Probate Records

Asa Martin of Martin County

State of Indiana, Martin County

In the Martin County Probate Court
January 7(?), 1847

To the Honorable the Judge of said Court in Chancery sitting.
Humbly complaining now unto your Honor your complainants William HICKMAN and Ruthe HICKMAN wife of the said William and Nathan GREENSTREET and Polly GREENSTREET wife of the said Nathan that on or about the fifteenth day of September A.D. 1841, Asa MARTIN late of said County of Martin died interstate leaving as his heirs at Law surviving him (his children) as follows the said Ruthe HICKMAN formerly Ruthe MARTIN since intermarried with the said William HICKMAN, Polly MARTIN since intermarried with the said Nathan GREENSTREET, Ann MARTIN since intermarried with Francis RUGGLES (?), William Martin, Asa MARTIN (Junior), Nancy MARTIN, Hette MARTIN, Jesse MARTIN, Thomas MARTIN, Jonathan MARTIN, Jane MARTIN, and Susan WILLIAMS formerly Susan MARTIN intermarried with one John M. WILLIAMS. And that since the death of the said Asa as aforesaid the said Susan WILLIAMS has died leaving as her only child and heir at Law Sarah Jane WILLIAMS. And that since the death of the said Asa MARTIN as aforesaid, towit, on or about the 15th day of October A.D. 1841 letters of administration were in due process of law issued to the said William MARTIN of all and singular(?) the goods, _____(?), rights, credits, moneys, and effects which were of the said Asa Martin at the time of his death. And Your Complainants further show unto Your Honor that by virtue of the promises(?) aforesaid the said William MARTIN took upon himself the burden of the administration of said Estate and that large amounts of property came to his hands as such administration to be administered, towit, the sum of $500.00. And Your Complainants charge that the said William MARTIN in making an inventory of the personal estate of said deceased failed to inventory and account for large amounts of money and property belonging to said deceased but fraudulently wasted the same and converted it to his own use. The several article and amounts of which are as follows, towit, one rifle gun of the value of $12.00. 1 pair of _______(?) worth $2.00. 2 chopping axes of the value of #3.00. 1 Bay horse worth $50.00. 1 Chestnut Sorrel mare worth $40.00. 1 bridle saddle and martingales worth $12.00. 1 writing desk worth $12.00. 1 _____(?) wedge worth $1.00. 1 _____(?) worth $1.50. 1 apple mill worth $10.00. 1 scythe & cradle(?) worth $4.00. 1 carving knife and fork worth $1.00. 1 Butcher knife worth $.50. And Your Complainants charge that the said William MARTIN was indebted to the said Asa MARTIN for money loaned to him by the said Asa in his lifetime for the purpose of enabling him the said William to purchase land in the sum of $25.00 for which he has wholly failed to account. And Your Complainants further charge that the foregoing articles came to his hands as the goods and chattels(?) of the said Asa to be administered but that the said William MARTIN not _____(?) his duty as administrator as aforesaid, has not only failed to make an inventory of the property aforesaid but to account for the same in any manner whatever and has converted the same to his own use as aforesaid. And Your Complainants further show unto Your Honor that the said William MARTIN has greatly wasted and destroyed the property and Estate of said deceased and proved unfaithful in the administration of the same in this that the said William MARTIN fraudulently admitted one John M. WILLIAMS to be allowed the sum of $137.00 for services which he the said WILLIAMS pretended he had rendered the family of said deceased in his lifetime, and paid and satisfied said claim out of the assets belonging to said estate. When in truth and in fact he the said William MARTIN well knew the said claim to be unjust and not owing by said estate. But collusively admitted said claim and paid it as aforesaid. And also in this that he the said William MARTIN charged the said estate for his services an exorbitant and unreasonable price which are as follows, he charged said estate for keeping 13 head of cattle 22 days $22.00, for keeping 25 head of sheep 22 days $5.50 and for keeping 25 hogs 22 days $5.50. When in truth said cattle, hogs, and sheep were fed upon grain belonging to said deceased. And were fed and taken care of by the family of said deceased, and not by the said William MARTIN. And Your Complainants further charge that the whole amount of property which came to the hands of the said William MARTIN as such administrator as aforesaid was amply sufficient for the payment of the last debts owing by said deceased and all proper charges against said estate and that by reason of the waste and unfaithful administration as aforesaid the personal estate of said deceased was much decreased in value and the pretended indebtedness of the estate much increased. And for the purpose of paying those pretended debts as above charged the said William MARTIN admin. as aforesaid on the 10th day of August 1843 filed in the Probate Court aforesaid his petition to sell certain real estate therein mentioned(?) belonging to the estate of said deceased alleging the insufficiency of the personal estate aforesaid to pay those debts. And such proceedings ___(?) afterwards thereupon had prove _____(?) to _____(?) in said Court before the filing of this bill that one tract of land belonging to said decedents estate, towit, the south east quarter of the northwest quarter of section four in township two north of range four west was sold to one John BOWSMAN for the sum of sixty one dollars and sixty eight cents. And that all other tracts belonging to said decedents estate, towit, the south part of the east half of the south east quarter of section thirty three in township three north of range four west was sold to Nancy MARTIN the widow of said decedent for the sum of one hundred and twenty dollars. When in truth the said estate was not indebted justly(?) in so large an amount as the said William Admin. as ____(?) in his said petition _____(?). And this he, the said William, will know and(?) when in like manner the personal estate of said decedent amounted to a much larger sum than he , the said William, in his petition alleged. And was amply sufficient as he well knew for the payment of the debts and charges against said estate as aforesaid. Your Complainants then say that by reason of the fraudulent conduct of the said William as aforesaid Admin. in processing the aforesaid real estate to be sold as aforesaid, the estate of said decedent was put to much further and unnecessary expense and was further wasted and destroyed as aforesaid. And has been otherwise much wasted and destroyed by the mismanagement and delay of the said William in the Administration of said estate. In tender consideration whereof and for as much as Your Complainants have not an adequate and complete _____(?) at law in the _____(?). Your Complainants pray Your Honor to take _____(?) of this cause and upon the allegations herein being found true. That the said William Adm. as aforesaid will account herein for the property which he has failed to inventory and otherwise account for. And for such amount of money as he may be indebted to said estate aforesaid may be charged with the several articles of property not inventoried as aforesaid and for such money as he may owe said estate as aforesaid and for such other waste as he may have committed in the _____(?) as above charged. And for such _____(?) of _____(?) as he may have unjustly charged said estate with for his services and for such _____(?) as he may have fraudulently permitted said estate to be charged with and paid out of the assets thereof, in the settlement of said estate. And that Your Complainants may have such other and further relief in the _____(?) as to Your Honor may _____(?) _____(?). To the end therefore that the said William MARTIN may full true(?) and perfect _____(?) make to all and singular the matters aforesaid as if he were _____(?) again particularly interrogated. May it please Your Honor to _____(?) to Your Complainants the stated _____(?) of _____(?) _____(?) to the proper officer _____(?) _____(?) the said William MARTIN to be and appear before Your Honor at the next time of this Court to answer _____(?).

Sol. for Complainants

The Clerk will please issue a supena(?) in chancery herein immediately
Dec. 11th 1846.

Niblack for Complainants

Courtesy of Jon Walker