Probate Court of Shelby County

William Keith, Adm'r of the 

Estate of  John Keith
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.

J. VERNON, clerk.    

December 17th, 1845

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.

/s/ James M. Keith        


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

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.

/s/ Wm Capp
Sworn to and subscribed before me this 17th day of December A.D. 1845.
/s/ Jacob Vernon, Clk


Petition for Sale
of Real Estate


Filed October 27 1845
J Vernon, Clk


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

/s/ David Vanderbelt
/s/ Alexander Judd   


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.

/s/ Simeon H. Rorer, J P (seal)

 Transcribed by Antoinette Waughtel Sorensen

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