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- In the matter of the Estate of Joseph Brown, deceased. In the Probate Court of Porter County, Indiana.
Probate Order Book "A" page 587. Vacation after August Term, 1850.
Be it remembered that on the 6th day of September 1850, the following letters administration were issued by the Clerk of the Probate Court of Porter Colunty and State of Indiana, to-wit: I, William W. Jones, Clerk of the Probate Court in and for the County of Porter and State of Indiana, do hereby certify that administration with the Will annexed of the goods and chattels, rights, credits, moneys and effects which were of Joseph Brown late of Porter County, deceased, who died intestate is granted to John Brown and Wilson Malone and the said John Brown and Wilson Malone having qualified and given bond as such administrators are duly authorized to take upon them the administration of such estate according to law.
Witness my hand and the seal of said Court this 6th day of September A. D. 1850.
(Seal) William W. Johnes, Clk.
Order Book "B " Probate Court, page 1. November Term, 1850.
The letters of administration heretofore granted by the Clerk of this Court in vacation is hereby in all respects confirmed by the court.
Order Book "B" (Probate Court), pages 182 and 183. August Term, 1852.
Come the administrators and file final report herein in these words (insert).
Report approved and ordered by the Court that this administration be closed.
James Branen, Maervy Branen, Edward Brown, Daniel Brown, Alfred Brown, and Joseph Brown, Daniel Brown and William Brown, by their guardian John Asher, and William Mewer and Oliver Brown, vs. Isaac Drullilnger and Nancy Ann Drullinger, his wife, and Asa Brown.
In the Porter Circuit Court.
Complaint filed July 30, 1851, which is in the following words and figures, to-wit:
Your petitioners, James Branen and Maerva Branen, his wife, Edward Brown, Daniel Brown, Alfred Brown, William Mewer and Oliver Brown, also Josephe Brown, Daniel Brown and William Brown, by their Guardian John Asher, of the Coutny of Porter and State of Indiana, represent unto your Honor that your petitioners are the heirs at law of Joseph Brown, and Late of Porter County in said State, with Isaac Drullinger and Nancy Ann Drullinger, his wife, and Asa Brown.
Your petitioners represent that the said Joseph Brown at the time of his death was the owner if fee simple of the following described land, to-wit:
E 1/2 of SW 1/4 of Sec. 9, Tp 35 N, R 5 W (and much other land) In Porter County, Indiana.
Your petitioners represent unto your Honor that Manerva Branen is by the Will of the said Joseph Brown entitlted to 1/9 part of the said real estate, and that Joseph Brown, Daniel Brown, Jr., and William Brown are grandchildren of the said Joseph Brown and children of Prestly Brown, who was a son and one of the heirs of the said Joseph Brown, and that said Prestly Brown, has departed this life, and that the said minor children of the said Prestly Brown, are entitled to 1/9 part of the said land; and that William Mewer is a grandchild of said Joseph Brown; and that William Mewer is a son of Nancy Brown, who was a daughter of the said Joseph and that said Nancy Brown has departed this life, and that her son, the said William Mewer, is entitled to 1/9 part of the said land; and that Mary Ann Drullinger is a daughter of the said Joseph Brown and wif of Isaac Drullinger, is entitled to 1/9 part of the said land; and that Oliver Brown, Asa Brown, Alfred Brown, Daniel Brown and Edward Brown are the sons of the said Joseph Brown and that each of them is entitled to 1/9 part of the said land. Your petitioners would further show unto your Honor that each of the aforesaid heirs of the said Joseph Brown is seized of his respective part of portion of the said land by and through their common ancestor the said Joseph Brown in fee simple.
Your petitioners therefore, pray your Honor to award and adjudge that partiotion of the said premises shall be made and that 1/9 part of the said land be set off to the heirs of Prestly Brown, and that 1/9 part be set off ___ each to the other petitioners, and assigned to them in severality , and to appoint Commissioners to make partition of the presises pursuant to such award and judgemnt, and will your Honor grant unto your ptetitioners such other and further relief in the premises as may seem just and meet, and your petitioners will ever pray, etc.
Miles & Anthony, Attys. for Petitioners
State of Indiana, Porter County SS
Comes now the complainants, by their solicitors, and prove to the satisfaction of the Court that notice of the filing and pendency of this bill of complaint had been duly given to said defendants by publication thereof in the Practical Observer, a newspaper of general circulation in the County of Porter, published in the town of Valparaiso, for four weeks successively, more than sixty days prior to the first day of the present term of this Court, and also that said Asa Brown is a non-resident of the State of Indiana, and that the subpoena in this cause has been duly served upon said defendant Nancy Ann Drullinger more than thirty days before the first day of the present term of this Court; and there-upon Nancy Ann Drullinger and Asa Brown, two of said defendants, being three times solemnly called, come not, but herein wholly make default. Thereupon comes also Isaac Drullinger into open Court, who is the husband of said Nancy Ann Drullinger, and confesses on behalf of himself and his said wife the truth of the declarations contained in said bill. And it appearing to the satisfaction of the Court that said lands mentioned and described in the said bill of complaint are held and owned by said complainants and defendants as tenants in common in the manner and proportions specificed and set forth in said bill, and that it is right and proper that said lands should be partitioned and apportioned among said parties according to their respective shares, according to the prayer of said bill, it is therefore ordered, adjudged and decreed by the Court that said lands be partitioned and apportioned among said parties, according to their respective shares, which lands are specifically described as follows, to-wit: (here insert), and for greater certainty it is again in this decree mentioned in what proportion the lands should be alloted to each of said parties, that is to say: 1/9 part thereof to Asa Brown; 1/9 part to Mary Ann Drullinger, wife of Isaac Drullinger; 1/9 part to Minerva Branen, wife of James Branen; 1/9 part to Edward Brown; 1/9 part to Daniel Brown; 1/9 part to Alfred Brown; 1/9 part to William Mewer; 1/9 part to Oliver Brown; 1/27 part to Joseph Brown; 1/27 part to Daniel Brown; 1/27 part to William Brown. And it further ordered, adjudged and decreed by the Court that William Stoddard, D. B. Steward and Andrew B. Price be and they are hereby appointed Commissioners to make such partition among said heirs so far as said Landes are susceptible of judicious partition, and set off to each his or her share, reporting to this Court, the description of any portions of said land, if such there be, which can not be reasonably divided, and that they make report of their doings in the premises to this Court at the best term thereof, and this cause is continued.
Order Book "S" page 52. September Term, 1851. September 10, 1852.
Now come the Commissioners heretofore appointed by the Court to make partition among the complainants and defendants as heirs at law of Joseph Brown, deceased, of the real estate of the said Joseph Brown, deceased, and make and acknowledge in open Court their report of their doings herein in the following words and figures, to-wit:
Such report is in part as follows:
The undersigned, two of the Commissioners appointed, etc., respectfully report that, having first taken the oath endorsed on the back of the commission, we proceeded according to said commission or order, to divide said lands in said commission mentioned as follows, to-wit:
To Daniel Brown, one of the minor heirs of Prestly Brown, the following described land, to-wit: Commencing at the center of Sec. 9, in Tp. 35, N, R 5W, Porter County, and running West 120 rods; thence South 66 rods and 16 2/3 links; thence running East 120 rods; thence North 66 rods and 16 2/3 links to the place of beginning, containing 50 acres, more or less.
And to William Brown: Commencing 66 rods and 16 2/3 links South of the center of said Sec. 9 above described; thence running West 120 rods; thence running South 46 rods and 16 2/3 links; thence East 120 rods; thence North 46 rods and 16 2/3 links to the place of beginning, containing 35 acres.
And to Joseph Brown, the following described land, to-wit: Commencing at the Southeast corner of the SW 1/4 of the said Sec. 9, and running North 46 rods and 16 2/3 links; thence running West 120 rods; thence running South 46 rods and 16 2/3 links; and thence running East 120 rods to the place of beginning, containing 35 acres, (and other land).
And we, the said Commissioners, also determine and decide that the following described land is not susceptible of division, to-wit: E 1/2 of SW 1/4 of Sec. 22, Tp. 35 N R 5 W, and W 1/4 of W 1/2 of SE 1/4 of Sec. 22, in same Tp. and Range, and land in Spencer County, Indiana, all of which we decided is not susceptible of division, without loss to the parties and we recommend the same to be sold.
And we set off Daniel Brown, Asa Brown, Edward Brown, Oliver Brown, Alfred Brown, William Mewer, Mary Ann Drullinger (wife of Isaac Drullinger), Manerva Branen (wife of James Brenen) the following described lands jointly, at and by their request, to-wit: (here follows description of lands so set off). And we further report that we have allowed John Garris for his services as surveyer in making reports of the said real estate, the sum of $7.00 and to Daniel B. Steward the sum of $12.00 and to William Stoddard the sum of $19.40 as charges in and about said partition, all of which is respectfully submitted, and to Daniel Brown for 4 days carrying chain, $4.00.
Daniel B. Steward, William Stoddard
which report is by the Court approved and confirmed and orderd to be made part of the record in this cause.
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1826 - 1893 (66 years)
