Shelby County Indiana
Estate of
Barbara Fleming
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Estate of
Barbara Fleming
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265
November Term
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Pleas held before the Honorable John Killgore sole judge of the Probate Court of Tippecanoe County in the State of Indiana and at the November Term in the year of our Lord one thousand eight hundred and fifty towit
John C. Fleming
}}
| Guardian of
}} Petition to sell real Estate
| Rachel J. Rifenberick
}}
| Mary E. Fleming
}}
| Hawley H. Fleming
}}
| Joanna P. Fleming
}}
| & John R. Fleming
}}
| |
Be it remembered that at a Term of the Probate Court of Tippecanoe County in the State of Indiana began and held at the Court house in the Town of Lafayette in said County on Monday the fourth day of November in the year of our Lord one thousand eight hundred and fifty being the first Monday in said month before the Honorable John Killgore sole judge and on the Saturday the Sixth judicial day of the same term (being the 9th day of November A.D 1850) Comes John C. Fleming guardian of Rachel J. Rifenberrick Mary E. Fleming Hawley H. Fleming Joanna P. Fleming and John R Fleming and files the following petition towit: State of Indiana Tippecanoe County fs: Tippecanoe Probate Court November Term AD 1850
To the Hon John Killgore judge of said Court Your petitioner John C Fleming guardian of the estate of Rachel J. Rifenberrick aged 19 years wife of William Rifenberrick and of the persons and estates of Mary Elizabeth Fleming aged 13 years Hawley Huffman Fleming aged 10 years Joanna Pifer Fleming aged 5 years and John Rockwell Fleming aged 3 years infant heirs at law of Barbara Fleming late of said County deceased represents to your honor that his said wards are the children of the said Barbara by her marriage with your petitioner that the said Barbara died intestate seized in fee simple of the following described real estate situate in said County viz the South half of lot number eleven (11) and the south half of lot number twelve (12) in the addition to the town of Lafayette laid off by Joseph S Hanna and William F. Reynolds that your petitioner as surviving husband of the said Barbara deceased is the owner of a life interest in said real estate and the remainder thereof became invested in the said minors by descent from their mother the said Barbara deceased That the age of your petitioner is forty one yeas that the said remainder so vested in said minors is yielding nothing to them and it would be for the manifest interest of said minors that their said remainder be sold in as much as in the opinion of our petitioner the value of said remainder can be invested in other property to the manifest advancement of the estate and interest of said minors Your petitioner as guardian as aforesaid therefore prays the court to appoint two discreet persons freeholders of said county to appraise said real estate of said minors and for an order to sell the same pursuant to the Statute in such case made and provided
Pettit & Huff Solrs.
John C. Fleming
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266
November Term
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Tippecanoe Probate Court November term AD 1850.
Personally appeared in open Court John C. Fleming guardian of the minors named in the foregoing petition who after being duly sworn on his oath says the matters contained in said petition are substantially true as he verily believes and further says not etc
| Subscribed & Sworn to November 9, 1850 | }} |
Mark Jones clerk by O K Weakly dep
}} John C. Fleming
| |
| {{ L S }} | In testimony whereof I have hereunto set my hand and affixed the seal of said court at office in Lafayette on this 9th day of November AD 1850. |
Mark Jones clerk by O K Weakly dep
|
The State of Indiana County of Tippecanoe fs:
We the undersigned appraisers duly appointed and sworn to appraise
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267
A D 1850.
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the estate of Rachel Rifenberrick, Mary E. Fleming Hawley H Fleming Joanna P. Fleming and John R Fleming in and to the South half of lots numbers eleven & twelve in Hanna & Reynolds addition to Lafayette do appraise the interest and estate of.
| Rachel Rifenberrick in Lot No Eleven at | 10.94
Rachel Rifenberrick in Lot No Twelve at
| 34.64
Estate of Mary E. Fleming in Lot No Eleven at
| 10.94
Estate of Mary E. Fleming in Lot No Twelve at
| 34.64
Estate of Hawley H Fleming in Lot No Eleven at
| 10.94
Estate of Hawley H Fleming in Lot No Twelve at
| 34.64
Estate of Jonana[sic] P Fleming in Lot No Eleven at
| 10.94
Estate of Joanana[sic] Fleming in Lot No Twelve at
| 34.64
Estate of John R Fleming in Lot No Twelve at
| 10.94
Estate of John R Fleming in Lot No Twelve at
| 34.64
|
| $277.80
| We appraise the fee simple of South half of Lot No 11 at | $150.00
| The fee simple of South half of Lot No 12 at
| 475.00
|
| $675.00
| |
| Robert Heath | }} | |
| Hiram W. Chase | }} | appraisers |
And thereupon said guardian files his additional bond in the penalty of Four hundred and fifty five dollars and sixty cents conditioned according to law with Mark Jones security therein given which bond and security are approved by the Court and which said bond reads in the words and figures following to wit: "Know all men by these presents that we John C. Fleming and Mark Jones are held and firmly bound unto the State of Indiana in the Sum of four hundred and fifty five dollars and Sixty cents for the payment of which we bind ourselves & our heirs this 9th day November A D 1850. The condition of the above obligation is such that whereas the above named John C. Fleming as guardian of the estate of Rachel J Rifenberrick (wife of William Rifenberrick) and of the persons and estates of Mary E. Fleming, Hawley H Fleming Joanna P Fleming and John R. Fleming minor heirs of Barbara Fleming late of Tippecanoe county Ind decd has made application to the Probate Court of said County for an order to sell the interest of said minor in the S1/2 of Lot No 11 the S1/2 of Lot No 12 in Hanna & Reynolds' addition to the Town of Lafayette which interest is appraised at $227.80 And the said Court is about to grant an order for said sale Now if the said John C. Fleming as guardian as aforesaid shall faithfully discharge his duties and shall justly and faithfully apply pay and account for all moneys arising from such sale under the order and direction of said court according to Law
| Taken and approved by the Court this 9th | }} | John C. Fleming | {{seal}} |
| day of November Jno Killgore P.J. | }} | Mark Jones | {{seal}} |
and the Court now empower and authorize this said John C. Fleming as guardian as aforesaid to make sale of the interest and estate of said wards in and to said real estate at private sale at not less than the full appraised value thereof for cash in hand And said guardian is further
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268
November Term
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ordered to apply so much of the money arising from the sale of the estate of said wards in said real estate as may be necessary to the payment of the costs of this proceeding and the Court order that said guardian report said sale to this court at its preset term and day is given.
And afterwards towit: at the term last aforesaid of the court aforesaid before the judge aforesaid and on Tuesday the eighth judicial day of the same term (being the 12th day of November AD 1850) Comes said guardian and files the following report of the sale of the interest of said wards in and to said real estate towit: "State of Indiana Tippecanoe County fs: Tippecanoe Probate Court November term 1850. To the Hon. John Killgore judge of said Court the undersigned guardian of the estate of Rachel J Rifenberrick (wife of William Rifenberrick) and of the persons and estates of Mary E. Fleming Hawley H Fleming Joana P Fleming and John R Fleming minor heirs at low of Barbara Fleming deceased reports that in pursuance of the order of said Court at its present term he as such guardian on this day sold at private sale for cash in hand the interest of said minors in the real estate mentioned in said order being the remainder in fee after the life estate of John C. Fleming aged forty one years in the South half of Lot No 11 and the South half of lot No 12 in Reynolds & Hanna's addition to the town of Lafayette and that Thomas P Emerson became the purchaser of said remainder for the Sum of two hundred and twenty seven dollars and eighty cents and that the said Thomas P. Emerson has made full payment therefor and is entitled to a conveyance of said remainder under the order and direction of the court.
Nov. 12, 1850
John C. Fleming Guardian"
and the court after inspecting said report do in all things approve and confirm said Sale as stated therein by which it appears that Thomas P. Emerson became the purchaser of the interest of said wards to said lands and that he has made full payment of the purchase money therefor and the court order that the said Thomas P. Emerson is entitled to a deed in fee simple for said lands so purchased by him as aforesaid and the Court appoint Samuel A Huff a commissioner to make and execute a deed of conveyance in fee simple to the said Thomas P. Emerson for said lands and comes Samuel A Huff as such commissioner and produces to the court a deed by him made and executed to the said Thomas P. Emerson for said lands so purchased by him as aforesaid which deed said commissioner now in open Court acknowledges to be his act and deed for the uses and purposes therein mentioned and the Court after examining said deed do approve and confirm the same and order that the same be made a part of the record in this cause which said deed reads in the words and figures following towit: "This Indenture made this twelfth day of November AD eighteen hundred and fifty between Samuel A. Huff of the County of Tippecanoe and State of Indiana Commissioner as hereinafter specified of the first part and Thomas P. Emerson of the County and State aforesaid of the second part witnesseth that whereas at the November term AD 1850 of the Probate Court of Said County of Tippecanoe and on the 6th judicial day of the same term one John C Fleming as the Guardian of the estate of Rachel J. Rifenberrick and the persons and estates of Mary E. Fleming Hawley H Fleming Joana P Fleming and John R Fleming minors and heirs at law of Barbara Fleming deceased filed his petition in writing verified by oath in the said Probate Court showing among other things that the said minors were the owners of the remain
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269
A D 1850.
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der in fee simple after the estate for the life of the said John C. Fleming aged forty one years of the following described real estate in said County towit The South half of lot number eleven (11) and the South half of lot number twelve (12) in the addition to the town of Lafayette laid off by Jos. S. Hanna and Wm F. Reynolds and that the value of the said remainder might be invested in other property to the manifest advancement of the estates and interests of said minors whereupon two discreet freeholders were appointed by said Probate Court to appraise said real estate of said minors who after taking an oath to truly and impartially appraise the same which oath was endorsed on the certificate of their appointment appraised said real estate of the said minors at the sum of two hundred and twenty seven dollars and eighty cents which appraisment so made as aforesaid was by the said appraisers on the same day and by the said Court that it would be to the manifest advancement of the estates of said minors to sell said real estate and invest the value thereof in other property and the said guardian was thereupon required to file a bond payable to the State of Indiana in double the value of said real estate of said minors which was done by the said Guardian with good and sufficient sureties approved by the said Court and thereupon it was ordered and decreed by the said Court amongst other things that the guardian should sell said real estate of said minors at private sale for cash in hand at not less than the appraised value thereof and that he make report thereof to the Court at its said term and whereas afterwards on Tuesday the Eighth judicial day of the same term of the Said court the said John C Fleming made his report to said Court setting forth that he had sold the said real estate of said minors at private sale for cash to the said Thomas P. Emerson. and that the said Thomas P Emerson had paid him therefore the full amount of two hundred and twenty seven dollars and eighty.cents being the full appraised value thereof and the amount for which he had so sold where upon it was amongst other things ordered and decreed by said court that said sale be in all things confirmed by the court that the titles of said minors in said real estate be fully vested in the said Thomas P Emerson in fee and that the said Samuel A Huff be and he thereby was appointed a commissioner to convey the same to the said Thomas P Emerson and his heirs and assigns for ever and the said commissioner was ordered to report his deed for that purpose and in that effect to the Court at its said term all of which will more fully and at large appear by reference to the record and proceedings in said Court had upon said petition
Now therefore in consideration of the premises and in pursuance of the order and appointment of said Court aforesaid as well as in consideration of the said Sum of two hundred and twenty seven dollars and eighty cents paid to the said guardian as above specified the said Samuel A Huff as commissioner as aforesaid does hereby grant bargain sell and convey unto the said Thomas P Emerson and his heirs and assigns for ever all the estate of the said minors in and to the South half of Lot number eleven (11) and the South half of Lot number twelve (12) in Hanna & Reynolds' addition to the town of Lafayette being the remainder thereof in
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270
November Term
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fee simple after the life time of John C. Fleming aged forty one years to have and to hold the same to him the said Thomas P Emerson and his heirs and assigns forever freed and discharged from all right title and claim of the said minors or either of them and of all persons claiming by through or under them or either of them.
In witness whereof the said Samuel A Huff as Commissioner as aforesaid has hereunto set his hand and seal on the day and year first above written
Samuel A Huff {{ seal }}
Commisioner[sic]
Commisioner[sic]
"State of Indiana Tippecanoe County fs.
Be it remembered that on this 12th day of November AD 1850. personally came into open Court Samuel A Huff commissioner the grantor named in the foregoing deed and acknowledged the same to be his voluntary act and deed by him executed as commissioner for the uses and purposes therein expressed
| {{ L. S }} |
Witness: Mark Jones Clerk of said Court and the seal thereof affixed at Lafayette this 12th day of November AD 1850 |
| Mark Jones clerk By F. W. Cole dep" |
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Transcribed by Phyllis Miller Fleming from the Tippecanoe County, Indiana, Probate Final Record Book 9, pages 265-270
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