Estate  of  John  Cotton,
 deceased

Circuit Court 
October Term 1874

357

Thomas Moberly Administrator of 
Estate of John Cotton decd.
VS
Jerusha Bright wife of John Bright, 
Elizabeth Roszell wife of Samuel Roszell, 
Lucinda Cotton, John W. McKay, 
Sarah E. Wicker wife of Tally Wicker, 
Elizabeth Branson, Sarah E. Cotton, 
Elizabeth Cotton, Mary A. Cotton, 
Tandy E. Cotton, David E. Cotton 
& Phebe J. Cotton


Petition for Sale of Real Estate to pay debts

4 Notices given

Order Book 13 
page 110 
filed July 16" 1874

John Elliot Clerk

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State of Indiana                                         In the Shelby Circuit Court
Shelby County 

                    Thomas Moberly  as the administrator of the estate of  John Cotton  decd. Shows to said Court that said decedent died intestate that the personal assets of the estate of said decedent amount to about $191.65   That the debts of the estate & far as they have came to the petitioners knowledge amount to about the Sum of $223.00   Showing an insufficiency of the personal estate to pay debts of said estate of $223.00   that the widow has of said decedent is  Elizabeth Cotton  and that She took as such widow as a part of her statutory allowance $191.65 of the personal property of same estate estates at the appraisement and the residue of the personal estate of said decedent remaining in the hands of your petitioner undisposed of that the decedent John Cotton died the owner in fee simple of the following described Real estate situated in Shelby County in the state of Indiana towit The West half of the North East quarter of Section Sixteen (16) in Township thirteen (13) North Range Eight East except the following tract towit Beginning at the South East corner of the South West quarter of the North East quarter of Section sixteen in Township Thirteen North of Range Eight (8) East and running Thence West Twenty Eight (28) rods Thence North Twelve and one half (12 1/2 ) rods to the place of beginning containing 2 acres and Twenty rods more or less of the probable value of $3000.00  That the decedent left surviving him his said widow Elizabeth Cotton who is as such the owner in fee of the undirected one third part in value of such lands, and the following named children and heirs at law towit  Jerusha Bright  aged 58 years, the wife of  John Bright, Elizabeth Roszell  55 years old who is the wife of John Samuel Roszell, and  Lucinda Cotton  aged 53 years and the following grandchildren & great grandchildren of said decedent who are also his kin at Law towit  John W. McKay  aged 35 years,  Sarah E. Wicker  aged 31 years who is the wife of  Wm. T. Wicker, who are the only living children of  Rhoda McKay  who was a lawful daughter of said John Cotton and also the lawful wife of  Henry McCay[sic] she having departed this life before the decease of said John Cotton and said John Cotton also left surviving him  Elbert M. Branson  aged 10 years, who is the lawful child of  Barbara Branson  who was the lawful daughter of said  Rhoda McCay[sic] and lawful wife of  Landy Levi Branson  She having departed this life before the death of said John Cotton Also the following other grandchildren of said John Cotton deced. towit  Sarah E. Cotton  aged 21 years, Elizabeth C. Cotton  aged 19 years, Mary A. Cotton  aged 17 years  Tandy E. Cotton  aged 15 years &  David E. Cotton  aged 11 years the lawful children of  John W. Cotton  who departed this life before the decease of said John Cotton Senior decd that said decedent also left him surviving the following other grandchildren child towit  Phebe J. Cotton  aged 15 years, the daughter of  Henry Cotton  who departed this life before the death of said John Cotton Sen being all the heirs at law of said John Cotton deceased.
          Wherefore he asks the Court for answer to sell the undivided two thirds part in value of the above described Real estate being all of said Real estate except that part thereof owned by said widow above specified for the payment of all debts owing by said estate and for all other an further proper relief. 
Thomas Moberly


State of Indiana
Shelby County SS

                    Before me John Elliott the Clerk of the Circuit Court within & for Shelby County in the state of Indiana personally appeared Thomas Moberly who offered the foregoing petition who being by me duly and legally sworn on his oath says that the matters and things set forth in said petition he believes are substantially true.
Thomas Moberly

          Subscribed and sworn to before me this 6th day of July 1874
John Elliott     Clerk

Filed November 2nd 1874
John Elliott Clerk


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Proof of Publication of Notice
State of Indiana, County of Shelby, SS:
          Before me Wm. Z. Connor a Notary Public this day personally came  James M. Cumback  John J. Wingate, who, being duly sworn according to law, says he is the publisher of the "Shelby Republican" a weekly Newspaper published at Shelbyville in said County, and that the notice, of which the annexed is a true copy, was published in said paper on the 9th day of July, 1874, and once each week thereafter until the 30th day of July 1874.
John J. Wingate
          Sworn and subscribed to before me, this 2nd day of November 1874
William Z. Connor
N.P.S.C.
Printers fee $6.00


Notice To Heirs Of Petition To Sell Real Estate
State of Indiana, Shelby County
In The Circuit Court
          Notice is hereby given that Thomas Moberly Administrator of the Estate of John Cotton, deceased, has filed his petition to sell the Real Estate of the decedent, his personal being insufficient to pay his debts; and that said petition will be heard at the next term of the Shelby Circuit Court.
Attest:
John Elliott
                       Clerk Shelby Circuit Court
July 9, 1874
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Estate of John Cotton decd
Thomas Moberly Administrator

Additional Bond
Recorded

Filed November 2nd 1874

John Elliott Clk
          Know All Men by these Presents, That we, Thomas Moberly and Thomas A. Cotton are bound unto the State of Indiana in the penal sum of Thirty six hundred Dollars, to pay which we jointly and severally bind ourselves, our heirs, executors and administrators;
          Sealed and dated the 2 day of November 1874
          The condition of the above obligation is, That as the above bound Thomas A. Cotton as Administrator of the estate of John Cotton, deceased, has been ordered by the Circuit Court of Common Pleas of Shelby county, to sell Certain Real Estate of the said estate.
          Now if the said Thomas Moberly will faithfully discharge the duties of his trust according to law, then the above obligation is to be void, else to remain in full force in law.
Thomas Moberly [SEAL]
Thos. A. Cotton [SEAL] 
Approved the 2" day of November, 1874
John Elliott, Clerk
           C.C. of Shelby County

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Thomas Moberly as Admin of John Cotton decd
VS
Jerusha Bright   Wife of John Bright Et al

Ans of Deft           Lucinda Cotton by Jacob Crim her Guard
Filed November 2, 1874 John Elliott Clk.

State of Indiana                     Circuit Court
Shelby County                     Oct Term

Thomas Moberly as Admin of Estate of John Cotton Decd.
  VS
Jerusha Bright wife of John Bright Et al
          Now comes Lucinda Cotton by Jacob Crim her Guardian and for answer to the Plaintiffs Petition herein says that he Specifically denies each and every material allegation contained therein
Lucinda Cotton
                           By Jacob Crim Her Guardian

Circuit Court
Thomas Moberly as Administrator of the Estate of John Cotton decd
VS
Jerusha Bright wife of John Bright Et al
Ans Guard Ad Litem
Filed November 2, 1874 John Elliott Clk.


State of Indiana Circuit Court
Shelby County October Term 1874

Thomas Moberly Administrator of the Estate of John Cotton decd
            VS
Jerusha Bright wife of John Bright, Elizabeth Roszell wife of Samuel Roszell, Lucinda Cotton, John W. McKay, Sarah E. Wicker wife of Tal W. Wicker, Elbert M. Branson, Sarah E. Cotton, Elizabeth Cotton, Mary A. Cotton, Tandy E. Cotton. David E. Cotton & Phebe J. Cotton

          Now comes George M. Wright as guardian Ad Litem of Elbert M. Branson, Elizabeth C. Cotton, Mary A. Cotton, Tandy E. Cotton, David E. Cotton & Phebe J. Cotton who are infant defendants herein being under the age of 21 years They appointed as such Guardian Ad Litem at the Present term of this Court and for answer to the Petition herein says that he specifically denies each and every Material allegation contained therein 
          George M. Wright as Guardian Ad Litem for Elbert M. Branson, Elizabeth C. Cotton, Mary A. Cotton, Tandy E. Cotton David Z. Cotton & Phebe J. Cotton Infant defendants herein
-------------------------------------------------------


Thomas Moberly as Administrator of the Estate of John Cotton Decd
VS
Jerusha Bright Et al
Ans of Deft Elizabeth Cotton 
By Jacob Crim her Guardian
Filed November 2" 1874
John Elliott Clk

State of Indiana
Shelby County Circuit Court
Oct Term 1874

Thomas Moberly as Admin of John Cotton December 
            VS
Jerusha Bright wife of John Bright Elizabeth Rozell Et al
          Now comes the Defendant Elizabeth Cotton widow of John Cotton decd by Jacob Crim her Guardian and for answer to the Plaintiffs Petition herein says that he specifically denies each and every material allegation contained therein 
Elizabeth Cotton
By Jacob Crim Her Guardian


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Estate of John Cotton   decd
Appraisement
Filed November 2" 1874
John Elliott Clk

Application to Sell Real Estate
State of Indiana
Shelby County SS
                    Before me, the undersigned, Clerk of the Circuit Court in and for said County, personally came Jacob Crim and Peter Shepple being first duly sworn say that they will honestly and impartially appraise the within described Real Estate
Jacob Crim [SEAL]
    Peter Shepple [SEAL]
Subscribed and sworn to before me, this 2" day of November, 1874.
          John Elliott Clk
          We, the undersigned, appraisers appointed by the Circuit Common Pleas Court, to appraise the within described Real Estate, do say that the same is worth, in cash, Eighteen Hundred Dollars
Jacob Crim
     Peter Shepple
Subscribed and acknowledged, this 2" day of November, 1874
          John Elliott Clerk

State of Indiana           In the Circuit Court of Shelby County
Shelby County     SS           Oct Term, 1874

Thomas Moberly as Admin of Estate of John Cotton dec'd
          Be It Remembered, That on the 2 day of November 1874 it being the 25 Judicial day of said Term of said Court, the above Admin filed his petition for the sale of the following described Real Estate, situate in the County of Shelby in the State Of Indiana, to-wit: The undivided two thirds part in value The West half of the North East quarter of Section sixteen in Township Thirteen North Range Eight East except the following described tract towit Beginning at the south East corner of the South West quarter of the North East quarter of section 16 Township13 North Range 8 Eight East and running thence West 28 rods Thence North 12 1/2 rods thence East 28 rods Thence South 12 1/2 rods to the place of beginning.
          And the Court having seen and inspected said petition, appoints Jacob Crim and Peter Shepple, respectable freeholders of the neighborhood to appraise said Real Estate.
          Witness, John Elliott, Clerk of said Court, and the seal thereof, this 2" day of November, 1874. 
John Elliott, Clerk
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State of Indiana
Shelby County
                    Be it Remembered that on this 18 day of Dec 1874 Before me W. Z. Connor, a Notary Public in & for said county in the state of Indiana Personally came Thomas Moberly, the Administrator of said Estate who being by me duly & legally sworn on his oath says that he posted 5 written copies of the Notice attached to the within affidavit in Shelby County Indiana 4 weeks before day of sale three of which were posted in Union Township in said County being the Township in which the Real [estate] described is situated one posted at Wray's Crossing One at Crossing of Rushville State Road & Marion & Burlington road One on Marion Road at land where Rays line Crosses land being three Public Places in Union Township being in the Township of where land is situated One at Crossing of Waldron Road & Cynthianna Pike One on Rushville state road in Marion Township Being five Public Places in said County
Thomas Moberly
Subscribed & Sworn to before me this 18 day of December ,1874 
W. Z. Connor
Notary Public
Filed December 18, 1874
John Elliott Clk


Proof  of  Publication  of  Notice
State of Indiana, County of Shelby, SS:
          Before me, W. Z. Conner, a Notary Public this day personally came James M. Cumback John J. Wingate, who, being duly sworn according to law, says he is the publisher foreman of the "Shelby Republican" a Weekly Newspaper published at Shelbyville in said County, and that the notice, of which the annexed is a true copy, was published in said paper on the 5th day of November 1874, and once each week thereafter, until the 4th day of November 1874,
John J. Wingate
Sworn and subscribed to before me, this 18 day of December, 1874
W. Z. Conner
N.P.S.C.
Pr. Fee $14.00

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Administrator's Sale of Real Estate
          Notice is hereby given that by virtue of an order of the Shelby Circuit Court, in and for Shelby County, in the State if Indiana, made at the October Term, 1874, the undersigned, as Administrator of the Estate of John Cotton, deceased, will offer for sale at Auction on the premises  On Friday the 4th day of December 1874  the following described Real Estate in said County to-wit:
          The undivided two thirds part in value of the West half of the North-East Quarter of Section Sixteen (16) in Township Thirteen (13) North of Range Eight (8) East, except the following tract to-wit: Beginning at the South East corner of the South West quarter of the North East quarter of Section Sixteen (16) in Township Thirteen (13) North of Range Eight (8) East, and running thence West Twenty-eight (28) rods, thence North twelve and one half (12 1/2) Rods, thence East Twenty-eight (28) Rods, thence South Twelve and one half (12 1/2) Rods, to the place of the beginning.
          TERMS OF SALE One third cash, the residue in two equal payments at nine and eighteen months from day of sale at 6 per cent interest, the purchaser giving notes waiving valuation and appraisement laws, and secured by good and sufficient security.
          Sale to begin at 1 o'clock, P.M., on Friday. 
Thomas Moberly
Administrator
Nov. 5th 1874
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In Matter of Estate of John Cotton decd
Thomas Moberly Admin
          Report of Sale of Real Estate
Filed December 18, 1874
John Elliott Clk.
          Thomas Moberly as Administrator of the Estate of John Cotton decd shows to the Court that at December October Term 1874 he produced an order of the Shelby Circuit Court in & for said Shelby County Indiana he produced an order to sell at Public Auction after giving 4 weeks notice of the time and terms & Place of Sale by 4 weekly Public notices in a weekly news paper Posted in said County & by Posting up 5 copies of such notices in 5 Public Places in the County three of which should be in the Township in which land was situated And that pursuant to such order he gave notice by Three Four Weekly Publications in the Shelby Republican a Weekly Newspaper Printed & published in said County Indiana and by Posting notices Five written notices thereof in five Public Places in the County three of which were posted in Union township being in the Township in which the land was situated that he would sell at Public sale on the 4 day of December 1874 at the hour of One o'clock P.M. on said day the following described Real Estate situated in Shelby county, Indiana towit The undivided Two thirds part in value of the West half of the North East quarter of section Sixteen in Township Thirteen North Range Eight East except the following tract towit Beginning at the South East corner of the South West quarter of the North East quarter of Section Sixteen (16) in Township Thirteen North Range Eight East and running thence West Twenty Eight rods thence South North Twelve & one half rods thence East Twenty Eight rods thence south Twelve & one half rods to the Place of beginning And at the hour of 2 One o'clock P.M. on said day he offered for sale said lands described in said order & notice and hence above described for Private sale at Public Auction to the highest bidder and therefore Thomas A. Cotton offered therefore the sum of Twenty Five Hundred and Fifty Dollars and that being more than two thirds the appraisement and being more than the appraised value thereof and being the highest and best price that he could obtain therefore the said land was then and there struck off & sold to him for said sum of money
          And therefore Said Cotton Paid down the sum of Eight Hundred and Fifty Dollars & Executed his notes for the residue in two equal payment due in Nine & Eighteen months from day of sale with six per cent interest & with Hiram Cotton a responsible freeholder as his security being the terms prescribed in said order And he brings said money and notes into Court & refers to the Appraisement & Proof of notices as a part hereof now on file in this Court as a part of his report ad he asks that this Report be Confirmed and that his Report be Confirmed and he be ordered to make deed in accordance herewith
Thomas Moberly
Subscribed and Sworn before me This 18 Day of December 1874
William Z. Conner
Notary Public S.C.
Transcribed by Barb Huff

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