Probates

The probate law passed by the legislature of 1903 has been declared unconstitutional by the supreme court, and a return to the fee system in use previous to the passage of the law will be necessary. As we understand it the 1903 law was enacted to try and catch tax dodgers-- those who although wealthy in personal effects, forget all about their stocks, bonds and money when the assessor calls. But in addition it tended to place a heavy burden on real estate that went through probate-- a burden unjust from the fact that land always bears its burden of taxation. The court held the inheritance tax to be wrong on these grounds unequal taxation contrary to the constitutional provision regarding taxation.

ARTHUR ANSEL BALDWIN has been appointed executor of the $40,000 estate of his father, ANSEL BALDWIN, who died at the home near Sprague in November. The estate consists of 930 acres of farm land in Lincoln county and a quarter section of what land in Adams county. The heirs are the newly appointed executor and the widow, Mrs. ADELIA ANN BALDWIN

The will of Asa VanAllen, extensive property holder of Sprague, who died here recently, was filed in the superior court Thursay for probate. The estate is to be divided equally among four children. Those benefiting are three daughters, ANNA MAY MORRILL, LELIA SCHEDLER and ETHEL SCHALLENBURGER, and a son, PORTER COOK VanALLEN. Mrs. MORRILL is named as executrix of the estate without bond.

On Dec. 29 distribution of the legacies in the will of the late JACOB SMITH was completed by the administrators A. L. SMALLEY and FRED STIPS. The estate which was originially appraised at $45,000 netted $64, 349.70 to the heirs. The Administrators having completed work have been discharged. One daughter, MINA, a minor, is still under the guardianship of Messrs. Smally and Stips

GLEN YOUNT, son of the late D. B. H. YOUNT of Wilbur, filed a petition with county clerk E. E. M. SANDERSON Wednesday for letters of administration in probate of his father's estate.

HARRIET E. KIRK has been named executrix of the will of her husband, WILLIAM H. KIRK of Almira, who died last week. JAMES B. KIRK and WILL H. KIRK, sons of the deceased have been named as additional executors. *

The case of EMMA BURKE against GERTRUDE BURKE which occupied the consideration of the superior court of Lincoln county for three days this week, was taken out of the hands of the jury by JUDGE JOSEPH SESSIONS, Wednesday afternoon and the estate of EDWARD BURKE, deceased, divided among the two women. Financed by his parents, Edward Burke began farming in Lincoln county. When his father died his mother continued to live with him on the farm. In the meantime Edward Burke married. At the time of his death no settlement had been made of the estate which the mother claimed belonged to her and which the wife contested. The verdict of the court Wednesday will give property valued at $35,000 to Mrs. Emma Burke, wife of the deceased, and the same amount to Mrs. Gertrude Burke, mother o f the deceased. J. T. BURCHAM of Spokane, represented the mother, while Attorneys J. S. FREECE and C. A. PETTIJOHN argued for the wife. Witnesses in the case were SHERIDAN LONG, W. A. SHAW, J. H. WOLFEMBERGER, G. D. PHILLIPS, J. E. RUSSELL, J. M. YADEN, ERNEST McKEE, Mrs. ERNEST McKEE, all of Bluestem; A. G. MITCHUM of Spokane; J. E. ROBINSON, HENRY CHILTON, F. W. ANDERSON and FRED S. WELLS of Davenport.

FRED S. WELLS, RASMUS MORGAN and JOHN BUCK have been appointed appraisers of the estate of CHRIS P. JENSEN and ANNA K. JENSEN, both deceased. They will meet at the offices of the Lincoln County State Bank, in this city, Saturday, March 9, for the purpose of making a complete appraisement of all the real and personal property belonging to these estates.

J. F. HALL, A. L. SMALLEY and D. R. COLE have been appointed appraisers of the estate of BABETTE ETTELSON.

The appraisers appointed by the court in the matter of the guardianship of DONALD and ODELL CALLIOTT are: S. P. SWENSON, JOHN CORMANA and W. B. ARMSTRONG.

WM H. VENT, as guardian of the estate of D. C. MILLS, minor, has filed an inventory with the court showing $298.37 money received also a list of real property, belonging to the estate pending the distribution of money and property of the estate of JOHN B. MILLS and LILLIAN MILLS.

The final report of Joseph B. MATHERLY as administrator of the estate of ELIZABETH L MATHERLY, Bluestem pioneer , and a petition for the distribution of the estate, were filed Tuesday with the county clerk. November 27 was set as the date of hearing.

A petition to have the property of the estate of L. T. DEAN set aside to his widow, SARAH L. DEAN, in lieu of a homestead, was filed in the superior court here Tuesday and November 14, was set as the date of hearing. An appraisal of the Dean estate, made by D. P. PANKEY, R. W. PARR and CORTHA BEALL of Davenport, values the property at $692.50.

J. K. ALDERSON, J. MCPHERSON and GODFREY THOMPSON of Wilbur have been named to appraise the estate of THOMAS FISHER.

An order was signed in the superior court here Saturday permitting Mrs. MARGARET RUSSELL as executrix of the estate of JOHN E. RUSSELL, Harrington pioneer, to pay a 10 percent dividend to general creditors of the estate.

A petition was filed in the superior court here last Thursday asking that personal property of the estate of GEORGE HEINEMANN of Waukon be set aside to his widow, Mrs. Heinemann as a probate homestead. This property is valued at $ 2915.00. November 8 was set as the date of hearing.

An order was signed in the superior court here yesterday authorizing MYRTLE WERNICK, executrix of the estate of HOWARD D. MILLS, Sprague pioneer, to sell 3627 bushels of wheat, part of this estate.

An appraisal of the estate of WILLIAM DEIFE of Odessa, made by JOHN GOERTZ, CONRAD SCHLIMMER and SAMUEL WEISER, shows the estate to consist of property valued at $7942.

An order admitting the will of MRS. EMMA PERRY, Davenport pioneer who died August 19, 1922 to probate, and naming her husband, W. J. PERRY, now of Pullman, as executor, was signed in the superior court here Wednesday. The estate consists of residence property in Davenport.

An order was signed in the superior court here Monday appointing MRS. EMMA PILLARD of Edwall an administratrix of the estate of her husband, W. F. PILLARD, who was fatally injured in a car wreck east of Davenport, May 1 last. The estate, which includes a pool room business at Edwall, is valued at $3,000 and Mrs. Pillard is the sole heir.

The case of LAWRENCE MURPHY of Sprague against W. ATHOL HALL as executor of the estate of DAVID INGLES, scheduled to be tried at then present jury term of court was settled out of court by stipulation yesterday, and the case was ordered dismissed. Mr. Murphy sought $3.00 a day from the Ingles estate for caring for Mr. Ingles during his illness. The executor compromised for $2.50 a day, and Mr. Murphy is to receive $2400.

A petition was filed in the superior court here Monday asking for the probate of the will of JOHN I. MELVILLE pioneer Sprague attorney who died May 9, and the naming of his widow, MRS. DAISY MELVILLE, as executrix. The estate is valued at $2500.

An order was signed in the superior court here yesterday setting aside the property of the estate of AUGUST STOLP of Sprague, valued at $1880, to his widow, in leiu of a homestead.

COURTHOUSE DOINGS

Davenport Times-Tribune, Davenport, WA, May 11, 1939

TO SETTLE THORSLAND ESTATE

The final account and report of ALICE R. THORSLAND of Sprague as executrix of the estate of SAMUEL THORSLAND, and a petition for the distribution of the estate were filed here Friday. June 6 was set as the date of hearing.

TO SETTLE PORTCH ESTATE

The final report of EDWARD ARTHUR PORTCH as executor of the estate of IDA ZELEMA PORTCH of Wilbur, and a petition for the distribution of this estate were filed in the superior court here Friday. June 12 was set as the date of hearing.

APPOINT ADMINISTRATIX

An order was signed in the superior court here Tuesday appointing Mrs. Ennie E. HADEN of Wilbur as administratix de bonis non of the estate of GERTRUDE MCCORD. The estate is valued at $5858.00

PERMIT SALE OF LOTS

An order was signed in the superior court here Tuesday permitting DAN BORGENS and J. F. HEIZELMAN, executors of the estate of KATIE SCHAEFER, to sell two lots in Odessa, part of the estate at private sale. The lots are valued at $1000.

TO SETTLE WARREN ESTATE

The final report of Mrs. JESSIE WARREN of Harrington as executrix of the estate of JOSEPH R. WARREN, and a petition for the distribution of this estate were filed with the county clerk here Tuesday. June 7 was set as the date of hearing.

PROBATE OF PENCE, JAMES S.

8-03-1939 of Odessa Record" A petition for letters of administration over the estate of JAMES S. PENCE, who died June 18, 1939, was filed in the superior court, by their son, MARK PENCE of Seattle. The estate of the couple, pioneers of Miles, is valued at $10,000 and goes to three daughters and two sons. * Submitted by Marge Womach, 2005.

...An order was signed in the superior court here admitting the will of Mrs. EMILIE KRUPKE of Reardan to probate and naming her husband, HERMAN KRUPKE, of Waukon as executor The estate is valued at $15,000.

...An order was signed in the superior court here Tuesday settling the final account of ANNE WAGNER as Executrix of the estate of FRED WAGNER of Reardan, and ordering the $29, 390 estate distributed to the heirs, who include the widow, five daughters and a grandson of the deceased.

J. P. KELLER, ALFRED WAGNER and ARTHUR SCRUPPS have been named to appraise the estate of KATHERINE M. ZELLER of Odessa.

...Letters of administration de bonis non over the estate of GERTRUDE MCCORD were ordered issued, yesterday to ZENNIE E. HADEN of Wilbur.

...J. K. ALDERSON, ALBERT MARTIN and J. MCPHERSON of Wilbur have been appointed to apprise the estate of PERRY BANKSON.

...A petition for letters of administration over the estate of L. T. DEAN, River Homes pioneer, who died April 27, 1928, was filed in the superior court here Saturday by his son, RALPH DEAN. The estate is valued at $600 and the heirs include the widow, three daughters and a son.

...An appraisal of the estate of GEORGE HEINEMANN, Waukon Farmer, made by E. F. BETZ, JOE APPEL and JACK PENHALLURICK, values the property at $7515.

...An order was signed in the superior court here Saturday confirming the sale of three quarters of a section of land, part of the estate of ANNA SCHELLER of Odessa, to ROBERT HOEFEL of Ritzville for $14, 510.00. The land was sold at private sale.

An order was signed in the superior court here Tuesday naming MRS. EVA MAY MCDOWELL of Creston as administratrix of the estate of her husband, WILLIAM H. MCDOWELL, pioneer who died last week. The estate is valued at $1,750 and goes to the widow.

A transcript of the probate proceedings in the estate of EMIL ZELLMER, Davenport pioneer, which w2ee carried on in the Spokane county superior court, were received by the county clerk here last week. The estate is valued at $20, 000 and went to the widow, MRS. ELIZABETH ZELLMER, with minor bequests to three sons and two daughters of the deceased.

An order was signed in the superior court here Tuesday setting aside the property of the estate of L. T. DEAN, former River Homes resident, to his widow, SARAH L. DEAN, in lieu of the homestead. The property is valued at $ 692, 50.

The final report of MRS. PEARL CHESTNUT of Sprague as executrix of the estate of NELS NELSON, and a petition for the distribution of this estate, were filed in the superior court here Tuesday. December 13 was set as the date of hearing.

A decree of final discharge of FRED W. YARWOOD as executor of the estate of ELI E. YARWOOD was signed in the superior court here Monday.

The final report of NETTIE YARWOOD said executrix of the estate of JOSEPH YARWOOD and a petition for the distribution of this estate were filed in the superior court here last week. December 6 of was as the date of hearing.

The account and report of JOHN A. CARTER as administrator with the will annexed over the estate of EMMA WARREN of Reardan, and a petition for the distribution of this estate were filed in the superior court here last week. December 5 was set as the date of hearing.

An appraisal of the estate of HOWARD D. MILLS, Sprague pioneer, made by W. G. DECKER, P. N. SMALLEY and CARL E. DEVENISH, values the property at $48, 427.66.

A petition for the probate of the will of BERTHA A. REES of Almira, who died March 7, 1934, and the naming of her husband, TYLEE J. REES, as executor, was filed in the superior court here Friday. The estate if valued at $17, 500 and goes to the husband, two sons and a daughter of the deceased.

An order was signed in the superior court here Friday settling the final account of JOSEPH D. MURPHY of Davenport as executor of the estate of D. J. MURPHY, local pioneer, and ordering the $3366.50 estate distributed to the heirs.

An order was signed in the superior court here yesterday admitting the will of Mrs. JENNIE TURNER, Davenport, and Harrington pioneer, to probate, and naming her husband J. E. TURNER and executor. Mrs. Turner died October 31 last. Her estate is valued at $3000 and goes to Mr. Turner, Harrington mortician.

A petition for letters of administration over the estate of H. B. THORNBURG of Peach, killed by a falling tree recently, was filed in the superior court here November 15 by his brother WILLIAM THORNBURG. The estate consists of $350 cash in a bank at ST. JOHN.

The final report of CORRA L. WOMACH, executrix of the estate of WILLIAM J. WOMACH of Harrington and a petition for distribution of the estate, were filed with the county clerk here Tuesday. November 26 was set as the date of hearing.

Wilbur Register, Wilbur, Lincoln County, Washington
Number 37, page 1, Thursday Oct 11, 1973
COURTHOUSE REPORTER:
LYDIA HAASE, DAVID QUIRK, J. H. MANN, Probates filed.
Submitted by Linda M. Thank, Feb 02, 2003

These items submitted by Barbara Curtis for the WAGenWeb...Used with permission.

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