Benjamin Kern was born 6 Aug 1819 Indiana and died 28 Jul 1899. He is the son of William Kern and Susan Sears. Benjamin Kern married Nancy Jane Baker on 20 Nov 1839 in Lawrence, Indiana, United States.[1] In the 1840 census Benj Kern was in Lawrence, Indiana, United States.[2] This person was in an estate record in 1847. In the 1850 census Benjamin Kerr (age 32) was in Indian Creek Township, Lawrence, Indiana, United States.[3] In the 1860 census Benjamin Kern (age 40) was in Indian Creek Township, Lawrence, Indiana, United States.[4] In the 1870 census Benjamin Kern (age 50) was the head of household in Indian Creek Township, Lawrence, Indiana, United States.[5] In the 1880 census Benjamon Kern (age 60), farmer, was the married head of household in Indian Creek Township, Lawrence, Indiana, United States.[6] Benjamin Kern died on 28 Jul 1899 and was buried in 1899 in Eureka, Lawrence, Indiana, United States.[7]
Comes now the said petitioner lay ? ? Morrsons her attorneys and files her petition in writing so her motions, that is widow and wife of said William Kern dec she is entitled to claim in the following described lands of which said descendant died seized and possessed to wit the south east quarter of section Twenty three in township No5 North of ? two west also the North east quarter of section 26 ? ? and ? also the west half of the north west quarter of section twenty five ? ? and ? also the north half of the south east quarter of section twenty five same ? ? ? also the south half of the south east quarter of section twenty five same to wit and range and all of the west half of the south west quarter of section thirty six ? five north of range one west except forty acres thereof ? to John ? by the said interests in his life ? whiches is bounded as following to wit beginning at the South West corner of section thirty aforesaid running North with the section line 71 poles thence east 90 rods thence South ? ? to the section line thence east almost said line 90 rods to the beginnning & to and the said petitioner ? for the apporitianment of Commissioners to assigns said set ? her dower in the said ? land of lands. Whereas now comes now the said Erza Kern, Catherine Baker, Lewis I Baker, Benjamin Kern, Peter Kern, Louisa Lackey and John Lackey by W. W. Williamson Esq their attorney and ? the issueing such services of persons herein against their ?? their appearances to said petitioner and ? also the said Ezra Kern guardian to the said John F Kern, Adam O Kern, Susan Frances Kern and Polly Eliza kern and ? appearances for said minor defendants and ? the issueing and services of a summons against them in this behalf and ? said defendants ? that this cause may be now found and the said petitioner brings accordingly to her and the matters and things therein contained appearing by proof now introduced to be ? to the satisfaction of the court and the court being sufficially ? in the ?.
Therefore it is ordered as judged and decreed that the said petitioner is entitled as shown in her said petition to claim in court to all the land aforesaid and that the same be assigned to her permant to the stated in such care made and provided and that such assignment may be effected. It is for her ordered and decreed that John Rains, Edward Sellers and Isaac Williams, three ? persons who are disinterested and not of ? to any of hte parties herein be appointed commissioners who after taking an authr or affirmations before same Justices of the peace of said county ? fully now impartially in this claim their duties as such commissioners shall proceed to assign and set our to the said Susan Kern her claim in hte several tracts of land aforesaid by sufficient metes and bounds and that they make report thereof in writing and acknowledge the same at the present term of this court.
Michael A Malott Executor of the last will and testament of Wm Kern Sen dec ? and filed and account of his adminstrations sworn to in apeal court showing that he is chargeable in the ? of one thousand three hundred and fifty five dollars and ninety seven cents and that he is entitled to credit on account of money paid and on ? of said estate for in ? he field vouchers numbered from one to thirty two in ? and amounting to the sum of one thousand and one hundred sixty four (page missing). [8]
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