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PERRY COUNTY OHIO - Probate Estate Records, CAIN, 1871
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File contributed for use in USGenWeb Archives by
Karen Pickett 
kpickett@jc.net
January 31, 1999
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I have transcribed my gg-grandfathers probate and estate papers.  

Following is the transcribed info:
___________________________________
(note: I have transcribed these records as close as possible-- the
exception being a few words  I could not decipher.  I am researching all
Cain"s in Perry Co, Ohio, so you maycontact me for information:  K.
Pickett -- kpickett@jc.net)

Lewis Cain Probate  Estate Records

State of Ohio, Perry County, ss. - Probate Court, New Lexington.

Sarah Cain, Charles Cain, Mary Cain, Letitia Cain, Martha Cain, Samuel
Cain, Alva Cain, and Benjamin Cain heirs of Lewis Cain deceased you are hereby
notified that J.W. Shirley as Administrator of the estate of said deceased, filed a
petition against you in the Probate Court of said County, which is now pending 
therein, alleging the insufficiency of the personal estate of said deceased to pay
the debts of said estate, and praying for authority to sell the following real estate, 
situated in said County, of which the said decedent died seized, for the purpose of
paying said debts, and which real estate is described as follows:  viz Being a part of 
the North west quarter of Section No. 14 fourteen.  Township No. Sixteen and range 
No. sixteen. Beginning at a post standing west twenty perches and eleven and 3/4 links
from the southeast corner of the said quarter section thence west fifty one perches 
and five links to a post, Thence north thirty nine perches and one and three fourths 
links to a post, thence East fifty one perches and five to a post thence south thirty
nine  perches  and  three fourths links to the place of beginning
containing two acres and two roads.  Also the following parcel of Real
Estate a part of the said north west quarter of said section No. (14) Township and 
range aforesaid in said Perry County beginning at a corner of a lot of land formerly
owned by one John Green.  
20 perches west from the south east corner of said northwest quarter and
on the quarter section line and running thence west of said quarter section line three
perches and 2  1/2 links. Corner of the land which was owned by said Lewis Cain. Thence
north 40 perches with said Cain's land to a corner.  Thence east 3 perches- 4 1/2 links
to a corner of the aforesaid Green's lot and thence south with said lot 4 containing 3/4 of
an acre more or less.

Said petition will be heard before said court, on the 23 day of December, 1871,at
10:00a.m. or as soon thereafter as may be convenient, at which time and
place you can appear and resist the prayer thereof, if you see fit.   
Witness, R.E. Husten, Judge of said
court of Probate, and the seal thereof, at New Lexington, this 29th day
of Nov. A.D. 1871.   
R.E. Husten Probate Judge.

____________________


The State of Ohio, Perry County ss.
I., James W. Shirley, do make solemn oath, that on the 5th day of
December 1871, I served the within named Mary Cain and the 7 day of December 1871 I
served the within named Letitia Cain, Martha Cain, Samuel Cain, Alva Cain, and Benjamin
Cain- each with a true copy of the within notice and the said Alva Cain and
Benjamin Cain -being minors under 14 years of age. I served each of them personally by
handing them each a true copy of the within notice-  and neither of them having a guardian
and their father being dead I also served a true copy of the within notice on their
mother Sarah Cain,  the person having the care and control of said infants.  Sworn to and
subscribed before me this 8th day, December 1871. R.W. McMahon, Justice of the Peace.

James W. Shirley administrator, of Lewis Cain deceased vs. Sarah Cain
and other, in Probate Court of Perry County.
 This day came the said petitioner James W. Shirley admin. of Lewis
Cain, deceased, by his attorney, W. E. Finck, all of the said defendants
except the said Sarah Cain, failing to answer order to said petition; and therefore 
this case come on to be heard by the court on the petitioning the said petitioner, 
the answer of the said Sarah Cain the exhibits and testimony and was argued by counsel,
on consideration whereby the court, do find that all of the said defendants have been 
duly and legally notified as required by the statute of the __?___ and __?__ said 
petition, and for a period of more than fourteen days prior to this date.

And the court do further find that the said personal estate of the said
Lewis Cain, deceased is insufficient to pay the indebtedness of his estate; and that
he died  seized  in fee simple of the said real  estate in the petition described,
leaving his widow and said several children and lineal heirs surviving him, as named
and stated in said petition; and that it is necessary in order to pay the indebtedness 
and costs and expenses of said estate, to sell said real estate; and that all of the
allegations of said petition are true. And the court further find that the said Sarah
Cain as widow of the said decedent, is entitled to dower in said real estate; but that
by her answers herein filed, she the said Sarah Cain, has waived the assignment of said
dower by metes and bounds in said real estate, and asks the court to have such real estate
sold full and clear of dower and to allow her in lieu thereof, such sum in money out of
the proceeds of sale, as the court may deem the just and reasonable value of her said 
dower interest therein.

 It is therefore ordered and adjudged by the court, that by the Oaths of
George W. Caywood, Daniel Lexitz and Samuel Sherisen-- three judicious
disinterested freeholders of the vicinity and of said county, and not akin to either
of said parties, the said James W. Shirley as the administrator for as aforesaid, upon
actual view, cause the said real estate in said petition to be appraised.  And after 
said appraisement has been duly made, it is further ordered that said administrator 
proceed to cause said real to be sold at public auction on the premises after having 
given due notice of the time and place of said sale in some newspapers printed in said
Perry County and of general circulation therein for at least four successive weeks. 
Upon the terms following --viz. one third cash in hand, one
third in one year and the residue in two years-- from day of sale.  Said
deferred payments to bear interest from the day of sale and be secured by the mortgage
on the premises and it is ordered that an order for such appraisment and sale herein 
issue to the said administrator.

_______________________

Petition to sell land to pay debts-- Filed November 29th, 1871  - R.E.
Husten, Probate Judge

To the Honorable Probate Court within and for the County of Perry and
State of Ohio
 Your Petitioner James W. Shirley administrator of the Estate of Lewis
Cain, late of said Perry county deceased respectfully represents, that on the 9th
day of October 1871 he was duly appointed and qualified by this court as such administrator
and entered into bond as required by law and the order of this court in that behalf,
That the total value of the personal estate and effects of said
decedent is as near as can be as certained the sum of $16.75 which are assets in the hands
of adms.  That the amount of the debts owing by the deceased as near as the same can now be
ascertained, amount to about the sum of $400.

That the years allowance, set apart by the appraisers of said estate, for the support
of the widow and minor children of said deceased under fifteen years of age, was the sum
of $200. in money; and the amount of the charges and costs of the administration of said
estate up to this time is about the sum of $10-. 

The said petitioner represents that the personal estate; and effects of said
decedent are in sufficient and to pay said indebtedness-
 
The petitioner further represents that the said decedent  Lewis Cain,
died -seized in fee simple of the following real  Estate situated in said county of
Perry Ohio, and described as follows, viz.  Being apart of the northwest quarter of
section number (14) fourteen township number sixteen, and range no. sixteen, beginning 
at a post standing west- twenty perches and eleven and three fourth links, from the south
east corner, of the said quarter section  Thence west fifty one perches and five links to
a post, thence north thirty nine perches and one and three fourths links to a post, thence
east fifty one perches and five links to a post, thence south thirty nine perches and one 
and threefourths links to the place of beginning Containing twelve acres and two roads; 
also the following parcel of real estate being apart of the said northwest quarter of said section no.14, township and range aforesaid in said Perry county, beginning at a corner of
a lot of land formerly owned by one John Green, 250 perches west from, the south east corner
of said north west quarter and on the quarter section line; and running thence west on
said quarter section line, three perches and two and a half links to a corner of the
land which was owned by said Lewis Cain, thence north 40 perches _____ said Cains land
to a corner, thence east 3 perches and 4 1/2 links to a corner, of the aforesaid
Green lot; and thence south of the said lot  40 perches; containing 3/4 of an acres, More or
less and said lands being the same and all this real estate of which said Lewis Cain died
seized in said N.W. 1/4 section.   The petitioner also represents that said decedent died
leaving his widow Sarah Cain, surviving him, who is entitled to dower in the aforesaid
real estate; And also left the following persons his children and lineal heirs, surviving him
who have the next estate of inheritance in said described premises, from the said
decedent, namely- Charles Cain, Mary Cain, Letitia Cain, Martha Cain, Samuel Cain, Alva Cain,
and Benjamin Cain; all of who including said widow Sarah Cain, reside in said Perry
County- except the said Charles Cain, who resides in the County of Crawford in the
state of Illinois.

The Petitioner further represents that the said Letitia Cain, Martha Cain, Samuel
Cain, Alva Cain, and Benjamin Cain are minors.  Your petitioner therefore prays that the said 
Sarah Cain, widow, and the said Charles Cain, Mary Cain,  Letitia Cain, Martha Cain, Samuel 
Cain, Alva Cain, and Benjamin Cain, heirs as aforesaid; may severally be made defendants to
this petition; that the dower estate of the said Sarah Cain, widow as aforesaid my be
assigned and set off to her, in said seal estate; and that the petitioner may be authorized 
by the finding and order of this court to sell said real estate, to pay said indebtedness of
said estate, and grant to the petitioner all such other and further relief in the premises, as May be right and proper.

James W. Shirley, admr of Lewis Cain, deceased; by W. E. Finck, his attorney