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administrator of the estate of Richard Roe, deceased, respectfully reports, that in pursuance of an order of this honorable court, made at the last September term there. of, be the said John, having given due notice of the time and place of sale, agreeably to the directions of said or der, did on the third day of this instant, expose to sale, by public vendue, the land therein mentioned, and sold the same to David Rich for the sum of one thousand and ten dollars, he being the highest bidder, and that the highest and best price bidden for the same. Which sale he prays may be confirmed. Nov. 19, 1832.
· JOHN ROE.
Confirmation, and order for conveyance.
Clark county probate court, November term, 1832.
of an order of this court for the sale of a certain tract of land, late the estate of Richard Roe, deceased, and in the said order described, John Roe, ad. ministrator of the estate of the said Richard, makes report, that agreeably to the directions of said order he sold the same to David Rich, on the third of the present instant, for the sum of one thousand and ten dollars. Which report, being read and heard, is approved; and it is considered and adjudged, that the sale so made asaforesaid, be confirmed. And it is further ordered that the said John Roe be, and he is hereby authorized and empowered to demand and receive from the purchaser, the whole amount of the price of the said land, which is hereby made assets in his bands for the purpose of discharging the debts of the deceased, and of being otherwise administered and disposed of according to law. And it is further ordered that the said John Roe, within a reasonable time after he shall have received the amount of the price of said land, do execute to the pur. chaser aforesaid, a good and sufficient deed of convey.. ance for the land so sold as aforesaid. By the court.
Test. JOHN STILES, CI’k. Nov. 13, 1832.
#Whenever any executor or administrator, after the real estate has been made assets, as above directed,
shall discover that the whole estate, real and personal, is insufficient to satisfy the outstanding debts, he shall file in court in term time, or in the clerk's office in vacation, his complaint, stating clearly and succinctly the condition of such eštate, both real and personal, the appraised value thereof, the amount of outstanding debts, and the insufficiency of the estate, real and personal, to discharge the same. And thereupon, the court in'term time, or the judge in vacation, shall cause an order to be entered on the records of said court, directing the creditors to be notified of the pendency of the said complaint, and warning them, that unless they notify such executor, or administrator of the existence and extent of their respective claims, by filing the same, or a statement of the nature and date of the contract upon which the same may be founded, in the office of the clerk of said court, prior to the final distribution of the assets of said estate, such claims will be postponed in favor of the claims of more diligent creditors. Which notice is to be given by a publication, for six weeks successively, in a newspaper published in, or nearest to the county in which the complaint is filed; and the executor or administrator is required to cause the publication to be made forthwith, according to the said order. Rev. L. 163, 4.
Complaint of insolvency. ·
To the honorable John Doe, judge of the probate court of Scott county, in the State of Indiana; The memorial of John Roe, administrator of the estate of Richard Roe, deceased, respectfully sheweth; That the amount of the personal estate of the said deceased which has come to his hands to be administered, including debts due to the estate, at the appraised value, as appears by an inventory thereof now on file in this court, is
$325 79 The real estate, at the appraised val
ue, as per inventory, also on file, is 463 00
788 79 The following sums were due and ow
ing by the deceased, to-wit: To David Hoffman,, by note due 3rd
Interest on same,
4 12 To John Pike, by due bill,
100 00 To Peter Dickson, by account proven, 69 26 To Daniel Shaver, by note,
529 50 Making together the sum of
Shewing a deficit of
326 09 Such is the condition of the estate of the deceased, both real and personal, and the amount of debts outstanding against it, so far as the same have come to the hands or knowledge of your memorialist. From the above statement it clearly appears, that the whole property, real and personal, of the said deceased, which has been made assets in the hands of your memorialist to be administered, is insufficient to satisfy the debts and demands outstanding against it. Your memorialist therefore prays that he
be allowed to settle the said estate as insolvent, in conformity with the statute in such case provided, that the creditors of said estate may be notified accordingly, and that he may have such other and further relief as may be consistent with justice and equity. . And your memorialist will pray, &c.
JOHN ROE. March 3, 1832.
Order of publication.
State of Indiana, Scott county, to-wit:
Clark county, prcbate court, March term, 1832. John Roe, administrator of Richard Roe deceased,
of insolvency The creditors of the said Richard. Roe.
The said John Roe having filed his memorial in this court, shewing the condition of the said estate, and complaining that the property, both real and personal, is insufficient to pay the debts, and demands outstanding against it; it is therefore ordered, that the filing and pendency of the said complaint be made known to the creditors of the said Richard Roe deceased, by a publication of this order for six weeks successively, in the Statesman, a weekly newspaper published in Charlestown, in the county of Clark; and that they be informed, that un
less they notify the said administrator of the existence and extent of their respective claims, by filing the same, or a statement of the nature, date, and description of this contract or assumpsit upon which the same may be foundéd, in the office of the clerk of this court previous to the final distribution of the assets of the estate of the said decedent, such claims will be postponed in favor of the claims of more diligent creditors. By the court.
Test. JOHN STILES CIk. March 3, 1832.
W From the time of filing the complaint of insolvency, an administrator or executor is not liable to an action, unless upon an allegation of fraud, waste, or negligence. And any execution which may have been issued, prior to the filing of his complaint, against the estate of the decedent in his hands, is to be recalled by supersedeas.
After due notice to creditors, all such claims as may have been filed in the clerk's office are to be acted upon and finally determined by the court according to evidence; and in all contests, where the sum in controversy exceeds twenty dollars, each party has a right to demand a trial by jury. Rev. L. 164, 5,
Form of supersedeas.
State of Indiana, Bartholomew county, to wit:
The state of Indiana to the sheriff of Bartholomew county, or his deputy, GREETING.
Whereas John Dick, on the fourth day of July ļast past, recovered judgment against John Roe, administrator of the estate of Richard Roe, late of said county deceased, in an action of covenant, in the probate court of our said county, for the sum of one hundred dollars, damages, and fifteen dollars, costs of suit; and an execution was issued, on the said judgment, on the tenth day of August last, against the said administrator, to be levied of the estate of the said Richard Roe deceased, in the hands of the said administrator to be administered; and inasmuch as the said John Roe has filed in our said probate court his complaint, setting forth the condition of the said estate, a d shewing that the whole estate, real and personal, in his hands to be administered, is not sufficient
to discharge the debts and demands outstanding against it; you are therefore hereby commanded, that you cease, and wholly supersede doing any thing further in the said execution; and if you or either of you have taken or seized any part of the estate of the said Richard Roe deceased, by virtue of said execution, that you, immediately and without delay, cause the same to be restored, and make due return of the said execution to our said probate court, at the next term thereof; and have then there this writ. Herein fail not.
Witness John Stiles, clerk of our said court, and (SEAL.] the seal thereof hereto affixed, at Columbus in
the said county, the sixth day of October, .A. D. 1832.
JOHN STILES, Cl’k.
State of Indiana, Jennings county, to wit ;
The state of Indiana to the sheriff of Jennings county, GREETING.
You are hereby commanded, that you cause to come before our honorable probate court, to be holden in and for our said county, at Vernon, on the first Monday in September next, twelve good and lawful men of your county, to serve as jurors for the trial of a certain issue now depending in said court, between John Roe, administrator of the estate of Richard Roe deceased, plaintiff, and David Flinn, defendant, and have then there, the names of the said jurors, and this writ.
Witness John Stiles, clerk of our said court, and [SEAL.] the seal thereof hereto affixed, at Vernon in
said county, the 20th day of August, A. D. 1832.
JOHN STILĒS, CI’k.
Oath of jurors.
You, and each of you do solemnly swear, that you
will well and truly try the issue joined, in the cause now depending between John Roe, administrator of the estate of Richard Roe deceased, plaintiff, and David Flinn, defendant, and give a true verdict according to the evi; dence. So help you God.