Anne Delaney
Sex: F
Individual Information
Birth Date: Abt 1781 - Delaware Christening: Death: in St. Louis, Missouri 1 Burial: 31 Oct 1862 - Bellefontaine Cem., St. Louis, Missouri Cause of Death:
Spouses and Children
1. *Joseph Walton (13 Apr 1777 - 21 Nov 1856) Marriage: Abt 1810 - (Philadelphia, Pennsylvania) Children: 1. child Walton ( -1812) 2. Samuel D. Walton (Abt 1809-1880) 3. George Walton (Abt 1811-1856) 4. Charles D. Walton (Abt 1814-1855) 5. Eliza Walton (Abt 1816-1858) 6. William Walton (Abt 1818-1850) 7. Clarissa Walton (Abt 1822-1896) 8. Joseph D. Walton (Abt 1827-1851)
Notes
General:
SURNAME:
See notes under her husband concerning the letters of Annie Bruce Fuller. The maiden name of Joseph Walton's wife may or may not have been 'Delaney'.
DEATH:
St. Louis, Missouri REGISTRY OF DEATHS FOR THE WEEK ENDING November 1, 1862 ("Missouri, Death Records, 1834-1910", ancestry.com):
Anna Walton, white female, age: 81 years
Locality where death occurred: 11th St n F Ave
Cause: old age
Bellefontaine Cemetery records have 31 Oct 1862 as the burial date. I will use 29 Oct as the death date.
WILL:
I, Anne Walton, of the City and County of St. Louis, State of Missouri, do make this my last will and testament.
1. I desire that all my just debts if any, and the expenses of my funeral be paid out of my personal estate.
2. I give and devise to my daughter-in-law, Mrs. Nancy Walton, widow of my son George Waltin my Bunker Hill farm, situate in Macoupin County in the State of Illinois, and all my lands in said County, with the stock and property which may be on said farm at the time of my decease, but in trust for the following purposes, to wit: 1. To hold, use and occupy until her youngest child by her said husband shall attain the age of twenty one years, faithfully using and applying the rents, profits and income of said farm and property towards and for the support and education of her four children Julia, Eliza, Elverton and Joseph Walton during their minority. 2. When said youngest child shall attain the age of twenty one years, or when the youngest of said children then in life shall attain that age, the title to said lands and property shall pass to and vest in such of said children as shall then be living, in fee-simple absolute in equal parts as tenants in common. Robert Walton, another child of said Nancy is excluded from the benefits of this provision of my will, because of the bequest to him in the will of my late husband.
3. I exclude from the benefits of this will and from any participation in my estate the following persons, to wit: my son Samuel D. Walten for whom I have already made liberal advances; each of the children of my son William Walton, namely, [line left blank] each of the children of my deceased daughter, Mrs. Eliza Crutzinger, namely, Anna, Josephine, Robert, Charles, Lewis & Clara Crutzinger
4. I give, devise and bequeath all the rest and residue of my estate, real, personal or mixed, in trust to my executors hereinafter named for the following purposes, to wit: --
1. To hold, take care of and invest on interest with ample security so as to preserve the principal fund, until until [sic] the youngest child of my daughter Mrs. Clara Shands, wife of Joseph Shands, who shall at the time be living, shall attain the age of legal majority, using and applying the interest and income of said property for the support, maintenance and and [sic] education of the children of my said daughter, Mrs. Clara Shands, during their minority; said children being named respectively Anna, Clara, Caroline, Mary & Effie.
2. When the youngest of said children last named, who shall at the time be living, shall attain the age of legal majority, the whole of said property mentioned in this clause of my will shall pass to and vest in such of said children last mentioned as shall then be living in equal shares and proportions, share and share alike. And it shall be the duty of my said executors to make execute and deliver all needful conveyances to that end; and a like duty is also hereby imposed upon Mrs. Nancy Walton in respect to the estate which may be held by her under the second clause of this will and so as to carry into full effect the purposes of said clause.
5. I hereby revoke all former wills and declare this to be my last will and testament.
And I do hereby nominate, constitute and appoint my friends Ezra Mundy and Septimus Levering, both of the city & county of St. Louis, State of Missouri, to be executors of this my last will and testament, giving to the survivor of them the same power and authority herein granted to them jointly.
In witness whereof I hereunto set my hand and seal this 28th day of October in the year eighteen hundred sixty two.
Anne Walton
Signed and declared by the above named Anne Walton to be her last will and testament in the presence of us who at her request and in her presence and in the presence of each other have hereunto subscribed our names as witness thereto
Septimus Levering Jas. R. McCausland
Oliver W. Bacon W. Currier
Ezra Mundy
On November 7, 1862 Oliver W. Bacon and Warren Currier swore before the Judge of the Probate Court that they saw Anne Walton sign the above document and that she was then of sound and disposing mind.
PROBATE:
Documents, including the above will, for case 06276, estate of Anne Walton, dec'd, can be seen at
http://www.sos.mo.gov/archives/mojudicial/images.asp?id=6060&party=Walton,%20Anne&case=06276&date=1862&County=St.%20Louis&courtType=Probate%20Court&reel=C%2031046
Note that in the will she names the daughters of her daughter Clara but not the sons, and an undated note suggests that at the end of the day $2120.69 was available to be paid to the following 5 daughters: Anna Theophania, Clara Walton, Caroline Virginia, Mary Eliza, and Effie May Shands.
On November 11, 1862 Septimus Levering, as principal, and John Maltheus, Jr. and Laurasen Levering, as securities, are bound unto the State of Missouri in the amount of $6500 for the faithful administration of the estate of Anne Walton by Septimus Levering, executor.
An inventory and appraisement were made November 17. The farm in Macoupin Co., Illinois, which in accordance with the will will be conveyed to Anne's daughter-in-law Nancy Walton, consists of 52 acres. A large part of Anne's assets consists of notes, all but one of which is overdue. The principal value is $2752.30 and the accumulated interest is $584.79. Her nephew Robert Crutsinger owes her $300 plus interest on 2 notes due in 1860 and another nephew Robert M. Walton owes her $100 plus interest on a note due in September 1862. Two notes from Ezra Mundy total $2100 in principal, but the largest note for $1500 is not overdue and is secured by a deed of trust. The value of household items is $147.25.
In December 1863 the administrator says that the estate has a balance of $4062.93. Notes and accounts amount to $3288.17; cash on hand = $338.28 and amounts on deposit = $91.30. All or most of the household items were taken by Clarissa in accordance with her father's will. The undertaker charged $72.
In December 1864 the administrator reports a balance of $3835.39. It appears that many of the notes have been paid since cash on hand = $2509.37 and notes and accounts amount to $980.84.
In December 1865 the balance is $3287.34. Cash on hand = $1969.65; notes and accounts amount to $972.57, almost the same as a year earlier. $149.72 was paid to Samuel D. Walton and $150.53 was paid to Nancy Walton. It is not clear whether the $20/month legacy from the will of Joseph Walton is being regularly paid to them. Probably not.
In March 1868 the balance is $3363.58 and the notes and accounts portion has been slightly reduced to $849.90.
In the administrators's final settlement in December 1869 there is a list of unpaid notes and accounts. It appears that they are being written off, and the balance is $2120.69. R. Crutsinger's unpaid principal and interest is $353.45.
The administrator of the estate of Joseph Walton sued the estate of his wife Anne Walton for funds to pay various legacies in the will of Joseph Walton. It appears that that suit was unsuccessful, but some money was paid to Samuel D. Walton and to Nancy Walton by the administrator of Anne Walton's estate ($134.12 paid to SDW March 1863 for settlement up to August 21, 1862; $50 paid to NW September 1862, $200 paid June 1863, and $150.53 paid March 1865 for the period March 1861 to October 1862).
DEPOSITION:
On May 30, 1853 Ann D. Walton gives a deposition in an interesting case involving Fielding Williams, a free black man born in St. Louis after his mother, a former slave named Anny, had obtained her freedom as a consequence of the will of her former owner, Nancy Arnold. The will stated that she was to be free 6 years after the date of the will. The will was dated October 25, 1827, and Fielding Williams was born after October 25, 1833. The executor of the estate sold Anny to a Capt. Newman for the remainder of the period of time during which she was still to be a slave. Ann Walton says that Capt. Newman lived "next door to me in one of my houses on Chesnut Street" and that the birth took place on Chesnut Street in widow Riley's house. Fielding Williams fears that Socrates Newman may make a claim on him and that people who know the facts are getting old and may soon die. He wants to get a legally valid record of their recollections now in case he needs it later. (St. Louis Co. Deed Records Q6/370)
1 "Find-a-Grave," Memorial # 130138517.
2
Norman Walton Swayne, Byberry Waltons, 1958, pg 74. Repository: http://www.ancestry.com.
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