FIRST DRAFT OF 06/12/2003 Summary not to be relied upon as "primary documentation" SUMMARY 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 No. 2 No. 3 No. 4 No. 5 No. 6 No. 7 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 07/19/1788 500 acres surveyed for John Montgomery 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 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 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." "Estate of John Miller, deceased." {complete entry} 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. 1
FIRST DRAFT OF 06/12/2003 Summary not to be relied upon as "primary documentation" 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 No. 10 07/07/1831 Probate Order Book "B", page 99 Henry Lutz gave bond and became guardian of Mary Ann Miller and Louisa Miller. 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. 2
FIRST DRAFT OF 06/12/2003 Summary not to be relied upon as "primary documentation" 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 No. 13 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}. 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 No. 15 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 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, 3
FIRST DRAFT OF 06/12/2003 Summary not to be relied upon as "primary documentation" 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 No. 19 No. 20 No. 21 No. 22 No. 23 No. 24 04/08/1789 Commissioners' Deed to William Croghan, his heirs and assigns, of the above 500 acres 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 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 05/13/1822 Warranty Deed from Benjamin Redman to John Odem of approximately 49 acres of his portion of Section 69; consideration of $700 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 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" 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} 4
FIRST DRAFT OF 06/12/2003 Summary not to be relied upon as "primary documentation" No. 26 No. 27 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. 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. 5
FIRST DRAFT OF 06/12/2003 Summary not to be relied upon as "primary documentation" 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 No. 35 No. 36 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). 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. 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. 6
FIRST DRAFT OF 06/12/2003 Summary not to be relied upon as "primary documentation" Children of ISAAC PRATHER and LOUISA MILLER are: i. HOWARD MERRICK 16 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 No. 43 No. 44 No. 45 No. 46 No. 47 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. 12/16/1896 Drawing on the division of Thomas Prather s land. 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 11/27/1897 Probate Order Book Guardian of Clara L. Prather petitioned the Court for permission to sell her real estate. 04/18/1898 Guardian s report: Sold real property for $23.05 to Margaret Prather. 04/18/1898 Guardian s deed. Sale of Clara s interest in the 6-1/2 acres to Margaret Prather. 7
FIRST DRAFT OF 06/12/2003 Summary not to be relied upon as "primary documentation" 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 No. 51 No. 52 No. 53 No. 54 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. 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. 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. 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 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 No. 11 No. 12 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". 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"). 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?). 8
FIRST DRAFT OF 06/12/2003 Summary not to be relied upon as "primary documentation" No. 13 No. 14 No. 15 No. 16 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.. 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 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 03/14/1908 Warranty Deed from Charles O. Prather and Alice J. Prather (his wife) and Alvin Prather and Anna R. Prather (his wife) to George Prather; conveyed their undivided 2/3 interest in Tracts Nos. 1 and 2 to their brother; consideration of $3,333.33 # # # E:\CLARKCOGENWEB\SUMMARY OF ABSTRACT OF TITLE Prather Cabin in Utica Township.wpd 9