Phebe  Dewitt
vs
Heirs  of  Peter  Dewitt

Petition for Dower

Dewitt  VS  Dewitt
Common Pleas Box 2 
Report of Commissioners 1843


Phebe Dewitt
        VS
Heirs of Peter Dewitt
Petition for Dower
Commissioners Jacob Kennerly Henry T. Gaines Thos. H. Flemming
Filed Novr 15th 1842 S. B. Morris Clk

 
State of Indiana Probate Court of Shelby County
Shelby County SS:                                               November term 1842
                    To the honorable William H. Sleeth Judge of the Probate Court aforesaid
Your Petitioner Phebe Dewitt of said County respectfully represents that on the [---] day of
[----] in the year 184[-] that one the Peter Dewitt late of said County deceased departed this life intestate Seized in fee simple of as and to the West half of the South west quarter of Section 17 Township 13 N of Range Eight East and fifty acres off the South part of the East half of the South west quarter of Section 17 Township 13 N of Range 8 E leaving  William Dewitt,  Hiram Dewitt,  Elizabeth Rice wife of  Michael Rice,  Isaac Dewitt,  Westly Dewitt,  Hallaster Dewitt, Nancy Dewitt, his children and  William Baxter,  James Baxter  and  Phebe Baxter his grandchildren and your Petitioner his Widow his only of next of kin & heirs him surviving your petitioner therefore prays your honorable Court to appoint three disinterested persons Commissioners to assign and set over to your petitioner her dower or one third part of the said real Estate and your petitioner does pray.
Phebe Dewitt        


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Messrs Kennerly Gaines Fleming Commrs
Returnable 2nd Monday Feby 1843

Shelby County Indiana January 17th 1843
                Personally appeared Before me Stacy Stephens a Justice of the peace for said County Jacob Kennerly and Thomas H. Fleming two of the Commissioners herein named and was duly sworn that they would faithfully and truly discharge their duty as said Commissioners given under my hand and seal this day and date above written given under my hand and seal this 17th day of January 1843
Stacy Stephens Justice of the Peace       (SEAL)     



State of Indiana Probate Court
Shelby county SS November Term AD 1842

Pebe Dewitt
       VS
Heirs of Peter Dewitt Decd                                                      
Petition for assignment of dower
                Come the parties by their said petitioner by Major her attorney and files her petition herein and the said Petitioner makes and files proof of publication as required by law which proof is satisfactory to the Court and the premises being seen it is ordered and adjudged and decreed by the Court now here that said Jacob Kennerly Henry T. Gaines & Thomas H. Fleming are appointed Commissioners of this Court to assign and set over to the said Phebe Dewit her Dower of in and to the real estate of which the said Peter Dewitt died Seized Towit the West half of the South West quarter of Section 17 Township 13 N 8 East 50 acres of the South part of half of the South west quarter of same Section Township and Range. And said Commissioners are ordered to make report herein as required by law at the Next Term of this Court And this Cause is continued.
Copy Teste             Sylvan B. Morris Clerk S C
 
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Phebe Dewitt
       VS
Heirs of P. Dewitt
Report of Commr     Box 2
Filed Febry 27” 1843     S. B. Morris Clk

Shelby County State of Indiana
                To the Honorable Probate Court of Shelby Court the undersigned Commissioners appointed at the November Term of your Honorable Court to set over the Dower of Phebe Dewitt of in and to the real estate of Peter Dewitt Deceased late of said County after having been duly sworn proceeded as directed By said order to assign and set over the said Phebe Dewitt her full third of said real estate     TOWITT
                Beginning at the South East Corner of the West half of the South West quarter of  Section 17 Town 13 Range 8 East  thence north thirty poles thence west forty poles thence north forty poles thence west forty poles south South seventy poles thence East Eight poles to the place of Beginning making Twenty five acres and also fifteen acres of the whole width of the south part of the east half of the south west quarter of the above named section as her full third part of in and to the real estate of said Peter Dewitt given under our hand and seals this 27th day of February 1843
James Kennerly                 Thos. H. Fleming (SEAL)
                2 Days each claimed

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Be it remembered that on the 15” day of November 1842 personally appeared in open court Stephen Major who being duly sworn on his oath says this notice hereto attached was duly published in the Indiana State Sentinel a weekly newspaper printed and published in Indianapolis Indiana three weeks successively the last of which began on the 20 days before the first day of this time towit On the 23rd & 30th of Aug & 6th of Sept 1842.
                                                                    Stephen Major

Sworn to and subscribed in open Court this 15 day of November 1844         S. B. Morris

Transcribed by Barb Huff

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