Here is the whole story.
On 7 July 1831, Book A & B of deeds, Peter Luther, administrator of
the
estate of George P. Luther, deceased, of Clay county of the first
part, sells
to Joseph Luther of the other part ... land... north 1/2 of the West
1/2 of
the Northwest 1/4 of section 36 Township 11 North of range sixth
West...
according to the said patent containing 40 acres the division line in
the
center as near as can be.... This deed was witnessed by Simon Archer
and
William Luther. Note that the fact that there was an administrator of
the
estate indicates there was no will made by George P. Luther. I
believe Peter
and William Luther were the brothers of George P. Luther. Joseph
Luther was
probably another brother. In this deed, Joseph has bought 1/2 of
George's
patent.
There was a land patent to George "B" Luther on 20 May 1826 by
President John
Quincy Adams for 80 acres.
Note that the children of George were all quite young when he died,
about
1829 or 1830. It appears that each child received a payment as his
share of
the estate as he became of age.
In book E, p. 153, 10 February 1841, Francis Luther sells to Calvin
Luther
for $20 the equal and undivided legacy of the said the Francis Luther
to the
South 1/2 of the West 1/2 of the Northwest 1/4 of section 36 in
Township 11
North of range 6 West containing 40 acres more or less, being the 1/6
part
of the remainder of said land. Then, on sixth Nov. 1841 Calvin Luther
sells
to Joseph Luther for $30 two equal and undivided parts of the South
1/2 of
the Northwest 1/4 of section 36, Township 11 North, range sixth West
containing 40 acres it being 2/6 of said tract as heirs of the estate
of
George P. Luther, late of Clay County, deceased. Note that this
transaction
specifies that the land had been divided into six portions. From
the 1830
Census, it appears that Sarah Luther had six children, which land
records
tend to confirm.
I had thought Sarah was widowed again by 1840 because there is a
listing for
Sarah Comer in 1840 (2112/001111). I had interpreted this to mean
that her
three Luther children were still at home, and that she had three more
boys
from her Comer marriage. Then I found Sarah and Matthew Comer in the
1850
census for Clay County, with a ten-year-old George Luther in the
household.
So I don't know what happened to the three boys that were there in
1840.
In another land record dated 20 March 1841, in which Matthew and wife,
Sarah
Comer and Calvin Luther of Clay County sold to Joseph Luther 10 acres
that
had been set aside to Sarah as her dower from the estate of George
Luther,
deceased. Actually, this turned out to be a mortgage, with the land
given as
security to pay a lawsuit. "... For the lawful stay of execution on a
judgment rendered by the said Justice on the 5 March 1841, in favor of
Purnell Chance and Tillman Chance for the sum of $21.30 against the
said
Matthew and Sarah Comer and Calvin Luther and also the cost amounting
to
$5.50..." The land is described as 10 acres, one-third of South 1/2
West 1/2
NW 1/4, Section 36, Township 11 North, range six West. It is bounded
on the
North and South by the heirs of George Luther and Samuel Luther, and
on the
West and on the east by Congress land. The above deed shall be void
if the
amount of the judgment plus costs is paid. Witnesses are Henry Downs
and
James Luther.
This deed indicates that Matthew Comer was indeed the husband of Sarah
Luther, and that he was living in 1841. Where he was in 1840, I don't
know.
Since the Comer family research indicates that Matthew remarried in
1852, it
seems likely to me that Sarah had died by that time.
On 24 June 1844, Sinthia Keziah Of Clay County sells to Joseph Luther
for the
sum of $15 all right in the a certain tract of land derived through
George
P. Luther, being the West 1/2 of the Northwest 1/4 of section 36,
Township 11
North, range sixth West, containing 80 acres. This was recorded 16
October
1844.
On 29 March 1849, William Luther Jr. and Eliza Luther, his wife, James
Madison Luther, and Sarah Comer of the first part, for and in
consideration
of 30 dollars to them paid by Joseph Luther the following real-estate:
the
West 1/2 of the Northwest 1/4 of section 36 in Township 11 North,
sixth West,
or the undivided interest of the said party of the first part as the
legal
heirs of George P. Luther, deceased. Eliza Ann Luther and Sarah Comer
relinquish their dower. It is specified that Sarah was the former wife
of
George P. Luther. This makes it clear that she has remarried.
One thing that has confused some readers is that designation of
William
Luther as a junior. Since I first found this record, I have learned
that a
man might be called junior if there was another man in the
neighborhood of
the same name who was older than he was, whether they were father and
son or
not. Also, some people have wondered if Eliza might have been the
daughter
of George P., rather than William having been the son of George P.
--in other
words, a Luther married a Luther. However, the fact that she has
relinquished her claim on the land would have been done just because
they
were married, not because she was the daughter or the heir. I found
William
Luther aged 25 in this census, wife Eliza aged 23. I also studied the
family
of William Luther, age 45 in 1850. Going back to the 1830 and 1840
census,
it looks to me like he only had one son, Jable, in that age range.
From this
I conclude that William who relinquished the land was the son of
George P.
Luther.
Finally, Alley Luther Hicks is shown to be a child of George "B"
Luther by
the land record in Book I p 155, dated 25 Jun 1851, recorded 26 Jun
1851.
They sell to Joseph Luther for $15, 1/6 interest in the W 1/2 NW 1/4
Sec 16
Twp 11 N Range 6 west.
==== INCLAY Mailing List ====
Be sure to visit the InGenWeb site for links to all Indiana Counties;
http://www.ingenweb.org/
________________________________________________________________
YOU'RE PAYING TOO MUCH FOR THE INTERNET!
Juno now offers FREE Internet Access!
Try it today - there's no risk! For your FREE software, visit: