June 8, 1831 Indenture
|Daniel Branstetter died between 1825-1828 in German Township, Clark County, Ohio.|
Jacob Kiser, administrator of Daniel Bransteter
To Charles Ross
witnessth that where as heretofore wit on the nineteenth day of March in the year eighteen hundred and thirty the said Jacob Kiser, administrator of Daniel Branstiter petitioner filed in the office of the Court of Common Pleas of Clark County in the State of Ohio this petition against Christiana Branstiter, Daniel Branstiter, Henry Branstiter, John Roger and Sally his wife, John Branstiter, William Enoch & Mary his wife, Elizabeth Branstiter, Eliza Branstiter, Margaret Branstiter, William Branstiter, Nathan Branstiter, and Charles Branstiter,
defendants stating and setting forth among other things in substance and to the effect following the Said Petitioner was appointed executor administrator of said estate on the ninth day of April in the year Eighteen hundred and twenty eight and proceeded to make an inventory of the estate, a sale of the property belonging thereto and a schedule of the debts due the Said deceased at the time of his death and to settle up the estate according to law
and had the amount which came to the hands of the said Petitioner to be administered was five hundred and eighty eight dollars and sixty four cents and
that the amount paid out by the Said Petitioner in discharging the just claims against the estate. The costs of administration and the costs compensation of the Said Petitioner was four hundred and seventy eight dollars and thirty and there fourth cents
leaving the sum of one hundred and ten dollars and fifty one and one half cents assets of the estate in his hands
but which consisted entirely of debts due and uncollected and that then remained just debts of the deceased unpaid amounting to the sum of two hundred and thirty two dollars and ninety seven cents exclusive of some debts the amount of which the Said Petitioner was unable to ascertain and also a part of the costs of administration for the payment of all which then and no other fund.
But the sum of one hundred and ten dollars and fifty one cents above mentioned and that the Said Daniel Branstiter owned at his death and died seized of a tract of Land situate in Clark County aforesaid containing one hundred and thirty three acres and one hundred and forty four poles being part of Section No. 10 and Township No. five in range number 10, between the Miami River being all of that tract of land conveyed to the Said Daniel Bransteter by the Miami River being all of that tract of land conveyed to the Said Daniel Bransteter by Henry Coffel and wife by deed bearing date the nineteenth day of August in the year eighteen hundred and Seventeen which is more particularly described in Said deeds excepting one acre and a fourth of an acre of Said tract together with certain water privileges sold by the said Daniel Branstiter to John Ross and Charles Ross and that the Said tract of land was so situated that it would not be in a division thereof without material injury to the whole
and that the Said Daniel Bransteter left Christiana his widow who was entitled to dower in the said land and the other defendants his children and heirs at Law and the Said Peitioner prayed that downer might be assigned to the Said widow
and that the Said Petitioner might be ordered and authorized and empowered to sell the said land for the payment of the just debts of the Said deceased
and afterwards to wit at the March term of the Court of Common Peas in yon Clark County aforesaid on reading and Filing the Said Petition and the ex libels therein refered to the Said court did appoint Mr. William __ Cushing, Guardian Ad Litem to Elizabeth Bransteter, Eliza Bransteter, Margaret Bransteter, William Bransteter, Nathan Bransteter, Charles Bransteter, infant defendants named in Said petition and the Said Guardian came into court waived and proved and entered in appearance for the Said wards and filed his answers
and then upon it was ruled and ordered by the court that the Said defendants Christina Bransteter, Daniel Bransteter, Henry Bransteter, John Rogers and Sally his wife, John Bransteter, William Enock & Mary his wife should file their answer to Said Peition by or before the meeting of the court on Friday morning then next or in default thereof that the matter set fourth in Said petition should be taken as adjudged and the prayer thereof be granted
and afterwards to wit on Friday and then next and during the same term of the Said Court the defendants having filed their answer the said infants by their Guardian Ad Litem according to the order of Said Court made on Tuesday then last the Said court on reading the petition and exhibits of the Petitioner and the answer of the defendants it was ordered by the Court that John Winn, John Beamer and George Michael, free holders of the vicinity who were appointed by the Court for that purpose should under oath assign and set off dower unto the defendant Christina Bransteter in the premises described in the said petition
and should under oath make a just and true evaluation and appraisement of the real estate and premises described in Said petition together with the encrtionery? interest in that part of the Said premises set off to the Said Christina Bransteter for her dower
and the free holders should make return of their considerings? in the premises to the Said court at the then next term thereof
And whereas also afterward, to wit at the June term of the Court of Common Pleas in and for Clark County aforesaid the free holders appointed by Richards? at the last term thereof to assigns dower to the defendant Christian Bransteter
and to appraise the land described in the petition having filed in court their report and survey setting forth that they had assigned and set off dower to the said Christina Bransteter and appraised the said land as in the petition set forth
and the court having seen and examined the report and Survey returned by the free holder aforesaid did accept approve and confirm the same
and it appearing to the said court that it was necessary to sell the land and real estate described in said petition for the payment of the debts of the deceased.
It was therefore ruled ordered and adjudged by the Court that the petitioner should proceed to sell the whole of the land described in Said petition and that in making such sale the said petition should proceed and be governed in all reports by the enliliedian? act.
An ad defining the duties of executors and administrator, and several ads amenialery? and supplementary thereto
and that Said sale be held upon the premises after due notice of the time and place of sale by advertising the same at least four weeks successively in the Western Pioneer. A newspaper printed in Springfield, Clark County and having general circulation in Said County
and that said land should not be sold for less than two thirds of the appraised value thereof as returned as aforesaid
and that the purchaser thereof should pay one half of the purchase money in hand on the day of the Sale and the residue in nine months from the day of the sale securing the last installment by his bond with security to the satisfaction of the Said petitioner
and that the Said Petitioner should make disclose? of his doing in the premises to the then next term of the Court
and whereof afterwards? to wit at the October term of the Court of Common Pleas in & for Clark County aforesaid the Said Administrator the Petitioner having returned to the Said Court that in obedience to the order of the said Court made at the then last term of said Court in the Said case he had preceded to sell the land described in the Said petition having given due notice of the time and place of sale for more than four weeks before the day of Sale in the Western Pioneer, a weekly newspaper printed and published in Springfield and Clark County and that at and upon the day of sale being the twentieth day of August AD 1830
Charles Ross became and was the highest bidder for the Said premises and the purchaser thereof at and for the sum of five hundred and one dollars for the said tract of land as described be the same more or less
and that the said Charles Ross had complied with the terms of sale and with the order of Court aforesaid by paying to the administrator one half of the purchase money and securing the other half thereof to be paid in nine months by his notes with Presley Ross his Security to the satisfaction of Said administrator
and that Said sale had been made public vondue? and out coy? and the Said having carefully examined the Said premises were satisfied that the proceedings of Said administrator in the Said cause had been regular and according to law
and thereupon did order that Said proceedings be approved and confirmed
and did order that the Said administrator should make and deliver to the Said Charles Ross or to his legal representative a good and sufficient deed for the premises so sold as aforesaid so soon as the last installment thereof should be fully paid.
Now therefore this indenture witnesseth that the Said Jacob Kiser as administrator of Daniel Bransteter deceased aforesaid
in obedience to the order of court aforesaid in consideration of the premises and of the Said sum of five hundred and Dollars paid to him by the said Charles Ross the receipt whereof is hereby acknowledge hath granted was gained and sold by these presents doth grant bargain sell convey and confirm unto the Said Charles Ross and his heirs and assigns all of that parcel or tract of Said land described? and set forth in in (sic) the petition as therein beyonrecited? subject to the dower of Christina Bransteter.
Assigned to her as herein before set forth and the estate
the Said Charles Ross and unto his heirs and assigns forever
that the Said Daniel Bransteter deceased died lawfully seized of the premises
and that he the Said Jacob Kiser as Administrator as aforesaid was duly authorized and empowered to sell and convey the Same as aforesaid and further that he and the said Jacob Kiser in his capacity aforesaid will warrant and forever defend the aforesaid premises against the lawful claims and demands of all persons whomever.
In testimony whereof the Said Jacob Kiser as administrator as aforesaid hath here unto set his hand and affixed his seal the day and year first above written.
Signed and sealed and delivered in the presence of
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