Estate  Records  of

Andrew  Hensley,  decd
Shelby  County,  Indiana

Summarized records from the probate books of Marion County, Indiana

Settled during the April 1851 term
Estate of Andrew Hensley, deceased

September 17, 1842.  
James Sharp, executor of the estate of Andrew Hensley.  
Will witnessed by Daniel Cooper and Eliza Corder [Cooper?]; proven by Lewis Gledwell [Glidewell].
Daniel Cooper of Shelby Co Indiana and William Smith of Boone Co were also named.
Notice of sale, Pike Township [Marion County, Indiana], October 15, 1842.
Inventory [below] appraised by James Moore,  Isaac Snyder and  Philip Shambaugh;  notes on Thomas Dennis.
Widow:  Isabel Hensley.
Purchasers at the sale:  Campbell Miller,  Silas White,  William B. Martin,  Isabela Hensley,  Jonas Shambaugh,  John Lacy,  Miletas Shurly,  James Moore,  James Synder,  James D. Dickenson,  Jonathan Hall,  James Carr;  William B. Martin, Clerk.

October 7, 1843

January 12, 1844
Cited to appear

March 13, 1844
Thomas Talbot says the executor died November 11, 1843.
Isabel Hensley, widow, renounced her right to administer the estate.
All heirs are minors.
Thomas Talbot appointed administrator with will;  $1600 bond secured by Daniel Cooper and John Lacy.

June 8, 1846
Continued

March 2, 1850
Continued

April 11, 1850
Continued

May 28, 1850
Estate owes  James Delong,  John Duncan,  William A. Duzan,  John R. Miser,  John G. Kennedy,  D. S. McGaughy,  John Roberts,  Caswell Dennis,  Asul Woodward,  Robert C. Fair,  Stone & Huntington,  William Snider,  James Hensley.
Paid Lewis Glidewell,  Nicholas Hightshue,  D. L. Wicker,  Voorhees Conover,  A. W. Harrison,  Bradley & Hammond.

April 16, 1851
Notice of insolvency in Marion, Hendricks, Boone and Shelby counties.
Estate settled.
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Inventory



[The estate document below
was found embedded
in the following civil case:  ]

Thomas  Talbert
vs
Thomas  Dennis,  Isabel  Hensley,
Thomas  Hensley,  James  Hensley
and  Andrew  Hensley


Box 95

Shelby County Circuit Court
1844

regarding the estate of
Andrew Hensley Sr, dec'd

~ ~ ~ ~ ~ ~ ~

Page 1
 
An inventory of the goods chattels and effects of  Andrew Hensley  late of Marion County & State of Indiana deceased taken by  James Sharp  Executor of the Estate of the Deceased with the Assistance of  James Moon,  Isaac Snyder  and  Philip Shambaugh  Appraisers Cold? And duly sworn for that purpose.
1. Bay Mare appraised to $35.00
2. 1 Brown Man Do $35.00
3. 1 Sorrel Colt Do $ 8.00
4. 1 Orrgon? Do $50.00
5. 1 Sell? Of Britching Do $ 3.00
6. 2 Pair of Horse Gloss? Do $ 3.50
7. 2 Blind bridles Do $ 2.00
8. 2 Horse Collars Do $ 1.50
9. 1 Bridle Do $ .75
10.1 Pair of Horse Geers& Line Do $ 2.00
11.1 Mowing Scythe Do $ .50
12.1 Spordard? Do $ 1.00
13.1 Lot of Corn on the ground Do $14.00
14.1 Yoke of Oxen Do $14.00
15.1 Spotted Heifer Do $ 5.00
16.1 Black & White Calf Do $ 1.75
17. One lot of Corn in the field at
Abraham Baronburgh Do $12.00
18.1 Cany Plough Do $ 2.00
19.1 lot of Corn in the field at
James Duncan Do $18.00
20. 1 lot of sheep 2h head Do $30.00
21.1 black cow with a white face Do $ 8.00
22. 1Side saddle Do $15.00
23. 1 Mans Saddle Do $ 6.00
24.3 Beds&Bedding Do Widow keep $25.00
25. 2 Bed Steads DoWidow keep $ 1.00
26. 1 table Do Widow keep $ 1.50
27. 1 Chest Do Widow keep $ 1.00
28. 1 lot of Cupboan ware Do Widow keep $ 3.00
29. 2 Spinning Wheels Do Widow keep $ .75
30. 1 lot of pots Metal Do Widow keep $ 6.00
31. 1 ax $ .75
32. 1 farm? Mill Do $ 8.00
33. 1 cradling scythe Do. $ 1.50
34. 14 head of hogs Do $12.00
35. 1 Brindle Heifer Do $ 1.50
 
 
 
36. 1 black steer with white back Do $ 2.50
37. 1 red and white calf Do $ 1.00
38.   1 Bay Mare Do $20.00
$363.50
 
One Note on Thomas Dennis Calling for $50.00
Deed 15 of October 1842.6 notes Do on
Thomas Dennis Calling for $100 each Due
15th October 1842 $600.00
James Moore
Isaac Snyder
Philip Shambaugh
 
State of Indiana                 Marion County S.S.
 
            Personally appeared before me the undersigned an acting justice of the peace of said County  James Moore,  Isaac Snyder, &  Philip Shambaugh  appraisers of the Estate of Andrew Hensley deceased. Appraisers of said Estate and being duly sworn for that purpose the said James Moore, Isaac Snyder, & Philip Shambaugh say that the above Inventory and Appraisement as signed by them is a just and true Inventory and valuation of the Goods Chattles and effects of the said Andrew Hensley Deceased to the best of their judgement
James Moore
Isaac Snyder
Philip Shambaugh
 
Sworn to & subscribed afore me this 13th day of October 1842
I Isaac     Justice of the Peace

 
Since the Making of the foregoing Inventory.  And on the 15th October 1842 then came to hand 1 pair of Dames? And trace Chains belong to said Estate. Which urn[?] Appraised by the same Appraisers at one Dollars & 50 cents $1.50. (___)  My hand & October 18,1842         James Sharp
The State of Indiana Marion County S.S.
 
            I  Robert B. Duncan  Clerk of the Marion Circuit Court Do hereby Certify that the above and forgoing is a full true and Complete Copy of the Original Inventory and Appraisement of the Goods Chattles and effects of the Estate of Andrew Hensley Deceased now on file in my office.
In testimony When of hereunto
Subscribe my Name and affix the seal of
Said Court at Indianapolis this July 6, A.D. 1844
R.B. Duncan By C. Ricker D.C.

 
~ ~ ~ ~ ~ ~ ~

 
            To the Honorable the Judges of the __________ __________* Chancery Setting
            * [My guess would be the "Marion County Probate Court" - pmf] 
 
            Humbly complaining sheweth unto your Honors your Orator Thomas Talber [Talbert] of the County of Marionn, Administrator de bonis non cum Testamento Annexo of the last Will and Testament and of the Estate of Andrew Hensley, late of the County of Marion in the State of Indiana deceased that the said Andrew Hensley did about the month of July in the year 1842, having before his death made his last Will and Testament was after his death duly published and proven and recorded and now remains of Record in the Office of the Clerk of the Probate Court of Marion County aforesaid.  That by said last Will and Testament, James Sharp, was appointed to be the Eutor thereof, and thereafter and upon Probate thereof duly took upon himself the Executor of the same. That the said Andrew Hensley deceased at the time of his death left to succeed him as his heirs and representatives  Isabel Hensley , his widow, and Children and heirs at law, Thomas W. Hensley,  James Hensley,  Eliza Jane Hensley  and  Andrew Hensley.  That since the death of the said Andrew Hensley the testator ,the said Eliza Jane Hensley his daughter, has also died in her minority and without issue.  That all the Children of the Said Andrew Hensley, are minors under the age of Twenty one years, and have no Guardian, to the Knowledge of your Orator to take Charge of their Estate.  That the said James Sharp as such Executor of Said Estate, filed in the probate Court of Marion County an Inventory of the Goods Chattels, monies Credits and effects of the said Andrew Hensley decd a copy whereof duly certified your Orator herewith Exhibits and makes part of the Bill of Complaint Marked "A" Showing property of the value of                     as therein appraised                 And your Orator further shows with your Honors, that the time of the death of the said Andrew there was owing to him from one  Thomas Dennis  of Shelby County a note for One Hundred and Fifty dollars, of lawful money which said sum of money was payable by the said Dennis to the said Andrew, his heirs Executors or Administrators on or before the fifteenth day of October in the year 1842, and was not due at the time of his death, and which said Indebtedness of the said Dennis to the said Andrew, was Evidenced and secured, by a Certain Indenture of Mortgage duly made executed sealed, acknowledged and delivered by the said Thomas Dennis, to the said Andrew Hensley, which was dated on the fourteenth day of October in the year of 1841 and duly recorded in the office for recording deeds and mortgages in and for the County of Shelby on the 18th day of February 1842 in Deed Book I page 406., by which Indenture of mortgage the said Thomas Dennis granted, bargained sold and conveyed to the said Andrew Hensley, and to his heirs and assigns the following Lands to let " The East half of the South East quarter of Section One in the Township Thirteen North of Range Seven East, and also in the South half of the West half of the South West quarter of Section Six of Township Thirteen North of Range Eight East, all in Shelby County, and in the Indianapolis Land District Containing One hundred and twenty Acres more or less" to have and to hold to him his heirs and assign forever, Subject always nevertheless to the Condition and Equity of Redemption, upon payment by the said Dennis, to the said Hensley his heirs Executor and Administrators of the said sum of money herein before stated at the time before mentioned which said Mortgage your Orator hereby Exhibits and makes part of this Bill, Marked " B". 
            That at the time of the death of the Said Andrew Hensley, the said sum of money so secured by the said Mortgage, was not due, and the same came and as one of the rights and credits of the said Andrew, into the hands of the said James Sharp as his Executor, and that on the day paid and appointed for payment thereof and for a long time afterward, the said Dennis wholly neglected and omitted to pay the same or any part thereof whereby the said Indenture of Mortgage became and was forfeited.
            And your Orator further shows, that the said James Sharpe as such Executor of the said Estate afterward filed his Bill in Chancery in the Shelby Circuit Court in the premises and proceeded thereon _____ form of Law, to foreclose the Equity of Redemption of the said Thomas Dennis in the said mortgaged premises __ __ ordering ? _____ ______ And praying a foreclosure thereof and that the said Mortgaged premises might be sold, to pay and satisfy the debt aforesaid, wherein and whereby such proceedings were had by the said Court that afterwards at a Term of the said Court, held according to Law on the 18th day of February Anno Domini 1843 it was ordered adjudicated and decreed by the said Court that the said Thomas Dennis should pay and satisfy to the James Sharpe Executor of the said Andrew Hensley deceased the sum of Six hundred and Sixty three dollars being the amount of the said debt of Six hundred and fifty dollars, and Interest thereon, then unpaid within _____ days from the date thereof, and in default thereof that the said Mortgage & Lands should be sold as other lands are by said to be sold on Execution to satisfy the same, which said proceedings and Decree of the said Court in the premises, will more fully and at a say appear, to your honors by reference thereto , as they in this Court remain of Record, and to which your Orator refers, without Exhibiting the same.
            And your Orator further shows unto your honors, that at the time of the death of the said Andrew Hensley, he was indebted to diverse persons in diverse sums of money, altogether Amounting to about the sum of about Two hundred and forty six dollars and thirty cents. That the same yet remains unpaid and unsatisfied, and that the personal property of the said Andrew, (exclusive of the debt and Decree aforesaid of the Shelby Circuit Court, for the said sum of Six hundred and fifty dollars and its interest) is wholly insufficient to pay the same, and the expenses of administering upon our settling the said Estate.  That the said Andrew at the time of his death was not possessed or assigned[?] Of any real Estate whatever, nor of an other Estate or property real or personal, thatís what your Orator has herein before named describe and set forth.
            And your Orator further states and shows unto your honors, that notwithstanding the said Estate of the Andrew was so as aforesaid justly indebted to diverse persons in the amount of money aforesaid and that there was not sufficient other means, to pay and satisfy the same and ____ ____ _____ _____ ______ ______ Estate.  The said James Sharpe, aforesaid fraudulently and unlawfully conniving with the widow and heir of the said Estate, to deprive the Creditors thereof, and deprive them of the means of obtaining payment of the just debts, agreed with the said Thomas Dennis and with the widow and heir of the said Andrew Hensley deceased to let with the said Isabel Hensley, Thomas W. Hensley, James Hensley and Eliza Jane Hensley, and Andrew Hensley all of whom except the said Eliza Jane.  Your Orator prays may be made defendants to this your Orator Bill.  That if the said Thomas Dennis would well and sufficiently Bargain Grant sell and convey the said two tracts of Land in the said Mortgage Deed mentioned to the said Isabel, Thomas, James, Eliza Jane and Andrew, then heirs and assigns in fee simple that then and that event, he the said Sharp, would satisfy the said Decree of Shelby Circuit Court and discharge the said Dennis from the payment thereof. And your Orators States and shows, that in pursuance of such corrupt and unlawful agreement with the said Sharpe as aforesaid and for the Consideration of the release and satisfaction of the said Decree as aforesaid., the said Thomas Dennis, and  Charity  his wife did on the 29th day of March in the year 1843, at the County of Shelby aforesaid, Make execute, sign seal acknowledge and deliver unto the said Isable, Thomas, James, Eliza Jane and Andrew Hensley, or write some one of them for all of them their certain Deed of Conveyance, whereby they the said Thomas and Charity, for the Consideration therein mentions, and which your Orator charges was the supposed amount of the decree aforesaid, granted and conveyed the said Land named in the said Mortgage, and Described in said deeds to the said Isabel and Thomas James Eliza Jane and Andrew Hensley in fee simple, which Deed of Conveyance now in the possession of your Orator, and which appears to have been recorded on the 14th day of April in Deed Book I page 782 in the Office of the Recorder of Shelby County, Your Orator herewith Exhibits and makes a part of his Bill to your Honors Marked "C" And your Orator further states, that upon the Execution and delivery of the Deed of Conveyance last aforesaid, the said James Sharpe, then being such Executor as aforesaid , did on the fifteenth day of April in the year 1843 unto and enter upon the Records of the Shelby Circuit Court, and upon the decree of foreclosure aforesaid, then still unpaid and unsatisfied, a full receipt and satisfaction thereof whereby the same appears to be satisfied and discharged.  And your Orator expressly states and charges, that the said Thomas Dennis never paid the said sum of money so due by said decree, in any other way or manner than by the Conveyance aforesaid, and that the said James Sharpe never received any other or further or different payment thereof, than the Conveyance aforesaid to the widow and children of the said testator Hensley, and that the said widow and children or either or any of them never made any payment for the same whatever, but received the same and now hold and own the same and the Land there by granted, without having paid anything whatever therefore.
 
            And your Orator further states that he is informed and verily believes that , the said James Sharpe, as such Executor at the time of the receipting and entering satisfactions upon the decree aforesaid, held several promissory notes drawn by the said Thomas Dennis payable to the said Andrew Hensley at the same time that the said sum of money in said Indenture of Mortgage became due and for the same sum of money.  In total six notes each for the sum of One hundred dollars and one note for the sum of fifty dollars, and that he surrendered and gave up the whole thereof to said Dennis without payment , and without receiving anything whatever thereof other than the Conveyance aforesaid to the said widow and children, from the said Thomas Dennis although the whole amount thereof with the interest thereon was justly due and payable from the said Thomas Dennis, to the said Executor for the benefit of said Estate.
            And your Orator further states, that afterwards about the _____ day of ________ in the year 184_ the said James Sharpe died, without having finally settled the said Estate, and without having paid the debts due by the said Andrew Hensley, but leaving a large amount to total about the amount of Five Hundred and forty six dollars still due and unpaid, and that there after settles of administrations being date the 13th day of March in the year 1844, with the will annexed, were duly granted by the Probate Court of the County of Marion to your Orator, to administer the goods chattels right credits and effects not therefore administered of the said Andrew Hensley deceased, a copy whereof with the said Will annexed your Orator hereby produces and Exhibits to your honors, to give evidence thereof Marked "D"
            Your Orator further states to your Honors that the whole personal property of said Estate, Except the debt of the said Dennis aforesaid appears to have been Exhausted , and that after allowing to the widow her statutory rights, the remainder sold only for the sum of $ 156.52 as appears by a certified Extract from the sale bill thereof as the same appears filed in the Marion Probate Court, a certificate whereof is herewith Exhibited as part of the Bill Marked "E"
            And your Orator, has no knowledge of any property or rights of property or money out of which to satisfy said debts and to pay the Expenses of Administration than Amount of said Decree and debt against the said Thomas Dennis.  And your Orator had well hoped that the said Thomas Dennis would have paid off and satisfied the amount of said Mortgage, Notes and Decree of the Shelby Circuit Court to your Orator, and that the said Isabel Hensley or the said Thomas, James, and Andrew Hensley or some of them or some other person for them would have paid off the said debts and the Expenses of the Administration of said Estate or that the said last mentioned persons, would have given up the said Deed from the said Dennis to the other defendants to be cancelled and that the said Dennis would have permitted your Orator to have Execution of the said Decree of Shelby Circuit Court.  But now so it is that they all and each of them wholly refuse to do or permit to be done each and all and any of the aforesaid reasonable things for the just settlement of said Estate and honest payment of its liabilities.  All of which actings and doings are contrary to Equity and good conscience and tend to the manifest injury of your Orator in the premises.  And in as much as your Orator is remedially in the premises by the strict rules of the Common Law and reliable?  Only in a Court of Equity , where such Matters are cognizable.  Your Orator prays your honors to Compel the Said  Thomas Dennis,  Isabel Hensley,  Thomas W. Hensley,  James Hensley, and  Andrew Hensley  to answer the premises and every matter and thing herein stated and charged.  And Well your Honor Order adjust and Decree that the Deed of Conveyance so made by the said Thomas Dennis & wife to the said widow and heirs of Andrew Hensley deceased, be annulled voided cancelled and held for nought , and that the receipt and sales _____?  So as aforesaid written and entered upon the Records of the Shelby Circuit Court, of the debt and decree of Foreclosure against the said Thomas Dennis in favor of James Sharpe former Executor of said Andrew, by the said James Sharp, be annulled cancelled and held for nought and that your Orator do have an Order to sell the said Lands according to Laws to make the Amount of the debt Interest and costs aforesaid a fully and completely as if said sales factor had never been entered these on , and as fully as if the said Deed had never been made, or will your honor grant to your Orator such other and further relief in the premises as to your Honor shall see just and right.
            And will your Honor grant to your Orator your Writ of Subpoena directed to the said  Thomas Dennis  Isabel Hensley,  Thomas W. Hensley,  and  Andrew Hensley  commanding them and each of them at a certain day and under a certain penalty to be therein inserted to appear befor your Honorable Court and answer the premises  And he will
Charles Bradley ___? For ____?                


Contributed by Susan Gayle

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