William Layton (1806 - 1887)

Born 15 Sep 1806 in Fayette, Pennsylvania, United States

Husband of Sarah (Davis) Layton — married 20 Mar 1847 in Clinton, Indiana

Husband of Elpha Elizabeth (Grover) Layton — married 2 Apr 1870 in Clinton, Indiana

Descendants

Died 27 Aug 1887 at age 80 in Clinton, Indiana, United States

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Unproven Items

• No sources have yet been located to place William as a son to Thomas Layton.

Biography

William Layton was born on September 15, 1806 in Pennsylvania.^{[citation needed]}Sometime before the birth of their son in 1832, William married Nancy Davis, the mother of his five known children.

In 1833 he settled in Michigan Township, Clinton County, Indiana.

The 1840 Census shows 43 year old William and his 45 year old wife living there with:^[1]

1. Abraham b about 1832
2. Sarah b about 1833
3. Mary E b about 1835
4. Henry b 1838
5. Margaret b about 1842

Nancy died sometime before December of 1848 when guardianship and estate issues arose.

Box 177A, File 16

Report of Guardianship by William Layton

State of Indiana, Clinton County

Common Pleas Court, December Term, 1858

To the Hon. , the Judge of said Court

The undersigned would respectfully report that on the 5th day of November, 1849, he was appointed guardian of the persons and estate of Abraham Layton, Sarah A Layton, Mary E Layton, Henry Layton, and Margaret H Layton, minor heirs of Nancy Layton, late of said county, deceased. That there came into his hands from the estate of William Davis , deceased, the sum of sixty-five dollars, which was the whole amount that came into his hands as such guardian.

To Amount received being thirteen dollars each

by said Sarah A Layton V. 1 .00

by said Abraham LaytonV. 2 .00

Said guardian would further show, that the said wards are his children and that he charges nothing for his services as such guardian, and the two whose receipts are filed herewith are of age. All of which is respectfully submitted.

his

Wm x Layton

mark

Subscribed and sworn to before me in Open Court Jany 5, 1859

John Bauer Clk

Clinton Common Pleas Court

Received of Wm Layton, my guardian, thirteen dollars in full of my dividend and share of the estate of Wm Davis, deceased, and I hereby release my said guardian of all liability in the matter of said guardianship, I having arrived at full age.

Sarah Ann Layton

Death and Estate

William died intestate in 1877, leading to a number of Court proceedings:

Complaint for Partition of Real Estate of William Layton

State of Indiana, Clinton County

Clinton Circuit Court, Jany Term, 1888

Elpha E. Layton vs. Henry Layton, Abraham Layton, Margaret Ostler & Sarah A. Parvis

Elpha E. Layton, plaintiff, complains of Henry Layton, Abraham Layton, Margaret Ostler & Sarah A. Parvis, defendants and says;

That William Layton departed this life in the county of Clinton and State of Indiana on the ___ day of ________ 1887, intestate and seized in fee of the following real estate situate in said county and state to wit: 29 acres off the E side of NE quarter of section 25, township 22 N of Range 1 W and also the W fraction of the NW quarter of section 30, township 22 N of Range 1 E containing 69 acres and also 3 acres off the SW quarter of section 30, township 22, N of range 1 E. Also lots numbered 17 and 20 in the original Plat of the Town of Michigantown.

That the plaintiff, Elpha E. Layton, is the widow of William Layton, deceased, and is the owner of the undivided one third in value of the above described real estate.

That the defendants, Henry Layton, Abraham Layton, Margaret Ostler & Sarah A. Parvis are the only surviving children of William Layton, deceased, and are the joint owners of the undivided two thirds in value of the above described real estate.

Wherefore the plaintiff preys the court that the parties be declared the owners of said real estate in the shares as above set out, that commissioners be appointed to partition and set off to this plaintiff her interest therein and for all other proper relief.

Doyal & Gard

Atty's for Plaintiff

Petition to Sell Real Estate of William Layton

State of Indiana, Clinton County

Clinton Circuit Court, June Term, A.D. 1889

James W. Messler, Adm. of the estate of William Layton, dec'd. vs. Henry Layton, Abraham Layton, Margaret Ostler & Sarah A. Parvis

James W Messler, administrator of the estate of William Layton, Deceased, respectfully shows to the Court that the Decedent died intestate and that the personal assets of the said estate amount to about 50.00.

That all of said allowances are general lien against the property of said estate, and that there is an insufficiency of the personal to pay said claims, that the decedent died the owner in fee of the following real estate situate in Clinton County and State of Indiana, to wit: 29 acres off the E side of the NE quarter of section 25, township 22, N of range 1 W. Also W fraction of the NW quarter of section 30 in township 22 N of range 1 E containing 69 acres.

That the deceased left surviving him the following named children to wit: Henry Layton, Abraham Layton, Margaret Ostler and Sarah A Parvis, the Defendants above named , and also Elpha E Layton his widow. That said Elpha E Layton has had partition and her interest in said deceased estate set off to her, to wit:

All that part of the two tracts above described as lies South of a public highway running E W through said lands, and that she has no interest whatever in the remaining real estate. That all of said children are of age, and are the only heirs at law of said decedent.

Said administrator asks an order to sell at private sale all of that portion of the two tracts above described as lies N of a public highway running E W through said lands containing about 75 acres for the purpose of paying the debts of said estate. That said Real Estate is probably worth 00.

James W Messler

Report of Sale of Real Estate of William Layton

State of Indiana, Clinton County

Clinton Circuit Court, June Term, A.D. 1889

James W. Messler, Adm of the estate of William Layton, dec'd. vs Henry Layton, Abraham Layton, Margaret Ostler & Sarah A. Parvis

James W Messler, administrator of the estate of William Layton, Deceased, respectfully reports to the court that pursuant to the order made in this case, that on the 11th day of August 1888 one Henry Layton bid there for the sum of 25.00 and he being the highest and best bidder and that the sum being in excess of the appraised value, 5.00, said real estate was then and there sold to said Henry Layton.

Said Layton paid down the sum of 34.98 and executed his note with Ab Brandon and Elwood Avery as security for 90.07, payable in one year with 6 % interest from date. Said administrator executed a certificate of purchase to said Layton and he now asks that this sale be confirmed and the cause continued for final payment of purchase money.

James W Messler

Subscribed and sworn to before me on this 10th day of July, 1889

Samuel H Doyal, Clerk

Notary Public

Final Settlement Estate of William Layton

State of Indiana, Clinton County

Clinton Circuit Court, September Term, 1889

Notice of Administration

Notice is hereby given that the undersigned has been appointed by the Judge of the Circuit Court of Clinton County, State of Indiana, Administrator of the estate of William Layton, late of Clinton County, deceased, said estate is supposed to be solvent.

Sept 1889 James W Messler

Doyal and Gard, Atty's Administrator

Administrators Sale

Notice is hereby given, that the undersigned Administrator of the estate of William Layton, deceased, will offer for sale at public out cry at the late residence of the deceased in Michigan Township, Clinton County, Indiana on Tuesday, October 16th, 1887, the personal property of said estate consisting of wheat in the bin, corn in the shocks, cow and calf, buggy, household and kitchen furniture, and various other articles, sale to begin at 10 o'clock A.M.

James W Messler

Administrator

Final Report

The undersigned Administrator of the Estate of said decedent respectfully submits to said court the following current report of his proceedings as such administrator of said estate, to wit:

I am chargeable with amount of sale bill 2.99

Amount taken by widow on Inventory 81.85

Cash received from Henry Layton on Sale Bill 2334.93

Cash received from Henry Layton on Sale Note 1253.50

Total Charges3863.37

Total Credits2914.15

Leaving a balance in my hands for

distribution at this settlement 9.22

And he further shows to the court that he has made distribution among the several heirs as shown by their vouchers herewith filed, to wit:

To Henry Layton, Sarah A. Parvis, Margaret Ostler, and Abram Layton 7.30 each

I, James W. Messler, Administrator of the estate of William Layton, deceased, swear that the foregoing report contains a full and true account of all monies with which I am chargeable as well as of all monies laid out and expended and that all statements therein contained are true and correct and that said Estate is fully and finally administered, so help me God.

James W Messler

Subscribed and sworn to before me on this 10th day of July, 1889

Samuel H Doyal, Clerk

Notary Public

Which report is by the court examined and approved. Administrator discharged and a complete record ordered to be made herein.

Estate of William Layton

State of Indiana, Clinton County

Henry Layton, being duly sworn on his oath says that he is a son of William Layton, deceased. That said William Layton died in Clinton County in the state of Indiana on the 27 day of August, 1887. That he left surviving him as his only heirs at law, his widow, Elpha Layton and the following named children and no others, to wit: Margaret Ostler, Sarah A Parvis, Abram Layton, and the affiant, Henry Layton, and that these were all of the heirs of said William Layton, deceased.

Henry Layton

Subscribed and sworn to before me on this 10th day of July, 1889

William Armstrong

Notary Public

State of Indiana, Clinton County

Clinton Circuit Court

June Term A.D. 1889

James W Messler, Adm., Estate of William Layton, Deceased

James W Messler, Adm., Estate of William Layton, deceased, respectfully reports to the court that Henry Layton, who purchased the real estate of decedent at administrators sale, has paid in all of the purchase money for said real estate and he now ask ( sic ) an order to execute a deed to the purchases and report the same to this court for approval.

James W Messler

Subscribed and sworn to before me on this 10th day of July, 1889

Samuel H Doyal

Notary Public

Frankfort, Ind. July 10, 1889

Received of James W Messler, Adm., Estate of William Layton, Deceased

Two Hundred & thirty seven & 55/100 Dollars

In full of my distribution share of said estate

her

Sarah X A Parvis

mark

Sources

1. ↑ Year: 1850; Census Place: Michigan, Clinton, Indiana; Roll: 139; Page: 429b Ancestry.com. 1850 United States Federal Census [database on-line]. Provo, UT, USA Link.