Estate of
Martin Warner, dec'd.
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Appointment of Guardian
November Term 1872 Shelby Common Pleas Probate
Probate Order Book 11 Page 335
Tuesday Morning 8 ˝ O’clock November 19th 1872
Court met pursuant to Adjournment Present the Hon. sole Judge of this Court
Guardianship of Walter L. Walker
John Walker Guardian
Comes now into open Court one John Walker and files and submits to the Court
his petition to be appointed Guardian of Walter L. Walker minor heir of
Martin
Warner deceased, and also a Statement concerning the age of said minor and the
Value and condition of his property which reads in the Words and figures
following towit; (here insert)
And the Court having examined the same and being sufficiently advised in the
premises, appoint the said Applicant the legal Guardian of said Minor, he having
first given Bond conditioned for the faithful discharge of his duties according
to Law in the penal Sum of Twelve Hundred Dollars with John C. Deacon and Wm. W.
Aspy as his sureties, which Bond is approved by the Court. And thereupon said
John Walker took and subscribed the Oath as guardian prescribed by law, and
received Letters of Guardianship upon the person and estate of said minor from
under the hand of the Clerk of this Court attested with the Seal thereof, and
said Bond Oath and Letters read in the words and figures following towit (Here
Insert)
And thereupon the Court adjourned until 8 ˝ O’clock tomorrow morning.
Richard L. Coffey Judge
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Appointment
of Trustee
March Term 1873 Shelby Common Pleas Probate
In the Matter of The Estate of Martin Warner deceased
Appointment of Trustee in provisions of Will
Whereas the provisions of the last Will and Testament of Martin Warner late
of Shelby County Indiana deceased, require the appointment of a Trustee for the
Widow and heirs at law of said Testator to receive from him certain moneys
belonging to said Widow and heirs as provided for in said Will. Therefore on
motion which is in writings & reads as follows towit: (here insert) the
Court does now appoint George Warner of Shelby County Indiana, for said
trustee and orders and directs him to execute Bond in the penal sum of fifty
thousand Dollars, conditioned for the faithful performance of his duties as such
Trustee according to the provisions of said Will. And thereupon comes into open
Court said George Warner and files and submits to the Court for approval the
following Bond executed by him in conformity to the above order of the Court and
the same reads as follows to wit:
Know all men by these presents that we
George Warner, John Nading, Martin
Higgins, Samuel Higgins, Emanuel Higgins, Amanda Warner,
John C. Deacon are
held and firmly bound unto the State of Indiana in the penal sum of fifty
thousand dollars for the payment of which we bind ourselves jointly and
severally and firmly by these presents, Sealed with our seals and dated this 4th
day of March 1873. In condition of the above obligation that whereas the said
George Warner has been this day by the Clerk of Common Pleas of the County of
Shelby in the State of Indiana duly appointed Trustee for the Widow and heirs at
law of Martin Warner, late of said County and now deceased, in the provisions of
the Will of said decedent to receive from the Estate certain moneys belonging to
said Widow and heirs at law to loan the same and account therefore to said widow
and heirs as provided for in said Will. Now if the said George Warner shall
faithfully discharge his duties as such Trustee according to the provisions of
said Will of said Testator, account for all monies which shall come to his hands
in Virtue of said trust when legally required so to do, to the above obligation
shall be void else to remain in full force and virtue in Law.
| George Warner | John Nading | Martin Higgins | Samuel Higgins |
| Emanuel Higgins | Amanda Warner | John C. Deacon | (SEAL) |
John Elliott Clerk
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Appointment of Guardian
In Matter of the Trusteeship of Heirs at Law of Martin Warner, dec.
George Warner Trustee Box 162
Petition to be released on Bond of Trustee
Probate Order Book 18 page 367 No. 697
Filed March 24" 1879 Disposed of March Term 1879
Bellamy S. Sutton Clerk B.F. Love Atty
To The Honorable, The Shelby Circuit Court:
Amanda Warner Benham shows to the Court that she is one of the
sureties on the bond of George Warner who was appointed Trustee for the Widow
and heirs at law of Martin Warner dec., under the provisions of the Will of said
decedent, by order of the said Court. That said bond was executed on March
6" 1873, and said George Warner was appointed as such Trustee on the same
day. That at time of becoming surety upon said bond her name was Warner, and
that she has since married and her name is now Benham, and she requests the
Court to release her as such surety from said Bond.
Amanda Warner Benham by B.F. Love her Atty.
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In Matter of Trusteeship of heirs of Martin Warner dec.
George Warner Trustee
Proof of service of Notice upon Trustee Probate No. 697
Filed April 5, 1879 Bellamy S. Sutton Clerk Love Atty.
Notice to Geo. Warner
To George Warner
Take notice that on the 4" day of April 1879, that being the 29"
judicial day of the March Term 1879, of the Shelby Circuit Court, upon my
request in writing filed in said Court, I will move to be released from my
suretyship upon the bond executed by you as Trustee of the heirs at law of
Martin Warner dec’d. You being appointed such trustee by order of Court, March
6" 1873
Amanda Warner Benham by B.F. Love her Atty
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In The Matter of the Trusteeship of the heirs at Law of Martin Warner
deceased
Geo. Warner Trustee
Be it remembered that on this ___ day of April 1879 before me B. S. Sutton
Clerk of the Shelby Circuit Court came Albert F. Wray who being duly sworn on
his oath says that in the 24" day of March 1879 he served upon George
Warner a notice that Amanda Warner Benham would move to be released from her
suretyship upon the bond executed by said Warner as Trustee for heirs of Martin
Warner deceased, upon the 4" day of April 1879 in the Shelby Circuit Court,
by reading said notice to heirs and delivering to him a copy of the same, which
notice, signed by Amanda Warner Benham by B.F. L her Atty, is hereto attached
and made a part of this affidavit. And further affiant saith not.
Albert F. Wray
Subscribed and sworn to before me this 4 day of April 1879
B.S. Sutton Clerk
Contributed by Barb Huff
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