This is a transcription as reported by Garner where Mary Ann claims her share of the estate:
"In the Circuit Court of Hampshire County, September term 1858, Addison McCauley and Mary Ann McCauley, his wife, complts. Abrm Millslagle, Jacob Millslagle and Jonathan Albright, Defts.
"This cause came to be heard the 17th day of Sept. 1858 upon the papers formerly read and the reports of John Kern, Commissioner, and the Commissioners appointed to lay off part of the tract of land in the bill mentioned to which complainant Mary Ann McCauley is entitled (mentioned in the decree as 190) Under the interlocutory decree made in this Court at April term of 1857 and it appearing to the Court that there is a mistake in the said decree of April term 1857 in assuring the number of heirs of Jacob Millslagle, dec'd as nine when there mentioned in the bill are ten in number and the said reports being made upon the assumption that the number of the heirs is ten which is the correct number as is shown by the bill and proceedings, the said last mention report is approved [?] confirmed by the Court and the cause was argued by counsel on consideration whe[?] the Court doth adjudge, order and decree the complainant Mary Ann McCauley take and hold in severalty (subject to whatever interest her husband Addison McCauley may have therein by virtue of his marriage with her the portion of the [?] of land in the bill mentioned aforesaid and laid off to her by the said Commissioners to be recorded among the records of Hampshire County and the defendant, Abraham Millslagle, having filed a petition praying that the report of the Commissioner, John Kern., Jr. recommitted to him with directions to examine the said petition (to take further evidence concerning rents and profits) and papers filed therewith and if he thinks proper, to correct his report in regard to the rents and profits due from the defendants, Abraham and Jacob Millslagle or to make a new report concerning the same stating any matters deemed pertinent by himself which either party may require . . . John B. White, C. C.
"We, Robert Carmichael, Evan Hiett, Asa Hiett, and Charles Blue, Commissioners appointed by the Circuit Court of Hampshire County to lay off and divide the land of which Jacob Millslagle died seized (so as to give Mary Ann McCauley, wife of Addison McCauley, one of the heirs of Jacob Millslagle, dec'd the share she is entitled to have) this day met and after our examination of the lands and [?]ises have laid off and fixed the following boundaries as the sharie of Said Addison McCAuley in right of his wife Mary Ann McCauley, Viz; Commencing at the mouth [?] the lane northeast of Abraham Millslagle's house which lane leads across the [?]tain to the old Abraham Rhinehart place continuing along said line in the cente[?] of the road until it reaches near the top of the mountain where the fence turns northeast, thence along with the said fence until it reaches the line between [?]er and Millslagle where it corners in the said line thence with the said line r[?] west until it reaches the end of the two fields, thence with the fence of the field southwest to the beginning, supposed to contain thirty or thirty-five acres, more or less, it being as we supposed the one tenth part in value of the whole of the said Jacob Millslagle, Dec'd. The present crop of grain growing on the land excepted. Given under our hands this 12th day of November, 1857 - Robert C. Michael, Evan Hiett, Asa Hiett, Charles Blue, Commissioners
"Hampshire County Court - Be It Remembered that on the 5th day of November 1[?] this copy of a decree with the copy of the report accompanying it was presented to the Clerk's Office and admitted to record. Teste: J.B. White, C.C."
