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COMMON PLEAS
Probate Court of Shelby County
William Keith, Adm'r of the
Estate of John Keith
vs
the Heirs of John Keith, dec'd
[From Quote ~ ~ to End of Quote ~ ~ is copied from
an old newspaper clipping (commonly included in estate papers). The remainder is the transcription of the handwritten
court cause. A.W.S.]
Quote ~ ~
Probate Court of Shelby County }
February Term, 1845
}
William R. Keith, administrator of the Estate of John Keith, deceased, vs
James Keith, Jesse Keith, Joseph Keith, John W. Keith, Mary E. Keith, Mary Jane Oldham and William Oldham.
Petition for sale of Real Estate
The said petitioner having filed his petition in the above entitled cause, in the office of the Clerk of the Probate
Court of Shelby County, and also an affidavit of a disinterested person that Joseph Keith one of the defendants
to said petition is not a resident of the State of Indiana. Therefore the said Joseph Keith is hereby notified
of the filing and pendency of said petition, and that unless he personally be and appear before the said Probate
court of Shelby county on the first day of the next term thereof to be holden at the courthouse in Shelbyville
in and for said county of Shelby, on the second Monday of February 1846, and then and there plead answer or demar
to the allegations and charges contained in said petition the same will be heard and determined in his absence,
and decreed upon accordingly.
End of Quote ~ ~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
State of Indiana, Shelby County S S
William R. Keith Admr vs James Keith et al ~ ~
Probate Court February Term 1846
Petition for sale of Real Estate
Now on this _______ day of February 1846 in open Court in the Court aforesaid personally came James M. Keith who
being duly sworn upon his Oath saith that the Notice hereinto attached has been given by three successive public
citations and for three weeks successively in the Shelbyville Recorder a News Paper published at Shelbyville in
the State aforesaid as appears from said News papers which were received by this department in due course of publications.
~~~~~~~~~~~~~~~~~~~~
To The Hon'l William H. Sleeth, Judge of the probate
Court of Shelby
County In the State of Indiana.
The memorial of William R. Keith, Administrator of the Estate of John Keith, late of said County, Deceased, who
died intestate respectully represents that the personal estate of the said intestate which has come into his hands
amounts to the sum of Three Hundred and six Dollars and 10 cents (including the widows share, $306.10) out of that
amount he has paid $89.96 in discharging claims against the said Estate leaving a balance of $216.14 cents in his
hands and the same is insufficient for payment of his debts as appears by the account herewith produced ~ ~ and
the said intestate at the time of his death was the owner of certain real estate in said County described and known
as the West half of the N West quarter of section Number twenty eight by good fee simple title, that the same was
not inventoried and appraised with the personal property ~ ~ the probable value thereof is $225.00. There was due
and owing by the said deceased at the time of his death, as far as your petitioner can acertain, the following
sums to wit
To S. B. Morris
by Note due November 25th 1837 $ 4.50
" I & S Hamilton
by Note due Sept 26 1841 10.70
" Boggs & Manning
by Note due March 2 1842 30.39
" Elijah Tyner by Note due 3.75
" Sargent & Hacker by Judgment
received March 10th 1842 20.84
" Collins by Judgement $127.83
" Mayhew " " 3.87
" Jackson & Co " " 2.22
" Wm F. Morgan " " 15.83
" Joseph Andrews " "
5.27
" Jno M. Daniels " " [-----] .62
" Hough & Webb " "
9.86
Amount over
$186.34
~~~~~~~~~~~~~~~~~~~~~~~
Amount Brot over $186.34
The above Notes and Judgments are put down exclusive of Interest.
To James Bumgarner by
Account 4.00
" Eli Spegle " "
.50
" Geo Gaskill " " 8.32
" Jno Weakley " "
8.00
" Asa Spegle "
" 10.00
" David Vandebeer " " 2.53
" Wm R. Keith
" " 19.87
" M. A. Keith and Wm R. Keith " " 7.25
" Geo Baxter
" " 16.72
" McFadin Boggs & Co " " 101.57
" Sinking fund by Mortgagor
on
said land " " 200.00
Making together
$565.10
Amount on hand as Shown above 216.14
-$348.96
leaving a deficit to be paid out of the real estate after sum of $348.96
That the said John Keith, deceased, left to his heirs and legal representatives Mary Ann Keith, his widow and children,
James Keith aged _____ years, Jesse aged _____ years, Joseph aged _____ years, John Wesley aged _____ years, Mary
Ellen aged _____ years, Mary Jane Oldham aged _____ years and William Oldham aged _____ years, all of said County
and who as your Petitioner believes are all the children and legal representatives of said decedent. Your memoralist
therefore prays your honor to grant him in order for the sale of the appraised real estate to discharge the said
debts and other demands and such expenses as may hereafter accrue.
/s/ William R. Keith, Admr
Oct 27th 1845
State of Indiana Shelby County ss
Before me Jacob Vernon Clerk of the Probate Court of said County personally came William G. Capp and being by me
duly sworn says he is informed and verily believes that Joseph Keith one of the Defendants to the foregoing petition
is not a resident of the State of Indiana, but resides beyond the limits thereof, and further says not.
~~~~~~~~~~~~~~~~~~~~~
WILLIAM R. KEITH, Adm
Petition for Sale
of Real Estate
Box
5
Filed October 27 1845
J Vernon, Clk
~~~~~~~~~~~~~~~~~~
JOHN KEITH Decd ~
Inventory of Real Estate
Filed in Open Court
February 11th 1846
J Vernon, Clk
~~~~~~~~~~~~~~~~~~~~~~~
An inventory of the real estate of John Keath late of Shelby County deceased, The said John Keath at the time of
his death was the owner of the followin real estate (to wit) The West half of the North West quarter of Section
twenty eight in Township thirteen North of Range Six East in the district of lands Subject to Sale at Indianapolis
Indiana Containing eighty acres held by deed valued at $350.00
Appriased February the 3rd 1846 by us
~~~~~~~~~~~~~~~~~~~~~
State of Indiana }
Shelby County }Sct Before me Simeon H. Rohrer a justice of the peace in and for the County of Shelby
and State aforesaid this day personally came William Keath administrator of the estate of John Keath, deceased,
and David Vanderbelt and Alexander Judd, the appraisers above named and made oath that the above is a just and
true inventory and appraisement of the real estate of said deceased to the best of their knowledge and judgment.
Given under my hand and seal this 3rd day of February 1846.
Transcribed by Antoinette Waughtel Sorensen