Transcript of SUMMARY OF ABSTRACT OF TITLE Prather Cabin in Utica Township
E:\CLARKCOGENWEB\SUMMARY OF ABSTRACT OF TITLE Prather Cabin in
Utica Township.PDFSUMMARY OF ABSTRACT OF TITLE
Utica Township, Clark Co., Indiana
Tract 1 – 57 acres in Section 51 Tract 2 - 6.5 acres in Section
2
Action by Nancy J. Miller, et al. against Edmond M. Bottorff
(defendant)
Title in the name of George E. Prather
TRACT 1 57 acres in Section 51
No.1 12/14/1786 – Land Patent from the State of Virginia to William
Fleming, et al. Commissioners for apportioning the lands granted to
the Illinois Regiment
No. 2 07/19/1788 – 500 acres surveyed for John Montgomery
No. 3 02/11/1819 – Conveyance of 9 tracts of land (No. 11 of the
Illinois Grant) for $500 from Samuel Largent Vanlear, William
Vanlear, Eliza Vanlear, Joseph Vanlear and Thomas Farmer Vanlear to
Mathew Vanlear, his heirs and assigns
No. 4 07/28/1823 – Quitclaim Deed from Mary Vanlear (sole devisee
of Mathew Vanlear, late of Washington Co., Maryland) to Peter
Coldren – "All of No. 51" for $3,000, containing 500 acres
No. 5 08/20/1823 – Warranty deed from Peter Coldren and Elizabeth
(his wife) to John Miller, his heirs and assigns – Part of Lot 51
of the Clark's Grant, "at a corner between John McDaniel's land and
the land of Yocum and Coldren . . . containing 250 acres."
No. 6 "Estate of John Miller, deceased." {complete entry}
No. 7 02/12/1838 – Division of real estate – Nicholas Miller and
John B. Miller v. the Heirs of John Miller, deceased – John Miller
died about 1827, without a will; his surviving children: Jacob
Miller, John B. Miller and Nicholas B. Miller (then adults) and
Mary Ann Miller and Louisa Miller (then minors). Henry Lutz was
appointed guardian for the minor children. Nicholas Miller and John
B. Miller asked the court to partition (divide) the 250 acres in
Section 51 and the 48 acres in Section 69 owned by John Miller at
the time of his death. John Carr, George Howard and Jacob Bottorff
were appointed "Commissioners" to divide up this real
property.
Descendants of John Miller
JOHN MILLER died Abt. 1827 in Clark Co., IN. He was married to
_______________.
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Children of JOHN MILLER are: i. LOUISA H.2 MILLER, b. Bef. 1838
(still a minor in 1827); m. ISAAC OTIS
PRATHER, April 29, 1875, Clark County, Indiana; b. 1839, Utica,
Clark County, Indiana; d. 1893.
ii. JACOB MILLER. iii. JOHN B. MILLER. iv. NICHOLAS B. MILLER. v.
MARY ANN MILLER, b. Bef. 1838 (still a minor in 1827)
No. 8 11/26/1838 – Division of real estate – Acreage divided up
into lots; Jacob Miller received Lot 4 (57 acres); John B. Miller
received Lot 3 (57 acres); Nicholas Miller received Lot 2 (57
acres); Mary Ann Miller received Lot 5 (56 acres); Louisa Miller
received Lot 1 (70 acres).
An undated abstractor's note indicates that the plat map showing
the above division into lots could not be found.
No. 9 07/07/1831 – Probate Order Book "B", page 99 – Henry Lutz
gave bond and became guardian of Mary Ann Miller and Louisa
Miller.
No. 10 02/27/1846 – Warranty Deed — Nicholas Miller and Jane P.
Miller (his wife) sold to Thomas F. Prather 57 acres set apart in
1838 as "Lot 2".
Thomas Franklin Prather
THOMAS FRANKLIN PRATHER was born December 7, 1817 in Indiana, and
died June 8, 1882 in Clark County, Indiana (New Chapel Cem.) He was
the son of Sihon S. Prather and Elizabeth Williams Simmons. He
married (1) CATHERINE JACOBS December 6, 1838 in Clark County,
Indiana, daughter of THOMAS JACOBS and MARY HOLMAN. She was born
April 21, 1820, and died September 28, 1841 in Clark County,
Indiana (New Chapel Cem.) He married (2) MAHALA BENNETT PATRICK on
November 4, 1842. She was born March 13, 1816 in North Carolina,
and died January 29, 1888 in Clark County, Indiana (New Chapel
Cem.).
Children of THOMAS PRATHER and CATHERINE JACOBS are: i. WILLIAM
JACOBS PRATHER, b. September 29, 1839, Indiana; d. March 17,
1900, Clark County, Indiana (New Chapel Cem.). ii. MARGARET
PRATHER, b. 1841.
Children of THOMAS PRATHER and MAHALA PATRICK are: iii. JAMES
ALBERT PRATHER, b. September 3, 1843, Indiana; d. January 16,
1918, Clark County, Indiana (New Chapel Cem.). iv. SARAH CATHERINE
PRATHER, b. February 7, 1845, Indiana; d. April 7,
1879, Buried at New Chapel Cem., Clark Co., Indiana; m. JOHN C.
DILLMAN, September 24, 1868, Clark County, Indiana. Sarah Catherine
Prather was described as “deaf and dumb”.
v. LOUISIANA ("ANNA") PRATHER, b. April 6, 1849, or 01/25/1835 in
Indiana; d. 1866, or 01/20/1861 (New Chapel Cem.) The book, "Thomas
Prather, 1604-1666, Descendants and Allied Kin" says Louisiana
Prather "never married". She was also described as “mute”.
vi. LAURA BELL PRATHER, b. August 29, 1853, Indiana; d. December 1,
1922; m. ERASMUS T. SAGE, May 15, 1873, Clark County,
Indiana.
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vii. BENJAMIN PRATHER, b. 1859, Died as infant (Source: Not on 1860
Clark County Census with his siblings); d. 1859, New Chapel Cem.,
Clark Co., IND. (illegible).
No. 11 12/14/1866 – Warranty Deed – Thomas F. Prather and Mahala
Bennett Prather (his second wife) sold to William J. Prather the 57
acres acquired by Thomas F. Prather on 02/27/1846, plus an
additional parcel ("No. 1 of the caption").
William Jacobs Prather
WILLIAM JACOBS PRATHER (son of Thomas Franklin Prather and
Catherine Jacobs) was born September 29, 1839 in Indiana, and died
March 17, 1900 in Clark County, Indiana (New Chapel Cem.). He
married MARGARET ANDREWS November 3, 1864 in Clark County, Indiana.
She was born June 24, 1842, and died May 2, 1909 in Clark County,
Indiana (New Chapel Cem.).
Children of WILLIAM PRATHER and MARGARET ANDREWS are: i. CHARLES
OTTO PRATHER, b. October 12, 1875; d. June 11, 1933; m.
ALICE J. KAHL; b. July 2, 1875; d. March 29, 1952. ii. ALVIN
PRATHER, b. February 19, 1879; d. December 9, 1957; m. ANNA
HALL, 1902; b. 1884, England?; d. 1948. iii. GEORGE E. PRATHER iv.
ESTELLA V. PRATHER TALLEY, m. MELVIN TALLEY v. LAURA A. PRATHER, m.
P. CLYDE MONSON vi. LORETTA PRATHER HILTON, m. WILLIAM S.
HILTON
No. 12 04/13/1900 – Warranty Deed – Loretta {Prather} Hilton and
William S. Hilton (her husband) sold her interest in this property
to Margaret Prather (her mother) {widow of William Jacobs Prather,
mother of Charles Otto Prather and Alvin Prather}, and her children
George E. Prather, Estella V. Talley, Laura A. Prather, Charles
Otto Prather and Alvin Prather 57 acres of "No. 1 of the caption",
No. 10 above ("Lot 2) of the Miller division and two other tracts.
William J. Prather died 03/17/1900 without a will; he was survived
by the following children: George E. Prather, Estella V. Talley,
Laura A. Prather, Loretta Hilton, Charles Otto Prather and Alvin
Prather (all then adults). William J. Prather was also survived by
his widow, ___________ {Margaret Andrews Prather}.
No. 13 01/29/1903 – Warranty Deed from Margaret Prather (widow) to
her children Charles O. Prather, George E. Prather, Alvin Prather,
Laura A. Monson and Estella V. Talley conveying 57 acres of "No. 1
of the caption"; undivided interest; $1.00 consideration
Note: Margaret Prather died May 2, 1909 at age 67
No. 14 01/29/1908 – Warranty Deed from Estella V. Talley and Melvin
Talley (her husband) {daughter of William Jacobs Prather} to her
brothers Charles O. Prather, George E. Prather and Alvin Prather;
conveyed Estella's 1/5 undivided interest to her brothers;
consideration of $1,900
No. 15 01/29/1908 – Warranty Deed from Laura Monson and P. Clyde
Monson (her husband) {daughter of William Jacobs Prather} to her
brothers Charles O. Prather,
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George E. Prather and Alvin Prather; conveyed Laura's 1/5 undivided
interest to her brothers; consideration of $1,900
No. 16 03/14/1908 – Warranty Deed from Charles O. Prather and Alice
J. Prather (his wife) and Alvin Prather and Anna R. Prather (his
wife); conveyed their undivided 2/3 interest in Tracts Nos. 1 and 2
to their brother George Prather; consideration of $3,333.33
TRACT 2 Tract 2 - 6.5 acres in Section 2
No. 17 03/01/1786 – Survey for Edward Worthington – 500 acres in
Illinois Grant No. 69
No. 18 04/08/1789 – Commissioners' Deed to William Croghan, his
heirs and assigns, of the above 500 acres
No. 19 02/03/1801 – Warranty Deed from William Croghan and his wife
Lucy to Benjamin Redman and Ephriam {sic} Arnold, their heirs and
assigns of the above 500 acres; consideration of $1,250
No. 20 05/17/1803 – Warranty Deed from Ephriam Arnold "and wife" to
Benjamin Redman, his heirs and assigns conveying part of Section 69
of the Illinois Grant, being approximately half of the above 500
acres; illustrated as generally the eastern half of the Section;
approximately 257 acres; consideration of $500
No. 21 05/13/1822 – Warranty Deed from Benjamin Redman to John Odem
of approximately 49 acres of his portion of Section 69;
consideration of $700
No. 22 03/28/1825 – Warranty Deed from John Odem and his wife Nancy
("who signs by mark") to Thomas Worrall, his heirs and assigns,
conveying the above 49 acres acquired in 1822 from Benjamin Redman;
consideration blank
No. 23 08/21/1826 – Warranty Deed from Thomas Worrall and Hannah
("his wife, who signs by mark") to John Miller, his heirs and
assigns, conveying the above 49 acres for a consideration of $300,
with the exception of "one acre of land"
No. 24 03/10/1835 – Warranty Deed from Jacob Miller and "Jane, by
mark" to John Miller, his heirs and assigns, conveying "all their
interest to two certain tracts of land in Nos. 51 and 69, as one of
the heirs of John B. Miller, deceased"
Abstractor's note: "This may be part of real estate of caption,
both tracts, but the abstractor does not know. F. W. Carr."
No. 25 "Estate of John Miller, deceased." {complete entry}
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No. 26 REPEATED FROM TRACT #1: 02/12/1838 – Division of real estate
– Nicholas Miller and John B. Miller v. the Heirs of John Miller,
deceased – John Miller died about 1827, without a will; his
surviving children: Jacob Miller, John B. Miller and Nicholas B.
Miller (then adults) and Mary Ann Miller and Louisa Miller (then
minors). Henry Lutz was appointed guardian for the minor children.
Nicholas Miller and John B. Miller asked the court to partition
(divide) the 250 acres in Section 51 and the 48 acres in Section 69
owned by John Miller at the time of his death. John Carr, George
Howard and Jacob Bottorff were appointed "Commissioners" to divide
up this real property.
No. 27 REPEATED FROM TRACT #1: 11/26/1838 – Division of real estate
– Acreage divided up into lots; Jacob Miller received Lot 4 (57
acres); John B. Miller received Lot 3 (57 acres); Nicholas Miller
received Lot 2 (57 acres); Mary Ann Miller received Lot 5 (56
acres); Louisa Miller received Lot 1 (70 acres).
An undated abstractor's note indicates that the plat map showing
the above division into lots could not be found.
No. 28 04/05/1838 – “For heirs of John B. Miller” by Clark County
Probate Court, Section 51 and 69 – Sets out boundaries of the
subject project, with a drawing.
No. 29 REPEATED FROM TRACT #1: 07/07/1831 – Probate Order Book "B",
page 99 – Henry Lutz gave bond and became guardian of Mary Ann
Miller and Louisa Miller.
No. 30 07/25/1848 – Warranty Deed – Philip P. Tuel conveyed a “life
claim” to Daniel H. McDaneld, his heirs and assigns in 70 acres
within Sections 51 and 69. Consideration of $900.
No. 31 06/30/1848 – Warranty Deed – Jacob H. Miller and Jane (his
wife) and Nicholas Miller and Jane P. (“his wife, by mark”)
conveyed to Daneld H. McDaneld, his heirs and assigns, their
undivided ½ interest (except the above life claim of Philip P.
Tuel). Mentions the death of their sister Louisa Tuel “who died
intestate {without a will} and leaving no issue {having no
children}”.
Is it possible that Louisa Miller married Philip P. Tuel, had no
surviving children and, upon Louisa’s death, Philip retained a
“life claim” or right to the use and enjoyment of the land until
his death? Note that a month later (see No. 30 above) Philip P.
Tuel conveyed his “life claim” to Daniel H. McDaneld).
According to the 1790-1850 Indiana Marriage Database, a Philip P.
Tuell married a Louisa Miller in Jackson Co., Indiana on 11/20/1844
and a Philip P. Tuell married a Rebecca Runyan in Clark Co.,
Indiana on 06/02/1849. It’s certainly possible this Louisa Miller
married Mr. Tuell and after her death (prior to 06/30/1848), he
married again, this time to Miss Runyan.
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No. 32 08/19/1848 – Warranty Deed – Danel {sic} H. McDaneld
conveyed to Thomas F. Prather, his heirs and assigns the “life
claim” of Philip P. Tuel and Jacob and Nicholas Miller’s “heirship
claim” in an unnamed number of acres within Section 69, “subject to
the heirship claims of John B. Miller and William Boyer and wife or
their heirs and assigns in a rashio {sic – “ratio”} of 24 to 46.”
Consideration of $360 paid.
No. 33 08/15/1848 – Warranty Deed – William Boyer and Mary Ann, his
wife, conveyed to James Boyer, his heirs and assigns, their
undivided 1/4 interest in a tract within Sections 51 and 69, “being
the land that was awarded to Louisa Miller on partition of the real
estate of John Miller, deceased”, being partitions number 1 (in
Section 51) and A (in Section 69). Consideration of $800
paid.
No. 33 ½ Surveyor’s drawing
No. 33 ½ 12/07/1878 – Trustee’s Deed – Thomas F. Prather was
“bankrupt” (reference to a federal bankruptcy action); a parcel
conveyed to John Lewman for the sum of $361 an undivided one-half
interest in 23 acres in Clark Co.
No. 34 02/26/1879 – Quitclaim Deed – Thomas F. Prather and his wife
Mahala conveyed to Edmond M. Bottorff for the sum of $700 the
property acquired by Thomas F. Prather on 08/19/1848 from Daniel H.
McDaneld (No. 32 above).
No. 35 04/19/1880 – Quitclaim Deed – John Lewman and his wife
Catherine conveyed to Edmond M. Bottorff for $395.54 the 23 acres
acquired above from Thomas F. Prather, plus the tract referenced in
No. 51, reserving a life estate for the “natural life of one Philip
P. Tuel”.
No. 36 02/11/1888 – Warranty Deed – James Boyer and his wife
Charlotte T. Boyer conveyed to Solon Young the acreage referenced
in No. 33 above for $3,000.
No. 37 10/29/1888 – Warranty Deed – Solon Young (“unmarried”)
conveyed to Sarah J. W. Sullivan for $500 the property acquired by
him from James and Charlotte Boyer.
No. 37 ½ A surveyor’s drawing, showing the property of John Hilton,
William J. Prather, Eakin, M. E. Bottorff and E. M. Bottorff
No. 38 11/03/1888 – Sarah J. W. Sullivan (widow) conveyed to Edmund
M. Bottorff for $197 23 acres
No. 39 Undated guardianship order of Howard M. Prather, Karminta
Prather and Clara L. Prather (minors)
Descendants of Isaac Otis Prather
ISAAC OTIS PRATHER was born 1839 in Utica, Clark County, Indiana,
and died 1893. He married LOUISA H. MILLER April 29, 1875 in Clark
County, Indiana. She was born Abt. 1845.
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Children of ISAAC PRATHER and LOUISA MILLER are: i. HOWARD
MERRICK16 PRATHER, b. Abt. 1877. He was a Riverboat engineer.
Residence: New Albany, Indiana ii. KARMINTA PRATHER, b. Abt. 1878;
m. WALTER SCOTT LENTZ, March 3,
1897, Jeffersonville, Clark County, Indiana. iii. CLARA PRATHER, b.
Abt. 1881; m. EDWARD C. CLAPPOART/CLAPPART.
No. 40 06/11/1896 to 12/16/1896 – Civil court proceedings brought
by Nancy J. Miller and her husband George R. Miller, Theora V.
Jackson and her husband John P. Jackson, Howard M. Prather,
Karminta Prather and Clara L. Prather (by their guardian, Henry M.
Howard) against Edmond M. Bottorff
Judgment for Edmond M. Bottorff; partition ordered.
No explanation given of nature of suit; abstractor’s note that
“files are not in the Clerk’s Office.
No. 41 10/09/1896 – Judgment in civil action (No. 40 above). Court
found that Nancy J. Miller, Theora V. Jackson, Howard M. Prather,
Karminta Prather and Clara L. Prather were owners of real property;
that Nancy and Theora had an undivided 3/36th interest; that
Howard, Karminta and Clara each had an undivided 1/36th interest
and that Edmond M. Bottorff had the remaining 27/36th interest.
Property was partitioned with Edmond M. Bottorff receiving “2 roods
{rods} and 17 poles” in Section 51 and 23 acres in Section
69.
No. 42 12/16/1896 – Commissioner’s report on the property awarded
to Edmund M. Bottorff (see No. 41 above). Conveyed to him 17 acres
in Sections 51 and 69 and 2 roods. Nancy Miller, Theora V. Jackson,
Howard M. Prather, Karminta Prather and Clara L. Prather received
6-1/2 acres.
No. 43 12/16/1896 – Drawing on the division of Thomas Prather’s
land.
No. 44 05/26/1897 – Warranty Deed – Theora V. Jackson and her
husband John P. Jackson, Nancy J. Miller and her husband George R.
Miller, Howard M. Prather and his wife Nannie conveyed for $165.35
to Margaret Prather their undivided ½ interest in 6-1/2 acres
No. 45 11/27/1897 – Probate Order Book – Guardian of Clara L.
Prather petitioned the Court for permission to sell her real
estate.
No. 46 04/18/1898 – Guardian’s report: Sold real property for
$23.05 to Margaret Prather.
No. 47 04/18/1898 – Guardian’s deed. Sale of Clara’s interest in
the 6-1/2 acres to Margaret Prather.
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No. 48 03/09/1898 – Warranty Deed – Karminta Lentz and her husband
Walter S. Lentz conveyed Karminta’s undivided 1/9th interest in the
6-1/2 acres to Margaret Prather for $23.35.
No. 49 01/29/1908 – Warranty Deed – Margaret Prather (widow)
conveyed to Charles O. Prather, George E. Prather, Alvin Prather,
Laura A. Monson and Estella V. Talley the 6-1/2 acres for
$1.00
No. 50 01/29/1908 – Warranty Deed – Estella V. Talley and her
husband Melvin Talley conveyed for $1,900 to Charles O. Prather,
George E. Prather and Alvin Prather her undivided 1/5th interest in
the 6-1/2 acres plus two other tracts.
No. 51 01/29/1908 – Warranty Deed – Laura Monson and her husband P.
Clyde Monson conveyed for $1,900 to Charles O. Prather, George E.
Prather and Alvin Prather her undivided 1/5 interest in the 6-1/2
acres plus two other tracts.
No. 52 03/14/1908 – Warranty Deed – Charles O. Prather and his wife
Alice J., and Alvin Prather and his wife Anna R. Prather conveyed
for $3,333.33 to George E. Prather their undivided 2/3rd interest
in the 6-1/2 acres.
No. 53 11/24/1925 – Mortgage – George E. Prather and his wife Lula
M. Prather mortgaged these two subject tracts for $1,000 to Federal
Land Bank
No. 54 Undated drawing of Arnold’s land along Silver Creek,
Redman’s land along Pleasant Run, Thomas F. Prather and William J.
Prather’s lands. “From map Clark County, Ind. - 1875". Looks like a
tracing.
No. 10 02/27/1846 – Warranty Deed — Nicholas Miller and Jane P.
Miller (his wife) sold to Thomas F. Prather 57 acres set apart in
1838 as "Lot 2".
No. 11 12/14/1866 – Warranty Deed – Thomas F. Prather and Mahala
Prather (his wife) sold to William J. Prather the 57 acres acquired
by Thomas F. Prather on 02/27/1846, plus an additional parcel ("No.
1 of the caption").
No. 12 04/13/1900 – Warranty Deed – Loretta Hilton and William S.
Hilton (her husband) sold the Margaret Prather, George E. Prather,
Estella V. Talley, Laura A. Prather, Charles Otto Prather and Alvin
Prather 57 acres of "No. 1 of the caption", No. 10 above ("Lot 2)
of the Miller division and two other tracts. William J. Prather
died 03/17/1900 without a will; he was survived by the following
children: George E. Prather, Estella V. Talley, Laura A. Prather,
Loretta Hilton, Charles Otto Prather and Alvin Prather (all then
adults). He was also survived by his widow, ___________ (Loretta
Hilton?).
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No. 13 01/29/1903 – Warranty Deed from Margaret Prather (widow) to
Charles C. Prather, George E. Prather, Alvin Prather, Laura A.
Monson and Estella V. Talley conveying 57 acres of "No. 1 of the
caption"; undivided interest; $1.00 consideration..
No. 14 01/29/1908 – Warranty Deed from Estella V. Talley and Melvin
Talley (her husband) to Charles O. Prather, George E. Prather and
Alvin Prather; conveyed Estella's 1/5 undivided interest to her
brothers; consideration of $1,900
No. 15 01/29/1908 – Warranty Deed from Laura Monson and P. Clyde
Monson (her husband) to Charles O. Prather, George E. Prather and
Alvin Prather; conveyed Laura's 1/5 undivided interest to her
brothers; consideration of $1,900
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E:\CLARKCOGENWEB\SUMMARY OF ABSTRACT OF TITLE Prather Cabin in
Utica Township.wpd
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