Probate record of Dennis Corbin
Highland County, Ohio, Probate Records--Complete Record, v. 4 (1872-1879)
p. 525-29
LDS Microfilm # 0571108
In a Probate Court continued and held at the office of the Probate Judge
within and for the County of Highland in the State of Ohio before the
Honorable J. C. Norton, Judge of said Court on the Fourth day of April in the
Year of our Lord one thousand Eight hundred and Seventy Seven the following
proceedings were had to wit
Isaiah Roberts Adm'r
of Dennis Corbin Deceased
Against
Nancy Corbin and others
Be it Remembered that heretofore to wit on the 23rd day of January AD 1877
came the said Isaiah Roberts administrator of the estate of Dennis Corbin
deceased and filed in the office of the Probate Court aforesaid a certain
petition in uniting against the said Nancy Corbin and others which said
petition is in the words and figures following to wit To the Probate Court
of the County of Highland and State of Ohio. Your petitioner Isaiah Roberts,
Administrator of the estate of Dennis Corbin deceased respectfully represents:
That the total value of the personal estate and effects of said dececedent
(sic) is as near as can be ascertained one hundred and five ($105.00) dollars
which will more fully appear by the inventory of said estate returned to and
recorded in said Court. That the amount of debts owing by the deceased as
nearly as they can be now ascertained amount to one hundred and Seventy five
dollars and fifty cents ($175.50) And the amount of the charges of
Administration to fifty ($50.00) dollars. The personal estate and effects are
insufficient to pay said debts. The said decedent died seized in fee simple
of the following Real Estate, situate in the County of Highland and State of
Ohio and in Jackson township and bounded and described as follows to wit
Beginning at a stone in the Fairfax road and corner to Isaiah Roberts thence
with said road and said Roberts line S 38 degrees E 45 poles to a stone in
said road and corner to George Nace thence S 56 degrees W 54 poles to a stone
thence S 58 degrees W 45 ½ poles to a stone corner to said Nace thence S 9
degrees W 31 poles to a stone in a branch, and corner to Wm. A. White thence
with his line and the West Union road N 17 degrees W 30 poles to a stone
thence N 45 degrees E 40 poles to a stone thence N 23 degrees E 42 poles to a
stone in Henry Carlisle's line thence with said Carlisle's line S 81 degrees E
41 poles to the beginning Containing forty (40) acres more or less part of
Surveys No. 12721 and 1689. The said Dennis Corbin died leaving Nancy Corbin
his widow who is entitled to dower in said premises. She resides in said
County of Highland. The following persons are the heirs having the next
estate of inheritance in the premises above described from the said decedent
namely W B Corbin, Jane Clark wife of Henry Clark, Mary F. Shaw wife of Wesley
Shaw, W. L. Corbin, Elizabeth J. Milburn wife of Alexander Milburn, W B Corbin
Jr., Mary E. Nace wife of George Nace, W. A. Shaw, H. B. Shaw, L. B. Shaw,
Cornelia Shaw, L. H. Corbin, Cora A. Mull wife of William Mull and Arthur L.
White of Highland County Ohio; Mary E. Storer wife of Henry Storer of Adams
County Ohio; Henry Corbin and A. J. Corbin and J. H. Corbin of the State of
Kansas, D. W. Corbin of the State of Texas and Thomas Corbin of the State of
Oregon. The said W. A. Shaw, H. B. Shaw, L. B. Shaw, Cornelian Shaw, Arthur
L. White, D. W. Corbin and Thomas Corbin are minors. Your petitioner prays
that the said widow and the said persons above mentioned and described having
the next estate of inheritance in said premises from said decedent together
with the said Henry Clark, Wesley Shaw, Alexander Milburn, George Nace,
William Mull and Henry Storer be made parties degendants to this petition that
the dower of the said Nancy Corbin may be set off the several rights liens &c.
of the above named defendants adjusted &c. And that your petitioner may be
ordered to sell said Real Estate &c. and such other relief as he may be
entitled to by law, Isaiah Roberts Petitioner By Matthews & Huggins his
Attorneys. The State of Ohio Highland County SS. I Isaiah Roberts
Administrator of the estate of Dennis Corbin deceased petitioner named in the
foregoing petition do make solemn oath that the said Henry Corbin, A. J.
Corbin, J. H. Corbin, D. W. Corbin and Thomas Corbin named in the said
petition reside out of the State as I verily believe Isaiah Roberts. Sworn to
and subscribed this 23rd day of January AD 1877 before me, J. C. Norton
Probate Judge. And afterward to wit on the 20th day of February AD 1877 came
the said Isaiah Roberts Administrator as aforesaid and made proof of Service
of notice on a part of the said defendants which said notice and proof is in
the words and figures following to wit. To Nancy Corbin widow, and W. B.
Corbin, Jane Clark and Henry Clark her husband, Mary F. Shaw and Wesley Shaw
her husband, W. L. Corbin, Elizabeth J. Milburn and Alexander Milburn her
husband, W. B. Corbin Jr., Mary E. Nace and George Nace her husband, W. A.
Shaw a minor, H. B. Shaw a minor, L. B. Shaw a minor, Cornelian Shaw a minor,
L. H. Corbin, Cora A. Mull and William Mull her husband, and Arthur L. White
of Highland County Ohio, and Mary H. Storer and Henry Storer her husband of
Adams County Ohio, heirs at law of Dennis Corbin deceased. You are hereby
notified that on the 23rd day of January AD 1877 I as administrator of the
estate of Dennis Corbin deceased filed a petition in the Probate Court of
Highland County Ohio alleging that the personal estate of said decedent is
insufficient to pay his debts and the charges of administering his estate,
that he died seized in fee simple of the following Real Estate situated in the
County of Highland and State of Ohio, and in Jackson township and bounded and
described as follows to wit Beginning at a stone in the Fairfax road and
corner to Isaiah Roberts thence with said road and said Roberts line S 38
degrees E 45 poles to a stone in said road and corner to George Nace thence S
56 degrees W 54 poles to a stone thence S 58 degrees W 45 ½ poles to a stone
corner to said Nace thence S 9 degrees W 31 poles to a stone in a branch and
corner to Wm. A. White thence with his line and the West Union road N 17
degrees W 30 poles to a stone thence N 45 degrees E 40 poles to a Stone thence
N 23 degrees E 42 poles to a stone in Henry Carlisle's line thence with said
Carlisle's line S 81 degrees E 41 poles to the beginning Containing forty (40)
acres more or less part of Surveys No. 12721 and 1689. And that Nancy Corbin
as widow of said decendent is entitled to dower in said premises. The prayer
of the petitioner is for the assignment of dower to said Nancy Corbin and for
an order, authorizing me as Administrator of said Dennis Corbin deceased, to
sell said premises subject to said dower estate, for the payment of the debts
and charges aforesaid. Said petition will be for hearing on the 24th day of
February AD 1877 at 10 O'clock forenoon or as soon thereafter as leave can be
obtained. January 25th AD 1877 Isaiah Roberts Administrator of Dennis Corbin
deceased. The State of Ohio Highland County SS. Henry Pulliam being sworn
says that on the 9th day of February AD 1877 he served the above and foregoing
notice upon Nancy Corbin, W. B. Corbin, Jane Clark, Henry Clark, Mary F. Shaw,
Wesley Shaw, W. L. Corbin, Elizabeth J. Milburn, Alexander Milburn, W. B.
Corbin Jr., Mary E. Nace, George Nace, W. A. Shaw, H. B. Shaw, L. B. Shaw,
Cornelian Shaw, L. H. Corbin, Cora A. Mull, William Mull, A. L. White, Mary H.
Storer and Henry Storer, the persons above mentioned and deccribed in said
foregoing notice by delivering to them each a correct copy thereof. Henry
Pulliam. Sworn to and subscribed by said Henry Pulliam before me this 20th
day of February AD 1877. J.C. Norton Probate Judge. And afterward to wit on
the 24th day of February AD 1877 came the said Administrator and made proof of
publication of Notice in this case which said Notice and proof is as follows
to wit. Certificate of Publication. State of Ohio, Highland County SS. I J.
L. Boardman, Publisher of the Highland Weekly News, a newspaper of general
circulation in said County and State hereby certify that the annexed notice
was published in five consecutive weekly issues of said paper, the first
publication bearing date January 25th 1877. J. L. Boardman. Sworn to and
subscribed before me this 24th day of February AD 1877. J. C. Norton Probate
Judge. Legal Notice Henry Corbin, A. J. Corbin and J. H. Corbin who reside
in the State of Kansas, D. W. Corbin a minor who resides in the State of
Texas, and Thomas Corbin a minor who resides in the State of Oregon, heirs at
law of Dennis Corbin deceased, will take notice that Isaiah Roberts
Administrator of the estate of Dennis Corbin deceased on the 23rd day of
January AD 1877 filed his petition in the Probate Court within and for the
County of Highland and State of Ohio alleging that the personal estate of said
decedent is insufficient to pay his debts and the charges of administering his
estate that he died seized in fee simple of the following Real Estate situate
in the County of Highland and State of Ohio and in Jackson Township and
bounded and described as follows to wit. Beginning at a stone in the Fairfax
road and corner to Isaiah Roberts thence with said road and said Roberts line
S 38 degrees E 45 poles to a stone in said road and corner to George Nace
thence S 56 degrees W 54 poles to a stone thence S 58 degrees W 45 ½ poles to
a stone corner to said Nace thence S 9 degrees W 31 poles to a stone in a
branch and corner to Wm. A. White thence with his line and the West Union road
N 17 degrees W 30 poles to a stone thence N 45 degrees E 40 poles to a stone
thence N 23 degrees E 42 poles to a stone in Henry Carlisle's line thence with
said Carlisle's line S 81 degrees E 41 poles to the beginning Containing Forty
(40) acres more or less part of Surveys No. 12721 and 1689. And that Nancy
Corbin as widow of said decedent is entitled to dower therein. The prayer of
said petition is for assignment of dower to said Nancy Corbin, and for a sale
of said premises subject to said dower estate, for the payment of the debts
and charges aforesaid. Said petition will be for hearing on the 24th day of
February AD 1877 or as soon thereafter as leave can be obtained. Isaiah
Roberts, Administrator of Dennis Corbin deceased. Matthews & Huggins
Attorney, Printers fee $13.50. And afterward to wit on the 20th day of
February AD 1877 there was filed in the office of the Judge of the Court
aforesaid the answer of Nancy Corbin as follows: In the Probate Court of
Highland County Ohio, Nancy Corbin widow of said Dennis Corbin deceased, one
of the parties defendant to said petition hereby enters her appearance as such
defendant And she assents to a sale of the premises described in said petition
according to the prayer of the same, that she asks that said premises may be
sold free from her dower estate therein and that the value of such dower may
be allowed her in money out of the proceeds of said sale. Nancy (her X mark)
Corbin Attest H. B. Storer. And afterward to wit on the 24th day of February
AD 1877 there issued out of the office of the Judge of the Court aforesaid the
following order of appraisement to wit. This day this cause came to be heard
upon the petition answer of said Nancy Corbin &c. and it appearing to the
satisfaction of the Court that said defendants have all been duly notified of
the pendency and prayer of said petition according to law and that it is
necessary to sell the real estate in the petition described to pay the debts
of said decedent, and the said Nancy Corbin having by her answer assented to a
sale of said premises and asked that said premises may be sold free from her
dower estate therein, and that the value of such dower may be allowed her in
money out of the proceeds of said sale. It is ordered that Henry Carlisle,
Henry Pulliam and John Leforge three judicious disinterested freeholders of
the vicinity being first duly sworn do upon actual view of the premises in the
petition described make a just valuation of the same in money free from dower.
And that said petitioner thereupon according to law to sell said Real estate
free from dower upon the premises, at not less than two thirds of such
appraised value upon the following terms to wit, One third cash in hand, One
third in (one) nine months and one third in Eighteen months from the day of
the sale, the deferred payment to be secured by a mortgage upon the premises
sold or by approved personal security, and to bear interest from the day of
sale. And it is further ordered that said petitioner make return of his
proceedings in the premises to this Court on the 31st day of March AD 1877 to
which time this cause is continued. J. C. Norton Probate Judge. And
afterward to wit on the 3rd day of March AD 1877 there was filed in the office
of the Judge of the Court aforesaid the certain report of the said
appraisement with the oath of the appraisers which said oath and appraisement
is as follows to wit. The State of Ohio Highland County SS. Henry Carlisle,
Henry Pulliam and John Leforge being sworn say that they will faithfully and
impartially discharge all the duties injoined upon them by law as appraisers
of the Real Estate of Dennis Corbin Deceased under an order of the Probate
Court of said County in the case of Isaiah Roberts administrator of the estate
of Dennis Corbin deceased against Nancy Corbin, W. B. Corbin and others
according to the best of their understanding and ability, Henry Carlisle,
Henry Pulliam, John Leforge, Sworn to and subscribed before me this 26th day
of February AD 1877. B. F. Pulliam, J.P. Report of appraisers. In
compliance with the order of the Court in this case we the undersigned having
been first duly sworn and having actually viewed the premises in said petition
described do appraise the value of said premises free from dower at $560.00
being $14.00 per acre. Given under our hands this 26th day of February AD
1877. Henry Carlisle, Henry Pulliam, John Leforge, Appraisers. And afterward
to wit on the 31st day of March AD 1877came the said Isaiah Roberts
Administrator as aforesaid and made proof of publication of notice of sale
which said proof and notice is as follows to wit. Certificate of Publication.
State of Ohio, Highland County SS. I J. P. Boardman, Publisher of the
Highland Weekly News, a newspaper of general circulation in said County and
State hereby certify that the annexed notice was published in four consecutive
weekly issues of said newspaper the first publication bearing the date March
1st 1877. J. P. Boardman. Sworn to and subscribed before me this 31st day of
March AD 1877. J. C. Norton Probate Judge. Administrator's sale of Real
Estate. In pursuance of an order of the Probate Court of Highland County,
Ohio, I will offer for sale at public auction on Friday March 30 AD 1877 at
two o'clock afternoon upon the premises the following Real Estate situate in
the County of Highland and State of Ohio and in Jackson township and bounded
and described as follows to wit Beginning at a stone in the Fairfax road and
corner to Isaiah Roberts thence with said road and said Roberts line S 38
degrees E 45 poles to a stone in said road and corner to George Nace thence S
56 degrees W 54 poles to a stone thence S 58 degrees W 45 ½ poles to a stone
corner to said Nace thence S 9 degrees W 31 poles to a stone in a branch, and
corner to Wm. A. White thence with his line and the West Union road N 17
degrees W 30 poles to a stone thence N 45 degrees E 40 poles to a stone thence
N 23 degrees E 42 poles to a stone in Henry Carlisle's line thence with said
Carlisle's line S 81 degrees E 41 poles to the beginning Containing forty (40)
acres more or less part of Surveys No. 12721 and 1689 Appraised at $
Terms of sale One third in hand one third in nine months and one third in
eighteen months from the day of the sale, deferred payment to be secured by
mortgage upon the premises sold or by approved personal security and to bear
interest from the day of sale, Isaiah Roberts, Administrator of Dennis Corbin
deceased, Matthews & Huggins Attorneys Printers fee $8.75. And afterward to
wit on the 31st day of March AD 1877 came the said Isaiah Roberts
Administrator as aforesaid and filed in the office of the Judge of the Court
aforesaid his certain report of a sale of the premises in the petition
described, and which said report is in the words and figures following to wit.
In pursuance of the order of the Court in this case I gave notice of sale by
publication in the Highland News a weekly newspaper of general circulation in
said County of Highland for at least four successive weeks prior to the 30th
day of March AD 1877. And on that day at two o'clock Afternoon upon the
premises in accordance with said notice I offered the real estate in the
petition described for sale free from dower, where John Nace bid to pay for
the same the sum of Four hundred and seventy two dollars ($472.00) which being
the highest and best bid that was offered and more than two thirds of the
appraised value of said premises I then and there sold the same to him for
that sum, free from dower Terms of sale as fixed in said order. March 31 1877
Isaiah Roberts Administrator of Dennis Corbin Deceased. And afterward to wit
on the 31st day of March AD 1877 this cause was continued for confirmation of
sale to April 4th AD 1877. And afterward to wit on the 4th day of April AD
1877 the following final order and confirmation was made in this case to wit
Now comes said petitioner by Matthews & Huggins his Attorneys and produces to
the Court the report of a sale made by said petitioner in pursuance of an
order herein before made. And it appearing upon examination that said sale
has in all respects been legally made the same is hereby approved and
confirmed and said petitioner is ordered to execute and deliver to the
purchaser at said sale a proper deed for the real estate so by him sold as
aforesaid. And it is further ordered that said petitioner pay to Nancy Corbin
the widow in said petition mentioned the sum of $90.00 out of the proceeds of
said sale, the value of her dower estate in said premises as fixed and allowed
by the Court. And it is further ordered that said petitioner pay the costs
and expenses of this suit out of the proceeds of said sale in ten days from
this time.
Submitted by:
Kathleen Morgan
KMorgan678@aol.com
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