Estate  of

Andrew  Ensminger,  dec'd

Probate Order Book 4
Page 4

In the Matter of the Estate of Andrew Ensminger, deceased

Done at the Clerks Office this 15th day of October A.D. 1867 Attest Ira G. Grover Clerk

          Now comes  John Trackwell  and files his application for appointment as administrator of the estate of  Andrew Ensminger  who departed this life on the 22nd day of September A.D. 1867 testate, leaving a personal estate to be administered of the probable value of eight hundred and fifty dollars, which said application reads as follows to-wit (here insert) and said Trackwell also files the relinquishment of  Nancy* Ensminger  widow of said deceased and Executrix under his will, to administer said estate to-wit (here insert it) and the said Trackwell also files his bond as required by law in the penal sum of two thousand dollars with  Edward Daniel  as Surety which is approved and reads as follows to-wit (here insert it) whereupon the Clerk issues and delivers the following letters to the said John Trackwell viz: (here insert them)

                    Done at the Clerks Office this 16th day of October 1867
                Attest Ira G. Grover Clerk D.C.C.P.

Decatur County Common Pleas (Probate)
Probate Order Book 5 Page 81
June 8th 1868
State of Indiana
County of Decatur SS
In the matter of the Estate of Andrew Ensminger deceased.
          Now comes John Trackwell administrator of said Estate and files his petition to sell the Real Estate of said decedent the personal being insufficient to pay the debts (towit here insert petition) and an affidavit being filed with said petition that  Ira Huffman  and  Angeline Huffman  two of the heirs of said deceased are now residents of the State of Indiana [Kansas] this cause is therefore continued and publication is ordered for the next term of this Court.

In the Matter of the Estate of Andrew Ensminger, deceased
January Term 1869 February 5, 1869
Probate Order Book 5 Pages 135 & 136
          Now comes John Trackwell administrator of the Estate of Andrew Ensminger deceased, and his petition to sell real estate filed herein June 8, 1868 is shown the Court, and the answer of  Mary* Ensminger  thereto is filed herein viz: (here insert), and the appearance of  Maggie  and  James W. Johnston  thereto, of Mahala J, Ensminger, of  William H. Ensminger, of  Harriet J. White, of  Mattie and  John R. Arnold; of  Mary J. and Daniel R. Vanpelt; of  Ann and George White; of  S. E. and E. B. Hendricks; of  Andrew and Lucy Ensminger  is shown the Court viz:  (here insert) and said parties being three times audibly called came not and but herein wholly make default, and it is suggested and shown the Court that publication of notice of the pendency of said petition has been had as required by law in the Decatur County Press, Viz: (here insert the notice and affidavit) and it is suggested that  William H. Ensminger,  Isabell Ensminger,  Harriet J. White,  Martha Arnold,  Margaret Johnson,  Andrew Ensminger  and  Lucy Ensminger  are Minors and thereupon  Cortez Ewing  is appointed guardian ad litem of Said minors who enters an appearance herein without further process and for and on behalf of said minors files an answer to said petition viz:  (here insert) and there upon said administration files a reply to said answer of said Mary Ensminger viz:  (here insert) To which reply said Mary Ensminger files a demurrer viz:  (here insert) which demurrer is argued by Consort and overruled by the Court to which said Mary Ensminger objects and excepts, and therefore this cause is submitted to the Court for trial who from the evidence does find that the allegations of said complaint are true, and further that said decedent died owning lots Number three and Seven in the Town of St. Paul, also the North half of the South West quarter of Section fifteen Township Twelve Range Eight in Rush county; that the Probate of the instrument in this Court purporting to be the last will of said Andrew Ensminger Will has been revoked and set aside, and that said Mary Ensminger has filed in this Court her petition for partition of said real estate in which she asks that her third of said real estate be set off to her in the Real Estate in Rush County; this Court therefore orders a sale of the said real estate in Decatur County, and an appraisement of the Sums of fifteen hundred dollars is filed herein viz: (here insert) and an additional bond in the penalty of three thousand dollars with  Erastus L. Floyd  is filed herein and approved viz: (here insert)
          It is therefore considered by the Court that said Administration do proceed to sell at public auction to the highest bidder said lots Number three and seven in block Number eighteen in St. Paul in Decatur County for not less that two-thirds of the appraised value; on the terms following, One third cash on the day of the Sale, one third in ____ months and the other third in eighteen Months from the day of sale with interest on the deferred payments at _____ per cent and that he give such purchaser a certificate of his purchase, and take his note with good security waiving valuation or appraisement laws, and that he report such sale when made to this Court and day is given, and that notice of the time and place of such Sale be given by said administrator as required by law.
Note from the transcriber:  Andrew Ensminger's widow was Mary, not Nancy (as mentioned in the first paragraph).
Transcribed by Barb Huff  for Bob McKenzie

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