John Pettit was born in New Jersey on 1 January 1773. He married 1) Sarah Morris, mother of his children, and married 2) Elizabeth Riley. See TPC Volume 1, Number 1, page 6 for some additional information. The following, received from Cris Reed (Rt. 1, Malta, OH 43758) is taken from Morgan County, Ohio Common Pleas Court Record Q and begins on page 166.
..at the Court House in the Town of McConnelsville, in the County of Morgan, in the Eighth Judicial District of the Court of Common Pleas of the State of Ohio, before the Honorable Lucius P. Marsh, Judge, on the 27th day of March in the year of our Lord one thousand eight hundred and sixty one, to wit; at the March Term of said Court in the year aforesaid.
John Newman Executor of )
John Pettit Decd Plaintiff )
against ) Civil Action
Elizabeth Pettit et al Defendants )
Be it remembered that heretofore, to wit; on the 22nd day of August A.D. 1860 the said plaintiff by his Attorney filed in the Office of the Clerk of said court his certain petition against the said Defendants, which said Petition is in writing and reads as follows, to wit:
The State of Ohio Morgan County
Court of Common Pleas 1860
John Newman Executor of the last Will and )
Testament of John Pettit deceased, Plaintiff )
against ) Petition
Elizabeth Pettit, Marcellus Pettit, Ephraim )
Pettit, Henry Pettit, David Pettit, William )
Pettit, Thomas D. McNalley, Levi Pettit )
Teresa Pettit, Michael Pettit, James D. Pettit, )
William Pettit, Elizabeth Pettit, Elizabeth )
Appleman, Margaret Appleman, Lucinda )
Appleman, Mary Appleman, Sarah E. Appleman )
John H. Appleman, Mary Newman, David )
Newman, Ann Saylor, John McNalley, and )
Silas Saylor Defendants )
The Plaintiff respectfully shows to the Court that on or about the [blank] day of April A.D. 1858 John Pettit, of whose estate the said Plaintiff is Executor, died having first made his last will and testament, which said Will was duly admitted to Probate by the Probate Court of said County after the death of said decedent and on or about the 24th day of April A.D. 1858; by the terms of which said Will said Testator provided among other things that as soon as practicable after his decease the real estate of said decedent should be sold and the proceeds arising from said sale should be applied in the manner following, to wit: 1st That the sum of Five Hundred Dollars should be [____] at interest and the interest applied to the support and maintenance of his wife Elizabeth Pettit first above named in lieu of her Dower and that at her death the sum should be equally divided among the legal heirs and their representatives of said decedent. 2nd That the remainder of the proceeds of said sale should be equally divided among said heirs and their representatives.
Your Petitioner further said that the said Elizabeth Pettit did not elect to take under the provisions of said Will, but on the contrary has had her Dower in said lands set off and assigned by the order and decree of this Court.
Your Petitioner further says that the total value of the personal effects of said Decedent except as specifically bequeathed in said Will as nearly as can be ascertained is one hundred and fifty dollars and that about that amount can be realized therefrom. That the amount of debts owing by said decedent as nearly as can be ascertained amounts to Two hundred dollars and the charges of executing said last Will and testament to the sum of one hundred dollars and that said personal estate and effects are insufficient to pay said debts and expenses.
Your Petitioner further says that the said Decedent died seized in fee simple of the following real estate situate in said Morgan County, Ohio, and known and designated and described as follows, to wit: The West half of the South east quarter of Section number Fifteen (15 in Township number ten of Range number twelve (12) in the Zanesville Land District containing Seventy seven and 86/100 acres.
Your Petitioner further says that the said Silas Saylor has purchased[?] the interest of Job Pettit, one of the children of said John Pettit deceased in said lands, and is now the owner of our distributive share in said lands, and that the said Ann Saylor, wife of said Silas Saylor, Mary Newman, wife of David Newman, are children of said decedent and reside in Morgan County, Ohio that said David Pettit is also a child of said decedent and resides in the state of Indiana. That said William Pettit first named is a son of said decedent John Pettit and resides in the state of Iowa - That the said Ephraim, Marcelles, Henry, Levi, and Teresa are the children of Thomas Pettit deceased and grandchildren of said decedent John Pettit and that their place of residence is unknown --That the said Michael and James D. Pettit and the said Elizabeth and William Pettit first named as defendants to this Petition and children of Allen Pettit deceased, and grandchildren of said John Pettit deceased and reside in the state of Indiana. That the said John McNalley and Thomas D. McNalley are the children of Sarah McNalley and Grand children of said John Pettit deceased and reside in Pike County, Ohio, and that the said Mary Appleman, Sarah E. Appleman, and Lucinda Appleman are the children of Beula Appleman deceased and Grand children of said John Pettit deceased and reside in the State of Missouri.
Your Petitioner therefore asks the Court to order that your Petitioner, as such[?] Executor proceed to [c___se] said lands to be appraised advertised and sold subject to said Dower of said Widow in accordance with the form of the Statute requiring the sale of the lands of deceased persons by Executors and Administrators to pay debts, and that the Court will also make such further [sic] order with regard to the distribution of the proceeds of said sale as the circumstances of the case and justice to all the parties hereto may require.
F.B. Pond, Atty for Pltff.
[Entries continue through page 173 documenting the appraisal, advertising and eventual sale of the land on 12 January 1861 to Samuel Miller for the sum of $1600.25.]