Guardianship  of

Andrew T. Ensminger,
Lucy Ensminger
and  Martha Arnold


Minor  heirs  of
Andrew  Ensminger,  dec'd


Shelby Court of Common Pleas Probate Box 142
Guardianship of Andrew T. Ensminger, Lucy Ensminger & Martha Arnold
Disp. of October T[erm] 1877 Elisha M. Arnold, guardian
Filed March 9, 1870             J. G. Wolf, Clerk

Application for Letters of Guardianship
For the Minor Heirs of Andrew T. Ensminger Etal Deceased
Court of Common Pleas O[rder] B[ook] 9 page 178
Filed March 9, 1870             J. G. Wolf Clk.

THE STATE OF INDIANA
SHELBY COUNTY       SS             Application for Letters of Guardianship
            The undersigned, applicant for letters of Guardianship on the persons and estates of Andrew T. Ensminger aged 16 years, Lucy Ensminger aged 14 years, Martha Arnold age 19 years, minor heirs of Andrew Ensminger, late of Shelby County, Indiana; said minors reside in Shelby County, in the State of Indiana, and are the joint owners of Real Estate situate in said County, of the probable value of Nine Hundred Dollars, which will rent annually for about the sum of One Hundred Dollars, Said Wards also owned personal property of the probable value of Dollars.

State of Indiana, Shelby County, SS:
            Elisha Arnold, being duly sworn, says that the material facts contained in the above statement and application for Letters of Guardianship on the persons and estates of the persons therein named, are correct and true, as he verily believes; and further saith not.
E. M. Arnold
Subscribed and sworn to before me, this 9th day of March 1870 
            J. G. Wolf, Clerk Of the Court of Common Pleas of ______County.


In Matter of Estate of Martha Arnold formerly Martha Ensminger
Elisha Arnold Guard.     Examined and approved, Guardian discharges as to Martha & continued --
C. Wright      
Filed March 22, 1872         John Elliott Clk.  

State of Indiana; Shelby County
In the Shelby Common Pleas for July Term 1872
            Elisha M. Arnold as guardian of the persons and estates of Martha Arnold, formerly Martha Ensminger, but now wife of John R. Arnold, Lucy Ensminger and Andrew Ensminger minor heirs of Andrew Ensminger, decd. makes the following as and for his final report as to the estate of the said Martha Arnold.
            He shows to the Court that he made a final settlement with said Martha Arnold on or about the 28th day of December 1870. He charges himself with the following amounts which is owned in equal proportions by said three wards bout Sept 1st 1870 sold for said three wards 47 bushels rent wheat in the shuck belonging to said wards for which he paid 7 cts. Per bushel for threshing same and sold same at $1.10 per bushel realizing after payment for threshing 1.03 per bushel being about the sum of $48.41 interest on same at 6 per cent from Sept 1st 1870 to Dec 28, 1870 .94 recd orders drawn by Mary Ensminger in my favor for rents on Compromise if sort bought for same drawing interest from Oct 1st 1870 the sum of $105 Interest which order has since been by him collected. 
            Wherefore he charges himself with amt. of said orders 105.00 interest on same from Oct 1st 1870 to Dec 28 1871 $1.52. 
He shows that in a suit for partition of the lands of said wards situate in Rush County , Indiana brought in the Circuit Court of said Rush County he was by the judgment order and decree of said Court made in said cause ordered and appointed to sell same lands as Commissioner and report said sale to said Court and that he did sell said lands as Commissioner to the Andrew Ensminger and report said sale to such Court and thereupon said Court confirmed said sale and ordered him to execute a deed as such Commissioner which was done to the approval of said Court and that he received the Share of the proceeds of said sale belonging to said proceeds in equal proportions under the said order of said Court as follows
1870 Oct 24 recd of Andrew Ensminger in cash    $276.93
interest on time at 6 percent from Oct 24, 1870 until Dec 28, 1870

2.92

and for the residue of the purchase money coming to said wards for their share of the said proceeds of said sale he took from said Andrew Ensminger two notes with John Trackwell and Phillip Ensminger as his sureties calling for the sum of $276.33/100 such dated Oct 24th 1870 one falling due twelve months after date and the other falling due two years after date both drawing interest from date at 6 per cent which residue not yet collected.
He charges himself with the principal of said notes being  $552.56
with interest on same from date to Dec 28, 1870

5.84

total amount with which he was charged on Dec 28, 1870  = 

$993.52

belonging in equal shares to said three wards
And he claims credit for the following amounts paid out for the common use and benefit of said three wards as per vouchers herewith stated

July 1, 1870
1. paid Davis & Love Atty fees on law suits $59.32
2.   " Wm. Conner fees as Commissioner in partition suit

4.00

3.   " J. H. Cook Sheriff Rush Co. costs in partition

1.75

4.   " Ithamer Spurlin Sheriff of Shelby Co Ind on Rush Records fees

4.40

5.   " J. Elliott Clerk Costs

6.83

6.   " B. F. Love for making this report

$ 5.00

said guardian shows that he necessarily spent in attesting to this business to said wards 6 days from which he claims $2 per day & $10.00 and that he necessary spent on said business about the sum of $5.50 and he claims credit for the sum of $5.50 and he shows that in all Items he took from the Shuck and thrasher the 47 bushels of wheat above named and hauled the same bout three miles to market that he paid out to hands for thrashing same about $3.50 and in addition he & another of his hands worked while thrashing the same, and that he furnished five hands while thrashing same and also hauled same to market
for which he claims

$ 4.50

total credits  =  $106.80
deducting from $993.52 total charges $106.80 the total credits there remaining w/ balance of $886.72 belonging in equal proportions to said three wards on the 28th day of Dec 1870 and on this date the 3rd of $886.72 being the sum of $295.57 was in his hands as such guardian belonging to his said ward Martha Arnold and that he on this day settled with said Martha and John R. Arnold her husband and paid to her and her husband with the full consent of both the sum of three hundred and Eleven dollars as such guardian being more than the whole amount in his hands belonging to her as her guardian and he files her receipt to him executed by him as such guardian for that amount and he asks to be finally discharged as to said ward Martha Arnold and there remained in his hands on the 28 of Dec 1870 belonging to the other heirs said wards Andrew & Lucy in equal shares the sum of $591.15 of which sum two uncollected notes with the interest to said date procured a pend He shows that said notes are still uncollected and he charges himself with the interest on the principal of same being $552.66 from Dec 28 1870 to this June 20th 1872 being $49.03 with interest on $32.65 the cash on hand after payment of said Martha from Dec 28 1870 to June 28, 1872 2.00 total amount with which he is chargeable 642.18 all being outstanding in same notes except said sum of $32.65 cash.
            He shows that said two wards are yet under twenty one years of age and he asks the Court to confirm this report and that his first be continued all of which is respectfully submitted.
E. M. Arnold     Guardian
Subscribed & Sworn to before me This 19th day of June 1872
William Z. Conner     Notary Public

Received of E. M. Arnold, Guardian of Martha Arnold the wife of John R. Arnold three hundred and eleven dollars and twenty three cents. December 28th 1870
Martha Arnold
John R. Arnold

            Received of E. M. Arnold as Guardian of the Person and Estate of Andrew T. Ensminger, Martha Arnold and Lucy Arnold, the sum of five dollars as Commissioner to make Part. and appraise land in partition case of said parties at Oct Term of Circuit Court of Rush County Ind 1870. Shelbyville Ind. Dec. 17" 1870 W. R. Conner
By W. C. Nichols
------------------------------------------------------------
Power of Attorney
Andrew T. Ensminger to H. R. Daugherty

            Know all men by these presents that I Andrew T. Ensminger of Atchison County, in the State of Missouri, do hereby constitute and appoint Harvey H. Daugherty of the city of Shelbyville, in the County of Shelby, in the State of Indiana, my attorney for me, and in my name, and for my use, to collect, and upon payment to him to receipt for, all moneys or other property due or owing to me from my guardian Elisha M. Arnold of Shelby county, Indiana. I having attained the age of twenty one years. Whatever my said attorney shall lawfully do in the premises, I do hereby confirm the same as if I was personally present and do the same. In witness whereof I have hereunto set my hand and Seal this 16" day of  January  February, 1875
A. T. Ensminger (SEAL)
State of  Indiana  Missouri
Shelby  Atchison County SS
            Before me John P. Lewis a Notary Public in and for the county and State aforesaid personally came Andrew T. Ensminger who acknowledged the execution of the foregoing Power of attorney.
            Witness my hand and Notarial Seal this 16th day of January February 1875
John P. Lewis Notary Public            

Guardianship of Andrew T. Ensminger & Lucy Ensminger
E. M. Arnold Guard.             Report
        Examined and Appr Guard, Discharged as to Andrew T. Ensminger continued as to Lucy Ensminger
D. D. Banta Judge
John Elliott Clerk
Filed April 10, 1875 


Guardianship of Andrew Ensminger and Lucy Ensminger
Elisha M. Arnold Guardian
            Elisha M. Arnold as Guardian of Andrew T. Ensminger & Lucy Ensminger States to the Court that per last report made on the 19 day of June 1872 he was chargeable as assets of said wards with the
sum of $642.18
Int to date
112.43
Total Receipts  $754.61

            And he claims credit for the following sums of money to wit
Nov 27 /73
1. Pd John Elliott Clerk cost

$1.61

2.  " J. M. Sleeth Treas.

7.77

3.  " Andrew Ensminger for Amt. Paid John Trackwell Admins of Estate of Andrew Ensminger Sen. decd to Same the sale of 2/3 of the lands owned by said decedent they said wards being his heirs the sum of 125.54 Nov 11 /72
That being their Pro Rata Share of deficiency of Assetts of said Estate to pay indebtedness thereof
125.54
4.  " Land Commer.

5.00

And the Guardian claims for Services & expenses in business of said Estate

10.00

$149.82

~ ~ ~  new page ~ ~ ~

Credits forward
Int on Credits

 19.95

Total Credits

$169.87


Recapitulation

Total Receipts $754.61
"       Credits

169.87

Amt due Both wards

$584.74

   "     "    Each ward

$292.37

            He shows to the Court that he is confirmed that said Andrew T. Ensminger arrived at the of 21 years on the 13 day of Oct 1874 as Shown by affidavit of said Ward hereto attached as a part hereof. That he has this day paid to H. H. Daugherty his said Andrew T. Ensmingers Attorney in fact (as Shown by Paper of Attorney hereto attached) the above Balance $292.37 due him from me as his former Guardian and taken his Receipt full therefore and he asks that he be discharged as to him.
            He states that Said Lucy is yet a minor and he asks that this Report be Confirmed and hereby continued as to her.
E. M. Arnold        
Subscribed and Sworn to before me this 10th day of April 1875.
H. H. Daugherty        
Master Comm.    

$125.54             November 11th 1872
            Received of E. M. Arnold guardian of Andrew T. Ensminger and Lucy Ensminger heirs of Andrew Ensminger Sen. The sum of one hundred and twenty five 54/100 dollars in full for money paid by me to John Trackwell Administrator & cost and Taxes on Said Estate.
Andrew Ensminger            
---------------------------------------------------------------------------
State of Missouri
Atchison County         SS
            Before me John D. Doff a Notary Public in and for the County and State aforesaid, personally came Andrew T. Ensminger who being by me duly sworn upon his oath says that he Andrew T. Ensminger for whom Elisha M. Arnold of Shelby County, Indiana is Guardian, attained the age of twenty one years on the 3rd day of October 1874.
            Affaint states that she is the mother of the said Andrew T. Ensminger
Andrew T. Ensminger
Subscribed and sworn to before me this 25th day of March 1875
            Witness my hand and Notarial Seal
John D. Doff Notary Public
----------------------------------------------
State of Missouri
Atchison County SS
            Before me John P. Lewis a Notary Public in and for the County and State aforesaid, personally came Lucy A. Ensminger who being by me duly Sworn upon her oath says that she Lucy A. Ensminger for whom Elisha M. Arnold of Shelby County, Indiana, is guardian, attained the age of twenty one years on the 3rd day of March 1877.
Lucy A. Ensminger
Subscribed and Sworn to before me this 9th day of July 1877
Witness my hand and Notrarial Seal the date above
John P.Lewis                                    
Notary Public of Atchison County, Missouri
------------------------------------------
            Know all men by these presents that I Lucy A. Ensminger of Atchison County in the State of Missouri do hereby constitute and appoint Harvey H. Daugherty of the City of Shelbyville in the County of Shelby in the state of Indiana my attorney for me and in my name and for my use to collect and upon payment to him a receipt for all moneys or other property due or owing to me from my guardian Elisha M. Arnold of Shelby county, Indiana. I having attained the age of Twenty one years.
            Whatever my said attorney shall lawfully do in the premises I do hereby confirm the same as if I was personally present and did the same. In witness whereof I have hereunto set my hand and seal this 9th day of July 1877.
Lucy A. Ensminger (SEAL)

State of Missouri Atchison County
            Before me a Notary Public in and for said County personally came Lucy A. Ensminger who acknowledged the execution of the foregoing Power of Attorney.
Witness my hand and Notrarial Seal this 9 day of July 1877.
John P. Lewis
Notary Public

Guardianship of Lucy Ensminger minor
E. M. Arnold Guardian
O[rder] B[ook] 16 p[ages] 331 & 332
Final Report Oct T[erm] 1877
Examined Confirmed and Guardian discharged
Hen[ry] Hord Judge

Guardianship of Lucy A. Ensminger, minor heir of Andrew Ensminger decd
Elisha M. Arnold Guard.
            Elisha M. Arnold, as the Guardian of the person and Estate of Lucy A. Ensminger minor heir of said decedent makes the following as and for his final report of said trust. He shows to the Court that per last report made April 10, 1875, he is chargeable with the 
balance due said ward in the sum of  $292.37
Int. on same (2 yrs. & 7 mo)

45.30

Total charges

$337.67

 
            He claims credit for the following amounts paid out for said ward as per vouchers filed.

Voucher No. 1  Pd. J. M. Sleeth $2.34
Voucher  "    2  " B. S. Sutton Clk 1.00
Voucher "    3  " B. F. Love fee 3.50
Voucher "    4  " Courier's fee .50
Guardians Claim for Services 2.00
Total Credits $9.34
Balance due said ward $328.33


And he shows to the Court that the said ward arrived at the age of Twenty one years the 3rd day of March 1877, and he has paid $328.33, the balance due said ward, who has a power of Attorney from said ward which files herewith, and has taken his final receipt therefore which is filed herewith as voucher No. 5
            And the said Guardian asks that this his final report of his said trust be received and confirmed and that he be finally discharged from said trust by order of this Court.

E. M. Arnold
Subscribed and sworn to before me this 26 day of November 1877.
Albert F. Wray Notary Public
Transcribed by Barb Huff  for Bob McKenzie
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