SETTLEMENT - JOHN HAYS 1893
by Carla Carla Dunlap Krehbiel.
Thank you, Carla!
(Typed as written)
Hays Property Settlement}
a term of the Circuit Court held in and for the county of Hamilton in
the state of Illinois at the
court house in McLeansboro on the 27th day of February A.D. 1893.
Present The Hon E. D. Youngblood one of the Judges of said Court.
C. C. Hayes
now on this first day of this term this cause having come on to be heard
upon the bill of complaint herein it was ordered by the Court that John C. Edwards
be appointed guardian ad item for the minor defendant Chester A. Moore.
the answer of the defendants thereto and the replication of the
complaintants to suit answer and the proof having been
in open court and the Court having heard the arguments of council for
the respective parties and being fully advised in the premises doth find
that the answer of the guardian ad litem John C. Edwards who was
appointed by the Court as guardian for the minor defendant Chester A.
Moore was filed and the Court doth further find that on the first day of
September A. D. 1892. John Hayes departed this life leaving as his
children and heirs at law Martha E. Hays his
Sophia Hale intermarried with L. J. Hale, William Hayes, intermarried
with Margaret Hays, Mary West intermarried --Charles West, Margaret J.
Smith intermarried with T. M. Smith, Elizabeth Harrelson intermarried
with James Harrelson, Lucy Anderson intermarried with Thomas Anderson,
complaintants are Columbus C. Hayes intermarried with Alice Hayes, Lewis
Hayes intermarried with Annie Hays, Cathrine Moore intermarried with
Charles B. Moore, and Chester A. Moore minor heir of Ellen Moore
deceased, who was daughter of the said John Hayes deceased, and that
allegations in the bill contained are true and that the division ought
to be made as therein prayed. It is therefore ordered and adjudged and
decreed by the Court that the minor defendant Chester A. Moore have
Hundred Dollars out of the Estate of said John Hayes to make him even
with the other heirs. It is further ordered that the following plot of
land be dedicated and set apart for cemetery purposes for the use of the
parties who are now the present owners being described as follows towit;
at the NW corner of the NWSW, S:31, T.5 R6. running thence east six
chains thence south 2 30/100 chains to the NE corner of the Hayes cemetery
thence south 2 88/100 chains thence west one chain thence North 2
88/100 chains thence east one chain. And that the Complaintants Sophia
Hale, William Hayes, Mary West, Margaret J. Smith, Elizabeth Harrelson,
Lucy Anderson and the defendants C.C. Hayes, Lewis Hayes, Catherine
Moore, and the said Chester A. Moore, are each entitled to one tenth of
the said premises after the above named Five Hundred Dollars has been
paid to the Chester A. Moore to wit.
South East fourth of the North West quarter and the North West fourth of
the South East quarter and the South West fourth of the North East
quarter all in Section Thirty One (31) Township Five (5) South Range Six
(6) East. In Hamilton county Illinois containing 120 acres more or less. The above named widow Martha E. Hayes since the death
said John Hayes and before the comencement of this suit did convey all
of her interest in the above
lands by her deed of conveyance to the above named heirs of the said
John Hayes deceased.
that a division and partition of said premises be made that John E.
Leslie, George W. Mangis, and Noble A. Utley of said Hamilton county
neither of whom are connected with any of Situate and upon the
confirmation of said report of the said Master he shall execute and
deliver to the purchaser or purchasers of the premises so sold a proper
of conveyance thereof. The said Master will bring the money and
securities so realized from such a sale into court to be distributed to
the parties entitled thereto as follows after first paying the cost of
this proceeding. He shall pay Five Hundred Dollars to the said Chester
Moore, Seventy Five (75) Dollars solicitation fee to L. J. Hale
And One tenth of the remainder to Sophia Hale.
And One Tenth to Mary West
And One Tenth to William
And One Tenth to Margaret J. Smith
And One Tenth to Elizabeth Harrelson
And One Tenth to C.C. Hayes
And One Tenth to Lewis Hayes
And One Tenth to Catharine Moore
and One Tenth to Chester A. Moore under the direction of the Court. The
said Master will report his proceeding herein to the Court at the next
term thereof to which time this cause
is hereby continued.
before S. Z. Landes one of the Judges of the Circuit Court of Hamilton
County State of Illinois
and now on this sixth day of June 1893 the same being in vacation of
said court comes Samuel M. Wright
special Master in Chancery in and for said county of Hamilton State of
Illinois and presents his report of
the sale of the premises