Golen.htm *****************************************************************************
Hancock County Ohio Court Papers
Transcribed by John Golen.

To the Honorable, the Probate Court of Hancock County, Ohio:
Your Petitioners, Matthew R. McMichael
and Mary Ellen McMichael his wife of said
Matthew R. McMichael  now comes  and shows to the  court
here that  John  Elder, who died  on  or  about  the
twenty third day of March  AD 1858 at his residence
in  Deleware  township  Hancock  county, Ohio,
was in his lifetime a man of fair property.   That when
he died  as aforesaid  he was seized  of the  following
personal property, to wit:  One brown mare worth $100,
one bay mare worth $100,  one bay mare worth $80, six
cows worth $100, eleven steers and heifers $80, seventeen
sheep worth $34, sixty three dollars hogs worth $136, Turkeys
geese and chickens worth $15, one hive of bees $3, one hundred
and fifty bushels of wheat $190, eighteen acres of wheat
in the ground $72, two hundred and fifty bushels of corn
$62, one hundred bushels of oats $20, twenty five bushels
of potatoes $3, one set of double harness $12, one saddle
$5, one side saddle $14, one wagon $4000, two sleds $5, four
plows $8, one harrow, double trees & single trees $5, axes  and  hoes
$4, one grind stone $1, one iron kettle $3, one brass kettle $15,
one corn sheller $8, one wind mill $2, one grain cradle
$3, two mowing scythes $2, one scoop shovel and half bushel
measure $1, rakes, forks etc $1, seven sickles $200, five barrels
of flour $20, six hundred pounds of pork $36, one hundred
pounds of beef $6, twelve flour barrels $3, three packing casks
$3, one cooking stove (& utensils) $8, one parlor stove $6, two falling leaf tables
$9, six beds and bedding including a large lot of quilts blankets
etc etc, $120, one brass clock $5, one bureau $12, one stand $2, fifteen
chairs $6, two spinning wheels and ### $5, one washing machine
$3, one stand $1, crockery ware of various kinds $15, cooking
utensils knives + forks etc. $3, forty yards of carpeting $15,
one beef hide $5, one bak bank bill $10, gold $1,  one note
on  R.  J.  Hagerty  with a balance thereon of about $25
making in all,  of personal property the sum of thirteen
hundred and fifty five dollars.    This property is
exclusive of the real estate of said decedant.
Your petitioners further show that Jane Elder is
the widow of the said John Elder, dec’d.,   and that
said  Jane  has  been appointed administratrix
of the estate of said decedant.  Yours petitioners
pray that the said Jane Elder, widow, and administratrix
may be made a party defendant to
this action.   Your petitioners further show that
Mary Ellen McMichael wife of said Matthew R Mc
Michael, and one your petitioners, is a daughter and
heir at law of the said John Elder, dec’d.; that Andrew
   of the state of Missouri
J. Elder    ( , Rosanna  Ballard,  wle  wife of Francis Ballard,
 of the state of Indiana        of the state of California       of the state of Indiana
John W. Elder ( ,   Abner Elder ( ,   Abraham Elder ( ,   Jeremiah
Elder, James M. Elder, Aaron F Elder, Sylvester Elder
Robert Elder, Theresa Elder and Jane Elder are also the children and
heirs at law of the said John Elder, dec’d.; petitioners also
ask that said children and heirs, together with said Francis
Ballard be made parties defendant to this action
Your petitioners further represent that on the
second day of April    AD1858, the above named Jane
Elder  was  appointed  administratrix  as  aforesaid
That on the said 2nd day of April  AD 1858  John
Siddall,  John Darrah  and  Robert  Elder  were
appointed  appraisers to  take  an  inventory  and
make an appraisement of the estate and property of said
decedant.    That on the 14th day of April  AD 1858
the said  John Siddall,  John Darrah +Robert
Elder, appraisers, etc., proceeded to take such inventory
and appraisement , but instead of doing so honestly
impartially  and  according to  law, they , or a portion
                 between themselves and with said Jane Elder
of them, fraudulently connived (  to cheat and defraud
the your petitioners as well as the other heirs at law
of  said  John  Elder,   dec’d.,  and  made  a  partial
appraisement of said property and what they did appraise
was put at a much lower price than its actual cash
value, some of it much less than half its true value.
Their  appraisement  and  inventory  of  said  property
not  embracing  much  more  than  one half of  the
articles belonging to the said decedant at the time of
his death.      Your petitioners further over that this
was occasioned  either by the failure of the said Jane
Elder, Admin’x., to exhibit the property to the
appraisers, or  the neglect  and refusal of  the  said
appraisers  to  make  an  inventory   and appraisement
of  the  same  or the connivance of  the  said
Jane  and the said  appraisers  to  for  the  purpose
of  giving  the said  Jane  an  undue  and  illegal portion
of the property of said decedant as his widow.
Petitioners further say that they never had any
notice of the time and place of the meeting of the said
appraisers to take said inventory and appraisement
as is required by law.    That said appraisement only
amounted to  $330.36/100   when it  should  have been
about   thirteen  hundred  and  fifty five   dollars.
Petitioners further say that the said appraisers
through  and  by  said  connivance  with  said  Jane
Elder  set off  and allowed to the  said  Jane Elder as
The widow of said John Elder, dec’d., the sum of
One thousand dollars in money, all the wheat calling it 100 bushles of
wheat, two hundred bushels of corn  when in fact there
was one hundred and fifty bushels; all the corn
calling it 200 bushels when in fact there was 250
bushels, all the oats calling it 75 bushels, when in fact
there was 100 bushels, all the hay calling it _ of a ton
when in fact there was a stack of hay at George Earleywine’s
containing  between a  ton and a  half and  two tons
of hay  and  also  a quantity of  hay in the barn, how
much  is  unknown  to  your  petitioners,   five lambs
two sows and pigs (and in order to cover up this matter
the number of  the pigs is not stated)  ten shoats and
one  black  mare.   According  to  the  inventory  and
appraisement of said Siddall, Darrah and Elder
the said items of property amount to only $175 50/100
when  in  truth  and  in  fact  it  amounts  to  $337 75/100
$379 75/100.  Thus making according to their statement an
allowance of $1175 50/100  when it is in fact $1379 75/100
for  the support of the widow  and  three  children  for  one
year.   The  widow, as will be seen by reference
to the  said  inventory  and  appraisement  which
is  on  file in the said probate court,  has  taken  all
the  property  at  the  appraisement  amounting
nominally to $330 26/100  when in fact all the property
she got  of which  your petitioners  have  knowledge,
(and there may be more of which they have no knowledge)
amounts at a low estimate to $1355 without counting
the allowance made to her in cash.
  Petitioners further over that the three children in above
mentioned as being al connected with the year’s allowance
are aged respectively as follows, to wit:  Aaron, aged 13;
Sylvester aged about 11, and Theresa aged about seven years.
Your petitioners further over that the personal property
above alluded to as being appraised by said Siddall
Darrah and Elder at such an  extraordinarily  low
rate was so appraised in order that said Jane Elder
widow and administratrix  might  thereby  take the
same at the appraisement  in part pay of the $1000
dollars allowed etc. which allowance + appraisement
were so made  by connivance  and fraud  by  and
between the said  Jane Elder   and the said appraisers
or  part  of them  in  order to  enable her to defraud your
petitioners as well as the other heirs at law of said
John Elder dec’d., out of their just rights.
Your petitioners therefore pray that the said inventory +
appraisement  and  allowance made by said   John Siddall
John Darrah  and  Robert Elder  be set  aside  and  held
for  nought  on account of the fraud  and  other improper
proceedings in the premises, that there be other appraisers
appointed and and a new inventory and appraisement
of the said property ordered and allowance of a reasonable
and  suitable  amount be  made and set off  to said  widow,
and  for  such  other  and further relief  as  may be
necessary and proper.
Gribben & Mungen, Pltffs Attys
William Gribben
William Mungen