Lewis Cain Estate

Perry County Probate Court, Case 1771, New Lexington, Ohio

State of Ohio, Perry County, ss. - Probate Court, New Lexington.

Sarah Cain, Charles Cain, Mary Cain, Letitia Cain, Martha Cain, Samuel Cain, Alva Cain, and Benjamin Cain heirs of Lewis Cain deceased you are hereby notified that J.W. Shirley as Administrator of the estate of said deceased, filed a petition against you in the Probate Court of said County, which is now pending therein, alleging the insufficiency of the personal estate of said deceased to pay the debts of said estate, and praying for authority to sell the following real estate, situated in said County, of which the said decedent died seized, for the purpose of paying said debts, and which real estate is described as follows: viz Being a part of the North west quarter of Section No. 14 fourteen. Township No. Sixteen and range No. sixteen. Beginning at a post standing west twenty perches and eleven and 3/4 links from the southeast corner of the said quarter section thence west fifty one perches and five links to a post, Thence north thirty nine perches and one and three fourths links to a post, thence East fifty one perches and five to a post thence south thirty nine perches and three fourths links to the place of beginning containing two acres and two roads. Also the following parcel of Real Estate a part of the said north west quarter of said section No. (14) Township and range aforesaid in said Perry County beginning at a corner of a lot of land formerly owned by one John Green. 20 perches west from the south east corner of said northwest quarter and on the quarter section line and running thence west of said quarter section line three perches and 2 1/2 links. Corner of the land which was owned by said Lewis Cain. Thence north 40 perches with said Cain’s land to a corner. Thence east 3 perches- 4 1/2 links to a corner of the aforesaid Green’s lot and thence south with said lot 4 containing 3/4 of an acre more or less. Said petition will be heard before said court, on the 23 day of December, 1871,at 10:00a.m. or as soon thereafter as may be convenient, at which time and place you can appear and resist the prayer thereof, if you see fit. Witness, R.E. Husten, Judge of said court of Probate, and the seal thereof, at New Lexington, this 29th day of Nov. A.D. 1871. R.E. Husten Probate Judge.

____________________ The State of Ohio, Perry County ss. I., James W. Shirley, do make solemn oath, that on the 5th day of December 1871, I served the within named Mary Cain and the 7 day of December 1871 I served the within named Letitia Cain, Martha Cain, Samuel Cain, Alva Cain, and Benjamin Cain- each with a true copy of the within notice and the said Alva Cain and Benjamin Cain -being minors under 14 years of age. I served each of them personally by handing them each a true copy of the within notice- and neither of them having a guardian and their father being dead I also served a true copy of the within notice on their mother Sarah Cain, the person having the care and control of said infants. Sworn to and subscribed before me this 8th day, December 1871. R.W. McMahon, Justice of the Peace. James W. Shirley administrator, of Lewis Cain deceased vs. Sarah Cain and other, in Probate Court of Perry County. This day came the said petitioner James W. Shirley admin. of Lewis Cain, deceased, by his attorney, W. E. Finck, all of the said defendants except the said Sarah Cain, failing to answer order to said petition; and therefore this case come on to be heard by the court on the petitioning the said petitioner, the answer of the said Sarah Cain the exhibits and testimony and was argued by counsel, on consideration whereby the court, do find that all of the said defendants have been duly and legally notified as required by the statute of the __?___ and __?__ said petition, and for a period of more than fourteen days prior to this date. And the court do further find that the said personal estate of the said Lewis Cain, deceased is insufficient to pay the indebtedness of his estate; and that he died seized in fee simple of the said real estate in the petition described, leaving his widow and said several children and lineal heirs surviving him, as named and stated in said petition; and that it is necessary in order to pay the indebtedness and costs and expenses of said estate, to sell said real estate; and that all of the allegations of said petition are true. And the court further find that the said Sarah Cain as widow of the said decedent, is entitled to dower in said real estate; but that by her answers herein filed, she the said Sarah Cain, has waived the assignment of said dower by metes and bounds in said real estate, and asks the court to have such real estate sold full and clear of dower and to allow her in lieu thereof, such sum in money out of the proceeds of sale, as the court may deem the just and reasonable value of her said dower interest therein. It is therefore ordered and adjudged by the court, that by the Oaths of George W. Caywood, Daniel Lexitz and Samuel Sherisen-- three judicious disinterested freeholders of the vicinity and of said county, and not akin to either of said parties, the said James W. Shirley as the administrator for as aforesaid, upon actual view, cause the said real estate in said petition to be appraised. And after said appraisement has been duly made, it is further ordered that said administrator proceed to cause said real to be sold at public auction on the premises after having given due notice of the time and place of said sale in some newspapers printed in said Perry County and of general circulation therein for at least four successive weeks. Upon the terms following --viz. one third cash in hand, one third in one year and the residue in two years-- from day of sale. Said deferred payments to bear interest from the day of sale and be secured by the mortgage on the premises and it is ordered that an order for such appraisment and sale herein issue to the said administrator.

_______________________ Petition to sell land to pay debts-- Filed November 29th, 1871 - R.E. Husten, Probate Judge To the Honorable Probate Court within and for the County of Perry and State of Ohio Your Petitioner James W. Shirley administrator of the Estate of Lewis Cain, late of said Perry county deceased respectfully represents, that on the 9th day of October 1871 he was duly appointed and qualified by this court as such administrator and entered into bond as required by law and the order of this court in that behalf, That the total value of the personal estate and effects of said decedent is as near as can be as certained the sum of $16.75 which are assets in the hands of adms. That the amount of the debts owing by the deceased as near as the same can now be ascertained, amount to about the sum of $400. That the years allowance, set apart by the appraisers of said estate, for the support of the widow and minor children of said deceased under fifteen years of age, was the sum of $200. in money; and the amount of the charges and costs of the administration of said estate up to this time is about the sum of $10-. The said petitioner represents that the personal estate; and effects of said decedent are in sufficient and to pay said indebtedness- The petitioner further represents that the said decedent Lewis Cain, died -seized in fee simple of the following real Estate situated in said county of Perry Ohio, and described as follows, viz. Being apart of the northwest quarter of section number (14) fourteen township number sixteen, and range no. sixteen, beginning at a post standing west- twenty perches and eleven and three fourth links, from the south east corner, of the said quarter section Thence west fifty one perches and five links to a post, thence north thirty nine perches and one and three fourths links to a post, thence east fifty one perches and five links to a post, thence south thirty nine perches and one and threefourths links to the place of beginning Containing twelve acres and two roads; also the following parcel of real estate being apart of the said northwest quarter of said section no.14, township and range aforesaid in said Perry county, beginning at a corner of a lot of land formerly owned by one John Green, 250 perches west from, the south east corner of said north west quarter and on the quarter section line; and running thence west on said quarter section line, three perches and two and a half links to a corner of the land which was owned by said Lewis Cain, thence north 40 perches _____ said Cains land to a corner, thence east 3 perches and 4 1/2 links to a corner, of the aforesaid Green lot; and thence south of the said lot 40 perches; containing 3/4 of an acres, More or less and said lands being the same and all this real estate of which said Lewis Cain died seized in said N.W. 1/4 section. The petitioner also represents that said decedent died leaving his widow Sarah Cain, surviving him, who is entitled to dower in the aforesaid real estate; And also left the following persons his children and lineal heirs, surviving him who have the next estate of inheritance in said described premises, from the said decedent, namely- Charles Cain, Mary Cain, Letitia Cain, Martha Cain, Samuel Cain, Alva Cain, and Benjamin Cain; all of who including said widow Sarah Cain, reside in said Perry County- except the said Charles Cain, who resides in the County of Crawford in the state of Illinois. The Petitioner further represents that the said Letitia Cain, Martha Cain, Samuel Cain, Alva Cain, and Benjamin Cain are minors. Your petitioner therefore prays that the said Sarah Cain, widow, and the said Charles Cain, Mary Cain, Letitia Cain, Martha Cain, Samuel Cain, Alva Cain, and Benjamin Cain, heirs as aforesaid; may severally be made defendants to this petition; that the dower estate of the said Sarah Cain, widow as aforesaid my be assigned and set off to her, in said seal estate; and that the petitioner may be authorized by the finding and order of this court to sell said real estate, to pay said indebtedness of said estate, and grant to the petitioner all such other and further relief in the premises, as May be right and proper. James W. Shirley, admr of Lewis Cain, deceased; by W. E. Finck, his attorney

Sale of Land of Lewis Cain to pay debts: Volume 14, page 213; (LDS film # 0911160)

James W. Shirley, Admr. to David Williams. Know all men by these presents that whereas I James W. Shirley as the administrator of the Estate of Lewis Cain late of the County of Perry Ohio, decd. who died intestate did on the twenty nineth day of November A.D. 1871 file a petition in the probate court in and for said county of Perry. against Sarah Cain, Charles Cain, Mary Cain, Letitia Cain, Martha Cain Samuel Cain, Alva Cain and Benjamin Cain being the widow and heirs of said Lewis Cain decd. praying for the order and authority of said Probate Court to sell the Real Estate hereinafter described of which the said Lewis Cain died seized to pay the indebtedness costs and expenses of said estate and whereas such proceedings were had upon said petition in said Probate Court on the 23rd day of December 1871. that the undersigned administrator was duly authorized by said court to cause the said Real Estate hereinafter described to be appraised by the oaths of the appraisers duly appointed by said court for that purpose free and clear of dower, the said Sarah Cain widow of said Lewis Cain deceased. having duly waived an assignment of dower in said lands and elected to take the value thereof in money out of the proceeds of the sale thereof and said Court having also on said 23rd day of December 1871 in said action duly authorized and directed the undersigned administrator after having caused said Real Estate to be appraised as aforesaid to sell the same after having given due notice of the time and place of said sale as provided by Statute and as directed by the order of said Court. And whereas the said James W. Shirley as the administrator as aforesaid having caused said Real Estate to be duly appraised and also having caused due and legal notice to be given by advertizement of the time and place of said sale according to law and the order of said court made in said action. I did on the 17th day of February A.D. 1872 on the said premises and at the hour of two o'clock in the afternoon being the time and place named in said advertizement offer said Real Estate for Sale at Public Oratory? And David Williams having then and there bid the sum of ten hundred and ten dollars for said Real Estate and that sum being more that two thirds of the appraised value of said Real Estate and being the highest and best bid for the same. I thereupon struck off and sold said Real Estate to the said David Williams at and for said sum of $1010. which said proceedings appraisement and sale were afterward on the 20th day of February 1872 duly reported and returned to said Probate Court. And the said Probate Court having carefully examined the same did on said 20th day of February 1872 duly approve and confirm said proceedings appraisment and sale. And order and direct the undersigned administrator by deed duly executed to convey said Real estate to the said David Williams in Fee Simple free and clear of dower.

Now therefore I the said James W. shirley as the administrator of the estate of said Lewis Cain deceased in consideration of the said sum of ten hundred and ten dollars to me paid or secured to be paid by the said David Williams as well as by firstue of the authority and power in me vested by law do hereby give, grant, bargain, sell and convey unto the said David Williams his heirs and assigns forever the land so as aforesaid to him sold situated in said Perry County Ohio and described as follows viz. Being a part of the north west quarter of Secion No. 14 Township No. 16 Range No 16 beginning at a post standing west twenty perches and eleven and 3/4 links from the south east corner of said quarter section Thence West fifty one (51) perches and five links to a post. Thereas north thirty nine (39) perches and 3/4 links to a post. Thence East fifty one perches and five links to a post. Thence South thirty nine perches and one and three fourths links to the place of beginning. Containing twelve acres and two roods. Also the following parcel of REal Estate situated in said Perry County and described as follows being part of the north west quarter of Section fourteen Township and Range aforesaid beginning at a corner of a lot formerly owned by one John Green, 20 perches west from the south east corner of said north west quarter and on the quarter section line. And running thence west on said quarter section line three perches and 26 links to a corner. The lot of land hereinbefore described. Thence north forty perches with said lot to a corner. Thence East three perches and 4 1/2 links to a corner of the said Green lot and thence South with said lot forty perches to the place of beginning containing three fourths of an acres more or less. And the said land being all and the same real estate of which said Lewis Cain died seized. Situated in said Northwest quarter section. To have and to hold said land hereby conveyed with the appurtenances to him the said David Williams and to his heirs and assigns forever free and clear of dower.

In witness whereof I as said administrator have hereunto set my hand and seal this 24th day of February A.D. 1872. Executed and delivered in our presence: S.H. Skinner, George Price. J. W. Shirley (seal) Admr. of said Lewis Cain decd.

(note: I have transcribed these records as close as possible-- the exception being a few words I could not decipher.--)