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The following document and transcription states who are the rightful beneficiaries of Andrew McIntire’s property at the time of his death.  It is helpful in sorting out who his children are, their spouses and others within the family circle.  It has been gently transcribed and enlarged for better readability and to reflect correct name spellings.  There is a sentence indicating where Edna/Wilna found an error, which has been noted.  What is unclear is why it took forty years from Oath sworn (1906) to Recorded (1946).  

MISCELLANEOUS RECORD 37:240/241, Clinton Co., IN

Joseph McIntire, first being duly sworn, upon his solemn oath, says:  That he is a son of Andrew McIntire, who entered the west half of the north east quarter of section 8, township 20 north, or range 1 east; that the said Andrew McIntire died, intestate, on or about the 3rd day of September 1876 leaving surviving him as his sole and only heirs at las, his widow, Rebecca McIntire and the following named children, to wit:

Leroy McIntire, Mahlon McIntire, Eli McIntire, William McIntire, Joseph McIntire, this affiant, George McIntire, Albert McIntire, Andrew McIntire, Jane McIntire intermarried with on Thomas Carpenter, Alexander McIntire, a deceased son of said decendent, Lewis McIntire, Caroline McIntire intermarried with one Amos Williams, that the said Alexander McIntire died prior to the death of Andrew McIntire and left surviving him as his sole and only heirs at law, his widow Lovina McIntire and the following named children, to wit:

Olive M. Greeson, a daughter, Mahlon L. McIntire, Harvey D. McIntire, Martin L. McIntire and Joseph A. McIntire.  That the said Lewis McIntire died prior to the death of the said Andrew McIntire and left surviving him as his sole and only heir who join with them in the deed dated 23 March 1880 to Thomas D. Russell, recorded in Deed Record 50:386 of the Records of Deds of said county, were the wives of the said William G. and Lewis McIntire.  Affiant further says that Mahlon McIntire mentioned in the caption of the partition proceedings as appears in Partition Record C:360 and Mahlon McIntire mentioned elsewhere in said proceedings are one and the same identical person.  Affiant further says that Jane Carpenter mentioned in the summons issued in said proceedings and James Carpenter mentioned in the summons issued in said proceedings and James Carpenter mentioned in the return of the said summons in said proceedings are one and the same identical person. Affiant died on or about the year 1885.  Affiant further saysthat Rebecca McIntire, widow of Andrew McIntire and mother of this affiant died on or about the year 1885.  Affiant further says that [Martin L. McIntire] and Lovina, two of the grantors in the deed dated Jan 27, 1880, to Thomas E. Russell and recorded in Book 51, page 127 of the Records of Deeds of said county, were unmarried at the date of signing said deed, to wit:  January 27, 1880. (**note, this paragraph is confusing and Edna wrote in the margin “No–married 1846-Alex d. 1855”)

Affiant further says that Caroline Williams and her husband Amos Williams, died prior to the death of Andrew McIntire and left surviving her as her sole and only heir at law, Martha Chazere, her daughter.  Affiant further says Caroline Williams died, intestate, and that the estate of the said Caroline Williams was never administered on to the knowledge of this affiant, that the same was settled out of Court and all the debts of the said Caroline Williams were fully paid and satisfied.  Affiant further says that Lewis McIntire and Alexander McIntire, brothers of this affiant, died, intestate, and that their estates were never administered upon to his knowledge and all the debts of the said Lewis McIntire and Alexander McIntire were fully paid and satisfied.  Affiant further says that Martha Chazere died, prior to the 29th day of July, 1886.  Affiant further says that Darius McKinsey, Levina Miller, Henry Miller, Capitola Russell, Oscar Russell, Thomas Russell, Truman McIntire, Amanda McIntire, Francis McIntire, Nancy Nealis, Jemima McKinsey, Lovina McIntire, John McIntire, Alba Leslie, who, summons was issued on and notice by publication were had in the partition of the estate of Andrew McIntire, father of this affiant, that the said parties last above named never owned or had any interest in the lands of his dec’d father; that they were children and their husbands of a brother of Andrew McIntire; that they were this affiant cousins; that he knows of no reason why said summons and notice of publication were had on said parties.

Signed:  Joseph McIntire

Oath sworn, 22 Jan 1906; recorded 5 Feb 1946 at 9:40 A.M.

William A Brookie, Rcdr, CCC

Record of Proceedings

Typed legal document titled Miscellaneous Record 37 from Clinton Co., IN, listing heirs of Andrew McIntire and related land deeds.
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