Contributor: |
Images by Arne H Trelvik
on 11 November 2005 |
Source: |
Warren County, Ohio, Deed Book Volume 7, page 523-525, Warren County Recorder, Lebanon, Ohio |
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Summary: | An indenture to sell the property of Leonard Kratch "said deceased having died in the wildernsss from causes unknown" The summary of the 23 Dec 1817 probate records on page 24 of "Warren
County Will & Estate Records; 1803-1859; OCP Records" indicates
that "Leonard Kratch" died at Fort Meigs without a will. leaving
"widow Margaret ?, dau. Rebecca Kratch"
with the widow's father, John
Seller appointed administrator. |
Image: |
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Section 18 from Warner's 1867 Wall Map of Warren County, Ohio. When the map was drawn, David. T. Colbert is shown on the 50 acre parcel. D. T. Colbert was married to Jane Evans, the daughter of Thomas Evans. This section is about 3 miles due east of Lebanon | ||||
page 523 |
This Indenture made and enacted this thirteenth day
of May in the year of our Lord one thousand eight hundred and eighteen
by and between John Sellers
administrator of all and singular the goods and Chattels Rights and Credits
& which were of Leonard Kratch late of Warren County
in the State of Ohio deceased of the first part and Thomas
Evans now of the same place of the second part. Witnesseth that whereas
heretofore, to with, on the thirteenth day of March in the year of our
Lord one thousand eight hundred and Eighteen the said John
Sellers administrator as aforesaid by Thomas
R. Ross his attorney filed in the Court of Common Please for the County
of Warren his petition in the words and of the ten (?) or following to
wit, To the Judge of the Court of Common Pleas of Warren County in the
State of Ohio – now holding a Court of Common Pleas within and for
said County at March term Eighteen hundred and eighteen. The petition
of John Sellers administrator
& of the estate of Leonard Kratch late of said County
deceased, Represents to the Court that the personal estate of the said
deceased amounted to two hundred and twenty nine dollars upon sale made
at public venue, etc. that there were no other debts owing to the estate,
and that the debts owing by the estate amount to about five hundred and
forty six dollars and that after deducting the widows wearing apparel,
one bed and bedding, the said deceased having died in the wilderness from
causes unknown, and the costs of Administration, there is not personal
property sufficient to pay all demands against said Estate, your petitioner
therefore prays your honors for and order of Court to direct him to sell
the following Real estate of the said deceased to discharge the debts
due from said estate, to wit. All that tract or parcel of land lying and
being in the County of Warren and State of Ohio bounded and described
as follows, to wit. Beginning at the southwest corner two sugars and a
white oak tree, thence East one hundred and fifty eight poles to a stake
near Two white ashes and dogwood trees thence North with the section lines
fifty poles ten feet six inches to a stake, thence West one hundred and
fifty eight poles to a stake, thence south fifty poles ten feet sex inches
to the beginning containing fifty acres be the same more or less. Said
tract or parcel of land being part of the East half of Section number
Eighteen in the Military Range and in the fifth township and third entire
Range of townships between the Miami Rivers, and that your honors would
authorize him to sell the same for the purposes aforesaid agreeably to
law etc. Whereupon on the Reading of the said petition the Court Granted
the same and appointed Francis Dill, John Steddom, Francis Jeffery
three disinterested men of the County of Warren aforesaid to view and
appraise the said premises and make return of the same under oath forthwith,
which order and found accordingly under the seal of said Court, and afterwards
to wit on the seventh day of April 1818. the said appraisers returned
to said Court, the following appraisement, with a plat thereunto (announced?),
to wit. We the undersigned appraisers in the within order mentioned, so
hereby certify under oath that we have viewed the premises therein mentioned,
and find that we cannot divide & lay off the widows dower without
materially injuring the whole, a representation of |
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page 524 |
the said tract of land with the division may be seen
by a Reference to the (annaserd?)
plat and we appraise the whole at twenty dollars per acre, which said
Return was given by the aforesaid appraisers under oath and under their
hands and seals etc. Whereupon it then appearing to the said Court that
the appraisers aforesaid could not divide and lay off the widows dower
without material injury the whole tract, and the court being given to
understand and being made known of the widow’s willingness to release
her dower in the premises etc. did order the administrator aforesaid to
sell the whole of said tract of land etc above described etc. after giving
notice of the time and place of sale by advertising the same in at least
at five public places in the County, and in the Western Star a newspaper
of the most general circulation within County, at least six weeks successively
and previous to the sale, the same land to be sold for one third cash
in hand; one third in one years, and the remaining third in two years,
and that the administrator make to the purchaser a deed according to law
for the same, and take notes of hand for the second and third installments,
the payment of which to be secured by a Mortgage given by the purchaser
on the premises, and the Court order and direct that the said administrator
give his own bond with two good successors to wit, Enos
Williams and William Ferguson in the sum of two thousand dollars
to secure to the creditors and heirs the monies arising from said sale
etc. and which said order did further command and require the said administrator
to sell the premises aforesaid according to the order of the Court aforesaid
and of his providing to make Return to the next Court etc. Now therefore
this Indenture Witnesseth that the said John
Sellers administrator as aforesaid and in consideration of the premises
aforesaid and of the laws of the State of Ohio in such case made and provided
an in obedience to the aforesaid order of said Court do hereby bargain
and sell alien (enfeaff?) convey
and confirm unto the aforesaid Thomas
Evans all the estate Right title interest property claim and demand
whatsoever whether in law or equity which the aforesaid Leonard
Kratch had of in and to the aforesaid described tract of land
before his death, and also all the estate Right title interest property
claim and demand whatsoever whether in law or equity which his heirs or
any of them have or might have either in possession remainder or reversion
of in and to the same described tract of land. To have and to hold the
same to him the said Thomas
Evans and to his heirs and assigns forever, as Witness my hand and
seal this aforesaid day and year first above written –
State of Ohio Warren County, Be it remembered that on this 30th day of May Eighteen hundred and Eighteen personally came John Sellers the Grantor to the foregoing deed of conveyance, before me the subscriber as Justice of the Peace within and for Warren County Ohio at my office in said County, when and where the said John Sellers did acknowledge before me that the aforesaid deed of Conveyance was his free and Voluntary act and deed by him signed sealed and delivered for the uses and purposes therein contained and set fourth. As Witness my hand and seal the day and year first above written. Benjamin Layre J. P. {seal} |
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page 525 |
This Indenture made and enacted this thirtieth day of May Eighteen hundred and eighteen by and between Margaret Kratch widow and Relict of Leonard Kratch late of Warren County Ohio, and Thomas Evans now of the same place, Witnesseth that whereas John Sellers of the same county as administrator upon the estate of the said Leonard Kratch deceased by virtue of an order of the Court of Common Pleas of Warren County Ohio bearing date on or about the seventeenth day of April eighteen hundred and eighteen did sell unto the said Thomas Evans the following described tract of land lying and beig in the County of Warren and state of Ohio bounded and described as follows, to wit, Beginning at the southwest corner two sugars and a white oak tree thence East one hundred and fifty eight poles to a stake near two white ashes and dogwood trees, thence North with the Section line fifty poles ten feet six inches to a stake, thence West one hundred and fifty eight poles to a stake, thence South fifty poles ten feet six inches to the beginning containing fifty acres be the same more or less said tract or parcel of land being part of the east half of Section number Eighteen in the military Range and in the fifth township and third entire Range of townships between the Miami Rivers. And the said Margaret Kratch the widow and Relict of the said Leonard Kratch deceased for the purpose of further perfecting the title of the said Thomas Evans of in and to the above described tract of land as well for and in consideration of the sum of one dollar to me in hand paid by the said Thomas Evans which I do hereby acknowledge to have received do hereby release and relinquish and forever quit claims to all the interest and estate which I now have or at any time hereafter may or can have of in and to said premises either as dower or otherwise To have and to hold the same unto him the said Thomas Evans his heirs and assigns forever to his and their only proper benefit interest and use. In Testimony whereof I do herein to set my hand and seal the day and year first above written.
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page 526 |
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page 527 |
This page created 11 November 2005 & last
updated
5 December, 2005
© 2005 Arne H Trelvik
All rights reserved