Wayne County OhArchives Court.....David Garver November 1 1865 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Dennis Coupe dcoupe@nacs.net August 31, 2003, 9:31 pm Source: Wayne County Probate Court record .2606 transcribed 5/9/03 by Dennis Coupe Written: November 1 1865 Recorded: November 20 1865 I The State of Ohio, Wayne County .SS David Garver being duly sworn says that on or about the first day of November AD 1865 and more than fourteen days before the twentieth day of November 1865, he served the within notice on Eliza Garver widow of David Garver deceased, Samuel Shoemaker, Elizabeth Shoemaker, Elizabeth Erving (sic), Susan Erving, John Ervin, Jane Ervin, Jane Kline (line through), John Kline, Jane Kline, William McVicker, Catherine McVivker, Mary Anne McVicker, Lydia McVicker, Jesse McVicker, Harmon McVicker, Eliza Ann Garver & Rebecca Jane Garver, by delivering to each a correct copy thereof. David Garver(signed) Sworn to and subscribed by said David Garver before me, this 20th day of November AD 1865. W. A Bonewitz (?) Mayor of the Village of Congress in Wayne County Ohio II To Eliza Garver widow, and Jacob Garver, Rebecca Ervin, Elizabeth Ervin, David Ervin, Susan Ervin, Catherine Ervin, John Ervin, Eliza Ervin, & Jane Ervin, Sarah Hull & Joseph Hull her husband, Jane Kline and John Kline her husband, Sarah Howman and Henry Howman her husband, Eve McVicker, Jasper McVicker, Elizabeth Ginter and Barton Ginter her husband, William McVicker, Catherine McVicker, Mary Anne McVicker, Lydia McVicker, Jesse McVicker, Harmon McVicker, Mary Ann Hart and Samuel Hart her husband, John Garver, Elizabeth Shoemaker and Samuel Shoemaker her husband, Eliza Ann Garver and Rebecca Jane Garver, heirs at law of David Garver deceased. You are hereby notified that on the 28th day of October AD 1865, I as administrator of the estate of David Garver, deceased, filed a petition in the probate court of Wayne County and State of Ohio, alleging that the personal estate of said decedent is insufficient to pay his debts and the charges of administering his estate, that he died Seized (best guess) in fee simple of the following described real estate in the County of Wayne, and State of Ohio, towit: "The south East quarter of Section number fourteen in township twenty one of Range fourteen, containing one hundred and Sixty five acres more or less, Subject to lease upon the same of about twenty acres more held for the term of two years from next April by John Garver and being all of that part of said lot lying west of Killbuck Creek, that the said Eliza Garver, as widow of said David Garver is entitled to dower in the said premises and that the said other defendants as heirs at law of said David Garver, deceased hold the next estate of inheritance theirs. The prayer of the petitioner is for the assignment of dower to the said Eliza Garver, and for an order authorizing me as Administrator of said David Garver deceased, to sell said premises subject to said dower estate, for the payment of the debts and charges aforesaid. Said petition will be for hearing on 20th day of November AD 1865 at One o'clock P.M. or as soon thereafter as counsel can be heard. October 28th, 1865. John Garver (signed) Administrator of the Estate of David Garver deceased We the undersigned parties above named and defendants to the said petition in the above cause hereby wave the issuing and service of process, and service of notice, and voluntarily enter our appearance as such defendant. And we do also assent to a sale of the premises described in said petition according to the prayer of the same, this 30th day of October AD 1865. Witness Samuel Shoemaker Jacob Garver Elizabeth Elizabeth Ginter Shoemaker Barton Ginter John Garver Rebecca Wuner David Irvin Henry Howman Sarah Howman Eve McVicker Jasper McVicker Jane X her mark Kline John Kline Joseph Hull Sarah Hull Mary Ann Hart Samuel Hart Elizabeth Irvin III To the New Judge of the Probate court within and for the county of Wayne and State of Ohio. Your petitioner, John Garver, Administrator of the estate of David Garver, deceased, respectfully represents, that the debt of the decedent already presented for allowance amount to the sum of six thousand two hundred and fifty eight dollars. that the cost of administration will amount to about four hundred dollars; and that the total value of the personal estate and effects of the said decedent is but two thousand dollars, and wholly insufficient to pay the debts and costs aforesaid. Your petitioner further represents that the said David Garver died seized in fee simple of the following described real estate, situate in the county of Wayne and the State of Ohio towit: the South east quarter of section number fourteen (14) containing one hundred and sixty five acres. more or less. Subject to a lease upon the same from next April by John Garver and being all of that part of said lot lying west of Killbuck Creek. The said David Garver died leaving Eliza Garver his widow who is entitled to dower as law promises and the following named persons his heirs at law and having the next state of inheritance as law promises towit: Jacob Garver, of Wayne County, Rebecca Ervin, Elizabeth Ervin, David Ervin, Susan Ervin, Catherine Ervin, Eliza Ervin, John Ervin & Jane Ervin who are heirs at law of Lydia Ervin, dec. (the six last names are minors) & who reside in Wayne county; Sarah Hull who is intermarried with Joseph Hull, who reside in Lorain county, Ohio; Jane Kline, who is intermarried with John Kline, who reside in Ashland county; Sarah Howman who is intermarried with Henry Howman; Eve McVicker, Jasper McVicker, Elizabeth Ginter who is intermarried with Barton Ginter, William McVicker, Catherine McVicker. Mary Ann McVicker, Lydia McVicker, Jesse McVicker, & Harmon McVicker, the last six of them are minors & all reside in Wayne county, Ohio; Mary Ann Hart who is intermarried with Samuel Hart who reside in Ashland county, Ohio, John Garver, Eliza Ann Garver & Rebecca Jane Garver (the last two names) being minors & who reside in Wayne county, Ohio. Your petitioner therefore prays that the said widow and heirs at law may be made defendants to this petition; that they may be notified of the (pending?) hereof according to law; that the dower estate of said Eliza Garver May be set off and assigned to her in said premises; and that your petitioner may be ordered to sell said premises, subject to said dower, according to the Statute in such case made and provided. John Garver, Administrator of David Garver, Dec. By Jeffries & Welker his Attorneys Additional Comments: Three documents from the estate papers of David Garver, Wayne County Probate Court record .2606 transcribed 5/9/03 by Dennis Coupe. The first appears to be a statement from David's grandson and son of John, David W. Garver. This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 7.5 Kb