img

Probate Court Case File Thomas Rucker v. George, Jacob, and Catharine Early.

Image -- Page One 183KB
Image -- Page Two 182KB
Image -- Page Three 178KB
Image -- Page Four 129KB
Image -- Page Five 42KB
Image -- Page Six 94KB
Image -- Page Seven 130KB
Image -- Page Eight 102KB
Image -- Page Nine 81.3KB
Image -- Page Ten 66KB

1

To the Honourable Judge of the Circuit Court for Sangamon County in Chancery sitting

Respectfully complaining sheweth unto your Honour Your Orator Thomas Rucker that before and about the Eighth day of August Eighteen hundred and thirty six he had unfortunately become involved in a quarrel and misunderstanding with his Father in law Ahmed Rucker who then resided not far from your Orators residence in Sangamon County and being very much harassed and disturbed by said family quarrel your Orator principally for that reason resolved on selling out his lands in Sangamon County and removing to Iowa Territory He made several attempts to sell his lands but finding himself inexperienced in trade and believing that one or two persons who really desired to purchase his land were disposed to take advantage of your Orators anxiety to sell out and remove for the purpose of obtaining his land at a price under its value Your Orator concluded to convey his land to a friend in whom he had confidence both as to his honesty and his ability to make for your Orator a fair sale of said lands, in order that the migth be enabled to sell the land for your Orator but without the disadvantage of letting it be supposed that the land was to be sold at all events or that there was any peculiar anxiety to sell it.

Your Orator accordingly applied to one Jacob M Early since deceased to act for him as his agent in making sale

2

through in reality no consideration was in fact paid or secured to be paid or agreed or expected to be paid but said conveyence was made in trust for your Orator and for the purpose of enabling said Early to sell said land for your Orators benefit alone, Your Orator charges that said Early during his lifetime held said land in trust for your Orator and always so considered it. He charges that said Early was unable for some time to make any sale of said lands and before a near while said Ahmed Rucker sold his land and removed to the County of Morgan and your Orator gradually and finally relinquished the idea of removing to Iowa. And your Orator having the most unlimited confidence in the said Jacob M. Early and feeling no uneasiness on account of the deeds he had made to said Early being well assured that said Early would at any time reconvey said lands to your Orator from time to time neglected to procure said lands to be reconveyed to him until said Jacob M. Early in the month of March in the year Eighteen Hundred and thirty Eight in a sudden Affray received a mortal wounds of which he lingered in great pain for a few days and then died. Your Orator charges that the Said Jacob M. Early on his death bed in the presence of Peter Richard his Brother in law and others

3

admitted that the aforesaid lands belonged to your Orator, that he had never paid your Orator any considerations for them and requested said Richard who was one of his Executors to reconvey said lands to your Orator or have it done. Your Orator has no doubt that had said Early lived he would at any time have reconveyed said lands to your Orator without any dispute hesitations or difficulty. But now So it is may it please your Honour that the said Jacob Early has departed this life leaving Catharine Early his widow and George N. Early and Jacob M. Early who are infants of tender years much under the age of twenty one years his only children and Heirs at law. Said infants are unable to from want of capacity to reconvey said lands to your Orator. Your Orator charged that inasmuch as the said Jacob M. Early never had any beneficial interest in said lands said Catherine his widow has no right of dower therein And he believes she does not and will not setup claim therefor.

In tender consideration of all which premises and forasmuch as your Orator is without adequate remedy by the Strict rules of the Common law and can only seek relief in Equity when matters of Trust &c are peculiarly cognizable.

4

Know all men by these presents That I Thomas Rucker and Dradomia his wife of the county of Sangamon and state of illinois in Consideration of this sum of five hundred and fifty dollars in hand paid by Jacob M. Early of the County of Sangamon and State of Illinois the Receipt whereof we do hereby acknowledge have bargained sold and quit claimed and by these presents do bargain sell and quit claim unto the said Jacob M. Early and to his heirs assigneds person all our and each of our right title interest estate claim and demand both at law and in equity and as will in possession as in expectancy of in and to all that certain tracts of parcels of land situate and being in the County of Sangamon and State of Illinois to wit: the west half of the south west quarter section N twently one in Township Sixteen North of Range six West of the third principal Meridian in the district of Springfield containing eighty acres Also the west half of forty acres of timbered land but of Ahmed Rucker eighteenth of Feb AD eighteen hundred and thirty five lying south of John Kindolls & west Gotts purchase of Ahmed Rucker. With all singular the [unknown] and appurtenances there in to belonging. In testimony whereof we have hereunto set our hands and seals this 9th day of August AD 1836
signed sealed in the presence of
Tho. Rucker (seal)
Wm. B. Carter
Dradomia Rucker (seal)

5

State of Illinois Sangamon County
Recorders office Springfield August 26th A.D. 1837 H. J. Benjamin Talbott Recorder in [unknown] for the County aforesaid do hereby Certify that the within deed of Conveyance is Recorded in my office in Book [unknown] Pages 373 & 374
Benjamin Talbot R.S¨C.

6

State of Illinois
Sangamon County

I Wm. B. Carter a Justice of the peace of said County do certify that Thos. Rucker & Drademia his wife whom signatures appear to the foregoing deed and who are personally known to me to be the persons described in the foregoing deed and who executed the same did severally acknowledge that they had executed the said Conveyance & for the uses and purposed therein mentioned. And the said Drademia Rucker having been by me made acquainted with the contents of said deed and examined separate and apart from her said husband acknowledged that she had executed the same and Relinquished her dower to the [unknown] then in conveyed voluntarily freely and without compulsion from her said husband.

Given under my hand and and seal this 9th day of August AD 1836

Wm. B. Carter J.P. (seal)

7

This Indenture, made and entered into this eighth day of August, in the year of our Lord, one thousand eight hundred and thirty-six, by and between Thomas Rucker & Dradima his wife, of the county of Sangamon and State of Illinois of the first part: and Jacob M. Early of the county of and State of afore said of the second part; WITNESSETH, that the said part of the first part for and in consideration of the sum of eight hundred dollars of lawful money of the United State, to them in hand paid by the said party of the second part, the recept whereof is hereby acknowledged, have given, granted, bargained, sold, aliened, assigned, enfeoffed, and conveyed, and by these presents, do give, grant, bargain, sell, alien, assign, enfeoff, and convey unto the said party of the second part, his heirs and assigns, certain lot or piece of ground, lying and being situate in the county of Sangamon and State of Illinois known and described as follows, via: The East half of North West quarter of section No. twenty one (21) in township No. sixteen (16) North of range six (6) west of the third principal Maridian in the district of Springfield Containing 80 Acres Also the north half of the east half of the south west quarter of section twenty one in township no sixteen north of range six west of the third principal Maridian in the district of Springfield containing forty Acres.

TO HAVE AND TO HOLD the above described lot or parcel of ground, together with [unknown] and singular the privileges of appurtenances thereunto belonging, or in any wise appertaining, to have and to hold the above described premises unto the said party of the second part, his heirs and assigns, to and for their own proper use, behoof, and benefit forever. And the said party of the first part, for themselves, their heirs, executors, and administrators, do hereby covenant and agree to and with the said party of the second part, his heirs and assigns, forever tro warrant and defend the title to the above described premises, against the claim or claims of any and all persons claiming by, through, or under them, the said party of the first part, and against the claim or claims of any and all persons whatsoever: and that they, the said party of the first part, are the only true and lawfull owners of the said premises, and that the same are free from all and all manner of incumbrances.

IN TESTIMONY whereof the said party of the first part have hereunto set their hands and seals the day and year first above written.

Thos. Rucker (seal)
Diadomia Rucker (seal)

IN PRESENCE OF Wm. B. Carter

8

State of Illinois Sangamon County
I Wm. B. Carter a Justice of the peace of said County do certify that Thos Rucker & Diadema his wife whose signatures appear to the foregoing deed and who are personally known to me to be the persons described in and who executed the same did severally and acknowledge that they had executed the said Conveyance for the uses therein mentioned And the Said Diadema Rucker having been by me made acquainted with the contents of the said deed and examined separate and aprt from her said husband acknowledged that she had executed the & Relinquished her dower to the premises therein

State of Illinois Sangamon County
Recorders Office Springfield August 26th A.D. 1837 — I Benjamin Talbott Recorder in and for the county aforesaid do hereby certify that the within Deed of conveyance is Recorded in my office in Book [unknown] Pages 372 & 3

Benjamin Talbott R.S.C.

9

THE PEOPLE OF THE STATE OF ILLINOIS, To the Sheriff of Sangamon County Greeting:
That are hereby commanded to summon Catharine Early, George N. Early, Jacob M. Early to be and appear before the Circuit Court of Sangamon County, on the First day of the next term, to be helden at Springfield, on the Second Monday in the month of July next, to answer to Thomas Rucker In a Bill in Chancery filed in Said Court against them.

And have you then there this writ
(seal of the Sangamon County Circuit Court)
Witness, William Butler, Clerk of one said Court at Springfield, this 27th day of June A.D. 1840
William Butler CLERK

10

The answer of Jacob M. Early and George N. Early infant Heir of Jacob M. Early deceased by Abram Lincoln their Guardian ad litem to a Bill in Chancery exhibited against them and Catherine Early in the Circuit Court of Sangamon County by Thomas Rucker

These respondents now and at all times Saving and reserving for answer to so much thereof as he is advised in materials for them to answer Say that of their own knowledge they know nothing of the facts stated in said Bill but require proof thereof. And now having fully answer &c.

A. Lincoln, Guardian