Court Records: Probate

February 26, 2022 / Gail Grunst Genealogy / 1 Comment

We find our ancestors in a variety of court records such as; wills, probate, criminal and civil cases, divorces, and naturalization records to name as few. Through the years, I have found several court records that have helped me establish a relationship, and some that have given me a glimpse into my ancestor’s life.

One such court record is the probate file for my 2nd great-grandfather, John Desens. I was looking for proof that he was my 2nd great-grandfather. I was pretty sure I had the right person, but needed positive proof and I did find it in the probate file.

Above it states that Carl Desens who resides at 111 Washington Street, Forest Park, Illinois is the son of John Desens, the deceased. Carl Desens is my great-grandfather.¹ This was the proof that I needed for my family tree.

Also, it states in the probate file that John Desens suffered a violent death.² I already knew about the circumstances of his death by newspaper accounts and a court transcript of criminal case against his neighbor.³

States John Desens died a violent deateh

What I did not know was that his neighbor, Fred Zell tried suing John Desens’ estate for $5000 because he was permanently disabled from the fight he had with John Desens’. But John’s estate counter sued and below is the statement from the probate file that gives the reason they are suing Fred Zell.⁴

Description of John Desens violent death

Above is a description of what Fred Zell did to John Desens. Since it may be hard to read I am going to transcribe that part. “Fred Zell did at said time and place unlawfully, willfully, wrongfully, and feloniously assault, strike, beat, bruise, cut, stab, kick, choke, throw down to ground with great violence and while so down cut, kick choke, stab, beat and bruise the said John Desens and put him greatly in fear of his life. That therefore the said John Desens (now deceased) was made sick, sore, bruised and disabled from attending to his business and to care for himself in any manner what ever from the 26th day of June A.D. 1907 to the time of his death.” John’s estate tried to sue Fred for $5,900. It was settled with John’s estate paying Fred $1.00.⁵ In the criminal case against Fred Zell for killing John Desens it was found that there was not enough evidence to convict Fred.⁶

In this probate file was the legal description of his farm and a list of all his belongings. The legal description helped me find John’s Farm. The list of belongings gave me a glimpse into his life.⁷

I have other wills and probate files that help me understand my ancestors life and their surroundings as well as prove heirs.

Week 8 Courting 52 Ancestors in 52 weeks.

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¹Probate file for John Desens filed in the McIntyre Library at the University of Wisconsin-Eau Claire, 103 Garfield Ave, Eau Claire, WI 54701.

²Ibid.

³Criminal file for Fred Zell, Clerk of the Court, 517 Court Street, Room 405, Neillsville, Wisconsin 54456. Sent by Elizabeth Frost, Deputy Clerk to Abigail Grunst

⁴Probate file for John Desens filed in the McIntyre Library at the University of Wisconsin-Eau Claire, 103 Garfield Ave, Eau Claire, WI 54701.

⁵Ibid.

⁶Criminal file for Fred Zell, Clerk of the Court, 517 Court Street, Room 405, Neillsville, Wisconsin 54456. Sent by Elizabeth Frost, Deputy Clerk to Abigail Grunst

⁷Probate file for John Desens filed in the McIntyre Library at the University of Wisconsin-Eau Claire, 103 Garfield Ave, Eau Claire, WI 54701.

On the Farm

September 29, 2018 / Gail Grunst Genealogy / 1 Comment

52 Ancestors in 52 Weeks theme this week is on the farm.

I only have three ancestors that farmed and I have already written about all three. However in previous posts I wrote more about their lives and very little about their farms. Today, I will focus on John Desens my 2nd great grandfather’s farm. John owned a farm near Greenwood, Clark, Wisconsin.[1] A few years ago I made a trip to the court house in Neillsville, Clark, Wisconsin to research John. At that time I did not have paper proof that he was my 2nd great-grandfather and that was the purpose of the trip. I was searching for his probate file, land records, and the criminal file for the neighbor who killed him. I didn’t get everything I wanted that day, but I was able to search the Grantor and Grantee books. I knew his death date so I started with the Grantor books for 1907 and found the sale of the farm in Sept of 1907. I did not recognize the name of the man who purchased it. Next I wanted to see the title and get a legal description. So I copied down the information of the book and page number the title should be in. The clerk took me to the basement of the court house where they kept the books. The book shelves were covered with plastic tarps. She pulls a tarp back, pulls out the book and opens to the page. I was able to write down the legal description. Then next to that title was one for his son. I wrote down that legal description too. It appeared that they each owned 40 acres next to one another. The clerk asked me if I would like to know where the farms were today. She anticipated my next question! We went back upstairs to look at the current plot book. By the legal description we were able to find the farms and the roads that they are on today.

The legal description of John’s farm read: NE quarter of Sec 6 Township 26 range 2W of the fourth Principle (40 acres).[2] Farm today is located at SE corner of Rock Creek Road and Resewood Road from the current plat book.

Satellite View of John’s Farm today. Google Earth Photo.

The legal description of Herman’s (John’s son) read: NW quarter Sec 6 Range 2W of fourth principle (40 acres).[3]

Grantor Index, Clark County Wisconsin 1905 1/2 – 1911 ½ Vol 8, page 117, notes from mortgage: Paid off September 26, 1900. [4]

Herman died in 1901 and John inherited his son’s 40 acres.[5]

According to John’s probate file when he died in 1907 his equity included the following:[6]

1 grey house

80 acres of land

1 boy horse

36 chickens

1 cook stove and pipe

1 shovel

1 spade

1 buck saw

1 screw driver

1 inch chisel

2 sacks of flour

2 tin pails

2 Axes

1 Plow

1 harness

1 trowel

1 lantern

4 chairs

1 oil can

1 bob sled

1 wood splitter

½ acre of grown peas

1 ½ acre of rye

3 ½ acres of oats

1 acre of potatoes

2 acres of grass

7 bushels of oats

1 clock

I could not make out the hand writing for some items on the list. The grand total came to $1356.81.

It looks like John was a poor farmer. From what I can tell he had only been farming in Wisconsin for about 8 or 9 years at the time of his death.[7] He was 74 years old when he died.[8] It must have been hard for him to farm by himself in his late 60’s and early 70’s. Perhaps when he and his son bought their farms, he thought his son could do a lot of the heavy work, unfortunately his son, Herman died in 1901 at age 30.[9]

After finding the location of the farm, my husband and I drove out see it and here are some pictures of the way it looks today.

John’s Farm from the corner of Resewood Road and Rock Creek Road, Clark County, Wisconsin.

The farm was sold to Edwin H. Wood in September 1907.[10]

I did find proof that John Desens was my 2^nd great-grandfather in his probate file.[11]

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[1] Grantor Index Book, Clark County Wisconsin 1905 1/2 – 1911 ½ Vol 8, page 117, notes from mortgage: Paid off September 26, 1900. Filed at Clark County Courthouse, Recorder of Deeds, 517 Court Street, Room 303, Neillsville, Wisconsin 54456.

[2] Ibid

[3] Ibid.

[4] Ibid.

[5] Ancestry.com. Wisconsin, Wills and Probate Records, 1800-1987 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc, 2015. Original data: Wisconsin County, District and Probate Courts.

[6] Probate file for John Desens filed in the McIntyre Library at the University of Wisconsin-Eau Claire, 103 Garfield Ave, Eau Claire, WI 54701

[7] Ibid.

[8] Death Record of John Desens, Pre -1907 Wisconsin Death Record County Clark, Volume # 01 Page # 438. Filed at the State Historical Archives of Wisconsin, Miroforms room, 816 State Street, Madison, Wisconsin 53706

[9] Clark Co., Wis. Internet Library Home Page

[10] Grantor Index Book, Clark County Wisconsin 1905 1/2 – 1911 ½ Vol 8, page 117, notes from mortgage: Paid off September 26, 1900. Filed at Clark County Courthouse, Recorder of Deeds, 517 Court Street, Room 303, Neillsville, Wisconsin 54456.

[11] Probate file for John Desens filed in the McIntyre Library at the University of Wisconsin-Eau Claire, 103 Garfield Ave, Eau Claire, WI 54701

Black Sheep?

June 26, 2018 / Gail Grunst Genealogy / 1 Comment

Frances and Helen Bowers

Ralph Bowers

52 Ancestors in 2 Weeks topic this week is Black Sheep in the family.

I can’t think of any ancestors that were black sheep in the traditional sense. I have not run across any criminals or ones that have done outrages things and been banished by family.

The closest I can come to black sheep are my grandmother, her brother, and sister. My grandmother’s parents were divorced when she was a young child. She grew up never knowing her father or his family. They lived in the same small town, and she would see them from a distance. She said the reason she never knew them was because the Bowers family thought they were better than the Reinhardt’s. My Grandmother claimed the Bowers denied that their son, Robert, married and had children. My grandmother told stories of how she saw her grandmother, Alexena, in the cemetery; but Alexena did not acknowledge her. One time she saw her father walking down the street and she ran up to him and said, “I’m your daughter.” He said, “Get away from me kid, I don’t have any children.” The Bowers were of English and Scottish descent, and the Reinhardt’s were from Germany. Also the Bowers appear to be financially better off than the Reinhardt’s. It also appears that the Bowers were upper class and the Reinhardt’s lower class. Maybe the Bowers had something against Germans or maybe it was a class thing.

The story is that Robert Bowers and Eva Reinhardt ran off to Chicago to be married, however I have not been able to find a marriage record for them in Cook County Illinois. For awhile, I wondered if they never married and that is why the Bowers denied the children were Roberts. However after Charles Bowers died in February 1897,[1] Robert and Eva sign a quit-claim deed over to Alexena Bowers on 26 June 1897.[2] It lists Eva Bowers as Robert Bowers wife.[3] Eight days earlier on 18 June 1897 Eva and Robert’s first child is born.[4] Charles bought the two lots listed on the quit-claim deed in 1882. [5] At some point he turned the lots over to Robert and Eva. I am wondering if he gave them as a wedding present to Robert and Eva. After his death and after their first child is born, the property is signed over to Alexena for $1.00. I am speculating here, but did she insist on getting the property back because of her dislike for Eva and now their newborn child? I never found a divorce record for Robert and Eva either. Robert died in Chicago 4 March 1913.[6] Eva went by Eva Bowers until she died 23 December 1941.[7] Her death certificate lists her as Eva Bowers, widow. I believe they were married because of the quit-claim deed and her life long use of the Bower name. I beginning to believe that they were never officially divorced. See Quit-Claim Deed below:

img145 (2)

The story my grandmother told came to life for me when I read Alexena’s will. This is proof that they did not want to acknowledge Robert’s children. The following is a transcribed from Alexena’s will in Probate Court for proof of heirship:

On the 26^th day of June 1926 R Ethel Vittum, a competent witness of lawful age produced sworn and examined on oath in open court, testified as follows, to-wit:

C. B. Chapman
Q. Your name is R. Ethelyn Vittum?
A. Yes
Q. You reside in Ottawa, Illinois?
A. Yes
Q. You are a daughter of Alexena Bowers?
A. Yes
Q. When did she die?
A. March 7, 1926
Q. Where did she die?
A. At her residence 543 Chapel Street
Q. At the time of her death was she an actual resident of the city of Ottawa, County of LaSalle, State of Illinois?
A. She was
Q. About what was her age?
A. 79 years in August
Q. She was a citizen of the United States?
A. She was
Q. Did she leave a surviving husband?
A. No
Q. What was her husband’s name?
A. Charles Bowers
Q. And about how long ago did he die?
A. I think it was about thirty years ago
Q. Was she married more than once?
A. No
Q. How many Children were born of the marriage?
A. Five
Q. What were their names?
A. Richard L. Bowers, Elizabeth A. Bowers, Robert F. Bowers, Genevieve L. Bowers, myself.
Q. R. Ethel Bowers is yourself?
A. Yes
Q. And you are residing in Ottawa, Illinois?
A. Yes
Q. Is R. L. Bowers living?
A. He is
Q. And he is living in Ottawa, Illinois?
A. In Ottawa
Q. And Elizabeth Ann Bowers is living in Ottawa?
A. Yes
Q. Is Richard Bowers living?
A. Richard and R. L. are one and the same. You mean Robert?
Q. Robert, I should say.
A. He is dead
Q. About how long ago did he die?
A. 13 years ago, I think.
Q. And was he married?
A. I don’t know, Mr. Chapman
Q. You haven’t any knowledge so that you could testify as to whether or not he was ever married?
A. No.
Q. Do you know whether or not there are living any persons who claim to be his children?
A. There was a few years ago.
Q. And do you know there names or the names that they go by?
A. I don’t think of the name, Mr. Chapman.
Q. Let me refresh your recollection. Do you remember whether the persons who claim to be his children are Ralph Bowers?
A. Yes Ralph is one
Q. And Helen Kaiser?
A. I don’t know the Kaiser, but I know a Helen.
Q. Helen claimed to be Helen Bowers and you don’t know whether she is now married and whether her name is Kaiser.
A. No
Q. And Frances Bowers, who also claimed –
A. I think so.
Q. And do know that she is now married and her present name is Beck?
A. I don’t know.
Q. Were there any other parties than Ralph, Helen and Frances that claimed to be children of Robert?
A. I don’t know of any others.
Q. Never heard of any others?
A. Never.
Q. And in matters where the question of the heirship of Robert was raised you knew that there was proof made and these three parties were found to be children of Robert, did you?
A. Yes
Q. And found to be the only children of Robert?
A. Yes
Q. and the other child of Alexena Bowers was what?
A. Genevieve L.
Q. And she died in infancy?
A. Yes – Oh, no –
Q. Because she was-
A. Why she died about 29 years ago.
Q. Was she ever married?
A. No.
Q. Did your mother at any time ever adopt any children?
A. No. [8]

In 1935 Ethelyn passed away[9] and in 1947 Elizabeth passed away.[10] The only one left was Richard Bowers. It was after the others were all gone that my grandmother got to know her Uncle Richard Lambly Bowers. He must have been the one who gave her the pictures of the Bowers family that are now in my possession. I have done extensive researched Charles and Alexena Bowers, and I think it would be of interest to my Grandmother to know about her father’s roots. They seem to interest me for some reason. What kind of people deny their own grandchildren? By the way, my grandmother, her brother and sister did not receive any inheritance from her Grandmother.

Today with DNA tests it can be proved that my grandmother, her brother, and sister were indeed Robert’s children. I had my DNA test done and it is a match with fourth cousins that descend from one of Charles Bowers brothers.

Ottawa Avenue Cemetery Records: Ottawa, LaSalle County, Illinois. Record number 8539, Cemetery Card CCY-TS, Burial location OT18-7
Tract Index Book, Recorder of Deeds Office, Ottawa, LaSalle County, Illinois, Book488, Page 167, Microfilm at the LaSalle County Genealogical Guild 115 W. Glover St., Ottawa, Illinois 61350
Ibid.
[1] Registration State: Illinois; Registration County: Cook; Roll 1613573; Draft board: 53. Ancestry.com. U.S., World War I Draft Registration Cards, 1917-1918. {database on-line}. Provo, UT, USA; Ancestry.com Operation Inc, 2005. Original Data: United States, Selective Service System World War I Selective Service System Draft Registration Cares, 1917-1918. Washington, D. C. : National Archives and Record Administration. M1509, 4,582 rolls. Imaged from Family History Library Microfilm.
Tract Index Book, Recorder of Deeds Office, Ottawa, LaSalle County, Illinois, Book238, Page 137, Microfilm at the LaSalle County Genealogical Guild 115 W. Glover St., Ottawa, Illinois 61350
Certificate and Record of Death for Robert F. Bowers, March 4, 1913, Registration 1311, Department of Heath, City of Chicago, Cook, Illinois
Certificate of Death for Eva Bowers; State of Illinois, Department of Public health, Division of Vital Statistics, Springfield, Illinois, Registration Number 34633. Date of death: December 23, 1941; Place of death: County of Cook, City of Chicago.
“Probate of will of Alexena Bowers” (Proof of Heirship), 26 June 1926, LaSalle County, Illinois, Old Estate Books, File 1, Box 954., LaSalle County Court House, Ottawa, Illinois. Photocopy of original in possession of this writer.
Cemetery Record for Ethelyn Bowers, Ottawa Avenue Cemetery, Ottawa LaSalle, Illinois; Date of Birth, June 20, 1878, Date of Death March 14, 1935, Burial March 16, 1935; Burial location: OT, 18-7, Cemetery Card: CCY-TS, Record: #8542.
Cemetery Record for Elizabeth Bowers, Ottawa Avenue Cemetery, Ottawa, LaSalle, Illinois; Date of Death January 31, 1947; Burial location OT, 18-7; Funeral Home Gladfelter; Cemetery card CCNF-noTS; Record number 10315.