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Documents Relating to the Probate of Vincent Carrico, JR

submitted by Dan & Marilyn Devaney



Transcriptions and PDFs for Vincent Carrico Jr.:

Here are the more important documents from the estate of Vincent Carrico, Jr.  Some seem to be typewritten copies of the original court records and some of them are just scraps of paper.  I remember when I was able to visit the Missouri Historical Society archives in St. Louis I had to wear white gloves before I was able to have the folder.  I had them copy all the pages possible but some are almost unreadable.  This was before I had any idea that we were related to the various people.  Wish I could go back there but it is just too far from Hawaii.

SOURCE-THREE NAMES OF FIVE CHILDREN LEGIBLE IN THIS DOCUMENT FROM FATHER VINCENT (OUR ID#1179) CARRICO’S PROBATE RECORDS:
St. Louis Probate Court Digitization Project: 1802 - 1900
http://www.sos.mo.gov/archives/stlprobate/
Carrico, Vincent
Case Number 00202, Date Filed 1816, Microfilm Reel C 27454
     
Collection #22, Document #4

[The entire page is not visible.]

The estate of Vincent Carrico decd
        to Susana Carrico Admin
to Boarding & clothing of five of the ...
[can’t read but the other two children would be Silas and Felix] ... Walter, Lidia, Vincent.

SOURCE-FILING OF PETITION FOR PARTITION OF PROPERTY IN ST. LOUIS CO., MISSOURI:
Taken from records at the Missouri Historical Society.

Document 1 Page 1 & Document 1 page 1a
Document 1 page 2 & Document 1 page 2a
Document 1 page 3
State of Missouri

At a circuit court begun and held at the City of St. Louis within and for the County of Saint Louis in the third Judicial Circuit of the State of Missouri on the fourth Monday of March being the twenty sixth day of said month in the year of our Lord one thousand eight hundred and thirty two, were present the Honorable William C. Carr, Judge of the third Judicial Circuit of the State of Missouri, 
John K. Walker Esquire, Sheriff of the County of Saint Louis and
Archibald Gamble, Clerk

Court adjourned from day to day until Wednesday 11 May 1832

Wednesday 11 Apr 1832
Court met pursuant to adjournment - present as before:
The Heirs and legal Representatives of Vincent Carrico Senior deceased -
Petition for partition

Now at this day
Asa Carrico,
James Carrico,
Reuben Musick, and Lydia Musick his wife,
Moses Martin,
Felix Carrico,
Silas Carrico by Burr Fugate his Guardian,

Rhoda Martin,
Susan Martin,
Polly Martin,
Lydia Martin,
Vincent Martin and
George Martin
by Moses Martin their father and next friend

come here into court by Mr. Gamble their attorney and file their petition setting forth that Vincent Carrico Senr. formerly of the county of Saint Louis died siezed [sic] of a certain tract of land in said county on which he resided at the time of his death and which he had purchased of one John Brown containing as was computed at the time of said purchase six hundred arpens.  This tract is situated on what is called the River St. Ferdinand or Cold Water Creek, and is bounded partly by Cold Water Creek on the south, westwardly by the land of John Patterson, northwardly by land of James Coryell and Frederick Hyatt, Eastwardly by the land of George Proctor -

that the said Vincent Carrico by his last will devised the said tract of land to his son Vincent Carrico Junr. and his daughter Lydia Carrico now Lydia Musick to be equally divided between them as it respects quantity and quality and timber and to be divided so that Vincent Carrico’s part should include the dwelling house and improvements near it and the said Lydia’s part to include the improvements next to the creek. -

That the said Vincent Carrico Jun departed this life intestate and without issue leaving as his heirs and legal representatives his brothers

Asa Carrico,
James Carrico,
Daniel Carrico,
Benjamin Carrico,
Walter Carrico,
Felix Carrico and
Silas Carrico
 
and his sisters
 
Lydia Musick, Melinda Carrico and Elizabeth Martin entitled to the said interest in said land so devised to him by his father Vincent Carrico - that the interest in the said land which descended from the said Vincent Carrico Junr. to
 
Daniel Carrico,
Walter Carrico,
Benjamin Carrico and
Melinda Carrico

has been conveyed to and vested in John Evans -

that the interest to said land that descended to Elizabeth Martin has by the death of the said Elizabeth been vested in Moses Martin her husband as tenant by the curtesy [sic], and in her children

Rhoda,
Susan,
Polly,
Lydia,
Vincent and
George

petitioners as above -

That the interest which descended from Vincent Carrico Junr. to his sister Lydia Musick had been conveyed to and been vested in the said John Evans -

and praying that the said tract of land may be divided by Commissioners to be appointed by this court so that the partition may be made according to the will of the said Vincent Carrico Senr. between the said Lydia Musick’s part and the said Vincent Carrico Junr.’s part, and that the share of the said Vincent Carrico Junr. may be divided between his present legal representatives according to their respective rights therein and above set forth -

thereupon the said John Evans appears and files his answer, and for answer to the petition of the above petitioners says that the facts therein stated are true and he this defendant consents that partition be made of said land as above prayed -

Whereupon it is ascertained and determined by said court that Lydia Musick wife of Reuben Musick is entitled to one half of the said tract of land in the petition mentioned to be divided from the other half of the said tract of land in the petition mentioned to be divided from the other half of said tract according to the will of the said Vincent Carrico Senr. so that the part devised to Vincent Carrico Junr. shall include the dwelling house of the said Vincent Carrico Senr. and the improvement near it and the said Lydia Musick’s part shall include the improvement next to the creek -

and it is further ascertained and determined that

Asa Carrico,
James Carrico,
Felix Carrico, &
Silas Carrico

are each entitled to one tenth part of the portion of said tract of land in the petition mentioned, which shall be by partition according to the will of the said Vincent Carrico Senr. set off as the part of the said Vincent Carrico Junr. -

and that Moses Martin as tenant by the curtesy [sic] is entitled to one tenth part of the said land of the said Vincent Carrico Junr. with reversion in fee in the said tenth part to
 
Roda [sic] Martin,
Susan Martin,
Polly Martin,
Lydia Martin,
Vincent Martin and
George Martin -

and that John Evans is entitled to five tenths of the said land devised to the said Vincent Carrico Junr. as the same shall be separated from the land of the said Lydia Musick -

therefore it is considered by the court that partition of the said lands tenements and hereditaments in said petition mentioned and described be made among the said parties according to their respective rights therein as above ascertained and it is hereby ordered that Francis Nash, Cumberland James and John Patterson, three respectable Freeholders residents of the county of Saint Louis where the lands lye [sic] be and they are hereby appointed commissioners to make the said partition quality and quantity relatively considered according to the respective rights and interests of said parties as above ascertained and that they make report of their proceedings at the present term of this court.

A true copy of the order - Archibald Gamble - Clerk”

-------------------------------------------------------------------

“You and each of you do solumly [sic] sware [sic] that you will, well and truely [sic], without partiallity [sic] favour or affection discharge the duties of commissioners, to divide the land above described agreeable  to the above order of the Circuit Court so help you God

Signed:
C. James
John Patterson Junr.
Francis Nash

State of Missouri
County of St. Louis

Personally came before me, a justice of the peace within and for said County of Saint Louis, Cumberland James and John Patterson and Francis Nash was duely [sic] sown [sic] agreeably to the oath above written before entering on their duties, on this 2nd day of May 1832.

A. Whiteside, J.P.

SOURCE-FILING OF PETITION FOR PARTITION OF PROPERTY IN ST. LOUIS CO., MISSOURI:
Taken from records at the Missouri Historical Society.

Document 5
[NOTE:  This was a copy of just a part of a piece of paper with only these words:]


“Rhoda   Susan   Polly   Lydia   Vincent   George   Martin

Children of Moses & Elizabeth Martin formerly Elizabeth Carico

James Carico  Asa Carico  Daniel Carico  Walter  Carico  Phelix, Silas & Benjamin Carico

Melida Fugate & Lydia Musick –“

[NOTE:  Since Phelix who died 17 Sep 1832 is listed and not his heirs, this must have been written before that date.  There are six Martin children listed which would probably mean that these six were still living at this time.  In the following undated document from the same file, there are only three Martin children, unfortunately not named, still living.]


SOURCE-PARTITION OF ESTATE-ST. LOUIS CO., MISSOURI:
Taken from records at the Missouri Historical Society.
Document 6 page 1
Jno Evans
Partition
Heirs of Carrico
Names of representatives


[NOTE:  We don’t know if the following part in red belongs with the rest of this document.]
Document 4 page 2 (same as Document 6 page 3)
Vincent Carrico died leaving as brothers, sisters
-Asa
-Elizabeth married to Moses Martin who is dead leaving 3 children
-James
-Daniel
-Benjamin
-Walter
-Lydia married to Reuben Musick
-Melinda - Burr Fugate
-Felix - Musick Gn [Guardian]
-Silas - Fugate Gn  [Guardian]

Documnet 6 page 2
-James Carico Resides in the upper part of Missouri.
-Asa Carico & Moses Martin, Elizabeth his wife, live in Illinois.
-Phoelix & Silas are under 21 years of age & in this County.

Take notice on the first day of the Circuit Court for the County of St. Louis of July Term next or so soon thereafter as Council can be heard.  I shall petition that Court for an order for division of this tract of land on the Coldwater Creek containing 290 Acres purchased by Vincent Carico Sen’r. of John Brown as will appear by deed of Record dated July 28th 1812, Left by will to Vincent Carico Junr. he dying intestate and without children his land belongs to his Brothers and sisters.

[Signed]
John Evans

The 290 are only one half the tract of land purchased of John Brown it has been divided between Vincent Carico Junr. & his sister now Lidia Music by commissioners appointed April term of the Circuit Court 1821.


Daniel Carico, Walter Carico, Benjamin Carico & Burr Fugate and Melinda his wife have sold their interest in said land. 

Reuben Music & Lidia his wife have a full share in said land.


SOURCE-PARTITION OF ESTATE-ST. LOUIS CO., MISSOURI:
Taken from records at the Missouri Historical Society.
 
Document 2 page 1 & Document 2 page 1a
Document 2 page 2

Date 4 May 1832

“To the Honorable the Circuit Court of the County of St. Louis the undersigned commissioners appointed by this Court to make partition of certain land claimed by Lydia Musick wife of Reuben Musick and the legal representatives of Vincent Carrico Jr. deceased report

That having been duly sworn to make such partition as appears by our oath herewith filed we proceeded to make partition of the tract of land in said Order of Court mentioned between Lydia Musick wife of Reuben Musick and the legal representatives of Vincent Carrico Jr. deceased according to the will of Vincent Carrico Senior and we allotted to said Lydia Musick as her part of said tract of land, that part containing three hundred and thirteen acres and thirty eight hundredths of an acre which upon the plat of survey hereto annexed and forming a part of this report is designated as No 2 with the courses distances and boundaries as are in said survey set forth and we allocated to the legal representatives of Vincent Carrico Jr. deceased as their part of the said tract of land in the said order of Court specified that part containing three hundred and thirteen acres and thirty eight hundredths of an acre which upon the said plat of survey hereto annexed is designated as No 1 with the courses distances and boundaries in the said survey specified

And we do further report that the said tract of land so allotted to the legal representatives of the said Vincent Carrico Jr. deceased is so situated that a division thereof among the legal representatives of the said Vincent Carrico Jr. cannot be made without great prejudice to the owners of the same.

In witness where of we have hereunto set our hand & seals this fourth day of May in the year eighteen hundred and thirty two.

Francis Nash -- seal
John Patterson -- seal”


SOURCE-COMMISSIONERS’ REPORT-ST. LOUIS CO., MISSOURI:
Taken from records at the Missouri Historical Society.

Document 3 page 1 & Document 3 page 1a
Document 3 page 2 & Document 3 page 2a
Document 3 page 3

Vincent Carrico’s representatives & Lydia Musick
Commissioners report

Report filed & approved
May 4th 1832
AG, Clerk

Claim & Survey

N: 104, situated on cold water creek in Township 46 North, Range 6 & 7 East 5’ principal Meridian being St. Louis county granted to John Brown, and estimated to contain 600 arpens = 510 42/100 acres, by said John Brown transferred to Carrico Senior who died, and in his last will ordained the tract to be equally divided between his son Vincent Carrico and daughter Lydia Musick.

DRAWING OF PLOT

In conformity with an application from Francis Nash, Cumberland James and John Patterson, appointed commissioners by the honorable circuit court of the third judicial circuit of the State of Missouri for the equal division of above tract of land between the heiress and legal representatives of V. Carrico junior on the one part and Lydia Musick (wife of Reuben Musick) on the other part, I have ---, acting as deputy county surveyor executed the division represented on the above plat, guided by the direction of the appointed commissioners, after having examined the boundary lines, and ascertained the whole tract to contain 736 77/100  arpens = 626 77/100 acres  and on the courses and distances on exterior and division lines and corners as followes [sic] with reference to above plat.

No. 1

Survey details.

No. 2

More survey details.

I certify, that the courses and distances here represented and laid down on the Plat are correctly transcribed from the result of the original field notes, taken and executed the 1st & 2nd of May on the ground, that the whole tract and the divided parts contain such quantities of land as the Plat and description call for that the lines are all ---- and bearings taken to variation of 7 degrees 4.3’ East, and that this plat and survey is correctly recorded in book of surveyors record Page 154 &155.  The survey being N. 84 in law book of Record.

St. Louis 4. 1832 [sic]

Signed

[illegible]
deputy county surveyor

[Bill for survey of Vincent Carrico, Jr.’s land.]

Lineal measure 429 chains                                         $4.29
Traveling 40 miles at the rate of 5 cents per mile         2.00
Calculating the whole tract                                             .50
2 division calculations each 50 cent                              1.00
For the making out the plot and certificate                     .37 1/2
For taking out the necessary descriptions                       .37 1/2
                                                                                  $8.54

SOURCE-NOTICE OF SALE OF PROPERTY:
Taken from records at the Missouri Historical Society.

Document 4 page 1
From unnamed newspaper:

SALE OF REAL ESTATE
Pursuant to an order of the Circuit Court for St. Louis County, will be sold at the Court House door in the City of St. Louis, on the fourth Monday of September next, the undivided interest of the heirs and legal representatives of Vincent Carico, sen’r., dec’d., in and to a certain tract of LAND situated in the township of St. Ferdinand, on the St. Ferdinand River, or Cold Water Creek, and on which John Evans now resides; bounded on the North West and West by John Patterson, sen’r., on the North by James Coryell; on the East by G. Proctor and Dr. Holliday; on the South by Reuben Musick and said River St. Ferdinand, or Cold Water;  for the courses and distances of which tract, reference is here made to the plat returned as part of the report of the Commissioners for making partition of said tract, to the Circuit Court.  Ten per cent of the purchase money to be paid down in cash, the balance in twelve months, the purchaser giving bond, with good security and a mortgage on the premises, to secure the payment of the balance of the purchase money.

CUMBERLAND JAMES,     }
FRANCIS NASH,              }  Com’rs.
JOHN PATTERSON,         }
Aug. 31, 1832


SOURCE-1843 SETTLEMENT OF ESTATE-RALLS COUNTY, MISSOURI:
From Kenneth Perry Darling

Document 7 page 1
Document 7 page 2
Document 7 page 3
Document 7 page 4
Document 7 page 5

Benton County Missouri Deed Book E, pp 58, 58[sic], 60, Land in Ralls County awarded by Court decree to heirs of Vincent Carrico, deceased.  1843.

The state of Missouri, County of Ralls.  In the Ralls circuit court sitting as a court of Chancery on the tenth day of June 1843 the following decree was entered up in said court to wit.

James Q. Carrico and others the heirs of Vincent Carrico deceased complaintants versus the heirs of Jacques St. Vrain defendants.  In Chancery. 

And now at this day this court comes to be tried and it appearing to the satisfaction of the court that the defendants in the above named cause
-Theordore [sic] Bish and Mary his wife
-Augusti Fremon Delausiere and Emma his wife. 
-Leticile Dubreill St. Vrain widow of said Jacques deceased. 
-Dormititta St. Vrain,
-Edward W. Paul and Emma his wife,
-Corran Marcilline and
-Savenin St. Vrain
have failed to appear within the first six days of the present term of this court and show cause for not appearing at the last term and
-Charles,
-Julia,
-Heneritta [sic] and
-Elizabeth St. Vrain infant heirs of Charles D. St. Vrain,
and
-Julia and
-Emma St. Vrain infant heirs of Felix St. Vrain
have appeared at the last term by Augusti Fremon Delausiere their guardian ad litum who then filed his answer to the bill of said complainants herein stating in substance that he [sic] said guardian ad litum was acquainted with the facts and circumstances as stated as set forth in said bill and believed that the prayers thereof ought to be granted therefore on motion of the said complaintants of Gilchrist Porter there [sic] solicitor it is considered adjudged and decreed by the court that the prayers of the complaintants will be granted.  And that the said defendants execute the contracts therein set forth specifically.  According to said prayer by executing and delivering to the said complaintants therein named a general warrantee deed of conveyance for the quantity of five thousand two hundred arpents (one arpent is equal to about 0.85 acre) of land lying on Spencer’s creek in Ralls County Missouri being part and parcel of a tract of land of six thousand arpents of land granted by the Spanish Government to Antone Flandren and confirmed by act of congress of the eleventh of July A.D. 1836 which tract of land of six thousand arpents according to the survey thereof regularly made and authenticated is bounded as follows. 

First line beginning at the White Oak thence running north seventy one arpents four perches (a rod) and five feet at twenty arpents a Hickory, at forty arpents a Hackberry, at seventy one arpents four perches and five feet, a Red Oak. 

Second line runs thence west eighty four arpents at twenty arpents a Hickory, at forty arpents a Hackberry, at sixty arpents an Elm, at eighty four arpents a Red Oak.

The third line running sough seventy one arpents four perches and five feet, at twenty arpents a Red Oak, at seventy one arpents four perches and five feet a Red Oak.

The fourth line running eighty four arpents to join the place of beginning.  This line is bounded by lands of Louis Labeannie the said five thousand two hundred arpents being the whole of said tract except eight hundred arpents reserved to Antone Flandren bounded as follows to wit

twenty arpents in front by forty in depth beginning at the point of departure in said survey at a White Oak thence running north twenty arpents thence west forty arpents thence south twenty arpents thence -------- forty arpents. 

The said tract of eight hundred (ap) arpents being thus bounded as follows the north line by lands of the -------.  The west and south lines by the lands of Jacques St. Vrain and the east line by lands of Louis Labeannie saving to infants, married women, persons of unsure minds, and persons absent from the United States five years after their disabilities are removed to file their bill in Chancery to set aside this decree for fraud or other cause.

In testimony whereof I John Ralls clerk of the said circuit court have here unto set my hand and affixed the official seal of the said court at office in New London in the county of Ralls aforesaid this seventeenth day of June A.D., 1843

John Ralls, Clerk

SOURCE-30 AUG 1849 REPORT OF COMMISSIONERS ON SETTLEMENT  ESTATE-RALLS COUNTY, MISSOURI:
From Kenneth Perry Darling

State of Missouri, County of Ralls.  In the Ralls Circuit Court August term 1849 the following among other percedings [sic] were had in the Ralls circuit court sitting as a court of Chancery on the 30th day of August 1849 to wit.

Reuben Musick and Lydia his wife and other heirs and legal representatives of Vincent Carrico deceased.

Complaintants vis James Carrico and others [sic?] heirs and legal representatives of Vincent Carrico deceased defendants. 

The report of John Chitwood, James Alexander and Mark Shulse appropriated at the last March term of this court to make partition and division among the heirs and legal representatives of Vincent Carrico deceased of the real estate of the said deceased as therein described by the said commissioners is filed herein court examined or approved by the court and ordered to be recorded as follows to wit.

The undersigned commissioners John Chitwood, James Alexander and Mark Shulse appointed by the Ralls Circuit Court on the 28th day of March A.D., 1849 Respectfully submit their report of proceedings in the cause of Reuben Musick and his wife Lydia Musick and other heirs and legal representatives of Vincent Carrico deceased plaintiff against James Carrico and other heirs and legal representatives of Vincent Carrico deceased defendants upon petition for partition as follows to wit.

We assign and allot to the use of the heirs of Asa Carrico deceased the SW quarter of section 32 township 32 range 20 and the SW quarter of section 17 township 51 range 20 containing 320 acres.

We assign and allot for the use of the heirs of Elizabeth Martin deceased late Elizabeth Carrico the south half of section 20 township 51 range 20 containing 320 acres. 

We assign and allot to James Q. Carrico the E 1/2 of the SE quarter section 8 township 43 range 20; the east 1/2 of the SE quarter of section 33 township 46 range 20; the NW 1/4 SW quarter section 23 township 45 range 19 and the E 1/2 of the SE quarter section 33 township 43 range 20; also the NW 1/4 SW quarter section 10 township 51 range 20 containing 320 acres. 

We assign and allot for the use of the heirs of Daniel Carrico deceased the E 1/2 of the SE and W 1/2 NE and the SE quarter of the NE quarter of  section 11 township 29 range 14 and the NW 1/4 of the SW quarter section 3 township 29 range 14 in Scott County and the W 1/2 of the NW quarter of section 17 township 37 range 20 in Saline County containing 320 acres. 

We assign and allot to the use of Luke W. Watekins [We don’t know the connection as of Apr 2008.  He had a wife Mahala and four children in the 1850 Census and was living in Ralls Co., Missouri.] and Isaiah Carrico [A son of Benjamin Carrico deceased, brother of Vincent Carrico, Jr.] the SE quarter of section 19 township 35 range 13 in Perry County and NE quarter section 9 township 29 range 14 in Scott County containing 320 acres. 

We allot and assign to Walter Carrico the SW quarter section 32 township 32 range 20 and the NW quarter of section (ten) 10 township 51 range 20 containing 320 acres. 

We assign and allot to Reuben Musick in right of his wife Lydia Musick late Lydia Carrico the south half of section 9 township 51 range 20 west containing 320 acres. 

Also to the said Reuben Musick in virtue of his conveyance from Silas Carrico [The conveyance would have been before Silas Carrico’s death 3 Jun 1841.]  the west half of the NW quarter section 26 the E 1/2 of the NE quarter of section 35 and the E 1/2 of the NW quarter and SE quarter of the SW quarter of section 30 township 52 range 25 and NW quarter of the NW quarter of section 34 township 46 range 20 containing 320 acres.  

We allot and assign to Burr Fugate in right of his wife Malinda Fugate late Malinda Carrico the SW quarter of section 3 township 51 range 20 the SE quarter of section 32 township 52 range 20 containing 320 acres.

We allot and assign to the heirs of Felix Carrico deceased to wit Lydia Carico and Thomas Music in right of his wife Matilda Musick late Matilda Carrico and wife of Felix Carrico deceased the north half of section 20 township 57 range 20 containing 320 acres. 

We further report to the court that the remainder of the lands mentioned in the order appointing us cannot be divided without grant prejudice to the owners thereof in consequence to its particular situation and the large number of previous interested therein.

However fully ------ we asked to be discharged August 29, 1849.

John Chitwood 
James Alexander and
Mark Shulse. 
-------------------------------------------------------------------------------
State of Missouri, County of Benton, I Samuel K. Caldwell Clerk of the Circuit Court within and for said county of Ralls duly certify that the above and foregoing contains a full true and correct copy or transcript of the report of the commissioners in the above entitled cause and the order of the court therein as full and complete as the same is now remaining of record in the office of the said court. 

In witness whereof I the said clerk have hereunto set my hand and affixed the judicial seal of said court done at office at New London in said county of Ralls this 28th day of March 1850.

Samuel K. Caldwell, Clerk

The foregoing decree and report were filed for record 15 October 1850.

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