State of Indiana
Shelby County In the Shelby Common
Pleas Court
Nov term 1871
The undersigned Elizabeth Smith
wife of Adam Smith
July A Schloer wife of Andrew Schloer
Margaret Rapp wife of Michael Rapp
Thomas I Colclazier [illegible insert - not a name]
Robert Rouse
Nancy Manch [?sp} Rouse
Franklin [looks like Fruelin] Rouse
Patty Rouse, the lawful children of Hannah Rouse deceased who was a daughter of Vance
Colclazier dec'd hereafter mentioned
and William O/D Colclazier,
George N/W Colclazier,
James Colclazier, the only lawful children of Joseph Cloclazier (sic) dec'd who is the lawful son
of said David Colclazier dec'd here in mentioned and they are heirs at law of David Colcalizer (sic)
dec'd Show to the Court that said David Colclazier departed this life intestate on the 24' day of Sept
1871 while a resident of Shelby County Ind and left surviving him the above named lawful children his
kins at law and that heretofor about on the 24' day of September 1856 and in the life time of said
David Colclazier he purchased from Michael Rapp the following described Real estate situated in
Shelby County Indiana to wit the NE1/4 of the SW1/4 of Sec 14 and (?) 13 R 7 E and received from
conveying said described tract of land to him from said Rapp of that date a copy of which deed is
herewith filed and they the said children and heirs at law of said David Colclazier say that said tract
of land was willed and devised to said Michael Rapp by John Caulkenbaugh who departed this life
on or about the year 1855 and on or about that time executed his last Will and Testament while a res-
ident of same County in and by which he Willed and devised to said Michael Rapp the tract of land
above described in the presence of and attested by his competent attesting witnesses who signed the
same as the true and ??? executor of said Will & at the time of the decease of said Calkenbaugh he
was the owner of said tract of land and that by the death of said testator and the fact (?) and effect of
said Will said Rapp became the owner of said land and that said Rapp after he became the owner
thereof conveyed the same to said David Colclaizer (sic) said dec'd by same deed and by reason of
the (?presenses) the said children and grandchildren herein named of said David Colclaizer decd each
own an interest in said lands as heirs at law of said David Colclaizer deceased and they say that said
Will has never been admitted to probate and they the undersigned children and heirs at law of said
David Colclaizer and that Henry Rapp and Rachel Rapp his wife who now reside in Shelby County
Indiana have the custody of said Will as they believe and know where said Will is reposited and re-
fuse to disclose the whereabouts of said Will wherefore they say that they are interested in said Will
and they pray the Court to order that a citation issue requesting said Henry Rapp and Rachel Rapp
to produce said Will before this Court at such time as the Court may deem reasonable that the said
may be truly proven and for the proper relief
July A Schloer
Elizabeth Smith, her mark
Margaret Rapp, her mark
Thomas Colclaizer, his mark
July A Schloer being sworn says that she is informed and believes that the Rachel Rapp mentioned in the
above petition knows the whereabouts of the Will --- the foregoing petition described and refuses to make
known the whereabouts of said Will. That said will is not in possession of any of the heirs at law of said
David Colclaizer decd above named and that said Rachel Rapp refuses to disclose the whereabouts of
said will. July A Schloer
Subscribed and sworn to before me this 11' day of Nov 1871.
John Elliott Clerk
Transcribed from the estate papers of David Colclasure (sic) dec'd, filebox 99, settled 1874, by
Phyllis Miller Fleming. The Rapp's were then cited to produce the will of John Calkenbaugh
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