Horatio Tryon (1826 - 1895)

Born 1 Jun 1826 in Wayne, Ohio, United States

Ancestors

Husband of Abigail (Coon) Tryon — married 27 Apr 1847 in Allen, Indiana, USA

Descendants

Died 9 Jul 1895 at age 69 in Middletown, Lake, California, United States

Problems/Questions Profile managers: Michael Tryon [send private message] and Michael Maranda [send private message]

Biography

He married Abigail Coon on 27 Apr 1847 in Huntertown, Allen, Indiana.^[1]

By 1867 he was living in Franklin, Sacramento, California.^[2]

His estate began the probation process on 5 Aug 1895 in Lake County, California. His widow, Abigail, petitioned to be appointed administratrix on 31 August. He had left a will dated 15 March 1891, but it had been destroyed by fire on the 11th of July 1895. The documents name as heirs-at-law:

Abigail Tryon, widow of decedent

S. C. Tryon aged 44 residing at Sacramento

E. H. Tryon aged 42 years residing at San Francisco

Olive Reinecke aged 28 residing at Middletown, Lake, CA

Edward P. Tryon aged 24 residing at Middletown, Lake, CA

Mattie T. Hull, aged 19 residing at Middletown, Lake Ca, surviving child of a daughter

S. C. and E. H. Tryon, Olive Reinecke and D. Reinecke, Edward P. Tryon and Mattie T. Hull signed an affidavit dated 11 July 1895 that "We, the undersigned heirs of Horatio Tryon hereby agree to destroy the will of said Horatio Tryon by burning the same and we do certify that said will was burned in our presence." Additional witnesses to the burning who signed as witnesses were: Frank H. Smythe, Mary Maker, Ollie Parker, Mrs. Addie C. Tryon, Mrs. Amy Tryon. His notary, who had drawn up the will, was examined as to Horatio Tryon's state of mind at the time the will was drawn up and stated that he seemed nervous and irritable, but also uninterested in the document as a will. Examined as to whether he remembered any of the provisions in his will, the notary stated that he thought Horatio had left everything to one son, possibly named Howard [presumably Ephraim Howard Tryon], with the Middletown property left to Edward. "There were some children whose names he did not want mentioned in the will." The will remained in the possession of the notary until, on the 11th of July, two of the sons called at his office and he gave it to them. He was then told that all the heirs-at-law were assembled nearby and he accompanied the sons to the home of son-in-law Fred Reinecke. The assembled heirs-at-law discussed what to do with the will in the presence of the notary, and it was decided to burn it without opening it. The notary testified that two or three times in the intervening period the testator, having made the will, spoke to the notary and said he was not satisfied with the will and wished for a new one to be drawn up. [However, Horatio failed to do this.] A witness to the signing of the will stated that Horatio Tryon appeared to have difficulty signing his own name "as he was so nervous". "He appeared to be very nervous, and I think was a very sick man," he testified when queried about Horatio's state when signing the will. HIs widow testified that at the time he had drawn up the will he did not seem to her to be competent. She did not know of any undue influence, menace or fraud that might have been brought to bear on her husband at the time the will was drawn up. The court ruled that the testator had not been of sound mind nor was he capable to dispose of his property. (There is a great deal more, amounting to 152 pages!)^[3]

Research Notes

It is clear from the probate documents that a daughter had married someone named Hull, as one of the heirs-at-law was Mattie P. Hull, daughter of a (presumably deceased) daughter.

Sources

1. ↑ Indiana, Select Marriages Index, 1748-1993; FHL Film Number: 2111101 (Ancestry.com)
2. ↑ California State Library; California History Section; Sacramento, California; California Biological Collection: Sacramento County Great Register; Year: 1867; Reel: 25; California History Room: Microfilm 734 (Ancestry.com)
3. ↑ California, Wills and Probate Records, 1850-1953; California. Superior Court (Lake County); Probate Place: Lake, California, Case Number: 8 (Ancestry.com)

• 1850 US Federal Census; Census Place: Wayne, Noble, Indiana; Roll: M432_162; Page: 269A; Image: 537 (Ancestry.com)

• 1860 US Federal Census; Census Place: Perry, Allen, Indiana; Roll: M653_243; Page: 348; Family History Library Film: 803243 (Ancestry.com)

• "United States Census, 1860", database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:M4FZ-3DS : 30 December 2015), Horatio Tryon in entry for Gardner Cone, 1860.

• 1870 US Federal Census; Census Place: Franklin, Sacramento, California; Roll: M593_77; Page: 111A; Image: 221; Family History Library Film: 545576 (Ancestry.com)

• "United States Census, 1870," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:MN6L-ZN5 : 17 October 2014), Horatio Tryon, California, United States; citing p. 13, family 89, NARA microfilm publication M593 (Washington D.C.: National Archives and Records Administration, n.d.); FHL microfilm 545,576.

• 1880 US Federal Census; Census Place: Middletown, Lake, California; Roll: 66; Family History Film: 1254066; Page: 29C; Enumeration District: 050; Image: 0568 (Ancestry.com)

• Sacramento, California, California Biographical Great Books, 1867 and 1872; California State Library, California History Section; Great Registers, 1866-1898; Collection Number: 4 - 2A; CSL Roll Number: 34; FHL Roll Number: 977088 (Ancestry.com)

• Horatio Tryon's Find a Grave Memorial 71811741