According to a petition filed in the
Hancock County Probate Court by Mary Ellen (Elder) and Matthew McMichael,
John Elder was survived by (see page 2)
a wife: Jane Elder
and
12 children:  Mary Ellen (wife of Matthew R. McMichael)
Andrew J. (of the state Missouri)
Rosannah (wife of Francis Ballard)
John W. (of the state of Indiana)
Abner (of the state of California)
Abraham (of the state of Indiana)
Jeremiah
James M.
Aaron F. (aged 13)
Sylvester (aged about 11)
Robert
Theressa (aged about 7)
 

On April 2, 1858 (also according to the above petition) the widow Jane Elder was appointed
administratrix of John Elder’s estate and three appraisers were appointed to assign a value
to the estate and assign the widow dower: John Siddall, John Darrah and Robert Elder. (see page 2)

On April 14, 1858 the three appraisers inventoried and estimated the value of
John Elder’s personal property at $330.36.
They set-off, for support of the Widow and three minor children, livestock and crops
valued at $376.50 and, there being no other property suitable, $1,000 in cash.
They also note that the widow brought to the marriage personal property and $200 in cash,
the cash being used to purchase start-up livestock. (see pages 37 & 38)

On June 5th, 1858 the work of the appraisers was presented to the court and
filed by judge James H. Barr.
Also filed was proof that Jane Elder had advertised, in local publications,
that she had been appointed as the administratrix to John Elder’s estate. (see page 34)

On April 27, 1858 Chester Cook of J Lafferty and Co., appeared before the court and
caused an order of attachment to be issued by the sheriff on May 14, 1858,
thereby attaching the 1/12 undivided share of the John Elder estate due Andrew J. Elder.
On the 8th of July 1858, J. Lafferty and Co. obtained a judgment against
Andrew J. Elder in the amount of $111.50 plus $41.03 in costs, and interest from July 8th, 1858.
No information is provided as to the source of the debt. (see pages 29 & 30)
 

THE COMPLAINT
On June 25th, 1858, John Elder’s daughter Mary Ellen McMichael, and her husband,
Mathew R. McMichael, filed a petition to set-aside the inventory, appraisement and widow’s allowance
made by Darrah, Siddall and Elder, and appoint new appraisers. (see page 1-5)

In general the petition contends that John Elder was, at the time of his death, a man of fair property.
The petition lists its own inventory of items comprising the Elder estate, listing far more items
than were shown on the official appraisement filed with the court, and
with values considerably above those estimated by the official appraisers.

The petition accuses the widow Jane Elder of misrepresenting the estate of the deceased,
and with the help of all or some of the appraisers, understating the estate’s value for her own personal gain.

The petition also complains that the plaintiffs were never informed of the
time and place at which the inventory and appraisement were to be performed (as was required by law).

The petition contends that the estate value of $330.36 assigned by the appraisers should have rightly been at least $1,355.
Further it states that the value of the property set-off for the support of the widow and minor children of $1,175.50, was in fact actually worth at least $1,379.75.

The petition accuses the adminstratrix and all, or some, of the appraiser of connivance
in an effort to defraud the petitioners (Matthew and Mary Ellen) and the other
lawful heirs out of their just rights.

The petition finally requests that the inventory, appraisal and allowance filed on June 5,
1858, be set aside; that new appraisers be appointed to conduct a new and accurate inventory
and appraisement, and that an allowance be reduced to a more reasonable and suitable amount, and set-off.

The attorneys, Gribben and Mungen, wrote the petition for the Plaintiff, Matthew R. McMichael.

Judge Barr set a trail date of August 4, 1858.  In lieu of the trial, subpoenas were authorized to be sent to:
For the Plaintiff:Jane Elder, Rosanna Ballard, Geo Fahl, Geo Sebestian,
(see pages 11, 16 & 17)Robert Elder, Robert Elder Sr., ?????? Elder, Moose Neff,
Joseph Stevenson, H. F. Sebestian, Benjamin Sparr,
Mary A. E?????, Geo Earlywine, Andrew Wolford,C. Cook
 

For the Defense:Jeremiah Elder, John Siddall,John Darrah, Robert Elder,
(see page 21)Josiah Elder, Abijiah Smith, William Bradford,
Joseph Davis,
 

THE TRIAL
On August 4, 1858 Judge Barr was presented with several motions and filings.

First, the appraisers, John Siddall, John Darrah and Robert Elder,
entered a supplemental inventory for items that came to their knowledge
after the first appraisal was submitted to the court.
The additional items were given an appraised value of $43.42. (see pages 39 & 49)

Second, the plaintiff, Matthew McMichael, appeared before the judge and stated that
he was unable to go to trial (on that day) because he was surprised by the defendant’s
response to their petition, that he had not previously seen the defendants response, and
that there were other witnesses who were material to the cause who were not present and could not be had today.  (see page 6)

Third (probably at this time ? however no dated is placed upon the filed motion) the attorneys for the defendant file a motion of demurrer ? asking that the plaintiffs petition be rejected on grounds that the court had no jurisdiction over the subject of the action,
that several of the areas of the action were improperly placed and that the plaintiffs petition did not state any acts that constitute a cause of action. (see page 7)  Judge Barr overruled the motion stating that the Probate Court did have jurisdiction
in the matter to set aside the inventory and appraisement. (see page 10)

Apparently this concluded the petition of McMichael vs Elder as no further filings exist with
Jane Elder appearing as the defendant.  The fact that the dollar amount of the appraisement submitted
by the original appraisers, appears in the final accounting, approved by the court in April 1859,
is evidence that the court saw the accusation posed by the plaintiffs - Mary Ellen and Matthew McMichael - as groundless.
 

SALE OF SHARE
Sometime between August 4, 1858 and September 20, 1858 the lead plaintiffs, Mary Ellen and Matthew McMichael,
sold their interest in the estate to John Darrah, one of the original appraisers.
Neither the date of the transaction nor the amount received for the 1/12 share of the estate is established in court documents.
In a petition made by Jane Elder on September 20, 1858,
the defendants were identified as the children and legal heirs of John Elder,
with the exception of John Darrah, who purchased the share of Mary Ellen and Matthew McMichael. (see page 26)
 

JANE ELDER PETITION
On September 20, 1858, Jane Elder appeared before the Court and through her lawyers,
O’Neal and Blackford, filed a petition to:
1)be assigned her dower
2)be allowed to sell as much land as is necessary to pay debts.

Judge Barr set November 8, 1858 as the date to review the cause and authorized the sheriff to summon to the court the following individuals:
Rosannah Ballard, Francis Ballard, John Darrah, Jeremiah Elder,
James M. Elder, Aaron F. Elder, Sylvester Elder and Theressa Elder.

Judge Barr ruled that the other, out of state defendants,
could be notified about the date and location of the hearing by publication.
(see page 27)

No record exists to indicate what occurred during the November 8th court date,
or if such assembly ever took place.

On December 21, 1858 Judge Barr ruled that the court was satisfied that it was necessary for the administratrix to sell real estate to pay the debts of the deceased.  He further ruled that the interested parties had been duly notified of this request.  The judge ordered Abijiah Smith, Charles Rickets and Daniel Strobble, to set-off and assign to Jane Elder her dower in the premises described in the petition and to appraise the entirety of the real estate comprising the estate. (see page 54)  The property to be appraised included:
the East half of the NW quarter of section 15 ? comprising 80 acres
the East side of the West half of the NW quarter of section 15 ? comprising 29 acres
the NW quarter of the NE quarter of section 16 ? comprising 40 acres
the NE quarter of the SW quarter of section 9 ? comprising 40 acres
(all in Township 2 South of Range 11 East)
***

REAL ESTATE APPRAISAL
On January 6, 1859, the appraisers: Abijiah Smith, Charles Ricket and Daniel Struble, appeared before judge Barr and submitted their appraisement of the property described and their suggestion for a suitable set-off for the widow.  Land set off for the use of the widow was described as follows:
•beginning at the SE corner of the East _ of the NW1/4 of Sec 15
(Township 2 South of Range 11)
•going North 88 rods
•then West 80 rods
•then South 88 rods
•then 80 rods East to the place of start ? being 44 acres

-    Also beginning at the NW corner of the E1/2 of the NW _ of section 15
•going South 40 rods
then East 20 rods
•then North 24 rods
•then East 10 rods
•then North 16 rods
•then West 30 rods to the place of start ? being 6 acres
 

The appraisers estimated the value of the real estate comprising the estate as follows:
(see page 13)-     E _ of the NW _ - Sec 15 $ 958.00
-     29 acres off the East side of the
      W _  of the NW _  - Sec 15$ 522.00
-    NW _ of the NE _ - Sec 16$ 400.00
-    NE _ of the SW _ - Sec 9$ 320.00

On January 8 1859, Judge Barr approved the set-off and appraisement and ordered that
Jane Elder proceed with the sale of land.  (see page 60)

On January 27, 1859, the heirs unanimously signed a consent to allow the widow
Jane Elder to sell all of the land comprising the estate rather than parts thereof.
It was agreed that sale of all the real estate comprising the estate would be to the benefit of all
parties since selling the land in separate parcels would greatly reduce the value of the remainder. (see page 55)
 

SALE OF LAND
At 1 o’clock on the 12th of March, 1859, the real estate of John Elder
was auctioned off at the court house in Findlay.
William Musgrave, offering $1,800 for the whole of the property described,
and this being the highest and best bid (and more than 2/3’s of the appraised value), was sold the described property at the offered price. (see page 32)
 

FINAL ACCOUNTING
On April 20, 1859, Jane Elder submitted her final accounting of the estate of John Elder.

Dr
To Amount of appraisement taken by widow                      373.78
 “     “       of Dr Haggerty’s note                            9.35
 ““                        of Sale of Land. . . . . . . . . . .1800.00
                                                             $ 2183.13
Cr
The said widow dower to be allowed ?
By amount of debts paid per schedule A          240.81
 “   allowance made her by apprais . . . .      550.00
 “   Admx Con’d in $1000 --- $60.00
 “      “         “          1183.13 -  47.32  .           107.32
pd “  Judge Barr for this settlement -----           paid    4.00
pd  “ O’Neal + Blackford ----------------          paid      5.00     $ 907.13
                                                                     $ 1276.00

The $1,276.00 was the residual amount available for distribution to the heirs.
With 12 heirs, the sum owing each was calculated as $106.33 (= $1,276.00 / 12). (see page 25)
The heirs were paid as follows (see 35, 40 & 42):
May 24, 1859  John W. Elder. . . . . . . . . . . . . . . . . . . . .  $ 106 1/3
April 2, 1859 Abraham Elder . . . . . . . . . . . . . . . . . . . .   $ 106 1/3
June 1, 1859  Francis & Rosannah  Ballard. . . . . . . . .            $ 106 1/3
June 2, 1859  John Darrah (from M E McMichael) . . .                  $ 106 1/3
June 7, 1859  J Lafferty & Co (from A J Elder) . . . . . .            $ 106 1/3
June 18, 1859 Robert Elder . . . . . . . . . . . . . . . . . . . . .  $ 106 1/3
April 6, 18?? Jeremiah Elder (share plus interest)                    $ 112.71
August 29, 1860  Robert Elder ? guardian for                          $ 453.32
                 James, Aaron, Sylvester, Theressa
                 ($ 113.38 for each) (see page 53)
No Record         Abner Elder