Patterson
vs
Patterson

Shelby Circuit Court

Box 307

William Patterson, Admin
       Estate of  Joel L. Paterson
VS
Emazette Patterson  et al

Petition to sell real Estate to pay debts


Filed January 7, 1889     
                        Thomas S. Jones Clerk

Disposed of March Term 1889 
Order Book 34 page 102     1020

                                Hord & Adams Attys

~ ~ ~ ~ ~


State of Indiana Shelby County SS
William Patterson  administrator of the Estate of Joel L. Patterson deceased Plaintiff
        VS
Emazette Patterson,  Arthur Patterson,  Scott Patterson,  Walter Patterson,  Louis Patterson,  William Patterson Jr. Defendants

            Said Administrator shows to the Court that heretofore towit on the 2nd day of October 1888  Joel L. Patterson departed this life in Shelby County Indiana intestate the owner in fee simple of the following described Real Estate in Shelby County, Indiana towit:
            Beginning at a point 17 chains and 25 links South of the North West corner of the west half pt the North east quarter of Section 23 in Township 11 North in Range 6 East and running thence South 9 chains and 54 links—Thence East 20 chains & 18 links to the East line of said tract, Thence North 9 chains and 54 links and thence West 20 chains & 18 links to the place of beginning. Said tract containing 19.25 acres Except 8 acres off of the entire North side of said tract and also except 9 acres off of the entire South side of said tract, the said decedent at his death being the owner of 2.25 acres more or less of said tract first above described.
            That this petition is the duly qualified and acting administrator of said Joel L. Patterson Estate.  That said Emazette Patterson is the widow of said decedent and that the residence of the above named defendants are the sole children and all minors & not under guardianship, except William Patterson Jr. who is of full age.  That said widow owns the undivided one third part in value in fee simple of said Real Estate and said children are the owners of the residue thereof subject to the debts of said decedent.
            That there are no leins against said lands to petitioners knowledge except the taxes thereon.  That said the undivided 2/3 part of said Real Estate is worth in the opinion of this petitioner the sum of $112.50.  That the personal Estate of decedent amounts to $____ as shown by the inventory thereof the sale of the personal property not taken by said widow amounting the sum of $382.62.  That there have been filed and are pending unallowed claims against said Estate amounting to the sum of $91.96 and there are outstanding claims due from said Estate amounting to at least the sum of about $4000 including expenses of said trust.  That said widow is claiming and is entitled to $500 of said Estate, as her statutory allowance as widow of said decedent.
            That by reason of the premises said Personal Estate is insufficient to pay the debts of said decedent and the said 2/3 of said Real Estate should be sold to make assets to pay said indebtedness.
            Wherefore petitioner prays the Court to order the sale of said 2/3 interest in said Real Estate at private sale, without notice for cash and for such other orders as the Court shall deem proper in the premises.
William Patterson        

            Subscribed and sworn to this January 5” 1888                     Ed. K. Adams     Notary Public


~ ~ ~ ~ ~

Appraisement


William Patterson Admr.
            VS
Emazette Patterson et al
Filed March 8, 1889       T. S. Jones Clerk

Shelby County Circuit Court                                     March Term 1889

            The undersigned show that they have been appointed to appraise the Real Estate hereinafter described. That they are disinterested freeholders of Shelby County Indiana. That said Real Estate is located in said County and described as follows towit: The undivided 2/3 part of the following Beginning at a point 17 chains and 25 links South of the North West corner of the West half of the North East quarter of Section 23 in Township 11 North in Range 6 East and running thence South 9 chains and 54 links. Thence East 20 chains and 18 links to the East line of said Tract. Thence North 9 chains and 54 links Thence West 20 chains & 18 links to the place of beginning containing 19.25 acres Except 8 acres off of the entire North side of said tract and also except 9 acres off of the entire south side of said tract.
            We appraise said 2/3 part at the amount of $75.00 as having a fair valuation of said Real Estate.
Redding Doran         Gilbert Phillips        

            Subscribed and sworn to this 8” day pf March 1889.         Ed K. Adams     Notary Public

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Proof  of  Publication

State of Indiana         Shelby County SS:
            Before me Chas. Sprague this day personally came W. S. Ray, who being duly sworn according to law, says he is the proprietor of THE SHELBY DEMOCRAT, a weekly newspaper of general circulation, printed and published in the city of Shelbyville, Shelby county, Indiana, and that the notice of which is a true copy is hereunto attached, was published in said paper on the 15 day of Nov 1888, and once each week for four weeks successively thereafter.
W. S. Ray        
            Subscribed and sworn to before me this ___ day of ____ 188_
Chas. T. Sprague     Notary Public        

~ ~ ~ ~ ~

Guardian Ad Litem

William Patterson Admr of Joel Patterson Estate
               VS
Emazette Patterson et al
Answer by Guardian ad litem         A. F. Wray Gdn.
Filed March 8, 1889     T. S. Jones Clerk 

            Comes now Albert F. Wray guardian ad litem for Arthur Patterson, Scott Patterson, Walter Patterson and Louis Patterson infant defendants herein and for said minors denies each allegation of Plaintiffs complaint and asks the Court to require strict proof in said cause.
Albert F. Wray   Guardian ad litem for said infants        

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Report of Sale


William Patterson Admr &c
              VS
Emazette Patterson et al
Report of Sale     Order Book 34 page 194
Approved L. J. Hackney Judge
Filed March 29, 1889     T. S. Jones Clerk

The State of Indiana                                         Circuit Court
Shelby County                                                 March Term 1889

            The undersigned William Patterson as Administrator of the estate of Joel L. Patterson deceased would represent and show to the Court that in pursuant to the order of the Court granted in this cause to sell the following real estate in Shelby County Indiana subject to the rights of the widow of said Patterson to the one third then of towit Beginning at a point 17 chains and 25 links south of the North west corner of West half of the North East quarter of Section 23 in Township 11 North of Range 6 East and running thence South 9 chains & 54 links thence East 20 chains and 18 links to the East line of said tract. Thence North 9 chains and 54 links and then West 20 chains 18 links to the place of beginning, containing 19.25 acres except 8 acres off of the entire North side of said tract, and also except 9 acres off of the entire south side of said tract there being in said tract 2.25 acres more or less. That said 2/3 was appraised at $75 And that in pursuance to the order of the Court we sold said lands to Emazette Patterson for the full appraised value thereof and for Cash which she has fully paid.
            Your Administrator would ask the Court to approve this his report and that he be fully authorized to execute to the purchaser a deed therefore.
William Patterson            
Subscribed and sworn to before me this March 28th 1889.       K. M. Hord     Notary Public

Transcribed by Barb Huff

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