Shelby  County  Indiana
Courthouse  Records

Heirs  of

David  Colglazier

State of Indiana
Shelby County                                              

In the Shelby Common
Pleas Court
Nov term 1871

            The undersigned  Elizabeth Smith  wife of  >Adam Smith   July A Schloer wife of Andrew Schloer   Margaret Rapp wife of Michael Rapp   Thomas I Colclazier [illegible insert - not a name]   Robert Rouse   Nancy Manch [?sp]   Rouse Franklin [looks like Fruelin] Rouse   Patty Rouse, the lawful children of  Hannah Rouse deceased who was a daughter of  Vance Colclazier  dec'd hereafter mentioned and  William O/D Colclazier,   George N/W Colclazier,   James Colclazier, the only lawful children of  Joseph Cloclazier (sic) dec'd who is the lawful son of said  David Colclazier dec'd here in mentioned and they are heirs at law of  David Colcalizer (sic) dec'd Show to the Court that said David Colclazier departed this life intestate on the 24' day of Sept 1871 while a resident of Shelby County Ind and left surviving him the above named lawful children his kins at law and that heretofor about on the 24' day of September 1856 and in the life time of said David Colclazier he purchased from Michael Rapp the following described Real estate situated in Shelby County Indiana to wit the NE1/4 of the SW1/4 of Sec 14 and (?) 13 R 7 E and received from conveying said described tract of land to him from said Rapp of that date a copy of which deed is herewith filed and they the said children and heirs at law of said David Colclazier say that said tract of land was willed and devised to said Michael Rapp by  John Caulkenbaugh  who departed this life on or about the year 1855 and on or about that time executed his last Will and Testament while a res- ident of same County in and by which he Willed and devised to said Michael Rapp the tract of land above described in the presence of and attested by his competent attesting witnesses who signed the same as the true and ??? executor of said Will & at the time of the decease of said Calkenbaugh he was the owner of said tract of land and that by the death of said testator and the fact (?) and effect of said Will said Rapp became the owner of said land and that said Rapp after he became the owner thereof conveyed the same to said David Colclaizer (sic) said dec'd by same deed and by reason of the (?presenses) the said children and grandchildren herein named of said David Colclaizer decd each own an interest in said lands as heirs at law of said David Colclaizer deceased and they say that said Will has never been admitted to probate and they the undersigned children and heirs at law of said David Colclaizer and that Henry Rapp and Rachel Rapp his wife who now reside in Shelby County Indiana have the custody of said Will as they believe and know where said Will is reposited and re- fuse to disclose the whereabouts of said Will wherefore they say that they are interested in said Will and they pray the Court to order that a citation issue requesting said Henry Rapp and Rachel Rapp to produce said Will before this Court at such time as the Court may deem reasonable that the said may be truly proven and for the proper relief
July A Schloer                    
Elizabeth Smith, her mark    
Margaret Rapp, her mark    
Thomas Colclaizer, his mark

            July A Schloer being sworn says that she is informed and believes that the Rachel Rapp mentioned in the above petition knows the whereabouts of the Will --- the foregoing petition described and refuses to make known the whereabouts of said Will. That said will is not in possession of any of the heirs at law of said David Colclaizer decd above named and that said Rachel Rapp refuses to disclose the whereabouts of said will.
July A Schloer    
Subscribed and sworn to before me this 11' day of Nov 1871.
John Elliott Clerk
Transcribed from the estate papers of David Colclasure (sic) dec'd, filebox 99, settled 1874, by Phyllis Miller Fleming. The Rapp's were then cited to produce the will of John Calkenbaugh

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