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HIRAM ANDERSON Probate papers

Source: Boone County Indiana Probate Records

Book K pg 287-295. Filed 19 September 1853

Pleas before the Honorable Jeremiah C. Dougherty, sole judge of the Court of Common Pleas of Boone County Indiana at a term of said court held at the Court House in the Town of Lebanon on the 28th day of April in the year of our Lord one thousand eight hundred and fifty six.

Petition to sell Real Estate to pay debts:

Thomas F. Anderson Administrator of Hiram Anderson deceased

Vs.

Naomi Elliott, William Anderson, Mary Jane Bennett, Nancy Furgeson, Rachael Bennett, Hannah Lewis, Eliza Bolby, Hiram B.

Anderson, Martha Chase and Joseph M. Anderson heirs at law of Hiram Anderson deceased,

Be it remembered that heretofore to wit on the 19th day of September AD 1853 said administrator filed in the office of the Clerk of the Court of Common Pleas of Boone County

on vacation of said court their petition , their petition in the above entitled cause which said petition is in the records and ( ) following to wit:

Petition

The undersigned Administrator of the estate of Hiram Anderson deceased would represent to the Court of Common Pleas of said County that the personal Estate of the deceased amounts to three hundred and seventy one dollars, thirty three cents, $371.33, and that the amount of claims against the same including the widows portions of said Estate, to which she is entitled, and that amounts to the probable sum of four hundred and thirty five dollars, $435.00 leaving sixty four dollars $64 of indebtedness over the value of the personal Estate. That the decedent died the owner in fee simple of the West half of the South West quarter of section thirteen in Township No. 20 North Range one West and also part of the North half of the South

East quarter of Section fourteen in Township twenty north of Range one West. That lies on the East side of the State Road leading from Frankfort to Lebanon ------in all eighty two acres of land situate in the county of Boone and State of Indiana of the present value if twelve hundred and thirty dollars. $1230.00. That the decedent left as his heirs his widow, Mary Anderson and Naomi Elliot, William Anderson, Thomas F. Anderson, Mary Jane Bennett, Nancy Ferguson, Rachael Bennett, Hannah Lewis, Eliza Bolby, Hiram B. Anderson, Martha Chase and Joseph M. Anderson children and heirs of said deceased, all of whom are over twenty one years of age, except the said Joseph M. Anderson who is a minor aged nineteen years, who are all the heirs of the decedent. (Known to your petitions) they therefore ask for an order to sell such Real Estate at private sale subject to widows right of dower therein, Thomas F. Anderson, Administrator.

Subscribed and sworn to before me the 19th day of December 1853. W.C. Rise, Clerk.

The following page contains an affidavit of Henry Hill, publisher and editor of the Boone County Pioneer, a weekly newspaper verifying the printing and posting of a notice to creditors in the newspaper first published the 21st day of December AD 1853.

The Court appoints A. O. Nelson Guardian ad litem for Joseph M. Anderson who is under the age of 21 years. And the Guardian now files his answers: The Guardian ad litem answering says he knows nothing of the matters in issue in said cause, and therefore submits his ( ) and these interests to the care and protection of the Court.

The Administrators now file an Inventory and Appraisement of the Real Estate of said deceased:

We Milton Hopkins and George Hall swear that we will truly appraise the Real property of Hiram Anderson deceased as shown to us.

Subscribed and sworn the 26th day of January 1854.

Appraisal amount submitted for the 82 acres was $830.00.

Administrators, Thomas F. Anderson and Mary Anderson are required to post bond of $1640 for the sale of said Real Estate with surety, to the acceptance and appraisal of the court, which bond is in the records and figures following to wit:

"Know all men by these presents that we, Mary Anderson, Thomas F. Anderson, Isaac Bennett and John J. Elliott are come unto the State of Indiana in the sum of Sixteen hundred and forty dollars to pay which we jointly and severally bind ourselves, our heirs, executor and administrators. Sealed and dated the 28th day of January 1854. Administrators are ordered to sell the named Real Estate of Hiram Anderson, deceased.

Approved the 28th day of January 1856., W.C. Rise, Clerk.

The Court then empowers Mary Anderson and Thomas F. Anderson, administrators, to sell at private sale the described Real estate, subject to the widows right of dower therein, for a price and sum not less than the appraised sum.

At the April term, 1856, appeared Administrator Mary Anderson, who reports in an affidavit that she has not received any money whatever belonging to the Estate since her appointment, and that she has no other property in her possession belonging to said Estate, and that the Administration has been conducted principally by Thomas F. Anderson, her co-administrator. And at this time Mary Anderson files her resignation as administratrix and asks to be discharged from any further duties as such.

At the January term 1856, Thomas F. Anderson reports that he has sold the described Real Estate to Jacob M. Wood for the sum of Eight hundred and twenty dollars, $820.00, subject to the widows rights therein. Five hundred dollars paid in hand and the residue secured by taking the purchasers note with William Bennett surety payable May 1st 1856.

At the April 1856 term, administrator Thomas F. Anderson appeared and reported that he has received full payment for the Real Estate, and that the purchaser, Jacob M. Wood is entitled to a Deed of Conveyance. Deed is made and executed by Henry Shannon, a commissioner appointed by the Court. (The full deed and title is here spelled out).

Signed and sealed the 29th day of April 1856.

Final settlement is made the 30th day of April 1856.

Thomas F. Anderson reports a full accounting of the assets of the Estate at $1216.99. Disbursements for payment of debts claims and expenses were $693.40. leaving a balance of $523.56 for distribution to the heirs.

The court accepts the amount to be held until the next court term for distribution at that time. No further papers are available that give the amounts paid to each individual heir.