Guardianship of

Ora,  Eddy*  and  Gilbert Bishop

minor heirs of

John Ensminger,  dec'd


*Albert McEdward
-----------------------------
Guardianship of  Ora Bishop et al
Cyrenius Bishop, Guardian
Circuit Court Box 107
Petition to Sell Real Estate
Filed January 8, 1874     John Elliott Clk.
H. H. Daugherty for Petitioner

State of Indiana
Shelby County SS

In the Shelby Circuit Court
December Term 1873
          In the matter of the guardianship of  Ora Bishop,  Eddy Bishop  and  Gilbert Bishop, minor heirs of  John Ensminger, decd. 
Cyrenius Bishop, Guardian. Application to sell Ward's real estate.

          Cyrenius Bishop shows to said Court that he is the Guardian of said minors, and that they are jointly the owners in fee simple of the undivided (1/7) one seventh part in value of the following described real estate situate in Shelby County, in the State of Indiana, viz:  The West half of the South West quarter of section (26) twenty six, and the East half of the South East quarter of  Section (27) twenty seven, all in  Township (14) fourteen, North of range six (6) East-Subject to the estate for life in said lands of Sidney Ensminger, as the widow of John Ensminger, deceased.  That said interest in said lands descended to said minors for their deceased grand-father, the said John Ensminger.
          That said wards have no personal property which has come to the possession or Knowledge of said Guardian.
          That they resided with their father  Levi Bishop  in Piatt county, in the State of Illinois.  That the said Ora, Eddy and Gilbert Bishop are aged respectively fifteen, eleven and eight years.
          That said wards interest in said lands is of the probable value of nine hundred dollars and of the probable annual rental value of sixty dollars, and the other heirs and the son widow of the said John Ensminger have already sold and conveyed their interest in said lands.
          That the personal estate of the said John Ensminger, deceased, is not quite sufficient to pay the debts of said decedent and the other heirs, who are adults, have each contributed a small sum of money for the purpose of making up such deficiency and it is the purpose intention that said wards should contribute a like sum out of the proceeds of the sale of their interest in said lands, for such purposes.
          Said Guardian further represents that said land may be advantageously sold at private sale without notice, and he asks an order authorizing and directing him to sell the interest of said wards in said lands upon such terms as the court may deem proper.
Cyrenius Bishop    Guardian            
Subscribed and Sworn to before me this 8" day of January 1874.
Witness my hand and Notorial seal.         H. H. Daugherty Notary Public

~ ~ ~ ~ ~

Court of Common Pleas

Box 108

Letters  of  Guardianship

Minor Heirs of John Ensminger, Deceased C. Bishop, Guardian
Filed Jan. 6, 1874         John Elliott Clerk

State of Indiana
Shelby County SS           Application for Letters of Guardianship
          The undersigned, applicant for letters of Guardianship on the persons and estates of  Ora Bishop aged about 15 years,  Eddy Bishop aged about 11 years,  Gilbert Bishop aged about 8 years, minor heirs of John Ensminger late of Shelby County, Indiana; said minors reside in Piatt County, in the State of Illinois, and are the joint owners of Real Estate situate in the County of Shelby, Indiana of the probable value of Nine hundred Dollars, which will rent annually for about the sum of Sixty Dollars. Said Wards also owned personal property of the value of ________Dollars.

State of Indiana, Shelby County, SS
          Cyrenius Bishop being duly sworn, says that the material facts contained in the above statement and application for Letters of Guardianship on the persons and estates of the persons therein named, are correct and true, as he verily believes, and further saith not. Cyrenius Bishop
Subscribed and sworn to before me this 6th day of January 1874.
John Elliott            
Clerk of the Circuit Court of Shelby County

Guardian's  Bond
Filed and Approved by the Court this 15th day of June           John Porter County Clerk
Filed June 23" 1874           John Elliott Clk.
          Know all men by these presents, That we,  Levi Bishop,  H. M. Green  and  Solomon Welty  of the County of Piatt and State of Illinois, for the use of  Ora E., Albert M. and Gilbert Bishop in the penal sum of Fifteen Hundred Dollars, current money of the United States, which payment, well and truly to be made and performed, we, and each of us, do hereby bind ourselves, our heirs, executors and administrators and assigns, jointly, severally and firmly by these presents.
          Witness our hands and seals this 15 day of June A.D. 1874
The condition of this Obligation is such. That if the above Levi Bishop who has been appointed Guardian of Ora E., Albert McE., and Gilbert C. Bishop shall faithfully discharge the office and trust of such Guardian according to law, and shall make a true inventory of all the real and personal estate of the wards that shall come to his possession of knowledge, and return the same unto the County Court of Piatt County, at the time required by law, and of the best interest of said wards and render an account, on oath, of the property in his hands, including the proceeds of all real estate that may be sold by him, if any, and of the management and disposition of all such estates, within one year after his appointment, and at such other time as shall be required by law, or directed by the Court; and upon removal from office, or at the expiration of his trust, settle his accounts in said Court, or with the wards or other legal representatives, and pay over and deliver all the estate, title papers and effects remaining in his hands, or due from him on such settlement, to the person or persons lawfully entitled thereto, then this obligation shall be void, otherwise to remain in full force and virtue.
          Sealed and Delivered in Presence of John Porter Clerk of the County Court
H. M. Green Solomon Welty

Levi Bishop

(SEAL)
(SEAL)
(SEAL)

I hereby certify that the within is a true copy of the Bond filed in my office June 15th 1874
John Porter Clerk of the County Court Piatt County, Illinois

State of Illinois
Piatt County         SS
          I William McReynolds County Judge of the County Court of Piatt County Illinois do hereby certify that John Porter whose name is subscribed to the above certificate was the legally elected and acting Clerk of said County Court at the time of the signing of said Certificate and that the same & the seal thereby is true and genuine.
Wm. McReynolds
Co. Judge Piatt Illinois

Letters  of  Guardianship
Filed June 23" 1874 John Elliott Clk.
Letters of Guardianship
State of Illinois
Piatt County SS
                              In the County Court June Term A.D. 1874
The People of the State of Illinois, to Levi Bishop of said County, Greeting:
          Whereas, at the June term of the County Court of said County, A.D. 1874, holden at Monticello you were, by the order of said Court, duly entered of record on the 15th day of said month, duly appointed Guardian for Ora E., Albert McE., and Gilbert Bishop minor children of you the said Levi Bishop.
          Trusting your fidelity, therefore, the said Court does by these presents constitute and appoint you to be Guardian unto said minors, and authorize and empower you to take and have the care of their person and the custody and management of their property, frugally, and without waste or destruction, to improve and account for the same in all things according to law.
          Witness John Porter Clerk of the said County Court, and the Probate Seal of said Court hereunto affixed, at Monticello this 15" day of June in the year of our Lord one thousand eight hundred and seventy four.
John Porter Clerk of County Court
---------------------------------------
State of Illinois
Piatt county SS
          I William McReynolds Judge of the County Court of Piatt County do hereby certify that John Porter whose name is subscribed to the Certificate hereto attached was the legally elected and acting Clerk of said County Court at the time of the signing of said Certificate and that the same and the seal thereof is true and genuine.
Wm. McReynolds Co. Judge Piatt Co.

          I John Porter, Clerk of Piatt County Court State of Illinois, hereby certify that the within is a true and correct copy of the Letters of Guardianship made to Levi Bishop this day, as Guardian of his minor children Ora E., Albert McE., and Gilbert Bishop.
          Given under my hand at Monticello Piatt County, Illinois this 15th day of June A.D. 1874.
John Porter County Clerk

Levi Bishop
      VS
Cyrenius Bishop Guardian

Petition for Transfer of Funds to Foreign Guardian
Order Book 12 page 578
Filed June 23" 1874 John Elliott Clerk

State of Indiana
Shelby County SS
          To the Honorable, the Judge of Shelby Circuit Court within and for the County of Shelby, in the State of Indiana.
          Your Petitioner Levi Bishop would respectfully represent unto your Honor that heretofore, viz;  on the day of _____1874 one Cyrenius Bishop of the County of Shelby and State of Indiana, was by this Court appointed Guardian of Ora (otherwise Ora E.) Bishop, Eddy (otherwise Albert McE. Bishop) and Gilbert Bishop, minor heirs of John Ensminger, deceased.  That said Cyrenius Bishop has received for said wards as such guardian and there now remains in his hands belonging to said minors assets to the amount of between eight hundred and one thousand dollars, the proceeds amount your petitioner is unable to state.
          Your petitioner would further represent that said minors reside with your petitioner who is their father, in the county of Piatt in the State of Illinois - and that Said Cyrenius Bishop was appointed the Guardian of said minors for the purpose of selling their interest in certain lands in Shelby county, Indiana, which sale has been fully made and consummated under the order and direction of this Court.
          Your petitioner, who is a resident as aforesaid of the County of Piatt in the State of Illinois, would further represent to your Honor, that heretofore, viz; on the 15th day of June, 1874, he was by the County Court of Piatt County, in the State of Illinois aforesaid, duly and legally appointed Guardian of the persons and estate of the said Ora E. Bishop, Albert McE. Bishop and Gilbert Bishop. That he executed a bond as such Guardian in the penal sum of fifteen hundred dollars, with sureties to the acceptance and approval of said County Court of Piatt county aforesaid, and took upon himself the duties and responsibilities of said Guardianship, a copy of your Petitioner letters of Guardianship and of said bond and filed herewith and made part hereof.
          That said wards are the owners of no property whatever, other than that in the hands of the said Cyrenius Bishop.
          Wherefore the Petitioner submits to your Honor, that the principle of comity equity and justice, as well as the best interest of said minors, demand that their said funds be transferred to the control and custody of your petitioner as their Guardian in the State of Illinois, and to this end he prays your Honor to make an order requiring the said Cyrenius Bishop to render an account of the funds in his hands belonging to said minors and that he be ordered to pay and believes the same to the Petitioner as their said Guardian. And your Petitioner asks for all other and further proper relief.
Levi Bishop                                    
          Harry H. Daugherty stated that the facts averred in the foregoing petition are here as he is informed and verily believes.
H.H. Daugherty                                
          Subscribed and Sworn to before me this __day of June, 1874
John Elliott Clerk                              

Levi Bishop
      VS
Cyrenius Bishop Guardian           Petition for Transfer of Funds to Foreign Guardian
          Now comes Cyrenius Bishop Guardian of Ora E. Bishop, Albert McE. Bishop and Gilbert Bishop, and enters his appearance to the above entitled proceedings. He admits that the facts averred in the said petition are true and consents to the transfer of the funds of said wards as prayed for, but asks for the order and authority of the Court that the funds be so transferred.
Cyrenius Bishop           Guardian                    
---------------------------------------
June 8th 1874        
          Received of Cyrenius Bishop Guardian of Ora Bishop and others eighty five dollars it being their proportion on the John Ensminger place to pay the debts of said estate of John Ensminger.
Matthew Sedgwick Admin.        
---------------------------------------
Circuit Court
Guardianship of Ora Bishop et al
Cyrenius Bishop Guardian 
Final Report Order Book 12 page 578
          Examined Approved & guardian ordered to pay over money & deliver over to Bishop guardian & take receipts & file same & will thereupon be discharged.
D.D. Bower                            
          Filed June 23, 1874                 John Elliott Clerk
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State of Indiana
Shelby county         SS         In the Shelby Circuit Court May Term 1874
          In the matter of the Guardianship of Ora Bishop, Eddy Bishop and Gilbert Bishop, minor heirs of John Ensminger, deceased. Cyrenius Bishop     Guardian     Final Report

          Cyrenius Bishop Guardian of said minors would respectfully ask make the following report of his said trust, viz:
          Said Guardian charges himself as follows:
March 20, 1874 - Received from the sale of said ward's lands             $375.00
Int on same
May, 1874 - Received from the Sale of said wards lands 262.50
Int. received on the two sums last above named       8.92
$464.42
          Said Guardian further shows to the Court that there remained unpaid of the purchase money
of said wards lands the sum of $242.50 dollars for which said Guardian holds the note, secured
by mortgage, of  Andrew J. Ensminger and Elijah Ensminger.        $262.50

Total Charges   

$908.92

          Said Guardian asks Credit as follows:
No. 1 John Elliott, Clerk $ 17.42
2 John Elliott , Clerk 2.16
3 H. H. Daugherty, Atty. 25.00
4 M. Sedgwick, admr. Of John Ensminger. Deceased,
to pay debts of estate 85.00
Said Guardian charges for his services 5.00
Recording mortgage       1.25
Total credits $135.83


Recapitulation
Total moneys expended for said wards Balance of money in Guardians hands Note of  A. J. & Elijah Ensminger Total assets in Guard's hands belonging to wards     
Total moneys received for said wards $646.42

  135.83

$510.59
  262.50
$773.09

          Said Guardian further represents that he has under the order and direction of this Court & paid said sum of Five hundred and ten 50/100 dollars and delivered said note of A. J. and Elijah Ensminger for $262.50 each, to one Levi Bishop who is the duly appointed guardian of said minors in Piatt county in the State of Illinois, where said Levi Bishop and said minors reside, and her herewith presents to the Court the receipt of the said Levi Bishop for said moneys and notes, and he asks that he be finally discharged as such Guardian all costs having been by him paid.
Cyrenius Bishop Guardian        
          Subscribed and Sworn to before me this 23 day of June, 1874.
H.H. Daugherty        
Master Commissioner    
---------------------------------------
Levi Bishop Guardian
        VS
Cyrenius Bishop Guardian of Ora, Eddy & Gilbert Bishop
May Term 1874
                    Received of the above named Guardian Cyrenius Bishop for H.H. Daugherty the sum of $2.16 in full of the Costs accrued in the above entitled Petition for transfer of funds to plaintiff (the present guardian of said minors).
          Shelbyville, Indiana June 23, 1874                     John Elliott Clerk
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          Received of Cyrenius Bishop Guardian of Ora Bishop, Eddy Bishop and Gilbert Bishop Five hundred and ten 59/100 dollars in full of all moneys in the hands of said Guardian belonging to said minors.  Also one note executed by Andrew J. and Elijah Ensminger payable to the said Cyrenius Bishop as such guardian, for the sum of Two hundred and Sixty two 50/100 dollars.  Said note bearing date March 20th 1874, and payable on or before December 25th 1875.
Levi Bishop Guardian of Ora Bishop, Eddy Bishop & Gilbert Bishop in Piatt County, Illinois
By H. H. Daugherty, Attorney        

Transcribed by Barb Huff  for  Bob McKenzie

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