Wayne County, Indiana, May 11, 18471629
Will of John Beaty
Robert E Schoolfield Admr
v.
Samuel Schoolfield et al
Be it remembered that heretofore to wit on Tuesday the 11th day of May AD 1847 the same being the 2nd Judicial day of the May Term 1847 of the Wayne County Probate Court held before the Honerable George W Whitman sole Judge of said Court The said Administrator comes and files his petition for the sale of real estate in these words to wit To the Honerable Judge of the Wayne Probate court Your petitioner Robert E Schoolfield Administrator upon the Estate of John Beaty deceased represent (?) that the goods and chattels belonging to said estate after deducting the One Hundred and fifty dollars allowed to the widow amount to $80.86 and that the notes accounts and Judgements belonging to said Estate amount to $1581.31 a considerable portion of which cannot be collected Your petitioner further shows that the debts and demands against said estate remaining unpaid amount to at least $1800. besides the expenses of Administration Your Petitioner further shows that the said John Beaty died the owner by title bond from Harvey Bell of the following described real estate situate in Dublin Wayne County Indiana to wit Lot Number one in block number five upon which there is yet due from said Estate to said Bell the sum of $570.00 which said bond is here shown to the Court and made a part hereof and is marked exhibits "A" herein Your Petitioner further shows that said John Beaty was also the owner by title bond of the following described lot in the town to wit The East Half of Lot number seven in block number five upon which there is due to Alfred Pierce the maker of said Bond the sum of $50.00 which said bond is here shown to the Court and made part hereof and marked Exhibit B herein Your petitioner further shows that said John Beaty was ? owner by title bond from Samuel Schoolfield of a small lot of ground lying immediately on the west side of Stephen Taylor's lot in Dublin aforesaid which said bond is here shown to the Court and marked and made a part hereof as Exhibit C Your petitioner has had the above described lots duly appraised as per appraisement(?) thereof duly recorded along with the inventory & appraisement of the personal estate The first described and appraised at $675.00 the second at $200.00 and the third and last at $50.00(?) Your petitioner further shows said John Beaty left the following named heirs viz Nancy J Beaty aged fifteen years Robert B Beaty aged twelve years Mary Beaty aged eight years Martha A Beaty aged five years Lucy E aged two years and Sarah A Beaty aged ten months old of whom together with Alfred Pierce Samuel Schoolfield and Harvey Bell are made defendants hereto Your petitioner prays that an order to sell at private sale said lots for the payment of the debts of said Estate may be granted him and that said Samuel Schoolfield Alfred Pierce and Harvey Bell may be ordered to execute and deliver to such persons as may purchase said lots good and sufficient deeds of Conveyance fee simple for the same on payment of the several amounts due therein and grant such other relief as is ?
And the following is the Exhibit A referred to in these words to wit Know all men by these presents that we Harvey Bell and Susan Bell his wife of the County of Henry and State of Indiana are held and firmly bound unto John Beaty of the County of Wayne and State of Indiana aforesaid in the penal sum of One thousand dollars for which we bind ourselves our Heirs Executors and Administrators firmly by these presents sealed with our seals and dated this 4th day of May 1846 The conditions of the above obligation are such that if the above bound Harvey Bell and Susan Bell his wife or their legal representatives shall make or cause to be made unto the above named John Beaty a good and warrantee Deed for lot number one in block number five in the town of Dublin Wayne county Indiana so ? as the said Beaty shall have made full payment of the sum of Five hundred and seventy dollars as specified by Five promissory notes executed to the said Beaty by Edwin Lemon and dated as follows to wit One due on the 1st March 1847 for One Hundred dollars one due 1st March 1848 for one Hundred dollars one due 1st March 1849 for one Hundred dollars one due 1st March 1850 for one Hundred dollars and one due 1st March 1851 for one hundred dollars and a promissory note due from said Beaty for seventy dollars on the 1st day of March 1947 Then and in that case this obligation to be null and paid otherwise to remain in full force and virtue in law Harvey Bell (seal) Susan E Bell (seal) attest Mable S Cameron ~ The following is Exhibit B as referred to in said petition in these words to wit Know all men by these presents that I Alfred Pierce of the county of Wayne and State of Indiana am held and firmly bound unto John Beaty of the county and State aforesaid in the penal sum of Three hundred dollars for the payment of which I bind myself my heirs and executors and Administrators firmly by these presents sealed with my seal and dated this 15th day of July 1844 The conditions of the above obligation are that if the above bound Alfred Pierce or his legal representatives shall make unto the above named John Beaty or cause to be made by the Whitewater Canal Company a good and lawful Deed for the following parcel of land lying and being in the town of Dublin Wayne County Indiana and being numbered as follows to with The East Half of lot number 7 in block number five within two years from the first day of March 1846 then this obligation to be null and void otherwise to remain in full force and virtue of law attest Ezra Walton Alfred Pierce (seal) And also Exhibit C as referred to in said petition is in the following words and figures to wit
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And the Court appoints Clarena S Beaty Guardian ad litem for Nancy J Beaty Robert B Beaty Mary Beaty Martha A Beaty Lucy E Beaty and Sarah A Beaty minor defendants under the age of twenty one years and defendants to said petition Thereupon said defendants Samuel Schoolfield Harvey Bell and Alfred Pierce and the said Guardian ad litem come and file their answer to said petition in these words to wit The undersigned Samuel Schoolfield Harvey Bell and Alfred Pierce for themselves and the said Nancy J Robert B Mary Martha A and Sarah A Beaty minors by Clarena S Beaty their mother and Guardian ad litem come and say that they cannot deny the allegations contained in said petition and consent that the prayers thereof may be granted Samuel Schoolfield Alfred Pierce Harvey Bell Clarena S Beaty And said Administrator files his bond in the penal sum of Eighteen Hundred dollars with Samuel Schoolfield Noah W Miner and Joseph P Strattan as his securities who are approved by the Court in their words to wit Know by all these presents that we Robert E Schoolfield Samuel Schoolfield N W Miner and J P Strattan are held and firmly bound unto the State of Indiana in the penal sum of Eighteen Hundred dollars to the payment of which well and truly to be made we bind ourselves our Heirs as jointly and severally firmly by these presents signed and sealed this 11th day of May AD 1847 The conditions of the above obligation are such that if the above bound Robert E Schoolfield Administrator of the estate of John Beaty deceased shall faithfully discharge his duties and trusts according to law in the sale of certain real estate belonging to the said estate for which he is about to obtain an order of the Wayne County Probate Court and shall faithfully manage dispose of apply and account for all moneys arising from said sale under the order and direction of said Court then the above obligation to be void otherwise to be and remain in full force and virtue Robert E Schoolfield (seal) Saml Schoolfield (seal) Noah W Miner (seal) J P Strattan (seal)
It is therefore ordered and decreed by the Court that said Administrator sell the real estate in said petition described at private sale on the best terms he can for the interest of the estate And the said Administrator comes and files his report of the sale of said real estate in these words to wit The undersigned Administrator aforesaid represents that he has on this day sold at private sale to Ezra Walton Lot number one in block number five in Dublin in said Petition described for $780.00 of which the said Walton has paid $60.00 in a wagon and harness and is to pay $325.00 on the 1st day of March next $200.00 on the following first of March next for which several payments said Walton is ready to give his notes with good security on confirmation of said sale The East half of lot number Seven in block number five described in said petition he has sold to John Fase (?) for $300. of which One Hundred dollars is to be paid on the first of March next One Hundred dollars on the first of March following and the remaining One Hundred dollars on the first of March following for which several sums the said Fase is ready to give his notes with good security on confirmation of said sale
The small lot of ground described in the petition as being immediately joining Stephen Taylors lot on the west side he has sold to Stephen Taylor for $52.00 of which $26.00 is to be paid on the first day of March next and $26.00 is to be paid on the following first of March for which said several terms(?) the said Taylor is willing and ready to give his notes with approved security in the configuration of the sale All of the above sales made for over the appraised value and are believed to be as good as can be made And the undersigned asks the confirmation of the ? and that said Bell Schoolfield and Pierce may be directed to make and execute to said several purchases of said several tracts of land on payment therefore by such purchasers and on payment therefore of the amount due said Schoolfield Pierce & Bell from the estate of said Beaty deceased deeds of Conveyance fee simple ? Robert E Schoolfield Admin And the said report is submitted to the Court for confirmation and the Court being convinced that said sales so reported would be to the best advantage of said estate It is ordered and decreed that said sales be confirmed and ratified and further it is ordered and decreed that said Samuel Schoolfield do on the order of said petitioner make and deliver to said Stephen Taylor a deed for the premises described in said report as having been sold to him and that said Bell do also on the order of said petitioner upon the payment to him of the amount due from said estate make to said Ezra Walton a deed for the premises sold to him And further Alfred Pierce on the order of said petition upon payment to him of the amount due him from said estate make to John Fase a Deed for the premises so sold to him as aforesaid.
Attest
Thomas G Noble clk
