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Chancery Record Petition for Partition John Slifer, Guardian for Susanna Whetstone, an Idiot Vs. Mary Whetstone and Others Peter Whetstone, ID0400 Estate Crawford County, Ohio 1842 |
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Chancery Record,
Vol. 2, page 159-173. John Slifer Guardian of Susanna Whetstone,
ID4040 (an Idiot) vs. Mary Whetstone and others. 1842, Court of
Common Pleas, Crawford County, Ohio. Doc4923.pdf - Document Images: Doc4923.pdf (28 PDF Pages) - Document Images: Scanned from 8.5 x 14 pages received from Crawford County Common Pleas Court - Doc4923-Document-Images-(From8.5x14Copies).pdf - (15 pdf pages) - Transcription: Doc4923-Transcription.pdf (12 PDF Pages) - =============================================== To see the original Images: 1. Click on the Thumbnails at the right which will open in a new window 2. Click on the Document Images link which is all the pages in one PDF file - which will open in an new window To see the Transcription in one PDF file - click the transcription link at the right ====================================================== |
Cast of Characters: - |
Adams, Franklin (Attorney for
John Slifer, Guardian of Susanna Whetstone, ID4040) Bash, Barbara, ID6822 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035) Bash, Jacob, ID6817 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035) Bash, John, ID6820 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035) Bash, Mary, ID6821 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035) Bash, Peter, ID4046 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035) Bash, Samuel, ID6824 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035) Bash, Susanna, ID6823 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035) Bowen, Ozias - Judge of Common Pleas court 1837-1851 (Link: https://crawfordcocpcourt.org/history-of-the-court-of-crawford-county/) Chambers, Elias - (Deceased July 1842) PDF Page 10, Line 11 Charlton, John - deeded land (Neighbor of Peter Whetstone, ID0400)- PDF Page 4, Line 11 - PDF Page 10, Line 33 - Elden, John I. Deputy Clerk, Crawford County, Ohio Fisher, William PDF Page 17, Line 4 (Guardian for Infant defendants) Harper, James S. - Sheriff of Crawford County Jones, M. I. PDF Page 12, Line 9 Lauck, George - PDF Page 18, Line 8 (Commissioner) Knisely, Samuel - Associate Judge, Common Pleas Court McCollough - Sheriff, Crawford County, Ohio Mendenhall, John Deputy Clerk Mentzer, Elizabeth Whetstone, ID4043 (Daughter of Peter Whetstone and wife of Samuel Mentzer) Mentzer, Samuel, ID4069 (Son of Elizabeth Whetstone and Samuel Mentzer) Merriman, Willis, Deputy Clerk (Name: Bk3373, p 182) Musser, Adam, ID (Child of Catherine Whetstone, ID4038 and Adam Musser, ID4037) Musser, Eleanor, ID4088 (Child of Catherine Whetstone, ID4038 and Adam Musser, ID4037) Musser, Jacob, ID4087 (Child of Catherine Whetstone, ID4038 and Adam Musser, ID4037) Musser, Mary, ID4085 (Child of Catherine Whetstone, ID4038 and Adam Musser, ID4037) Musser, Peter, ID4086 (Child of Catherine Whetstone, ID4038 and Adam Musser, ID4037) Myers, Samuel - PDF Page 18, Line 8 (Commissioner) Reed, George, ID4062 (Husband of Carherine Bash, ID4061, daughter of Mary Whetstone and Jacob Bash) Rowse, Zalmon. Clerk of Common Pleas (Name: Bk3373, p 182) Sarwill, Jabez B. - Master Commissioner in Chancery of Common Pleas Court, Crawford County, Ohio Simmons, William Fitz - PDF Page 18, line 8 - Surveyor of Crawford County (PDF Page 23, Line 1) (Commissioner) Slifer, John - Guardian of Susanna Whetstone, ID4040, an Idiot Stackman, Peter - PDF Page 3, line 10 Strough, John G., of Crawford County, Witness - PDF Page 9, last Line - Administrator of John Whetstone Estate Taylor, Andrew - Associate Judge, Common Pleas Court Welch, Hugh Associate Judge, Common Pleas Court Whetstone, Daniel, ID4041 (Son of Peter Whetstone) Whetstone, Jacob, ID0396 (son of Peter Whetstone) Whetstone, John, ID0394 (Son of Peter Whetstone), My Ancestor Whetstone, Mary Stine, ID4022 (Widow of Peter Whetstone) Whetstone, Peter, ID439 (Son of Peter Whetstone) Whetstone, Samuel, ID4042 (Son of Peter Whetstone) Whetstone, Susanna, ID4040 (daughter of Peter Whetstone) |
Page 159 | Petition for Partition |
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PDF Page 1: July Term A.D. 1842 Record Page 159 Petition for Partition John Slifer Guardian of Susanna Whetstone (an Idiot) Vs. Mary Whetstone Jacob Whetstone Peter Whetstone Daniel Whetstone Samuel Whetstone John Whetstone Samuel Mentzer & Elizabeth [Whetstone] Mentzer is wife George Reed and Catherine [Whetstone] Reed, his wife John Bash, Peter Bash, Mary Bash, Barbara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Adam Musser, Mary Musser, Peter Musser & Others Be it remembered that heretofore to wit on the ninth day of July in the year of our Lord one thousand Eight hun- dred and thirty nine, John Slifer, Guardian of Susanna Whetstone (an idiot) Petitioner, by Franklin Adams Esquire his attorney, filed in the office of the Clerk of our Said Court of Common Pleas his petition in Chancery against Mary Whetstone, Jacob Whetstone, Peter Whetstone, Daniel Whetstone, Samuel Whetstone, John Whetstone, Samuel Mentzer yeo, & Elizabeth Mentzer his wife, George Reed and Catherine Reed his wife, John Bash, Peter Bash, Mary Bash, Barbara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Adam Musser, Mary Musser, Peter Musser, Jacob Musser and Eleanor Musser which is in the words and figures following to wit, "To the Honorable the Court of Common Pleas of Crawford County in the State of Ohio ??? Petitioner John Slifer of said County of Crawford guardian of the person and property of Susanna Whetstone who by an inquisition has before his Honor Samuel Knisely one of the Associate Judges of said Court at the Courthouse |
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July Term A. D. 1842 Record Page 160 in said County on the 30th October 1838 in pursuance of the first section of the act to provide for the safe keeping of Idiots lunatics or Insane persons the management of their affairs and for other purposes passed March 9, 1838 was found to be an Idiot & would represent to your honor that he recd his said appointment from Your Honor at the April term of said Court 1839 that he accepted the trust has been duly qualified and has given said conditioned for the faithful discharge of his duties as such guardian as then and there required by said Court. That the said Susanna's Wholly incapable of taking care of herself that she has children who are in their infancy & helpless and that the said Susanna has not property whatever except her interest in the real estate owned by Peter Whetstone her late father at the time of his death. Your petitioner further represents that on or about the 4th June 1836 the said Peter Whetstone departed this life seized in fee of the east half of the northwest quarter of section twenty two in township two south in range seventeen containing eighty acres & of a part of the north East quarter of said section containing three acres it being forty rods from north to south and twelve rods from east to west and situate in the north west corner of said north east quarter all of which is situate in Crawford County aforesaid - That the said Peter Whetstone died intestate leaving besides the said Susanna one of his heirs at law Mary Whetstone his relict and widow who resides in Richland County, Ohio and who is entitled to dower in said premises and the following children who according to the Statutes of descent and distribu- tion would each be entitled to one ninth part of said premises to wit Jacob Whetstone, Daniel Whetstone, Elizabeth in- termarried with Samuel Mentzer & John Whetstone a minor who reside in Crawford County of record, Peter Whetstone of Hardin County Ohio and Samuel Whetstone of Miami Co., and also the following grand children Catherine in termarried with George Reed, John Bash, Mary Bash, Peter Bash, Barbara Bash, Jacob Bash, Susanna Bash and Samuel Bash children and heirs at law of Mary Bash decd, who was a daughter of said Peter Whetstone decd & who according to the statutes of descents and distribution would be entitled to ??? jointly one ninth of the interest in said premises. All of who reside in Crawford County aforesaid the last five of whom are minors, And also Mary Musser, Peter Musser, Jacob Musser and Eleanor Musser children and heirs at law of Catherine Mus ser, who was a daughter of said Peter Whetstone decd, all of whom reside in Crawford County aforesaid are minors and according to the Statutes of descent and distribution would be entitled to take jointly one ninth part of the interest in said premises, which said widow and heirs of the said Peter Whetstone decd, Your Orator prays may be made defendants to this petition. Your petitioner further represents that during the life time of the said Peter Whetstone to wit on the 20th October 1830 or there about the said Peter Whetstone made advancements to sundry of his said children which according to the express understanding and consent of all parties concerned was to be accounted for at the death of the said Peter Whetstone and were by the parties for whom benefit the same were made to be ?? into a ??? just before they cou ld be entitled to a distribution share of the property both real and personal which should be left by said Peter Whet- stone at his death, as follows to wit. By deed hearing date the said 20 October 1838 he conveyed in fee to the said Mary Bash (then living) and the heirs of her body the east half of the south east quarter of section fifteen township two sought range seventeen situate in Crawford County aforesaid and also gave the said Mary the sum of thirty dollars besides the sum of money and other property by deed bearing date the said 20 October 1830, with the knowledge and consent and at the PDF Page 3: request of the said Catharine Musser (Then living) he conveyed in fee to one Adam Musser (Who orator prays may also be- made party deft to this petition) the then ash land of the said Catharine the west half of the south east quarter of section fif- teen aforesaid and also gave the said Musser the sum of thirty dollars, on the same terms, besides other sums of money and other property by deed hearing date the said 10 October 1830 he conveyed in fee to said Peter Whetstone, his son the west half of the south west quarter of section twenty there in the township aforesaid containing eighty acres. And also gave the said Peter the sum of forty dollars besides other sums of money and other property by deed bearing date of the said 20th October 1830 he conveyed in fee to said Jacob Whetstone the east half of the south west quarter of section twenty two in the township aforesaid containing eighty acres and also gave the said Jacob the sum of thirty dollars besides other sums of money and other property on the said 20th October 1830 he purchased the west half of the north east quarter of section fifteen afore said containing eighty acres of one Peter Stackman and paid a full consideration therefor and at the request and with the consent of the said Daniel Whetstone the said Peter Whetstone procured the said Peter Stackman to convey said prem ises to said Daniel Whetstone in fee by deed bearing date of the said 20th October 1830 and he also then and |
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July Term A D. 1842 Record Page 161 there gave the said Daniel the sum of ten dollars besides other large sums of money & other property. And on the said 20th Oct ober 1830 the said Peter Whetstone decd. gave the said Samuel Whetstone the sum of eighty two dollars and thirty five cents besides other and divers large sums of money and other property. All of which said conveyances deeds of give and donations were advanced to the said donors as aforesaid by said Peter Whetstone Decd. And your petitioner charges that that at sun dry times during the life time of the said Peter Whetstone decd, the said Peter made donations to the said Mary Catha rine Jacob Peter Daniel and Samuel of which your orator prays a discovery from the said money. Your petitioner fur ther represents that on or about the 31st March 1836 the said Samuel Whetstone and Elizabeth his wife by deed of quit claim of that date conveyed all their interest in the said East half of the north west quarter of section twenty two in township two south in range seventeen and also the said part of the north east quarter of said section containing three acres is being forty rods from north to south and twelve rods from east to west and situate in the north west quarter of said north east quarter to one John Charlton, that on or about the 4th October 1836 the said Charlton & Elizabeth his wife by deed of quit claim of that date conveyed all their interest in said premises to the said Jacob Whetstone. That on or about the first January 1837 the said Daniel Whetstone and Esther his wife by deed of quit claim of that date conveyed all their interest in said premises to the said Jacob Whetstone. That on or about the 4th February 1837 the said Peter Whetstone (Son of the Said Peter Whetstone Decd) and Susanna his wife by deed of quit claim of that date conveyed all their interest in said premises to the said Jacob Whetstone. That on or about the 28th February 1837 the said George Reed and the said Catharine his wife by deed of quit claim of that date conveyed all their interest in said premises to the said Jacob Whetstone. That on or about the 28 February 1837, the said Samuel Mentzer and Elizabeth his wife by deed of quit claim of that date conveyed all their interest in said premises to the said Jacob Whetstone and that on or about the 24 February 1838 the said Mary Whetstone widow of the said Peter Whetstone decd, by deed of quit claim of that date conveyed all her interest in said premises to the said Jacob Whetstone. Petitioner represents that the said Jacob Whetstone is entitled to receive all the interest in said premises which in equity belonged to the Mary Whetstone widow of said Peter Whetstone decd, and of the said Peter Whetstone (Son), Daniel Whetstone, Samuel Whetstone, Elizabeth inter tmarried with Samuel Mentzer and Catherine intermarried with the said George Reed. Your petitioner prays that a writ of subpoena may issue to each of said defendants commanding them under a penalty to answer under their Corporal oaths to all the matters and things herein contained and that on the hearing of this petition he prays that the interest of the said Susanna Whetstone his ward in the said real estate may be ??? to her and sold for the purpose of raising funds to supply the immediate necessities of the said Susanna Whetstone and her children and your petitioner further prays for such further other and different relief in the ??? as to your Honor may see to meet and proper and as in duty bound will ever pray & C Franklin Adams Atty for Petitioner And thereupon the following Subpoena in Chancery issued from the Clerks Office aforesaid, directed and delivered to the Sheriff of our said County to wit. The State of Ohio, Crawford County SS to the Sheriff of the County aforesaid Greetings: We com mand you that you summon Jacob Whetstone, Daniel Whetstone, John Whetstone, Samuel Mentzer & Elizabeth Mentzer his wife, George Reed and Catharine Reed his wife, John Bash, Peter Bash, Mary Bash, Barbara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Adam Musser, Mary Musser Peter Musser, Jacob Musser and Eleanor Musser to appear before the judges of our Court of Common Pleas at the Court House on the 20th day of November next to answer a petition PDF Page 5: in Chancery exhibited against them and others by John Slifer Guardian of Susanna Whetstone an idiot and this they shall in no wise omit under the penalty of one thousand dollars, and have you then there this wit. Witness my hand and the seal of our said Court this 9th day of July A. D. 1839. E. Rowse Clerk by John Mendenhall Dept. And afterwards to wit at the November Term of our said Court A. D. 1839. Came the Sheriff (by his Deputy) to whom the aforesaid writ was directed and delivered and made return of the same with the following endorsement thereon to wit, Served this writ on all of the within named defendants by leaving a certified copy of this writ with each of them Sept 28 1839. ??? Deputy Shff and also the following subpoena in Chancery was issued to the Sheriff of Miami County to wit, The State of Ohio, Crawford County, SS to the Sheriff of the County of Miami Greeting - We command you that you summon Samuel Whetstone to appear before the judges of the Court of Common Pleas at the Court House on the 25th day of November next to answer a petition in Chancery Exhibited against him and others by John Slifer Guardian of Susanna Whetstone an idiot and this |
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Record Page 162 July Term A.D. 1842 he shall in no wise omit under the penalty of one thousand dollars. and have you then there this writ, witness my hand and the seal of our said Court this 9th day of July A.D. 1839. E. Rowse Clerk by John Mendenhall, Dep And afterwards to wit at the November term o four said Court A.D. 1839 ??? The Sheriff of Miami County to ??? the aforesaid Writ was directed and delivered. Made return thereof with the following endorsement thereon to wit "I delivered unto the Def named in this writ a copy of said writ the 28th day of August 1839, Thos D. F??? Sheriff of Miami County, Ohio, And also the following Subpoena in Chancery was issued to the Sheriff Hardin County to wit "The State of Ohio, Craw ford County, SS, To the Sheriff of the County of Hardin Greeting: We command you that you that you summon Peter Whetstone appear before the Judge of our Court of Common Pleas at the Court House on the 25th day of Novem ber next to answer a petition in Chancery exhibited against him and others by John Slifer Guardian of Susanna Whetstone an idiot and this he shall in no wise omit under the penalty of one thousand dollars and have you then there this writ. Witness my hand and the seal of our said Court this 9th day of July A.D. 1839. E. Rowse Clerk by John Mendenhall, Dep And afterwards to wit at the term of our said Court last aforesaid, the Sheriff of Hardin County to whom the aforesaid writ was directed and delivered, made return thereof with the following endorsement thereon to wit "The within defendant not found in the county Sept 16th A.D. 1839 And Also the following subpoena in Chancery was issued to the Sheriff of Richland County to wit "State of Ohio, Crawford County, SS. To the Sheriff of the County of Richland Greetings. We command you that you summon Mary Whetstone to appear before the Judges of our Court of Common Pleas at the Court House on the first day of their next term to answer a petition in Chancery Exhibited against her and others by John Slifer Guardian of Susanna Whetstone an idiot and the She shall in on wise omit under the penalty of one thousand dollars, and have you then there this writ Witness my hand and the seal of our said Court this 9 day of March A.D. 1839. E. Rowse, Clerk And Afterwards to wit at the March term of our said Court A.D. 1840 the Sheriff of Richland County to whom the above subpoena was directed and delivered made return thereof with the following endorsement Theron to wit "State of Ohio Richland County SS - Re this writ March 10 1840 and on the 14th day of March 1840 I served the same on Mary Whetstone by sending and serving with her a true certified copy of this writ John McCollough, Sheriff And afterwards to wit at the term of our said Court last aforesaid, this cause was continued until the next term of this court And afterwards to wit at the June Term of our said Court A.D. 1840 this cause was continued until the next term of said court And afterwards to wit at the November Term of our said Court A.D. 1840 this cause was continued until the next term And afterwards to wit on the 6th day of April A.D. 1841 the said Peter Whetstone filed his answer in the words and figures following to wit John Slifer Guardian of Susanna Whetstone an idiot vs Mary Whetstone, Jacob Whetstone, Peter Whetstone & others in Common Pleas Crawford County Ohio Petition for Partition And the said Peter Whetstone here Waves the issuing and Service of process and enters his appearance on this suit and for answer to the said Petition says that the matters and things therein set forth are true in substance and in fact and that he has no objections that the said Court should at their PDF Page 7: next term grant to the petitioner the relief by his sough and will as such other relief as Justice and equity applied to the facts of the case may seem to require. Witness present Franklin Adams - Peter Whetstone (His Mark) And afterwards came William Fisher Guardian Ad Litem for the infant defendants and filed his answer in the words and figures following to wit "John Slifer Guardian of Susanna Whetstone an idiot vs. Mary Whetstone & others William Fish er Guardian Ad Litem for the infant defendants John Whetstone, Peter Bash, Barbara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Mary Musser, Peter Musser, Jacob Musser and Eleanor Musser comes and for plea to the petition filed in the suit says that of the matters and things therein contained he knows nothing and that the said infant de fendants being of tender ages he places them under the protection of the Court and prays that no fact effecting their in terests be allowed against them without full proof William Fisher Guardian Ad Litem for the infant defendants John Whetstone, Peter Bash, Barbara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Mary Musser Peter Musser, Jacob Musser & Eleanor Musser. And afterwards to wit at the April Term of our said Court A.D. 1841 this cause was continued under advisement And afterwards to wit at the June term of our said Court A. D. 1841 it was ordered by the Court that this cause be referred to Jabez B. Sarwill Master Commissioner in Chancery of this Court and that the said Master be author |
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July Term A.D. 1842 Record Page 163 ized to take proofs and be required to report at the next term of this Court particularly upon the following points 1st the value of each lot if any conveyed by Peter Whetstone Decd. to each of the Defendants by way of an advertisement the value to have reference to the time of the conveyance, and also what other if any advancements were made by the said Peter Whetsto ne to the Defendants. 2nd the present value of the lands which the said Peter Whetstone decd signed. 3rd the amount in value of any property which is now owned by the said Susanna Whetstone and thereupon on motion of the Court by Mr Adams Council for the petitioner it is ordered that a dedimus potestatem issue in this cause to take the depositions of sundry persons in the town of Bucyrus in this County to be directed to Jabez B. Sarwill, Master Commissioner of this Court and it is further ordered -that the defendants within ten days file with the Clerk of this Court the name of an agent res ident in said County to whom notice of the time and place of executing said dedimus potestatem maybe given and it is further ordered that the service of such notice upon each agent three days previous to the execution of said dedi mus shall be deemed good service upon the defendants and it is further ordered that if the ??? fail to file with the Clerk the name of each agent by the time aforesaid in the words and figures following to wit "John Slifer Guardian of Susanna Whetstone an idiot vs. Mary Whetstone & others. In Com Pleas Crawford County Ohio Petition for Partition the heirs at law of Peter Whetstone deceased late of said County hereby certify that it is our wish that entire partition be made of the lands of which the said Peter Whetstone decd seized Oct 21, 1841 Jacob Whetstone Samuel Mentzer Elizabeth Mentzer Peter Bash Mary Bash PDF Page 9: And afterwards to wit on the 21st day of October in the year A.D. 1841 a dedimus potestatem issued from the Clerks Office of our Court aforesaid which read in the Words and figures following to wit "The State of Ohio, Crawford County SS: To Jabez B. Sarwill Master Commissioner in Chancery of the Court of Common Pleas of said County Greetings. Know you that we in Confidence of your prudence and fidelity here appoint you and by these presents do give to you full power and authority to examine and take the positions of witnesses in a certain Chancery cause pending in our Court of Common Pleas within and for the said County of Crawford, wherein John Slifer Guardian of Susan Whetstone an idiot is plaintiff and Mary Whetstone and others are defendants. And therefore we command you that at cer tain days and places to be appointed by you, the agent of the plaintiffs having due notice of the time and place of taking the same if the said plaintiffs shall name such agent residing in said County of Crawford and serve upon the attorney of said John Slifer Guardian of the said Susan Whetstone memorandum of the name and res idence of each agent, that you cause such witnesses as may be required by the said John Slifer or his agents to be brought before you, and then and there examine each of them on their separate and respective corporal oaths first taken before you and that you reduce such examination to writing and return the same together with the writ closed up under your seal into our said Court with all convenient speed. Witness Jabez B. Sarwill Clerk of said Court, and the seal of said Court of Common Pleas this 21st day of October 1841, J. B. Sarwill clerk The execution of this Commission appears in certain schedules hereunto annexed Jabez B. Sarwill, Master Commissioner. And thereupon on the same day certain depositions were taken which read in the words and figures following to wit: Depo sitions of Witnesses produced sworn and examined on the twenty first day of October A.D. 1841, at the Court House in the town of Bucyrus at the Office of the Clerk of the Court of Common Pleas before Jabez B. Sarwill, Master Commissioner in Chancery, by virtue of a Commission issued from the Court of Common Pleas of Crawford County in the State of Ohio, to me directed for the examination of witnesses, in a certain Chancery cause pending in said Court wherein John Slifer Guardian of Susanna Whetstone, an idiot, is plaintiff and Mary Whetstone, Jacob Whetstone, Peter Whetstone, Daniel Whetstone, Samuel Whetstone, John Whetstone, Samuel Mentzer and Eliz abeth Mentzer his wife, George Reed and Catharine Reed his wife, John Bash, Peter Bash, Mary Bash, Bar bara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Adam Musser, Mary Musser, Peter Musser Jacob Musser and Eleanor Musser are respondents. John G. Strough of Crawford County in the State of Ohio |
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Record Page 164 July Term A.D. 1842 being produced sworn and Examined on behalf of the Plaintiff deposes and says, I was acquainted with Peter Wh etstone decd mentioned in the petition filed in this cause, He has been dead some five years. I was acquainted with his family. The paper here with exhibited marked A and attached to this deposition gives a correct statement of the heirs of the said Peter Whetstone. The names of his children were Jacob, Peter, Samuel, John, Daniel, Elizabeth, Catha rine, Susanna and Mary. The said Elizabeth is intermarried with Samuel Mentzer, the said Catharine was intermarried with Adam Musser. She is dead and left four children named Mary, Peter, Jacob and Eleanor. the said Mary was intermarried with Jacob Bash. She is dead and left eight children, named Catharine who is now intermarried with George Reed, John, Mary, Peter, Barbara, Jacob Susanna and Samuel. I acted as Adminstra tor of the said Peter Whetstone decd, and have made final settlement. Among the papers which fell into my hands as Administrator was the one hereto attached marked B which was represented to me by the widow of the decd as being a memorandum made out by Elias Chambers now decd at the ??? and request of the said Peter Whetstone in his life time for the purpose of showing the advancements he had made to sundry of Children. A few weeks after the death of the said Peter Whetstone the time the personal property of the Estate was appraised the Children being all present. (this was foregoing to the death of Catharine and Mary) I exhibited this memorandum and read the contents in the presence and hearing of the whole of them. They all assented to its correctness and admitted it to be good evidence the fol lowing advancements had been made by the said Peter Whetstone up to the 29 March 1833. To wit to the said Ma ry Bash $130.00. To the said Catharine Musser 133.00. To the said Jacob Whetstone 130.00. To the said Peter Whetstone (son) 140.00. To the said Daniel Whetstone 110.00. To the said Samuel Whetstone 32.85. It was generally understood in the neighborhood that the above named children to whom advancements were made with exception of Samuel had received a large part of what they got on land. In the distribution of the personal Es tate made by me, an equal division was made without reference to what any of them had received by way of advance ment. I have lived and still live about one mile from the farm of which Peter Whetstone died seized during the last fif teen years, and consider the said farm subject to the dower Estate of the said Mary Whetstone to be worth at the present time twelve hundred and fifty dollars. The said Susanna Whetstone received an equal dividend with the other heirs of the personal property of the Estate of Peter Whetstone decd, which was between fourteen and fifteen dollars. This was about three years ago she has not other property to my knowledge. The said Susanna had two illegitimate children, they both died two or three months ago. I am of the opinion from my knowledge of the situation of the property that if the interest of the said Sus anna be sold without partition there will necessarily be a great sacrifice. At the time of the appraisment of the personal property above referenced to all of the Children of the said Peter Whetstone decd whose names appear on exhibit marked B were men and women over twenty one years of age in the year 1830, ??? lands in the neighborhood of the farm of which Peter Whetstone decd seized (are worth their Entrance which was one dollar and twenty five cents per acre. John G. Strough John Charlton of Crawford County in the State of Ohio being produced sworn and examined on behalf of the Plaintiff deposes and says I have lived for the last 13 years on land adjoining the farm of which Peter Whetstone decd mentioned in the petition filed PDF Page 11: in the case decd ???. I was well acquainted with him and his whole family. The above statement contained in the deposi tion of John G. Strough in reference to the family connections of the said Peter Whetstone decd is correct. Sometime about the year 1832 I had a conversation with the said Peter Whetstone deceased in reference to his lands, which he said he had entered for his children as their portion of his property. I enquired of him whether he had written receipts from those children to whom he had given land he said he had not. I then told him if he did not take receipts, that when he died, they would come in with the children to whom he had given nothing for the equal share of the Home farm. He replied that he would make out papers to present that. I know that Jacob Bash and Mary his wife, Adam Musser & Catharine his wife, Jacob Whetstone, Peter Whetstone and Daniel Whetstone respectively took poss ession of the lands mentioned in the petition filed in this cause. These are the same lands about which the said Peter Whetstone & myself were conversing. These lands were then unimproved and were worth one hundred dollars each. There was a plenty of land in the neighborhood for entry at that time at that price. I was present at the apprais ment of the personal property of the Estate of Peter Whetstone decd, and saw Mr. Strough produce the paper |
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A.D. 1842 Record Page 165 attached to these depositions & Marked B and heard him read it to the children of Peter Whetstone, all of whom were present. They each admitted that they had received advancement as stated in that paper. The conveyances for these lands were not executed until the grantees were over twenty one years of age. I see the farm of which Peter Whetstone died seized pretty much every day and consider it now worth twelve hundred and fifty dollars subject to the dower Estate of the said Mary Whetstone. In the conversation above refereed to Peter Whetstone decd informed me that he had allowed his children, for whom he had purchased lands to make the selections to suit themselves and that he then went and entered the land he selected. John Charlton I Jabez B. Sarwill Master Commissioner in Chancery do hereby certify that the above named John G. Strough and John Charlton were by me sworn to testify the truth the whole truth and nothing but the truth and that the foregoing depositions by them res pectively subscribed were reduced to writing by M. I. Jones and were taken at the time and place mentioned above Bucyrus Oct 21st 1841 Jabez B. Sarwill, Master Commissioner Exhibit "A" [A diagram (Family Descendant chart) showing the children of Peter Whetstone including the children of the deceased daughters Catharine and Mary) Names Listed: Row 1: Peter Whetstone and Mary Whetstone Row 2: Daniel Whetstone, John Whetstone, Samuel Whetstone, Peter Whetstone, Jacob Whetstone, Elizabeth Mentzer, Catharine Musser, Susanna Whetstone, Mary Bash (Connected to Peter Whetstone and Mary Whetstone) [Note: Mary was NOT the mother of these children, she was Peter's second wife] Row 3: Eleanor Musser, Jacob Musser, Peter Musser, Mary Musser (Connected to Catharine [Whetstone] Musser) Row 4: Samuel Bash, Susanna Bash, Jacob Bash, Barbara Bash, Peter Bash, Mary Bash, John Bash, Catharine Reed (connected to Mary [Whetstone] Bash, daughter of Peter Whetstone) PDF Page 13: Exhibit "B" March the 29th 1833 Mary Whetstone Dr. to Peter Whetstone to one hundred and thirty dollars it being so much of his Estate. March the 29th 1833 Catharine Whetstone Dr to Peter Whetstone to one hundred and thirty three dollars it be ing so much of her Estate. March the 29th 1833, Jacob Whetstone Dr to Peter Whetstone to one hundred and thirty dollars in being so much of his estate. March the 29th 1833 Peter?? Whetstone Junior Dr. to Peter Whetstone to one hundred and forty dollars in being so much of his Estate. March the 29th 1833 Daniel Whetstone Dr to Peter Whetstone to one hundred and ten dollars in being so much of his Estate. March the 29th 1833 Samuel Whetstone Dr to Peter Whetstone to thirty two dollars and 85 cents in being so much of his Estate }} And afterwards to wit on the 20th day of October A.D. 1841 Jabez B. Sarwill Master Commissioner filed his report which is in the words and figures following to wit: John Slifer Guardian of Susan Whetstone an idiot vs Mary Whetstone & others In Com Pleas of Crawford County Ohio. In Partition Report of Jabez B. Sarwill Master Commissioner in Chancery to whom this cause was refered at the June Term 1841. From the proofs and exhibits adduced in this cause it appears that on the 30th Oct 1838 and inquisition was had before Samuel Knisely one of the Associate judges of this Court. By virtue of which the said Susanna Whetstone was duly proven to be an Idiot. That at the April Term of this Court 1839 the said John Slifer was duly appointed guardian of the said Susanna and that he was duly qualified & entered upon the duties of said trust That the said Susanna has no property or rights on action other that her interest as heir in the lands of which the said Peter Whetstone her father died seized. that on the fourth of June 1836 the said Peter Whetstone departed this life intestate seized in fee of the tract of land as stated in the petition in this cause filed and that he left the said Mary Whetstone his widow & the other defendants with the said Susanna as his heirs at law. That said Peter Whetstone decd during this life time to wit on the 20th Oct 1830 made sundry conveyances of real Estate to his children by way of advancements as follows. A half quarter section of land in said County to his daughter Mary Bash by way of advan cement to the said Mary, worth at the time one hundred dollars. A half quarter section of land in said County to Adam Musser by way of advancement to his daughter Catharine Musser decd worth at the time one hundred dollars |
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Page 166 July Term A.D. 1842 A half quarter section of land in said County to the said Peter Whetstone son, by way of advancement to the said Peter worth at the time One hundred dollars. A half quarter section of land in said County to the said Jacob Whet stone by way of advancement to the said Jacob worth at the time One hundred dollars. A half quarter section of land in said County to the said Daniel Whetstone by way of advancement to the said Daniel, worth at the time one hundred dollars. It also appears from said proofs and exhibits that up to the 29th March 18 33, the said Peter Whetstone decd, had made sundry other advancements to his children in chattel, property, to wit to the said Mary Bash thirty dollars, to the said Catharine Musser Thirty three dollars, to the said Jacob Whet stone thirty dollars, to the said Peter Whetstone (son) forty dollars to the said Daniel Whetstone ten dollars, & to the said Samuel Whetstone thirty two dollars and eighty five cents. It further appears that the personal property of the said Peter Whetstone Decd has been fully administered upon and that in the distribution of the proceeds thereof each of the heirs of the said Peter Whetstone Decd, received an equal proportion thereof without reference to the advance ment of personal property that had previously been made to sundry of them. The amount for which in the opinion of the undersigned, the heirs of the said Peter Whetstone should be charged with advancements as following to wit Mary Bash Decd, Oct 20, 1830 for lands conveyed to her and her heirs $100.00. Catharine Musser 1830 Oct 20 for lands conveyed to Adam Musser her husband $100.00. Jacob Whetstone 1830 Oct 20 for lands conveyed to him $100.00. Peter Whetstone 1830 Oct 20 for lands conveyed to him $100.00. Daniel Whetstone 1830 Oct 20 for lands conveyed to him $10.00. Amount of advancements $500.00. It further appears from said proofs and exhibits that the said Mary Bash and the said Catharine Musser children and heirs at law of the said Peter Whetstone Decd, have departed this life, leaving the children as representative in the said petition. It further appears from the same proofs and exhibits that on the 31st of March 1836 the said Samuel Whetstone and Elizabeth his wife by deed of conveyance of that date conveyed to the said Jacob Whetstone the interest descended to the said Samuel in the lands of which the said Peter Whetstone died seized. And that on the 31st January 1837 the said Daniel Whetstone and Esther his wife by deed of conveyance of that date conveyed to the said Jacob Whetstone the interest decend ed to the said Daniel in the said lands. And that on the 4th day of February 1837 the said Peter Whetstone (son) and Susanna his wife by deed of conveyance of that date conveyed to the said Jacob Whetstone the interest de scended to the sd Peter on the said lands. And that on the 28th day of February 1837 Samuel Mentzer and Eliza beth Mentzer his wife by deed of conveyance of that date conveyed to the said Jacob Whetstone the interest de scended to the said Elizabeth in the said lands. And that on the 28th day of February 1837 the said George Reed and Catharine his wife by deed of conveyance of that date conveyed to the said Jacob Whetstone the interest descended to the said Catharine by way of her deceased mother Mary Bash daughter of said Peter Whetstone decd. And that on the 24th February 1838 the said Mary Whetstone by deed of conveyance of that date conveyed to the said Jacob Whetstone her right of dower in the said lands. It further appears that the present value of the real estate PDF Page 15: of which the said Peter Whetstone died Seized as twelve hundred and fifty dollars. From all of which it appears that the relative proportions of the interests of the said defendants in the said real Estate are as follows. That is to say 1st Jacob Whetstone his son share after deducting the advancements made to him $94.44. Catharine Reeds share after deducting the advancements made to her mother 11.80 Samuel Whetstone " 194.44 Daniel Whetstone Shares after deducting the advancements made to him 94.44 Peter Whetstone " 94.44 Eliza Mentzer Share " 194.44 $684.00 2. Susanna Whetstone Share $194.45 3. John Whetstone " 194.45 4. John Bash 11.81 5. Mary Bash 11.81 6. Peter Bash 11.81 7. Barbara Bash 11.81 -------------- Amt carried over $436.14 |
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July Term A.D. 1842 Record Page 167 Amt of the shares of those to whom advancements had been made $684.00 Amount Brot over $436.14 8. Jacob Bash 11.81 9. Susanna Bash 11.81 10. Samuel Bash 11.81 11. Mary Musser 23.61 12. Peter Musser 23.61 13. Jacob Musser 23.61 14. Elenor Musser 23.61 566.00 Total Value of Real Estate $1250.00 The fractional shares of each are as follows 1. Jacob Whetstone beside the dower of Mary Whetstone 684.00/ 1250.00 2. Susanna Whetstone Share subject to dower 194.45/ 1250.00 3. John Whetstone " do 194.45/ 1250.00 4. John Bash " do 11.81/ 1250.00 5. Mary Bash " do 11.81/ 1250.00 6. Peter Bash " do 11.81/ 1250.00 7. Barbara Bash " do 11.81/ 1250.00 8. Jacob Bash " do 11.81/ 1250.00 9. Susanna Bash " do 11.81/ 1250.00 10. Samuel Bash " do 11.80/ 1250.00 11. Mary Musser " do 23.61/ 1250.00 12. Peter Musser " do 23.61/ 1250.00 13. Jacob Musser " do 23.61/ 1250.00 145. Eleanor Musser " do 23.61/ 1250.00 PDF Page 17: All of which is respectfully submitted October 25th 1841 J. B. Sarwill Master Commissioner --- And afterwards to wit at the October term of our said Court A.D. 1841 on motion to the Court by Mr Adams Counsel for the petitioner it is ordered that William Fisher be appointed guardian ad litem for the said infant defendants, John Whetstone, Peter Bash, Barbara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Mary Musser, Peter Musser, Jacob Musser and Eleanor Musser and there upon the said William Fisher appeared in open Court accepting said appointment and filed his answer as such Guardian ad litem. And afterwards to wit at the term of said Court last aforesaid, the cause came on to be heard on the petition the answer of William Fisher Guardian ad litem of said infant defendants the answer of Peter Whetstone, the Master Commissioners report and the proof and exhibits adduced in the cause by the plaintiff. The Court having examined said Bill answers report and the proofs and exhibits and being fully advised in the premises do find that the acts all eged in said petition are true as there stated that the dower of the said Mary Whetstone in the said premises has been conveyed to the said Jacob Whetstone and that the respective shares of the defendants in said pr emises subject to said Dower are as follows to wit: 1st Jacob Whetstone subject to the dower Estate aforesaid 684.00/ 1250.00 parts 2nd Susanna Whetstone Share subject to said Dower Estate 194.45/ 1250.00 " 3rd John Whetstone " 194.45/ 1250.00 " 4 John Bash " 11.81/ 1250.00 " 5 Mary Bash " 11.81/ 1250.00 " 6 Peter Bash " 11.81/ 1250.00 " 7. Barbara Bash " 11.81/ 1250.00 " |
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Record Page 168 July Term A.D. 1842 8 Jacob Bash Share Subject to Sd Dower Estate 11.81/ 1250.00 Parts 9. Susanna Bash " 11.81/ 1250.00 " 10. Samuel Bash " 11.80/ 1250.00 " 11. Mary Musser " 23.61/ 1250.00 " 12. Peter Musser " 23.61/ 1250.00 " 13. Jacob Jusser " 23.61/ 1250.00 " 14 Elenor Musser " 23.61/ 125000 " Therefore it is ordered that by the oaths of William Fitz Simmons, George Lauck and Samuel Myers on full and eq ual third part of the lands in said petition described be assigned and set off to the said Jacob Whetstone as the dower Estate of said Mary Whetstone and that by the like oaths of the said William Fitz Simmons George Lauck and Samuel Meyers partition be made of said lands subject to said dower Estate on the following pro portions to wit. One sixty-eight thousands and four hundred one hundred and twenty five thousandths parts, and to the said Susanna Whetstone nineteen thousand four hundred and forty five one hundred and twenty five thou sandths parts and to the said John Whetstone nineteen thousand four hundred and forty five one hundred and twenty five thousandths parts. and to the said John Bash eleven hundred and eighty one one hundred and tw enty five thousandths parts. and to the said Mary Bash eleven hundred and eighty one one hundred twenty five thousandths parts. And to the said Peter Bash eleven hundred and eighty one one hundred and twenty five thousandths parts and to the said Barbara Bash eleven hundred and eighty one one hundred and twenty five thousandths parts. and to the said Jacob Bash eleven hundred and eighty one one hundred and twenty five thousandths parts. and to the said Susannna Bash eleven hundred and eight one one hundred and twenty five thousandths parts. And the to the said Samuel Bash eleven hundred and eighty one hundred and twenty five thousandths parts. and to the said Mary Musser twenty three hundred and sixty on one hundred and twenty five thousandths parts. And to the said Peter Musser twenty three hundred and sixty one hone hundred and twenty five thousandths parts. And to the said Jacob Musser twenty three hundred and sixty and one hundred and twenty five thousandths parts. and to the said Elenor Musser twenty three hundred and sixty one one hundred and twenty five thousandths parts. And it is further ordered that a writ of Partition issued to the Sheriff of Crawford County Commanding him to cause said dower to be assigned and said partition to be made accordingly PDF Page 19: And there upon on the first day of December A.D. 1841 a writ of Partition issued from the Clerk office of our said Court aforesaid, which reads in the following words and figures to wit: The State of Ohio Crawford County SS To the Sheriff of said County Greeting. Whereas at a Court of Common Pleas of said County October Term thereof to wit on the 29th day of October A.D. 1841 the following order was made by said Court to Wit John Slifer Guardian of Susanna Whetstone an idiot vs Mary Whetstone and other Petition for Partition This cause came on to be heard on the petition the answer of William Fisher Guardian ad litem of said infant defendants, the answer of Peter Whetstone the Master Commissioner report and the proof and exhibits adduced in the cause by the plaintiff. The Court having examined said Bill answers report proofs and exhibits and being fully advised in the premises do find that the facts alleged in said petition are true as there stated. That the dower of the said Mary Whetstone in the said premises has been conveyed to the said Jacob Whetstone and that the respective shares of the defendants in said premises subject to said dower are as follows to wit. 1st Jacob Whetstone subject to the dower Estate aforesaid 684.00/ 1250.00 parts 2nd Susanna Whetstone Share subject to said Dower Estate 194.45/ 1250.00 " 3rd John Whetstone " 194.45/ 1250.00 " 4th John Bash " 11.81/ 1250.00 " 5th Mary Bash " 11.81/ 1250.00 " 6th Peter Bash " 11.81/ 1250.00 " |
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Record Page 169 July Term A.D. 1842 7th Barbara Bash Share Subject to Sd Dower Estate 11.81/ 1250.00 Parts 8th Jacob Bash " 11.81/ 1250.00 " 9th Susanna Bash " 11.81/ 1250.00 " 10th Samuel Bash " 11.80/ 1250.00 " 11th Mary Musser " 23.61/ 1250.00 " 12th Peter Musser " 23.61/ 1250.00 " 13. Jacob Jusser " 23.61/ 1250.00 " 14 Elenor Musser " 23.61/ 125000 " Therefore it is ordered that by the oaths of William Fitz Simmons, George Lauck, and Samuel Myers one full equal third part of the land in said petition described be assigned and set off to the said Jacob Whetstone the dower of said Mary Whetstone and that by the like oaths of said William Fitz Simmons, Georg Lauck and Samuel Myers partition be made of said land subject to the Dower Estate in the following Proportions to wit. One sixty eight thousandth and four hindered one hundred and twenty five thousandth parts. And to the said Susanna Whetstone nineteen thousand four hundred and forty five one hundred and twenty five thousandth parts. And to the said John Whetstone nineteen thousand four hundred and forty five one hundred and twenty five thousandth parts. And to the said John Bash eleven hundred and eighty one one hundred and twenty five thousandths parts. And to the said Mary Bash eleven hundred and eighty one one hundred and twenty five thousandths parts. And to the said Peter Bash eleven hundred and eighty one one hundred and twenty five thousandths parts. And to the said Jacob Ba sh Eleven hundred and eighty one One hundred and twenty five thousandths parts. And to the said Susanna Bash eleven hundred and eighty one one hundred and twenty five thousandths parts. And to the said Samuel Bash Eleven hundred and eighty one on hundred and twenty five thousandths parts. And to the said Mary Musser twenty three hundred and sixty one, one hundred and twenty five thou sandths parts, and to the said Peter Musser twenty three hundred and sixty one one hundred and twenty five thousandths part. And to the said Jacob Musser twenty three hundred and sixty one one hundred and twenty five thousandths parts. And to the said Eleanor Musser twenty three hundred and sixty one one hundred and twenty five thousandths parts. And it is further ordered that a writ of partition issued to the Sheriff of Crawford County commanding him to cause said dow er to be assigned and said partition to be made accordingly. PDF Page 21: The land mentioned in said petition is described as follows to wit: the east half of the north west quarter of section twenty two in township two (2) south of range seventeen (17) situate in said County and containing eighty acres be the same more or less. And also a part of the north east quarter of said section twenty two (22) containing three acres it being forty rods from north to south and twelve rods from east to west & situate in the north-east corner of said north East Quarter. You are therefore hereby commanded to proceed according to law to have said dow er assigned and partition made as in the foregoing order mentioned and your proceedings in the premises you distinctly certify under you hand to the next term of said Court. Witness Jabez B. Sarwill Clerk of said Court and the seal of said Court this first day of December A.D. 1841 J. B. Sarwill, Clart By John I Elden, Deputy Clerk and afterwards to wit (Marked Out) |
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Record Page 170 July Term A.D. 1842 And afterwards to wit on the 7th day of April A.D. 1842 the Commissioners report was filed in the office of the Clerk of our said Court which is as follows to wit: (A plat of the land) Section 212 township 2 South of Range 17 Lot No.1/ Dower, 23 acres Lot No 2/ 60.11 Acres Plat of lands belonging to the Estate of Peter Whetstone deceased showing the disposition made thereof by William Fitz Simmons, Samuel Myers and George Lauck Commissioners by notice of a writ of Petition issued 1st Dec 1841 by the Clerk of the Court of Common Pleas of Crawford County Ohio. PDF Page 23: Field notes of the survey made by William Fitz Simmons. Surveyor of Crawford County Ohio, on the 22nd day of March 1842 of the lands belonging to the Estate of Peter Whetstone decd. Divided into Lots 1 & 2 as exhibited by the above plat, the north east corner of each lot is the starting point. Lot No. 1 Lot No. 2 S. 87 deg W i1.92 Poles S 87 deg W 80.08 Poles S 3 deg E 40.00 poles S 3 deg E 119.88 poles N 87 deg E 92.08 poles N 87 deg E 8.32 poles N 3 deg W 40.00 poles N 3 deg W 120.00 poles Containing 23 acres Containing 60.11 acres Assigned to Jacob Whetstone in the dower estate of Mary Whetstone Not divisible but the whole including lot No 1 app??/ subject to dower at one thousand dollars I hereby certify the above field notes & plat to be correct & true as surveyed by me as above stated the 22nd March 1842 Wm Fitz Simmons Surveyor CCO John Slifer Guardian of Susanna Whetstone, an idiot vs Mary Whetstone & Others Partition in Com Pleas Crawford County, Ohio We the commissioners appointed in this cause to assign to Jacob Whetstone the dower Es tate of Mary Whetstone widow of Peter Whetstone late of said County decd. in the real es tate described in the petition filed and the writ of partition issued in this cause and also make partition of the same lands subject to said dower estate between the per sons for that purpose named in the said writ of partition. Having been duly S?? upon actual view of the |
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Record Page 171 July Term A.D. 1842 premises do assign to the said Jacob Whetstone as the dower Estate of the said Mary Whetstone so much of said land as is contained in lot one (1) in the foregoing plat and field notes which are here made a part of this report. Said dower estate is bounded as follows to wit: commencing at the north east corner thereof which is a point on the north line of sec tion twenty two in township two south of range 17, twelve rods east of the north quarter post of said section and running thence south 87 deg west 91.92 poles to a post, thence south 3 deg east 40 poles to a post, thence south 87 deg east 92.08 poles to a post, thence north 3 deg west 40 poles to the place of beginning. Containing twenty three acres less or more. And upon fur ther view of the premises we are of the opinion that said lands cannot be divided without manifest injury to the same and there upon we do estimate the value thereof subject to said dower Estate at one thousand dollars. The balance of said lands other than the part in which the said dower Estate is assigned is bounded as follows, commencing at the north east corner there of which is a post on the east boundary line of the west half of said section 40 poles south of the quarter post of said section & running thence south 87 deg west 80.08 poles to a post, thence south 3 deg & 119.88 poles to a post, thence north 87 deg east 80.32 poles to a post thence north 3 deg north 3 deg west 120 poles to the place of beginning containing 60.11 acres less or more Given under our hands this 22nd day of March A.D. 1842 William Fitz Simmons} Samuel Myers} Commissioners George Lauck} PDF Page 25: And afterwards to wit at the April Term of our said Court A.D. 1842 On motion to the Court by Mr. Adams Counsel for the petitioner and upon producing the proceedings of the Sheriff and the report and proceedings of the Commissioners hereto fore appointed and the same being examined it is ordered that said proceedings and report be and the same are hereby approved and confirmed and thereupon neither of the parties electing to take said Estate at the reduction there as returned by said Commissioners on motion of the petitioner it is ordered that said Estate subject to the dower Es tate therein of Mary Whetstone heretofore assigned to Jacob Whetstone be sold at public auction by the sheriff of said county of Crawford according to the statue in such case made and provided. And this cause is continued And thereupon on the 20th day of May A.D. 1842 an order of sale issued from the Clerks Office of said Court which re ads in the words and figures following to wit: The State of Ohio, Crawford County SS. To the Sheriff of said County greeting. Whereas at the April Term of the Court of common Pleas of said County to wit on the 12th day of April A.D. 1842 the fol lowing order was made by said Court to wit. John Slifer Guardian of Susana Whetstone vs. Mary Whetstone & Others Petition for Partition On motion to the Court by Mr. Adams Council for the pe titioner and upon producing the proceedings of the Sheriff and the report and proceedings of the Commissioners hereinbefore appointed and the same being examined it is ordered that said proceedings and report be and the same are hereby approved and confirmed and there upon neither of the parties electing to take said Estate at the valuation thereof as returned by said Commissioners on motion of the petitioner. It is ordered that said Estate subject to the Dower Estate therein of Mary Whetstone heretofore assign ed to Jacob Whetstone be sold at public auction by the Sheriff of said County of Crawford according to the statute in such case made and provided, and this cause is continued. As Appears to us of Record you are therefore hereby commanded that you proceed according to law to sell the following real Estate subject to the dower Estate aforesaid to wit: The east half of the north west quarter of section twenty two in township two (2) south of range seventeen (17) situate in said County and containing eighty acres be the same less or more, and also a part of the north east quarter of said section twenty two (22) containing three acres in being forty rods from north to south and twelve rods from east to west and situate in the north west corner of said north east quarter. And have the money arising from such sale before our said Court on the first day of their next term. And have you then there this writ together with your proceedings in the premises. Witness Jabez B. Sarwill Clerk of said Court at the Court House in Bucyrus in said County this 20th day of May A. D. 1842 J. B. Sarwill, Clerk And afterwards to wit, at the July term of our said Court A.D. 1842, the sheriff to whom the foregoing writ was directed and delivered made the following return thereof to wit "In obedience to the command of this writ on the fourth day of July A.D. 1842 between the hours of 10 oclock am & 4 oclock P.M. of said day at the door of the Court House in Bucyrus in Crawford |
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Record Page 172 July Term A.D. 1842 County Ohio I offered the above described premises for sale by public proclamation & out cry & then and there sold the same to Jacob Whetstone for the sum of six hundred & sixty seven dollars that sum being more than two thirds the app raised value of said premises and the said Jacob Whetstone being the highest & best bidder therefore having previously giv en notice of said time and place of sale by publishing an advertisement a copy of which hereto attached and ma de a part of this return for more than thirty days & four weeks successively in the Democratic Republican Weekly -newspaper printed Published and in general circulation in the said County of Crawford . James S. ???, Shff CCO. Sheriffs Fees: Copy to printer .25 Bondage 13.34. The state of Ohio Crawford County SS Thomas I. Orr ?? of lawful age makes oath & says that a notice a copy of which is hereto attached was published more that 30 days and four weeks succe ssively previous to the 4 July 1842 in the Democratic Republican a weekly newspaper printed published and in general circulation in the said County of Crawford (Printers fee $2.00) Thomas I. Orr Subscribed and sworn to before me this 7th July 1842 I. E Steen J. P. Fees 12 1/2 PDF Page 27: Sheriffs Sale By virtue of an order of sale to me directed from the Court of Common Pleas of Crawford County, Ohio, I shall on the 4th day of July A.D. 1842 between the hours of 10 oclock A.M. and 4 oclock P.M. of said day at the door of the Court House in Said County offer for sale by public proclamation and out cry the following real Estate to wit: The east half of the north west quarter of section twenty two (22) in township two (2) south of range seventeen (17) situate in said County and containing eighty acres less or more, and also a part of the north east quarter of said section twenty two (22) containing three acres it being forty rods from north to south and twelve rods from east to west and situate on the north west corner of said north east quarter. Subject to the Dower Estate therein of Mary Whetstone heretofore assigned to Jacob Whetstone. Said real estate will be sold as belonging to the estate of Peter Whetstone late of said County, deceased. May 30 1841 James S. Harper Sheriff of said County And now to wit, at a Court of Common Pleas begin and held at the Court House in the town of Bucyrus within and for our said County of Crawford, by and before the Honorable Ozias Bowen President Judge and the Hon arable Hugh Welch, Samuel Knisely and Andrew Tailor Associate Judges of the same Court on Monday the Elev enth day of July in the year of our Lord one thousand Eight hundred and forty two. On motion to the Court by Mr. Adams Counsel for the petitioner, and upon producing the proceedings of the Sheriff and the sale by him made in pursuance of a former order of this Court and the same being examined it is ordered that said proceedings be and the same and hereby approved and confirmed and thereupon it appearing that the consideration money of said Estate has been paid by said purchaser into the hands of the Sheriff it is ordered that the Sheriff execute to and deliver to the sa id purchaser a deed in fee simple for said Estate. And it is further ordered that out of the same consideration mon ey the said Sheriff pay the costs and expenses of this suit amounting to seventy eight dollars and seventy cents as part of which is the sum of twenty five dollars allowed to Franklin Adams for his professional services rendered in this suit and that he distribute the residue thereof between the said parties in the following proportions to wit To Jacob Whetstone $320.91 " The guardian of Suasnna Whetstone 91.57 " John Whetstone 91.57 "John Bash 5.56 " Mary Bash 5.56 " Peter Bash 5.56 " Barbara Bash 5.56 " Jacob Bash 5.56 " Susanna Bash 5.56 " Samuel Bash 5.56 " Mary Musser 11.12 " Peter Musser 11.11 " Jacob Musser 11.11 " Eleanor Musser 11.11 $588.30 |
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Record Page 173 At the Court of Common Pleas, begun and held at the Court House in the town of Bucyrus, within and for the County of Crawford in the sate of Ohio. On Monday the ninth day of November in the year of our Lord, one thousand eight hundred and forty. Present, the Honorable Ozias Bowen, President and Hugh Welch, Samuel Knisely and Andrew Tailor Esquires, Associate Judges and James S. Harper Sheriff, and Z, Rowse, Clerk of Said Court |
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