William Scott's Estate

     Be it remembered that heretofore to wit, on the 20th day of August, AD. 1845,
letters of  administration on the Estate of William Scott late of Cass County Indiana
deceased were granted by the Clerk of this Court to Cyrus Taber and Benjamin H.
Smith in the words and figures following towit
     I  John B. Duret Clerk of the Probate Court in and for the County of Cass, in the
state of Indiana, do hereby certify that administration of the goods, chattels, rights,
credits, moneys, and effects, which were of William Scott late of Cass County
deceased, who died intestate, is granted unto Benjamin H. Smith and Cyrus Taber, and
the said Benjamin H. Smith and Cyrus Taber, having qualified and given land as such
administrators they are duly authorized to take upon themselves the administration of
such estate according to law.-- Witness my hand and the seal of said Court this 20th day
of August in the year of our Lord one thousand eight hundred and forty five. John B.
Duret Clerk prove ??? to the delivery of said letters said administrators filed the
following bond towit; Know all men by these presents that we Cyrus Taber and
Benjamin H. Smith and W.Z. Stewart of the County of Cass and State of Indiana are
held and firmly bound unto in the State of Indiana in the final sum of one thousand
dollars for the payment of which will and truly to be made, we bind ourselves, any
heirs, executors, and administrators, firmly by these presents. Sealed with our seals and
dated this 20th day of August AD. 1845. 
     The condition of the above obligation is such, that whereas letters of
administration have been granted by the Clerk of the Probate Court of Cass County,
in the State of Indiana, to the said Cyrus Taber & Benjamin H. Smith, upon the Estate
which was of William Scott deceased.-- Now if the said Cyrus Taber and Benjamin
H. Smith shall diligently and faithfully execute the duties and trusts consented to them
as such, and will obey all orders and ?????? of said Probate Court made pursuant to
law, touching the administration of said Estate so entrusted to them, then this land shall
be said otherwise in full force and effect.-- Cyrus Taber (seal) Benjamin H. Smith
(seal) W.Z. Stewart (seal).-- Whereupon the following oath was administered to said
administrators towit; We the undersigned do solemnly swear, that we will honestly and
faithfully discharge the duties, and trusts of our said appointments, according to law.–
Cyrus Taber    B.H. Smith
     And afterwards towit: at a term of the Probate Court of said County began and
held at the Court House in the Town of Logansport on Monday the tenth day of
November A.D. 1845 the following entry was made and is as follows towit:- Letters
of administration having been granted by the clerk of this Court upon the above named
Estate to Cyrus Taber and Benjamin H. Smith and the said Taber and Smith having
executed and filed their Bond in the Office of the Clerk of this Court with William Z.
Stuart as their security, and having also taken and subscribed this 

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oath prescribed by law and no valid objection appearing to the acts of the Clerk in
issuing said letters of administration or the taking of said Bond the acts of the Clerk in
this behalf are hereby ratified and adopted as the acts of this Court.-
     And afterwards towit: on the day and year last aforesaid the following entry was
made as is as follows towit:- F. O. Miller as the administrators of William Scott's
estate- Debt. $13.45 - Comes now the Plaintiff in person and also the defendant in
person, and the plaintiff now file the following claim the said estate towit:- For sundry
medicine and medical attendants from 1845 March the 20th to June the 14th same year
$13.45.  F. O. Miller and the said claimant having signed to submit his account to the
summary determination of the Court, and the proofs and allegations of the parties
having been heard by the Court the Court do say and find for the plaintiff and allow
his claim to the amount of $13.45.  Therefore it is considered by the Court now here
that the plaintiff do recover of and from the said Administrators of the goods and
chattels rights credits moneys and effects which were of said William Scott deceased
at the time of his death the said sum of $13.45, together with his costs and charges in
this behalf expended said debt and costs to be bond (?) of the goods and chattels,
which came to the hands of said Administrators to be administered or which shall
hereafter come to his hands as such Administrator to be administered.-
     And afterwards towit on the 4th ?? one day of said term the following
proceedings were entered of record towit: Henry Martin vs William Scott dec'd Note.-
Comes now the plaintiff and files in open Court a note of his claim against, the said
Estate, in these words towit:- For and in of a clock this day sold me by G.W. Cleveland
twelve months from date, for value received I promise to pay to the said G. W.
Cleveland or haves the sum of twenty two dollars, without any relief whatever from
valuation or appraisement laws.- August 24th, 1843. William Scott.-
     And afterward towit at a term of the Probate Court of Cass County began and
held at the Court House in the City of Logansport on the first Monday being the 2nd day
February AD 1846 the following proceedings in the second judicial day of said term
were entered of record in these words towit- William Brown & son vis William Scott
dec'd $63.44.- Comes now the plaintiff and files the following account against said
Scott dec'd in writing, towit: Col William Scott in a/c with W. Brown and W. Brown
Sr. 1841 May 24. To 3. ?? hats. 75 cents $2.25 May 28 order paid Richardson $2.50
June 3 1/4 Powder 13.  June 4 ?? C 87, $2.62 12.  4 ?? hats (to ??) $1.00 July 11. 1
thimble 06, 1 % paid chappell $1.50 30. 12. yards muslin 25 cents $3.00 do 10. do 10
cents. $1.00 do 10. ?? 75 cents $7.50 - August 3. $7.?? ?? 35 cents 75 - do 3. 3 yds
muslin 25 cents 75 do 1 coffee mill $1.00 do 1 mill towit 50 September 23. 3 yds ??
$1.00 $3.00 do 3 do muslin 44. Total $28.00.

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Credits 1844 December 3rd By Cash $10.00 – Balance due W. Brown & W. L. Brown
$18.00 – note to N.B. & D.B. Preston $18.75 Interest $25 – $24.60 – Note to W.
Brown and Son $14.69



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Probate Court of Cass County – Feb. 3 1846.  James Stovers B.H. Smith Admin. – and
the Court after hearing the proofs and allegations of the parties, do say and find for the
plaintiff and allow his claim to the amount of Sixteen dollars and twenty nine cents -- 
Therefore it is considered by the Court now here that the plaintiff do recover of and
from the defendant Administrators as aforesaid the sum of sixteen dollars and twenty
nine cents together with his costs and charges in the behalf expended – Said debt and
costs to be levied of the Goods and chattels which have come to their hands to be
administered or shall here after come to their hands to be administered. – And
afterwards towit, on the sixth judicial day the following proceedings were entered of
record in these words towit: Peter Anderson vs. B.H. Smith & C. Taber Admirs of
William Scott Deceased – Comes now the plaintiff and files the following claim
against said deceased in the words and figures following towit – The estate of William
Scott deceased To Peter Anderson Dr. Feb 7, 1846 To Amt. of judgement and bal. on
cost.  (see transcript)  $8.78    To one transcript to file Probate Court  .25 – Note of
hand executed to Jane M. Davis Nov. 8 \41 for $25.00 Interest due on note up to Feb.
7, 46 & 6.37 (see note on file)  Total $40.50.  Tax Interest on $32.80 from Feb. 7, to
July 7, 1846  .90.  Total $41.40  –  And afterwards towit at a time of the Probate Court
in and for the County of Cass in the state of Indiana began and held at the Court House
in the Town of Logansport in said County on the first Monday being the sixth day of
April, A.D. 1846 before the Honorable John S. Patterson Judge of said Court, the
following proceedings on the second judicial day of said term, were entered of record
in these words towit: John B. Duret vs. C.Taber and B.H. Smith Admirs of William
Scott deceased – Debt $41.74  Damages $5.21 – $46.95.  Comes now the plaintiff in
person and the defendants also in person, and the plaintiff now files the following
claim against said Estate towit: Logansport Mar 8, 1844.  One day after date I promise
to pay to the order of  Jno B. Duret Forty one 74/100 dollars for value received –. 
William Scott – And the parties now agree in writing to submit the matter in
controversy to the summary decision of the Probate Court which is in these words, We
hereby agree to submit the matter of the above claim to the summary determination of
the Probate Court of Cass County April 7, 184?  Jno B. Duret Cyrus Taber and the
Court after hearing the proofs and allegations of the parties do say and find for the
plaintiff and allow his claim to the amount Forty six dollars and ninety five cents.  It
is therefore considered by the Court now here that said plaintiff do recover of and from
the said Taber and Smith Administrators of the Goods & Chattels right credits moneys
and effects which are of William Scott deceased at the time of his death the said sum
of forty one dollars and seventy four cents in debt and five dollars and twenty one cents
in damages – making in all the sum of Forty six dollars and ninety five cents together
with his costs and charges in this behalf expended said debt, damages and costs to be
levied of

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of the Goods & chattles which have come to the hands of siad Administrators to be
administered or which shall come to their hands to be Administered – And afterwards
towite on the third judicial day of the July term 1846 of said Court the following entry
was made is as follows towit:  Williamson Wright vs Cyrus Taber & B.H. Smith
Administrators of William Scott deceased. – Comes now the plantiff in person and the
defendants also in person and the plantiff now files his claim against said Estate
amounting to Fifty Dollars upon which there is a judgement entered on page 248 of
Order Book B. of this Court. – And afterwards towit on 4th judicial day of said term
the following entry was made and is as follows towit. – Geo W. Blakemore vs C. Taber
& B.H. Smith Admirs of William Scott deceased.  Come now the said plaintiff by H.P.
Beddle his attorney and the defendants in person and the plaintiff now files notes
against said Estate, amounting to $16.40, upon which there is judgement in favor of
said plaintiff on page 249 of Order Book B. of this Court. – And afterwards towit on
the 7th judicial of said term the following entry was made and is as follows towit —
Wm Brown & Son bs B.H. Smith and Cyrus Taber Admirs. of Wm Scott deceased –
Comes now the plaintiff by WmSon Wright, their attorneys and the defendants in
person and siad plaintiffs now file the following against said Estate, amounting to sixty
four dollars and ninety five cents, upon which there is a judgement entered on page
255 of Order Book B. of this Court. – And afterwards towit on the 9th judicial day of
said term the following entry was made and is as follows towit: – Peter Anderson vs.
C. Taber and B.H. Smith Administrators of William Scott deceased. – Comes now the
plaintiff and it appears to the satisfaction of the Court that the said Peter Anderson had
heretofore filed his claim in this behalf in the office of the Clerk of this Court
amounting to Forty one dollars and forty cents and the said defendants being each three
times called come not but herein make default thereupon the Court rendered a
judgement in favor of said plaintiff on page 266 of Order Book B. of this Court. – And
afterwards towit at the April term 1847 of said Court the following entry on the 3rd
judicial day thereof was made and is as follows towit: John ?apst vs Wm Scott
deceased C. Taber Admir – see judgement in favor of said plaintiff for said amount of
One dollar and nineteen cents, on page 319 of Order Book B. of said Court. – And
afterwards towit: at the July term 1847 of said Court the following entry on the 9th
judicial day thereof was made and is as follows towit: Joseph Foresman vs William
Scott deceased – Comes now said plaintiff and files a note against said Estate
amounting to $3.75 see page 350 of Order Book B. of this Court. – And afterwards
towit at the July term 1849 of said Court, the following entry on the 10th judicial day
of said term was made and is as follows towit – In the matter of the Estate of William
Scott deceased. – Comes now Cyrus Taber one of the Administrators of said Estate and
files a report of his proceedings as such Administrator accompanied by sundry
vouchers numbering from 1 to 8 by which it appears there is now in the hands of said
Aministrators the sum of Ninety Dollars and thirty cents unexpended. – And said
Cyrus Taber now files

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his written resignation of said trust and asks to be discharged from any further
attendance on this Court as such Administrator which resignation is now accepted by
this Court and said Taber is now ordered to deliver to B.H. Smith now the sole
administrator all the moneys papers and other property belonging to said Estate. – And
afterwards towit: on the day last aforesaid the following entry was made and is as
follows towit. – Taber and Chase vs Estate of Williams decd. – Comes now said
plaintiff and files an account against said Estate amounting to the sum of Nine dollars
and seventy six cents, see page 522 of Order Book B. of this Court. – And afterwards
towit at the April term 1850 of said Court the following entry, on the 3 judicial day of
said term, was made and is as follows towit – I n the matter of the Estate of William
Scott deceased. – Comes now B.H. Smith Administrator of said Estate and files his
resignation of said trust and said resignation is now accepted and said administrator
discharged from further attendance on this Court, but not released from responsibility
for former acts. – And afterwards towit at the October term 1850 of said Court, the
following entry on the First judicial day of said term was made and is as follows towit.
– In the matter of the Estate of William Scott deceased – Henry P. Berry De Bonis non.
– Letters of administration upon the above Estate having been granted in vocation,
towit: on the 3rd day of June 1850, by the Clerk of the Court to Henry P. Berry, and the
said Henry P. Berry having qualified and executed and filed his bond, with Thomas
K. Hansberry and William Nelson as his Securities in the final sum of Eight hundred
dollars, the acts of the Clerk in this behalf are ratified and adopted as the acts of this
Court. – And afterwards towit at the April term 1851 of said Court, the following entry
on the 6th judicial day of said term the following entry was made and is as follows
towit – In the matter of the Estate of William Scott deceased – Comes now the plaintiff
Henry P. Berry Administrator Debonis non of said Estate and files a report of receipts
and expenditures in this behalf accompanied by two vouchers which report is in these
words towit – In the matter of the Estate of William Scott decd – To the Honorable A.
W. Higgins Probate judge of Cass County – ? ? – Henry P. Berry Administrator
DeBonies Non of the Estate of William Scott deceased respectfully reports that he has
secured charges himself with – Amount recd from C. Taber and B.H. Smith the former
admininstrators $70.19 promissary note on Vincent Loutham and William P. Loutham
$8.00 = $78.19  And further that he credit himself with the payment of taxes for
$18.50 voucher no 1 $4.65  For letters of Administration voucher no 2 $2.50 = $7.15. 
Leaving a balance in my hands when collected of $71.04 – All of which is respectfully
submitted this 12th day of April A.D. 1851.  Henry P. Berry Admr Debonis non
William Scott's Estate –.  And afterwards towit at the October term 1851 of said Court
the following entry

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In the fourth Judicial day of said term, was made and is as follows towit – In the matter
of the Estate of William Scott deceased - Henry P. Berry Administrator Debonis non
of the Estate of William Scott deceased vs Otilda Scott widow of deceased and Moses
Scott   Anthony D Scott   Graham N.F. Scott   Harriet F Scott  and   Edward W. Scott 
 children and heirs at law of said deceased, and the Board of Trustees of the Wabash
and Erie Canal – Petition to sell real estate of decd 
     Comes now the said Henry P. Berry Administrators as aforesaid and produces
the written oath of Lewis F. Boyer and Peter C. Berry appraisers selected by him to
appraise certain real estate, also the inventory and appraisement of two certain canal
land certificates numbered 3401 and 3402 also of a certain Canadian land warrant the
sum total of the appraised value of the same being $1400.  which oath, inventory, and
appraisement are in the words and figures following towit: An Inventory and
appraisement of certain real estate belonging to William Scott late of Cass County in
the State of Indiana deceased at the time of his death– The said William Scott was the
holder at the time of his death of Canal certificate no 3401 dated October 1840
assigned by Jesse L. William commissioner, certifying that George M. Beswick had
on that day purchased of the commissioner of the Wabash and Erie Canal, the East half
of the South west quarter of section 17 in Township twenty six (26) North of Range
3 East containing 80 acres at $3.00 per acre amounting to $240. of which there had
been paid to the commissioner $60. being a fourth of the purchase money and $10.80
being 6 per cent interest for one year an advance on the residue – and that is a second
payment of $14 amounting to $60. should be paid to the state within one year from that
date and the remaining balance of $120. be paid to the State within 10 years from that
date together with 6 per cent payable annually in advance on the sum remaining unpaid
agreeably to the provisions of an act approved February 24, 1840 then the said
Beswick should be entitled to receive a patent from the State of Indiana for said tract
of land – which certificate was assigned on May 17, 1841 by the said George M
Beswick to the said Scott – The second installment of the purchase money has been
paid, and there is now due on said certificate of principal the sum of $120.00 and no
interest – We appraise the interest and right of the said Scott in and to said land by
virtue of said certificate at the sum of Six hundred Dollars ($600.00)  The said Scott
was also the holder at the time of his death of a similar certificate of said date and
issued to said Beswick numbered 3402 for the West half of the South East quarter of
Section 17 in Township no 26 North of Range no 3 East containing 80 acres bought
of the said commissioners at $3.00 per acre and on which there is due of principal at
this time $140 – A patent to be made on the same terms as above – which certificate
was assigned by the said Beswick on the 17th day of May 1841 to the said Scott we
appraise the interest and right of the said Scott in and to said last named tract of land
by virtue at the sum of six hundred dollars ($600.00)  The said William Scott was also
the legal holder at the time of his death
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of Canadian land warrant no. 29 issued on the 20th day of July 1816 by the Secretary
of War to George Hall certifying that pursuant to an act of Congress passed on the 5th
day March 1816, entitled "an Act granting bounties in land and extra pay to certain
Canadian Volunteers" George Hall, who served in the quality of a private in the Corp
designated by the denomination of Canadian Volunteers was entitled to 320 acres of
land to be located in quarter sections upon any of the unappropriated lands of the
United States within the Indiana territory which should have been surveyed prior to
such location re–  Which said Bounty land certificate was duly transferred and
assigned by the said George Hall on March 16th, 1817 to one Ezra Platt, and which said
certificate was likewise assigned and transferred by the said Platt to the said William
Scott on January 11th 1840.  We appraise said land warrant for certificate, the same not
having been located according to law at the sum of Two Hundred Dollars ($200.00)
–  Peter C. Berry   Lewis F. Bowyer.   We  Peter C. Berry and Lewis F. Bowyer
citizens of Cass County Indiana and house holders and freeholders of said County do
solemnly swear that we will well and truly and honestly and unpartially appraise the
estate property  and effects which shall be exhibited to us belonging to the Estate of
William Scott deceased according to the best of our judgment and ability –  Witness
our hands this July 12th 1851, Lewis F. Bowyer – Peter C. Berry – Subscribed and
sworn to before me a Justice of the Peace of said county and State on this July 12th
1851 –  Thomas P McBeam   [seal]   Justice of the Peace – and the said Henry P Berry
now files also his memorial for the sale of the interest of the deceased in lands
described in said Canal certificates and of the interest of the deceased in said Canadian
land warrant, which memorial, is duly sworn to and is in these words and figures
following towit.--  The state of Indiana Cass County  – To the Honorable the Probate
Court of Cass County in the State of Indiana October term 1851.  Your petitioner
Henry P Berry Administrator debonis non of the Estate of William Scott late of said
County deceased, who died intestate respectfully represents unto your Honor, that the
amount of personal property of said Estate which has come to his hands is $78.19.  as
per his report to this Court of April 12th, 1851.  There came to the hands of his
predecessors in office of personal property, as appears by the report of Cyrus Taber
filed in this Court July 11th  1849 the sum of $367.47.  there was distributed by his
predecessors as appears by the last named report – To the Widow $150.00.  On various
claims against the Estate $91.92.--  $241.92–  The only assets that came into your
memonalots hands was as above stated $78.19 and the present balance in his hands as
will appear by his report above is only $71.15. –   Your memonalist is not able to state
all the debts outstanding against the Estate of the said William Scott but supposes they
will amount two or three thousand dollars. The following claims have been filed as
demands against the Estate –
1.   Note in favor of John B Duret against deceased for $41.74
2.   Judgment favor of James Stevens former Administrator $16.29
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3.   Claim of W. Brown and few against Estate for $63.44
4.    Note of Hizekiah Hubbel against the deceased dated January 17, 1831 for $8.00
5.    Note of Jane Davis against deceased dated Nov 8, 1841 for $25.00
6.    Note given by deceased to G. M. Cleveland and assigned to Peter Anderson for
$22.00
7.    F.O. Millers account against deceased for medical bill $13.75
8.    Due bill of deceased to Joseph Fureman $3.75
9.    Judgement of Barton R. Keep against former Administrator $8.47
10.  Judgement in favor of Caleb Harrison against former Administrator $32.26
11.  Claim of G. N. Fitch for medical services to deceased $51.12
12.  Note of deceased to Wright and Patterson – assigned $15.00
13.  Note of deceased to Strange Miller dated March 17, 1842 $24.00
14.  Due bill of deceased to Geo. W. Blakemore of September 10, 1842 for $9.35
15.  Judgement in favor of Haysbuck and Buck against the deceased for $70.81 in the
Docket of James W. Dunn Balance due on same probably $60.00
     There are other and larger liabilities known to exist against the Estate with the
particulars of which he is not acquainted.  They not having been as yet exhibited to
him.  Without further numeration it will be appearant to the Court that the personal
Estate is utterly insufficient to pay the debts outstanding against the Estate.  Your
menomalist further show that the said William Scott was at the time of his demise the
lawful of two canal land certificates both issued by the Commissioner of the Wabash
and Erie Canal (Jesse L. Williams) on the 6th day of October 1840 to James M.
Beswick numbered respectively 3401 and 3402 and both assigned by the said James
M. Beswick to the deceased on May 17, 1841.-  Certificate No. 3401 calls for the East
half of the west quarter of Section No. seventeen (17) in Township No. twenty six (26)
North of Range No. three (3) East containing 80 acres - and there is a balance of
purchase money due thereon of $120. said certificate has been appraised at Six
hundred dollars ($600.). - Certificate No. 3402 calls for the West half of the South East
quarter of the same Section Township range containing 80 acres and there is a balance
of $140. of purchase money due thereon said certificate has been appraised at Six
hundred Dollars $600.00 – Your memonialist refers to the inventory and appraisement
filed here for a more perfect description.  The title to the above two tracts of land is
vested in the Board of Trustees of the Wabash and Erie Canal which Board is hereby
made defendant hereto – Your memonialist further represents that the said William
Scott was also at the time of his death the legal holder of a Canadian Bounty Land
Warrant numbered 29 issued at the War Office of the United States the 21st day of July
1816 by William H. Crawford Secretary of War registered by Nat Cutting Clerk,
certifying that pursuant to an act of Congress passed on the 5th day of March 1816
entitles "An Act granting Bounties in Land and Extra pay to certain Canadian
volunteers" George Hall who served in quality of a private in the Corps designated by
the denomination of Canadian 
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was entitled to three hundred and twenty acres of land to be located in quarter sections
upon any of the unappropriated lands of the United States within the Indiana Territory,
which should have been surveyed prior to such location &c &c, which said warrant
was on the 10th day of March 1817 duly assigned and transferred by the said George
Hall to one Ezra Platt, and which said Platt on the 11th day of January 1841 duly
assigned and transferred said warrant to the said William Scott which warrant and
assignments your menomialist now brings into Court for its inspection.-- and which
warrant has been appraised at Two hundred dollars $200.00. – Your menomialist
further shows that the said William Scott died intestate leaving Otilda Scott his widow
who is still alive and whose dower in the lands of the deceased has not been assigned
also the following his only heirs at law, aged as follows, towit  Moses Scott aged about
31 years, Anthony D. Scott aged about 21 years, Graham N.F. aged about 12 years,
Harriet F. Scott aged about 12 years, Edward W. Scott aged about 9 years all of which
said Widow and heirs at law above named with said Board of Trustees are also made
defendants to this petition and reside in the state of Indiana. – Your menomialist
further shows to the Court that the probable value of the interest in the two tracts of
land just named is the amounts at which they are appraised as aforesaid and that the
probable value of said land warrant is its said appraisement.  Your petitioner further
shows that in his opinion it will be necessary to sell both of said canal certificates and
said land warrant in order to pay the debts against said Estate – He therefore prays that
the said defendants may be duly notified of the pendency of this petition that a
guardian ad litem may be appointed for the minor defendants that the defendants may
be deguised full true and perfect answer to make to the petition and unless cause to the
contrary shall be shown, he prays for an order directing and allowing him to sell said
Bounty land warrant and said Canal land certificates and all the Estate right and title
and interest of the said William Scott therein at the time of his death that the same may
be converted into assets for the payment of the debts and demands outstanding against
said Estate.  Henry P. Berry
     The State of Indiana, Cass County – personally came before me the undersigned
Clerk of the Probate Court of said County on this Oct. 9th 1851 the within named
Henry P. Berry who being duly sworn upon his oath swears that the matters and things
contained in the within and foregoing memorial signed by him are true as he is
informed and surely believes. – Henry P. Berry. – Subscribed and sworn to the Oct.
9th 1851 John B. Duret Clerk. – And in motion of the said Henry P. Berry
Administrator aforesaid it is now ordered by the Court that the said defendants to said
memorial towit. Otilda Scott widow of said deceased, and Moses Scott Anthony D.
Scott Graham N. F. Scott Harriet F. Scott, and Edward W. Scott
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the children and heirs at law of the said deceased – and the Board of Trustees of the
Wabash and Erie canal be notified of the filing and pendency of said memorial and that
they appear in this Court on the first day of the next term of this Court to be holden at
the Court house in Logansport and show cause if any they can why an order should not
be made for the sale of the real estate and of said Canadian land warrant in said
memorial mentioned and described agreeably to the payer of said memorial – And
afterwards towit, at the January Term 1852 of said Court the following on the third
Judicial day thereof was made and is as follows towit: Henry P. Berry vs Otilda Scott
widow of William Scott deceased  Moses Scott, Anthony D Scott, Graham N F Scott,
Harriet F Scott, Edward W Scott and the Board of the Wabash and Erie Canal. Petition
to sell certain Real Estate. Come now Henry P. Berry Administrator of the Estate of
William Scott late of said County deceased and the said Anthony D Scott and the
Board of Trustees of the Wabash and Erie Canal come also by John W. Wright their
attorney and enter their appearance to said Petition and say they can show no cause
why the prayer of said petition should not be granted and the said Otilda Scott  Moses
Scott  Graham N F Scott  Harriet Scott and Edward W Scott having each three times
called come not but herein wholly make default. And Appearance to the satisfaction
of the Court by the returns of the Sheriff of Cass and Wabash Counties upon the writs
of summons issued to those officers respectively that the said Moses Scott, Otilda
Scott, Graham N F Scott, Harriet F Scott and Edward W Scott, have been duly notified
of the pendency of said petition more than thirty days before the present final day of
the present term of this Court. It is therefore considered by the Court that the matters
and things contained in said petition be taken as confessed; and it appearing to the
satisfaction of the Court that the said Graham N F Scott  Harriet F Scott and Edward
W Scott, are minors, the Court therefore appoints John F. Dodds, Esq. a decent person,
their Guardian ad litem, which said Dodds now appears in Court and accepts his
appointment and is duly sworn to the further discharge of his duties as such Guardian
and now files in behalf of said infant or infants the following answer towit: The State
of Indiana Cass County for? Henry P. Berry Administrator of William Scott deceased
vs. Otilda Scott Moses Scott and others. Petition to sell Real Estate. pending in the
Cass Probate Court, The final and sincere causes in of Graham N F Scott  Harriet F
Scott, and Edward W Scott minor children and heirs at law of William Scott deceased
by John F Dodds their Guardian ad litem. – The said minor defendants by their
Guardian ad litem now come, and for answer to said petition for the sale of Realtors
re say and admit they are minors and heirs at law of the said William Scott deceased
further than this they can neither admit or deny but consent 
Page 12 — 
their interests to the care of this Honorable Court. – John F Dodds – and the Court
previous to granting the order prayed for in said petition requires the Administrator to
file an additional Bond with William Chase as security thereon payable to the State of
Indiana in the penal sum of $200.00; conditioned according to law, which order is now
complied with and said Bond is now filed and approved. And no cause being shown
against the prayer of said petition and the Court after hearing testimony being satisfied
of the truth of said petition and of the necessity of selling the Canal Land certificates
and the Canadian Land Warrant in said petition described do now made the following
order and decree in the premises towit: – It is ordered adjudged and decreed by this
Court now here that the said Henry P. Berry as such Administrator as aforesaid, do
proceed to sell at public sale at the Court House down in Logansport, to the highest
bidder and after giving due and timely notice of the time and place and terms of sale.
The said Canadian Bounty land Warrant numbers 229, issued at the war office of the
United States the 20th day of July 1816 described in the said petition, and said Canal
land certificates in said petition described, numbers 3401 and 3402 calling for the East
half of the fourth west quarter of Section No 17 in Township N26 North of Range
three East containing 80 acres, and for the West half of the South East quarter of the
same section Township and Range containing 80 acres, and all the estate Rights Title
and interest by the said William Scott in said two tracts of land at the time of his death.
And it is further ordered and decreed by the Court that the said Canal land certificates
be sold subject to the ???? therein of the said widow Otilda Scott. And that said
Administrator sell said Bounty Land Warrant and said canal land certificates upon the
following terms towit: one half of the purchase money to be paid in land, and the
balance of the purchase money to be paid at the expiration of twelve months from the
day of sale with interest thereon – the deferred payment to be ????? by the purchaser
or purchasers with good personal security – And it is further ordered by the Court that
said Administrator proceed to make the sale aforesaid on Saturday the 4th day of March
1852 at one o'clock P.M. – Just afterwards towit at the same term the following entry
in the in the ninth judicial? day of said term was made as is as follows towit. – in the
matter of the Estate of William Scott. It appearing to the Court by the petition of Henry
P. Berry Administrator of the Estate of William Scott heretofore filed verified by his
oath, that said Estate is probably insolvent. – It is therefore ordered on motion of said
Administrator ordered by the Court, that said Estate be declared insolvent – An it is
further ordered by the Court that notice of such insolvency be given to the Creditors
of said Estate requiring them to present their claims against said Estate for allowance
within ten months from the date of the first publication of such notice or they will not
be entitled to payment –