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Chancery Record
Petition for Partition
John Slifer, Guardian for Susanna Whetstone, an Idiot Vs. Mary Whetstone
and Others

Peter Whetstone, ID0400 Estate
Crawford County, Ohio
1842

Home Peter Whetstone Whetstone Family
 

Source:
Chancery Record, Vol. 2, page 159-173. John Slifer Guardian of Susanna Whetstone, ID4040 (an Idiot) vs. Mary Whetstone and others. 1842, Court of Common Pleas, Crawford County, Ohio. Doc4923.pdf

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Cast of Characters:   -
Adams, Franklin (Attorney for John Slifer, Guardian of Susanna Whetstone, ID4040)
Bash, Barbara, ID6822 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035)
Bash, Jacob, ID6817 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035)
Bash, John, ID6820 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035)
Bash, Mary, ID6821 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035)
Bash, Peter, ID4046 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035)
Bash, Samuel, ID6824 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035)
Bash, Susanna, ID6823 (Child of Mary Whetstone, ID4036 and Jacob Bash, ID4035)
Bowen, Ozias - Judge of Common Pleas court 1837-1851 (Link: https://crawfordcocpcourt.org/history-of-the-court-of-crawford-county/)
Chambers, Elias - (Deceased July 1842) PDF Page 10, Line 11
Charlton, John - deeded land  (Neighbor of Peter Whetstone, ID0400)- PDF Page 4, Line 11 - PDF Page 10, Line 33 -
Elden, John I. Deputy Clerk, Crawford County, Ohio
Fisher, William PDF Page 17, Line 4 (Guardian for Infant defendants)
Harper, James S. - Sheriff of Crawford County
Jones, M. I. PDF Page 12, Line 9
Lauck, George - PDF Page 18, Line 8 (Commissioner)
Knisely, Samuel - Associate Judge, Common Pleas Court
McCollough - Sheriff, Crawford County, Ohio
Mendenhall, John Deputy Clerk
Mentzer, Elizabeth Whetstone, ID4043 (Daughter of Peter Whetstone and wife of Samuel Mentzer)
Mentzer, Samuel, ID4069 (Son of Elizabeth Whetstone and Samuel Mentzer)
Merriman, Willis, Deputy Clerk (Name:  Bk3373, p 182)
Musser, Adam, ID (Child of Catherine Whetstone, ID4038 and Adam Musser, ID4037)
Musser, Eleanor, ID4088 (Child of Catherine Whetstone, ID4038 and Adam Musser, ID4037)
Musser, Jacob, ID4087 (Child of Catherine Whetstone, ID4038 and Adam Musser, ID4037)
Musser, Mary, ID4085 (Child of Catherine Whetstone, ID4038 and Adam Musser, ID4037)
Musser, Peter, ID4086 (Child of Catherine Whetstone, ID4038 and Adam Musser, ID4037)
Myers, Samuel - PDF Page 18, Line 8 (Commissioner)
Reed, George, ID4062 (Husband of Carherine Bash, ID4061, daughter of Mary Whetstone and Jacob Bash)
Rowse, Zalmon. Clerk of Common Pleas  (Name:  Bk3373, p 182)
Sarwill, Jabez B. - Master Commissioner in Chancery of Common Pleas Court, Crawford County, Ohio
Simmons, William Fitz - PDF Page 18, line 8 - Surveyor of Crawford County (PDF Page 23, Line 1) (Commissioner)
Slifer, John - Guardian of Susanna Whetstone, ID4040, an Idiot
Stackman, Peter - PDF Page 3, line 10
Strough, John G., of Crawford County, Witness - PDF Page 9, last Line - Administrator of John Whetstone Estate
Taylor, Andrew - Associate Judge, Common Pleas Court
Welch, Hugh Associate Judge, Common Pleas Court
Whetstone, Daniel, ID4041 (Son of Peter Whetstone)
Whetstone, Jacob, ID0396 (son of Peter Whetstone)
Whetstone, John, ID0394 (Son of Peter Whetstone), My Ancestor
Whetstone, Mary Stine, ID4022 (Widow of Peter Whetstone)
Whetstone, Peter, ID439 (Son of Peter Whetstone)
Whetstone, Samuel, ID4042 (Son of Peter Whetstone)
Whetstone, Susanna, ID4040 (daughter of Peter Whetstone)
 
 
 

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Page 159 Petition for Partition Click Thumbnail for larger Images
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July Term A.D. 1842 Record Page 159

Petition for Partition
John Slifer Guardian of Susanna Whetstone (an Idiot)
Vs.
Mary Whetstone
Jacob Whetstone
Peter Whetstone
Daniel Whetstone
Samuel Whetstone
John Whetstone
Samuel Mentzer &
Elizabeth [Whetstone] Mentzer is wife
George Reed and Catherine [Whetstone] Reed, his wife
John Bash, Peter Bash, Mary Bash, Barbara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Adam Musser, Mary Musser, Peter Musser & Others

Be it remembered that heretofore to wit
on the ninth day of July in the year of our Lord one thousand Eight hun-
dred and thirty nine, John Slifer, Guardian of Susanna Whetstone
(an idiot) Petitioner, by Franklin Adams Esquire his attorney, filed in the
office of the Clerk of our Said Court of Common Pleas his petition in
Chancery against Mary Whetstone, Jacob Whetstone, Peter Whetstone,
Daniel Whetstone, Samuel Whetstone, John Whetstone, Samuel Mentzer yeo, & Elizabeth Mentzer his wife, George Reed and Catherine Reed
his wife, John Bash, Peter Bash, Mary Bash, Barbara Bash,
Jacob Bash, Susanna Bash, Samuel Bash, Adam Musser, Mary Musser, Peter Musser, Jacob Musser and Eleanor Musser
which is in the words and figures following to wit, "To the Honorable
the Court of Common Pleas of Crawford County in the State of Ohio ???
Petitioner John Slifer of said County of Crawford guardian of the person and
property of Susanna Whetstone who by an inquisition has before his Honor
Samuel Knisely one of the Associate Judges of said Court at the Courthouse

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in said County on the 30th October 1838 in pursuance of the first section of the act to provide for the safe keeping of
Idiots lunatics or Insane persons the management of their affairs and for other purposes passed March 9, 1838 was
found to be an Idiot & would represent to your honor that he recd his said appointment from Your Honor at the
April term of said Court 1839 that he accepted the trust has been duly qualified and has given said conditioned
for the faithful discharge of his duties as such guardian as then and there required by said Court. That the said
Susanna's Wholly incapable of taking care of herself that she has children who are in their infancy & helpless and
that the said Susanna has not property whatever except her interest in the real estate owned by Peter Whetstone her late
father at the time of his death. Your petitioner further represents that on or about the 4th June 1836 the said Peter
Whetstone departed this life seized in fee of the east half of the northwest quarter of section twenty two in township
two south in range seventeen containing eighty acres & of a part of the north East quarter of said section containing three
acres it being forty rods from north to south and twelve rods from east to west and situate in the north west corner of said
north east quarter all of which is situate in Crawford County aforesaid - That the said Peter Whetstone died intestate
leaving besides the said Susanna one of his heirs at law Mary Whetstone his relict and widow who resides in Richland County, Ohio
and who is entitled to dower in said premises and the following children who according to the Statutes of descent and distribu-
tion would each be entitled to one ninth part of said premises to wit Jacob Whetstone, Daniel Whetstone, Elizabeth in-
termarried with Samuel Mentzer & John Whetstone a minor who reside in Crawford County of record, Peter Whetstone of
Hardin County Ohio and Samuel Whetstone of Miami Co., and also the following grand children Catherine in
termarried with George Reed, John Bash, Mary Bash, Peter Bash, Barbara Bash, Jacob Bash, Susanna Bash
and Samuel Bash children and heirs at law of Mary Bash decd, who was a daughter of said Peter Whetstone
decd & who according to the statutes of descents and distribution would be entitled to ??? jointly one ninth of the
interest in said premises. All of who reside in Crawford County aforesaid the last five of whom are minors, And
also Mary Musser, Peter Musser, Jacob Musser and Eleanor Musser children and heirs at law of Catherine Mus
ser, who was a daughter of said Peter Whetstone decd, all of whom reside in Crawford County aforesaid are minors
and according to the Statutes of descent and distribution would be entitled to take jointly one ninth part of the interest
in said premises, which said widow and heirs of the said Peter Whetstone decd, Your Orator prays may be made
defendants to this petition. Your petitioner further represents that during the life time of the said Peter Whetstone to wit
on the 20th October 1830 or there about the said Peter Whetstone made advancements to sundry of his said children which
according to the express understanding and consent of all parties concerned was to be accounted for at the death of the said
Peter Whetstone and were by the parties for whom benefit the same were made to be ?? into a ??? just before they cou
ld be entitled to a distribution share of the property both real and personal which should be left by said Peter Whet-
stone at his death, as follows to wit. By deed hearing date the said 20 October 1838 he conveyed in fee to the said Mary Bash
(then living) and the heirs of her body the east half of the south east quarter of section fifteen township two sought range
seventeen situate in Crawford County aforesaid and also gave the said Mary the sum of thirty dollars besides the sum
of money and other property by deed bearing date the said 20 October 1830, with the knowledge and consent and at the

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request of the said Catharine Musser (Then living) he conveyed in fee to one Adam Musser (Who orator prays may also be-
made party deft to this petition) the then ash land of the said Catharine the west half of the south east quarter of section fif-
teen aforesaid and also gave the said Musser the sum of thirty dollars, on the same terms, besides other sums of money
and other property by deed hearing date the said 10 October 1830 he conveyed in fee to said Peter Whetstone, his son the west
half of the south west quarter of section twenty there in the township aforesaid containing eighty acres. And also gave the
said Peter the sum of forty dollars besides other sums of money and other property by deed bearing date of the said 20th
October 1830 he conveyed in fee to said Jacob Whetstone the east half of the south west quarter of section twenty two
in the township aforesaid containing eighty acres and also gave the said Jacob the sum of thirty dollars besides other sums
of money and other property on the said 20th October 1830 he purchased the west half of the north east quarter of section fifteen afore
said containing eighty acres of one Peter Stackman and paid a full consideration therefor and at the request and with the
consent of the said Daniel Whetstone the said Peter Whetstone procured the said Peter Stackman to convey said prem
ises to said Daniel Whetstone in fee by deed bearing date of the said 20th October 1830 and he also then and

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there gave the said Daniel the sum of ten dollars besides other large sums of money & other property. And on the said 20th Oct
ober 1830 the said Peter Whetstone decd. gave the said Samuel Whetstone the sum of eighty two dollars and thirty five cents
besides other and divers large sums of money and other property. All of which said conveyances deeds of give and donations
were advanced to the said donors as aforesaid by said Peter Whetstone Decd. And your petitioner charges that that at sun
dry times during the life time of the said Peter Whetstone decd, the said Peter made donations to the said Mary Catha
rine Jacob Peter Daniel and Samuel of which your orator prays a discovery from the said money. Your petitioner fur
ther represents that on or about the 31st March 1836 the said Samuel Whetstone and Elizabeth his wife by deed of quit claim of
that date conveyed all their interest in the said East half of the north west quarter of section twenty two in township two south
in range seventeen and also the said part of the north east quarter of said section containing three acres is being forty rods
from north to south and twelve rods from east to west and situate in the north west quarter of said north east quarter
to one John Charlton, that on or about the 4th October 1836 the said Charlton & Elizabeth his wife by deed of quit claim of that
date conveyed all their interest in said premises to the said Jacob Whetstone. That on or about the first January 1837 the said
Daniel Whetstone and Esther his wife by deed of quit claim of that date conveyed all their interest in said premises to the said
Jacob Whetstone. That on or about the 4th February 1837 the said Peter Whetstone (Son of the Said Peter Whetstone Decd)
and Susanna his wife by deed of quit claim of that date conveyed all their interest in said premises to the said Jacob
Whetstone. That on or about the 28th February 1837 the said George Reed and the said Catharine his wife by deed
of quit claim of that date conveyed all their interest in said premises to the said Jacob Whetstone. That on or about
the 28 February 1837, the said Samuel Mentzer and Elizabeth his wife by deed of quit claim of that date conveyed
all their interest in said premises to the said Jacob Whetstone and that on or about the 24 February 1838 the said
Mary Whetstone widow of the said Peter Whetstone decd, by deed of quit claim of that date conveyed all her
interest in said premises to the said Jacob Whetstone. Petitioner represents that the said Jacob Whetstone is
entitled to receive all the interest in said premises which in equity belonged to the Mary Whetstone widow of said
Peter Whetstone decd, and of the said Peter Whetstone (Son), Daniel Whetstone, Samuel Whetstone, Elizabeth inter
tmarried with Samuel Mentzer and Catherine intermarried with the said George Reed. Your petitioner prays that
a writ of subpoena may issue to each of said defendants commanding them under a penalty to answer under their Corporal
oaths to all the matters and things herein contained and that on the hearing of this petition he prays that the interest
of the said Susanna Whetstone his ward in the said real estate may be ??? to her and sold for the purpose
of raising funds to supply the immediate necessities of the said Susanna Whetstone and her children and your
petitioner further prays for such further other and different relief in the ??? as to your Honor may see to meet
and proper and as in duty bound will ever pray & C Franklin Adams Atty for Petitioner
And thereupon the following Subpoena in Chancery issued from the Clerks Office aforesaid, directed and delivered to the Sheriff of
our said County to wit. The State of Ohio, Crawford County SS to the Sheriff of the County aforesaid Greetings: We com
mand you that you summon Jacob Whetstone, Daniel Whetstone, John Whetstone, Samuel Mentzer & Elizabeth Mentzer
his wife, George Reed and Catharine Reed his wife, John Bash, Peter Bash, Mary Bash, Barbara Bash, Jacob Bash,
Susanna Bash, Samuel Bash, Adam Musser, Mary Musser Peter Musser, Jacob Musser and Eleanor Musser
to appear before the judges of our Court of Common Pleas at the Court House on the 20th day of November next to answer a petition

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in Chancery exhibited against them and others by John Slifer Guardian of Susanna Whetstone an idiot and this they shall in
no wise omit under the penalty of one thousand dollars, and have you then there this wit. Witness my hand and the seal of
our said Court this 9th day of July A. D. 1839. E. Rowse Clerk by John Mendenhall Dept.
And afterwards to wit at the November Term of our said Court A. D. 1839. Came the Sheriff (by his Deputy) to whom the aforesaid
writ was directed and delivered and made return of the same with the following endorsement thereon to wit, Served this writ on
all of the within named defendants by leaving a certified copy of this writ with each of them Sept 28 1839. ??? Deputy Shff
and also the following subpoena in Chancery was issued to the Sheriff of Miami County to wit, The State of Ohio, Crawford
County, SS to the Sheriff of the County of Miami Greeting - We command you that you summon Samuel Whetstone to
appear before the judges of the Court of Common Pleas at the Court House on the 25th day of November next to answer a
petition in Chancery Exhibited against him and others by John Slifer Guardian of Susanna Whetstone an idiot and this

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he shall in no wise omit under the penalty of one thousand dollars. and have you then there this writ, witness my hand
and the seal of our said Court this 9th day of July A.D. 1839. E. Rowse Clerk by John Mendenhall, Dep
And afterwards to wit at the November term o four said Court A.D. 1839 ??? The Sheriff of Miami County to ???
the aforesaid Writ was directed and delivered. Made return thereof with the following endorsement thereon to wit "I delivered
unto the Def named in this writ a copy of said writ the 28th day of August 1839, Thos D. F??? Sheriff of Miami County, Ohio,
And also the following Subpoena in Chancery was issued to the Sheriff Hardin County to wit "The State of Ohio, Craw
ford County, SS, To the Sheriff of the County of Hardin Greeting: We command you that you that you summon Peter
Whetstone appear before the Judge of our Court of Common Pleas at the Court House on the 25th day of Novem
ber next to answer a petition in Chancery exhibited against him and others by John Slifer Guardian of Susanna
Whetstone an idiot and this he shall in no wise omit under the penalty of one thousand dollars and have you then
there this writ. Witness my hand and the seal of our said Court this 9th day of July A.D. 1839. E. Rowse Clerk by John Mendenhall, Dep
And afterwards to wit at the term of our said Court last aforesaid, the Sheriff of Hardin County to whom the aforesaid
writ was directed and delivered, made return thereof with the following endorsement thereon to wit "The within defendant
not found in the county Sept 16th A.D. 1839
And Also the following subpoena in Chancery was issued to the Sheriff of Richland County to wit "State of Ohio, Crawford
County, SS. To the Sheriff of the County of Richland Greetings. We command you that you summon Mary Whetstone
to appear before the Judges of our Court of Common Pleas at the Court House on the first day of their next term to
answer a petition in Chancery Exhibited against her and others by John Slifer Guardian of Susanna Whetstone an idiot
and the She shall in on wise omit under the penalty of one thousand dollars, and have you then there this writ Witness
my hand and the seal of our said Court this 9 day of March A.D. 1839. E. Rowse, Clerk
And Afterwards to wit at the March term of our said Court A.D. 1840 the Sheriff of Richland County to whom the
above subpoena was directed and delivered made return thereof with the following endorsement Theron to wit "State of
Ohio Richland County SS - Re this writ March 10 1840 and on the 14th day of March 1840 I served the same on Mary
Whetstone by sending and serving with her a true certified copy of this writ John McCollough, Sheriff
And afterwards to wit at the term of our said Court last aforesaid, this cause was continued until the next term of this court
And afterwards to wit at the June Term of our said Court A.D. 1840 this cause was continued until the next term of said court
And afterwards to wit at the November Term of our said Court A.D. 1840 this cause was continued until the next term
And afterwards to wit on the 6th day of April A.D. 1841 the said Peter Whetstone filed his answer in the words and figures
following to wit John Slifer Guardian of Susanna Whetstone an idiot vs Mary Whetstone, Jacob Whetstone, Peter Whetstone
& others in Common Pleas Crawford County Ohio Petition for Partition And the said Peter Whetstone here Waves the issuing and
Service of process and enters his appearance on this suit and for answer to the said Petition says that the matters and things
therein set forth are true in substance and in fact and that he has no objections that the said Court should at their

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next term grant to the petitioner the relief by his sough and will as such other relief as Justice and equity applied
to the facts of the case may seem to require. Witness present Franklin Adams - Peter Whetstone (His Mark)
And afterwards came William Fisher Guardian Ad Litem for the infant defendants and filed his answer in the words and
figures following to wit "John Slifer Guardian of Susanna Whetstone an idiot vs. Mary Whetstone & others William Fish
er Guardian Ad Litem for the infant defendants John Whetstone, Peter Bash, Barbara Bash, Jacob Bash, Susanna
Bash, Samuel Bash, Mary Musser, Peter Musser, Jacob Musser and Eleanor Musser comes and for plea to the petition filed in the suit says that of the matters and things therein contained he knows nothing and that the said infant de
fendants being of tender ages he places them under the protection of the Court and prays that no fact effecting their in
terests be allowed against them without full proof William Fisher Guardian Ad Litem for the infant defendants
John Whetstone, Peter Bash, Barbara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Mary Musser
Peter Musser, Jacob Musser & Eleanor Musser.
And afterwards to wit at the April Term of our said Court A.D. 1841 this cause was continued under advisement
And afterwards to wit at the June term of our said Court A. D. 1841 it was ordered by the Court that this cause be
referred to Jabez B. Sarwill Master Commissioner in Chancery of this Court and that the said Master be author

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ized to take proofs and be required to report at the next term of this Court particularly upon the following points 1st the
value of each lot if any conveyed by Peter Whetstone Decd. to each of the Defendants by way of an advertisement the value to
have reference to the time of the conveyance, and also what other if any advancements were made by the said Peter Whetsto
ne to the Defendants. 2nd the present value of the lands which the said Peter Whetstone decd signed. 3rd the amount
in value of any property which is now owned by the said Susanna Whetstone and thereupon on motion of the Court by Mr
Adams Council for the petitioner it is ordered that a dedimus potestatem issue in this cause to take the depositions of sundry
persons in the town of Bucyrus in this County to be directed to Jabez B. Sarwill, Master Commissioner of this Court
and it is further ordered -that the defendants within ten days file with the Clerk of this Court the name of an agent res
ident in said County to whom notice of the time and place of executing said dedimus potestatem maybe given and
it is further ordered that the service of such notice upon each agent three days previous to the execution of said dedi
mus shall be deemed good service upon the defendants and it is further ordered that if the ??? fail to file with the
Clerk the name of each agent by the time aforesaid in the words and figures following to wit "John Slifer Guardian of Susanna Whetstone
an idiot vs. Mary Whetstone & others. In Com Pleas Crawford County Ohio Petition for Partition the heirs at law of Peter
Whetstone deceased late of said County hereby certify that it is our wish that entire partition be made of the lands of
which the said Peter Whetstone decd seized Oct 21, 1841
Jacob Whetstone
Samuel Mentzer
Elizabeth Mentzer
Peter Bash
Mary Bash

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And afterwards to wit on the 21st day of October in the year A.D. 1841 a dedimus potestatem issued from the Clerks Office
of our Court aforesaid which read in the Words and figures following to wit "The State of Ohio, Crawford County SS: To
Jabez B. Sarwill Master Commissioner in Chancery of the Court of Common Pleas of said County Greetings. Know you
that we in Confidence of your prudence and fidelity here appoint you and by these presents do give to you full power
and authority to examine and take the positions of witnesses in a certain Chancery cause pending in our Court of
Common Pleas within and for the said County of Crawford, wherein John Slifer Guardian of Susan Whetstone
an idiot is plaintiff and Mary Whetstone and others are defendants. And therefore we command you that at cer
tain days and places to be appointed by you, the agent of the plaintiffs having due notice of the time and place of
taking the same if the said plaintiffs shall name such agent residing in said County of Crawford and serve
upon the attorney of said John Slifer Guardian of the said Susan Whetstone memorandum of the name and res
idence of each agent, that you cause such witnesses as may be required by the said John Slifer or his agents
to be brought before you, and then and there examine each of them on their separate and respective corporal
oaths first taken before you and that you reduce such examination to writing and return the same together with
the writ closed up under your seal into our said Court with all convenient speed. Witness Jabez B. Sarwill
Clerk of said Court, and the seal of said Court of Common Pleas this 21st day of October 1841, J. B. Sarwill clerk
The execution of this Commission appears in certain schedules hereunto annexed Jabez B. Sarwill, Master Commissioner.
And thereupon on the same day certain depositions were taken which read in the words and figures following to wit: Depo
sitions of Witnesses produced sworn and examined on the twenty first day of October A.D. 1841, at the Court House
in the town of Bucyrus at the Office of the Clerk of the Court of Common Pleas before Jabez B. Sarwill, Master
Commissioner in Chancery, by virtue of a Commission issued from the Court of Common Pleas of Crawford County
in the State of Ohio, to me directed for the examination of witnesses, in a certain Chancery cause pending in said
Court wherein John Slifer Guardian of Susanna Whetstone, an idiot, is plaintiff and Mary Whetstone, Jacob
Whetstone, Peter Whetstone, Daniel Whetstone, Samuel Whetstone, John Whetstone, Samuel Mentzer and Eliz
abeth Mentzer his wife, George Reed and Catharine Reed his wife, John Bash, Peter Bash, Mary Bash, Bar
bara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Adam Musser, Mary Musser, Peter Musser
Jacob Musser and Eleanor Musser are respondents. John G. Strough of Crawford County in the State of Ohio

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being produced sworn and Examined on behalf of the Plaintiff deposes and says, I was acquainted with Peter Wh
etstone decd mentioned in the petition filed in this cause, He has been dead some five years. I was acquainted with
his family. The paper here with exhibited marked A and attached to this deposition gives a correct statement of the heirs
of the said Peter Whetstone. The names of his children were Jacob, Peter, Samuel, John, Daniel, Elizabeth, Catha
rine, Susanna and Mary. The said Elizabeth is intermarried with Samuel Mentzer, the said Catharine
was intermarried with Adam Musser. She is dead and left four children named Mary, Peter, Jacob and Eleanor.
the said Mary was intermarried with Jacob Bash. She is dead and left eight children, named Catharine who is now
intermarried with George Reed, John, Mary, Peter, Barbara, Jacob Susanna and Samuel. I acted as Adminstra
tor of the said Peter Whetstone decd, and have made final settlement. Among the papers which fell into my hands
as Administrator was the one hereto attached marked B which was represented to me by the widow of the decd as
being a memorandum made out by Elias Chambers now decd at the ??? and request of the said Peter Whetstone
in his life time for the purpose of showing the advancements he had made to sundry of Children. A few weeks
after the death of the said Peter Whetstone the time the personal property of the Estate was appraised the Children being all
present. (this was foregoing to the death of Catharine and Mary) I exhibited this memorandum and read the contents in the
presence and hearing of the whole of them. They all assented to its correctness and admitted it to be good evidence the fol
lowing advancements had been made by the said Peter Whetstone up to the 29 March 1833. To wit to the said Ma
ry Bash $130.00. To the said Catharine Musser 133.00. To the said Jacob Whetstone 130.00. To the said Peter
Whetstone (son) 140.00. To the said Daniel Whetstone 110.00. To the said Samuel Whetstone 32.85. It was
generally understood in the neighborhood that the above named children to whom advancements were made
with exception of Samuel had received a large part of what they got on land. In the distribution of the personal Es
tate made by me, an equal division was made without reference to what any of them had received by way of advance
ment. I have lived and still live about one mile from the farm of which Peter Whetstone died seized during the last fif
teen years, and consider the said farm subject to the dower Estate of the said Mary Whetstone to be worth at the present time
twelve hundred and fifty dollars. The said Susanna Whetstone received an equal dividend with the other heirs of the personal
property of the Estate of Peter Whetstone decd, which was between fourteen and fifteen dollars. This was about three years ago
she has not other property to my knowledge. The said Susanna had two illegitimate children, they both died two or
three months ago. I am of the opinion from my knowledge of the situation of the property that if the interest of the said Sus
anna be sold without partition there will necessarily be a great sacrifice. At the time of the appraisment of the
personal property above referenced to all of the Children of the said Peter Whetstone decd whose names appear on exhibit
marked B were men and women over twenty one years of age in the year 1830, ??? lands in the neighborhood
of the farm of which Peter Whetstone decd seized (are worth their Entrance which was one dollar and twenty
five cents per acre. John G. Strough

John Charlton of Crawford County in the State of Ohio being produced sworn and examined on behalf of the Plaintiff deposes and
says I have lived for the last 13 years on land adjoining the farm of which Peter Whetstone decd mentioned in the petition filed

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in the case decd ???. I was well acquainted with him and his whole family. The above statement contained in the deposi
tion of John G. Strough in reference to the family connections of the said Peter Whetstone decd is correct. Sometime about
the year 1832 I had a conversation with the said Peter Whetstone deceased in reference to his lands, which he said
he had entered for his children as their portion of his property. I enquired of him whether he had written receipts from
those children to whom he had given land he said he had not. I then told him if he did not take receipts, that
when he died, they would come in with the children to whom he had given nothing for the equal share of the Home farm.
He replied that he would make out papers to present that. I know that Jacob Bash and Mary his wife, Adam
Musser & Catharine his wife, Jacob Whetstone, Peter Whetstone and Daniel Whetstone respectively took poss
ession of the lands mentioned in the petition filed in this cause. These are the same lands about which the said
Peter Whetstone & myself were conversing. These lands were then unimproved and were worth one hundred dollars
each. There was a plenty of land in the neighborhood for entry at that time at that price. I was present at the apprais
ment of the personal property of the Estate of Peter Whetstone decd, and saw Mr. Strough produce the paper

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attached to these depositions & Marked B and heard him read it to the children of Peter Whetstone, all of whom were present.
They each admitted that they had received advancement as stated in that paper. The conveyances for these lands were not
executed until the grantees were over twenty one years of age. I see the farm of which Peter Whetstone died seized pretty much every
day and consider it now worth twelve hundred and fifty dollars subject to the dower Estate of the said Mary Whetstone. In the
conversation above refereed to Peter Whetstone decd informed me that he had allowed his children, for whom he had purchased lands
to make the selections to suit themselves and that he then went and entered the land he selected. John Charlton
I Jabez B. Sarwill Master Commissioner in Chancery do hereby certify that the above named John G. Strough and John Charlton
were by me sworn to testify the truth the whole truth and nothing but the truth and that the foregoing depositions by them res
pectively subscribed were reduced to writing by M. I. Jones and were taken at the time and place mentioned above
Bucyrus Oct 21st 1841 Jabez B. Sarwill, Master Commissioner

                                                                           Exhibit "A"

[A diagram (Family Descendant chart) showing the children of Peter Whetstone including the children of the deceased daughters Catharine and Mary)

Names Listed:
Row 1: Peter Whetstone and Mary Whetstone

Row 2: Daniel Whetstone, John Whetstone, Samuel Whetstone, Peter Whetstone, Jacob Whetstone, Elizabeth Mentzer, Catharine Musser, Susanna Whetstone, Mary Bash (Connected to Peter Whetstone and Mary Whetstone) [Note: Mary was NOT the mother of these children, she was Peter's second wife]

Row 3: Eleanor Musser, Jacob Musser, Peter Musser, Mary Musser (Connected to Catharine [Whetstone] Musser)

Row 4: Samuel Bash, Susanna Bash, Jacob Bash, Barbara Bash, Peter Bash, Mary Bash, John Bash, Catharine Reed (connected to Mary [Whetstone] Bash, daughter of Peter Whetstone)

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                                                                       Exhibit "B"


March the 29th 1833 Mary Whetstone Dr. to Peter Whetstone to one hundred and thirty dollars it being so much of his
Estate. March the 29th 1833 Catharine Whetstone Dr to Peter Whetstone to one hundred and thirty three dollars it be
ing so much of her Estate. March the 29th 1833, Jacob Whetstone Dr to Peter Whetstone to one hundred and thirty
dollars in being so much of his estate. March the 29th 1833 Peter?? Whetstone Junior Dr. to Peter Whetstone
to one hundred and forty dollars in being so much of his Estate. March the 29th 1833 Daniel Whetstone Dr to Peter
Whetstone to one hundred and ten dollars in being so much of his Estate. March the 29th 1833 Samuel Whetstone Dr
to Peter Whetstone to thirty two dollars and 85 cents in being so much of his Estate }}
And afterwards to wit on the 20th day of October A.D. 1841 Jabez B. Sarwill Master Commissioner filed his report which
is in the words and figures following to wit: John Slifer Guardian of Susan Whetstone an idiot vs Mary Whetstone & others In
Com Pleas of Crawford County Ohio. In Partition Report of Jabez B. Sarwill Master Commissioner in Chancery to whom this
cause was refered at the June Term 1841. From the proofs and exhibits adduced in this cause it appears that on the 30th
Oct 1838 and inquisition was had before Samuel Knisely one of the Associate judges of this Court. By virtue of which the
said Susanna Whetstone was duly proven to be an Idiot. That at the April Term of this Court 1839 the said John Slifer
was duly appointed guardian of the said Susanna and that he was duly qualified & entered upon the duties of said trust
That the said Susanna has no property or rights on action other that her interest as heir in the lands of which the said
Peter Whetstone her father died seized. that on the fourth of June 1836 the said Peter Whetstone departed this life
intestate seized in fee of the tract of land as stated in the petition in this cause filed and that he left the said Mary
Whetstone his widow & the other defendants with the said Susanna as his heirs at law. That said Peter Whetstone
decd during this life time to wit on the 20th Oct 1830 made sundry conveyances of real Estate to his children by way
of advancements as follows. A half quarter section of land in said County to his daughter Mary Bash by way of advan
cement to the said Mary, worth at the time one hundred dollars. A half quarter section of land in said County
to Adam Musser by way of advancement to his daughter Catharine Musser decd worth at the time one hundred dollars

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A half quarter section of land in said County to the said Peter Whetstone son, by way of advancement to the said
Peter worth at the time One hundred dollars. A half quarter section of land in said County to the said Jacob Whet
stone by way of advancement to the said Jacob worth at the time One hundred dollars. A half quarter section
of land in said County to the said Daniel Whetstone by way of advancement to the said Daniel, worth at
the time one hundred dollars. It also appears from said proofs and exhibits that up to the 29th March 18
33, the said Peter Whetstone decd, had made sundry other advancements to his children in chattel, property, to wit
to the said Mary Bash thirty dollars, to the said Catharine Musser Thirty three dollars, to the said Jacob Whet
stone thirty dollars, to the said Peter Whetstone (son) forty dollars to the said Daniel Whetstone ten dollars, & to
the said Samuel Whetstone thirty two dollars and eighty five cents. It further appears that the personal property
of the said Peter Whetstone Decd has been fully administered upon and that in the distribution of the proceeds thereof each
of the heirs of the said Peter Whetstone Decd, received an equal proportion thereof without reference to the advance
ment of personal property that had previously been made to sundry of them. The amount for which in the opinion
of the undersigned, the heirs of the said Peter Whetstone should be charged with advancements as following to wit
Mary Bash Decd, Oct 20, 1830 for lands conveyed to her and her heirs $100.00. Catharine Musser 1830 Oct 20
for lands conveyed to Adam Musser her husband $100.00. Jacob Whetstone 1830 Oct 20 for lands conveyed to
him $100.00. Peter Whetstone 1830 Oct 20 for lands conveyed to him $100.00. Daniel Whetstone 1830 Oct
20 for lands conveyed to him $10.00. Amount of advancements $500.00. It further appears from said proofs
and exhibits that the said Mary Bash and the said Catharine Musser children and heirs at law of the said Peter
Whetstone Decd, have departed this life, leaving the children as representative in the said petition. It further appears from
the same proofs and exhibits that on the 31st of March 1836 the said Samuel Whetstone and Elizabeth his wife by
deed of conveyance of that date conveyed to the said Jacob Whetstone the interest descended to the said Samuel in the
lands of which the said Peter Whetstone died seized. And that on the 31st January 1837 the said Daniel Whetstone
and Esther his wife by deed of conveyance of that date conveyed to the said Jacob Whetstone the interest decend
ed to the said Daniel in the said lands. And that on the 4th day of February 1837 the said Peter Whetstone
(son) and Susanna his wife by deed of conveyance of that date conveyed to the said Jacob Whetstone the interest de
scended to the sd Peter on the said lands. And that on the 28th day of February 1837 Samuel Mentzer and Eliza
beth Mentzer his wife by deed of conveyance of that date conveyed to the said Jacob Whetstone the interest de
scended to the said Elizabeth in the said lands. And that on the 28th day of February 1837 the said George Reed and
Catharine his wife by deed of conveyance of that date conveyed to the said Jacob Whetstone the interest descended
to the said Catharine by way of her deceased mother Mary Bash daughter of said Peter Whetstone decd. And
that on the 24th February 1838 the said Mary Whetstone by deed of conveyance of that date conveyed to the said
Jacob Whetstone her right of dower in the said lands. It further appears that the present value of the real estate

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of which the said Peter Whetstone died Seized as twelve hundred and fifty dollars. From all of which it appears
that the relative proportions of the interests of the said defendants in the said real Estate are as follows. That is to
say 1st Jacob Whetstone his son share after deducting the advancements made to him $94.44. Catharine Reeds
share after deducting the advancements made to her mother 11.80 Samuel Whetstone
                                        "                                                              194.44
Daniel Whetstone Shares after deducting the advancements made to him                      94.44
Peter Whetstone                            "                                                                            94.44
Eliza Mentzer Share                       "                                                                          194.44             $684.00
2. Susanna Whetstone Share                                $194.45
3. John Whetstone                         "                       194.45
4. John Bash                                                            11.81
5. Mary Bash                                                           11.81
6. Peter Bash                                                           11.81
7. Barbara Bash                                                       11.81
                                                                        --------------
                    Amt carried over                                $436.14

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Amt of the shares of those to whom advancements had been made                                             $684.00
Amount Brot over                                                             $436.14
8. Jacob Bash                                                                       11.81
9. Susanna Bash                                                                   11.81
10. Samuel Bash                                                                  11.81
11. Mary Musser                                                                 23.61
12. Peter Musser                                                                 23.61
13. Jacob Musser                                                                23.61
14. Elenor Musser                                                               23.61                  566.00
                         Total Value of Real Estate                                                  $1250.00
The fractional shares of each are as follows
1. Jacob Whetstone beside the dower of Mary Whetstone          684.00/ 1250.00
2. Susanna Whetstone Share subject to dower                            194.45/ 1250.00
3. John Whetstone " do                                                               194.45/ 1250.00
4. John Bash " do                                                                         11.81/ 1250.00
5. Mary Bash " do                                                                        11.81/ 1250.00
6. Peter Bash " do                                                                        11.81/ 1250.00
7. Barbara Bash " do                                                                    11.81/ 1250.00
8. Jacob Bash " do                                                                       11.81/ 1250.00
9. Susanna Bash " do                                                                    11.81/ 1250.00
10. Samuel Bash " do                                                                    11.80/ 1250.00
11. Mary Musser " do                                                                   23.61/ 1250.00
12. Peter Musser " do                                                                   23.61/ 1250.00
13. Jacob Musser " do                                                                  23.61/ 1250.00
145. Eleanor Musser " do                                                             23.61/ 1250.00

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All of which is respectfully submitted

October 25th 1841 J. B. Sarwill Master Commissioner ---

And afterwards to wit at the October term of our said Court A.D. 1841 on motion to the Court by Mr Adams Counsel
for the petitioner it is ordered that William Fisher be appointed guardian ad litem for the said infant defendants, John
Whetstone, Peter Bash, Barbara Bash, Jacob Bash, Susanna Bash, Samuel Bash, Mary Musser, Peter Musser,
Jacob Musser and Eleanor Musser and there upon the said William Fisher appeared in open Court accepting
said appointment and filed his answer as such Guardian ad litem.
And afterwards to wit at the term of said Court last aforesaid, the cause came on to be heard on the petition the
answer of William Fisher Guardian ad litem of said infant defendants the answer of Peter Whetstone, the Master
Commissioners report and the proof and exhibits adduced in the cause by the plaintiff. The Court having examined
said Bill answers report and the proofs and exhibits and being fully advised in the premises do find that the acts all
eged in said petition are true as there stated that the dower of the said Mary Whetstone in the said premises
has been conveyed to the said Jacob Whetstone and that the respective shares of the defendants in said pr
emises subject to said Dower are as follows to wit:

1st Jacob Whetstone subject to the dower Estate aforesaid                           684.00/ 1250.00 parts
2nd Susanna Whetstone Share subject to said Dower Estate                        194.45/ 1250.00 "
3rd John Whetstone                        "                                                           194.45/ 1250.00 "
4 John Bash                                    "                                                             11.81/ 1250.00 "
5 Mary Bash                                  "                                                              11.81/ 1250.00 "
6 Peter Bash                                  "                                                              11.81/ 1250.00 "
7. Barbara Bash                            "                                                               11.81/ 1250.00 "

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8 Jacob Bash Share Subject to Sd Dower Estate                     11.81/ 1250.00 Parts
9. Susanna Bash                     "                                                11.81/ 1250.00 "
10. Samuel Bash                    "                                                 11.80/ 1250.00 "
11. Mary Musser                   "                                                 23.61/ 1250.00 "
12. Peter Musser                   "                                                 23.61/ 1250.00 "
13. Jacob Jusser                    "                                                 23.61/ 1250.00 "
14 Elenor Musser                  "                                                 23.61/ 125000 "

Therefore it is ordered that by the oaths of William Fitz Simmons, George Lauck and Samuel Myers on full and eq
ual third part of the lands in said petition described be assigned and set off to the said Jacob Whetstone as the
dower Estate of said Mary Whetstone and that by the like oaths of the said William Fitz Simmons George
Lauck and Samuel Meyers partition be made of said lands subject to said dower Estate on the following pro
portions to wit. One sixty-eight thousands and four hundred one hundred and twenty five thousandths parts, and
to the said Susanna Whetstone nineteen thousand four hundred and forty five one hundred and twenty five thou
sandths parts and to the said John Whetstone nineteen thousand four hundred and forty five one hundred and
twenty five thousandths parts. and to the said John Bash eleven hundred and eighty one one hundred and tw
enty five thousandths parts. and to the said Mary Bash eleven hundred and eighty one one hundred
twenty five thousandths parts. And to the said Peter Bash eleven hundred and eighty one one hundred and twenty
five thousandths parts and to the said Barbara Bash eleven hundred and eighty one one hundred and twenty five
thousandths parts. and to the said Jacob Bash eleven hundred and eighty one one hundred and twenty five
thousandths parts. and to the said Susannna Bash eleven hundred and eight one one hundred and twenty five
thousandths parts. And the to the said Samuel Bash eleven hundred and eighty one hundred and twenty five
thousandths parts. and to the said Mary Musser twenty three hundred and sixty on one hundred and
twenty five thousandths parts. And to the said Peter Musser twenty three hundred and sixty one hone hundred
and twenty five thousandths parts. And to the said Jacob Musser twenty three hundred and sixty and one
hundred and twenty five thousandths parts. and to the said Elenor Musser twenty three hundred and sixty one
one hundred and twenty five thousandths parts. And it is further ordered that a writ of Partition issued to the
Sheriff of Crawford County Commanding him to cause said dower to be assigned and said partition to be
made accordingly

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And there upon on the first day of December A.D. 1841 a writ of Partition issued from the Clerk office of
our said Court aforesaid, which reads in the following words and figures to wit: The State of Ohio Crawford
County SS To the Sheriff of said County Greeting. Whereas at a Court of Common Pleas of said County October
Term thereof to wit on the 29th day of October A.D. 1841 the following order was made by said Court to Wit

John Slifer Guardian of Susanna Whetstone an idiot vs Mary Whetstone and other

Petition for Partition

This cause came on to be heard on the petition the answer of William Fisher
Guardian ad litem of said infant defendants, the answer of Peter Whetstone
the Master Commissioner report and the proof and exhibits adduced in the
cause by the plaintiff. The Court having examined said Bill answers report proofs and exhibits and being fully advised
in the premises do find that the facts alleged in said petition are true as there stated. That the dower of the said
Mary Whetstone in the said premises has been conveyed to the said Jacob Whetstone and that the respective
shares of the defendants in said premises subject to said dower are as follows to wit.

1st Jacob Whetstone subject to the dower Estate aforesaid               684.00/ 1250.00 parts
2nd Susanna Whetstone Share subject to said Dower Estate             194.45/ 1250.00 "
3rd John Whetstone                            "                                            194.45/ 1250.00 "
4th John Bash                                     "                                              11.81/ 1250.00 "
5th Mary Bash                                   "                                               11.81/ 1250.00 "
6th Peter Bash                                   "                                               11.81/ 1250.00 "

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7th Barbara Bash Share Subject to Sd Dower Estate             11.81/ 1250.00 Parts
8th Jacob Bash                         "                                           11.81/ 1250.00 "
9th Susanna Bash                     "                                            11.81/ 1250.00 "
10th Samuel Bash                    "                                            11.80/ 1250.00 "
11th Mary Musser                   "                                            23.61/ 1250.00 "
12th Peter Musser                   "                                            23.61/ 1250.00 "
13. Jacob Jusser                     "                                            23.61/ 1250.00 "
14 Elenor Musser                   "                                            23.61/ 125000 "

Therefore it is ordered that by the oaths of William Fitz Simmons, George Lauck, and Samuel Myers one full
equal third part of the land in said petition described be assigned and set off to the said Jacob Whetstone
the dower of said Mary Whetstone and that by the like oaths of said William Fitz Simmons, Georg Lauck
and Samuel Myers partition be made of said land subject to the Dower Estate in the following Proportions
to wit. One sixty eight thousandth and four hindered one hundred and twenty five thousandth parts. And to
the said Susanna Whetstone nineteen thousand four hundred and forty five one hundred and twenty
five thousandth parts. And to the said John Whetstone nineteen thousand four hundred and forty five
one hundred and twenty five thousandth parts. And to the said John Bash eleven hundred and eighty
one one hundred and twenty five thousandths parts. And to the said Mary Bash eleven hundred and
eighty one one hundred and twenty five thousandths parts. And to the said Peter Bash eleven hundred
and eighty one one hundred and twenty five thousandths parts. And to the said Jacob Ba
sh Eleven hundred and eighty one One hundred and twenty five thousandths parts. And to the said
Susanna Bash eleven hundred and eighty one one hundred and twenty five thousandths parts. And
to the said Samuel Bash Eleven hundred and eighty one on hundred and twenty five thousandths
parts. And to the said Mary Musser twenty three hundred and sixty one, one hundred and twenty five thou
sandths parts, and to the said Peter Musser twenty three hundred and sixty one one hundred and
twenty five thousandths part. And to the said Jacob Musser twenty three hundred and sixty one
one hundred and twenty five thousandths parts. And to the said Eleanor Musser twenty three
hundred and sixty one one hundred and twenty five thousandths parts. And it is further ordered
that a writ of partition issued to the Sheriff of Crawford County commanding him to cause said dow
er to be assigned and said partition to be made accordingly.

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The land mentioned in said petition is described as follows to wit: the east half of the north west quarter of section
twenty two in township two (2) south of range seventeen (17) situate in said County and containing eighty acres
be the same more or less. And also a part of the north east quarter of said section twenty two (22) containing
three acres it being forty rods from north to south and twelve rods from east to west & situate in the north-east
corner of said north East Quarter. You are therefore hereby commanded to proceed according to law to have said dow
er assigned and partition made as in the foregoing order mentioned and your proceedings in the premises
you distinctly certify under you hand to the next term of said Court. Witness Jabez B. Sarwill
Clerk of said Court and the seal of said Court this first day of December A.D. 1841 J. B. Sarwill, Clart
By John I Elden, Deputy Clerk

and afterwards to wit (Marked Out)

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And afterwards to wit on the 7th day of April A.D. 1842 the Commissioners report was filed in the office of the
Clerk of our said Court which is as follows to wit:

(A plat of the land)

Section 212 township 2 South of Range 17
Lot No.1/ Dower, 23 acres
Lot No 2/ 60.11 Acres

Plat of lands belonging to the Estate of Peter Whetstone deceased showing the disposition made thereof by William Fitz
Simmons, Samuel Myers and George Lauck Commissioners by notice of a writ of Petition issued 1st Dec 1841 by the
Clerk of the Court of Common Pleas of Crawford County Ohio.

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Field notes of the survey made by William Fitz Simmons. Surveyor of Crawford County Ohio, on the 22nd day
of March 1842 of the lands belonging to the Estate of Peter Whetstone decd.
Divided into Lots 1 & 2 as exhibited by the above plat, the north east corner of each lot is the starting point.

Lot No. 1                                                                                                   Lot No. 2
S. 87 deg W i1.92 Poles                                                                            S 87 deg W 80.08 Poles
S 3 deg E 40.00 poles                                                                                S 3 deg E 119.88 poles
N 87 deg E 92.08 poles                                                                             N 87 deg E 8.32 poles
N 3 deg W 40.00 poles                                                                             N 3 deg W 120.00 poles

Containing 23 acres                                                                                   Containing 60.11 acres
Assigned to Jacob Whetstone in the dower estate
of Mary Whetstone                                                                                   Not divisible but the whole including lot No 1 app??/ subject to dower at one thousand dollars

I hereby certify the above field notes & plat to be correct & true as surveyed by me as above stated the 22nd March 1842
                                                                      Wm Fitz Simmons Surveyor CCO

John Slifer Guardian of
Susanna Whetstone, an idiot
vs
Mary Whetstone & Others

Partition in Com Pleas Crawford County, Ohio

We the commissioners appointed in this cause to assign to Jacob Whetstone the dower Es
tate of Mary Whetstone widow of Peter Whetstone late of said County decd. in the real es
tate described in the petition filed and the writ of partition issued in this cause and
also make partition of the same lands subject to said dower estate between the per
sons for that purpose named in the said writ of partition. Having been duly S?? upon actual view of the

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premises do assign to the said Jacob Whetstone as the dower Estate of the said Mary Whetstone so much of said land
as is contained in lot one (1) in the foregoing plat and field notes which are here made a part of this report. Said dower
estate is bounded as follows to wit: commencing at the north east corner thereof which is a point on the north line of sec
tion twenty two in township two south of range 17, twelve rods east of the north quarter post of said section and running
thence south 87 deg west 91.92 poles to a post, thence south 3 deg east 40 poles to a post, thence south 87 deg east 92.08 poles
to a post, thence north 3 deg west 40 poles to the place of beginning. Containing twenty three acres less or more. And upon fur
ther view of the premises we are of the opinion that said lands cannot be divided without manifest injury to the same and there
upon we do estimate the value thereof subject to said dower Estate at one thousand dollars. The balance of said lands other
than the part in which the said dower Estate is assigned is bounded as follows, commencing at the north east corner there
of which is a post on the east boundary line of the west half of said section 40 poles south of the quarter post of
said section & running thence south 87 deg west 80.08 poles to a post, thence south 3 deg & 119.88 poles to a post, thence north 87 deg
east 80.32 poles to a post thence north 3 deg north 3 deg west 120 poles to the place of beginning containing 60.11 acres less or more

Given under our hands this 22nd day of March A.D. 1842

                                                                        William Fitz Simmons}
                                                                        Samuel Myers} Commissioners
                                                                        George Lauck}

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And afterwards to wit at the April Term of our said Court A.D. 1842 On motion to the Court by Mr. Adams Counsel for the
petitioner and upon producing the proceedings of the Sheriff and the report and proceedings of the Commissioners hereto
fore appointed and the same being examined it is ordered that said proceedings and report be and the same are hereby
approved and confirmed and thereupon neither of the parties electing to take said Estate at the reduction there
as returned by said Commissioners on motion of the petitioner it is ordered that said Estate subject to the dower Es
tate therein of Mary Whetstone heretofore assigned to Jacob Whetstone be sold at public auction by the sheriff
of said county of Crawford according to the statue in such case made and provided. And this cause is continued
And thereupon on the 20th day of May A.D. 1842 an order of sale issued from the Clerks Office of said Court which re
ads in the words and figures following to wit: The State of Ohio, Crawford County SS. To the Sheriff of said County greeting.
Whereas at the April Term of the Court of common Pleas of said County to wit on the 12th day of April A.D. 1842 the fol
lowing order was made by said Court to wit.

John Slifer Guardian of Susana Whetstone vs. Mary Whetstone & Others
Petition for Partition

On motion to the Court by Mr. Adams Council for the pe
titioner and upon producing the proceedings of the Sheriff and the report and proceedings
of the Commissioners hereinbefore appointed and the same being examined it is ordered that
said proceedings and report be and the same are hereby approved and confirmed and there
upon neither of the parties electing to take said Estate at the valuation thereof as returned by said Commissioners on motion
of the petitioner. It is ordered that said Estate subject to the Dower Estate therein of Mary Whetstone heretofore assign
ed to Jacob Whetstone be sold at public auction by the Sheriff of said County of Crawford according to the statute in
such case made and provided, and this cause is continued. As Appears to us of Record you are therefore hereby
commanded that you proceed according to law to sell the following real Estate subject to the dower Estate aforesaid
to wit: The east half of the north west quarter of section twenty two in township two (2) south of range seventeen (17)
situate in said County and containing eighty acres be the same less or more, and also a part of the north east quarter
of said section twenty two (22) containing three acres in being forty rods from north to south and twelve rods from east to
west and situate in the north west corner of said north east quarter. And have the money arising from such
sale before our said Court on the first day of their next term. And have you then there this writ together with
your proceedings in the premises. Witness Jabez B. Sarwill Clerk of said Court at the Court House in Bucyrus
in said County this 20th day of May A. D. 1842                         J. B. Sarwill, Clerk

And afterwards to wit, at the July term of our said Court A.D. 1842, the sheriff to whom the foregoing writ was directed and
delivered made the following return thereof to wit "In obedience to the command of this writ on the fourth day of July A.D. 1842
between the hours of 10 oclock am & 4 oclock P.M. of said day at the door of the Court House in Bucyrus in Crawford

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PDF Page 26: Record Page 172 July Term A.D. 1842

County Ohio I offered the above described premises for sale by public proclamation & out cry & then and there sold
the same to Jacob Whetstone for the sum of six hundred & sixty seven dollars that sum being more than two thirds the app
raised value of said premises and the said Jacob Whetstone being the highest & best bidder therefore having previously giv
en notice of said time and place of sale by publishing an advertisement a copy of which hereto attached and ma
de a part of this return for more than thirty days & four weeks successively in the Democratic Republican Weekly
-newspaper printed Published and in general circulation in the said County of Crawford . James S. ???, Shff CCO.
Sheriffs Fees: Copy to printer .25 Bondage 13.34. The state of Ohio Crawford County SS Thomas I. Orr ?? of lawful age
makes oath & says that a notice a copy of which is hereto attached was published more that 30 days and four weeks succe
ssively previous to the 4 July 1842 in the Democratic Republican a weekly newspaper printed published and
in general circulation in the said County of Crawford (Printers fee $2.00) Thomas I. Orr
Subscribed and sworn to before me this
7th July 1842     I. E Steen J. P. Fees 12 1/2

PDF Page 27:

                                                                               Sheriffs Sale

By virtue of an order of sale to me directed from the Court of Common Pleas of Crawford County, Ohio, I shall on the 4th day
of July A.D. 1842 between the hours of 10 oclock A.M. and 4 oclock P.M. of said day at the door of the Court House in
Said County offer for sale by public proclamation and out cry the following real Estate to wit: The east half of the north
west quarter of section twenty two (22) in township two (2) south of range seventeen (17) situate in said County and
containing eighty acres less or more, and also a part of the north east quarter of said section twenty two (22) containing
three acres it being forty rods from north to south and twelve rods from east to west and situate on the north west
corner of said north east quarter. Subject to the Dower Estate therein of Mary Whetstone heretofore assigned
to Jacob Whetstone. Said real estate will be sold as belonging to the estate of Peter Whetstone late of said County,
deceased.                        May 30 1841                              James S. Harper   Sheriff of said County

And now to wit, at a Court of Common Pleas begin and held at the Court House in the town of Bucyrus
within and for our said County of Crawford, by and before the Honorable Ozias Bowen President Judge and the Hon
arable Hugh Welch, Samuel Knisely and Andrew Tailor Associate Judges of the same Court on Monday the Elev
enth day of July in the year of our Lord one thousand Eight hundred and forty two. On motion to the Court by
Mr. Adams Counsel for the petitioner, and upon producing the proceedings of the Sheriff and the sale by him made in
pursuance of a former order of this Court and the same being examined it is ordered that said proceedings be and the
same and hereby approved and confirmed and thereupon it appearing that the consideration money of said Estate has
been paid by said purchaser into the hands of the Sheriff it is ordered that the Sheriff execute to and deliver to the sa
id purchaser a deed in fee simple for said Estate. And it is further ordered that out of the same consideration mon
ey the said Sheriff pay the costs and expenses of this suit amounting to seventy eight dollars and seventy cents as
part of which is the sum of twenty five dollars allowed to Franklin Adams for his professional services rendered
in this suit and that he distribute the residue thereof between the said parties in the following proportions to wit

To Jacob Whetstone                                       $320.91
" The guardian of Suasnna Whetstone                  91.57
" John Whetstone                                                91.57
"John Bash                                                           5.56
" Mary Bash                                                         5.56
" Peter Bash                                                         5.56
" Barbara Bash                                                     5.56
" Jacob Bash                                                        5.56
" Susanna Bash                                                    5.56
" Samuel Bash                                                     5.56
" Mary Musser                                                  11.12
" Peter Musser                                                  11.11
" Jacob Musser                                                 11.11
" Eleanor Musser                                               11.11         $588.30

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Document Images:  Doc4923.pdf
Transcription:  Doc4923-Transcription.pdf

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PDF Page 28: Record Page 173

At the Court of Common Pleas, begun and held at the Court House in the town of Bucyrus, within and
for the County of Crawford in the sate of Ohio. On Monday the ninth day of November in the year
of our Lord, one thousand eight hundred and forty. Present, the Honorable Ozias Bowen, President
and Hugh Welch, Samuel Knisely and Andrew Tailor Esquires, Associate Judges and James S.
Harper Sheriff, and Z, Rowse, Clerk of Said Court

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Document Images:  Doc4923.pdf
Transcription:  Doc4923-Transcription.pdf

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