State of Illinois   } In County Court
McHenry              } ss March Term A. D. 1880

William H Stewart
Administrator etc
vs                                 }                       Petition to sell real Estate

Susan A Stewart }                       Answer of guardian ad litem
et al                             }

And the said Harry Stewart, Robert Charles and Susan L Charles infant defendants in the said petition by P Whitney their guardian ad litem, appointed by this Court for answer to said petition say: That they are of tender years and ignorant of the matters is said petition contained and neither confess nor deny the allegations of said petition but submit their interests herein to this Honorable Court.

By P Whitney (s)
Guardian ad litem

PETITION TO SELL REAL ESTATE TO PAY DEBTS

Entire document is hand written.

In County Court
March Term A. D. 1880
W H Stewart Admin.
vs
Susan A Stewart
et al

Petition to sell real
estate to pay debts
Filed Feby 26^th 1880
P Whitney (s) Clk

State of Illinois } In County Court
McHenry County } ss To the March Term A. D. 1880

To the Honorable B. N. Smith, Judge of said Court:

Your petitioner William H Stewart, Administrator of the estate of Robert W Stewart, late of said County, deceased would respectfully represent and show unto your Honor that the said Robert W Stewart departed this life at Hebron on or about the twentieth day of December A. D. 1876; that your petitioner was on the eighteenth day of January A. D. 1877 appointed by this Court administrator of the estate of the said Robert W Stewart, as will appear by the second thereof remaining in this Court.

Your petitioner would further show that an inventory, appraisement bill and sale bill of said estate have been made and filed in the office of the clerk of this court and been duly approved by the Court; and that your petitioner has rendered to this court a just and true account of the personal estate and debts of the said Robert W Stewart, which said account was approved by the Court and your petitioner further shows unto your Honor that the personal estate of said Robert W Stewart, deceased, as will more particularly appear from the aforesaid account amounts to ten thousand six hundred and forty dollars and seventy-six cents ($10640.76) including in said amount sale notes to the amount of thirty-four dollars, which has not been collected but which are good; that he has faithfully applied the proceeds of the personal estate towards the payment of the debts of the said deceased; that the total indebtedness of said estate amounts twenty-two thousand four hundred and fifty-two dollars and four cents ($22452.04) as appears by the said account; and that there is a deficiency of personal estate to pay the remaining claims against said estate amounting to eleven thousand seven hundred and seventy-seven dollars and twenty-eight cents.

And your petitioner further represents that the said Robert W Stewart died seized in fee simple of the following described real estate situated in McHenry County and State of Illinois to-wit; the south east quarter of section twenty-two, the west half of the southwest quarter of section twenty-three, the north-west quarter of the south-west quarter of section twenty-six, the north east quarter of section twenty seven, the south-east quarter of said section twenty-seven. Also commencing thirty rods north of the south-west corner of the north-west quarter of section thirty-six township forty-six, north of range seven, east of the third principal meridian, thence

north on the west line of said section thirty rods, thence east twenty-six rods, sixteen and on half links, thence south thirty rods, thence west twenty-six rods sixteen and one half links to the place of beginning containing five acres of land; also a strip of land of from the east side of the south-west quarter of section twenty-two and also a strip of land off of the east side of the north-west quarter of section twenty-seven; the last two mentioned pieces or parcels of land containing about fifty-five acres and being the same pieces or parcels of land reserved in a deed from John Stewart to C Vander Karr bearing date June 11^th 1870 and recorded in book 47 of deeds at page 123, and also a three cornered strip of land in the south-east corner of the south-east quarter of the south-west quarter of section twenty-seven containing four acres of land more or less and being all of said South-east quarter of said south-west quarter of section twenty-seven not owned by W H Stewart; all of the above described pieces or parcels of land lying and being in township forty-six, north of range seven, east of the 3^rd principal meridian in the County and State aforesaid.

And your petitioner further represents unto your Honor that the said Robert W Stewart died leaving him surviving as his only heirs at law Susan A Stewart, his widow, John J Stewart and Harry Stewart, his children Robert Charles and Susan L Charles, children of Mary Charles, deceased, daughter of Robert W Stewart, deceased and Thomas Charles, husband of the said Mary Charles, deceased; that the said Harry Stewart, Robert Charles and Susan L Charles are minors.

Your petitioner therefore prays that the said Susan A Stewart, John J Stewart, Harry Stewart, Robert Charles, Susan L Charles and Thomas Charles may be made parties defendant to this petition and that they be required to make full and direct answer to this petition, without oath, their answer under oath being hereby waived; that a guardian ad litem may be appointed for the said minor defendants and that upon a final hearing of this cause your Honor will order and direct your petitioner to sell the said real estate or so much thereof as may be necessary to pay said deficiency and make such further order herein as to your Honor may seem proper.

May it please your Honor to grant the writ of summons directed to the sheriff of said county of McHenry commanding him that he summons the said defendants Susan A Stewart, John J Stewart, Harry Stewart, Robert Charles, Susan L Charles and Thomas Charles to appear before this court on the first day of the next term thereof to be held in the County of McHenry aforesaid and there to answer this bill, etc.

W. H. Stewart (s)
Admin. Etc

State of Illinois }
McHenry County }ss

W H Stewart, the above mentioned petitioner, makes oath and say that the allegations contained in the foregoing petition are true according to his best knowledge and belief.

State of Illinois         } In County Court
McHenry County     } ss To the March Term A. D. 1880

William H Stewart, Administrator    }
of the estate of Robert W Stewart,    }
deceased.                                                      } Petition to sell
vs                                                                   } real estate
Susan A Stewart, John J Stewart }Decree.
Harry Stewart, Robert Charles,     }
Susan L Charles, & Thomas Charles}

And now, to-wit; this fifteenth day of March AD 1880 comes the petitioner, William H Stewart as Administrator of the estate of Robert W Stewart, deceased; no one appearing for the defendants; and it appearing to the Court that the said Susan A Stewart, John J Stewart and Thomas Charles had been duly served with the process of this court in this cause ten days prior to the first day of the present term of this court; and the defendants having been severally called in open court to plead answer or demure to the complainants petition, came not, but made default herein: It is therefore ordered by the court that said petition be taken as confessed against them.

And it further appearing to the court that the defendants Harry Stewart, Robert Charles and Susan L Charles were duly served with process in this cause ten days prior to the first day of this term of court and that they are minors and have no guardian resident in this state: It is therefore ordered by the court that P Whitney be appointed guardian ad litem for said minor defendants. And thereupon the said guardian ad litem files the answer of said minor defendants herein, showing nothing against the prayer of the petition; which said answer is approved by the court.

And this cause coming on to be heard upon the petition and answer of guardian ad litem aforesaid, and the accords of this court and the testimony of witnesses examined in open court and the court being fully advised in the premises doth find that all the material allegations in the said petition contained are true as therein stated; that the said Robert W Stewart departed this life at Hebron on or about the twentieth day of December AD 1876 and that petitioner was on the eighteenth day of January AD 1877 duly appointed by this court administrator of the estate of said Robert W Stewart, deceased.

That an inventory, appraisement bill and sale bill of said estate have been made and filed in the office of the clerk of this court and been duly approved by the court; that a true and just account of the personal estate and debts of the said Robert W Stewart, deceased, has been rendered to and duly approved by the court, that it appears from said account that the personal estate of said Robert W Stewart, deceased, amounts to ten thousand six hundred and forty dollars and seventy-six cent ($10640.76), including in said amount sale notes to the amount of thirty-four dollars, which have not been collected but which are good; that the said administrator has faithfully applied the proceeds of the personal estate towards the payment of the debts of said deceased; that the total indebtedness of said estate amounts to twenty-two thousand four hundred and fifty-two dollars and four cents (22452.04) and that there is a deficiency of personal estate to pay the remaining claims against said estate amounting to eleven thousand, seven hundred and seventy-seven dollars and twenty-eight cents($11777.28) That the said Robert W Stewart died seized in fee simple of the following described real estate situated, lying and being in township forty-six, north of range seven east of the third principal meridian in the County of McHenry and State of Illinois to-wit; The south-east quarter of section twenty-two(22); the west half of the south-west quarter of section twenty-three(23); the north-west quarter of section twenty-six(26); the north-west quarter of the south-west quarter of section twenty-six(26); the north-east quarter of section twenty-seven(27); the south-east quarter of said section twenty-seven(27); also commencing thirty rods north of the south-west corner of the north-west quarter of section thirty-six(36), thence north on the west line of said section thirty rods, thence east twenty-six rods sixteen and one half links, thence south thirty rods, thence west twenty-six rods sixteen and on half links to the place of beginning containing five acres of land; and also a strip of land off from the east side of the south-west quarter of section twenty-two(22) and also a strip land off from the east side of the north-west quarter of section twenty-seven(27), the last two mentioned pieces or parcels of land containing about fifty-five acres of land and being the same pieces or parcels of land reserved in a deed from John Stewart to C Vander Karr bearing date June 11^th 1870 and recorded in book 47 of deeds at page 123; and also a three corned strip of land in the south-east corner of the south-east quarter of the south-west quarter of section twenty-seven(27) containing four acres of land more or less and being all of said south-east quarter of said south-west quarter of section twenty-seven(27) not owned by W H Stewart.

That the said Robert W Stewart left him surviving as his only heirs at law Susan A Stewart, his widow, John J Stewart and Harry Stewart, his children, Robert Charles and Susan L Charles, children of Mary Charles, deceased, daughter of Robert W Stewart, deceased, and Thomas Charles, husband of said Mary Charles, deceased, that the said Harry Stewart, Robert Charles and Susan L Charles are minors; that said Susan A Stewart, as widow of said Robert W Stewart, deceased is entitled to dower in all of the aforesaid described premises; that

the Susan A Stewart, at the time of the decease of said Robert W Stewart resided on, has ever since his death resided and still resides on said premises and is entitled to her homestead therein.

It is therefore ordered, adjudged and decreed by the court that said petitioner proceed to sell the premises above described or so much thereof as shall be necessary to pay said deficiency together with the costs of administration, at public venue at the front door of the mansion house on said premises to the highest and best bidder therefore; that said sale be subject to the widows right of dower and homestead therein; that said petitioner first advertise said premises in pursuance of the statute in such cases made and provided; that the terms of said sale be cash in hand; that said administrator may adjourn said sale from time to time if it shall be deemed necessary for the best interests of said estate; that he report his actings and doings in the premises to this court and that upon approved and confirmation of said report by the court he execute and deliver good and sufficient deeds of conveyance of said premises to the purchaser or purchasers thereof.

Approved B N Smith (s)
Judge

This document is entirely hand written.

1367
In County Court
May Term AD 1880
W H Stewart, Admin.
vs
Susan A Stewart
et al
Report of Sale

Filed May 6^th 1880
P Whitney (s) Clk


Recorded in Probate Register
Page 195, 196, 197 & 198
P Whitney (s) Clk

State of Illinois         }        In County Court
McHenry County    }ss    To the May Term AD 1880

William H Stewart, Administrator }
of the estate of Robert W Stewart   }
deceased.                                                    }                    Petition to sell
vs                                                                 }                      real estate

Susan A Stewart, John J Stewart        } Report of Sale
Harry Stewart, Robert Charles             }
Susan L Charles & Thomas Charles  }

To the Honorable B N Smith, Judge of said Court;

The undersigned, administrator of the estate of said Robert W Stewart, deceased respectfully reports unto your Honor that in pursuance of the order of this court rendered at the March Term AD 1880, is the above entitled cause, directing the sale of the real estate hereinafter described he posted notices of the sale of said real estate in four of the most public places in McHenry County on the 18^th day of March AD 1880 to-wit; one on the bulletin board at the front entrance to the court house, in the city of; one on the bridge over the Nippersink at Greenwood; one at Tryons’ Corners, in the town of Hebron and one at the Cheese-factory on the premises and also caused a similar notice to be published four consecutive weeks prior to the day of sale hereinafter mentioned in the Woodstock Sentinel, a weekly newspaper published in the city of Woodstock in the County and state aforesaid, the first publication of which notice was on the 18^th day of March 1880 and the last on the 15^th day of April 1880, a copy of which notices with the printers certificate of publication is hereto attached marked "Exhibit A" and made a part of this report. That on the 15^th day of April AD 1880 at the hour of one o’clock in the afternoon of said day at the front door of the mansion house on the premises hereinafter described, being the time and place of sale specified in said notices, he offered the following described real estate for sale at public vendue to the highest and best bidder therefore; to-wit: The south-east quarter of section twenty-two(22); the west half of the south-west quarter of section twenty-three(23); the north-west quarter of section twenty-six(26); the north-west quarter of the south-west quarter of section twenty-six(26); the north-east quarter of section twenty-seven(27); the south-east quarter of section twenty-seven(27); also commencing thirty rods north of the south-west corner of the north-west quarter of section thirty-six(36), thence north on the west line of said section thirty rods, thence east twenty-six rods sixteen and one half links, thence south thirty rods, thence west twenty-six rods sixteen and one half links to the place of beginning containing five acres of land; and also a strip of land off from the east side of the south-west quarter of section twenty-two(22); and also a strip of land off from the east side of the north-west quarter of section twenty-seven(27); the last two mentioned pieces or parcels of land containing about fifty-five acres of land and being the same pieces or parcels of land reserved in a deed from John Stewart to C. Vander Karr bearing date June 11 1870 and recorded in book 47 of deeds at page 123; and also a three corned strip of land in the south-east corner of the south-east quarter of the south-west quarter of section twenty-seven(27); containing four acres of land, more or less, and being all of said south-east quarter of said south-west quarter of section twenty-seven(27) not owned by W H Stewart and John J Stewart having bid therefore the sum of Twelve Thousand dollars, which was the highest and best bid for the same, the said tracts of land were struck off and sold to him for said sum.

And thereupon the said John J Stewart paid to the undersigned the said sum of Twelve Thousand ($12000) dollars as the purchase money of said real estate.

That said sale was made subject to the widow’s right of dower and homestead in the aforesaid described real estate and that in all respects your administrator has complied with the terms of the decree rendered and filed in said cause at the March Term AD 1880 and that your administrator has prepared a deed of the premises aforesaid and that the same is ready to be delivered wherefore your administrator asks that this report be approved and that he be directed to deliver said deed to the purchaser of said real estate.

All of which is respectfully submitted.
Dated this 4^th day of May AD 1880
W H Stewart (s) Administrator
Subscribed and Administrator of the estate
of Robert WStewart, Dec.

PUBLISHER’S CERTIFICATE

The undersigned, Publisher of the SENTINEL, a weekly newspaper published in Woodstock, McHenry County, Illinois, hereby certifies that the accompanying Notice was published in said paper 4 consecutive weeks the first publication being on the 18 day of March A. D. 1880 and the last on the 15^th day of April A. D. 1880.

Publisher’s Fee $7.00
Southworth Glenmore (s)
Woodstock, Ill April 28, 1880 Publisher Sentinel

Received payment, Southworth Glenmore(s)

News clipping of Notice:

ADMINISTRATORS SALE OF REAL ESTATE

In the estate of Robert W. Stewart, deceased,

By virtue of a decretal order of the county court of McHenry county, and state of Illinois, entered of record at the March Term A. D. 1880, to-wit: On the 15^th day of March A. D. 1880, made on the petition of William H. Stewart, administrator of the estate of Robert W. Stewart, deceased, for leave to sell real estate of said deceased to pay debts, I shall on the 15^th day of April A. D. 1880, at the hour of one o’clock in the afternoon of said day, at the front door of the mansion house on the premises hereinafter described, off for sale and sell at public vendue, to the highest and best bidder therefor, all the following described real estate situated, lying and being in township forth-six north of range seven, east of the third principal meridian, in the county of McHenry and state of Illinois to-wit: The south-east quarter of section twenty-two(22); the west half of the south-west quarter of section twenty-three(23); the north-west quarter of section twenty-six(26); the north-west quarter of the south-west quarter of section twenty-six(26); the north-east quarter of section twenty-seven(27); the south-east quarter of section twenty-seven(27); also commencing thirty rods north of the south-west corner of the north-west quarter

of section thirty-six(36), thence north on the west line of said section thirty rods, thence east twenty-six rods sixteen and one half links, thence south thirty rods, thence west twenty-six rods sixteen and one half links to the place of beginning containing five acres of land; and also a strip of land off from the east side of the south-west quarter of section twenty-two(22); and also a strip of land off from the east side of the north-west quarter of section twenty-seven(27); the last two mentioned pieces or parcels of land containing about fifty-five acres of land and being the same pieces or parcels of land reserved in a deed from John Stewart to C. Vander Karr bearing date June 11 1870 and recorded in book 47 of deeds at page 123; and also a three corned strip of land in the south-east corner of the south-east quarter of the south-west quarter of section twenty-seven(27); containing four acres of land, more or less, and being all of said south-east quarter of said south-west quarter of section twenty-seven(27) not owned by W H Stewart; said sale to be subject to the widow’s right of dower and homestead in the above described premises.

Terms of sale: Cash
William H Stewart,
Administrator of the estate of Robert W Stewart, deceased. April 15^th A. D. 1880

Document: # 22 REPORT OF SALE

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