Guardianship  of

Lucius Lewis
Flora Lewis

St Clair Ensminger, Guardian


Petition to Sell Real Estate

Shelby Circuit Court 
Probate Box 190


Filed October 22” 1880 

Disposed of December Term 1880
Fred H. Chueden Clerk
~ ~ ~ ~ ~

 

State of Indiana, Shelby County
                We William A. Major and Alfred V. Robins swear that we will honestly appraise the Real Estate of Lucius Lewis and Flora Lewis minor heirs of Mary A. Lewis deceased. Which may be exhibited to us.

Wm. A. Major Alfred V. Robins Appraisers
Subscribed and sworn to, this 22nd day of October 1880 Fred H. Chueden Clerk

                An Inventory of all of the Real Estate of Lucius Lewis and Flora Lewis, minor heirs of Mary A. Lewis deceased and described as follows, to-wit:  The undivided one ninth (1/9) part of the following tracts of land towit:
                The East half of the North East quarter of Section (16) sixteen except thirty one (31) acres off of the entire North End of said tract. Also the South half of the North west quarter of the North East quarter of said Section sixteen (16). Also the North half of the South East quarter of said section sixteen (16) and the following towit:  Beginning at the South East corner of the Survey and at Phillip Ensminger and McNeeley’s corner, thence running with one Ballard’s line North, thence West with said Ballard’s East and West line until it strikes the Creek thence down said Conns Creek with the Meanderings of the same until it strikes the said East and West line thence East with said line to the place of beginning containing ten (10) acres being in the South West quarter of said Section sixteen (16) and all lying and being in Township Twelve (12) North of Range Eight (8) East, and containing in all 159 acres more or less, all in Shelby County, Indiana. The said undivided one ninth (1/9) part of said Real Estate is appraised by us at $45.00 an acre or in the aggregate at $795.00. 
Wm. A. Major         Alfred V. Robins     Appraisers        

~ ~ ~ ~ ~

Petition to Sell Real Estate

Order Book 20 Page 557
Filed October 22” 1880 Fred H. Chueden Clerk
Ferris & Wray Attys for Guardian

In the Matter of the Guardianship of Lucius and Flora Lewis minors
In the Circuit Court October Term 1880

To the Honorable, The Judge of the Shelby Circuit Court—
                Your petitioner, St.Clair Ensminger as the Guardian of the persons and Estates of Lucius and Flora Lewis minor heirs of Mary A. Lewis deceased would respectfully show to the Court that his said wards are together the owners in fee simple of the following Real Estate situate in Shelby County, Indiana and descended to them from their grandfather Phillip Ensminger late of said county deceased, towit:
                The undivided one ninth (1/9) part in value of the following described tracts of land towit: the East half of the North East quarter of Section sixteen (16) except Thirty one (31) acres off of the entire North end of said tract. Also the South half of the South West quarter of the North East quarter of said section sixteen (16). Also the North half of the South East quarter of said section (16) sixteen, and the following towit: Beginning at the South East corner of the Survey and of Phillip Ensmingers and McNeeleys corner thence running with one Ballard’s line North thence West with said Ballard’s East and West line until it strikes the Creek, thence down said Conn’s Creek with the meanderings of said creek until it strikes the said East and West Line thence East with said line to the place of beginning containing ten (10) acres being in the South West quarter of said Section sixteen (16) and all of said tracts lying and being in Township Twelve (12) North of Range Eight (8) East and containing in all 159 acres more or less. That all the personal Estate belonging to said wards that has come to knowledge and possession of this Guardian is about $75.00 in money realized as their share of the Estate of their said deceased Mother, and also about $150.00 of personal Estate which is coming to them from and dependent upon the settlement of the Estate of their deceased grandfather Phillip Ensminger. That the annual rental value of said wards real Estate is about $25.00 which amounts Guardian has received as rents during the years he has acted as such, and which are included in the personal Estate of wards named as aforesaid. That Guardian has expended in the support of said wards as part of the moneys which have come into his hands as above stated, and for which he has proper vouchers. That said wards Lucius and Flora are aged respectively Sixteen and Fourteen years, that said Lucius is living with his father in another county in this state, and said Flora is living with friends and relatives in this county.
                And your petitioner shows that he must depend upon strangers and tenants to cultivate wards land, and that it is difficult for him to secure and collect the rents, as well as expensive, there being so small an amount of land. That he can make a better investment of the same by selling said land and placing the money out at interest on good security. That he can sell the same for the full and fair market value thereof and that all the heirs who have owned an interest in common in said land with said wards have sold the same that it would be for the interest of said wards Estate to sell it and loan out the money. That said wards real Estate does not exceed in value of $1000.00 and that it would be for the best interests of their Estate and a saving of costs to sell the same at private sale without notice. Wherefore your petitioner asks an order of Court to sell said Real Estate at private sale without any notice and to make disposition of the proceeds as herein stated.
St.Clair Ensminger

Subscribed and sworn to before me this 22nd day of October 1880
Albert F. Wray         Notary Public                    



Report of Sale of Real Estate
Order Book 21 page 142 Filed December 20, 1881
Approved, Deed Ordered, Deed Made & Approved 
Fred H. Chueden Clerk Ferris & Wray Attys

In re Guardianship of Lucius and Flora Lewis                 Probate No. 133
St.Clair Ensminger Gdn.

                St.Clair Ensminger as the Guardian of the persons and Estates of Lucius and Flora Lewis minor heirs of Mary A. Lewis deceased reports to the Court that pursuant to the order of the Shelby Circuit Court made at the October Term 1880 thereof he has sold the real Estate of said wards being the undivided one ninth (1/9) interest or part of the following tracts of land all situate in Shelby County, Indiana towit: The East half of the North East quarter of section sixteen (16) except thirty one acres off of the Entire North end of said tract, also the South half of the South West quarter of the North East quarter of said section Sixteen (16). Also the North half of the South East quarter of said section Sixteen (16) and the following towit: Beginning at the South East corner of the Survey and at Phillip Ensminger and McNeeley’s corner thence running with one Ballards line North, thence West with said Ballard’s East and West line until it strikes the Creek thence, down said Conns Creek with the meanderings of the same until it strikes the said East and West line, thence East with said line to the place of beginning containing ten (10) acres being in the South West quarter of said Section Sixteen (16), and all being in township Twelve (12) North of Range Eight (8) East and containing in all one hundred and fifty nine (159) acres more or less. That pursuant to said order he sold the same at private sale without notice to Robert Wagoner for the price and sum of seven hundred and ninety five Dollars ($795.00) upon the following terms- one half of said purchase money to be paid on the 25” day of December 1880, and the other half the said purchaser secured by note with good freehold surety towit: Milton Wagoner payable Dec. 25” 1881 with 6 per cent interest thereon from date. That said sum of $795 is the full appraised value of said land and Guardian believes is the best sale of the same that can be made and he refers to the appraisement on file. He shows that he has in all things complied with the orders of said Court in the sale of said Real Estate and he therefore asks that this Report of said sale be confirmed and that the Court order this Guardian to execute to said purchaser a deed for said Real Estate.
St.Clair Ensminger

Subscribed and sworn to before me this 20” day of Decbr 1880 
                                        John S. Ferris     Notary Public


Contributed by Barb Huff  for Bob McKenzie

Probate Index       Main Page