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Posts Tagged ‘Civil suits’

Henry died on 22 June 1893.  I wrote about it in the post dated August 10, 2012: “A Terrible Accident: Henry Spracklin is Killed, 1893!” Here is a hint:  Go to the Archive area on the right sidebar of this blog and find the month of August 2012, just above Categories.

The State Capital Building in Des Moines, Iowa

The next step was to search for an estate file.   I did find a probate for Henry that was dismissed because there wasn’t any “real” property and no money in his estate.  Henry did not have a will.

The probate did not appear in the records till 1894, more than a year later? I believe it is because, Elizabeth his surviving wife, received $300 for his death from Weyerhauser-Denkmann.  It would be worth researching court records for this civil suit regarding Henry’s death in the Scott County records.  I have not yet taken the time to do so.  I wonder if it would list the children?

Henry is buried in St. Marguerite’s cemetery on Highway 6th and Kimberly Road next to the Genesis Hospital in Davenport, Iowa. It is actually the Mt. Calvary Cemetery OLD (1 – 65) because St. Marguerite’s closed in 1944.  Henry does not have a tombstone according to my cousin.  I did not have time on my trip to Iowa in 2003 to visit Davenport to verify this so I go with my cousin’s story.

Find A Grave has a listing for this cemetery but Henry does not appear: 

Here is a breakdown of Henry F. Spracklin’s Probate/Estate File:  District Court, Scott Co., Iowa, Probate Packet #3751, 2nd Series No. 3726-3797, 1894-1901 FHL#1543779, Probate Index 1834-1958, FHL#1479397, Item 1.

Journal Entries: 1. Probate Index 1834-1958 Nebstedt-Zwickey FHL#1479397 Item 1, Probate Packet for Henry Spracklin #3751, died June 22, 1893, Vol. 6, pg. 301.

2. Public Notice of Probate, dated 10, Oct. 1894 – Appointment of Administrator T. A. Murphy.

3. Petition for Letters of Administration Oct. 9, 1894 by Elizabeth Spracklin FHL#1477259 pg. 564.

4. Order Appointing Administrator, Oct. 10, 1894 – T. A. Murphy is appointed.

5. Letters Issued, Oct. 10, 1894 pg. 565.

6. First Report and Application for Order to Compromise a Claim for Personal Injuries and Order, Oct. 11, 1894, pg. 567 to 569.

Probate Packet 2nd Series #3751 FHL#1543779:

1. Page 1 Probate Case #3751, Spracklin, Henry, Estate, Intestate.

2. Cover page – #3751 Probate Estate Henry Spracklin Dec’d – T.A. Murphy.

3. Petition – Date of death June 22, 1892, no real property except for a possible personal injury claim against Weyehaueser-Denkman for injuries that caused the deceased death. Signed by Elizabeth Spracklin widow of the deceased and the administrator T. A. Murphy, Oct. 9, 1894.

4. Administrator’s Notice – Exhibit A. – Signed receipt by Elizabeth Spracklin that she had received the $300.00.  (In today’s world $300 would be $7320 to $320,000.)

5. Petition for Letters of Administration Estate of Henry Spracklin cover page.

6. Administrator’s Notice – Public Notice on 10 Oct. 1894 by T.A. Murphy, Administrator.

7. Cover page of the Final Report Jan. 10, 1896.

8. Proof of Posting Notice – that a L.G. Susemihl had posted notice of the Estate at various locations.

9, 10, 11 – Final Report and Application for Order to Compromise a Claim for Personal Injuries, Oct. 11, 1894 – 3 pages – T. A. Murphy was appointed Administrator, filed a bond of $600. Decedent left no real or personal property and that all debts were paid and the decedent left a widow and 10 minor children; that the death was caused by the effects of the accident while in the employ of Weyehauser-Denkmann. They claim no liability but offer $300 to the survivors and that the Administrator believes that accepting the $300 will be in the best interests of the estate. Administrator is excused from filing an inventory and is ordered to pay over the sum of $300 to Elizabeth Spracklin for the support of her minor children.

12. Final Report of Administrator Oct. 12, 1894 – Discharging the Administrator and releasing of Bond and closing the probate.

Unfortunately no place in this probate was there a list of the surviving children.  Usually there is a “heirs-at-law” page for a probate that has no will.  Not in this case, because there was no money.

Maybe on a longshot, the court papers that cover the civil suit might show a list; however, was there a civil suit? 

In the last post, I presented a list of Henry and Elizabeth’s children of which my cousin and I had 11 listed.  So with the death of Sophie at an early age we arrive 10 living children.  

How this death affected my great grandmother Amarilla is unknown to me.  Henry was her full brother.  They both left home about 1875 and went off in different directions with Amarilla heading north to Minnesota and Henry going south in Iowa and then east to Scott County. 

In any event it was a tragic end to my great uncle’s life.  It scattered his children and broke down the family bonds well into the present day.

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