Joseph Benton Devin

1835 - 1886  (50 years)

• Name	Joseph Benton Devin
  Born	27 Aug 1835	Lincoln County, Tennessee U.S.A.
  Gender	Male
  Died	14 Jun 1886	Morrow County, Oregon U.S.A.
  Buried	Heppner Masonic Cemetery, Heppner, Morrow, Oregon U.S.A.
  Person ID	I24	My Reynolds Line | Descendants of James Mitchell
  Last Modified	7 Feb 2013

  
  

  Father	Clayton Devin,   b. 11 Jul 1793, Pittsylvania County, Virginia U.S.A. ,   d. 24 Nov 1868, Polk County, Missouri U.S.A.  (Age 75 years)
  Mother	Margaret West,   b. 24 Nov 1803, North Carolina U.S.A. ,   d. 5 Jun 1888, Dunnegan, Polk, Missouri U.S.A.  (Age 84 years)
  Married	17 Mar 1820	Fayettesville, Lincoln, Tennessee U.S.A.
  Family ID	F7	Group Sheet  |  Family Chart

  
  

  Family 1	Emily Belle Wall,   b. Abt 1858, Kentucky U.S.A. ,   d. 18 Feb 1943, Walla Walla County, Washington U.S.A.  (Age ~ 85 years)
  Married	10 Oct 1882	Polk County, Missouri U.S.A.
  Children	1. Stella Ophelia Devin,   b. 6 Nov 1884, Oregon U.S.A. ,   d. 16 Oct 1970, Walla Walla, Walla Walla, Washington U.S.A.  (Age 85 years)   2. James Benton Devin,   b. 27 Sep 1886, Heppner, Morrow, Oregon U.S.A. ,   d. 2 Nov 1962, Great Falls, Cascade, Montana U.S.A.  (Age 76 years)
  Last Modified	9 May 2012
  Family ID	F605	Group Sheet  |  Family Chart

  
  

  Family 2	Elvira Pickel,   b. 18 Apr 1843, Roane County, Tennessee U.S.A. ,   d. 30 Jan 1882, Bolivar, Polk, Missouri U.S.A.  (Age 38 years)
  Married	4 Feb 1859	Polk County, Missouri U.S.A.
  	Married by William B. Senter Min. !MARRIAGE:Claim of Heirs of E. Devin, deceased, against Est. J.B. Devin, deceased: Petition, Claim of Heirs of E. Devin, deceased, against Est. J.B. Devin, deceased: Petition, Morrow County Court House, [page 1] In the County Court of Morrow County Oregon In the Matter of the Est. of J.B. Devin, deceased Claim of Heirs of E. Devin, deceaded, against Est. J.B. Devin, deceased Petition Filed Dec 6th 1886 C.L Andrews Co clerk Geo. Wm. Wright Atty for Claimants [page 2] In the County Court of Morrow County State of Oregon In the matter of the Estate of J. B. Devin, deceased Claim of Heirs of El- vira Devin, deceased Against Estate of J.B. Devin deceased || || Petition || To the Honorable William Mitch- ell, County Judge of Morrow County State of Oregon:- Comes [nezd] Margarett D. Justice (nee Margarett D. Devin); Nathaniel M. Devin; Mifflin J. Devin; Katherine F. Howe, nee Katharine F. Devin); Smith P. Devin; Irene J. Devin; Elvira G. Devin; and Joseph C. Devin, claimants herein, and heirs of Elvira Devin deceased, and by their attorney, Geo. Wm Wright, respectfully sherve to the Honorable Court above named the following facts in connection with the claim of the claimants herein:-- I. That the Mother of Claimants -heirs- herein, was Elvira Devin, first wife of J.B. Devin, and that she [page 3] died in Polk County, in the State of Missouri on or about Jany. 30, 1882. II. That said Elvira Devin, was a daughter of Christian Pickle of said Polk County, and as heir and daughter drew from, or recevied from the estate of her said Father (who died in Dec. 1881.) Just prior to her death the said money accounting to about $1427.50 III. That she the said Elvira Devin had at ^all^ times full and exclusive possession of said sum of $1427.50 until her death which occured about said Jany. 30, 1882. IV. That after the death of the said Elvira Devin, the said J.B. Devin her husband, took possession for the first time of the money and property of his said deceased wife Elvira Devin, of the value of $1427.50, on or about Feby. 1, 1882, in trust, and to hold for as the property of, the said claimants herein, the said heirs and children of said Elvira Devin, born to her and her said husband J.B. Devin, during their marriage and whose names are herein before descrived and men- tioned. V. That said J.B. Devin, after the death [page 4] of his said wife Elvira Devin, married the second time in Polk Co. Mo. to Belle ----, now Belle Devin and moved to this State on or about April 8, 1884, and that he resided in this State until his death in June 1886. VI. That he, the said J.B. Devin, fully intened, and often promised to pay over the said moneys, to the said claimants herein, in fulfilment of the trust he hand assurred, but wholly neglected to pay said sum of $1427.50 or any part thereof to the said claimants -- heirs of aforesaid -- or either of them. VII. That the said claimants herein claim of and from the estate of J.B. Devin, deceased, and are justly, & ^entitled^ the same as their in- heritance from the estate of their deceased Mother, the sum of $1427.50 together with interest thereon from Feby. 1, 1882, until April 8, 1884 at 6% per annum and with interest on said sum of $1427.50 from April 8, 1884 until the pres- ent time at 8% per annum, which [page 5] now amount to about $1910.00 VII. That Belle Devin, has been appoint- ed Administratrix and M.J. Devin Administrator, of the Extate of said J.B. Devin, deceade, by this Honor- able Court, and having duly qualified are now administering upon the Est. of said deceased. IX. That on Nov. 15th, 1886 Margarett D. Justice, as one of the claimants -- herein on her own, and on behalf of the other claimants -- duly presented this said claim of $1910.00 to M.J. Devin said Admr. and said claim was by said Admr. duly “Examined and approved” on said day, and the on Dec. 2, 1886, This claim was presented to said Belle Devin said Admix. and was by her “Examined and rejected” on said day. X. That said claimants --claim-- more fully describe and sworn & in their ac- count here to annexed and marked Exhibit “A” and made a part hereof is Justly due these heirs and claimants from said estate of said J.B. Devin, deceased XI. That these Claimants-- now pray that an order be made by this Court that saim claim of $1427.50 and Int. amounting [page 6] now to $1910.00 as present by said claimants -- be allowed and approved and that said Administrator and Administratirx pay out of the moneys of the estate of J.B. Devin deceased the said sum of $1910.00 to said claimants --herein before named in equal shares -- taking thus on their guardian’s receipt therefor and these claimants your petitioners herein, as in duty bound will ever pray. Geo. Wm. WrightAtty. for claimant -- the heirs of Elvira Devin deceased State of Oregon } County of Morrow } SS B. Geo. Wm. Wright being first duly sworn say that I am atty for claimants in above claim and that the facts therein are true as I verily believe, My sources of in- formation being from claimants and from Mrs. Belle Devin a party interested herein. The reason that this verification is not made by me of the claimants -- is because neither one of them are in town at this time, and because the Claim hereto attached is duly verified. Geo. Wm. Wright. Subscribed and Sworn to before me this 6th day of December 1886 C.L. Andrews Co Clerk
  Children	1. Nathaniel Madison Devin,   b. 8 Apr 1860, Bolivar, Polk, Missouri U.S.A. ,   d. 3 Apr 1933, Winchester, Lewis, Idaho U.S.A.  (Age 72 years)   2. Mifflin Jay Devin,   b. 5 Oct 1861, Missouri U.S.A. ,   d. 15 Jan 1942, Morrow County, Oregon U.S.A.  (Age 80 years)   3. Catherine Florence Devin,   b. 24 Jun 1863, Missouri U.S.A. ,   d. 11 Dec 1933, Contra Costa, California U.S.A.  (Age 70 years)   4. Margaret Delila Devin,   b. 15 May 1865, Polk County, Missouri U.S.A. ,   d. 1947  (Age 81 years)   5. Smith Pickel Devin,   b. 11 Jul 1867, Bolivar, Polk, Missouri U.S.A. ,   d. 22 Jun 1937, Heppner, Morrow, Oregon U.S.A.  (Age 69 years)   6. Irene Isabella Devin,   b. 3 Mar 1869, Bolivar, Polk, Missouri U.S.A. ,   d. 31 Aug 1939, Heppner, Morrow, Oregon U.S.A.  (Age 70 years)   7. Elvira Argussa Devin,   b. 7 May 1872, Bolivar, Polk, Missouri U.S.A. ,   d. 6 May 1910, North Yakima, Yakima, Washington, U.S.A.  (Age 37 years)   8. baby girl Devin,   b. 1 Aug 1874, Bolivar, Polk, Missouri U.S.A. ,   d. 2 Aug 1874, Missouri U.S.A.  (Age 0 years)   9. Letha May Devin,   b. 21 Jan 1876, Bolivar, Polk, Missouri U.S.A. ,   d. 17 Mar 1876, Missouri U.S.A.  (Age 0 years)   10. Joseph Charles Devin,   b. 1 Oct 1878, Bolivar, Polk, Missouri U.S.A. ,   d. 16 Jan 1957, Corvallis, Benton, Oregon U.S.A.  (Age 78 years)   11. Eunice Ursula Devin,   b. 30 Jan 1882, Missouri U.S.A. ,   d. Sep 1882, Missouri U.S.A.  (Age 0 years)
  Last Modified	9 May 2012
  Family ID	F4	Group Sheet  |  Family Chart

  
  

• Documents

  DevinJB-bible2.pdf

  
  

• Notes

  Census: 1850 Polk Co MO book p 47; POB = TN 1860 Polk Co MO book p 19; POB = TN 1870 Polk Co MO book p 90; POB = MO 1880 Polk Co MO book p 135; POB = MO...... MARRIAGE: Polk Co MO A-538 Roll Box: 390, Roll-Exct: 11, Roll-Record: 3882 - Sergeant, Company L, 13th Missouri Cavalry CW muster-in roll lists his POB as Pike Co MO Family lived in Pike Co MO for less than 1 year about 1835 per father's pension file. Possibly born in Missouri. It is difficult to say just where he might have been born. During the Civil War his Company F was at the battle of Lexington, MO. It is said that Joe fired the first gun at the battle, but his company was surrounded by Price's Army & caused to surrender. His war record reads as follows: "It is hereby certified that according to the records of this office, active service 30 July 1862 in Company F, 26th enrolled Missouri Militia at Bolivar, Missouri. Capt. T. Higginbotham commanding, Rank 2nd Lieutenant. Relieved from duty 20 October 1862 as Prisoner of War. Enlisted 10 Aug 1864 in Co L 15th Regiment Cavalry Volunteers at Bolivar, MO by Capt. Burus. Rank: Pvt. Mustered into service 26 Aug 1864 at Springfield, MO. Mustered out of service 1 July 1865 at Springfield, MO." After the close of the Civil War, Joe engaged in stock raising and farming in Missouri. In Morrow County Oregon engaged in sheep raising. In 1884, after the death of his first wife & his remarriage to Bell Wall in 1882, he moved with his sons & daughters to Oregon. The various families settled in Morrow County then a part of Umatilla County. After Joe's death of pneumonia, Bell Devin married a Lalande & their two children, Stella Ophelia & James Benton Devin.. Per the will of their stepfather: his children by Belle Wall apparently kept the Devin name; they were left $250 each in his will. --KLV Per KLV, Joe died without a will and it took at least two years to settle the estate. Probate file lists YOD as 1886. !NAME:Certificate of Death for Madison Nathaniel Devin, Devin, Nathaniel Madison: Certificate of Death, State of Idaho, Department of Public Welfare, Bureau of Vital Statistics, Box 13 !NAME:J.B. & C.S. Devin Affidavit, J.B. & C.S. Devin Affidavit, Filed 24.December.1868 in Polk County, Missouri !NAME:Will of Clayton Devin, Devin, Clayton: Will, [page 1] Clayton Devin [Lo] Will Box 71 202 Filed Dec 24 AD 1868 JB Burros Clk [page 2] In the name of God, Amen, I Clayton Devin of the County of Polk and State of Missouri being in the Seventy sixth year of my age and a very feeble State of health being con- scious of the uncertainty of life and Certainty of death at the same time according to my own apprehensions of Sound mind and being anxious to make a suitable desposition of my real and personal estate do make ordain and delare this to be my last will and testament. 1st It is my will that after my decease that all my debts and the expenses of my funeral be paid and discharged by my executor herein after named and appointed out of my estate as soon as conveniently may be I leave the charges of my funeral to the descretion of my ex- ecutor. 2nd I give devise and dispose of my estate both real and personal save what may be necessary for the pay- ment of my just debts and funeral expenses in the following manner To wit, I give and bequeath unto [page 3] my beloved wife Margaret Devin all of my personal estate such as money or the proceeds of notes or stock such as cattle horses and sheep and hogs house hold and kitchen furniture and farming utensils to have and enjoy and dispose of as she may think proper to her own use and benefit during her natural life after her decease to be disposed of as hereinafter mentioned together with my personal estate I give and bequeath unto my said wife the following described land compris- ing the homestead to wit the West half of the Southwest quar- ter section So thirty four (34) and East half of of South West quarter and South West quarter of NorthWest quarter and South East quarter of North West quarter Section No Thirty Three (33) of Township No Thirty four (34) of Range No twenty three (23) The above described real estate I desire to be sold or vivided as herinafter mentioned. 3rd It is my desire that the fol- [page 4] lowing described real estate be dis- posed of by my executor either by private or public sale on the most advantagous terms that he may think fit if not sold by my self during my life time the proceeds to be given to my wife Margaret Devin to be enjoyed by her as she may desire for her own use and benefit as long as she may live To wit South half of the South West quar- ter and South East quarter of the South West quarter of Setion No nine (9) Township No Thirty four (34) of range No Twenty three and also the South East quarter of the North West quarter Section No Twelve (12) Town- Ship No Thirty four 34 of Range No Twenty four (24) 4-- The following described land I give and bequeath unto the Dev- in family to remain in common for the use of a burying ground bounded as follows To wit Beginning and lying on the East boundary Section Thirty Two 32 Town- Ship Thirty four 34 of Range (23) at a yellow Stone 36 poles North of the South East corner of the said Section [Witnynd] by Black oak 12 inches in diameter 20 [page 5] links North East to black oak 11 inches in diameter 17 links due West thence North on a Section line 17 Poles to yellow Stone West 28 Poles to yellow Stone [Nine] South 17 Poles to yellow Stone [Nine] East 28 poles to The [begining] [Anlang] 2.56 acres the above des- cribed land to remain forever the property of the Devins not to be Sold but to be used by the pub- lic as a common burying ground 5 After the death of my wife Margaret Devin it is my desire that the remainder of my estate after her funeral expenses Shall have been paid be disposed of as follows To wit I give and bequeath to my Son William M Devin the Sum of five dollars. I give and bequest to my daughter Ama S. Wilson five dollars I give and bequeath to my daughter Margaret A. Chitty the Sum of five dollars. [a page seems to be missing] [page 6] 9th After the above [legacies] have been paid to gather with the expenses of administration The residue of my estate both real and personal I [disise] may be equally divided if can be if cannot be then the real es- tate to be Sold and proceeds together with personal estate be divided between the following named legal heirs of my body or their legal repre- sentatives, to wit, Clayton S. Devin, Joseph B. Devin, Alfred H. Devin, Martha M. Heydon, Sarah J. Thompson, Mary E. Pickering Massa L. Hughes Parthenial T Frieze Share and Share alike In order that the provisions of this my last will and Testament may be carried out I constitute and appoint Alfred H. Devin my ex- ecutor hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand this 14th day of October 1868 [Atuge] Clayton ^his X mark^ Devin <\p> A. Signed and declared by the above named Clayton Devin to be his last Will and testament in the [page 7] presence of us who at his request and in his presence have subscribed our names as witnesses thereto. George W. Russell Thomas H. Russell Alexander Millikin State of Missouri County of Polk Be it remembered that on this the 24 day of December AD 1868, an Instrument of writing Proporting to be the last Will of Clayton Divin Deceased was exhibited to the undersigned J.B. Burros clerk of the County Court [beler/E] to be proven and the Same was rejected for want of proof. J B Burros Clk !NAME:Missouri-Polk County Marriage Register, Missouri-Polk County Marriage Register, Office of the Recorder in Polk County Court House, Bolivar, Missouri.