County of Jennings

Monday Morning March 19-1906 Court met pursuant to adjournment, Present same Judge and Officers as on Saturday.

Nancy Waughtel, Josiah Waughtel } Ex Parte Partitioner
George Waughtel, James Waughtel }
John Waughtel, Charles Waughtel }
and Belle Patton   }

Comes now Nancy Waughtel, Josiah Waughtel, George Waughtel, James Waughtel, John Waughtel, Charles Waughtel and Belle Patton and file their petition for the partition of certain Real Estate in said County of Jennings which petition is in the words and figures following to-wit: (Here insert)

And said petition and all things relating thereto, having been heard and considered by the court and the court fully advised finds that all the material overments in said petition are true, that the said Nancy Waughtel is the widow of James Waughtel who died testate at said Jennings County on the 19th day of February 1906, that said other petitioners herein are the children of same James Waughtel deceased and with said widow are the sole and only heirs at law and also under the will of said James Waughtel deceased.

That said James Waughtel deceased died the owner in fee simple of the following described real estate in the County of Jennings State of Indiana to wit:

The South East one fourth of the North East quarter of Section twenty nine (29) in Township Eight North of Range Seven (7) East being 40 acres more or less.

Also the West one half of the North West quarter of Section twenty eight (28) in said township and Range being 80 acres more or less. Also the North one half (1/2) of the South West quarter of said Section twenty eight (28) being eighty acres more or less. Also five acres in the North West corner of the South one half of the South West quarter of said Section twenty eight described as follows: Beginning at the North West corner of said South one half (1/2) of said South West quarter then South to the Madison and Indianapolis Railroad, thence South East with said railroad a sufficient distance when running a line to the East and West line dividing said south one half (1/2) from the North one half (1/2) of said south West quarter of said Section twenty eight (28) to include 5 acres.

Also the Northeast one fourth (1/4) of the North East quarter of said Section twenty nine being 40 acres more or less.

Also the Northeast quarter of said Section twenty eight (28) being one hundred and sixty (160) acres more or less.

Also the East one half (1/2) of the North West quarter of said Section 28 (28) being 80 acres more or less.

Also that part of the North West one fourth (1/4) of the South East quarter of said Section twenty eight (28) that lies North and West of [----------- ]Wind Branch being twenty acres more or less. Said above described tracts containing 505 acres more or less.

That the said Nancy Waughtel desires that the several shares now owned in remainder after the expiration of her life estate by her said children said other petitioners be now set off to them in severalty subject to her life estate in each share so set off and that said partition be made in all things in accordance with said will, and that all of said petitions joint in the request thus such partition be so made that said will of said James Waughtel deceased was duly probated in said Court on the 5th day of March, 1906. And among the other things bequeaths to said Nancy Waughtel life estate in all of said lands and to said George Waughtel subject to the life estate of said Nancy the following described land in Jennings County, Indiana, to-wit:

Also the North one half (1/2) of the South West quarter of said Section twenty eight (28) being 80 acres more or less.

Also five acres in the North West corner of the South one half (1/2) of the South West quarter of said Section twenty eight (28) described as follows: Beginning at the North West corner on said south one half (1/2) of said South West quarter thence South to the Madison and Indianapolis road thence South East with said railroad a sufficient distance when running a line to the East and West line dividing said South one half (1/2) from the North one half (1/2) of said South West quarter of said Section twenty eight (28) to include 5 acres. That this said Abram Waughtel mentioned in said will died unmarried in testate and without issue on the 31st day of January, 1903 and that the said Genette Couchman died intestate and without issue on the 19th day of August, 1898. That said will provides that the said James Waughtel shall have, Four hundred dollars the said Charles Waughtel six hundred and fifty dollars and the said Bell Patton nine hundred dollars in addition to the share each owns in said lands in order to make all his children equal. That said executor, Isaiah L. Green, named in said will renounced his right to administer under said will which renunciation is in writing and was filed in the court on March 5, 1906, that no letters of administration have been issued on said estate and as the heirs are all of age and the debts provided for no necessity exists for the issue of letters of administration.

It is therefore considered and adjudged by the court that partition be made of all of said real estate as follows: that there be set off to George Waughtel the two tracts of land amounting to 85 as above described subject to the life estate of Nancy Waughtel therein. That the remainder of said real estate after so setting of said amount of land to said George Waughtel subject to the said life estate of the said Nancy Waughtel as above mentioned be divided equally between said Josiah Waughtel, James Waughtel, John Waughtel, Charles Waughtel and Belle Patton giving to each of them 1/5 part in value of said remainder of said lands. Except that there be added to the share of said James Waughtel five hundred dollars (500.00) in value of said lands, and to Charles Waughtel six hundred and fifty dollars in value of said lands and to said Belle Patton nine hundred dollars in value of said lands and that each and all of the share so set off shall be held by each and all of said parties subject to the life estate of said Nancy Waughtel in all of said real estate. That a reasonable fee for the attorney of said petitioners herein is the sum of one hundred and fifty dollars which shall be taxed and collected as a part of the costs herein.

That Daniel B. Clapp, Daniel Maloney and Charles B. Curtis are hereby appointed to make partition of said lands and that they report their proceedings herein to this court.

That the costs and attorneys fees herein be paid in equal shares by the said Josiah Waughtel, George Waughtel, James Waughtel, John Waughtel, Charles Waughtel and Belle Patton.