James Withinton
Sex: M
Individual Information
Birth Date: 31 Mar 1806 - (St. Louis Co., Missouri) Christening: 14 Jun 1808 - Florissant, St. Louis Co., Mo 1 2 Death: Burial: 22 Mar 1838 - Florissant, St. Louis Co., Mo 3 Cause of Death:
Spouses and Children
1. *Catharine Payant (16 Nov 1810 - ) Marriage: 25 May 1824 - Florissant, St. Louis Co., Mo 4 5 Children: 1. Elizabeth Withinton (1825- ) 2. Baptiste Withinton (1827-Bef 1838) 3. Thomas Withinton (1832- )
Notes
General:
CENSUS:
<pre>1830 St. Louis Co., Missouri, St. Ferdinand Township; pg 291
James Withington 20001 -- 0101; no slaves
male female
2 < 5
5-10 1
10-15
15-20 1
1 20-30
30-40 </pre>
He is in the sequence James Withington, 12x, Joseph Menard, Baptiste Creely, 3x, Peter Piant, 3x, Francis Creely, Michael Creely. Peter Piant is his father-in-law. Baptiste Creely is Peter Piant's father-in-law, and the others are brothers-in-law of Peter Piant. Thomas Withington, Sr., Thomas Withington, Jr., and William Withington live close together in the same township.
PROBATE:
Documents for case 01373, estate of James Withinton, dec'd, can be seen at
http://www.sos.mo.gov/archives/mojudicial/images.asp?id=1052&party=Withinton,%20James&case=01373&date=1838&County=Saint%20Louis&courtType=Probate%20Court&reel=C%2027504#
On March 28, 1838 Catharine Withinton states under oath to the Clerk of the County Court that to the best of her knowledge James Withinton died without a will, that there are two heirs, Elizabeth Withinton and Thomas Withinton, children of the deceased who reside in St. Louis Co., and that she will faithfully administer the estate. On the same date Catharine Withinton, as principal, and Samuel D. Walton and Pascal Piant, as securities, become bound unto the State of Missouri in the amount of $1200 for the faithful administration of the estate of James Withinton, dec'd, by Catharine Withinton, administratrix. On November 15, 1838 Ephraim H. Dickson replaces Catharine Withinton as adminstrator and assumes her role in the $1200 bond.
An inventory and appraisement is presented to the court on April 23, 1838. The total value is $423.75. Items include 2 mules ($140), 4 horses ($145), 2 rifles ($7), 1 shotgun ($10), 3 pocket pistols ($4), 3 beaver traps ($4), 1 otter skin ($2), 6 dressed deer skins ($5.50), 25 undressed deer skins ($25), 1 two horse waggon ($30), 1 man's saddle & bridle ($5), 1 side saddle ($2), 2 pair saddle bags ($2.50). There are only a few items of household furniture. Another item in the inventory with no appraised value is a jack in the possession of someone in Marion Co., Arkansas.
There is a receipt dated March 22, 1838 in the amount of $9 for a walnut coffin. Another receipt to Mr. Ephrem Dickson and dated March 12, 1839 is for $5, "the full amount of the solemn funeral of Mr James Widington, burried the 22d of March 1838". It is signed by J. Fr. Van Assche, the same priest who married Samuel D. Walton and Elizabeth Piant.
In May 1838 there was a sale. The widow took items with an appraised value of $86.50 including a horse mule valued at $80. The other items brought about $290 from about 20 buyers. The mare mule sold for $50.
On April 23, 1838 Catharine paid William Young $44.25 ($1/day for 15 days plus expenses) to go to Black River and bring back 4 horses and a mule that the deceased had left there. Later on July 5, 1838 the estate paid E. H. Dickson $72 (36 days at $2/day) to go to the western part of Missouri and to Arkansas relative to business of the deceased. The contents of the inventory suggest that James Withinton may have made his living as a trapper.
On March 28, 1831 James Withinton had given Thomas Withinton a deed of trust on a tract of 90 arpents in exchange for a payment of $500 and a promise to pay him another $300 on April 1, 1832. The second payment was never made. The assets of the estate are insuffient to repay the $500 plus interest and redeem the land, and E. H. Dickson in March 1839 petitions the court for permission to sell the tract at public auction. In his settlement of December 1839 Ephraim H. Dickson reports notes due the estate ($404.50), cash on hand ($20.50), proceeds of sale ($276.39), amount retained by the widow ($86.50), and $1200 from Samuel D. Walton from the sale of the land. The total is $1987.89. In another document Dickson says that the equity of redemption in the land was sold to Samuel Walton at public vendue pursuant to a court order of September 10, 1839. For reasons that are not clear that sale to Samuel Walton must have fallen through because the same tract was sold at public auction on the first Monday in December 1839 by Ephraim H. Dickson, administator, to Marshall Brotherton for $1755.
In his settlement of December 1842 Ephraim H. Dickson mentions a debit to his account of $653.15 as curator of Elizabeth and Thomas Withinton. The balance is $796.59. On December 15, 1842 Peter A. Walsh again becomes the administrator of the estate. On December 28 Peter Piant becomes the guardian of James Withinton's minor children. There is no indication as to whether Catharine Withinton is alive or not. The census, however, indicates that she and Ephraim H. Dickson were both alive in 1860.
I, Peter Piant as Guardian of Elizabeth Withinton and Thomas Withinton minor heirs of James Withinton deceased late of St Louis County Missouri, hereby acknowledge to have received of Peter A Walsh Public administrator for the said County of St Louis having in charge the estate of the said Withinton the sum of six hundred and eighty two 59/100 dollars being the sum referred to in a bond this day made by myself & Samuel Walton to the said Walsh having even date herewith.
St Louis December 28th 1842 Peter (his X mark) Piant
I, Ephraim H Dickson husband of Catherine Dickson the late widow of James Withinton deceased hereby acknowledge that the entire interest of my said wife in the balance charged against me in my settlement as adm'r of the said James Withinton made at the December term of the Probate Court of St Louis County A _ 1842 is included in the above receipt & this shall serve to the said Peter A Walsh as my receipt in her behalf for the same I concurring in the arrangement which gives rise to the foregoing receipt of Peter Piant Guardian as aforesaid
Witness December 28th 1842. E. H. Dickson
A settlement in September 1845 suggests that the $682.59 paid December 28, 1842 was the total of what remained in the estate when that payment was made.
TRACT OF 90 ARPENTS:
A sheriff's deed recorded on page 68 of Book R4 of the St. Louis Co. Deed Records provides additonal information about the 90 arpent tract. On July 20, 1842 the St. Louis Circuit Court rendered a judgement in favor of Thomas Withington and David Martin, administrator of Thomas Withington, dec'd, against Ephraim H. Dickson, administrator of James Withington, dec'd, Samuel Walton, and Alexander Monroe for the sum of $500 unpaid by James Withington on a certain mortgage plus $339.37 accumulated interest. The mortgaged tract is in St. Louis County and contains 90 arpents and adjoins lands of Thomas Withington, Sr., Benjamin Levy, Joseph Walton, and others, being the same tract conveyed by said Thomas Withington to said James Withington and on which "the said James Withington now resides". Since by 1842 James Withinton was dead, presumably the judgement should have said "on which the said James Withington resided before his death". The court orders the sheriff to sell the tract at auction and further states that if the proceeds of the sale be insufficient to satisfy the said debt, interest, and costs, "then the residue to be levied of the goods and chattels and lands and tenements of the said James Withington".
The sheriff sold the property on December 12, 1842 at public auction for cash at the courthouse door in the city of St. Louis to the highest and last bidder, who was Samuel D. Walton. He paid $539. The sheriff's deed to Samuel D. Walton is dated January 27, 1843.
Based on the probate records it appears that the 1842 sale is the third time the 90 arpent tract was sold at public auction. James Withinton's 2 children, Thomas and Elizabeth, were alive in December 1842 when Peter Piant became their guardian. Since Elizabeth is not mentioned in the July 20, 1842 judgement, I assume that the phrase "Thomas Withington and David Martin, administrator of Thomas Withington, dec'd" refers to James's brother and his father, respectively. The debt was owed to the father, and hence his son and heir Thomas could claim a portion of it.
Three deeds in 1848 involve the same 90 arpent tract. On February 22, 1848 Ephraim H. Dickson and Catharine Dickson, his wife, of St. Louis Co. sell to Samuel D. Walton of the same county for $300 and other consideration survey 1251 in the common fields of Village a Robert. The survey was made in 1818 by Joseph C. Brown and contains 90 arpents = 76.56 acres in T46NR6E. The same land was confirmed to Joseph Glover October 1, 1811. (Bk X4, pg 313) Then on March 20, 1848 Elizabeth Withington of St. Louis Co. gives a quitclaim deed to Samuel D. Walton for all her interest in survey 1251, a tract of 90 arpents situated in the common fields of Village a Robert. (S4/24) On November 16, 1848 Samuel D. Walton and Elizabeth Walton, his wife, of St. Louis Co. sell to Pascal Piant of the same place for $1200 survey number 1251. (Bk X4, pg 314)
1
2
U.S., French Catholic Church Records (Drouin Collection), 1695-1954, Florissant; Baptêmes > 1792-1857; image 44/315. Repository: http://www.ancestry.com.
3
4
5
Missouri Marriages to 1850, Repository: http://www.ancestry.com.
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