Shelby Common Pleas, Probate

Probate Order Book 11
Page 90 & 91

March Term 1872

Guardianship of
Emily  Simmons,  Edgar  Simmons,
Leonidas  Simmons,  American  Simmons

Catherine  Simmons,  Guardian
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Guardianship of  Emily Simmons,  Edgar Simmons,                     Petition to sell Real Estate
Leonidas Simmons  and  American Simmons
Catherine Simmons Guardian

            Comes now into open Court said Guardian and filed and submits to the Court her petition for the Sale of certain Real Estate of her said Wards, therein described, which petition is duly verified by affidavit and reads in the Words and figures following towit:  (Here insert)  And the Court having examined the same and being sufficiently advised in the premises, finds that said Minors are the equal owners in fee simple, of the Real Estate described in the petition towit:  The West half of the South West quarter of Section number two (2) in Township Eleven (11) North of Range Seven (7) East, except twenty-four (24) Acres off and along the East side. Also twenty (20) acres off and along the East side of the South East quarter of Section three (3) in Township Eleven (11) North of Range Seven (7) East, all situate in Shelby County, State of Indiana, the said described lands so belonging to said minors being Seventy-Six acres more or less. That a more profitable investment can be made of the value of said Real Estate and that a Sale thereof would be greatly to the advantage of said minors for the reasons set forth in Guardians petition. And on motion the Court now appoints  James Gage  and  Thomas Thompson  two disinterested freeholders of the neighborhood, Appraisers, to appraise the Real Estate of said minors, and orders, that a Certificate of their appointment be issued by the Clerk of the Court and delivered to them, which is accordingly done. And said Appraisers being present they are now duly sworn and subscribe on Oath, honestly and impartially to appraise the above described Real Estate of said minors, which Oath is endorsed on the Certificate of their appointment before mentioned, and reads as follows to wit: (Here insert) And afterwards said Appraisers return into open Court their appraisement thereof, which reads as follows to wit: (Here insert) Whereby it appears, that they have appraised said lands at the Sum of _______ Dollars and by direction of the Court said Guardian does now execute and file an additional Bond, conditioned for the faithful performance of her duties according to law, in the penal Sum of Seven thousand Dollars, with  George W. Thompson  and  Thomas Thompson  as her securities, which Bond is approved by the Court and reads in the Words and figures following towit: (Here insert)

            Whereupon it is ordered adjudged and decreed by the Court, that said Guardian be and she is hereby fully empowered, authorized and directed, to sell the Real Estate of her said Wards heretofore described, and appraised, at private Sale for the best price that she can obtain therefore, but for not less than the full appraised Value thereof, after giving four Weeks Public Notice of the time, place and terms thereof, in some Public Newspaper, published in Shelby County, Indiana, and by posting up copies of such Notice in five of the most public places in Shelby County, Indiana, three of which shall be posted up in the Township wherein said Real Estate is situate, as required by law, on the following Terms to wit: One third of the purchase money to be paid Cash in hand on day of Sale; one third in One Year and One third in two Years thereafter, taking purchasers Notes for the deferred payments, with good and sufficient freehold Security waiving recourse to Valuation or appraisement laws and bearing interest from date.
            And said Guardian is ordered to make Report of her proceedings in the premises to this Court during the next Term thereof, until which Time this Matter is continued. It is further ordered adjudged and decreed by the Court, that said Guardian be and she is hereby fully empowered and directed to reinvest the proceeds of said Sale, by purchasing lands for said Wards in Howard County, Indiana, as prayed for in her said Petition.
            Ordered by the Court, that all plaints, pleas, petitions, administrations and Guardianships and all other probate Business now pending in this Court, remaining and undisposed of, be and the same are hereby continued until the next term of this Court. And thereupon the Court adjourned until Court in Course.
Richard L. Coffey        
Contributed by Barb Huff

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