LaPorte Daily Herald
Saturday 16 MAY 1891 Page 5 Column 4:
Amos Reynolds died yesterday noon at Westville of general debility after a long illness. He was an old resident of the county, being 70 years of age. Funeral tomorrow at 10 a.m.
State of Indiana, In the LaPorte Circuit Court.
ss.
County of LaPorte. November Term, 1891
Lucy M. Reynolds, Administratrix of the
Estate of Amos B. Reynolds, deceased.
vs. Petition for sale of real estate to pay
William H. Reynolds, Matilda J. Brewer, debts, and for partition with the widow.
Margaret A. Osborn, Daniel Osborn, Jane Reynolds, and Joseph Brewer.
To the Hon. Daniel Noyes Judge of said Court
The said Lucy M. Reynolds Administratrix of the estate of the said decedent would respectfully represent that the said Amos B. Reynolds, departed this life at the said County of LaPorte in the State of Indiana intestate, on the 15th day of May 1891, leaving surviving the said Lucy M. Reynolds, his widow, and the said William H. Reynolds, Matilda Jane Reynolds, and Margaret A. Osborn his only children and heirs at law. That the said Jane Reynolds is the said wife of the said William H. Reynolds, the said Daniel Osborn is the husband of the said Magaret A. Osborn, and the said Joseph Brewer is the husband of the said Matilda J. Brewer.
That at the time of the death of said decedent he was the owner in fee simple of the following described real estate towit; Lot Three in Catrons addition to the town of Westville, LaPorte County Indiana, and the South three-fourths of the east half of the north east quarter, except two acres in the north east corner thereof, of Section twenty-one, township thirty-six, north range, five west in Porter County Indiana, which said real estate is of the value of about thirty-five hundred dollars.
That the personal property of said decedent, amounted to $467.95 as appraise from the inventory on file, $34.45 of which she took on account of the five hundred dollars, due her as widow of said decedent, and the remainder of the personalty was sold as shown by the sale bill herein and the cash proceeds she took on account of her said claim for $500. and the remainder she has in sale notes not yet due.
That claims have been filed and allowed against said estate to the amount of $306.12. That other claims have been filed and are are pending to the amount of $160.66, and other claims have been presented to her to the amount of $100.- and that she makes claim for the full amount of $500.-as widow of decedent, all of which claims she believes to be valid, and that the personal estate will lack at least seven hundred dollars of being sufficient to pay the claims and expenses of administration, and that it will be necessary to sell real estate to make assets for the payment thereof.
That said Lucy M. Reynolds, is the second wife of said decedent, without children by him, and as such is the owner of the undivided one third of said real estate for and during her life, in addition to her claim of $500.-as above stated. That the said real estate is not susceptible of division so as to set off to her, her one third thereof without material injury to and depreciation in value of the remainder, nor can a portion thereof be sold sufficient to pay said debts and expenses, of said estate and the claims of the widow, separate from the remainder-without to and depreciating the value of the remainder, and injury to the interests of the parties, but that the whole of said lands should be sold, and the debts and expenses paid therefrom according to the rights of the parties, and the proceeds divided among the persons entitled thereto according to their respective interests.
That there are no claims or liens on said real estate other than here before stated, for which she has caused examination to be made, and that the said Lucy M. Reynolds is now sixty years of age, and the value of her said interest in and to said real estate, after the payment there from of any balance due on her five hundred dollars first claimed, is seven-six hundred dollars, and that the said lands should be partitioned and sold and her interest set off and paid to her.
Wherefore she prays a decree fixing her interest and the value of her interest in said lands, and the interest of said defendants and that the said lands as decreed to be subject to partition and sale and that she be authorized to make sale of the whole of said real estate, and from the proceeds to pay the expenses of administration, & after that she be allowed to take first from the proceeds of said sale a sufficient amount thereof to make up the full sum of five hundred dollars allowed her by law. That she next be allowed to take for her own use such sum as will equal the value of her life estate as may be decreed by this Court and that from the remainder she pay all the other debts and claims against said estate and that the residue thereof may be divided equally between the said defendants who are the heirs of said decedent and that such sale be at private sale and upon such terms as to notice and times of payment as the Court may direct, and for all other and proper orders herein.
Mrs. Lucy M. Reynolds
Subscribed and sworn to before me this 18 day of November, 1891.
George L. Thompson Notary Public