On October 10, 1840 the East half of the NE Qrtr of Section 23, Township 9 S, Range Two East was purchased by Samuel Aikman at the land office in Shawneetown under the administration of Martin Van Buren. Samuel bought 640 acres; each acre priced at $1.25 an acre mostly in sections 13, 23 and 24. One of Samuel’s sons, John A. died in 1845 followed by Samuel’s death in 1849.
In March 1852, three years after the death of Samuel Aikman a Petition for Partition was filed by Patrick H. Lang and Sarah Lang, formerly Sarah Aikman (Samuel’s daughter) Vs. The Heirs of Samuel Aikman (All of his remaining children and heirs).
When someone owns real estate with another person, or many individuals own it together, they often disagree about how it should be sold, at what price, or whether one person should buy out the others. This often occurs when someone dies, leaving the real estate to multiple owners. In such a situation, there is a proceeding called a Petition to Partition. This allows at least one of the individual owners to petition the court to divide the property and force a sale. When this process is initiated, a notice is issued by the court and served upon all owners of the property, as well as anyone who may have an interest in it, such as a lien holder or the holder of a mortgage. In most cases, a probate court judge will then appoint an attorney to serve as the commissioner. This commissioner’s duties and responsibilities are to market the property, locate a buyer, usually with the help of a realtor, and sell it. Distribution of the net proceeds is then made to the individuals in the shares to which they own the property.
This process is somewhat time consuming and expensive, as most of the owners usually engage their own lawyer. Naturally, anybody who doesn’t want this matter to proceed may file an objection with the probate court, but normally, their objection will be overturned, as the other owners have a right to force the sale of the property.
These situations often occur when a family can’t agree on the terms of the sale itself. In many cases, however, a family is unable to agree or communicate in any fashion that would allow the matter to proceed uncontested, and therefore, the partition proceeding is necessary in order to force the sale on behalf of the uncooperative or disagreeable heirs.
The Petition to Partition proceeding should be viewed as a last resort when there is basically no cooperation among family members. All parties must understand that there will be significantly more expense and time delay, and their property may in fact be sold to an unwanted buyer at a lower than anticipated price. However, whenever there is a forced sale of property, there is usually a line of buyers available who know that the property must be sold due to lack of sufficient funds to pay the taxes, insurance, utilities, etc.
In this Petition, dower and homestead has been assigned to Nancy Aikman, widow of Samuel, out of lands not contained in this abstract. A dower is a guarantee that the homestead and at least some of the property will be granted to the wife should the husband die without a will.
In a Partition Commissioner’s report filed September 1852, portions of the land were separated off to the heirs of Samuel Aikman. The East half of the NE portion of Section 23 containing 80 acres was assigned to Eliab Aikman (one of Samuel’s sons).
On September 11, 1852, the NE ¼ of the NE Quarter of Section 23 consisting of 40 acres was immediately sold off to Robert M. Hundley for the sum of $200 and was filed on December 18, 1852.
On December 12, 1853, Robert M. Hundley and his wife Harriet S. sold the North half of the NE Quarter of Section 23 consisting of 80 acres to John M. Edwards and Isham Blankenship for the sum of $2,000. Isham Blankenship was a farmer born in 1821 in Monroe County Tennessee. He arrived in Williamson County around 1850. He is the grandfather of Earl Blankenship, Sr. who founded E. Blankenship Auto parts.
On December 22, 1855, Isham Blankenship and his wife Martha, sold their share of the NE ¼ of the NE ¼ consisting of 40 acres to their partner John Edwards for $1,000 which is what it had cost when they bought it in 1853. This deed was filed April 16th 1858.
On February 25, 1858, John M. Edwards and his wife Susan sold the same property, the NE ¼ of the NE Quarter of Section 23 consisting of 40 acres to James T. Goddard for $3,000. This deed was filed on May 14, 1858.
On April 1, 1867, James M. Goddard (his son) was appointed Conservator of the estate of James T. Goddard due to his father’s insanity. A conservatorship can be set up after a judge decides that a person (called a “conservatee”) cannot take care of him/herself or his/her finances. A judge will choose another person or organization (called the “conservator”) to be in charge of the conservatee’s care or finances, or both. A conservator can be a family member, friend, or professional. When J.M. Goddard, the conservator, died on June 27, 1870 it left James T. Goddard’s estate without a conservator. A petition was made by family members to assign another and on July 1, 1870, William R. Hall was appointed conservator by the County Court. On May 9, 1876, William Hall resigned and was replaced by John B. Bainbridge (son in law) until he resigned on February 26, 1878. On that date Henry T. Goddard (son) was appointed until he was replaced by L.A. Goddard (son).
On November 15, 1886, L.A. Goddard petitioned the court, reciting the death of James T. Goddard on Oct 29, 1886 and asked to be appointed administrator of the estate and was appointed by the court. James T. left no widow, and left Josephine Bainbridge, Julia A. Harwood, Henry T. Goddard and L.A. Goddard his children, and three children of James M. Goddard, his deceased son.
On December 20, 1886, an inventory was made and recorded of the possessions of the deceased by the administrator except for real estate, but instead filed the following report:
“In the matter of the Real Estate: The undersigned would say that the deceased had been confined in the insane asylum for almost 23 years prior to his death, and the real estate which he possessed has been disposed of by amicable agreement among the heirs at law of said deceased about 9 years ago. The arrangement and disposal made with and between the heirs at that time has proven satisfactory with all concerned. And inasmuch as transfers have been made for much of said land and real property and the parties are in full possession and control of the same, and have been for over 9 years, the undersigned would not feel warranted to make any inventory of any real estate as being owned and controlled by said decedent.” Signed L.A. Goddard
On January 4, 1888, County Judge W.W. Duncan issued this statement. “Said files show that on November 24, 1887, said administrator gave due notice to “The heirs and creditors of James T. Goddard, deceased by publication in the Egyptian Press, a weekly newspaper of general circulation printed and published in Marion, Illinois, which was for three weeks, beginning Nov 24, 1887 and ending on Dec 8, 1887 of said newspaper on file in said estate. Administrator filed final report in said estate on December 19, 1887 showing payment of the debts of said decedent, funeral expenses and distribution to the heirs at law of said deceased. Examined and approved.”
Following the death of James M. Goddard, conservator of his father James T. on June 27, 1870, a petition was filed on June 30, 1870 by his wife Nannie Goddard with R.M. Allen to become administrators of his estate which was approved by the court. When James M. died he left his widow Nannie and children Elizabeth Wineford, Harriet Adell and Pauline Goddard.
On August 30, 1870, Nannie Goddard filed petition to be appointed guardian of Elizabeth W. , Harriet A. and Pauline Goddard, all minors, who, the petition alleges, have a sum of money, probably amounting to $10,000 each due to them from the estate of their father James M. Goddard. A bond was filed for $20,000 and was approved on this date. Another bond of said guardian was filed on January 22, 1878 for $10,000 and was also approved.
On August 21, 1872, a weekly newspaper published in Marion called the “People’s Friend” made proof of publication that R.M. Allen had resigned as administrator of James M.’s estate. The same day, Nannie Goddard as sole representative filed petition that Dr. A.N. Lodge be appointed as co administrator and this was approved by the court.
On September 16, 1873, A.N. Lodge filed his report as administrator and resigned as such, this was approved by the court.
On March 7, 1872, Nannie Goddard remarries to Harwell Hendrickson and on March 17, 1874, Nannie Hendrickson (now remarried) filed petition showing herself to be sole administrator of the estate of James M. and asked that Hartwell Hendrickson, her new husband be appointed co-administrator which was approved by the court.
On March 15, 1877, a Petition to Partition is filed by J.B. Bainbridge (son in law and conservator of James T. Goddard) and all of James T. Goddard’s heirs. All properties were divided out among the heirs with the NE ¼ of the NE ¼ consisting of 40 acres going to L.A. Goddard, H.T. Goddard and Julia (Goddard) Hall along with a group of other properties.
On April 16, 1877, a partition agreement further defined the properties with NE ¼ of the NE ¼ consisting of 40 acres going to Henry T. Goddard and his wife Mary E.
On Sept 13, 1878, Henry T. and Mary E. Goddard sign over a Trust Deed on the NE ¼ of the NE ¼ of Section 23 consisting of 40 acres to William J. Spiller, Trustee for the sum of $500. A Trust Deed is a deed that secures a loan of money or property and is held as security against the loan. In this case, Henry T. borrowed $500 from George and Maude Spiller and William J. Spiller was the Trustee holding the deed till the debt was repaid.
On June 6, 1885, the loan was repaid and a Quit Claim was created, conveying the property back to Henry T. Goddard for $1.00.
On July 24, 1885, all the remaining heirs of James T. Goddard sign over and convey a Quit Claim deed to the NE ¼ of the NE ¼ to Henry T. Goddard finalizing any legal claims they may have in the future against this piece of property.
On January 22, 1892, Henry T. and Mary E. Goddard execute a Warrant Deed to Adele and R.D. Holland for the NE ¼ of the NE ¼ of Section 23 in reserving and excerpting a strip of land 200 feet wide and known as the right of way for the Carbondale and Shawneetown Railroad in the sum of $2,500. The abstractors have personal knowledge of the right of way of the Carbondale and Shawneetown Railroad, later the Illinois Central lies on the north side and adjoining the 40 acres (West Main Street from DQ to Carbon). A warrant deed guarantees clear ownership from any point in the past to the present time of sale.
On January 22, 1892, the same day that the right of way for the railroad was sold for $2,500 the property in NE ¼ of NE ¼ of Section 23 with the exception of the RR right of way was mortgaged by Henry Goddard to Adele and R.D. Holland for $2,000 (Two $1,000 loans). On September 21, 1893, the mortgage was not satisfied and part of the property was quit claimed by H.T. Goddard to the Hollands. On Sept 22, 1893, the second part of the mortgage was not paid and the remainder of the property was quit claimed by Goddard to the Hollands. A final Quit Claim deed ensuring the release of these 40 acres was made by H.T. Goddard to the Hollands on August 20, 1894.
On September 22, 1893, Adele and R.D. Holland sold the NE ¼ of the NE ¼ consisting of 40 acres to Henry Brown for the sum of $1,170.
On October 1, 1903, the land was mortgaged by Henry Brown and his wife Victoria to C.H. Denison, then Mayor of Marion to secure a loan of $200. Release of mortgage was dated August 2, 1907.
On July 1, 1909, Henry and Victoria Brown signed a 5 year release of oil and gas rights lease to G. E. Foster on all but 5 acres out of the 40 acres in this tract. Presumably, the 5 acre tract is where the Browns were currently living. This lease allows Foster to enter the property at any time for the purposes of prospecting, drilling and operating for oil or gas and to erect and maintain any necessary buildings, structures or pipes. The lease is for 5 years or as long as oil in any paying amount is found. The Browns would receive $100 per year for the gas products of each well or if oil is found they would receive 1/8 of the oil produced and saved. The lease was release on July 16, 1910.
On December 30, 1913, the Browns entered into a contract with William Feder. The contract called for the right to purchase the NE ¼ of the NE ¼ of Section 23 and other lands at any time up to and including the first day of June 1913 at $200 per acre or total price of $8,200, with right to enter upon said land with machinery or otherwise to prospect for coal and other minerals. This contract lapsed and was null and void without purchase.
On August 10, 1914, the Browns entered into another contract with J.E. Meyers and Noah Payne. The contract called for the purchase of the NE ¼ of the NE ¼ of Section 23 for the amount of $8,700 with the following provisions: 1.) The purchasers have to sell of the property within 3 years. 2.) The purchasers have the right to have the property platted into lots, blocks, streets and alleys. 3.) The purchasers have the right to sell off the lots they ascribe with payments going toward the purchase price of the property until it is paid off. All monies paid will counter the interest bearing amount. The land platted off was called Marion Heights.
On August 28, 1915, the contract was extended to Noah Payne and the time for payment of interest for land in Marion Heights to September 25, 1915.
On January 1, 1916, Noah Payne sold his interest in Marion Heights to Hugo Herold of Mascoutah, Illinois.
On December 21, 1914, a collective of property owners agree to have their property platted off by Marion Heights Survey, as a proposed addition to the City of Marion. The property owners and their property were Henry Brown who currently owns the 40 acres from Copeland to West main bounded by 4th Street and Carbon, E.S. Blankenship (son of Isham Blankenship who currently owns the 40 acres in front of the VA from Copeland to West Main and bounded by 4th Street and the entrance to the VA) and E.H. Bulliner who owns portions of land in Section 14 (North of West Main Street starting at 5th Street where the DQ and Motel Marion are currently located). The property owners state that this survey and platting was done at their request and that they waive all rights, title and interest in and to the streets and alleys created to the inhabitants of the vicinity and to the general public for street and alley purposes. See attached survey and plat map.
On Oct 13, 1917, the plat map and survey were released to the existing property owners including the Browns by J.E. Meyers of the City of Marion and Hugo Herold of Marion Heights.
On April 4, 1918, a Vacation of Plat occurred for all the streets, alleys and utility easements that were required for development and the Browns signed off on them this date. Vacation of plat is the releasing and reassignment of certain portions of property over to another party requiring the current owner to vacate those properties. In this case all of the streets and alleys were assigned to the City of Marion, also likely including easements for utilities. The areas included under the Browns property would be from Carbon to Fourth Street and Copeland to West Main.
On December 5, 1921, Henry and Victoria Brown sell off their property to Robert L. Bryan and wife, Gussie Bryan for $3,600 in the form of a Warrant Deed.
On February 24, 1932, the Bryans who are copartners in a business called the Style Shop in Marion file for bankruptcy in an East St. Louis court. A trustee by the name of James Johnson was selected to handle the disposition of the bankrupt’s estate at a Carbondale hearing on March 17th. In April an order authorizing the sale of real estate was approved. It was later reported that the highest bid given for the real estate was for $186 by W.B McBride. This sale was approved and it was further authorized for the trustee to pay Gussie Bryan, the wife of the bankrupt a sum amounting to 20 % of the proceeds of the sale as a dower in the real estate.
On May 13, 1933 a Quit Claim deed was signed over from Robert and Gussie Bryan to W. B. McBride for the sum of $185.77 for the real estate. What a bargain!
On November 4, 1939, W.B. McBride, a widower sells the property to Adolph Freres, L. H. Bainbridge and Gordon Franklin for the sum of $3,000 in the form of a Warranty Deed.
On Sept 5, 1940, Adolph Freres, L.H. Bainbridge, Gordon Franklin and each of their wives grant, convey and dedicate a strip of land 25 feet wide, presumably a section of West Main but not sure.
On April 10, 1941, Bainbridge, Freres and Franklin have the city replat the subdivision changing the street and lot layouts and renaming the addition Elmwood Place instead of Marion Heights. At a city council meeting on April 28, 1941, the attached plat of Elmwood Place was accepted by the city council consisting of Mayor, Harry L. Crisp, and Commissioners Harry R. Rodd, Homer Butler, W.R. Hodge and E.R. Scoby. See attached plat.
On September 15, 1941, a Vacation of Plat occurred yielding the streets and alleys created in the last plat to the city of Marion. It was approved on the same day by the city council.
On September 23, 1941, a Covenant was created by the families of Bainbridge, Freres and Franklin. It was designed to exert some control over conditions in the subdivision and was to be binding until January 1, 1967 at which time the Covenant shall be automatically extended for periods of ten years unless a vote of the majority of owners agree to change it. The Covenant specifies how all new buildings are to be approved by committee, what types of buildings can be built, how designs are approved, etc. There are to be no commercial businesses, lodges, clubs, factories, repair shops, or commercial garages, or any noxious or offensive trades that could become an annoyance to the neighborhood. No cattle, hogs, sheep, goats, horses or chickens shall be kept or maintained on any lot. No members of the Negro race shall use or occupy any building on any lot, except, that this covenant shall not prevent occupancy by domestic servants employed by the owner or tenant.
An article appeared in the Marion Evening Post dated Friday, August 7, 1942, stating that the coming Sunday, the 9th, an open house sponsored by the Koeneman Agency would make homes and lots available for inspection by perspective buyers. The homes in the article said the homes featured hot and cold water, hardwood floors, all weather streets and sidewalks. convenient terms and a down payment as low as 5%.
After 1942 and the addition of Elmwood Place to the city, most all lots appear to have been sold and houses constructed in 1943 or very shortly afterward. Below is a listing of houses and their occupants living on Third Street taken from a 1947 Polk City Directory.
100 Vacant 101 John A. Barnwell
102 Vacant 103 Charles Groves
104 Alva Landrum 105 Vacant
106 Clarence N. Danielson
300 J.B. Hancock 301 Thomas N. Bennett
302 Wilber Cobb 303 Mrs. Lucille F. Wood
304 Earl Pulley Jr. 305 Vacant
306 Nelson E. Ash 307 Vacant
308 Vacant 309 Mrs. Betty Garrison
310 William B. Joyner 311 Harold Worthen Jr.
312 Ralph N. Adams 313 William J. Martin
314 Fred O. Blackburn 315 Clarence F. Mitchell
316 Rev. G.N. Mitchell 317 Clarence Connett
318 Herbert H. Lawrence 319 Jack L. Horsley
320 Lynnwood M. Johnson Jr. 321 Paul Browning
322 Carl W. Pate 323 Otis Murphy
324 Edward S. Finnegan 325 Leon McCabe
326 Mrs. Cordelia Mae Lockler 327 Kenneth W. Summers
328 George T. Rackey 329 Valvan Bainbridge
330 Joe Colp 331 Evan J. Andrews and Carl O. Pate
332 Edward Vodak 333 Wendell Collier
334 Robert Lackey 335 Fred Horne