Friday, October 24, 2014

Sale of Property Where the Dubois' Mills were Located 1823

As published earlier on this blog, the land Patent from the United States to Toussaint Dubois, Sr. was granted on August 28, 1788 for about 1020 acres. This land Patent covered a group of seven locations comprising what was known as the Shoals, which was a part of the Northwest Territory that France had ceded to the colony of Virginia in 1762. Upon Toussaint Dubois, Sr. death, his Will dated June 15, 1815, left all of his property, including the services of one Negro man named Gabriel and Anna his wife, to his children and his wife Jane Dubois.

The children are listed as Suzanne Dubois Jones, Toussaint Dubois Jr, Henry Dubois, Charles Dubois, Emmanuel Dubois, Thomas B. Dubois, James Dubois, and Jesse K. Dubois. The Will of Toussaint Dubois, Sr. was filed for probate in the Circuit Court of Knox County Indiana territory April 15, 1816.

On March 4, 1819 the Illinois General Assembly passed an act allowing Jane Dubois, William Jones and Toussaint Dubois executors of Toussaint Dubois, Deceased to sell certain lands of the estate now located in the new state of Illinois. If one of the three executors died, the survivors could continue to sell property not specifically mentioned in his Will. However this act was repealed in 1821 for some reason.   William Jones, one of the executors, had died since the Act of 1819, so the remaining executors agreed to sell parts of the land in the survey located at the office of John Badollet Esq. Register of the Land Office for the District of Vincennes. This land was  known as  ‘Sucrier de tabac’ or the ‘Shoals’ on the  Embarrass river formerly in the counties of Edwards and Crawford, but by 1821 governed by  Lawrence  County. (Remember the land didn’t move, just the county lines.) (see Book A Pages 34-35 Lawrence County Recorder’s Office )  

On August 25, 1823 for $2000 dollars in US money, the executors sold to Austin B. Chafey, Onatis D. Chafey and Caius M. Eaton, as tenants- in-common, 35 acres lying in the Shoals tract, except the 15 acres previously sold to Valentine Bradley.  The 20 acres sold were those “being in the low or flat ground on the north side of the river including both the north and south banks which included the mill seat and improvements such as the dam and mills then erected.”

Chafey, Chafey, and Eaton then conveyed the property back to Jane Dubois and Toussaint Dubois,Jr. the surviving widow and one of the sons,  heirs of Toussaint Dubois, Sr. as security for a mortgage payable in four equal notes of $500, first payment to be made two years hence, on August  26, 1825. 
The three men were required to pay the taxes but could keep the rents and profits from 'the mills.'

By August 7, 1823 the remaining Executors-- Jane, the surviving widow and Toussaint Jr, one of the sons-- were not getting along apparently. The widow needed money and Toussaint, Jr refused to carry out his duties as co-executor and join in the deed when Jane wanted to sell 3 ½ acres of land in the Shoals tract to Valentine I. Bradley.  She signed the deed over to Bradley for $150 without Toussaint Jr’s consent.  Fearing that his stepmother’s act would put Valentine Bradley “in something of an unpleasant situation which he had every inclination to avoid,” Toussaint Jr. ratified and confirmed the deed on January 28, 1824. The tract of land included a frame and log dwelling house, stable and other out buildings and described the property  as being on the road running from the ford across the Embarras River.   (For those researchers interested in this interesting deed see Book A page 38 at the Recorder’s Office.)

Monday night's Historical Society Program will feature Phil Lewis  presenting a program titled -- 
The Quilts of the Underground Railroad.  
Don't forget to attend Monday Night October 27, at 7:00 pm at the museum.  
Come early to get a good seat!