George  W.  Rapp
 vs
Sarah Kuhn, et al.
SHELBY CIRCUIT COURT
PROBATE BOX 430
No. 2084

Petition  to  Mortgage  Real  Estate
~ ~ ~ ~
George W. Rapp    Admin of Estate of  Adam Kuhn
         VS
Sarah Kuhn et al
Petition to Mortgage Real Estate
Filed May 14" 1896 J. W. Powers Clerk

            Now come the parties and by their agreement this cause is submitted to Court for trial and termination, and the Court finds that there are now debts due and against said estate to the amount of $700, including a mortgage, for the sum of $300, in favor of the Mutual Loan and Savings Association, which is a prior lien on Lot No 21, on the North West corner of Noble and Jackson Streets, in the City of Shelbyville, in the State of Indiana of which the decedent,  Adam Kuhn,  died seized in fee simple, without leaving any will directing the disposition of said property, nor leaving any children, father or mother, and leaving as his only heir at law  Sarah Kuhn,  as his widow, who is the owner of all the real estate belonging to said Adam Kuhn subject to Two Thirds thereof to be made liable to the payment of the indebtedness of the said estate.
            That the personal property of the said estate is not sufficient to pay the indebtedness thereof, and two thirds of said real estate is liable for sale to pay the indebtedness of said estate, amounting in the aggregate the sum of $300, and the said George W. Rapp as the Administrator of the estate of the said Adam Kuhn, is hereby authorized, to negotiate a loan and execute a mortgage to secure the payment thereof therefore in a sum not exceeding $400, the note to be executed by said Sarah Kuhn and the Mortgage to be executed by the Administrator as junior to and subject to the said mortgage of the said Mutual Loan and Savings Association and the said property by the order of the court, and by the mutual agreement of all the parties, plaintiff & defendant, is hereby charged the payment of said indebtedness.
            That said money shall be paid into the hands of said Administrator for the purpose of paying and discharging the indebtedness of said estate, and it is further adjudged and decreed by the Court that in addition to said Mortgage security the person furnishing said money, shall have and hold, an equitable lien upon said real estate to the extent of the money so furnished said Administrator, subject to the rights of said Mutual Loan and Savings Association



Shelby County SS
State of Indiana                            In The Circuit Court
May Term 1896

George W. Rapp Admr. of the Estate of Adam Kuhn dec’d
           VS                                    Petition to Mortgage Real Estate
Sarah Kuhn et al

            Mutual Loan and Savings Association of Shelbyville Indiana
Your petitioner, George W. Rapp administrator of the Estate of Adam Kuhn, respectfully shows to the Court that in the matter of settlement of the estate of Adam Kuhn deceased late of said county, your petitioner has sold the personal property, not taken by the widow, at private sale, at its appraised value of Four Hundred Dollars, as per order of the Court, and has received said amount therefore in cash: That there are debts now due against said estate to the amount of Seven Hundred dollars, including a mortgage against the real property of said estate to the amount of Three hundred dollars, held by the Mutual Building and Loan Association, that after applying the Four Hundred dollars received from the sale of the personal property heretofore mentioned to the payment of said indebtedness, there will still remain three hundred dollars due and unpaid; that there are no other liens against said real estate. And your petitioner would further show, that the said Adam Kuhn died leaving no child nor children, and had neither father nor mother living at the time of his said demise; that his widow, the said Sarah Kuhn is the only person having any title in or claim to said property, personal and real, except the just claims of his said credits against said property That said real estate is valued at fifteen hundred dollars, and is described as follows to wit:
Lot No. 21 on the North West corner of Noble and Jackson streets in the City of Shelbyville, Shelby County Indiana; That the said widow, Sarah Kuhn, wishing to save the real property from sale to pay said indebtedness, desires that a Sum sufficient to pay the balance of said indebtedness be borrowed from the Dayton Mutual Building and Loan Association and a mortgage be placed thereon to secure the payment of said amount to said Association, thereby enabling her to carry and discharge said indebtedness without loss and thereby enabling your petitioner to pay debts and make settlement in said estate; And your petitioner herein asks the Court for an order to borrow three Hundred dollars from said Dayton Building and Loan Association of said City of Shelbyville and to execute a mortgage on the said real estate to said Association to secure the payment of the same for the purposes aforesaid.


State of Indiana
Shelby County SS:
            George W. Rapp administrator of the estate of Adam Kuhn deceased being duly sworn says that the matters and things set forth in the foregoing petition are true in substance and in fact.
George W. Rapp        
Subscribed and sworn to before me this the 14’ day of May 1896
                Lee F. Wilson Notary Public             Wilson & Thompson Atty for Admr
 

WAIVER OF NOTICE


            The defendant herein, Sarah Kuhn, being of lawful age, hereby consents to the order of the Circuit Court, of said County, being granted to mortgage said real estate described in petition of the above entitled cause, to the Dayton Building and Loan Association, to secure money to pay debts against said estate. Said defendant herein waives all service of notice of the pendency of said petition.
            This May the 14 1896                 Signed Mrs. Sarah Kuhn
--------------------------------------------------------------------


DEFENDENTS WAIVER OF NOTICE

The defendant The Mutual Loan and Savings Association of Shelbyville, Indiana hereby consents to the order of the Circuit Court of said County subject to the rights of said defendant and herein waives all service of notice of the pendency of said petition. This May 25, 1896 Hord & Adams Ed H. Chadwick for Deft

Transcribed by Barb Huff

Civil Records Index       Main Page