Filing of Petition for Partition of Property in St. Louis Co., Missouri 1832
submitted by Dan & Marilyn Devaney
SOURCE-FILING OF PETITION
FOR PARTITION OF PROPERTY IN ST. LOUIS CO., MISSOURI:
Taken from records at the Missouri Historical Society.
No 98
St. Louis Circuit Court
March Term 1832
Carrico representations
Petition for Partition
Petition & Answer to be filed
and judgment entered by
consent
Commissioners
Francis Nash
Cumberland James
John Patterson
Filed April 11 1832
Document 1 page 1 & Document 1 page 1a
Document 2 page 1 & Document 2 page 2a
To the Honorable the Circuit Court of the County of St. Louis the petition of Asa Carrico, James Carrico, Reuben Musick and Lydia Musick his wife, Moses Martin, Felix Carrico, Silas Carrico by Burr Fugate his guardian, Rhoda Martin, Susan Martin, Polly Martin, Lydia Martin, Vincent Martin and George Martin by Moses Martin their father and next friend respectfully represents
That Vincent Carrico Senior formerly of the County of St. Louis died seized of a certain tract of land in the said County on which he resided at the time of his death, and which he had purchased from one John Brown containing as was computed at the time of said purchase six hundred arpens. This tract is situated on what is called the River St. Ferdinand or cold water creek and is bounded partly by Cold water creek on the South, westwardly by the land of John Patterson, northwardly by land of James Coryale and Frederick Hyatt, Eastwardly by the land of George Proctor.
Your petitioners represent that the said Vincent Carrico by his last will devised the said tract of land to his son Vincent Carrico Junr and his daughter Lydia Carrico now Lydia Musick to be equally divided between them as it respects quantity and quality and timber and to be divided so that Vincent Carrico's part should include the dwelling house and improvement near it and the said Lydia's part to include the improvements next to the creek.
Your petitioners represent that the said Vincent Carrico Junr departed this life intestate and without issue leaving as his heirs and legal representatives his brothers Asa Carrico, James Carrico, Daniel Carrico, Benjamin Carrico, Walter Carrico, Felix Carrico and Silas Carrico and his sisters Lydia Musick, Melinda Carrico and Elizabeth Martin entitled to the said interest in said land so devised to him by his father Vincent Carrico.
Your petitioners further represent that the interest in the said land which descended from the said Vincent Carrico Junr to Daniel Carrico, Walter Carrico, Benjamin Carrico, and Melinda Carrico has been conveyed to and been vested in John Evans and that the interest in said land that descended to Elizabeth Martin has by the death of the said Elizabeth been vested in Moses Martin her husband as tenant by the curtesy and in her children Rhoda, Susan, Polly, Lydia, Vincent, and George petitioners as above.
Your petitioners further state that the interest which descended from Vincent Carrico Junr to his sister Lydia Musick has been conveyed to and been vested in the said John Evans.
Wherefore your petitioners pray that the said tract of land may be divided by commissioners to be appointed by this Honorable Court so that the partition may be made according to the will of the said Vincent Carrico Senr between the said Lydia Musick's part and the said Vincent Carrico Junr's part and that the share of the said Vincent Carrico Junr may be divided between his present legal representatives according to their respective rights above set forth.
Asa Carrico
James Carrico
Reuben Musick &
Lydia Musick
Felix Carrico
{Silas Carrico by
{Burr Fugate his Guardian
{Rhoda Martin
{Susan Martin
{Polly Martin
{Lydia Martin
{Vincent Martin
{George Martin by
{Moses Martin their next friend
Moses Martin Jr.
by H. R. Gamble their Atts--
Asa Carrico
James Carrico
Reuben Musick &
Lydia Musick his wife
Felix Carrico
Silas Carrico by Burr
Fugate his Guardian
Rhoda Martin
Susan Martin
Polly Martin
Lydia Martin
Vincent Martin
George Martin by
Moses Martin father
& next friend
John Evans
And the said John Evans for answer to the petition of the above petitioners says that the facts therein stated are true and he this defendant consents that partition be made of said land as prayed.
John Evans
Taken from records at the Missouri Historical Society.
No 98
St. Louis Circuit Court
March Term 1832
Carrico representations
Petition for Partition
Petition & Answer to be filed
and judgment entered by
consent
Commissioners
Francis Nash
Cumberland James
John Patterson
Filed April 11 1832
Document 1 page 1 & Document 1 page 1a
Document 2 page 1 & Document 2 page 2a
To the Honorable the Circuit Court of the County of St. Louis the petition of Asa Carrico, James Carrico, Reuben Musick and Lydia Musick his wife, Moses Martin, Felix Carrico, Silas Carrico by Burr Fugate his guardian, Rhoda Martin, Susan Martin, Polly Martin, Lydia Martin, Vincent Martin and George Martin by Moses Martin their father and next friend respectfully represents
That Vincent Carrico Senior formerly of the County of St. Louis died seized of a certain tract of land in the said County on which he resided at the time of his death, and which he had purchased from one John Brown containing as was computed at the time of said purchase six hundred arpens. This tract is situated on what is called the River St. Ferdinand or cold water creek and is bounded partly by Cold water creek on the South, westwardly by the land of John Patterson, northwardly by land of James Coryale and Frederick Hyatt, Eastwardly by the land of George Proctor.
Your petitioners represent that the said Vincent Carrico by his last will devised the said tract of land to his son Vincent Carrico Junr and his daughter Lydia Carrico now Lydia Musick to be equally divided between them as it respects quantity and quality and timber and to be divided so that Vincent Carrico's part should include the dwelling house and improvement near it and the said Lydia's part to include the improvements next to the creek.
Your petitioners represent that the said Vincent Carrico Junr departed this life intestate and without issue leaving as his heirs and legal representatives his brothers Asa Carrico, James Carrico, Daniel Carrico, Benjamin Carrico, Walter Carrico, Felix Carrico and Silas Carrico and his sisters Lydia Musick, Melinda Carrico and Elizabeth Martin entitled to the said interest in said land so devised to him by his father Vincent Carrico.
Your petitioners further represent that the interest in the said land which descended from the said Vincent Carrico Junr to Daniel Carrico, Walter Carrico, Benjamin Carrico, and Melinda Carrico has been conveyed to and been vested in John Evans and that the interest in said land that descended to Elizabeth Martin has by the death of the said Elizabeth been vested in Moses Martin her husband as tenant by the curtesy and in her children Rhoda, Susan, Polly, Lydia, Vincent, and George petitioners as above.
Your petitioners further state that the interest which descended from Vincent Carrico Junr to his sister Lydia Musick has been conveyed to and been vested in the said John Evans.
Wherefore your petitioners pray that the said tract of land may be divided by commissioners to be appointed by this Honorable Court so that the partition may be made according to the will of the said Vincent Carrico Senr between the said Lydia Musick's part and the said Vincent Carrico Junr's part and that the share of the said Vincent Carrico Junr may be divided between his present legal representatives according to their respective rights above set forth.
Asa Carrico
James Carrico
Reuben Musick &
Lydia Musick
Felix Carrico
{Silas Carrico by
{Burr Fugate his Guardian
{Rhoda Martin
{Susan Martin
{Polly Martin
{Lydia Martin
{Vincent Martin
{George Martin by
{Moses Martin their next friend
Moses Martin Jr.
by H. R. Gamble their Atts--
Asa Carrico
James Carrico
Reuben Musick &
Lydia Musick his wife
Felix Carrico
Silas Carrico by Burr
Fugate his Guardian
Rhoda Martin
Susan Martin
Polly Martin
Lydia Martin
Vincent Martin
George Martin by
Moses Martin father
& next friend
John Evans
And the said John Evans for answer to the petition of the above petitioners says that the facts therein stated are true and he this defendant consents that partition be made of said land as prayed.
John Evans
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