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Martin County Probate Records
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Probate
Document - 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 _____(?).
W.E. NIBLACK
Sol. for Complainants
The Clerk will please issue a supena(?) in chancery herein immediately
Dec. 11th 1846.
Thanks
to Jon Walker for contributing this
document!
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