Estate  of  Isaac  Trees,  dec'd

Box 430

David  L.  Wilson, Administrator
1894


1st document
No 1873
In Shelby County Circuit Court
Dec. term A.D. 1894
d.b.n of Estate of Isaac Trees deceased

vs

Julia Ann Trees Andrew Trees et al
44-66
Petition for an order to sell land to pay debts
 Filed Dec 24 1894
J. W. Powers, Clerk
D. L. Wilson Atty.
State of Indiana Shelby County ss.
In the Shelby Circuit Court, December Term AD 1894
David L. Wilson Adminst
d.b.n of the Estate of Isaac Trees deceased,
v
                Julia Ann Trees 
                         Andrew Trees 
                                                   Amanda M. McCarty and 
                                                        W. Lewis McCarty.


                Comes now into open court the undersigned as the administrators d.b.n. of the estate of Isaac Trees deceased, as plaintiff and complainant in the above cause and shows to the court, that heretofore towit: on the ____(blank)______day of _____(blank)______ 18__ and while the said Isaac Trees, was then in life he was the owner in fee simple in his own right of the following real estate in Shelby County in the state of Indiana towit:
The south half of the north west quarter of section twenty (20) in township twelve (12) north in range seven (7) east, Except twenty (20)acres off the entire east side of said half quarter section, the entire east side of said half quarter section, the number of acres owned in this tract being 60 more or less.
Also decedent at said date owned the following
The east half of the south west quarter of section 20 in township 12 north in Range 7 east, except 10 acres out of the north east corner of said tract, being 70 acres more or less, and all the land owned by decedent bring 130 acres m or l (note: more or less)
That long before the conveyance of said land as hereinafter mentioned and on the 4th day of October A.D. 1888 said Trees decd with his wife Julia Ann Trees joined in a certain mortgage upon the first above described tract of land, to secure the payment of 6 promissory notes of even date, with said mortgage, payable to the order of  George Sluter and Mary R. Sluter;  four of said notes calling for the sum of $70.00 each, due respectively in 1-2-3&4 years after date and the 5 note calling for the sum of $1070.00 due 5 years after date, all being payable to the order of George Sluter, and the 6th note calling for the sum of $100.00 due in 5 years from date and payable to the order of Mary R. Sluter, all of said notes bearing 7 percent interest after maturity, except the last one which bears 8 percent interest per annum payable annually. Said $100. note was by Mary R. Sluter assigned to  Walter S. Montgomery  May 31-1890 and by him on the _(blank)____ day of _(blank)____ 189_ assigned to H. H. Daugherty who now owns the same; that said other notes were assigned by George Sluter, to  Susan E. Gordon  Jany 16, 1891 and by  Susan E. Gordon assigned to  William Elliott  on the 15thday of March 1891, who now owns such as are yet unpaid.

            Plaintiff further avers that, during the life time of said Isaac Trees and while he was still the owner of said lands, he and his said wife Julia Ann Trees joined in certain other mortgage on the 29 day of January 1891, upon the last above described tract of land to secure the payment of a note $1500. due in 5 years from date, with 7 percent interest from date until paid, interest payable annually, said note is payable to the order of Susan E. Gordon and was by duly assigned to William Elliott on the 15 day of March 1891 who now holds the same. # That said decedent at the time of the conveyance of said land, above mentioned and described viz: on the __blank___day of __blank____189_ when he conveyed to the same, his wife joining in said conveyance, to defendants  Andrew Trees  and  Amanda M. McCarty, was indebted besides the mortgage indebtedness above set out to one  John W. Robinson  by note in the sums of $150.00 together with some other small claims. That at the date of making such conveyance, he had no other property, and has never at any time since such conveyance and did not at the time of his death have any other property, with which to pay any of such indebtedness; that said defendants Andrew Trees and Amanda M. McCarty at the date of the conveyance to them, of such land, had full knowledge of the existence of all of said indebtedness and well knew that said Trees at the time had no other property with which to pay any of said indebtedness; that neither of them paid any money consideration at the time of said conveyance, and have never since paid any money therefore.  That the personal assets of said estate at the time amounts to nothing that the indebtedness of said estate at this date is as follows;

To William Elliott one note of $1070 with several months interest $1070.00
To William Elliott one note of $1500 with several months interests      $1500.00
To John W. Robinson one claim in the sum of $156.05
To H H Daugherty on claim in the sum of     $117.00
$2893.05
Amount brought forward $2893.05
To Marshall G. Tindall, undertaker $ 150.00
Probate Court expense & other small claims $ 150.00
Total indebtedness approximately $3193.05

That it is to the best interest of said estate and all parties concerned to sell such part of said land as is necessary to pay said indebtedness; that these defendants, who now hold the legal title to said land are willing and anxious that so much of said land be sold as is necessary to pay off and satisfy all claims and demands against said estate, and plaintiff believes defendants will all join in a conveyance to the purchases of said land, their conveying to him or them a good title to the same. And plaintiff further avers that if said land can be sold for its fair cash value, that the last above described tract the 70 acres above described will be sufficient to pay all the indebtedness of said estate & the expense of administration thereof that the said 70 acres are reasonably worth $45 to $50 per acre as he verily believes. Wherefore plaintiff prays an order of this court to sell at this time said 70 acres that te same be sold for one third cash in hand, one third in 9 months & one third in 18 months from date of sale, the purchaser to give notes bearing 6 percent interest from date of sale and a mortgage on the land to secure the deferred payments and that the same be sold at private sale after giving 3 weeks notice by posting in the township where said land is situate and one at the court house door, and upon the sale of land the interest of said defendants be forever barred and held for naught in said lands so sold for all other proper relief.
David Wilson, Admnst d.b.n.
Subscribed and sworn to before me this 17 day of December AD 1894

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Second document

No. 1873

Application to Sell Real Estate. In the Circuit Court of Shelby County, Dec. Term 1894
Filed Jan 3,1895, J.W. Powers, Attorney. Clerk

Application to sell Real Estate

State of Indiana, Shelby County,

David L. Wilson Admnst. a b m. of Est

of Isaac Trees decd vs Julia Ann Trees et al

Be it remembered, That on the 24th day of December 1894, it being the ___(blank)____Judicial day of said Term of said Court, the above Plaintiff filed his petition for the sale of the following described Real Estate, situate in the County of Shelby in the State of Indiana, to-wit:

The East half of the southwest quarter of Section Twenty (20) in township twelve (12) north in Range seven (7) east, except 10 acres out of the north east corner of said tract, the number of acres being 70 more or less

And the Court having seen and inspected said petition, appoints Squire L. Vanpelt and William A. Major respectable freeholders of the neighborhood, to appraise said Real Estate.

Witness the Clerk of said Court and seal thereof this 3 day of Jan, 1895
J. W. Powers, Clerk.               




The State of Indiana, Shelby County,

Before me, the undersigned Clerk in and for said County, personally came Squire L. Vanpelt and William A. Major being first duly sworn say that they will honestly and impartially appraise the within described Real Estate,
Squire L. Vanpelt 
seal           
W. A. Major seal


 

 We, the undersigned appraisers, appointed by the Shelby Circuit Court to appraise the within described Real Estate, do say that the same is worth, in cash, $45.00 per acre a sum total of $3150
Squire L. Vanpelt 
W. A. Major    


Subscribe and acknowledged, this 3 day of Jan 1895
J. W. Powers Clerk                            .


[This was in the margin of the document]
??? day of ______189    said Isaac Trees deceased his said wife Julia Ann Trees joining him in a deed of general warranty conveyed & warranted to said defendants Andrew Trees and Amanda M. McCarty all of said lands above described & that each of said defendants at the time had full knowledge of all the indebtedness herein set out.

 

~ ~ ~ ~ ~ ~ ~ ~ ~ ~


Third document

  

No……
David L. Wilson Admnst dbn of Estate of Isaac Trees, decd.
v
Julia Ann Trees et al
 Appearance and answer of debts
Filed Jan 8 1896
J. W. Powers, Clerk

David L. Wilson Admnst of Estate of Isaac Trees decd

v

Julia Ann Trees

Andrew Trees

Amanda M. McCarty

W. Lewis McCarty

Comes now into open court Julia Ann Trees, Andrew Trees, Amanda M. McCarty and W. Lewis McCarty the defendants in the above matter, and each enters his and her full appearance to the petition in said action, and each severally consent to the sale of the 70 acres of land asked to be sold in the petition herin, and each hereby consent and undertake and agree, that we will join in a good and sufficient deed of conveyance to the purchaser or purchasers of said 70 acres of land asked to be sold in the plaintiffs petition, conveying to him any right on claim we may have in said land.
Amanda M. McCarty 
Wm Lewis McCarty 
Andrew Trees 
Julia Ann Treese
Transcribed by Janet Franklin

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