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)
~ ~ ~ ~ ~
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.
~ ~ ~ ~ ~
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
Probate Index
Main Page