Hiram Alldredge, decd
Common Pleas ---
______________
Hiram T. Alldredge
Jackson C. Alldredge
John Montgomery
James Montgomery
Margaret Montgomery Jr
Samuel Montgomery
vs.
Margaret Montgomery
_______________
Partition
No 3 --- 12th Day
Filed February
20th 1854.
J. Vernon
Ck
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C. Wright atty
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Commifsioners
Marshall Elliott
Thomas H Fleming
David Whitcomb
[The following pages are still tied with a beautiful ribbon looped through the top of the papers]
State of Indiana }
Shelby County SS }
In the Courth of Common pleas of said County, March Term 1854.
To the Honorable the Judge of said Court,
Your Petitioners, Hiram T. Alldredge, Jackson C. Alldredge, John Montgomery, James Montgomery, Margaret Montgomery and Samuel Montgomery, would respectfully represent and show unto your Honor, that Hiram Alldredge late of said County and now deceased departed this life intestate on or about the 7th day of November 1831, leaving Margaret [insert] Alldredge ["Montgomery" has been crossed out] his widow him surviving, and also Your petitioners Hiram T Alldredge and Jackson C. Alldredge, and William W. Alldredge, Dewitt C. Alldredge, and Elizabeth Ann Alldridge, his only children and heirs at law him surviving. ---
That the said Hiram Alldredge was the owner in fee simple at the time of his death of the following described tracts and parcels of land situate and being in said County of Shelby, to wit, The South East quarter of Section six in Township twelve North of Range seven East, containing one hundred and Sixty acres, also the East half of the South West quarter of the same Section Township and range, containing Seventy two acres, also the East half of the North East quarter of the Same section township and range containing sixty two acres, also the South West quarter of the East half of the South East quarter of section thirty-one in Township thirteen North of Range seven East, containing twenty acres, and containing in all three hundred and fourteen acres of land, and also
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out Lots numbered one, two, six, seven and Eight on New York street in the town of Shelbyville in said County, also In lot numbered six on Washington Street in said town, and also the west thrid part of in lot numbered Seven on Franklin street in said town of Shelbyville. Your petitioners further show after the death of the said Hiram Alldredge the said Margaret Alldredge intermarried with one David Montgomery who was the father of your petitioners John Montgomery, James Montgomery and Margaret Montgomery, and that on or about the day of November 1847, the said David Montgomery departed this life, leaving the said Margaret Montgomery formerly Margaret Alldredge, him surviving as his widow. That during the marriage of the said David Montgomery and the said Margaret they applied by petition to the Probate Court of said County of Shelby at the May term thereof for the year 1843 to have the dower of the said Margaret in said lands as the widow of the Said Hiram Alldredge deceased, assigned to her, upon which said petition such proceedings were had that the Commissioners who were appointed by said Court upon the [?] reside all therein, assigned and set off to the said Margaret the following described parcels of the aforesaid tracts and lots of land as nad for her dower in all of said lands to wit, The said out Lots numbered One, two, six, seven, and Eight on New York street, and the west third part of in lot No. seven and Frank-
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lin street in said town of Shelbyville, also the said South West quarter of the East half of the South East quarter of section thirty one in Township thirtheen North of Range seven East containing twenty acres, also all that part of the said East half of the North East quarter of section six in Township Twelve North of Range seven East which lies on the North side of the State road running out of the west end of Washington street in said town of Shelbyville supposed to contain about fifteen acres of land also two acres of land in said last mentioned tract which lies on the south side of said road, including the barn standing thereon, and also ten acres in the North East corner of said South East quarter of section six, in township and range aforesaid to be laid off in a square, all of which said last mentioned lots and parcels of land are now held and enjoyed by the said Margaret Montgomery as and for her dower in all said lands so owned by the said Hiram Alldredge at the time of his death and as by a reference to the records of said Court will more fully appear.
Your petitioners further show that after the death of the said Hiram Alldredge, to wit, on or about the 11th day of September 1835, the said Dewitt C. Alldredge departed this life intestate without issue, whereby his share or portion in the lands aforesaid as one of the heirs at law of the said Hiram Alldredge dec'd descended to and vested in his
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Brothers Hiram T. Alldredge, Jackson C. Alldredge, William W. Alldredge and his Sister Elizabeth Ann Alldredge, as his only heirs at law. That afterwards, to wit, on or about the 24th day of January 1838, the said Elizabeth Ann Alldredge departed this life intestate, without issue, whereupon her share or portion of all said lands and premises descended to and vested in her Brothers, Hiram T. Alldredge, Jackson C. Alldredge, and William W. Alldredge as her only heirs at law. That afterwards to wit on or about the day of September 1846 the said William W. Alldredge departed this life intestate without issue, whereupon his share or portion of all said lands and premises descended to and vested in his Brothers, Hiram T. Alldredge, Jackson C. Alldredge, and in his half brothers John Montgomery and James Montgomery and his half sister Margaret Montgomery Jr and in his mother Margaret Montgomery Senr and that your petitioner John Montgomery was born on or about the 2d day of November 1835, that your petitioner James Montgomery was born on or about the 14th day of February 1840, that your petitioner Margaret Montgomery Jr was born on or about the 28th day of July 1844, and that your petitioner Samuel Montgomery is the legal Guardian of the said John, James and Margaret Montgomery Jr who are infants, Your petitioners further show that the said Margaret Montgomery Senr the widow of the
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said David Montgomery deceased, and the late widow of the said Hiram Alldredge deceased is not in her right mind and is at least partially insane, and therefore is incapable of managing her affairs or of attending to the interests in said lands and premises, Your petitioners further show that they believe the said Hiram T. Alldredge one hundred and nineteen three hundredths parts of all said lots and parcels of land, subject to the right of dower of the said Margaret Montgomery Senr therein, as the same has heretofore has been assigned and set off to her as aforesaid, that the said Jackson C. Alldredge is entitled to one hundred and nineteen three hundredths parts of all said lots and parcels of land subject to the said dower right of the said Margaret Montgomery Senr, that the said John Montgomery is entitled to the one seventy fifth part of all said lots and parcels of land subject to the said dower estate, that the said James Montgomery is entitled to the one seventy fifth part of all said lots and parcels of lands subject to said dower estate, that the said Margaret Montgomery Jr is entitled to the one seventy fifth part of all said lots and parcels of lands subject to said dower estate and that the said Margaret Montgomery Senr is entitled to the one sixth part of all said lots and parcels of lands subject to said dower estate therein now held by her as aforesaid. ~ ~ ~
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Your petitioners further show that they are desirous of having partition of such lands made between said parties according to their several interests therein. and therefore pray that the said Margaret Montgomery Senr be summoned to appear in your said Court and answer the matters and things set forth in this petition. And that some suitable and discreet person may be appointed her Guardian to answer for her and to protect her interests in this cause, and that upon the final hearing thereof the partition of all said lands and premises between said parties according to their several interests therein may be deemed by your said Court, and that an equitable partition of that portion of said lots and parcels of land which has heretofore been assigned to the said Margaret Montgomery Senr, as her dower estate as aforesaid cannot be made between said parties in interest therein in connection with the residue of said lands, then and in that case your petitioners ask that the remainder of said lands and premises may be divided equitably among all said parties entitled thereto, and that your said Court will appoint three disinterested resident freeholders of said County who are not of kin to any of said parties to make said partition, and report the same to
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your said Court as such time as they may be ordered so to do, and grant to your petitioners such other and further relief as the case requires ~ ~ ~
Hiram T. Alldredge
Jackson C. Alldredge
John Montgomery
James Montgomery
Margaret Montgomery Jr
Samuel Montgomery
C. Wright Atty }
for petitioners }
Transcribed by Phyllis Miller Fleming
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