Minor  Heirs  of  Sebastian  Worland

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Probate Order Book 4 
Page 393


Saturday, 18th Day March Term 1863 Mar. 21st
Saturday Morning, 8 ˝ O’clock, March 21st 1863

The Court met pursuant to adjournment
Present- Same as on yesterday

In the Matter of the Guardianship of Thomas C. Worland, a Minor    
Grant  of  Letters.


            Now comes Robert A. Worland and presents to the Court the following statement, towit: (Here insert) and on the application of the said  Robert A. Worland the Court appointed him Guardian of the person and estate of  Thomas C. Worland  Minor heir of  Sebastian Worland, deceased; and the said Robert now executes and files a bond as such Guardian, in the penal sum of one Hundred and fifty dollars with  Thomas Laws  as security, which bond is accepted and approved by the Court, and said Guardian takes and subscribes the oath prescribed by law, and receives his letters of Guardianship, duly sealed with the seal of said Court, and attested by the Clerk, and said Bond, oath and Letters read in the words and figures following, towit: 
(here insert)
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Probate Order Book 4 
Page 397


Saturday, 18th Day March Term 1863 Mar. 21st
Petition  to  Sell  Real  Estate

Robert A. Worland, Guardian of Thomas C. Worland, Vincent Worland, William Worland, Mary Ann Worland, Nancy Worland, John Worland, David Worland & Francis Worland, Minor heirs of Sebastian Worland, deceased.

            At this time comes said Guardian on behalf of said minors and presents to the Court a petition praying for an order to sell certain real Estate therein described belonging to said minors, which petition is verified by affidavit and reads in the words and figures following, towit; (here insert) From which petition it appears that said minors are the joint owners of the following described parcel or tract of land in Shelby County, Indiana towit: The undivided Eight-tenths of the undivided ninth part of the East half of the east half of the north west quarter of Section thirteen in Township Twelve, of Range seven, east, containing forty acres, descended to them from their father, the said Sebastian Worland, deceased, and that the sale of said wards’ interest is necessary for their education and support. And the Court having inspected said petition, find the matters therein stated to be true, and do now appoint Thomas Laws and David Louden appraisers of said real estate, and the Clerk of this Court is ordered to issue to them a Certificate of their appointment, and they are required to take and subscribe the oath prescribed by law, and indorse the same upon said Certificate, which is now done, and the same with the oath of said appraisers indorsed on the same reads as follows, towit; (Here insert) And said appraisers now file and present to the Court an Inventory and appraisement of the interest of said wards in the above described real estate, by which they appraise the same at the sum of $7000. Said inventory & appraisement reads in the words and figures following, towit; (here insert) And Thereupon the Court order said Guardian to execute and file an additional Bond for the faithful performance of his duties herein, which Bond is now filed, in the penalty of One Hundred and fifty dollars with Thomas Laws as surety thereon, which bond is accepted and approved by the Court, and reads as follows, towit; (Here insert) And the Court now order and direct said Guardian to proceed and sell said interest of said wards in said real estate, as described in this order, after having given the notice required by law, by posting up written notices in five public places in said County, three of which shall be in the Township where said real estate is situate, all which shall be posted up at least four weeks before the day of such sale; that he sell the same at private sale, for the best price, he can get thereof, on the following terms, towit; one Third of the purchase money to be paid on the day of sale, one third on the 25th day of December 1864, and the remaining one Third on the 25th day of December 1865; the deferred payments to be secured by the notes of the purchaser, secured by good freehold security; to bear interest from date, and made payable without relief from valuation or appraisement laws. And said Guardian is ordered to report said sale to this Court for approval and confirmation.
 
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Probate Order Book 4 
Page 470 & 471


Saturday 18th Day July Term 1863 July 25th
Saturday Morning, 9 O’clock, July 25th 1863

Report of Sale of Real Estate

Robert A. Worland, Guardian of  Thomas C. Worland,  Vincent Worland,  William Worland,  Mary Ann Worland,  Nancy Worland,  John Worland,  David Worland  and  Francis Worland, Minor Heirs of  Sebastian Worland, deceased

            At this time comes said Guardian and files and presents to the Court a Report of the sale of the real Estate heretofore by the Court ordered to be sold herein, which Report is verified by affidavit and reads as follows:
            "To the Court of Common Pleas of Shelby Co. July Term 1863.
The undersigned, Guardian of the persons and property of  Thomas C. Worland,  Vincent Worland,  William Worland,  Mary Ann Worland,  Nancy Worland,  John Worland,  David Worland  &  Francis Worland, minor heirs of  Sebastian Worland, dec. would report that pursuant to an order of said Court, made at the March Term thereof, in the year 1863, after having given due and legal notice of the time and place of sale, according to the directions of said order by posting up written notices in five public places in said County, three of which were in Liberty township, whereas said real estate is situate, all of which were posted up for more than four weeks before the day of sale, he did on the sixth day of June, 1863, at private sale, on said premises, in said County offer the real estate described in said order towit: [words missing-----] undivided ninth part of the east half of the east half of the north west quarter of Section thirteen, in township twelve of Range seven east (containing forty acres) situate in Shelby County, Indiana for sale, and sold the same to  John T. Broker, for the sum of Seventy dollars, that being the highest and best bid offered for the same, and being the full amount of the appraised value thereof, upon these terms viz: twenty-three dollars and thirty-three and one third cents, being one-third of said purchase money, was paid in hand by said John T. Broker, and that he executed and delivered to the undersigned his two promissory notes of that date, in equal payments of $23.33 1/3 cents each, being the residue of said purchase money, becoming due and payable on the 25th day of December 1864, and on the 25th day of December, 1865, with freehold surety, bearing interest from date, and waiving valuation and appraisement laws, which sale he asks may be confirmed by the Court, and that upon the execution of a Mortgage by the said John T. Broker, to the undersigned, on said premises, to secure said notes the undersigned be ordered to convey said lands to the said John T. Broker, by a proper deed of conveyance.
(Signed)         Robert A. Worland, Admr.

Subscribed and sworn to before me this 25th day of July 1863, in Open Court.
            A. Blair   Clerk"

            A copy of the notice referred to in said Report, and the proof of the posting up the same, reads as follows: (Here insert) And the Court having seen and inspected said Report and being satisfied that the matters therein contained are true, and that said sale has been conducted in all thing according to law and the Order of the Court, in the premises, accept and in all things fully approve and confirm the same, and the sale as therein reported, and order that upon the execution of a mortgage upon said premises by the said purchaser John T. Broker, to secure the payment of the said two promissory notes for the deferred payments of said purchase money, said Guardian shall execute to him, said purchaser, a good and sufficient deed of conveyance to said lands, and that he present such deed to this Court for approval. And this matter is continued until the next term of this Court.
        And thereupon Court adjourned.             George A. Buskirk

Contributed by Barb Huff

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