Transcribed by Joan Carey
Hamilton Co. IN Probate Order Book Vol B
Page 9, August Term 1839, 2nd day
Jonathan Carey, administrator with will annexed of Henry Foland deceased now file an Inventory and appointment will of the personal property of said deceased amounting to the sum of six hundred dollars and forty seven cents ($600.47) which is examined by the court and ordered to the records.
Page 16 November Term 1839, 1st Day, November 11
Jonathan Carey, administrator of the estate of Henry Foland deceased now files a Sale Bill of the personal Estate of said deceased amounting to three hundred and eighteen dollars and forty eight cents ($318.48) which is of and by the Court Ordered to be Recovered with which he is charged.
Page 38, May Session 1840, 1st Day
On Motion Jacob S. Lyons is appointed Guardian of the personal testators of Washington Freel aged nine years, Hannah Freel aged 7 years, James Freel aged 5 years and Ephraim Freel 2 year, heirs of Elizabeth Freel deceased and he now Executor files his Bond in the sum of Eight hundred dollars with Jonathan Carey and Amos Goff as his security and was qualified which Bonds security appeared by 10
Page 50, November Term, 1840
Jonathan Carey administrator of the estate of Betsey Freel deceased now files an Inventory appointment bill of the personal property of said deceased amounting to (blank) dollars and (blank) cents which is ordered to be recorded.
And Said administrator also files a Sale Bill of the personal property of said deceased amounting to (blank) dollars and (blank) cents which is examined by the Court and ordered to be recorded and with which he is charged.
Page 60, November Term, 1840, 3rd Day
Mary Foland
Vs
John Foland
Charlotte Freel
Washington Freel
Dower
Hannah Freel
James Freel
Ephraim Freel
Heirs and devisors of Henry Foland, Deceased, and Jonathan Carey
Now comes the petitioner by Stoner her counsel and files her petition herein in the words and figures following to wit (here insert this petition), and the said petitioner now here proves to the satisfaction of the court by affidavit now filed. This notice has been given of this application in the Indiana Journal, a weekly newspaper, printed and published in the county of Marion (?) in the State of Indiana for three weeks successively three weeks previous to the first day of this present term of this court and the defendants, John Foland and Jonathan Carey being three times called comes not but herein makes default. It is ordered adjudged and decreed that said petition as to them be taken for confessed and on motion Gardner Perry is appointed guardian ___________ for Charlotte Freel, Washington Freel, Hannah Freel, James Freel, Ephraim Freel the infant defendant above named and now comes the said Guardian ___________ and files his answer herein by him duly Sworn to in open court in the words and figures following to wit (here insert the answer). And the court being fully advised in the promises It is entered adjudged and decreed by the court the said petitioners be endowed with one equal third part of the lands named and described in the said petition and on motion Ira Kingsbury, Zenas Beckwith, and William Peck, three __holders _________ of said County of Hamilton not allied to either of the parties are appointed commissioners fully authorized and empowered to set off and assign to the said petitioners her dower in the said Promises and land in the said petition mentioned and described. And they are ordered to set off and assign to said Petitioner her dower in said premises and report this proceeding at the next term of the court and this case continued.
Pages 75 and 76, February Term, 1841
Mary Foland
Vs
John Foland, Charlotte Freel,
Washington Freel, Hannah Freel,
James Freel, Ephraim Freel,
Heirs and devisors of Henry Foland deceased
And Jonathan Carey
Now comes the petitioner by Stoner her counsel and Zenas Beckwith, and William Peck, and two of the commissioners appointed at the last Term of this Court to assign and set off to the said Petitioners her dower in the said premises and land named in said petition and files the following report acknowledged by this said Zenas Beckwith, and William Peck in open court which report is in the words and figures following to wit
State of Indiana Hamilton County In This Hamilton Co. Probate Court February Term 1841
Pages 75 and 76, February Term, 1841
Petition for the Assignment of Dower
Mary Foland
Vs
Washington Freel, et al
Equably to and Order of the Hamilton Co. Probate Court made at the November meeting for 1840 appointing the undersigned commissioners to set off and assign to the said Mary Foland, widow of Henry Foland late of said county, a record of her dower or just third part of the said Real Estate of the said Henry Foland deceased of which he died ___________ ____________ ____________being part of the NW quarter of Section Three Town Nineteen North of Range 5 _______acres. Also a part of the North East Quarter Section 4 at Township nineteen North Range 5 East, 85.00 acres. Also the South _____ quarter of Section 4 Town _____ of ______ East, 160 acres. Also the south west quarter _______ ________Town. 19 North of Range five East containing 80 acres. Also the North East quarter of Section nine (East White River) Township Nineteen of Range five East containing 143.26 acres. And also the West Half of the North West Quarter of Section Ten (10) Town. 19, north of Range 5 East containing 80 acres -- in all 569.56 acres. Report that we proceed on the 3rd day of February in the year of our Lord 1841 after having first taken an oath before Allen Cole, a Justice of the Peace of said county, Faithfully and impartially to discharge our duties as such commissioners to examine and survey said premises and to assign and set over to the same Mary Foland her dower of and in said premises as follows. We do assign and set to the said Mary Foland as and for her dower in said lands the following described Real Estate Situate in said county of Hamilton to wit: Beginning at the North East corner of the West half of the North West quarter of section three(3), Town Nineteen (19) North of Range five East and running south 200 poles thence West 90 poles, Thence north 306 poles, Thence South 48 1/2 East 106 Poles to the place of beginning containing one hundred and fifty 3/4 acres and also lot number one (1), in Square number one (1) in the town of Woodville in said county, and a copy of the plot and survey of which lands is hereunto attached for __________ certainty made a part of this report, all of which is respectfully submitted given under our hands and seals this 9th Day of February A.D. 1841
Zenas Beckwith
William Peck
On examination it is ordered by the court that the said Report and assignment of dower be approved and confirmed and that said Mary Foland Stand Endowed with so much of said Real Estate as is Contained within said assignment, so let out and described in Said Report of the Said Commissioner. And it is further ordered and decreed that the costs herein amounting to (blank) dollars and (blank) cents be paid by said petitioner and that in default thereof Executives or Executioners may _______ as in Judgements at the Common Law.
Page 92, May Term 1841, 2nd Day
Charlotte Foland, aged 15 years the 10 day of April last, now comes into court and makes choice of Jacob Lyons as her Guardian and the court appoints the said Jacob Lyons Guardian of the personal estate of the said Charlotte Foland heir of Henry Foland deceased, and he now Executes and files his Bond in the sum of Two Thousand dollars with Jno. Kingsbury approved by the court as his security and was thereupon duly sworn as such.
Page 155, May Term, 1842
Mary Foland
Vs.
Jonathan Carey Administrator with the will _________ of Henry Foland late of Hamilton County Indiana deceased
Now comes the complainant by Stoner her solicitor and files her Bill of Complaint herein in the words and figures following to wit (here insert it) and also comes the said defendant and files his answer herein in the words and figures following to wit (here insert it) and by agreement of parties, this cause submitted to the court upon the Bill answer herein whereupon this Court after inspecting the said Bill of Complaint and the matters and things therein contained as well as the answer of the said defendant to said Bill of Complaint and being fully advised in the premises do order adjudge, and decree that the Said Jonathan Carey as administrator with last will and testament of the Said Henry Foland deceased pay to the said Mary Foland the sum of one hundred dollars out of any assets which the said Jonathan Carey may have in his hands belonging to said Estate to be administered or out of any assets which may hereafter come into his hands to be administered together with the costs of this suit or as default thereof that Executors may __________ __________ __________ judgments at this common law to be levied of the goods and chattels which _________ __________ the said Henry Foland at the time of his death and was in the hands of the said Jonathan Carey as administrator as ___________yet to be administered.
Ordered this court adjourned with cases continued.
John Cottingham
Page over bottom of above document
Mr. John G. Burns Sir please pay over to Earl Stoner the sum of Ten dollars out of the first monies that may be collected or paid on a certain decree of Judgment obtained in the Hamilton County Probate Court at the last Term thereof in which Mary Foland of Virginia was complainant and Jonathan Carey as Executor of Henry Foland late of said county deceased was defendant, as I have this day assigned to him so much of said decree on Judgment. And this shall be your authority for so doing.
Oct. 3, 1842
Mary Foland by
John Foland, her agent
Rec'd five dollars on the above the 14th February 1843.
Rec'd five dollars of the above in full of this order.
E. S. Stoner
John Cottingham
Second page over bottom of above document
Mr. John G. Burns Sir please pay over to Becknel Cole as soon as collected thirty four dollars of the judgement or decree in favor of Mary Foland of Virginia and against Jonathan Carey as executor of the last will of Henry Foland late of Hamilton Co. deceased (entered in the Hamilton Co. Probate Court for the last term). As I have this day assigned to said Cole so much of said judgment.
October 3, 1842
John Foland
Agent of Mary Foland
1846 June 20 Rec'd of J. H. Burns ____ten dollars on this order
George Haworth