"(1)
That Henry C. Northrop, being an inhabitant of Multnomah
county, Or., died in said county on the 27th day of June
1870, seized and possessed, at the time of his death, of
the undivided half of the whole tract of land described in
the complaint herein, and J.C. Van Renssalaer was seized
and possessed of the other undivided half.
"(2)
That said Henry C. Northrop left surviving him his lawful
wife, Mattie V.I. Northrop, and the following-named living
children, to-wit, William N. Northrop, Sarah Ella Northrop
now called in the complaint Ella Middleton, and Courtland
J. Northrop; and there was born of his said wife, Mattie
V.I., after his death, a lawful child of said Henry C.
Northrop, on the 18th day of February, 1871, which child
was named Hettie Northrop, and died on April 15, 1873.
"(3)
That the sole heirs at law of said Hettie Northrop,
deceased, were her mother, said Mattie V.I., and her
brothers and sisters named in finding No.
2
above; and said Mattie V.I. died intestate on the 14th day of
January, 1874, leaving surviving her the three children above
named, to-wit, William and Courtland J. Northrop and Ella
Middleton, (then Ella Northrop,) who are the sole heirs at
law of Mattie V.I., as well as of said Hettie.
"(4) That on the 11th day of June, 1870, said Henry
C. Northrop made his last will and testament, of which a copy
(omitting formal parts) reads as follows: 'First. I
hereby constitute and appoint my beloved wife, Martha V.I.
Northrop, to be executrix, and my beloved brother-in-law,
Leander Quivey, to be my sole executor, of this, my last will
and testament, directing them to pay all of my just debts and
funeral expenses out of my estate. Second. I hereby give,
devise, and bequeath unto my said beloved wife, Martha V.I.
Northrop, lot No. (1) one, in block No. two hundred and
three, (203,) in the city of Portland, aforesaid, the same
being the homestead which we now occupy, and also all my
goods, furniture, clothing, silver-ware, pictures, and
jewelry, to be received and held by her as her own property
in her own right forever. Third. It is my will and I do
hereby direct, authorize, and empower my said beloved
executrix and executor to sell at private or public sale, at
such time or times and at such prices as they shall deem
expedient, all the rest and residue of my real estate, or
such part thereof as they may deem advisable, and the avails
thereof to place at interest or reinvest, and the rents,
issues, and profits thereof apply to the support of my said
beloved wife, and the support and education of my said
beloved children, hereinafter named, until they become
twenty-one years of age. Fourth. All my property, except such
portion thereof as is hereinbefore given, devised, or
bequeathed to my said beloved wife, or the avails thereof in
case of sale as aforesaid, and all the rents, issues, and
profits thereof, except such as may be consumed in the
support of my said beloved wife, and in the support and
education of my beloved children, hereinafter named, I hereby
give, devise, and bequeath unto my said beloved wife, and to
my beloved children, Sarah Ella Northrop, William N.
Northrop, and Courtland J. Northrop, share and share alike;
the shares of my beloved children to be paid over to them by
my said executrix and executor as such children shall become
twenty-one years of age.' Which said will was duly
admitted to probate in the county court of Multnomah county.
"(5)
On the _______ day of July, 1870, the executors
of said last will filed in the said county court a petition
for an order to sell the property of said Henry C. Northrop,
deceased, of which a copy reads as follows:
"
'The undersigned, executrix and executor of the last
will and testament of Henry C. Northrop, deceased,
respectfully represents unto this honorable court that said
deceased, by his last will and testament, intended to and
did provide for the support of his widow, and the support
and education of his children, from the revenue of the
avails of his real estate not devised, as by reference to
his last will and testament, admitted to probate and on
file in this court, will fully and at large appear; that
there is no personal property of the estate of said
deceased, exempt from execution, not bequeathed by said
last will and testament, to be set apart for the support of
the widow and children of said deceased; and that all of
the property of said estate not so bequeathed is
insufficient to pay the debts and testamentary expenses of
said estate, although the estate of said deceased is
sufficient, as we believe, after the payment of all debts
and liabilities, to afford a reasonable support to such
widow and children. Wherefore, and because the widow and
children of said deceased are and will be without the means
of support except from the the sale of such real estate,
the undersigned pray that the personal property of the
estate of said deceased be sold by said executrix and
executor, at public or private sale, in their discretion,
and the proceeds thereof be applied towards the settlement
of said estate; and also that the following described real
estate be also sold, by such executrix and executor,
agreeable to the statute in such
case made and provided, and the proceeds be reinvested or
placed at interest, and the rents, issues, and profits, and
increase be applied to the support of the widow, and the
support and education of the children, of said deceased.
Said real estate of said deceased not devised,
and herein placed to be sold, is described as follows,
to-wit: The undivided half of lot number five, in block
number one hundred and twelve, in the city of Portland, in
the county of Multnomah, in the state of Oregon. Also the
undivided half of three hundred and twenty acres, more or
less, of land, situate in Marion county, in the state of
Oregon, in township six south, of range two west, deeded by
Anson Mohart and wife to Henry C. Northrop and J.C. Van
Renssalaer, and covered by notification No. 395. And also
the undivided half of all that part of the donation land
claim of Thomas Stephens, in the county of Multnomah, in
said state, beginning at the south-east corner of said land
claim, and running thence west eighty chains; thence north,
at right angles with said last-mentioned line, thirty-six
chains and twenty-five links; thence east, parallel with
said first-mentioned line, seventy-six chains and
twenty-five links, to the south bank of the Willamette
river; and thence south, following the meanderings of said
river, to the place of beginning,--containing 271 1/2
acres, less the amount thereof heretofore sold by deceased
and J.C. Van Renssalaer, amounting to about ten acres, more
or less. And also the west half of the north-east quarter,
and the east half of the north-west quarter, of section
twenty-eight, in township one south, of range one east, in
the Willamette land-district, in said state, containing 160
acres of land. The undersigned, Mattie V.I. Northrop, aged
twenty-eight years, is one of the legatees and heirs of
said deceased; and Sarah E., aged eight years, William N.,
aged six years, and Courtland J. Northrop, aged two years,
are the children and sole remaining heirs and legators of
said deceased; and all reside in the city of Portland, in
said county of Multnomah. All of which is respectfully
submitted. MARTHA VI. NORTHROP, Executrix. LEANDER QUIVEY,
Executor.
"
'State of Oregon, Multnomah County--ss.: I, Leander
Quivey, one of the petitioners in the foregoing petition,
being duly sworn, say that I verily believe that the foregoing petition, by me subscribed, and the
matters and things therein contained, are true. Subscribed
and sworn to this 18th day of July, A.D.1870. C.W. PARRISH,
Clerk. By JAMES W. DAVIS, Deputy.'
"(6)
On which petition said county court, on the 1st day of
August, 1870, made an order in words and figures following
to-wit: 'In the Matter of the Estate of Henry C.
Northrop, Deceased. Now, on this day, based upon the
application of the executrix and executor of the last will
and testament of Henry C. Northrop, deceased, heretofore
filed in this court, it appearing to the court that Martha
V.I. Northrop, widow, Sarah E., William N., and Courtland
J. Northrop, children, of said deceased, have been duly
served with citation more than ten days before the first
day of this term of this court, and William P. Doland,
heretofore appointed guardian ad litem for each of said
children, having appeared, and being satisfied that the
sale prayed for in said application is authorized by the
last will and testament of said deceased, and that no
reason exists why the prayer of said petitioners should not
be granted, and the court having duly considered said
premises, and being satisfied that said petition, and the
matters and things therein contained, are true, and that
the prayer of said petition ought to be granted, it is
therefore hereby ordered by the court that Martha V.I.
Northrop, executrix, and Leander Quivey, executor, of the
last will and testament of Henry C. Northrop, deceased, be,
and they are hereby,...
