary E. White and Mariah White had been duly served with process more than 20 days before the first day of this term of this court and it being proven to the satisfaction of the court here that the order of publication made in vacation by the clerk of this court had been published in the "Osceola Independent" County of St Clair State of Missouri for Eight consecutive weeks the last insertion having been made more than four weeks before the first day of the May Term of this court ____ of which present is an adjourned term, By which order of publication it appears to the court that Noah White has been duly notified of the commencement of this suit and of the ________ thereof And it is being suggested to the court here that the defendants Beniah N. White and Oliver P. White were in fact under the age of twenty one years The court here doth appoint Thomas W. Freeman Guardian and the said Thomas W. Freeman being in court consents to act and no answer being filed by said defendants the course was taken ____ the court upon the petition of the Plaintiff and the evidence in the cause And it having been proved by the satisfaction of the court

p. 258
that on or about the 1st day of January 1853 plaintiff entered into an agreement with his father Henry White and his mother Mary White to the effect that plaintiff was to take care of and support his said father & mother and his said Sister Margaret White during life and assume and pay off the debts of his said father; in consideration of which the said Henry White and Mary White were to convey to said Jacob White by good and sufficient deed the following tract of land lying and being situated in the County of Henry and State of of Missouri to wit the E 1/2 of NE 1/4 of Section No 19 Township 40 range No. 26 containing 80 acres. That soon there after making of said agreement and before the making of said Deed the said Henry White died.

It is further proven to the satisfaction of the Court here that the plaintiff did on or about the said first day of January take possession of said land under said agreement and has made valuable improvements thereon--that the plaintiff did support and take care of his said father as long as he lived and pay off his debts and still continues to provide for his said Mother and Sister...In consideration of the promises it is therefore ordered adjudged and decreed by the Court here that if plaintiff shall continue said contract of supporting said Mary White and the said Margaret White according to the terms of said agreement so long as they shall live and not otherwise that the title to said piece of land to wit the E 1/2 of NE 1/4 of Section No 19 Town No 40 of Range No 26 containing 80 acres be vested in plaintiff free from all claim right(?) title as interest whatever of said Mary White widow of said Henry White as well as from all claims right and title of said Joseph White, John White, Eli White, David White, Noah White, Margarette White, Beniah N. White, Oliver P. White, Mary A. White, Mary E. White and Mariah White and that all the right, title, interest, Estate and property of the persons last aforesaid be divested out of them and vested in plaintiff. And that the said Plaintiff pay the costs of this proceeding

De Witt C. Ballon
Circuit Judge


" ...on or about the 1st day of January 1853 plaintiff entered into an agreement with his father Henry White and his mother Mary White..."

This shows Henry was alive in 1853, so the headstone is correct.

One mystery solved, but a new one has now surfaced. Who is Henry's son, Noah White?

Sweet dreams?



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