Richard Conway’s Family
Submitted by: Herma Deal and Shirley Reed
Complete Record May Term A. D. 1873
These documents were submitted by: Mrs. Frank (Shirley A.) Reed
These estate documents are proof that Mary Conway is the oldest daughter of Richard Conway.
The State of Ohio, Lawrence County
Benjamin F. Cory, Administrator
vs.
George Conaway et al
Court of Common Pleas: before the Honorable J.J. Harper, one of the Judges of the Court of Commons Pleas of the Second Subdivision of the 7th Judicial District of the State of Ohio, at a term begun and held at the Courthouse in the City of Ironton on the 6th day of May A. D. 1873.
Be it remembered that on this day, August 22nd, 1872, a Petition was filed in this case which reads as follows: To wit, State of Ohio, Lawrence County, Court of Common Pleas. Your Petitioner, Benjamin F. Cory, Administrator of the Estate of Richard Conway, deceased, respectfully represents that the debts of said decedent already presented for allowance, amount to the sum of one hundred and thirty dollars with interest from August 27th A. D. 1860 as will appear by the schedule thereof, hereunto annexed, that the costs of the administration will amount to about sixty dollars and that the total value of the personal estate and effects of the said decedent is sixty-one dollars, and with interest on the note, wholly insufficient to pay the debts and costs aforesaid, your petitioner further requests that said Richard Conway, died seized in fee simple of the following described real estate situated in Lawrence County, Ohio to wit: The northeast quarter of the southwest quarter of Section Eighteen (18) of Township three (3) Range Seventeen (17) containing 43 acres.
The said Richard Conway died leaving the following named persons his heirs at law, and having the next estate of inheritance in said premises, George Conway, Benjamin Conway, Eliza Conway intermarried with William Ratcliff, Polly Conway intermarried with David Campbell, Ann Conway intermarried with Thomas Bobbit, now deceased, Jane Conway intermarried with Samuel Shuff, Parthena Conway, widow of Lewis Conway, William Conway, Frank Conway, Lafayette Conway, and Perry Conway, children of Lewis Conway, deceased that said children and widow of Lewis Conway, deceased, reside in the State of Kentucky at a place unknown, that on the 19th day of January A. D. 1869 said described real estate was sold for delinquent taxes of the years A. D. 1867 and A. D. 1868 and bought at said sale by George w. Sanford.
The taxes and penalty, shown on the Auditor’s records from the time of sale up to the year 1872, amount to twenty-four dollars and forty-two cents; that your petitioners have at different times requested the said heirs of Richard Conway, deceased, to pay the said debts of said decedent, and that he relied upon promises made by said heirs, to pay said debts.
Still, they have failed to pay them or any part of the same. Your petitioner, therefore, prays that the heirs of law may be made defendants to this petition, that your Petition may be ordered to sell said premises subject to said lien of G.W. Sanford, according to the statute in such case made and provided, and that a guardian ad litem be appointed for the said Frank Conway, Perry Conway, Lafayette Conway, and William Conway, minor heirs of the said Lewis Conway. A.J. Cory, Attorney for the Plaintiff.
State of Ohio, Lawrence County, Benjamin F. Cory, being first duly affirmed according to law, believes the facts stated in the following petition to be true. Benjamin F. Cory Affirmed to and subscribed in my presence this 22nd day of August A. D. 1872. C. C. Bowen, Clerk Court Common Pleas, Lawrence County, Ohio.
Issue Summons in the above case, directed to George Conway, Benjamin Conway, Eliza Ratliff, William Ratliff, Polly Campbell, David Campbell, Ann Bobbitt, Jane Shuff, and Samuel Shuff, returnable according to law. Agro J. Cory, Attorney for Plaintiff
Schedule of the debts of Richard Conway, deceased, presented for allowance and accepted by Benjamin F. Cory, Administrator of the estate of said Conway deceased.
Interest from | | Name of | Nature of | Original | August 28 A. | | Creditor | Claim | Amount | D. 1860 | Amount Due | N. R. Morley | Book A f c | $855.00 | D. Pinnacle | Book A f c | $ 75.00 |
Benjamin F. Cory, Administrator of Richard Conway, deceased
On this day, August 22nd A. D., 1872, a summons was issued in this case which read in the following words to wit:
The State of Ohio, Lawrence County.
To the Sheriff of Lawrence County:
You are commanded to notify George Conway, Benjamin Conway, Eliza Ratcliff, William Ratliff, Polly Campbell, David Campbell, Ann Bobbitt, Jane Shuff, Samuel Shuff, Parthena Conway, Frank Conway, Perry Conway, Lafayette Conway, and William Conway that Benjamin F. Cory has sued them, Administrator of the Estate of Richard Conway, deceased. In the Court of Common Pleas of Lawrence County, Ohio, and that unless they answer by the 21st day of September A. D. 1872, the petition of the said Plaintiff against them filed in the Clerk’s Office of said Court, such petition will be taken as true, and judgment rendered accordingly. You will make due return of this Summons on the 2nd day of September A. D. 1872.
Witness my hand and the Seal of said Court at Iron, this 22nd day of August A. D. 1872.
C. C. Bowen, Clerk.
The State of Ohio, Lawrence County.
I am obedience to the command of this Summons, I, on the 30th day of August 1872, served the within named George Conway, Benjamin Conway, Eliza Ratliff, William Ratliff, Polly Campbell, David Campbell, Ann Bobbitt, Jane Shuff, Samuel Shuff, by leaving with each of them an attested copy of this writ and Parthena Conway, Frank Conway, Perry Conway, Lafayette Conway, and William Conway is not found within my County.
Will S. Merrill, Sheriff by C. Cox Deputy
On this day, August 22nd, 1872. An affidavit for an order to notify by publication was filed in this case, which read as follows, to wit:
Lawrence County,
Court of Common Pleas
The said Benjamin F. Cory, Plaintiff in the above case being first affirmed deposited and said that on the 22nd day of August A. D. 1872, he filed his petition against the said George Conway et al., heirs of Richard Conway deceased, defendant to praying that certain lands situated in said County, may be decreed to be sold to satisfy the debt of the said Richard Conway deceased and said plaintiff further says that Parthena Conway, Frank Conway, Perry Conway, Lafayette Conway, and William Conway, heirs of Richard Conway, deceased, by publication, and further he saith not.
Benjamin F. Cory
Affirmed to me, this 22nd day of August A. D. 1872
C.C. Bowen, Clerk Court of Common Pleas, Lawrence County, Ohio
And on October 18th, 1872. The answer of Guardian ad litem was filed, which reads as follows, to wit:
Now comes said John Hamilton heretofore appointed Guardian for this suit, Frank Conway, Perry Conway, Lafayette Conway, and William Conway, and says he knows nothing of the facts set out in the said petition. He further says he knows no reason why the prayer of said petition should not be granted.
John Hamilton
State of Ohio, Lawrence County.
John Hamilton, being sworn, says the facts and allegations of the previous answer are true, as be verily believers. John Hamilton, Sworn to before me, and subscribed in my presence this 18th day of October 1972.
C.C. Bowen, Clerk Court of Common Pleas, Lawrence County, Ohio
And on October 18th, 1872, this Journal Entry was made, which reads as follows: To wit:
On the motion of A.J. Cory, Plaintiff’s Attorney, it appears that Frank Conway, Perry Conway, Lafayette Conway, and William Conway are minors heirs of Richard Conway. It is ordered that John Hamilton be, and he is hereby appointed Guardian for the suite for the said minor heirs. Thereupon came John Hamilton, who accepted an appointment and filed his answer herein.
Thereupon this cause came on from leaving upon the petition of the plaintiff and answer thereto of John Hamilton as Guardian ad litem of said minor heirs of Richard Conway, deceased. It appears to the Court that the facts outlined in said Plaintiff’s Petition are true. It is therefore ordered that John Blankenship, Clerk Common Pleas Court, and William E. Rowe being first duly sworn, do, upon the actual view of the premises in the petition described, do a just valuation of the same in money and that said Petitioner thereupon proceed according to law, to see said real estate at not less than two-thirds of the appraised value, upon deferred payments not exceeding two years.
Ordered by the Court that Lewis Anderson and Benjamin F. Cory be, and they are hereby appointed by this Court, to act in conjunction with the prosecuting Attorney of Lawrence County, Ohio, to examine the annual report of the County Commissioners of said County, for the year 1871 and that they report their proceedings in the premises, to the next term of this Court.
And on November 22nd, 1872, notice was filed in this case which reads as follows, to wit:
The State of Ohio, Lawrence County
To John Blankenship, William E. Rowe, and Clark Corn, in pursuance of an order of the Court of Common Pleas of Lawrence County, Ohio, I hereby notify you that you were appointed and ordered to appraise upon your oaths the following described premises to wit. The northeast quarter of the southwest quarter of Section 18, Range 17, Township 3 containing 43 acres and a true return of the same make to the Clerk of said Court, and to post two notices of said Appraisement in Lawrence Township five (5) days before making said Appraisement.
Benjamin F. Cory, Administrator, per his attorney.
And at the same time (November 22nd A. D. 1872), the land appraisal was made in this case as follows, to wit:
In pursuance of the order of the Court of Common Pleas of Lawrence County, Ohio, we, the undersigned, upon our oaths and upon an actual view of the following described premises to wit:
The northeast quarter of the southwest quarter Section 18 of Township 3 Range 17 containing forty-three acres finds and appraises the value of the same in money to be three hundred and forty-four dollars ($344.00).
William E. Rowe
John Blankenship
Clark Corn
State of Ohio, Lawrence County
Personally appeared before me a Notary Public in and for said County and State, Clark Corn, who was sworn to appraise the above premises in cash value on the ground.
November 18th A. D. 1872 Azro J. Cory Notary Public. The foregoing Appraisement required two days and the Appraisers claim fees accordingly.
Clark Corn
On this day, January 18th, 1873. Notice of Sale of Real Estate was given, which reads as follows:
Administrator’s Sale of Real Estate
Between the hours of 2 and 4 P.M. on the 17th day of January A. D. 1873, I will offer for sale at the door of the Court House, in Ironton, according to an order of the Court of Common Pleas, for Lawrence County, Ohio, the following described real estate to wit:
The Northwest quarter of the southwest quarter of Section Eighteen (18) Township Three (3) Range Seventeen (17) contains 43 acres, valued at three hundred forty dollars ($340). Terms of Sale: One-third down, one-third in one year, and one-third in two years with interest on deferred payments.
B. F. Cory, Administrator of the Estate of Richard Conway,
Signed: A.J. Cory, Plaintiff’s Attorney
State of Ohio, Lawrence County
Personally, appeared before the undersigned authority, in and for said County and State, Albert Learoson, who made oath that the advertisement hereunto attached, was published six consecutive weeks in the Ironton Weekly Journal commencing December 11th, 1872 and ending January 15th, 1873. Albert Lawson
Sworn to before me, and in my presence subscribed this 18th day of January A. D. 1873.
C.C. Bowen, Clerk, Court Common Pleas
And on January 29th, 1983. Notice was filed in this case which reads as follows, to wit:
Parthena Conway, widow of Lewis Conway; Frank Conway, Perry Conway, Lafayette Conway, and William Conway, the heirs at law of Richard Conway, deceased, who reside in the State of Kentucky, will take notice that Benjamin F. Cory, Administrator of the Estate of Richard Conway deceased on the 22nd day of August 1872 filed his Petition in the Common Pleas Court, within and for the County of Lawrence and State of Ohio alleging that the personal estate of said decadent is insufficient to pay his debts and the charges of administering his estate; that he died seized in fee simple of the following described real estate, situated in said County to wit,
The Northeast quarter of the Southwest quarter of Section Eighteen (18) of Township Three (3) Range Seventeen (17) contains forty-three (43) acres. The prayer of said petition is for the sale of said premises and to pay the debts and charges aforesaid. Said petition will be for hearing on the 10th day of October 1872 or as soon thereafter as counsel can be heard.
Dated August 22 A. D. 1872 B.F. Cory, Administrator of Richard Conway, deceased.
A.J. Cory, Attorney for Plaintiff
The State of Ohio, Lawrence County
I, E.S. Wilson, being duly sworn, say that the attached notice was published in the Ironton Register, a newspaper of general circulation in Lawrence County, Ohio, for six (6) consecutive weeks from the 22nd day of August 1872.
E. S. Wilson
Signed and Sworn to before me, this 28th day of January 1873.
C.C. Bowen, Clerk Court Common Pleas Lawrence County, Ohio
On this day, May 7th, 1873, a Journal Entry was made which reads in the following words to wit:
On motion to the Court by Azro Cory, Counsel for said Petitioners, and upon producing the report of the sale hereto made by said Petitioners, in pursuance of an order of sale heretofore made in this action, and it appears to the Court upon examination that said the sale has in all respects been legally made.
It is ordered that said sale be, and the same is hereby approved and confirmed. It is further ordered that said petition execute and deliver to the purchaser at the said sale a proper deed for the real estate by him sold as aforesaid.
Complete Record 24 Pages 612-617.
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