Warren County, Ohio Chancery Records for 1824-1851 printed by Warren County Genealogy Society in Lebanon, Ohio 45036 in 1998.
On page 80: Robert Irwin and James Irwin, James Scott and his wife Lydia Scott vs James A.I. Lowes and others.
James Irwin died in January of 1847 in Butler County, Ohio leaving last will and testament. Agnes Irwin, the wife of James Irwin, died shortly before James.
James and Agnes Irwin left seven children heirs: all of the said children are dead except for Robert Irwin.
- Robert Irwin;
- Mary Jane Irwin, deceased wife of John Lowes left five children
- James A.I. Lowes:
- Nancy Lowes wife of William Cook of Butler County, Ohio,
- Mary Jane Lowes wife of Eliphalet Stevens;
- Sarah Ann Lowes;
- Lydia Lowes wife of James Scott
- James J. Whitacre, deceased left four children:
- William M. Whitacre had two children;
- Robert S. Whitacre
- David N. Whitacre
- William M. Whitacre had two children;
- Margaret J. Whitacre
- Sarah A. Whitacre
- Mary E. Whitacre, wife of Alexander Morrow left one child 1. Martha F. Morrow
- James Irwin;
- William Irwin;
- Jane Irwin wife of Ludwich W. Miller.
- William Cox and
- Nancy M. Cox wife of Daniel Schenck.
- William Irwin,
- Martha Jane Irwin wife of Charles Moore;
- Britton Irwin;
- James N. Irwin;
- David Irwin.
- Britton Moore Irwin
On 14 November 1848, Robert Irwin (son of James and Agnes Irwin) and James Irwin (son of William Irwin), Lydia Lowes Scott (daughter of Mary Jane Irwin Lowes) and her husband, James Scott filed petition for partition in Common Pleas Court in Warren County, Ohio against James A.I. Lowes (son of Mary Jane Irwin Lowes) and others.
The petition states that in January 1847, that James Irwin a resident of Butler County, Ohio died and left the following property in Warren County, Ohio in Section 26, Township 4, Range 2 and he left a will and testament which has been proven and admitted to record before the Common Pleas Court in Butler County, Ohio and in the will there is a clause which states the following. Item #11: “The remainder of my property after my just deeds has been paid with all of my other moneys then remaining, to be equally divided into eight equal parts, my beloved wife being one of the eight, my son Robert one, and the heirs of my deceased children the others”.
The petitioners charge that the land herein before described, was not by said will specifically devised to anyone, but comes in under and is operated upon by, the said clause herein been quoted from said will, as forming a part of the remainder of decedent's property and they further charge that, decedents wife to witness, Agnes Irwin, departed this life a short time before her said husband and that the said James Irwin had by his said wife Agnes, the following children, being the same contemplated by the cause quoted from said will as aforesaid, to witness, Robert Irwin, Mary Lowes late Irwin, wife of John Lowes, Jane Whitacre, late Irwin, wife of Jonathan Whitacre, William Irwin, Nancy Cox, late Irwin, wife of Richard Cox, David S. Irwin and James Irwin and that all of said children, except the said Robert, are not dead, leaving heirs at law as follows to witness, the said Mary Lowes left the following children as her only heirs, being five in number, to witness, James A.I.Lowes being somewhere in Ohio, but what County is unknown to petitioners, Nancy Cook late Lowes, wife of William Cook, Mary Jane Stevens, late Lowes, wife of Eliphalet Stevens, Sarah Ann Lowes, and Lydia Scott, late Lowes, wife of James Scott, all residing in Warren County, Ohio. The said Jane Whitacre, deceased had four children, all of whom except Sarah Whitacre, who lives in Warren County, Ohio have departed this life intestate, leaving children and heirs at law as follows, to witness, James I. Whitacre, deceased left four minor children as his only heirs, to witness, William M. Whitacre, Margaret I. Whitacre, and Sarah A. Whitacre living in Miami County, Ohio and Mary E. Whitacre residing in Hamilton County, Ohio and William M. Whitacre deceased left two minor children as his only heirs at law, residing in Miami County, Ohio, to witness, Robert S. Whitacre and David N. Whitacre and Mary Morrow, deceased, late Whitacre wife of Alexander Morrow, left a minor child by the name of Martha F. Morrow living in Miami County, Ohio. To witness, James Irwin, William Irwin and Jane Miller,late Irwin, wife of Ludwick W Miller all living in Warren County, Ohio and the said Nancy Cox, deceased left two children, as her only heirs at law, to witness, William Cox and Nancy M. Schenck, wife of Daniel Schenck, residing in Warren County, Ohio and David S. Irwin left five children as his only heirs at law, to witness, William Irwin, Martha Jane Moore, late Irwin, wife of Charles Moore, Britton Irwin, James N. Irwin and David Irwin, the last three being minors, and all living in Butler County, Ohio except Charles Moore and wife, who live in the City of Cincinnati, Ohio and the said James Irwin, deceased, son of Old James Irwin, deceased, left only one child and heir to witness, Britton M. Irwin living in Cincinnati, Ohio.
And your petitioners expressly charge that under said will and upon the event of the death of Agnes Irwin wife as foresaid of James Irwin, deceased the real estate herein before described is rested by legal title in fee simply in said heirs at law of James Irwin, deceased and that said, Robert Irwin is entitled to one seventh thereof and that the heirs, or legal representatives of each said children of James Irwin, deceased who have departed this life as foresaid an entitled to one seventh thereof, so as, that the heirs or heirs of each decedent child shall represent his or her, on their ancestor respectively
And it is right that said property should be divided amongst the several persons interested therein, and as petitioners demand that the same be done and as such object can only be effected through the aid of this Honorable Court. To the end thereof that justice be done in the matter petitioners pray, that all of the herein before named heirs at law of the said James Irwin, deceased who are not petitioners in this cause, together with the husbands of each of them as an married women as foresaid, be made defendants to this petition and compelled to answer the same under oaths.
The premises considered, your petitioner pray, that under order of this Court partition may be made of the property here before described, amongsth, the several persons interested therein according to law;or if that can not be done, that said property be sold and the proceeds thereof divided accordingly to the statute in such case made and provided and petitioner pray for such other and further relief in the premises, as shall conform to law and equity.
Signed by Petitioners: Robert Irwin, James Irwin, James Scott and his wife, Lydia Scott
On the 15 August 1848, the Court of Common Pleas ordered that the petitioners cause be printed in the Western Star newspaper, starting 30 June 1848 that is of general circulation in Warren County, Ohio for six consecutive weeks. The court appointed Andrew G. McBurney guardian for the minor defendants in this cause.
On the 23 August 1848, the defendants did not appear in court except for the Andrew G. McBurney representing the minor defendant children after the defendants notice was given for 6 consecutive weeks in the Western Star the court ordered that the land should be divided and ask the Warren County, Ohio sheriff to do so.
On 29 August 1848, the sheriff of Warren County, Ohio comes back to court and states that the property can not be partitioned because it would injure the value of the land. The sheriff stated that the value of the land was $25 per acre. No one came before the court and requested to purchase the land.
On 7 September 1848 the court that the land should be sold at public auction for not less than 2/3 of appraised value of $25 per acre. The winning bid should pay 1/2 of the purchase price should be paid in cash and the other could be mortgage.
The auction was published in the Western Star for 30 days and on 30 October 1848 at the Court House in Warren County, Ohio between 10 am and 4 pm the sheriff offered the land for sale. Phillip Stout was the highest bidder and best bid for the property at $24.50 per acre.
On 14 November 1848 in Court of Common Pleas, Phillip Stout is granted a deed to the property.
Note error above document: #3 Nancy Irwin Cox left two children: William Cox and Nancy M. Cox who married Daniel Schenck not DAVID Schenck.
Also James Irwin left one son: Britton Moore Irwin.
There are two Britton Irwin’s during this time and they are cousins. One is David S. Irwin son Britton Irwin and the other is James Irwin son Britton Moore Irwin name after his mother’s maiden name Moore.