Introduction to Holcomb Administrator of the Estate of JS

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Introduction to Holcomb Administrator of the Estate of JS Bond, 29 October 1860 [Holcomb Administrator of the Estate of JS] Bond, 29 October 1860, Copy [Holcomb Administrator of the Estate of JS] Letters of Administration, 29 October 1860 [Holcomb Administrator of the Estate of JS] Letters of Administration, 29 October 1860, Copy [Holcomb Administrator of the Estate of JS] Docket Entry, Administration Papers, 29 October 1860 [Holcomb Administrator of the Estate of JS] Docket Entry, Administration Papers, 29 October 1860, Copy [Holcomb Administrator of the Estate of JS] Docket Entry, 29 October 1860–18 April 1862 [Holcomb Administrator of the Estate of JS] Case File Wrapper, circa 29 October 1860 [Holcomb Administrator of the Estate of JS]
Introduction to Holcomb Administrator of the Estate of JS
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Holcomb Administrator of the Estate of JS

Lake Co., Ohio, Probate Court, 29 October 1860–29 October 1865

Rounds for the use of the State of Ohio as well as Himself v. JS

Geauga Co., Ohio, Court of Common Pleas, 31 October 1860

Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS

Lake Co., Ohio, Probate Court, 18 April 1862

Historical Introduction

In 1860,
Henry Holcomb
28 Aug. 1830–7 June 1919. Tinsmith, coppersmith, hardware store owner, furnace manufacturer. Born in Youngstown, Mahoning Co., Ohio. Son of John Rogers Holcomb and Sarah Amelia Fitch. Married Emily Sawyer, 30 Aug. 1852, in Youngstown. Moved to Painesville...
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was appointed the administrator of the JS estate in
Ohio
French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...
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at the urging of his wife’s grandfather
Grandison Newell
2 May 1785–10 June 1874. Farmer, clockmaker, furniture maker, manufacturer, merchant, banker. Born in Barkhamsted, Litchfield Co., Connecticut. Son of Solomon Newell and Damaris Johnson. Married Betsy Smith, 16 Apr. 1807. Moved to Winsted, Litchfield Co.;...
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.
1
Henry Holcomb, Red Scrapbook #2, p. 76½, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.
Comprehensive Works Cited
Holcomb, Henry. Papers, 1864–1919. Western Reserve Historical Society, Cleveland.
Holcomb was not a claimant against the estate and had no unresolved debts against JS, yet the court apparently deemed him fit to administer the estate of JS, who was murdered in 1844.
2
Administration of an estate in Ohio could be granted to the widow or creditors, or the court could “commit administration to such other person as they shall think fit.” (An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 575, sec. 12.)
The Statutes of the State of Ohio, of a General Nature, in Force at the Present Time; With Notes and References to the Judicial Decisions Thereon. Cincinnati: C. A. Morgan & Company, 1854.
Holcomb leveraged his administrative role to acquire and sell the
Kirtland
Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...
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, Ohio,
House of the Lord
The official name for the sacred edifice in Kirtland, Ohio, later known as the Kirtland temple; also the official name for other planned religious structures in Missouri. JS and the Latter-day Saints also referred to the House of the Lord in Kirtland as “...
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and another JS property. While an Ohio statute granted estate administrators up to five years to discharge their executor duties, Holcomb evidently performed no other actions than securing these two properties, publishing notice of his intent to sell, and selling the properties at auction.
3
An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 584, sec. 63; Notice, 23 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Henry Holcomb, Red Scrapbook #2, pp. 76¾– 76⅞, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.

Rounds for the use of the State of Ohio as well as Himself v. JS

Although many Latter-day Saints had vacated
Ohio
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in the late 1830s, there was an active branch of the church in the
Kirtland
Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...
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area into the 1840s. However, residual animus toward the religion’s adherents lingered decades later in some of the highest political spheres of the state. Representative John R. French introduced a bill to the Ohio legislature on 2 February 1859 to revive an 1837
Geauga County
Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...
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, Ohio, Court of Common Pleas judgment against JS and other officers of the
Kirtland Safety Society
A financial institution formed to raise money and provide credit in Kirtland, Ohio. On 2 November 1836, JS, Sidney Rigdon, and others officially organized the Kirtland Safety Society as a community bank by ratifying its constitution. Sidney Rigdon served ...
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for illegal banknotes.
4
Henry Holcomb, Red Scrapbook No. 2, p. 76¼, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland. For a comprehensive treatment of the 1837 case and its revived judgment, see Walker, “Kirtland Safety Society,” 32–148.
Walker, Jeffrey N. “The Kirtland Safety Society and the Fraud of Grandison Newell: A Legal Examination.” BYU Studies 54, no. 3 (2015): 33–147.
In 1838,
Newell
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—a prominent antagonist of the Latter-day Saints—acquired the judgments against JS and
Sidney Rigdon
19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...
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from the plaintiff
Samuel Rounds
ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...
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and then shortly assigned the judgments to
Oliver Granger
7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...
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and
William Marks
15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...
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, agents of JS.
5
See Introduction to Rounds qui tam v. JS; Assignment of Judgment, 1 Mar. 1838 [Rounds qui tam v. JS]; and Walker, “Kirtland Safety Society,” 32–148.
The agents neglected to submit proof of the assignment to the court, making the court records appear as though the judgment was not fully satisfied.
6
Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. JS].
This emboldened Newell to seek repayment on the same judgment from the assets of the JS estate, even though by his admission he had previously been paid in full.
7
Henry Holcomb, “Events of Personal and Family History 1830–1864,” p. 377, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.

In 1859,
Newell
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petitioned the
Ohio
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legislature to have the judgment assigned to him, based on his claim that he expended personal funds to initially prosecute the cases against JS and
Rigdon
19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...
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. The bill introduced to the legislature included a penalty to be paid to Newell as prosecutor as well as to the state. Newell collected his portion of the fine, but the state’s portion remained uncollected. After the Ohio legislature passed the bill unanimously, it evidently approved another act appropriating the state’s portion of the judgment to Newell. Though the legislature authorized him to revive the judgments against JS and Rigdon, court records suggest he only revived the judgment against JS.
8
An Act for the Relief of Grandison Newell [10 Mar. 1859], Acts of a General Nature, vol. 56, p. 271; Henry Holcomb, Red Scrapbook No. 2, p. 76¼, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland; Henry Holcomb, “Events of Personal and Family History, 1830–1864,” p. 377, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland; Docket Entry, Revived Judgment, 31 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS].
Acts of a General Nature and Local Laws and Joint Resolutions, Passed by the Fifty-Third General Assembly, of the State of Ohio: At Its Second Session, Begun and Held in the City of Columbus, January 3, 1859, and the Fifty-Seventh Year of Said State. Vol. 56. Columbus, OH: Richard Nevins, 1859.
According to
Henry Holcomb
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, the revival of the judgment engendered “a time of much merriment” in the legislature, with one member “making a motion to pension Mr. N[ewell] for valuable services rendered the commonwealth.”
9
Henry Holcomb, “Events of Personal and Family History, 1830–1864,” p. 377, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.
Payment of the judgment, however, depended upon the appointment of an executor of JS’s estate who could administer the personal and real assets of the deceased in Ohio.
10
See An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 572–573, secs. 1 and 3.

Holcomb Administrator of the Estate of JS

On 29 October 1860, Lake County, Ohio, probate court judge
Lord Sterling
14 May 1805–21 Jan. 1905. Lawyer, judge. Born in Lima, Ontario Co., New York. Son of James Sterling and Mabel Chester. Married Ellen Elizabeth Allen Sterling, 1 Nov. 1835. Moved to Willoughby, Lake Co., Ohio, before 1837. Admitted to the bar, 1837. Attorney...
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appointed
Holcomb
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, the spouse of
Newell
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’s granddaughter Emily E. Sawyer, as administrator of JS’s estate at Holcomb’s request.
11
In 1860, Newell was living with the Holcombs. (Motion, 29 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS]; Docket Entry, Administration Papers, 29 Oct. 1860 [Holcomb Administrator of the Estate of JS]; Letters of Administration, 29 Oct. 1860 [Holcomb Administrator of the Estate of JS]; Henry Holcomb, “Events of Personal and Family History, 1830–1864,” pp. 377–378, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland, OH; Hall, Thomas Newell, 139–140; 1860 U.S. Census, Painesville, Lake Co., OH, 169.)
Hall, Mary A. Newell, comp. Thomas Newell, Who Settled in Farmington, Conn. A. D. 1632. And His Descendants. A Genealogical Table. Southington, CT: Cochrane Bros., 1878.
Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.
Holcomb signed a bond promising to perform his legal responsibilities as administrator and vowed to submit inventories of the personal and real property of the deceased within three months. Newell and Thomas Wilder Jr. served as
sureties
A person bound to pay a sum or perform a duty for a principal debtor who is already bound for the same. A surety sued apart from the principal is entitled to sue the principal for recovery. In contrast, a guarantor normally cannot be sued until after there...
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on the administrator’s bond, which included a $500 penalty should Holcomb fail to comply.
12
Bond, 29 Oct. 1860 [Holcomb Administrator of the Estate of JS]; see also An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 573, 578, secs. 3 and 29.
The court also appointed Leonard Richard, George Frank, and Dexter Damon as appraisers of the personal estate.
13
Docket Entry, Administration Papers, 29 Oct. 1860 [Holcomb Administrator of the Estate of JS; see also An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 579–580, secs. 33 and 38.
State statute required the appraisers to supply the executor and the court an inventory and appraisement identifying the value of estate assets, but the inventory was likely not created because no personal property of JS existed in the state.
14
Petition, 19 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; see also An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 578–579, 581, secs. 29, 33, 36, and 49.
Two days later, the court of common pleas noted the action taken by the legislature in assigning the judgment to Newell and went on to grant Newell’s motion to revive the case against JS.
15
Docket Entry, Revived Judgment, 31 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS]. Provisions for reviving a judgment are found in An Act to Establish a Code of Civil Procedure [11 Mar. 1853], Public Statutes at Large, of the State of Ohio, vol. 3, pp. 2000–2003, secs. 400–417.
The Public Statutes at Large, of the State of Ohio: From the Close of Chase's Statutes, February, 1833, to the Present Time. Arranged in Chronological Order. With References to the Judicial Decisions Construing Those Statutes. And a Supplement, Containing All Laws Passed Prior to February, 1833, Which Are Now in Force. 4 vols. Edited by Maskell E. Curwen. Cincinnati: By the author, 1853–1861.

Holcomb
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’s reflections on his administration of the JS estate are unclear about whether he received payment for his services. In a reminiscent account, he claimed that
Newell
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offered him $500, but Holcomb declined payment because he evidently “had done nothing to earn it” except for selling the property on the porch of the courthouse.
16
See An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 601, sec. 146; and Henry Holcomb, Red Scrapbook No. 2, p. 76¾, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.
Holcomb also acknowledged the possibility that if he had received payment, it may have been after the appraisal of the annual dower interest.
17
Once court-appointed commissioners assigned dower to a widow, they appraised the yearly value of the real estate she was entitled to in her dower. (See An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 604–605, sec. 161; An Act to amend an act entitled “an Act relating to Dower” Passed 28 January 1823 [11 Jan. 1843], Statutes of the State of Ohio, p. 663, sec. 1; and Henry Holcomb, Red Scrapbook No. 2, pp. 76¾– 76⅞, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.)

Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS

On 19 September 1861,
Holcomb
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apprised the probate court that no personal property of JS could be found and filed a petition for permission to sell the real property or land.
18
Petition, 19 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; see also An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 595–597, secs. 119–120.
By law, the estate administrator was required to identify the widow and heirs as defendants to the petition.
19
See An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 597, sec. 124.
Holcomb seized the Kirtland temple, along with thirteen acres of property Samuel and Sabrina Davenport Canfield had deeded to JS in 1836, to pay the $1,347.46 revived judgment in Rounds for the use of the State of Ohio as well as Himself v. JS.
20
Deed from Samuel and Sabrina Davenport Canfield, 1 Oct. 1836; Petition, 19 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Docket Entry, Petition, 24 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Statement of Debts, 22 Oct. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS].
He initially advised
Newell
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“to raze the temple and sell the stones” as “the surest way to dispose of the Mormon business in that part of the country,” but Newell discovered that the proceeds from selling the stone would not exceed the cost to demolish the temple.
21
Henry Holcomb, “Events of Personal and Family History, 1830–1864,” pp. 378–379, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland, OH.
Holcomb then notified
Emma Smith
10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...
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and the Smith heirs by a published notice of his intent to both petition the court for the sale of real estate and request an order for the assignment of Emma’s dower interest amounting to “one full and equal third part” of the property.
22
Notice, 23 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Order for Appraisal, 24 Oct. 1861, Copy [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; see also An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 598, sec. 126; and An Act Relating to Dower, [28 Jan. 1824], Statutes of the State of Ohio, p. 142, sec. 1.
The court appointed George Frank, Reuben Harmon, and Guy Smith as appraisers.
23
Order for Appraisal, 24 Oct. 1861; Order for Appraisal, 24 Oct. 1861, Copy [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Order, 6 Nov. 1861, Copy [Holcomb Administrator of the Estate of JS v. Widow and Heirs; An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 370, sec. 33. The law required the court to appoint “three suitable, disinterested persons” as estate appraisers who were “sworn to a faithful discharge of their trust.” Frank, Harmon, and Smith were appointed appraisers for this case, but Smith’s absence in November 1861 resulted in Alvin Stone Richards replacing him. (An Act Regulating the Mode of Administering Assignments in Trust for the Benefit of Creditors [6 Apr. 1859], Acts of a General Nature, vol. 56, p. 232, sec. 3; Order, 6 Nov. 1861, Copy [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS].)
On 18 April 1862, the temple and other property JS had owned were sold to
William Perkins
22 Jan. 1799–1 Dec. 1882. Teacher, attorney, insurance agent, politician. Born in Ashford, Windham Co., Connecticut. Son of William Perkins and Mary Lee. Moved to Hartford, Hartford Co., Connecticut, to study law, ca. 1822. Admitted to Connecticut bar, May...
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for $380—far less than the amount owed for the revived judgment.
24
Docket Entry, Judgment, 18 Apr. 1862 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Notice, 23 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Report of Sale, 18 Apr. 1862 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Deed, 19 Apr. 1862 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]. Perkins, who served as Holcomb’s attorney, and Newell collaborated to divide the judgment and accompanying expenses between them. (See William L. Perkins, Statement of Judgment, ca. July 1863, in Henry Holcomb, Red scrapbook No. 2, p. 76½, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland; for more information on subsequent ownership of the temple, see Loving, “Ownership of the Kirtland Temple,” 1–80.)
Loving, Kim L. “Ownership of the Kirtland Temple: Legends, Lies, and Misunderstandings.” Journal of Mormon History 30, no. 2 (Fall 2004): 1–80.
Emma Smith was to receive her dower interest from the sale, amounting to $4.11, to be paid annually for the duration of her life.
25
Docket Entry, Order for Sale, 3 Feb. 1862 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; An Act to Amend an Act Entitled “An Act Relating to Dower” Passed January 28, 1823 [11 Jan. 1843], Public Statutes at Large, of the State of Ohio, vol. 2, p. 918, sec. 1; An Act to amend an act entitled “an Act relating to Dower” Passed January 28, 1823 [11 Jan. 1843], Statutes of the State of Ohio, p. 663, sec. 1.
It is unknown if she received this payment.

Calendar of Documents

This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. This calendar also includes documents submitted as claims against JS’s estate. For claims believed to have been created after JS’s death, the recipient has been standardized to “the Estate of JS.”

Holcomb Administrator of the Estate of JS, Lake Co., Ohio, Probate Court
1860 (4)
October (4)
29 October 1860
Henry Holcomb and Others, Bond, Painesville Township, Lake Co., OH, to the State of Ohio
29 Oct. 1860; Lake County Courthouse, Painesville, OH; printed form with manuscript additions in handwriting of Lord Sterling; signatures of Henry Holcomb, Grandison Newell, and Thomas Wilder Jr.; docket in handwriting of Lord Sterling; notation in unidentified handwriting.
1
The bond was filed in Docket D, no. 65, with the letters of administration. A slip of paper inscribed with “65| Joseph Smith Jr | Deceased | Henry Holcomb | Adm’r | Recorded” banded together the bond and letters of administration in the probate docket envelope. See Docket Entry, 29 Oct. 1860–18 Apr. 1862 [Holcomb Administrator of the Estate of JS].
Ca. 29 Oct. 1860; Lake County Probate Court, Administrator’s Bonds and Letters, vol. B, p. 58, Lake County Courthouse, Painesville, OH; microfilm at FHL; printed form with manuscript additions in handwriting of Lord Sterling.

29 October 1860
Lord Sterling, Letters of Administration, to Henry Holcomb, Painesville Township, Lake Co., OH
29 Oct. 1860; Lake County Courthouse, Painesville, OH; printed form with manuscript additions in handwriting of Lord Sterling; docket and notation in handwriting of Lord Sterling.
1
The letters of administration document was filed in Docket D, no. 65, with the bond. A slip of paper inscribed with “65| Joseph Smith Jr | Deceased | Henry Holcomb | Adm’r | Recorded” banded together the bond and letters of administration in the probate docket envelope. See Docket Entry, 29 Oct. 1860–18 Apr. 1862 [Holcomb Administrator of the Estate of JS].
Ca. 29 Oct. 1860; Lake County Probate Court, Administrator’s Bonds and Letters, vol. B, p. 58[a], Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Lord Sterling.

29 October 1860
Docket Entry, Administration Papers, Painesville Township, Lake Co., OH
29 Oct. 1860; Lake County Probate Court, Probate Journal, vol. D, p. 103, Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Lord Sterling.
Ca. 29 Oct. 1860; Lake County Probate Court, Final Records in Estates of Deceased Persons, 1843–1903, vol. B, p. 469, Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Lord Sterling.

29 October 1860–18 April 1862
Docket Entry, Painesville Township, Lake Co., OH
29 Oct. 1860–18 Apr. 1862; Lake County Probate Court, Administration Docket, vol. A, p. 240, Lake County Courthouse, Painesville, OH; printed form with manuscript additions in unidentified handwriting.

Rounds for the use of the State of Ohio as well as Himself v. JS, Geauga Co., Ohio, Court of Common Pleas
1860 (3)
October (3)
29 October 1860
William Perkins on behalf of Grandison Newell, Motion, Chardon, Geauga Co., OH
29 October 1860. Not extant.
Ca. 31 Oct. 1860; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. 36, p. 339, Geauga County Archives and Records Center, Chardon, OH; handwriting of William N. Keeny.

31 October 1860
Docket Entry, Revived Judgment, Chardon, Geauga Co., OH
31 Oct. 1860; Geauga County Court of Common Pleas, Journal, vol. R, pp. 208–209, Geauga County Archives and Records Center, Chardon, OH; handwriting of William N. Keeny; probable signature of Horace Wilder.

Ca. 31 October 1860
Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 31 Oct. 1860; Geauga County Court of Common Pleas, Common Pleas Record, vol. 36, p. 339, Geauga County Archives and Records Center, Chardon, OH; handwriting of William N. Keeny; probable signature of Horace Wilder.

Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS, Lake Co., Ohio, Probate Court
1861 (9)
September (3)
19 September 1861
William Perkins on behalf of Henry Holcomb, Petition, to Lake County Probate Court, Painesville Township, Lake Co., OH
19 Sept. 1861; Docket D, no. 163, Lake County Courthouse, Painesville, OH; photocopy at Joseph Smith Papers Project;
1
The petition was filed in Docket D, no. 163. Legal scholar Gordon A. Madsen obtained a certified copy of the Docket D, no. 163, packet from the Lake County Probate Court in 2003. The packet and its contents were missing from the court in 2005. (See Docket Entry, 29 Oct. 1860–18 Apr. 1862 [Holcomb Administrator of the Estate of JS].)
handwriting of William Perkins; signatures of Henry Holcomb and William Perkins; docket and notation in handwriting of William Perkins; notation in handwriting of Perry Bosworth.
24 Sept. 1862; in Transcript of Proceedings, Lake County Probate Court, Real Estate Records, vol. D, pp. 81–83, Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Perry Bosworth.

23 September 1861
William Perkins on behalf of Henry Holcomb, Notice, Painesville Township, Lake Co., OH
23 Sept. 1861; Press and Advertiser (Painesville, OH), 25 Sept. 1861, [3].
1
The notice was reprinted in five subsequent issues of the Press and Advertiser. (“Legal Notice,” Press and Advertiser [Painesville, OH], 2 Oct. 1861, [3]; “Legal Notice,” Press and Advertiser, 9 Oct. 1861, [4]; “Legal Notice,” Press and Advertiser, 16 Oct. 1861, [4]; “Legal Notice,” Press and Advertiser, 23 Oct. 1861, [4]; “Legal Notice,” Press and Advertiser, 30 Oct. 1861, [4].)
Press and Advertiser. Painesville, OH. 1860–1861.
24 Sept. 1862; in Transcript of Proceedings, Lake County Probate Court, Real Estate Records, vol. D, p. 83, Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Perry Bosworth.

24 September 1861
Docket Entry, Petition, Painesville Township, Lake Co., OH
24 Sept. 1861; Lake County Probate Court, Probate Journal, vol. D, p. 175, Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Perry Bosworth.

October (4)
22 October 1861
William Perkins, Statement of Debts, Painesville Township, Lake Co., OH
22 Oct. 1861; Docket D, no. 163, Lake County Courthouse, Painesville, OH; photocopy at Joseph Smith Papers Project;
1
Legal scholar Gordon A. Madsen obtained a certified copy of the Docket D, no. 163, packet from the Lake County Probate Court in 2003. The packet and its contents were missing from the court in 2005.
handwriting of William Perkins; docket and notation in handwriting of Perry Bosworth.

24 October 1861
Order for Appraisal, Painesville Township, Lake Co., OH
1
handwriting of William Perkins.
24 Oct. 1861; Lake County Probate Court, Probate Journal, vol. D, p. 181, Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Perry Bosworth.

24 October 1861
Charles S. Waring, Order for Appraisal and Assignment of Dower, to George Frank and Others, Painesville Township, Lake Co., OH
1
printed form with manuscript additions in handwriting of Perry Bosworth; signature presumably of Charles S. Waring; certification printed with manuscript additions presumably in handwriting of D. H. Woodard; docket in handwriting of Perry Bosworth.

24 October 1861
H. C. Gray, Certification, Painesville Township, Lake Co., OH
1
printed form with manuscript additions in handwriting of H. C. Gray and unidentified scribe; certification printed with manuscript additions in handwriting of William Perkins; docket and notation in handwriting of Perry Bosworth.
2
The certification included a clipping from the Press and Advertiser containing Henry Holcomb’s 23 September 1861 notice. Although the certification indicates the notice was published in four consecutive issues of the newspaper beginning on 25 September, the notice was actually published in six issues beginning on 25 September and concluding on 30 October. (Notice, 23 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; “Legal Notice,” Press and Advertiser [Painesville, OH], 2 Oct. 1861, [3]; “Legal Notice,” Press and Advertiser, 9 Oct. 1861, [4]; “Legal Notice,” Press and Advertiser, 16 Oct. 1861, [4]; “Legal Notice,” Press and Advertiser, 23 Oct. 1861, [4]; “Legal Notice,” Press and Advertiser, 30 Oct. 1861, [4].)
Press and Advertiser. Painesville, OH. 1860–1861.

November (2)
6 November 1861
Perry Bosworth, Order, Painesville Township, Lake Co., OH
6 Nov. 1861. Not extant.
6 Nov. 1861; Docket D, no. 163, Lake County Courthouse, Painesville, OH; photocopy at Joseph Smith Papers Project;
1
handwriting of Perry Bosworth; docket in handwriting of Perry Bosworth.
2
Deputy clerk Perry Bosworth created a certified copy of the order.
6 Nov. 1861; Lake County Probate Court, Probate Journal, vol. D, p. 185, Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Perry Bosworth.

16 November 1861
Reuben P. Harmon and Others, Appraisal, Painesville Township, Lake Co., OH
16 Nov. 1861; Docket D, no. 163, Lake County Courthouse, Painesville, OH; photocopy at Joseph Smith Papers Project;
1
manuscript form in handwriting of William Perkins with manuscript additions in unidentified handwriting; signatures presumably of Reuben P. Harmon, George Frank, and Alvin Stone Richards; notation in handwriting of Henry Holcomb; docket and notation in handwriting of Perry Bosworth.

1862 (7)
February (2)
3 February 1862
Docket Entry, Order for Sale, Painesville Township, Lake Co., OH
3 Feb. 1862; Lake County Probate Court, Probate Journal, vol. D, p. 214, Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Perry Bosworth.

4 February 1862
Henry Holcomb, Notice, Painesville Township, Lake Co., OH
4 Feb. 1862; Painesville (OH) Telegraph, 6 Feb. 1862, [3].
1
The notice was reprinted in three subsequent issues of the Painesville Telegraph. (“Administrator’s Sale!” Painesville [OH] Telegraph, 13 Feb. 1862, [4]; “Administrator’s Sale!” Painesville Telegraph, 20 Feb. 1862, [4]; “Administrator’s Sale!” Painesville Telegraph, 27 Feb. 1862, [4].)
Painesville Telegraph. Painesville, OH. 1822–1986.

April (4)
18 April 1862
Docket Entry, Judgment, Painesville Township, Lake Co., OH
18 Apr. 1862; Lake County Probate Court, Probate Journal, vol. D, pp. 232–233, Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Perry Bosworth.

18 April 1862
Henry Holcomb, Report of Sale, Painesville Township, Lake Co., OH
18 Apr. 1862; Docket D, no. 163, Lake County Courthouse, Painesville, OH; photocopy at Joseph Smith Papers Project;
1
handwriting of William Perkins; signature of Henry Holcomb; docket in handwriting of William Perkins; docket in unidentified handwriting; notation in handwriting of Perry Bosworth.

18 April 1862
John H. Merrill, Certification, Painesville Township, Lake Co., OH
18 Apr. 1862; Docket D, no. 163, Lake County Courthouse, Painesville, OH; photocopy at Joseph Smith Papers Project;
1
printed form with manuscript additions in unidentified handwriting; signature presumably of John H. Merrill; certification printed with manuscript additions in handwriting of William Perkins; docket and notation in handwriting of Perry Bosworth.
2
The certification included a clipping from the Painesville Telegraph containing Henry Holcomb’s 4 February 1862 notice. Merrill certified that the notice was published in four consecutive issues of the newspaper beginning on 6 February 1862. (Notice, 4 Feb. 1862 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; “Administrator’s Sale!” Painesville [OH] Telegraph, 13 Feb. 1862, [4]; “Administrator’s Sale!” Painesville Telegraph, 20 Feb. 1862, [4]; “Administrator’s Sale!” Painesville Telegraph, 27 Feb. 1862, [4].)
Painesville Telegraph. Painesville, OH. 1822–1986.

19 April 1862
Henry Holcomb, Deed for Property in Kirtland Township, Geauga Co., OH, to William Perkins
19 Apr. 1862. Not extant.
23 Oct. 1862; Lake County Deed Records, vol. S, pp. 526–527, Lake County Courthouse, Painesville, OH; handwriting of H. F. Shepard.

September (1)
24 September 1862
Transcript of Proceedings, Painesville Township, Lake Co., OH
24 Sept. 1862; Lake County Probate Court, Real Estate Records, vol. D, pp. 81–88, Lake County Courthouse, Painesville, OH; microfilm at FHL; handwriting of Perry Bosworth.

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Holcomb Administrator of the Estate of JS, Lake Co., OH, Probate Court, 1860–1865
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Introduction to Holcomb Administrator of the Estate of JS
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20428
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Footnotes
[1]
Henry Holcomb, Red Scrapbook #2, p. 76½, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.
[2]
Administration of an estate in Ohio could be granted to the widow or creditors, or the court could “commit administration to such other person as they shall think fit.” (An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 575, sec. 12.)
[3]
An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 584, sec. 63; Notice, 23 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Henry Holcomb, Red Scrapbook #2, pp. 76¾– 76⅞, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.
[4]
Henry Holcomb, Red Scrapbook No. 2, p. 76¼, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland. For a comprehensive treatment of the 1837 case and its revived judgment, see Walker, “Kirtland Safety Society,” 32–148.
[5]
See Introduction to Rounds qui tam v. JS; Assignment of Judgment, 1 Mar. 1838 [Rounds qui tam v. JS]; and Walker, “Kirtland Safety Society,” 32–148.
[6]
Docket Entry, Costs, ca. 25 Oct. 1837 [Rounds qui tam v. JS].
[7]
Henry Holcomb, “Events of Personal and Family History 1830–1864,” p. 377, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.
[8]
An Act for the Relief of Grandison Newell [10 Mar. 1859], Acts of a General Nature, vol. 56, p. 271; Henry Holcomb, Red Scrapbook No. 2, p. 76¼, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland; Henry Holcomb, “Events of Personal and Family History, 1830–1864,” p. 377, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland; Docket Entry, Revived Judgment, 31 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS].
[9]
Henry Holcomb, “Events of Personal and Family History, 1830–1864,” p. 377, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.
[10]
See An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 572–573, secs. 1 and 3.
[11]
In 1860, Newell was living with the Holcombs. (Motion, 29 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS]; Docket Entry, Administration Papers, 29 Oct. 1860 [Holcomb Administrator of the Estate of JS]; Letters of Administration, 29 Oct. 1860 [Holcomb Administrator of the Estate of JS]; Henry Holcomb, “Events of Personal and Family History, 1830–1864,” pp. 377–378, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland, OH; Hall, Thomas Newell, 139–140; 1860 U.S. Census, Painesville, Lake Co., OH, 169.)
Hall, Mary A. Newell, comp. Thomas Newell, Who Settled in Farmington, Conn. A. D. 1632. And His Descendants. A Genealogical Table. Southington, CT: Cochrane Bros., 1878.
Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.
[12]
Bond, 29 Oct. 1860 [Holcomb Administrator of the Estate of JS]; see also An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 573, 578, secs. 3 and 29.
[13]
Docket Entry, Administration Papers, 29 Oct. 1860 [Holcomb Administrator of the Estate of JS; see also An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 579–580, secs. 33 and 38.
[14]
Petition, 19 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; see also An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 578–579, 581, secs. 29, 33, 36, and 49.
[15]
Docket Entry, Revived Judgment, 31 Oct. 1860 [Rounds for the use of the State of Ohio as well as Himself v. JS]. Provisions for reviving a judgment are found in An Act to Establish a Code of Civil Procedure [11 Mar. 1853], Public Statutes at Large, of the State of Ohio, vol. 3, pp. 2000–2003, secs. 400–417.
[16]
See An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 601, sec. 146; and Henry Holcomb, Red Scrapbook No. 2, p. 76¾, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.
[17]
Once court-appointed commissioners assigned dower to a widow, they appraised the yearly value of the real estate she was entitled to in her dower. (See An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 604–605, sec. 161; An Act to amend an act entitled “an Act relating to Dower” Passed 28 January 1823 [11 Jan. 1843], Statutes of the State of Ohio, p. 663, sec. 1; and Henry Holcomb, Red Scrapbook No. 2, pp. 76¾– 76⅞, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland.)
[18]
Petition, 19 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; see also An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, pp. 595–597, secs. 119–120.
[19]
See An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 597, sec. 124.
[20]
Deed from Samuel and Sabrina Davenport Canfield, 1 Oct. 1836; Petition, 19 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Docket Entry, Petition, 24 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Statement of Debts, 22 Oct. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS].
[21]
Henry Holcomb, “Events of Personal and Family History, 1830–1864,” pp. 378–379, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland, OH.
[22]
Notice, 23 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Order for Appraisal, 24 Oct. 1861, Copy [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; see also An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 598, sec. 126; and An Act Relating to Dower, [28 Jan. 1824], Statutes of the State of Ohio, p. 142, sec. 1.
[23]
Order for Appraisal, 24 Oct. 1861; Order for Appraisal, 24 Oct. 1861, Copy [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Order, 6 Nov. 1861, Copy [Holcomb Administrator of the Estate of JS v. Widow and Heirs; An Act to Provide for the Settlement of the Estates of Deceased Persons [23 Mar. 1840], Statutes of the State of Ohio, p. 370, sec. 33. The law required the court to appoint “three suitable, disinterested persons” as estate appraisers who were “sworn to a faithful discharge of their trust.” Frank, Harmon, and Smith were appointed appraisers for this case, but Smith’s absence in November 1861 resulted in Alvin Stone Richards replacing him. (An Act Regulating the Mode of Administering Assignments in Trust for the Benefit of Creditors [6 Apr. 1859], Acts of a General Nature, vol. 56, p. 232, sec. 3; Order, 6 Nov. 1861, Copy [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS].)
[24]
Docket Entry, Judgment, 18 Apr. 1862 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Notice, 23 Sept. 1861 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Report of Sale, 18 Apr. 1862 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; Deed, 19 Apr. 1862 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]. Perkins, who served as Holcomb’s attorney, and Newell collaborated to divide the judgment and accompanying expenses between them. (See William L. Perkins, Statement of Judgment, ca. July 1863, in Henry Holcomb, Red scrapbook No. 2, p. 76½, in Henry Holcomb Papers, Western Reserve Historical Society, Cleveland; for more information on subsequent ownership of the temple, see Loving, “Ownership of the Kirtland Temple,” 1–80.)
Loving, Kim L. “Ownership of the Kirtland Temple: Legends, Lies, and Misunderstandings.” Journal of Mormon History 30, no. 2 (Fall 2004): 1–80.
[25]
Docket Entry, Order for Sale, 3 Feb. 1862 [Holcomb Administrator of the Estate of JS v. Widow and Heirs of JS]; An Act to Amend an Act Entitled “An Act Relating to Dower” Passed January 28, 1823 [11 Jan. 1843], Public Statutes at Large, of the State of Ohio, vol. 2, p. 918, sec. 1; An Act to amend an act entitled “an Act relating to Dower” Passed January 28, 1823 [11 Jan. 1843], Statutes of the State of Ohio, p. 663, sec. 1.