Written by Victoria Vasquez | October 24, 2024
The Death of an Upright Man
Joseph Brown, 63 years of age was one of the earliest founding settlers of Porter County. He died of fever at his residence located in Washington Township on Tuesday morning of August 20, 1850. Mr. Brown was an extensive farmer and well-respected businessman in the community.
Joseph had 13 children and several grandchildren. He acquired much property in Washington Township during his lifetime in Porter County. Before his departure, he made it clear that he wanted his family to reap from his rewards. A portion of his Estate included parcels along County Road 200N and County Road 450E. This made up approximately 100 acres that he owned in 1840 before he passed away 10 years later. During the years between 1837 to 1839, the US Government Land Office provided the first offerings of land to early settlers. Joseph was the second owner of a large land tract in Porter County.
Joseph purchased the land from Willett and Rhonda Marshall on February 21, 1840. The deed was recorded March 3, 1840 in Record Book “B’, page 159-160.
Parcel description known as follows: E ½ SW ¼ of Section 22-35-5 and 20 acres off west side of SE ¼ of Section 22-35-5 being approximately 100 acres.
This property is specified in Joseph’s Last Will and Testament.
Before settling in Porter County, the Brown’s came from Hardin County, Kentucky to Rockport, Spencer County, Indiana with the young Abraham Lincoln’s parents in 1816. The families lived as neighbors for many years. During the spring, the families would journey together taking all their possessions on a flatboat built during the prior winter season and rode the Ohio River to their chartered destination.
They would often travel to their new homes in Indiana. The families were very close and kept company with each other to the extent that Alfred’s brothers, Presley, and Oliver were playmates of the young Lincoln. The wives of the Brown and Lincoln families had babies that arrived a year apart from each other. Being such close friends, Nancy Hanks Lincoln named Nancy Mariah Brown, Albert’s older sister, as her namesake.
By 1836, Joseph Brown, a grown man, was taking care of his own family. Albert and his brother Presley had been living away in Missouri for a while until they returned home to Washington Township in 1849 to be with their father. The trip consisted of the brothers traveling down the Mississippi and Illinois rivers then on the canals to Lake Michigan. It required a stop in Chicago, which was a blooming village, then continued on to Michigan City to take their last leg by stage to finally arrive at Washington Township. During the brothers’ absence, their father had done quite well for himself becoming the owner of over one thousand acres on Morgan Prairie.
In the earlier years, Joseph Brown married Susan Carter, who was born in North Carolina in 1789. Mr. Brown was a great admirer of fine horses and had several good race horses. One in particular known as “The Slug,” a Kentucky thoroughbred, would race riderless in the three-mile race and was valued at $500, quite the sum in those days.
At one time, Susan cared for Mrs. Lincoln after she gave birth to Abraham. Later in life, Susan spent the latter part of her years living with her son, Albert, who was married to Catherine Malone in 1835. Joseph Brown passed away on August 20, 1850 leaving Susan a widow. Although he left his family in a very comfortable state, Susan remained her last days with Albert until her death on January 3, 1870.
The Last Will and Testament of Joseph Brown
Be it remembered that on the 6th day of September in the year of our Lord eighteen hundred and fifty the following as the Last Will and Testament of Joseph Brown was duly admitted to probate filed and recorded in the Clerk’s office of the Porter Probate Court to wit:
Knowing the feebleness of my health and the uncertainty of Live [sic] I make this my last will and testament feeling able to do so by the soundness of my mind.
Then first in the first place I give to Mrs. Elizabeth Layhsee one hundred acres of land it being the east half of the south west quarter of section twenty two (22) Township thirty five (35) north of range five (5) west and twenty acres lying immediately East of the above described lot making together the one hundred acres during her natural life.
Then second I leave to my natural daughter Minerva Brown an equal part of any estate of every kind with my legitimate children share and share alike all round and I pray that my dear children may settle this matter without any dispute and may God prosper them in the enjoyment of it.
Signed by me this 19th day August 1850
Joseph Brown
In presence of
John Brown
Wilson Malone
John P Cobb
State of Indiana, Porter County
Before me the undersigned Clerk of the Porter County Probate Court this day personally came John P Cobbs of lawful age who being one duly sworn upon his oath saith that he is a subscribing witness to the above and foregoing will of Joseph Brown late of said County of Porter deceased and that he saw the said Joseph Brown sign and deliver this same as his last will and testament that in his judgment said Brown was at the time of signing said will in his right mind and fully aware of the contents the same having been dictated by and subsequently read to him prior to and at the time of the execution of the same and further saith not.
John P Cobbs
Subscribed and sworn to before me the 6th day of September AD 1850
William W Jones Clerk PPC
State of Indiana, Porter County
I, William W Jones Clerk of the Probate Court in and for said County of Porter do hereby certify that the above and foregoing is a full true and complete copy of the last will and testament of Joseph Brown deceased as the same remaining on file in my office.
In witness whereof I have hereunto set my hand and the seal of said Probate Court this 21st day of May AD 1852 – William W Jones, Clerk
Family Ties Unravel
Wilson Malone and John Brown were appointed as Administrators of the Joseph Brown Estate to carry out the terms stipulated in Joseph’s will.
After Joseph’s death, the heirs sold the family property during a public auction on Wednesday, October 3, 1850. The auction was held at the homestead between 10 o’clock AM and 4 o’clock PM. The personal property sold included eight horses of excellent blood lines, fifty or sixty head of cattle of every age and description, of very choice breed, their blood having been improved with great pains and expense and 15 or 20 of them being cows. Also, up for auction were a good lot of hogs, a large quantity of Wheat, a quantity of Oats, Corn in the field, 1 harvester, known as a Heading machine, plus wagons, plows, harnesses, a large quantity of household furniture of every type and a near endless list of other articles.
About 2 years had passed since the death of Joseph Brown when William B. Muir, Joseph’s grandson, surfaced to seek his inheritance. William was the son of Nancy (Brown) Muir, the daughter of the late Joseph Brown, who wed Mr. Muir in 1829. William filed a complaint against Wilson Malone, Administrator of the Brown Estate, John Brown, and members of the Brown family on May 21, 1852. Nancy had departed this life survived by her son. William sought to receive his portion of the Joseph Brown Estate as did the other family heirs.
William Muir petitioned the court arguing that he was entitled to receive one-ninth of the Brown Estate. His complaint recognized several heirs of the Brown family to wit:
Minerva Brown and her husband James Brown, Edward Brown, Daniel Brown, Alfred Brown and Joseph Brown, William Brown, the many children of Presley Brown, son of the late Brown and Benjamin N. Spencer, grandson of the said Minerva Muir, including Oliver Brown, Asa Brown, and many other family heirs.
Although William Muir was unable to state the value of the property or provide its description, he did his due diligence to be awarded his inheritance. However, the Administrators had a difference of opinion. In William’s complaint, he stated the Administrators denied that he was an heir of Joseph Brown and proclaimed that “they will not pay your petitioner any sum of the said estate of the said Joseph Brown.” William therefore asked the honorable court to be recognized as Joseph’s rightful heir. The decision is unknown at this time.
In a change of ownership, Nathan Cooper purchased the Joseph Brown farm. Coincidentally, Nathan also had an interest in horses like Brown. He was the proud owner of “Red Star,” the fastest horse in the county back then.
Joseph Brown is buried at the Luther Cemetery located in Valparaiso, Indiana.
For more details about this story, contact the Porter County Clerk Archives Team.
References: Newspaper: Practical Observer, August 21, 1850, Volume Number 2, Issue Number 4, Page 2, Column(s) 2; Porter County Clerk Archives, Last Will and Testament of John Brown signed on September 19, 1850; Porter County Clerk Archives Complaint filed by William B. Muir against Wilson Malone et.al.; InGENWeb Project http://www.inportercounty.org; Washington Township plat CR 200N-CR 450E and land details, Kevin Breitzke, Porter County Surveyor.
The Dash 