MySource:GayelKnott/McKinsey Family Probate

Probate of Mordecai McKinsey

McKinsey, Mordecai, Probate file Box 297A, File 16, Clinton County Court Archives, Frankfort Community Public Library, Frankfurt, Indiana
State of Indiana, Clinton, County, Circuit Court, October Term 1862
Catherine McKinsey et al vs Lena McKinsey et al
Mordecai McKinsey late of Clinton County d. 7 Feb 1853, owning property (total 190 acres)
Survivors inc.:
Catherine his widow, Mercer, Jesse, George W., Mary Elmore and husband Abraham;
The heirs of Nehemiah (d. 27 1862), widow Lena and 5 children, Rezin R., Charles, Morgan, Sarah Cox and husband John Cox all of whom are adults, and Jesse age 18 yrs;
And the heirs of Alfred McKinsey “a son of said deceased who died on or about the __ day ____ 185_ [blanks in original]”: Mordica aged 19, Joseph W. aged 17, Mary aged 13, with Mercer McKinsey as guardian of said minors
and of Sarah W McKinsey an adult daughter of said deceased of unsound mind
Def. Are tenants in common w/ Plaintiffs w/ Catherine owner of 1/3 during her lifetime
Heirs of Alfred entitled to 1/7 of remainder after deducting $500 advanced by the deceased to each of the following: Mercer, Nehemiah, Alfred, Jesse, George W, Mary and Abraham Elmore
And that Sarah McKinsey is entitled to the one seventh of said realty with an additional $500
And that the widow and heirs of Nehemiah Jr. are owners of remainder of said realty by decent and purchase in his life time of the interest of Mercer, Jesse, George W Mary and Abraham Elmore
Plaintiff (Mercer) wants Court to appoint a Guardian ad ititem to protect interest of said minors and decree a severance of their interests from those of defendents
[Partition was made]

Mercer McKinsey Appointed Guardian

Clinton County, Indiana Probate Order Books 1831-1860; FHL #2229992
Vol. 3, p. 204 - April 1855
In the Matter of the Guardianship of the Minor Heirs of Alfred McKinsey Deceased
Appointment of Guardian
On application filed Mercer McKinsey is appointed a Guardian of Mordica [sic] McKinsey Joseph McKinsey and Mary McKinsey minor heirs of said deceased and the said Mercer McKinsey appears and files bond and is duly qualified.
Recorded in D-462
p. 204
Mercer McKinsey Guardian of the Heirs of Alfred McKinsey deceased
Petition to sell land
Comes said Guardian with [Suit?] & Cowan [attorneys?] and files his petition for the sale of real estate & court appoints Robert S. Irwin and Samuel Byrum appraisers to appraise the interest of said minors in and to said real estate and said appraisers appear in court and file the following appraisement [not given] and the court on due consideration of the premises do order and direct the Said Guardian to make Sale of the said interest of said minors in and to said land and that the same be sold at public sale under the restrictions of the statue and he requires one third of purchase money in hand one third in twelve months and the remainder in eighteen months with interest from date of Sale and that he report his proceedings to the next term of this court to which time this cause is continued.
[note: nothing in June 1855 Session]

Mercer McKinsey Petitions

Petition to sell land

Clinton County, Indiana, Probate, Complete Record Feb 1861-Aug 1868; FHL #2259825
Vol D-5, p. 76
Mercer McKinsey, Guardian of Sarah McKinsey, a person of unsound mind and heir of Mordicai McKinsey and also of Mordicai, Joseph and Mary McKinsey, minor heirs of Alfred McKinsey, dec’d: Petition to sell real estate
In Clinton Common Pleas Court, Frankfurt, Indiana, 15 June 1863
Wards are owners of 49 and 6/7 acres off of the North end of the W1/2 of the SE1/4, Sec 36, T21, R1 W
And 7 acres off the West side of the W1/2 of the NW1/4 of the NE1/4, Sec 12, T20, R1W
And 56 and 6/7 acres (40 and 1/14 for Sarah) descended to them from their deceased father
The personal estate of Mordecai, Joseph and Mary is $308.98, being the full share of their father’s and mother’s estates and from rents rec’d; $63.65 has been paid out in expenses, taxes, support and education
Sarah resides with Abraham Elmor in Jackson Township, Clinton County and is an adult of unsound mind
Mordecai resides in Boone County and is 20 years of age
Joseph is in the Army and is 18 years of age
Mary E. has her home and resides with Abraham Elmor and is 14 years of age
Land was sold 25 July 1863 for $1415 to William Moore; record completed 23 October 1863

Mordica McKinsey (Guardianship) Box 247A, file 8, Clinton County [Indiana] Court Archives, Frankfort Community Public Library, Frankfurt, Indiana
The Estates of Sarah McKinsey and Mary E. McKinsey two of the heirs of Mordica McKinsey, deceased
On 26 June 1867 Mercer McKinsey guardian of said wards shows to the court that his said ward Sarah McKinsey is the owner of the one undivided seventh of the following real estate in the County of Clintion . . . . descended to her from her deceased Father
And that his ward Mary E. McKinsey is the owner of the one undivided one third of the one seventh of the two tracts above described which desended to her from her Father Alfred McKinsey who was the son of Mordica McKinsey deceased
. . . that Sarah McKinsey is an adult of unsound mind and resides with Mercer McKinsey in Jackson Township Clinton County Indiana and Mary E. McKinsey is residing with Nehemiah McKinsey in same Township county & State and is 18 years of age
. . . . and asks an order [to sell property at private sale].
Signed, Mercer McKinsey
[Request granted.]

Alfred McKinsey Guardianship

Alfred McKinsey Guardianship, Box 212A, File 8, Clinton County Court Archives, Frankfort Community Public Library, Frankfort, Indiana
Clinton County Court Common Pleas April Term 1855
The Undersigned Guardian of the persons and property of Mordecai McKinsey, Joseph McKinsey, and Mary E. McKinsey infant heirs of Alfred McKinsey Deceased, would respectfully represent that said heirs are the owners in fee simple of the undivided seventh part of the following described real estate situate in Clinton County, Indiana, towit: The South East quarter of Sect 36 Town No. 21 N of R. One West except nine acres out of the South East Corner of said tract, owned by Nehemiah McKinsey Junior And also the North West quarter of the North East quarter of Section No 12 in Town No 20 N of Range One West, all subject to the dower right of Catherine McKinsey widow of Mordecai McKinsey Sen. Deceased, That no personal property of any kind has come into his hand as such guardian. That the father of said wards died in the State of California sometime in December 1852 leaving some seven hundred dollars in money, but no part has ever been received and the probability is that it never can be collected (although at some future time it may) that said decedent left but a small amount personal property here all of which was taken by the widow The rents that have accrued since the death of Mordecai McKinsey Senior, the father of Alfred McKinsey Dec, who owned the land above described, have been wholly appropriated to the support of the widow and his wards above named. The Annual value of the interest of said wards in said real estate, subject tho [sic] dower right aforesaid, is probably some twenty five dollars. Your petitioner believes that it would be for the Advancement of the interest of said wards to sell their interest I said lands, that a portion of the proceeds from the sale would be necessary for the education of said wards, and the balance he thinks could be advantageously reinvested in wild lands, as there would be sufficient to purchase a considerable body of land at Congress price, sufficient to give them all a comfortable home by the time they would arrive at age, while as as [sic] at present their interest is only about nine acres to each one, an amount that would not justify the expense of partition, and which will not probably increase in value in anything like the same ratio that it would if invested in land in a new country. He therefore asks an order to sell the interest of said wards at private sale upon such terms as the Court may order and direct for the purposes above stated. The ages of said wards are as follows towit: Mordecai, 12 years, Joseph 10 years, and Mary E. 6 years. They reside with their Mother Sarah Ann McKinsey in this County And as in duty bound &c
Mercer McKinsey
Subscribed and Sworn 28 April, 1855

Clinton County Court of Common Pleas, April Term 1855
The undersigned Guardian of the person and property of Mordecai McKinsey, Joseph McKinsey and Mary E. McKinsey minor heirs of [[Person:Alfred McKinsey (1)|Alfred McKinsey[[Person:Alfred McKinsey (1)| Deceased, would represent that the whole estate of said minors consists of the one undivided seventh part of the following described real estate to wit: The S.E. qr of Sect 36. T21N of R one West except nine acres out of the S.E. corner of said tract owned by Nehemiah McKinsey Jr. and the seventh part of the NW qr of the NE qr of Sect 12 T20N R one West, all subject to the dower right of Catharine McKinsey widow of Mordecai McKinsey Senior, Deceased, probably worth $500
The said Alfred McKinsey, deceased, left in money at the time of his death, in California some seven hundred dollars none of which has ever been received and is probably lost to the estate. There is no other personal property, all having been taken by the widow.
Mercer McKinsey
Subscribed and sworn 29 April 1855