Part 2: Samuel Lawrence’s Estate – Selling of the Real Estate 1881 and 1882

The selling of Samuel Lawrence’s land was complicated because he had taken out notes from two individuals in 1879 and 1881.  It required Cross Orders and testimonies from the individuals before the land could be sold.

Portion of the a Sale of the Land document showing the heirs and others

Portion of the a Sale of the Land document showing the heirs and others

The various documents in the estate file reveal the heirs of Samuel and Elizabeth Spracklin Lawrence, along with his Administrator. They are listed on almost all the future documents regarding the sale of the land.

Here is an example of the listing for the heirs at the top of a court document:

George P. Spracklin as Administrator of the Estate of Samuel Lawrence deceased, Plaintiff

vs. John S. Lawrence, Matilda Lawrence, Elizabeth Draper, Elizabeth Andrews, Clara Andrews, George P. Lawrence, Ella S.I. Lawrence, Parmelia A. Lawrence, George W. Ballon, Julia King and Edward Wyburn. 

We see that Elizabeth Lawrence did marry a Draper. It never mentions her husband so we can assume he had died?  Elizabeth and Clara Andrews are the daughters of Ann Lawrence and Lewis Andrews which implies that Ann and Lewis have died.

George P., Ella, and Pamela are probably the children of William Lawrence which implies the he has passed.  George Ballon and Julia King are seeking payment for the notes against the estate and Edward Wyburn, I am not sure about him.

There is no mention of the youngest George Lawrence born in 1840.  This may mean he is deceased? I have not had any luck in finding him at online sites.

PETITION TO SELL REAL ESTATE:

In the matter of the Estate of Samuel Lawrence decd.

George P. Spracklin as Administrator of the Estate of Samuel Lawrence deceased, Plaintiff

vs. John S. Lawrence, Matilda Lawrence, Elizabeth Draper, Elizabeth Andrews, Clara Andrews, George P. Lawrence, Ella S.I. Lawrence, Parmelia A. Lawrence, George W. Ballon, Julia King and Edward Wyburn. 

The State of Ohio, County of Hardin, In the Probate Court, Civil Action

Petition to Sell Real Estate, Dec. 22, 1881

The said plaintiff Avers: 1″ That he is the dully and legally qualified the Administrator of the estate of Samuel Lawrence so appointed and qualified in this Court.  

2. That the valid debts of said decedent amount to $   as nearly as they can be ascertained (A statement of the same is hereunto attached marked Exhibit A and made a part of this petition as though set out in the body of the same) and the Charge of Administering the said estate will be about $200.00. 

3. And that the value of the personal estate and effects of said Estate is about $25.00 and not to exceed said amount and is wholly insufficient to pay said debts and costs of said Estate.

4.  That said Samuel Lawrence died seized in fee simple of the following real estate to wit:

Beginning at the South east corner of the Wolf Survey No. 10578; thence North 20 degrees west 160 poles to a stake in the line of the Rees-Hill survey No. 12179; thence North 78 degrees East 100 poles to a stake in the line of the Randolph Survey No. 10900; thence with the line of said Survey South 12 degrees East 160 poles to a beech and sugar; thence South 78 degrees west 100 poles to the place of beginning containing 100 acres of land more or less, also the following tract of land to wit commencing at the South East corner of Survey No. 12179; then North 12 degrees west  with the ast line of said Survey No. 12179 about 24 poles thence South 78 degrees West 135 poles to the east line of lands owned by Cyrus Dilles; thence South 12 degrees East, with Dilles East line about 24 poles to the stake in the in the South line of said Survey No. 12179; thence North 78 degrees East 135 poles to the beginning containing 20 acres of land more or less, said two tracts above described constituting the 120 acre farm of which the said Samuel Lawrence died seized. Also part of Military Survey No. 12179, described as follows: being 1 1/4 rods in the width off the South line of said Survey, lying between the west line of Samuel Lawrence above described land and the Kenton and Marysville pike & now used and occupied as a road from the said Kenton and Marysville pike to the above described premises. Also part of the Virginia Military Survey No. 12179 beginning in the East line of said Survey where the same is intersected by the Marion road; thence South with the west line of Survey No. 10900. 94 81/100 poles to a stake; thence South 80 degrees West 67 1/2 poles to a stake; thence South 80 degrees West 67 1/2 poles to a stake; thence North 9 degrees 40″ West 94 81/100 poles to said Marion road thence with said road North 80 degrees North 80 degrees East 67 1/2 poles to the beginning, forty acres of land more or less. Excepting ten acres heretofore sold off the west side of said tract to Patrick Cronley, all of said premises being in Hale Township, Hardin County. Ohio. 

5. That John S. Lawrence, Matilda Lawrence, Elizabeth Draper and Elizabeth Andrews and Clara Andrews infants under the age of 14 years and George P. Lawrence an infant of the age of 18 years and Ella S.I. Lawrence, Parmelia A. Lawrence infants under the age of 14 years the sole legal heirs of said Samuel Lawrence deceased and seized of the next estate of inheritance of said premises and that said George W. Ballon and Julia King have heirs on said premises and that said Edward Wyburn claims some interest in said estate the extent of which is not to said plaintiff known. Wherefore the said plaintiff prays that an order may issue to him to appraise and sell said real estate according to law and the heirs on said premises may be adjusted and for other proper orders to perfect he same. Signed Truman E. Penny and Frank C. Daugherty, Attorneys for Plaintiff. 

LIST OF CLAIMS:

The State of Ohio, County of Hardin) ss.

George P. Spracklin the plaintiff being sworn says he believes the facts stated and allegations in the foregoing petition to be true. Vol. 5, page 486-487

Geo. P. Spracklin: Presents Exhibit A a List of Claims on estate of Samuel Lawrence deceased. 

  • George W. Ballon mtg and int.  $1450.00
  • Julia King, mtg and int. $520.00
  • M. Cronley, note $150. and note $30.00
  • Mary Lawrence, note & int. $135.00
  • —-Older (Merchant) afc. $1600
  • —-Mathew (trimer) afc. $845
  • Hesse Snodgreass afc. $15.50
  • John S. Lawrence afc $150.00
  • Total $2562.95
  • George P. Spracklin afc. $23.00
  • Total $2585.95

NOTICE OF PETITION TO SELL:

To Probate Judge: Issue Summons on within petition returnable according to law, Penny and Daugherty. 

Summons in Probate Court: The State of Ohio, Hardin Co. ss) To George P. Spracklin, Admin. 

You are commanded to notify John S. Lawrence, Matilda Lawrence, Elizabeth Draper, Elizabeth Andrews, Clara Andrews, George P. Lawrence, Ella S. I. Lawrence. Pamela A. Lawrence and Edward Wyburn that on the 22 day of December A.D. 1881 George P. Spracklin Administrator of Samuel Lawrence Deceased, filed his petition in the Probate Court of said Hardin County, Ohio against hem and others: the object and prayer of which petition is to obtain an order for the Sale of Certain Real Estate therein describe, belonging to said decedent for the purpose of paying debts and that , and that unless they answer by the 21 days of January 1882 said petition will be taken as true and an order granted accordingly.  You will make due return of this writ on the 2 days of January A.D. 1882. Witness my signature as Judge of the Probate Court and the Seal of said Court this 22 day of December A.D. 1881.  John R. Selders Probate Judge per J.C. McCollough, Deputy Clerk. Seal. Vol. 5, page 488.

SHERIFF’s RETURN:

The State of Ohio, Hardin Co. SS)  Sheriff’s Return

Received this writ December 22 A.D. 1881 at 12 o’clock – M. and pursuant to its command I served the said defendants John S. Lawrence, Edward Wyburn, with a certified copy of tis writ together with the endorsements there on, on the 22 day of December 1881 and I served a duly certified copy of this Summons on the Defendants Geo. P. Spracklin on Dec. 23, 1881. Served the defendants Elizabeth Draper, Matilda Lawrence an Elizabeth Andrews & Clara Andrews infants under the age of 14 years and on Elizabeth Draper Guard. of Elizabeth & Clara Andrews, with a duly certified copy of this writ on the 26 day of December 1881. I served the defendants Ella S.I. Lawrence and Parmelia A. Lawrence infants under 14 years, and John Kellogg Guardian of George P. Lawrence, Ella S.I. Lawrence & Parmelia A. Lawrence with a duly certified copy of this writ on the 28th day of Dec. 1881. Sign Geo. P. Spracklin Sworn to etc. 28th day of Dec. 1881 sign John R. Selders, P.J. per J.C. McCollough Deputy Clerk. 

CROSS PETITION TO SELL LAND – Julia King

George P. Spracklin Admin vs. John S. Lawrence et. al. ) In the Probate Court of Hardin Co., O. Petition to Sell Land.

I hereby waive the issuing and service of process in the above entitled case and enter my appearance herein this 9th day of January 1882, Julia A. King by John King Agt. 

George P. Spracklin as Administrator of the estate of Samuel Lawrence deceased. Plaintiff vs. John S. Lawrence, Matilda Lawrence, Elizabeth Draper, Elizabeth Andrews, Clara Andrews, George P. Lawrence, Ella S. I. Lawrence, Parmelia A. Lawrence, George W. Ballon, Julia King and Edward Wyburn. Defendants. 

The State of Ohio, County of Hardin: In the Probate Court, Civil Action, Answer and Cross Petition of Julia King, January 20, 1882.

An now comes one of the defendants herein Julia King and for her separate Answer to the petition of said plaintiff Says: that on the 28th day of June A.D. 1880, the said Samuel Lawrence there in full life executed and delivered to this defendant Julia King, his certain promissory note of that date and thereby promised to pay to this defendant on order the sum of Five Hundred Dollars in four years after the date thereof with 8% interest thereon payable annually for value received, a copy of said note is hereto attached marked Exhibit “A.”

That on said 23 day of June A.D. 1880 the said Samuel Lawrence and Isabel Lawrence his wife to secure the payment of said note executed and delivered to this defendant their mortgage deed and thereby conveyed to this defendant her heirs and assigns the lands and tenements described in the petition. The condition contained in said mortgage deed as in substance that if the said Samuel Lawrence shall pay or cause to be paid the note above described to the said Julia King or he assigns when the same becomes due with the interest thereon according to the [teuor] thereof  then these presents to be void: otherwise to remain in full force and virtue in law.

On said 23 day of June 1880 at ten o’clock and forty minutes to forenoon, the said Mortgage was delivered to the recorder of said County to be by him entered on record and was duly recorded on June 24, 1880 in the mortgage records of said County. 

There is due and remaining unpaid upon said note the sum of $40.00 with 8% interest thereon from June 23, 1881 the interest _________and no part of said note and interest has been paid.  This defendant therefore asks that in Case said real estate is sold as prayed for in said petition that the mortgage of this defendant may be found by the Court and that out of the proceeds of said real estate said note and mortgage to be paid and for all proper relief.  Stillings & Allen, Attorneys for Julia King. 

The State of Ohio, Hardin County ss)  Julia King defendant being sworn says the statements and allegations in the foregoing answers and cross petition are true as she verily believes. Julia A. King. Sworn to be etc. January 20th, 1882. – Signed John R. Selders Probate Judge. $500.00 Mount Victory O., June 28, 1882. Four years after date of promise to pay to the order of Julia King Five Hundred dollars value received with interest at 8 percent payable annually, Samuel X Lawrence. Attest W. H. Fleck. 

CROSS PETITION TO SELL – George Ballon

George P. Spracklin as Administrator of the Estate of Samuel Lawrence deceased, Plaintiff vs. John Lawrence et. al. Defendants.

In the State of Ohio County of Hardin, In the Probate Court. Answer & Cross Petition of George W. Ballon, January 21, 1882.

The defendant George W. Ballon for answer and Cross Petition herein alleges:

  1. That on the 3rd day of August 1879, Samuel Lawrence then in full life borrowed of George W. Ballon & Co. the sum of One Thousand Dollars, Executing his bond therefore in due form thereby agreeing to pay to said George W. Ballon and Co. on the 1st day of August 1884 the said Sum of One Thousand dollars with interest thereon of 8% per annum. The interest being represented by Coupons attached to said bond, each of the amount of $40.00 (except the first which was for the sum of ($39.11) and due on the 1st day of August and February of each [intervearing] year up to the majority of said bond as aforesaid.
  2. That the Coupons maturing February 1, 1880, August 1st 1880, February 1st, 1881 and August 1, 1881 have been paid and there is now unpaid upon said indebtedness the sum of $1005.00 with 8% interest thereon from August 1, 1887. 
  3. that on said 3rd day of August 1879, said Samuel Lawrence and Elizabeth Lawrence his wife to secure the payment of said bonds and coupons aforesaid did execute and deliver to said George W. Ballon they’re certain Mortgage deed and did thereby convey to said George W. Ballon and here assigns the 120 acre tract of land described in the plaintiffs petition; the Condition of said Conveyance was in substance that if the Samuel Lawrence should well and truly pay the said bond aforesaid and coupon according to the [tenor] and effect to the same, then said mortgage deed to be void; otherwise to remain in full force and virtue in law; that on the 4th day of August 1879 at 4:40 o’clock PM said mortgage was filed for record by an with the Record of said County of Hardin and was forthwith recorded in the deeds record for Mortgages of said County in Volume S, page 87. 
  4. That said sum aforesaid as unpaid on said bond and Coupons and is a lieu on said premises aforesaid. Wherefore the answering defendant asks that said lieu aforesaid may be protected and for other proper relief. Wm. T. Cessna, Attorney for Answering Defendant. Vol. 5, page 490-491.

Summary: Wm. T. Cessna sworn oath that the above is correct and he is the representative of George W. Ballon.  January 21, 1882. Signed by John R. Seldon Probate Judge.

ORDER TO APPRAISE THE LAND:

George P. Spracklin as Administrator of the Estate of Samuel Lawrence deceased, plaintiff vs. John S. Lawrence, Matilda Lawrence, Elizabeth Draper, Elizabeth Andrews, Clara Andrews, George P. Lawrence, Ella S. I. Lawrence, Parmelia A. Lawrence, George W. Ballon, Julia King and Edward Wyburn. Defts.) In the Probate Court Hardin County O. January 21, 1882.

The plaintiff appeared and submitted this cause to the Court on the petition and evidence, on consideration whereof the Court do find the facts state and allegations contained in said petition to be true and that it is necessary to sell the real estate in the petition described to pay the debts of said estate & the costs of the Administrator thereof.

It is therefore ordered that [their] Judicious disinterested men of the vicinity freeholders being first duly sworn do upon actual view of the premises in the petition described make a just valuation of the same in money in the following manner to wit: Appraising as aforesaid the one hundred and twenty acre tract first in said petition described, and the thirty acre tract therein described separately also appraising as aforesaid the entire premises as in said petition described together and as one tract, and that said plaintiff thereupon proceed according to law to sell said real estate either in separate tracts or together as one tract upon the said premises at not less than two-thirds of such appraised value upon, deferred payments not exceeding two years and that he make his report forthwith of his proceedings to this Court. John R. Selders, Probate Judge.

ORDER of APPRAISEMENT & SALES:

The State of Ohio, Hardin County, ss) Order of Appraisement & Sales

To George P. Spracklin Administrator of the estate of Samuel Lawrence Deceased, Greeting: In  pursuance of an order and decree of the Probate Court in said County, made this day in a certain cause pending in said Court, wherein, you as the Admin of said Samuel Lawrence deceased, petitioner and John S. Lawrence, Matilda Lawrence, Elizabeth Draper, Elizabeth Andrews, Clara Andrews, George P. Lawrence, Ella S. I. Lawrence, Parmelia A. Lawrence, George W. Ballon, Julia King and Edward Wyburn., heirs of said deceased, and others, are defendants you are commanded by the oaths of Elias Converse, John Wagner and Lemuel Haines, upon actual view of the premises, to cause the Real Estate hereinafter described to be duly appraised as hereinafter ordered at the fair cash value thereof, and cause them to make return of their proceedings therein in writing to said Court. And forthwith after such Appraisement, to advertise, on the Premises in Hale Township and upon the following terms to wit: One third Cash on day of sale, one-third in one year and one-third in two years from day of Sale. The deferred payments to bear interest from day of sale, and be secured by Mortgage on the premises. It is further ordered that said premises be appraised as follows, to wit: 

1st The following real estate described tracts beginning at the South east corner of the Wolf Survey No. 10578; thence North 20 degrees west 160 poles to a stake in the line of the Rees-Hill survey No. 12179; thence North 78 degrees East 100 poles to a stake in the line of the Randolph Survey No. 10900; thence with the line of said Survey South 12 degrees East 160 poles to a beech and sugar; thence South 78 degrees west 100 poles to the place of beginning containing 100 acres of land more or less, also the following tract of land to wit commencing at the South East corner of Survey No. 12179; then North 12 degrees west  with the east line of said Survey No. 12179 about 24 poles thence South 78 degrees West 135 poles to the east line of lands owned by Cyrus Dilles; thence South 12 degrees East, with Dilles East line about 24 poles to the stake in the in the South line of said Survey No. 12179; thence North 78 degrees East 135 poles to the beginning containing 20 acres of land more or less, said two tracts above described constituting the 120 acre farm of which the said Samuel Lawrence died seized. Also part of Military Survey No. 12179, described as follows: being 1 1/4 rods in the width off the South line of said Survey, lying between the west line of Samuel Lawrence above described land and the Kenton and Marysville pike was used as a road from said pike to the above described premises and it is ordered that said appraisers do appraise all of said premises above  described as one tract and its is further ordered that said Appraisers do appraise as one tract. The following premises part of Virginia Military Survey No. 12179 beginning in the East line of said Survey where the same is intersected by the Marion road; thence South with the west line of Survey No. 10900. 94 81/100 poles to a stake; thence South 80 degrees West 67 1/2 poles to a stake; thence South 80 degrees West 67 1/2 poles to a stake; thence North 9 degrees 40″ West 94 81/100 poles to said Marion road thence with said road North 80 degrees North 80 degrees East 67 1/2 poles to the beginning, forty acres of land more or less. Excepting ten acres heretofore sold off the west side of said tract to Patrick Cronley. And it is further ordered that said Appraisers do appraise said tracts together & as one piece, and it is further ordered that said Administrator do sell said premises separately as above appraised or as one tract, to suit the purchasers thereof and as the best interests of said estate requires. And forthwith after such sale to report your proceedings herein to said Court.  In Witness Whereof etc. 23 day of January 1882. Signed John R. Selders Probate Judge, Hardin Co., O. by J.C. McCollough Deputy Clerk. 

Notary Public T. E. Penney states the appraisers did their jobs impartially…

The State of Ohio, Hardin County, ss;) In pursuance of the foregoing order after being first dully sworn and upon actual view of the premises therein described, we the undersigned Appraisers do estate the fair cash value of said 120 acres first described & the road leading thereto at $5415.00 and the 30 acre tract at $1350.00 and the entire 150 acres and road thereto at $6765.00.  Elias Converse, John Wagner, Lemuel Haines, Appraisers, January 23, 1882. 

SALE OF THE LAND:  to Joseph Smaltz and Patrick Crowley

George P. Spracklin submitted his summary to the court of the sale of the land of the late Samuel Lawrence in Hale Twp. at 11 o’clock A.M. on the 17th day of February 1882 on the premises for to Joseph Smaltz for $6200.00) he being the highest bidder.  In a separate Administrator Sale of Land document, the other part of the land was sold to Patrick Crowley for $1350.00. (This gave a very detailed description of the land which was featured in the documents above as well.)

This is the summary at the end.

“The entire tract of one hundred and fifty (150) acres and said road, appraised at $6765.00. The above real estate to be sold separately or in one tract to suit purchaser. Terms of Sale-one-third cash in hand; one-third in one year and one-third in two years from the day of sale, with interest, the deferred payments to be secured by mortgage upon the premises sold. Purchaser to have one-half of the wheat in the shock or one-third in the bushel at the option of the outgoing tenant. George. P. Spracklin, Administrator of Samuel Lawrence dec.d. F.G.C> Daugherty & T. E. Penny Attys.” Administrator Sale of Land, 

CERTIFICATE OF PUBLICATION

George W. Rutledge certified that the Kenton Republican newspaper printed and of general circulation in the county of Hardin and State of Ohio according to law over four weeks.  signed the 20th day of February 1882.

ENTRY CONFIRMING SALE & ORDERING OF DEEDS

This document of the court basically reviews the sales and that the deeds be conveyed and orders George P. Spracklin, Administrator to pay taxes, monies to George W. Ballon $1044.21 and Julia King$526.32,  on 17 February, 1882. Signed by J.E. Lowry, Probate Judge.

Samuel’s land was sold in Hale Twp. in February of 1882 and it would take two years to pay off the sale.  In the next post I will share about the final Accounts of the estate.

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About BJ MacDonald

Interested in travel, really into genealogy and researching my family history, classic novels and movies, fantasy and science fiction, photography, history and more... Here is a tip. Make sure you are commenting on the blog you were visiting and the post you were interested in. My blogs are listed by hovering over my pictures and clicking. Clicking one of them will take you back to the correct blog. You can try me here: bjmcdonell@gmail.com
This entry was posted in ANDREWS surname, Anna Lawrence and Lewis Andrews, Draper surname, Elizabeth and Clara Andrews, Elizabeth Lawrence & Mr. Draper, Elizabeth Spracklin & Samuel Lawrence, George Ella and Parmelia Lawrence, George Peter Spracklin and Rachel Munson, Hale Township, Hardin County, Hardin County Genealogical Society, John S. Lawrence, Lawrence surname, Matilda Lawrence, William Lawrence and Mary and tagged , , , , , . Bookmark the permalink.

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