Person:Martha Unknown (370)

Martha Jane Lowery vs. George Lowery, Wm. A. Lowery, John Lowery, et. al. Partition

Come the Commissioners heretofore herein appointed to make partition of the Real Estate of John P. Lowery, Dec., and file their Report the same being in the words and figures following in wit: "We the Commissioners appointed by the Common Pleas Court to set off the widow's dower and the heirs' interest in the estate of John Lowery deceased make the following Report (to wit) The widow's dower to consist of one hundred and twenty acres on the west side of home tract Sectin nineteen and to George W. Lowery the North East quarter of the South East quarter of Section twenty-five and also twenty acres the sound end of the south East quarter of the Northwest quarter of Section thirty-three; and to the minor heirs twenty the North end of the South east quarter of the North West quarter of Section thirty-three and also forty acres off of the East side of Home tract Section nineteen and to William A.

deceased are also heirs at law of said John P. Lowery deceased. It is further proven to the satisfaction of the Court that said John Lowery has received of said Dec'd by way of advancement the sum of fifty-five dollars. That said George W. has received of said decedent by way of advancement the sume of sixty-five dollards and that said Sarah Coulter has received by way of advancement the sume of fifteen dollars. And that of the money paid into Court for the heirs of said Decedent to wit Ninety-One dollars and twenty-five cents. It is ordered by the Court that said Martha Jane Lowery as widow receive the sum of thirty dollars and forty-one cents. William A. the sume of twenty-five dollars and twenty-five cents, the heirs of Nancy Lane aforesaid the sume of twenty-five dollars and twenty-eight cents and Sarah Coulter wife of William Coulter the sum of ten dollars and twenty-eight cents and the said John A. Lowery and George W. Lowery having received each more than his distributive share is not entitled to anything in this distribution.

In proof of heirship in the Estate of John P. Lowery deceased, it is shown to the Court by oath of Wm. A. Lowery and others that Martha Jane Lowery is widow and that William A., John A., and George W. Lowery, Sarah Coulter, wife of William Coulter, and Nancy Jane, deceased are the children and heirs of said decedent. That Elizabeth, Margaret E., Nancy P., and Martha J. Lane, children of Nancy Jane, deceased, are also heirs at law of said John P. Lowery, deceased. It is further proven to the satisfaction of the Court that said John Lowery has received of said Dec'd by way of advancement the sum of fifty-five dollars that said George W. has received of said decedent by way of advancement the sum of sixty-five dollars and that said Sarah Coulter has received by way of advancement the sum of fifteen dollars. And that of this money paid into Court for the heirs of said decedent to wit Ninety-one dollars and twenty-five

John Lowery, William A. Lowery, George Lowery, et. al.

Comes the Petitioner by John H. Butler, Esqr. her Attorney and presents here Petition heretofore filed Praying Partition of the Real Estate of John P. Lowery deceased, but the defendants come not although it appears from the return of the Sheriff on the summons herein served out that they have been duly served with process for more than 10 days before the first day of the present HOur of this Court. And this cause being submitted to the Court for trial in the absence of said Defendants, on motion of Petititioner by her said Attorney Horace Heffren Esqr. is appointed Guard, ad litem for the infant defendent herein...accepting said appointment appears and files his answer stating that he knows of no reason why partition should not be made but prays that the interests of said minors may be protected and this cause now coming on for a hearing on said Partition answer of said Guard ad litem. It is found by the Court that said Decedent John P. Lowery died seized of certain Real Estate situated in the County of Washington, Indiana, and described in said Petition as the South East quarter of the North West quarter of Section thirty-three in Township One North of Range three East. The West half of the North East quarter of Section twenty-nine in Township One North of Range three East. The East half of the North

                                   WEDNESDAY APRIL 21ST. A.D. 1858

West quarter of Section twenty-nine in Township One North of Range three East. The South West quarter of Section twenty-nine in Township One North of Range three East. Also the North East quarter of the South East quarter of Section twenty-five in Township One North of Range Two East. It is also found by the Court that said Martha Jane Lowery, the Petitioner, as widow of said decedent is justly entitled to the One-third part of said Real Estate aforesaid and William A. Lowery, John Lowery, George Lowery, and Sarah Coulter, wife of William Coulter (formerly Sarah Lowery) are each entitled to the one undivided fifth part of the remaining two-thirds of said lands aforesaid being children of said Decedent and joint tenants in common with the Petitioner. And that Sarah Elizabeth Lane, Martha Jane Lane, Perlina Lane, and Margaret Lane, grandchildren of the decedent and children of Nancy Jane Lane (formerly Nancy Jane Lowery), deceased, are each entitled to the one undivided thirtieth part of said remaining two-thirds as aforesaid. It is therefore ordered and decreed by the Court that partition of said Lands be made and that the respective interest of each of said parties aforenamed by partitioned and set off to him or her pursuant to the foregoing finding of the Court. And on motion of said Petitioner by her