Lewis Collyer Probate Records - - Warren Co. Indiana
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In reply to:
Lewis Collyer > 1806 Kentucky > Dec. 1869 Indiana
Vikki Ireland 3/18/03
Warren County, Indiana
Probate Records
Volume:5 Pages 521 – 527
FHL Film 1977936
State of Indiana
Warren Countyss
Court of Common Pleas of Warren County, October Term A.D. 1871
Pleas held at the Court House in the Town of Williamsport began and held Monday October 16th 1871. Present the Honorable JOHN M. LARUE Judge.
JOHN W. RYANAdministrator of
LEWIS COLLYERDeceased
Vs
The Heirs of Decedent
Be it remembered that heretofore to wit: On the 17th day of February A.D. 1870 the same being the 10th judicial day of the February Term A.D. 1870 of said Court aforesaid held as aforesaid and before the Honorable Judge aforesaid the following proceedings were had herein to wit: Comes now said administrator and an motion files his petition herein duly sworn to as follows to wit:
Warren County Common Pleas Court
February Term A.D. 1870
JOHN W. RYAN administrator of the estate of LEWIS COLLYER deceased show to the court that said decedent died intestate and that the personal assets of the estate amount to about $1069. dollars, that the debts of said estate amount so far as they have come to the petitioner’s knowledge about $3000. dollars showing an insufficiency of the personal estate to pay the debts of $1931. dollars. That the decedent died the owner in fee of the east half of the southwest quarter of Section 11 {S-11}, Township twenty-two {T-22}, Range 7 west {R-7} 80 acres. The west half of the south east quarter of the same section, township, and range except 5 acres out of the south east corner of the later tract 75 acres, in all 155 acres in said county that decedent left surviving him AMANDA CAHOW formerly COLLYER now intermarried with STEPHEN CAHOW, SARAH RYAN formerly COLLYER now intermarried with JOHN W. RYAN, MARY RITTENOUR formerly COLLYER now intermarried with JOHN RITTENOUR, JOHN L. COLLYER, THOMAS COLLYER, FRANCES MOUNTS formerly COLLYER now intermarried with J.C. MOUNTS and WILBER E. COLLYER grandchild of decedent and son of WILSON COLLYER deceased who was a son of said LEWIS COLLYER deceased,EMMERETTA F. MARLOW, LILLIA MARLOW, and ANNA A. MARLOW grandchildren of decedent by ELIZABETH MARLOW formerly COLLYER and daughter of said decedent who was also dead at the death of said intestate sole heirs at law of said intestate. The above named grandchildren are all minors. Said land is of the probably value of $2000. dollars, and he asks an order for the sale of said land at public sale.
JOHN W. RYAN
Subscribed and sworn to before me this 11th day of February 1870.
WILLIAM C. SMITH Clerk
And the court order notice to be given the heirs by publication of notice in the Warren Republican and this cause is continued.
And after wards to wit: on the 25th day of October A.D. 1870 the same being the 8th judicial day of October Term of said court aforesaid held as aforesaid and before the Honorable Judge aforesaid the following proceedings were had herein to wit:
Comes now said administrator and on motion files an affidavit proving to the court that the heirs of the decedent have been duly notified of the filing and pending of petition and said affidavit reads as follows to wit:
State of Indiana
Warren Countyss
Notice is hereby given JOHN W. RYAN administrator of the estate of LEWIS COLLYER deceased has filed his petition to sell the real estate of the decedent his personal property being insufficient to pay his debts and that said petition will be heard at the next term of the court of common pleas of said county.JOHN W. RYAN administrator on motion by order of the court said adult defendants AMANDA CAHOW, SARAH RYAN, MARY RITTENOUR, JOHN L. COLLYER, THOMAS COLLYER, FRANCES MOUNTS are now each their term solemnly called comes not but so to do cobally fails and makes default and an motion B. F. GREGORY is now appointed Guardian ad item for WILBER E. COLLYER. EMARITTA F. MARLOW, LILLIA MARLOW, ANNA A. MARLOW who now on motion files his answer herein as follows.
JOHN W. RYAN Administrator
LEWIS COLLYER Deceased
The undersigned guardian ad litem for the following named heirs to wit:WILLIE E. COLLYER son of WILSON deceased, EMARETTA F. MARLOW, LILLIA MARLOW, ANNA A. MARLOW children of ELIZABETH MARLOW formerly COLLYER for answer to the petition denies each and every allegation there of,
B. F. GREGORY Guardian ad litem
And the issue being joined to court find that the allegations of the complaint are true and that said LEWIS COLLYER died seized in fee simple of the following described Real Estate to wit: The east half of the southwest quarter of Section 11 {S-11}, Township 22 {T-22}, R7 west 80 acres. The west half of the southeast quarter of the same section, township, and range except 5 acres out of the southeast corner of the latter tract 75 acres and in all 155 acres in said county and the court further find that said decedent died leaving him the above named parties as his heirs at law and the court further finds that there is not sufficient personal estate to pay the debts outstanding against said estate and the court on motion appoint JACOB HANES and TIMOTHY CLAWSON appraisers to appraise said real estate and said appraisers are now sworn in open court to the faithful discharge of their duties and afterwards said appraisers return into court and submit and file their appraisement as follows to wit:
State of Indiana
Warren Countyss
The undersigned having been appointed to appraise the real estate of LEWIS COLLYER deceased particularly described on the within report do solemnly swear that we will faithfully honestly and to the best of our judgment appraise said real estate at its fair cash value so help us God.
JACOB HANES
TIMOTHY CLAWSON
Subscribed and sworn to in open court this 18th day of October 1870.
State of Indiana
Warren Countyss
The undersigned appointed to appraise the east half southwest of Section 11, Township 22, R7 west also west half southeast quarter of said Section 11, except 5 acres out of the southeast corner of the latter tract and containing in all 155 acres in Warren County, Indiana the property of the Estate of LEWIS COLLYER deceased having been duly sworn report that after our examination of this premises were of the opinion that said real estate is worth Two thousand five hundred dollars
JACOB HANES
TIMOTHY CLAWSON
And the court on motion order said administrator to file his additional Bond herein in the penal sum of five thousand dollars with surety thereon which is approved by the court and reads as follows to wit:
Know all men by these presents that we JOHN W. RYAN, JACOB HANES, and TIMOTHY CLAWSON are bound unto the State of Indiana in the penal sum of Five thousand dollars to pay which we jointly and severally bind our selves our heirs, executors, and administrators, Sealed and dated the 18th day of October 1870. The condition of the above obligation is that as the above bound JOHN W. RYAN administrator of the estate of LEWIS COLLYER deceased has been ordered by the Court of Common Pleas of Warren County to sell 155 acres of the real estate of the said decedent to wit: the said JOHN W. RYAN will faithfully discharge the duties of his trusts according to law then the above obligation is to be void else to remain in full force in law.
JOHN W. RYAN
JACOB HANES
TIMOTHY CLAWSON
Approved the 18th day of October 1870
W.C. SMITH Clerk C.C.P. of Warren County
The court therefore order adjudge and decree that said land be sold at private sale upon such notice as is required on sale of land an execution upon the following terms to wit: Cash in hand and this cause is continued for report of sale and afterwards to wit: on the 17th day of October 1871 the same being the second judicial day of the October Term of said Court for 1871 aforesaid held as aforesaid and before the Honorable Judge aforesaid the following proceedings were had herein to wit:Comes now said administrator and on motion files his report duly sworn to showing to the court that he did on the 25th day of November 1870 sell the following land at private sale to wit: The east half of the southwest quarter and the west half of the southeast quarter in section eleven {S-11} in township twenty-two {T-22} range seven {R-7} west except five acres out of the southeast corner of the latter tract in all one hundred and fifty five acres more or less to JACOB HANES for the sum of twenty five hundred dollars upon the condition and terms set in the said petition and said petition reads as follows to wit:
IN The Matter of the Estate of
LEWIS COLLYERDeceased
JOHN W. RYAN administrator of the estate of LEWIS COLLYER deceased reports to the court that pursuant to the order of this court made in this case he gave public notice by advertisement in The Warren Republican a weekly newspaper printed and published in said Warren County for four weeks successively beginning on the 27th day of October 1870 and by posting up there such notices in the township where the land is situate a copy of which notice is on file and to which the court is referred that he would sell the land of said decedent and in accordance with said notice he exposed and offered at private sale the land hereafter described and JACOB HANES offered to give the sum of twenty-five hundred dollars upon the condition hereafter set forth which sum was equal to the appraised value of said land and the sum being the highest and best bid received by said JACOB HANES the east half of the southwest quarter and the west half of the southeast quarter of section eleven in township twenty-two range seven west except five acres out of its southeast corner of the latter tract 155 acres more or less in all. The said JACOB HANES now holds a mortgage on said land for the payment of 1800 dollars principal executed by the decedent LEWIS COLLYER in his life time and which sum is a preferred claim and the aforesaid premises being now under lease by the administrator he is unable to deliver possession until the first day of March next said JACOB HANES agrees to accept a deed subject to such lease provided the administrator allow interest on said money secured by said mortgage that is to give to said purchaser a credit upon his purchase the amount equal to the principal and interest of said mortgage up to the first day of March 1872 which amounts to the sum of ? ? ? and he said HANES agrees to pay the tax on said land for 1872 and the administrator is to pay the taxes before that time accrued and after deducting the amount of the principal and interest of the mortgage aforesaid the said purchaser has paid the purchase money all down and is now entitled to a deed under the order of this court. And the undersigned refers to the appraisement on file and prays that the sale may be in all things confirmed.
JOHN W. RYAN Administrator
Subscribed and sworn to before me this 15th day of October 1871
THOMAS F. BRYANT Clerk
Sale of Real Estate
Notice is hereby given that the undersigned administrator of the estate of LEWIS COLLYER deceased will secure bids for the east half of the southwest quarter and the west half of the southeast quarter of section eleven township twenty-two north range seven west in Warren County, Indiana except five acres out of the southeast corner of the last described tract containing in all 155 acres, at the residence of JACOB HANES in Warren Township in said county on and after the 27th day of October instant and until the 25th day of November 1870 when he will sell said lands at private sale to the highest bidder for not less than its full appraised value and the following terms to wit: One third cash in hand, one third in nine months and one third in eighteen months from date of sale. The credit payments to draw interest at the rate often percent per annum the purchaser giving his notes with approved security waiving relief from valuation and appraisement laws. A deed under the order of court to be executed on full payment of purchase money.
JOHN W. RYAN Administrator
And the court being satisfied that said sale has been in all respects fair and regular do approve and confirm said sale and order said administrator to make and execute to the purchaser a good and sufficient deed in pursuance of law and comes now said administrator and on motion files his deed duly executed and acknowledges the execution thereof in open court and the court examine and compare the same with the papers in the cause and being satisfied therewith do approve and confirm the same and endorsectionapproved thereon and said deed reads as follows to wit:
Administrators Deed
I JOHN W. RYAN Administrator of the Estate of LEWIS COLLYER deceased as such administrator by order of the Common Pleas Court of Warren County in the State of Indiana entered in Order Book No. 7 of said county on page – Convey to JACOB HANES SR. of Warren County in the State of Indiana for the sum of twenty-five hundred dollars the following real estate in Warren County in the State of Indiana to wit:The East half of the Southwest quarter and the west half of the Southeast quarter of Section Eleven {S-11} in Township Twenty-two {T-22} Range Seven {R-7} West excepting five acres out of the Southeast corner of the latter tract making in all conveyed by this deed One hundred and fifty-five acres {155} more or less. In witness whereof the said JOHN W. RYAN Administrator as aforesaid has hereunto set his hand and Seal this 18th day of October 1871.
JOHN W. RYAN Seal
State of Indiana
Warren County ss
Before me THOMAS F. BRYANT Clerk of the Warren Circuit Court in and for said County this 18th day of October A.D. 1871 personally came JOHN W. RYAN Administrator of the Estate of LEWIS COLLYER and as such administrator acknowledged the execution of the annexed deed.
Witness my hand and official seal
THOMAS F. BRYANT Clerk
HENRY C. JOHNSON Deputy
Examined and approved Oct. 18, 1871
JNO. M. LARUE Judge
NOTE from transcriber in transcribing Lillia daughter of Lewis Collyer the spelling could be off in one place it looks more like Lettia Collyer.
Vikki IrelandTranscriber
More Replies:
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Re: Lewis Collyer Probate Records - - Warren Co. Indiana
Wade Collier 10/19/03