| Thomas Cotton (SEAL) | |
| S. B. Morris | Michael Rice (SEAL) |
~ ~ ~ ~ ~
Inventory
Inventory
An Inventory of the Goods, chattels and Effects of William R. Ensminger late of Shelby County and State of Indiana Deceased. Taken by Thomas Cotton Administrator of the Estate of the said Deceased with the assistance of Robert Brown and Israel Cotton Appraisers called and Duly sworn for that purpose
| 1 | Churn & Picklin Tub | 50 | |
| 1 | Gum and Salt and one Cag and vinegar | 37 ½ | |
| 1 | Scythe and Cradle | 2 | 50 |
| 1 | Lot of horse Geers | 2 | 00 |
| 1 | Lot of horse Geers & one Bridle | 1 | 50 |
| 1 | Rake & small articles & large onions | 37 ½ | |
| 1 | Bread Tray & two Tin Bucketts | 50 | |
| 1 | Sickle | 37 ½ | |
| 1 | Large Skillet & led | 50 | |
| 1 | Little skillet and led | 31 ¼ | |
| 6 | Crocks | 25 | |
| 6 | Large Plates | 87 ½ | |
| 6 | Small Plates | 62 ½ | |
| 1 | Set of Tea cups and saucers & tea spoons | 50 | |
| 1 | Tea Pot Sugar Bowl 3 Tea cups & saucers | 75 | |
| 1 | Bread Server 4 Table spoons 2 Tin cups | 25 | |
| 3 | Bowls 1 Tea Canister 1 Candlestick 1 Pepper Box | 37 ½ | |
| 1 | Lot of ware 2 Tumblers 2 Cream Mugs &c | 12 ½ | |
| 1 | Straner and cup | 12 ½ | |
| 1 | Set of Knives and forks | 75 | |
| 1 | Razor & Box and strap | 25 | |
| 1 | Wire sieve | 50 | |
| 1 | Coffee Mill | 31 ¼ | |
| 1 | Large Flat Iron | 31 ¼ | |
| 1 | Small flat iron | 18 ¾ | |
| 1 | Fire Shovel | 37 ½ | |
| 3 | Cheers | 1 | 00 |
| 1 | Little Wheel | 1 | 25 |
| 17 | 75 | ||
| 1 | Bed and Bedding and Bedstead | 8 | 00 |
| 20 | Skanes of yarn | 7 | 50 |
| 3 | Quilts one Coverled and one Blanket | 7 | 00 |
| 4 ¼ | Yards of Janes | 3 | 00 |
| 1 | Looking Glass | 45 | |
| 1 | Bed and Bedding & trunnel Bedstead | 3 | 00 |
| 1 | Baskett and onion sets | 25 | |
| 1 | Little Pot and Bales | 50 | |
| 1 | Large Kettle and Bales | 1 | 25 |
| 1 | Lot of Bacon | 43 ½ | |
| 2 | Troughs & soap | 1 | 00 |
| 1 | Jar and Lard | 25 | |
| 1 | Crock and honey | 45 | |
| 3 | Bee stands | 5 | 50 |
| 1 | Lot of Cabbage | 37 ½ | |
| 1 | Peacock Plough and clevis | 6 | 00 |
| 1 | Shovel Plough and clevis | 50 | |
| 2 | Single trees | 75 | |
| 1 | Pair stretchers | 75 | |
| 1 | Sled and Bed | 1 | 00 |
| 1 | Lot of Flax | 1 | 00 |
| 1 | Barrow and five pigs | 4 | 00 |
| 1 | Red and white cow and calf | 14 | 00 |
| 3 ½ | Acres of Corn standing in the field | 17 | 50 |
| 3 | Acres of Corn standing in the field | 12 | 00 |
| 1 | Lot of Irish Potatoes | 2 | 00 |
| 2 | Haystacks | 5 | 00 |
| 1 | Sow and five pigs | 6 | 00 |
| 1 | Wheat stack | 2 | 50 |
| 1 | Bay Mare | 40 | 00 |
| 1 | Woman saddle and Bridle | 10 | 00 |
| 6 | Head of hogs | 15 | 00 |
| 1 | Rifle Gun and pouch | 10 | 00 |
| 1 | Bay Mare | 30 | 00 |
| 216 | 93 | ||
| 6 | Head of Sheep | 8 | 00 |
| 1 | Cow | 10 | 00 |
| 1 | Calf | 2 | 00 |
| 1 | Ax | 1 | 75 |
| 1 | Tea Kittle and Coffe pot | 1 | 00 |
| 2 | Meal Bags one weeding hoe | 15 | |
| Amount Brot over 1st Page | 17 | 75 | |
| 2nd Page | 216 | 93 | |
| 3rd Page | 23 | 50 ¾ | |
| 258 | 18 ¾ |
Robert Brown his X mark
Israel Cotton Appraisers
Israel Cotton Appraisers
Given under my hand this 5th day of October 1840
Thomas Cotton Administrator
State of Indiana Shelby County towit
Personally appeared before me James M. Baxter a Justice of the peace in and for said County Thomas Cotton Administrator of the Estate of William R. Ensminger Deceased and Robert Brown and Israel Cotton Appraisers of said Estate say that the above Inventory and Appraisement as signed by them is a Just and true Inventory and valuation of the Goods chattels and Effects of the said William R. Ensminger to the best of their Judgement And the said Thomas Cotton says that the above is a true Inventory of the personal Estate of the said William R. Ensminger so far as the same has come to his hands to be Administered.
James M. Baxter (SEAL)
I, Roena Ensminger widow of William R. Ensminger late of Shelby County Deceased do take the following property at the valuation towit:
| 1 | Large skillett and led | 50 | |
| 6 | Small plates | 62 ½ | |
| 1 | Tea Pot sugar Bowl & Tea Cups and saucers | 75 | |
| 1 | Small flat iron | 18 ¾ | |
| 1 | Bed and Bedding and Bedstead | 8 | 00 |
| 1 | Lot of Bacon | 43 ¾ | |
| 3 | Bee stands | 5 | 50 |
| 1 | Pea Cock Plough and clevis | 6 | 00 |
| 1 | Bay mare | 40 | 00 |
| 1 | Woman saddle and Bridle | 10 | 00 |
| 1 | Rifle Gunn and pouch | 10 | 00 |
| 6 | Head of sheep | 8 | 00 |
| 1 | Cow | 10 | 00 |
| $100 | 00 |
Roena Ensminger
widow her X mark
~ ~ ~ ~ ~
Sale Bill
W. R. Ensminger DeceasedSale Bill
Filed November 14th 1840 S. B. Morris Clerk
Account of sales of the personal property of William R. Ensminger late of the County of Shelby and State of Indiana Deceased at a public Auction held at the late Dwelling house of the said Deceased on the Twenty seventh day of October AD 1840 Sold to
| Jacob Rawzell | 1 churn and pickling tub | 44 | |
| James Culver | 1 Gum & salt & Cag and vinegar | 31 ¼ | |
| Samuel Wicker | 1 Rake lot of Irons and onions | 06 ¼ | |
| Maryann Crail | 1 Bred Tray 2 Tin Bucketts | 78 | |
| Roena Ensminger | 1 sickle | 12 ½ | |
| Henry Inlow | 1 skillett and led | 75 | |
| Samuel Wicker | 6 Crocks | 32 | |
| David Brown | 6 Large plates |
1 | 00 |
| Jane Brightwell | 1 set tea cups & saucers teaspoon | 73 | |
| Cornelius Howard | 1 Bread server 6 spoons 2 tin cups | 27 ½ | |
| Israel Cotton | 3 Bowls tea canister [?????] | 46 | |
| James Culver | 1 strainer 2 tumblers cream mug cup | 32 | |
| James Culver | 1 lot of articles | 27 | |
| Jacob Rawzell | 1 lot of articles | 37 | |
| James Bates | 1 set of Knives and forks | 93 ¾ | |
| Roena Ensminger | 1 Razor & Box & Strop | 50 | |
| Nathan L. Murphy | 1 seive | 43 ¾ | |
| Moses Linville | 1 Coffee Mill | 42 | |
| Joseph W. Houston | 1 Flat Iron | 43 ¾ | |
| George Zike | 1 Fire Shovel | 81 ¼ | |
| George Zike | 3 Cheers | 1 | 07 |
| Israel Cotton | 1 Little Wheel | 2 | 06 ¼ |
| Michael Rice | 1 lot of shoemaker tools & leather | 1 | 25 |
| Fielding Friday | 1 lot of onion sets | 37 ½ | |
| David Linville | 1 trough and soap | 1 | 26 |
| George Zike | 1 trough and soap | 66 | |
| Joseph W. Houston | 1 Jar and lard | 36 | |
| Joseph W. Houston | 1 Crock and Honey | 75 | |
| Henry Inlow | 1 Little pot and Bales | 88 | |
| William Holbrook | 1 Large Kittle and Bales |
1 | 84 |
| Maryann Crail | 1 Coffee Pot | 25 | |
| George Zike | 1 Tea Kittle | 87 ½ | |
| Robert Brown | 2 Meal Bags and 1 hoe | 80 | |
| Joshua Ensminger | 1 Ax | 1 | 68 ¾ |
| John A. Cotton | 1 Looking Glass | 60 | |
| Fielding Friday | 2 scythe and cradle | 2 | 16 |
| Nathan L. Murphy | 1 pair of horse geers | 1 | 75 |
| John Golding | 1 Pair of horse geers & Bridle | 1 | 81 ¼ |
| Roena Ensminger | 2 quilts, coverlid, Blankett | 4 | 00 |
| William Holbrook | 4 ½ yards of Janes | 4 | 08 |
| Robert Brown | 5 skanes of yarn | 1 | 26 |
| James Culver | 5 skanes of yarn | 1 | 41 |
| James Culver | 5 skanes of yarn | 1 | 41 |
| James Culver | 5 skanes of yarn | 1 | 67 |
| Jacob Rawzell | 1 Bed and Bedding and Bedstead | 3 | 18 ¾ |
| Israel Cotton | 1 Lot of Potatoes | 25 | |
| Thomas C. Cotton | 1 Lot of cabbage | 35 | |
| Robert Brown | 1 Lot of flax |
1 | 25 |
| Joshua Ensminger | 1 shovel Plough | 76 | |
| Joshua Ensminger | 2 single trees | 44 | |
| John Phares | 1 pair of stretchers | 64 | |
| Jacob Rawzell | 1 sled and Bed | 1 | 63 |
| Samuel Brown | 1 Calf | 3 | 28 |
| Joseph W. Houston | 1 Cow | 14 | 57 ½ |
| Joseph W. Houston | 1 Calf | 3 | 31 ¼ |
| Joshua Headlee 2 | 3 Hogs first choice | 13 | 00 |
| James Bates | 3 Hogs second choice | 12 | 00 |
| George Zike | 8 Shoats | 3 | 62 ½ |
| Thomas C. Cotton | 1 sow and 4 pigs | 7 | 25 |
| David Linville | 1 Wheat stack | 3 | 25 |
| Samuel Brown | 1 Hay stack | 5 | 56 ¼ |
| Richard L. Stoddard | 1 Hay stack | 4 | 12 ½ |
| Hiram Dewitt | 1 Bay Mare | 35 | 00 |
| James Bates | 3 Acres of Corn | 9 | 00 |
| James Holbrook | 3 ½ Acres of Corn | 12 | 25 |
| $160 | 12 ¼ | ||
| Sold Amount 1st page | 184 | 02 | |
| 2nd page | 160 | 52 ¾ |
Thomas Cotton Administrator
Test Thomas C. CottonState of Indiana Shelby County towit
The above named Thomas C. Cotton makes oath that the above is a Just and true Account of the sale of the personal estate of William R. Ensminger late of said County deceased.
Sworn before me an Associate Judge of said County Twenty seventh day of October 1840.
Thomas Cotton Associate Judge of S.C.P.
(SEAL)
~ ~ ~ ~ ~
Petition For Settlement
Petition For Settlement
Thomas Cotton Adminstr.
Filed in Open Court May 14th 1849 J. Vernon Clk
| State of Indiana | In The Probate Court of said County |
| Shelby County SS | May Term 1849 |
To the honorable the Judge of said Court Your Petitioner Thomas Cotton administrator of the Estate of William R. Ensminger late of Shelby County deceased would respectfully represent to Your Honor that on the 30th day of December 1842 he did as such administrator pay over to Isaac Dewitt who was the and now is the Guardian of the persons and estates of Nancy Catharine and William Henry Ensminger minor heirs of the said William R. Ensminger dec’d the sum of fifty six dollars & eighty one and one half cents as part of the distributive share of said minors of the estate of said decedent and that he took from the said Isaac Dewitt a bond with Michael Rice as his surety to request all or any part of the above amount if the said should be necessary for the payment of the debts of said decedent or to complete the settlement of said estate. And also that on the 7th day of June 1842 he did as such administrator pay over to the said Isaac Dewitt forty two dollars and eighty one and one half cents as part of the distributive share of Roena Dewitt, wife of the said Isaac Dewitt late widow of the said William R. Ensminger deceased, and took from the said Isaac Dewitt a bond with the said Michael Rice as his surety condescened to refund and or any part of the above amount if necessary to complete the settlement of said Estate. And your petitioner would further represent that at the November Term of your honorable Court for the year 1844 he did as such administrator file with the Clerk of said Court his papers preparatory to a final settlement of said estate and that he did file vouchers for all the monies received and paid out by him as such admin except the sum of $96.54 ¾ cents which said last mentioned sum could and should have been offset by the amount of the two refunding bonds heretofore mentioned and set forth that your petitioner intended to cancel the said bond and take from the said Isaac Dewitt a receipt as Guardian of said minor children for their distributive share of the balance of said estate and also from the said Isaac & Roena Dewitt a receipt for the distributive share of said estate coming to the said Roena and that your honorable Court at the said last mentioned term thereof made an order directing your petitioner to make distribution of the balance of said estate among the persons entitled to the distribution thereof and to file in said Court these receipts for the same which should constitute a final settlement thereof and your petitioner would further show that from subsequent acts of the said Isaac Dewitt he did not deem it necessary to ask him to give receipts as above stated your petitioner not believing that the said Isaac would give them. And your petitioner further shows that having failed to obtain said receipts as was intended the said account filed by him at the time aforesaid is incorrect in this towit that the said administrator claimed no credit for the said sum of $96.52 ¾ cents as at the time of said accounting he might and should have done.
Your petitioner therefore prays your honor to so for open the said account and permit him to include among the receipts for vouchers paid by him as such administrator two said bonds of the said Isaac Dewitt and that the same be received as receipts for so much money by him paid out to the said Isaac as Guardian and for the use of the said Roena and when so filed that the same be taken as and for a final settlement of said estate and that your petitioner be discharged from further liability therein.
And such other and further relief as to your honor may deem right in the premises And your petitioner will ever pray.
Thomas Cotton Administrator
Sworn to and subscribed in Open Court before me May 14th 1849 J. Vernon Clk~ ~ ~ ~ ~
Final Exhibit
Filed in Open Court Aug 15" 1844 J. Vernon Clerk
Refiled in Open Court May 14th 1849 J. Vernon Clk
The account of Thomas Cotton, Administrator of all and singular the Goods and chattels Rights and credits which were of William R. Ensminger Deceased.
The said Administrator charges himself with the amount of the personal Estate of the Deceased as per
| Inventory on file in the Clerks Office | $ 258.18 | ¾ |
| Property Sold at Sale over appraisement | 20.34 | |
| $ 278.52 |
The said Administrator claims credit for the following disbursements made out of said Estate towit:
| 1st | Widow selected from Inventory at Appraisement | $100 | 00 |
| 2 | Pd Michael Rice Acct | 3 | 00 |
| 3 | Pd David Linville Acct | 2 | 50 |
| 4 | Pd Presley Morris Acct | 3 | 00 |
| 5 | Pd Nathan L. Murphy Acct | 15 | 00 |
| 6 | Pd. Joseph W. Houston Acct | 13 | 00 |
| 7 | Pd Thomas C. Cotton Clerk of sale | 1 | 50 |
| 8 | Pd Daniel Keck Cryer of Sale | 1 | 50 |
| 9 | Pd Israel Cotton appraiser of personal property | 1 | 00 |
| 10 | Pd Robert Brown appraiser of personal property | 1 | 00 |
| 11 | Pd Michael Rice Acct | 5 | 87 ½ |
| 12 | Pd Henry T. Gaines Acct | 1 | 12 |
| 13 | Pd James Scull Acct | 87 ½ | |
| 14 | Clerks Fees during Administration | 11 | 07 |
| 15 | Sheriff Fees during Administration | 1 | 54 |
| Administrator for services in settling Estate | 20 | 00 | |
|
By amount of two refunding bonds allowed by the Court at the May term 1849 | $181 | 98 | |
| 99 | 63 | ||
| Leaving a balance in the hands of Administrator | $281 | 61 |
May 14th 1849 Thomas Cotton Administrator
Sworn to and subscribed in Open Court before me May 14th 1849
J. Vernon Clk~ ~ ~ ~ ~
Bill of Exceptions
Cotton VS Dewitt & Wife
Filed in Open Court August 11, 1849 J. Vernon Clk
In the matter of the Estate of William R. Ensminger dec’d.
Be it remembered that on the 14th day of May in the year 1849, it being the first judicial day of the May Term of the Probate Court of Shelby County in the State of Indiana, Came into Open Court Thomas Cotton the administrator of the said Estate and filed his petition which is in the words and figures following towit (here insert it) said Thomas Cotton also asked leave to amend an account current filed in said Court on the 15th February 1844 by striking out the following viz "Leaving a balance in the hands of said administrator of $96.54" and to insert therein the following as a credit viz "By amount of two refunding bonds allowed by the Court at the May Term 1841 $99.65" which leave was then and there by said Court granted, and said account current so altered and amended was then sworn to in Open Court said Cotton as such administrator then asked the Court for leave to make a final settlement in said Estate, whereupon the Court made the following order towit (here insert in full) and afterwards towit on Thursday the 3d Judicial day of said Term of said Probate Court came into Open Court Roena Dewit formerly Roena Ensminger, the widow of said decedent William R. Ensminger, and Isaac Dewitt the present husband of said Roena by Hendricks their Attorney, and moved the Court to set aside all the aforesaid proceedings, petition, amendments & order of said Court in the premises, and the Court not being sufficiently advised in the premises took the same under advisement till the next term of said Court. And now on the first judicial day of the August Term of said Probate Court in the year 1849, the said Court being sufficiently advised of the matters aforesaid now has overruled the motion of said Rowena and Isaac Dewitt, to all of which ruling ordering said decision of said Court the said Isaac and Rowena Dewitt by their said Attorney except and pray that this their bill of exceptions may be signed and sealed by this Court, which done August 11th 1849
Cyrus Wright Probate Judge
(SEAL)
It is agreed by Counsel that the Clerk in making up the record and transcript
may insert and copy into the foregoing bill of exceptions in the proper places
the petitioners orders &c referred to therein August 11" 1849
Thos. A. Hendricks Atty for Dewitt & wife
Wright & Davis Attys Defendants
Wright & Davis Attys Defendants
Transcribed by Barb Huff for Bob McKenzie
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