Born: 18 September 1821 South Carolina, according to 1850 census (head stone says North Carolina, but it also says he was born 1 January 1820)
Died: 16 April 1860 Mud Springs Township, El Dorado County, California
Buried at a small cemetery near Shingle Springs in the Placerville area of El Dorado County, California
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Father: Robert Waters
Mother: Elizabeth Taliaferra ?
Siblings: ???
Married: 1846 to Elizabeth Melinda Benson
Children: The first three were born in Marietta, Georgia; the last three in French Town, California
Allen Benson Waters, 1847
George Robert Waters, 1849
John Henry Waters, 1853
Marietta Waters, 1855
Martha Melinda Waters, 1857
Larkin Tolliver Waters, Jr, 1859
Elizabeth Melinda Benson
Born: 26 April 1831 Marietta, Cobb County, Georgia
Died: 20 October 1906 Joseph, Sevier County, Utah
Father: Rueben Benson
Mother: Elizabeth Kemp (Mary Stepp was listed in Mom's stuff as Reunben's wife, but I can find absolutely nothing about her, and Elizabeth Kemp was listed as Larkin's mother. Every record I can find lists Elizabeth Kemp as Reuben's wife, although I do remember reading somewhere that she was also his niece. There are a couple of suggestions that Reuben was married twice, but I can't find anything that says the name of the other wife. Maybe Mary Stepp?)
An interesting bit of information:
Back around 1980, when I first heard of Larkin Tolliver Waters, I was reading Men to Match My Mountains by Irving Stone, about the first pioneers who crossed the Rockies and established themselves in the west. One of the people mentioned in the book was Thomas Oliver Larkin. The similarity in names grabbed my attention.
It became a real mystery for me when I learned that Mr. Larkin was 20 years old and living in North Carolina in 1821, the year my third great-grandfather was born. I believe that there must be a link, but don't know what it might be. I know absolutely nothing about Robert Waters, and he is a dead end on the family tree. I know nothing about any siblings Larkin might have had. Although Thomas Oliver Larkin went on to become a very important early Californian, I doubt that he'd done anything at twenty years old to inspire Robert and Elizabeth to name their son after him. Or is it possible that our Larkin was the illegitimate son of Mr. Larkin? I doubt we will ever know, but there is more to this story.
Mr. Larkin left North Carolina in 1822 and moved around a bit before landing in California in 1832. By the time of the Gold Rush in 1849, he was settled in San Francisco. When he died in 1858, he owned many land grants in California.
In the meantime, in about 1853, our Larkin and his wife, Elizabeth, decided to move with their three children to the California Gold Fields. I don't know if they were actually looking for gold, but they did manage to accumulate quite a bit of property over the eight years before Larkin died.
Last Will and Testament of Larkin T. Waters, April 4th, 1860
Know all men by these presents that I, Larkin T. Waters of Frenchtown, Mud Springs Township, El Dorado County, State of California, being now of sound mind do make the following as my last Will and Testament.
Firstly, I appoint Andrew J. Warf to act as guardian for my children, and Doctor John W. Edwards and Theodore H. Moss to act as Executors to carry out my will.
Secondly, after the payment of my just debts, I desire that Andrew J. Warf do take charge of all my property for the use and benefit of my wife and children. I desire that my children do accuier (sic) all the education that can be afforded to them, and that each of my children, including Elizabeth Warf, the wife of A.J. Warf, do all share alike.
Thirdly, that my wife E. M. Waters do receive one third of the income of my property whenever she may desire the sum for her own use and benefit, but that the property shall not be sold and divided until the youngest child living be of age, done this fourth day of April A.A. 1860.
L.T. Waters
Witness: G. B. Pomroy A. Small (or Smith?)
Apparently, Larkin's wishes were not followed...
State of California
County of El Dorado
In Probate Court
In the matter of the Estate
of
Larkin T. Waters deceased
The undersigned petitioner shows to the Court that Larkin T. Waters, deceased, departed this life on or about the 16th of April 1860. That at the time of his death the deceased was, and had been for a long time prior to his decease, a resident of this county. That deceased left in this county, at the time of his death, property both real and personal of the value according to petitioner's best knowledge, information and belief, at the time of at least $3000.00. That deceased left a will. That the whereabouts of said will is to the petitioner unknown, but to the best of petitioner's knowledge, information, and belief, the same is in the hands of one Theodore Moss. That said Moss, as petitioner is informed, has left this state and resides in Nevada Territory. That the said Theodore Moss and Dr. Edwards were named in said will as executors. That said will has never been presented for probate. That at the time of his decease, the said deceased was the head of a family, leaving a widow and six children who were divsees under said will.
And the petitioner further shows that afterward, on or about the 18th day of September 1861, he intermarried with, and is now the husband of, the widow of the said deceased. That the widow of the said deceased requests that petitioner be appointed administrator of said estate of said deceased. And petitioner further shows that he is legally competent to act as administrator of said estate. And petitioner shows that since the decease of L.T. Waters a large portion of the property of said estate has been squandered and dissipated, parties meddling wherewith and disposing thereof without warrant or authority of law. That at this time the real estate belonging to the estate of said deceased, owing to depreciation in value and loss from neglect and inattention is not worth to exceed $1000.00, and provides an income of about $300.00, the same being the rent of certain water ditches. That the said personal property consists in notes, personal effects, household furniture, etc., and an undivided interest in certain cattle and horses. The petitioner shows that his wife, Elizabeth M. Barnes (the widow of the deceased), Allen B. Waters, George R. Waters, John H. Waters, Marietta Waters, Martha M. Waters, and Larkin T. Waters are the heirs at law of the said deceased and the said Elizabeth M., the now wife of petitioner.
Wherefore, petitioner prays that a day of court may be appointed for the hearing of this application and that due notice be given thereof by the clerk by posting notices according to law, and that upon the said hearing and the proofs to be addressed, letter of administration upon said estate my be granted and issued to your petitioner, and as in duly court he will ever pray.
April 30th 1862 Edward S. Barnes
May 13, 1862 - After posting a bonds with three friends in the total amount of $3000.00 to guarantee that he wouldn't also run off or squander the remaining estate, Edward Barnes was made executor of the estate.
May 16, 1862 - Edward Barnes filed the following before the Probate Court:
To the Hon. Probate Court in and for said county
Edward S. Barnes, Administrator of the above estate complains that one A. J. Warf, as your petitioner is informed and believes, had, at the time of the death of said L. T. Waters, control of a large portion of the property of said deceased and has since time been in the possession and control thereof, that Warf has had the control, custody and management of rents, issues, and profits of said estate and the personal affects thereof. that at the time of said decease of said L.T. Waters, he was, as petitioner is informed and believes, the owner of 1/3 undivided interest in about 100 head of cattle, was owner of three horses, saddles, and _____, notes, accounts and other evidence of indebtedness in a book or books of account. The amount of which said notes and accounts and debts were and are to petitioner unknown, though petitioner is informed and believes this amount to near $1500.00. That prior to the death of said L.T. Waters, the same A.J. Warf was a clerk, partner and confidential agent and had the personal charge and control of the business affairs of said deceased at the time of his death and since that time assume control and dispose of the same. That petitioner has applied to said A.J. Warf to account with him for said notes, accounts, rentings, and evidences of indebtedness and the property and effects of said estate that have come to his hands, but that said Warf has failed and refused to give petitioner any information concerning the same or any part thereof.
Whereupon your petitioner complains that said A.J. Warf conceals or has embezzled or disposed of said property of deceased and petitioner _____ an order _____ a citation to issue citing the said Warf to be and appear before your Honor to answer and be examined under oath upon such interrogation as may be asked him touching the matter of the complaint.
The Probate Court ordered Warf to appear on May 26. The court also appointed three men to act as appraisers of the estate. they came up with the following list.
House and garden in French Town with barn and outhouse known as the butcher shop, with orchard on the same, about two acres under good picket fence, together pasture adjoining. Enclosed with brush fence containing hundred acres more or less. Total Value $ 550.00
Household and kitchen furniture $100.00
One ranch known as the Stites Ranch, situated on the east and west side of French Creek, three fourths of a mile below French Town. Seven acres under good fence on the west side of French Creek together with dwelling house and yard on the east side of the creek, the same always being connected and known as the Stites Ranch. Total Value $300.00
Pomroy Ditch commencing on the creek known as Saw Mill Creek, one half mile south of road running through Buck Eye Flat. Thence running down to French Hollow on west side of Barrette's Ranch, together with reservoy (sic) on the same. Value $250.00
Garden ditch for irrigating garden in French Town. Value $10.00
Summers Ditch taken water from Forty Mile Creek at the mouth of Stites ravine and running water to Summer Ravine. Value $5.00
New Ditch taken water out of French Creek below the Agra Dam together with a large reservoy in French Creek one hundred yards above the head of the said ditch together with one reservoy one mile and a half down the said ditch. The said ditch runs water from French Creek to Canada Flat or Merry Ranch on the east side of French Creek. Value $400.00
One half of ditch known as Knights Ditch taken water from French Creek at Merrys Dam and running water on the west side of French Creek to Hydraulic Ravine. Value of said half $5.00
Wallen Ditch taken water out of French Creek below Joseph Edwards house running water on the west side of French Creek through Stites Ranch thence crossing French Creek in a flume on east side of French Creek to McCarty's Ranch. Total value $25.00
One sow or hog. $6.00
Notes and accounts against different parties to the amount of six hundred dollars. Valued at $150.00
An undivided interest of one third in one pony, 24 dollars value. $8.00
An undivided interest of one third of eight head of cattle valued at 12 dollars per head. $32.00
One third of an old wagon valued at 20 dollars. $6.66 2/3
Seven Cow bells valued $10.00
We the undersigned, duly appointed appraisers of the Estate of L.T. Waters dec'd, do hereby certify that the property mentioned in the foregoing inventory and appraisment (sic) has been exhibited to us and we appraise the same at dollars.
Total $ 1857.66 2/3
Warf went to court on May 26, 1862, and testified about how he had handled the estate. I have a copy of his testimony, but it is way too long to add it here. His testimony demonstrates his very lousy record-keeping and management of the estate.
On June 16, 1862, a man names J.R. Edwards petitioned the court with evidence that the three friends backing Barnes' bond had lied about having the money to do so. He requested that Barnes be ordered to produce further bond. The Probate Court ordered Edward Barnes back to court.
Then there is another petition to the court in which a J. Barrette and J.R. Edwards claim that they are the only creditors of Waters' estate and that the estate ins pretty much in debt to them for the value of the estate. They asked that Barnes be removed as administrator.
Finally, there is a bill of sale-type document in which Edward and Elizabeth Barnes agree to accept the sum of $508.40 from G. Barrette in exchange for the property and ditches and the forgiving of a debt of $119.20. It is dated April 11, 1863.
That's where the story stops in my files. The next time I see reference to Mr. Barnes and Elizabeth, later in 1863, they were living in Utah and had a son, Edmund.
This leaves me with so many questions... Who was the bad guy here? Did Barnes know about these creditors and the debt for the value of the estate? Was he planning to try to sell everything and leave as fast as possible? Or was the debt a lie? If it was true, why did the creditors wait for a year before they came forward to claim the estate? Why didn't Warf make any attempt to pay the debt or even mention it in court? He claimed to be Waters' partner and know everything that was going on. And what happened to Mr. White, who was the third partner? Why did he not testify? And whatever happened to Dr. Edwards and Theodore Moss who were supposed to be the original executors? Very mysterious!
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