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You solemnly swear, that you will truly and faithfully discharge the duties, and perform the trusts committed to you, as guardiarrof the person and estate of Oliver Roe, the infant son of Richard Roe deceased. So help you God.
Letter of guardianship. State of Indrana, Posey county, to-wit.
I John Stiles, clerk of the probate court of Posey county in the state of Indiana, do certify, that John Roe of said county is duly appointed guardian of the person and estate of Oliver Roe, infant son of Richard Roe, late of said county, deceased, and has given bond, and taken the oath prescribed by the statute in such case made and provided. (seal.]
Witoess my hand, and the seal of the said court, this 3rd day of September, A. D. 1832.
JOHN STILES, Clerk.
Application by guardian for an order of sale of real estate.
To the honourable Jon Doe, judge of the probate court of Posey county; The memorial of John Roe, guardian of the person and estate of Oliver Roe, re. spectfully showeth; that the personal estate of the said Oliver, which has come to the hands of your memorialist, is insufficient for his sustenance and education; that a lot in Mount Vernon, number forty, with valuable improvements, is a part of the real estate of the said Oliver; that the improvements on said premises are sustaining unavoidable waste and decay, and the said lot is incumbered by a mortgage for the sum of three hundred dollars, which cannot be discharged by the avails of the personal estate. Your memorialist therefore prays, that your bonour would make an order for the appraisement and sale of the said premises, and that the avails of the same, after discharging the aforesaid incumbrance, may be made a fund in the hands of your memorialist for the sustenance and education of the said Oliver, during his minority. And your memorialist will prav, &c. September 3, 1832.
Order of appraisement.
Posey county, probate court, September term, 1832.
On the application of John Roe, guardian of th. person and estate of Oliver Roe, it is ordered that John Den, Richard Fen, and Ezra Stiles, be appointed appraisers to appraise the lot number forty, in the town of Mount Vernon, with the appurtenances, it being a part of the real estate of the said Oliver Roe, and to make report of such appraisement to this court at next term. By the court. Test.
JOHN STILES, Clerk.
Oath to be endorsed on a copy of the order. Posey county, to-wit.
Personally appeared before me, a justice of the peace in and for the county of Posey, John Den, Richard Fen, and Ezra Stiles, the appraisers within named, and were sworn to make a just and true appraisement of the property described in the within order according to their best skill and judgment. Sworn this 4th day of September, 1832, before me,
RICHARD STILES, J. P.
Report of appraisers. We the undersigned, appointed by the within order, to appraise the premises therein described, having been śworn according to law, do report, that on due consideration and examination of the premises, we are of opinion that the said lot, with the improvements and appurtenances, is worth two thousand dollars, and do appraise the same accordingly.
Know all men by these presents, that we John Roe and Edward Baker, of the county of Posey and state of Indiana, are held and firmly bound unto the state of Indiana in the sum of four thousand dollars, for the payment of which, well and truly to be made and done, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated the 19th day of November, A. D. 1832.
The condition of the above obligation is such, that if the above bound John Roe will truly and faithfully discharge the duties and perform the trusts committed to him, as guardian of the person and estate of Oliver Roe, and will faithfully apply the moneys arising from the sale of the lot in Mount Vernon, number forty, with the appurtenances, being a part of the real estate of the said Oliver Roe, under and according to the direction of the probate court of Posey county, and render a just account thereof according to law, then the above obligation is to be void and of none effect, otherwise to be and remain in full force and virtue in law. Signed, sealed, and JOHN ROE,
SEAL. delivered in pre
EDWARD BAKER. SEAL.] sence of John SCRIBE.
Order of sale.
Posey county, probate court, November term, 1832. On the application of John Roe, guardian of the per
and estate of Oliver Roe, it is ordered, on due proof and consideration of the premises, that John Den and Edward Stiles be appointed commissioners to make sale of the lot number forty in the town of Mount Vernon, with the appurtenances thereto belonging, it bei: g a part of the real estate of the said Oliver Roe. And it is fur. ther ordered, that the said commissioners, before offer, ing the said property to sale, shall give at least twenty days notice of the time and place of offering the same, by publication in the most convenient newspaper, for three weeks in succession, and also by notices in writing set up in the town of Mount Vernon, and at least three other public places in the said county of Posey; and after giving such notice, the said commissioners or either of them shall proceed to sell the said' premises bj public yendue, requiring the purchaser to pay one fourth part of the purchase money at the time of sale, and the re. maining three fourths in equal instalments, at six, twelve, and eighteen months from the time of such sale, taking the purchaser's note for each instalment, and holding the title of the said property in security for the punctual pay. ment of the said instalments as they shall respectively become due. And it is further ordered that the said commissioners, or such one of them as may make the said -ale, shall make out and deliver to the purchaser a certificate, particularly stating the terms of sale, the amount paid, the amount remaining due, and that op payment in full of the purchase money he will be entitled to a deed of conveyance for the said premises, proyided the said sale be confirmed by this court, and that in case the said sale shall be set aside, then he will be entitled to a return of the amount paid. And it is further ordered, thạt the said commissioners maķe report of their doings in the premises, and deposit the avails of the sale in this court at next term. By the court.
Test. JOHN STILES, Clerk.
Report of the Commissioners.
The undersigned commissioners, appointed by an order of this honourable court, made at the last November term thereof, to make sale of the lot number forty, in the town of Mount Vernon, with its appartenances, it being a part of the real estate of Oliver Roe, do respectfully report, that having given public notice of the time and place of sale, agreeably to the directions of the said order, they did on the 29th of December last, expose the said premises to sale, by public vendue, at the town of Mount Vernon aforesaid and sold the same to Francis Davis, for the sum of sixteen hundred dollars, he being the highest bidder, and that the highest and best price bidden for the same. And the said commissioners, in pursuance of the said order, gave to the said Francis Davis a certificate, and received of the said Francis Da. vis the sum of four hundred dollars, in part payment, and took his notes for the balance, in three equal'instalmeņts as directed by said order; which money and notes
the said commissioners have here in court. All which is respectfully submitted.
EDWARD STILES. January 7th, 1833.
Confirmation and order of conveyance.
Posey county, probate court, January term, 1833.
The commissioners appointed at the last November term of this court, to make sale of lot number forty in the town of Mount Vernon, part of the real estate of 0. liver Roe, the son of Richard Roe deceased, at the instance of John Roe, the guardian of the said Oliver, having reported, that in pursuance of said order, they had sold the said lot to Francis Davis, and the court now here being satisfied, upon due consideration of the premises, that the said commissioners have in all respects pursued the directions of said order, it is now considered and adjudged, that the sale so made by the said commissioners be confirmed, and it is ordered that the money and notes, taken of the purchaser by the said commissioners, and brought here into court, be delivered over to the said John Roe, the guardian of the person and estate of the said Oliver Roe. And it is further ordered, that as soon as the said Francis Davis shall have fully paid to the said John Roe, guardian as aforesaid, the amount of the price of the said lot, then the said John shall execute to him a sufficient and lawful conveyance in fee simple for the same. By the court.
Test. JOHN STILES, Clerk.
The protection of lunatics and idiots and their estates, is another branch of the jurisdiction of the probate courts.
All persons of mature age are presumed to be of sound mind, and capable of governing themselves, and managing their own affairs, until the contrary appear. Therefore to secure protection to such as are incapable of self government, and at the same time, to prevent an undue exercise of power, it is necessary that strict inquiry be made into the condition of persons alleged to be non compos mentis; and the fact of sanity or insanity ascer