William Harper Irwin family in 1900's

William Harper Irwin family in 1900's
William Harper Irwin family in 1900's Back row L-R:Harry, Nora, William, Front row: L-R: Leona, Livonia, William, Ansel
Showing posts with label Sarah Ann Lowes. Show all posts
Showing posts with label Sarah Ann Lowes. Show all posts

Monday, August 10, 2015

Robert Irwin vs James A. I. Lowes, Chancery Records #13, page 444 for Warren County, Ohio. James Irwin died 1845 leaving Robert Irwin, Mary Lowes, Jane Whitacre. Mary Lowes left children: James A.I. Lowes, Nancy C,, wife of William Cook; Mary Jane, wife of Eliphalet Stevens; Sarah Ann Lowes and Margaret J., Mary E. and Sarah A. Whitaker; and more.

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On the 5 July 1849, Robert Irwin of Warren County, Ohio files petition for partition in Warren County, Ohio. The petition states that four years ago his father, James Irwin of Butler County, Ohio left a last will and testament leaving to property to his son, Robert Irwin and heirs of his deceased daughter,  Mary Lowes and to the heirs of his deceased daughter Jane Whitacre to be equally divided between the land in Section 27, Township 4, Range 2 in Warren County, Ohio.  James Irwin made a lease upon the property to his grandson, William Cox Irwin which expires 1 March 1851 with an outgoing crop of wheat of 18 acres. Mary Lowes left the following named children as heirs at law: James A.I. Lowes, Nancy C. 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 of Warren County, Ohio.  Also Jane Whitaker, left the following named children heirs at law, Sarah Whitaker her daughter of Warren County, Ohio and William M. Whitaker, Margaret J. Whitaker, Mary E. Whitaker and Sarah A. Whitaker all in Miami County, Ohio and being minor children and heirs of James J. Whitaker, deceased son of James Whitaker deceased June Whitaker deceased and Robert S. Whitaker and David Newton Whitaker of Miami County, Ohio being minor son and heirs at laws of William M. Whitaker deceased another son of said Jane Whitaker deceased and Martha F. Morrow of Miami County, Ohio an infant and only heir at law of Mary Morrow deceased, late Mary Whitaker.  Robert Irwin was advised and believe that Sarah Whitaker ahs sold and conveyed her interest in the said property to her cousin, William Cox Irwin and that Stevens and wife and Scott and wife have sold and conveyed their interest in the said property to James Patterson.  And as property should be divided, subject to the lease with William Cox Irwin, amongst the several persons entitled and can only be properly done by court that justice may be done.
The property is located next to John Lowes land containing 99 1/4 acres and Peter Tetrick’s land to Jonathan Whitakers'’ land.
21 August 1849, personal appeared in Court of Common Pleas, Warren County, Ohio, Joseph W. White the publisher of Thoughts of Eagles a newspaper printed in Lebanon, Warren County, Ohio and of general circulation in Warren County, Ohio stated that the amended advertisement was published in his paper for six consecutive weeks immediately proceeding the 20 August 1849.
On 5 July 1849 the order for partition was made. On 13 September 1848, the sheriff of Warren County, Ohio came back to court stating the land could not be partition with causing injury to it’s value.  The sheriff appraised that the land at $31 per acre subject to the lease of William Cox Irwin. William Cox Irwin appeared in court and stated that he would elect to take the property at it’s appraised value.  The continued that petition until next term in court on 6 November 1849 with final decree that William Cox Irwin would purchase the land at appraised vale and given a deed to the land. The estimated the total value of the land to be $3,620.48.  William Cox Irwin paid $50.21 to the clerk of court for court cost, and he paid his father, Robert Irwin $1,191.45. William Cox Irwin paid the clerk of the court, $893.60 being the balance of the purchase of the land.
William Cox Irwin was to pay to William M. Whitaker, Margaret J. Whitaker, Mary E. Whitaker and Sarah A. Whitaker each, on the legal guardians of such of them are minors. the sum of $74.46.
To Robert S. Whitaker, David N. Whitaker, each, on to his legal guardian, if they are minors, the sum of $148.90.
To Martha F. Morrow, on her guardian if she is minor, the sum of $297.86.
William Cox Irwin paid to James Paterson and his wife, Jane Patterson the sum of $1,200.00 in consideration for quick claim of their land. 
On 15 October 1849, James Patterson and his wife, Jane Patterson acknowledged that William Cox Irwin did pay them for their property in present of Warren County, Ohio sheriff.
James A.I. Lowes and his wife, Cynthia Z. Lowes testified that James Patterson and his wife, Jane Patterson paid him $233.63 for their interest in the land.
James Scott and his wife, Lydia Scott of Warren County, Ohio were paid by James Patterson  the sum of $34.58 for their interest in the land. 
William Cook and his wife, Nancy Cook, and Eliphalet Stevenson and his wife, Mary Jane and Sarah Ann Lowes for sum of $700.89 paid by James Patterson for their interest in the land, give a receipt and statement on 23 July 1849. 
Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 1
Error in the transcript of this record. It should read Robert Irwin vs. James A.I. Lowes and other.

Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 2Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 3Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 4Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 5Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 6Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 7Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 8Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 9Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 10Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 11Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 12Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 13

Monday, August 3, 2015

Warren County, Ohio Chancery Records for 1824-1851 printed by Warren County Genealogy Society in Lebanon, Ohio 45036 in 1998. On page 80-89 List the law suit of Robert Irwin (son of James and Agnes Irwin) and James Irwin (son of William Irwin and grandson of James and Agnes Irwin), James Scott and his wife Lydia Scott (daughter of Mary Jane Irwin Lowes and granddaughter of James and Agnes Irwin) vs James Lowes (son of Mary Jane Irwin Lowes and grandson of James and Agnes Irwin) 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.


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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.
  1. Robert Irwin;
  2. Mary Jane Irwin, deceased wife of John Lowes left five children
      1. James A.I. Lowes:
      2. Nancy Lowes wife of William Cook of Butler County, Ohio,
      3. Mary Jane Lowes wife of Eliphalet Stevens;
      4. Sarah Ann Lowes;
      5. Lydia Lowes wife of James Scott
    1. Jane Irwin, deceased wife of Jonathan Whitacre. Jane Irwin Whitacre left four children all of whom, except Sarah Whitacre, have died leaving children as listed:
        1. James J. Whitacre, deceased left four children:
          1. William M. Whitacre had two children;
              1. Robert S. Whitacre
              2. David N. Whitacre
          2. Margaret J. Whitacre 
          3. Sarah A. Whitacre
          4. Mary E. Whitacre, wife of Alexander Morrow left one child                                                                                                1.   Martha F. Morrow
        2. Sarah Whitacre
        3. William Irwin, deceased; left three children
            1. James Irwin;
            2. William Irwin;
            3. Jane Irwin wife of Ludwich W. Miller.
          1. Nancy Irwin, deceased wife of Richard Cox; left two children
              1. William Cox and
              2. Nancy M. Cox wife of Daniel Schenck.
            1. David S. Irwin, deceased left five children
                1. William Irwin,
                2. Martha Jane Irwin wife of Charles Moore;
                3. Britton Irwin;
                4. James N. Irwin;
                5. David Irwin.
            2. James Irwin deceased
                1. 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.
             Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 1Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 2
            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.
            Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 3Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 4Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 5Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 6Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 7Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 8Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 9Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 10Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 11Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 12

            Saturday, July 18, 2015

            The children of Mary Irwin who married John Lowes and who is the deceased daughter of James Irwin and Agnes are listed below: James A.I. Lowes, Mary Jane Lowes and her husband, Elipholet Stevens, Sarah Ann Lowes and her husband, Robert Irwin, Lydia E. Lowes and her husband, James Scott. Mary Irwin grandson through her daughter, Nancy Catherine Lowes and William S. Cook is John L Cook and his wife, Clara Amanda Anderson conveyed land to William Cox Irwin located in Deerfield Township, Warren County, Ohio, being part of Section 27, Township 4, Range 2, in the Miami Purchase, being in the South East corner of the Section 27 and the south line of the forfeit property formerly owned by Peter Tetrick. Also a lot of land lying and being in Section 27, Township 4 , Range 2, in the Miami Purchase, that was part of the premises devised by James Irwin to the heir of Mary J. Irwin Lowes and all of the estate, title and interest of James A.I. Lowes, Mary J. Lowes,Elipholet Stevens, Sarah A. Lowes and her husband, Robert Irwin, Lydia E. Lowes, James Scott, John L. Cook and Clara Amanda Anderson on 1 March 1873 in Deerfield Township, Warren County, Ohio. Interesting note: James A.I. Lowes, and his sisters, Mary J. Lowes, and her husband,Elipholet Stevens, Sarah A. Lowes and her husband, Robert Irwin, Lydia E. Lowes and her husband, James Scott are all living in Warren County, Ohio on 1 March 1873 according to the Notary Public who prepared their statement. John Lowes Cook and his wife, Clara Amanda Anderson are living in Montgomery, Hamilton County, Ohio on 5 March 1873 according to the Notary Public who prepared their statement in regards to the deed to William Cox Irwin. John Lowes Cook and Clara Amanda Anderson are living in Montgomery, Hamilton County, Ohio on 3 March 1873. This property will be disputed later in Warren County, Ohio in a law case against William Cox Irwin regarding it’s improvement that he did not disclose at the time of the sale.

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            James A.I. Lowes convey William Cox Irwin 1873James A.I. Lowes convey William Cox Irwin1873