Michael Conway and Mary, his wife vs Michael Byrne and Eleanor, his wife, John OBrien, Margaret OBrien et. al. 1841

Description:	The file contains the documents relating to sale of real estate by the heirs of James OBrien. Included in the file is the petition for division of the land, the appointment of commissioners to divide the land, the report of the commissioners to sell the land, the report of the guardian ad. litem for the minor heirs, two notices from the Western Sun and receipts for the commissioners work. During the February Term of Probate Court 1841: Michael Conway in the name of his wife, Mary, petitioned the court to partition the real estate of James J. OBrien deceased. The heirs were: Michael Conway and Mary, his wife, Michael Byrne and Eleanor, his wife,; John OBrien, Margaret OBrien, Joanna OBrien, heirs of James J. OBrien, Robert Galaway and Mary, his wife, widow of James J. OBrien, Alice OBrien, daughter of Eleanor OBrien, widow of John OBrien and said Eleanor OBrien. The land was described as: Donation #229 in Town 2 North Range Eight West the same which was confirmed to the heirs of Joseph Payette, deceased, containing 400 acres. In the petition, written by attorney, B.M. Thomas, it was asked that commissioners be appointed to make the recommendation for the partition. A notice for the petition to partition the land was run in the Western Sun and in a deposition before B. M. Thomas, Elihu Stout, stated the Notice ran for four weeks. Justice Martin Robinson appointed and swore in: John Moore, Zachariah Pulliam, and William Hays as commissioners. William R. McCord, the guardian ad. litem for minors: John, Margaret and Joanna OBrien and Alice OBrien asked the court to protect the interest of the minors. On 2-11-1841, the commissioners reported that an equal and fair division of the land could not occur. A second notice was placed in the Western Sun March 20, 1841. It advertised the sale of the Donation No. 229 on April 10th at the hotel of John C. Clark at the borough of Vincennes. Elihu Stout swore before Justice Jonathan Collins that the notice ran for three weeks. In the second Commissioners Report, it was stated that the land was struck off to James Thorn, he being the highest bidder of $200. Charles Aulter and Francis were securities to the court for the payment of the land. The final document in the file was a listing of receipts for costs of the case: Rec. May 11, 1846 $4.00 Elihu Stout fee for ads in the Western Sun, Re. May 11, 1846 $1.25 W. Hayes fee for Commissioner, Re. $1.25 J. Moore fee for Commissioner and Rec. $1.25 Zach Pulliam fee for Commissioner.
Origin:	2016-01-30
Created By:	Indiana. Probate Court (Knox County);
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/20231
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Accounts -- Indiana Territory Court records -- Indiana Territory -- Knox County Farms -- Indiana Territory Personal property -- IndianaTerritory Personal property -- Valuation -- Indiana Territory Probate courts -- Indiana Territory Probate records -- Indiana Territory Petitions -- Indiana Territory Court Records

Further information on this record can be found at its source.