The Date of Death of Benjamin Horn (Sr.) of Harrison Twp., Knox Co., OH – 22 February 1855
The following document appears in the probate records of Knox Co., OH, but it is not dated.It should probably be dated 31 May 1856 as will be more fully explained.
To the Court of Common Pleas
Within and for the County of Knox and State of Ohio
Your petitioner, Washington Horn, of county aforesaid, respectfully represents that he has a legal right to, and is seized in fee simple of one undivided ninth part of the following real estate situate in Harrison Township in said county.It being the South West quarter of Section Twenty in the third quarter of Township six and Range eleven and being the same premises on which Benjamin Horn, who died about sixteen months since, resided at the time of his death, it being one hundred and sixty acres more or less.
That petitioner inherited said property from his father the said Benjamin Horn, who died seized thereof, leaving Anna, who is petitioner’s mother, and who is entitled to dower therein, his widow, and the following children and grandchildren besides petitioner to wit – Eliza intermarried with John Porter who resides in said county, Hartman who resides either in Allen or Auglaize County this petitioner is not certain in which, Daniel, who resides in Fayette Co., Illinois, Josiah, and David, both of whom reside in said Knox County.That Miriam another daughter of said Benjamin died a few days before her father leaving Mariah now aged about 13 years, her only child and heir, and that her uncle the said Josiah is her guardian.That Prudence another daughter of said Benjamin also died a short time before her father leaving Cassius who is now about 8 her only child and heir who is also the ward of his uncle the said Josiah.
That Benjamin another son of said Benjamin survived his father a short time leaving Samuel H. Horn about 2 years old his only child and heir, all of said minor children reside in Knox County.
That the foregoing children and grandchildren of the said Benjamin are tenants in common with your petitioner in said real estate and are each entitled to one ninth part of the same, subject to the dower rights of Anna, widow.
The said Benjamin left Anna another daughter who survived but a few days without children, never having been married, and whose share goes to her brothers & sisters & their issue leaving the estate to be divided in nine parts as above stated.
Your petitioner therefore asks that partition of land be made and the dower of the said Anna (widow) assigned thereto, or if the same cannot be done without manifest injury, that such other proceedings may be had in the premises as are authorized by same.
Washington Hornby his atty. Sam’l Israel
The following is a land record dated 4 Apr. 1866 in which George W. Steele, Sheriff of Knox Co., OH, conveys a deed to Washington Horn for 53 acres.This 53 acres is the widow’s third (dower) that had been set aside for Anna, the widow of Benjamin Horn.I do not have a vol. reference for the book of land records.Anna appears on the 1870 Census for Harrison Twp., Knox Co., OH, with her granddaughter Mariah Horn.She died after 6 Aug. 1870.
p. 62, 63
George W. Steele, Shff. Deed
Rec’d July 28, 1866
Rev. Stamp $1.00
To all to whom these presents shall come greeting: Whereas on the thirty-first day of May A.D. one thousand eight hundred and fifty six Washington Horn filed his certain petition in the Court of Common Pleas within and for the County of Knox and State of Ohio against Anna Horn (widow), John Porter and Eliza his wife, Hartman Horn, Daniel Horn, Josiah Horn, David Horn, Mariah daughter of Minian [Miriam] Horn dec’d, Cassius son of Prudence Horn dec’d, and Samuel Horn demanding partition of the following described real estate to wit situate in Harrison Township in said county it being the southwest quarter of section twenty in the third quarter of township six and range eleven and being the same premises on which Benjamin Horn resided at the time of his death containing one hundred and sixty acres more or less, and whereas such proceedings were had upon said petition that at the August Term of said court A.D. 1856 the Sheriff of said county of Knox was ordered to sell said real estate at pblic auction whereupon the said Sheriff in pursuance of said order having caused the same to be duly advertised did on the 8th day of November A.D. 1856 sell said real estate at public auction (subject to the dower estate of Anna Horn (widow) to David Horn for the sum of seventeen hundred and twenty dollars which sale was afterwards at the November Term A.D. 1856 approved and confirmed and the said Sheriff ordered to execute and deliver a deed in fee simple to the said purchaser for said real estate and whereas at the march Term A.D. 1866 of said Court of Common Pleas on motion and it appearing to the said Court that the term of Lewis Strong the Sheriff that made said sale has expired and no deed having been made by him and it appearing that David Horn the purchaser at said sale has sold the portion of said real estate hereinafter described to Washington Horn for the sum of six hundred dollars and it further appearing that the purchase money had all been paid it was ordered by the Court that George W. Steele the present Sheriff make and deliver to the said Washington Horn a deed for said portion so sold to him by David Horn as aforesaid all which will more fully appear reference being had to the records of said Court.Now therefore I George W. Steele as aforesaid in consideration of the premises and by virtu of the powers in me vested by law do by these presents grant bargain alien and convey unto the said Washington Horn and unto his heirs and assigns forever the said portion of real estate so sold to him as aforesaid to with fifty three (53) acres off the west side of said south west quarter of section twenty in the third quarter of township six and range eleven in Knox County Ohio subject to the (widows) dower with a reserve of a notch in the line opposite the barn of three (3) rods west and six rods south with all and singular the appurtenances.To have and to hold the said premises to him the said Washington Horn and to his heirs and assigns forever.In witness whereof I hereunto set my hand and seal.This 4th day of April A.D.
1866.Executed and delivered in our presence
Alexr. C. ElliottSam’l Israel
George W. Steele, Sheriff as Aforesaid, Sheriff of Knox County
The 4 Apr. 1866 land record above refers to Washington Horn’s petition to the court for partition as occurring on 31 May 1856.The petition says that Benjamin Horn died about 16 months earlier, which would be about 31 Jan. 1855.
Benjamin Horn’s stone in Bethel Cem. gives his date of death as 22 Feb. 1855.
The petition also says that Benjamin’s dau. Miriam had died a few days before her father.Miriam’s stone in Bethel Cem. Has her date of death as 6 Feb. 1855.
The petition says that Benjamin’s son Benjamin survived his father by a few days.Benjamin’s stone in Bethel Cem. gives his date of death as 26 Mar. 1855.
Based on all the above, it is reasonable to assume that the date on Benjamin’s stone is correct and that the reference to “16 months” was off by about a month.The dates for Miriam and Benjamin Jr. then fall into place.
John D. Hoff, III
6 May 2014