Box No. 206
[426 is written above 206]
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No. 17
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Olive  J.  Glessner,  Admr

of  the  estate  of  Allen  Porter,  dec.
vs.
THE  ESTATE  OF

Mary  A.  Porter
                                Deceased
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CLAIM  FILE.

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$181.86/100


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Filed, Oct. 12" 1895
JW Powers
                        Clerk.
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Glessner & Glessner

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State of Indiana    }}    Shelby Circuit Court
Shelby County SS}}    October Term 1895

Oliver J Glessner, Admr
with the will annexed of 
the estate of Allen Porter
dec, as trustee for the
heirs of said decedent

                vs                        CLAIM

William Clark, Admr
of the estate of Mary
A. Porter, deceased

                                            Oliver J Glessner, administrator of the estate of  Allen Porter, deceased, as trustee for the heirs of said decedent complains of William Clark as the administrator of  Mary A. Porter, deceased, and says that heretofore towit on the  [blank]  day of  [blank]  1880. plaintiffs decedent departed this life at said county the equitable owner and in the possession of an eighty acre tract of land, in Hendricks Township in said county, known as the Hunt  tract; that said Allen Porter deceased had purchased in his life time said land from  Emily Hunt  and  Frank Hunt  but at the time of his death had not received a deed of conveyance therefor on account of the infancy of said Emily; that afterwards his death the said Emily Hung became of age and the administrator of his estate paid to said Hunts out of the personal assetts in his hands belonging to the estate the full amount of the purchase money for said land and they executed a deed of conveyance for all therefor to Mary A. Porter, widow of said Allen Porter deceased, who was the legal owner by virtue of such widowhood to the one third part thereof in the fee simple only; in stead of the whole thereof, but she was entitled by law to the rents and profits of all of said land for and during her natural life, and at ther death, the rents and profits of the two thirds of said tract of land descended to and was, and is owned by the heirs at law of the said Allen Porter deceased, who were, and are, numerous, but were not present at the death of the said Mary A Porter deceased, towit:  on the 5th day of  April 1893 nor have they been present since that time to look after or take possession of the real estate or the rents and profits of their said part of said land to which by law, they were entitled; that at the time last aforesaid, said Eighty acre tract of land, together with a tract adjacent thereto of 37-50/100 acres, the separate property of the said Mary A Porter, was rented to, and occupied by one  Henry Sparks  for the sum of $400 cash, both of said tracts of land being all cleared ready for cultivation, and the rental value thereof being of about equal value, and the price per acre for which it was rented, being about $3.41/100 dollars per acre, and the rents and profits of the number of acres to which the heirs at law of said Allen Porter dec. were entitled was about 53.1/3 acres for said year, which would make the amount of rents due said heirs for said year the sum of 181.86/100 dollars; that afterwards towit:  on the day of  [blank]  1894, said defendant as the administrator of Mary A Porter dec, collected of said Henry Sparks tennent aforesaid, all of said sum of four hundred dollars, and converted and appropriated the same as the assetts of the estate of his said decedant and has failed and refused to account for and pay over to the plaintiff as such administrator, said sum of $181.86/100 dollars to which the heirs of his said decedant are entitled, and that the same is due and remains unpaid;
                                                    Wherefore plaintiff demands judgment for the sum of $20000 and all other proer relief

Glessner & Glessner
Attys for Plaintiff

Transcribed by Phyllis Miller Fleming