| |
...This matter
coming on to be heard the 11th day of June, A. D., 1888, upon the petition of
the executors of the Will of said deceased, for a final distribution of the
assets of said estate, and the evidence being all offered and considered by the
court, and the following fact being found from the evidence, to wit:--
That the Executors of the Will of DIDAMIA COCKRILL,
deceased, died, on the 11th day of June, A. D., 1888, make a final settlement
of their Administration of said estate and that by decree of this Court, their
final account as such Executors was settled and allowed by this Court:
That on the 28 day of May, A. D., 1888, the said
Executors (W. W. FOWLER and IDA J. CANNON), filed in this Court their petition
praying for a distribution of the assets of said estate, and on said day an
order was, by this Court, duly made, setting the hearing of said petition of
June 11th, A. D., 1888, and directing that notice thereof be given by posting
in three public places in the County of Sonoma, State of California.
That
pursuant to said order the Clerk of this Court, posted a written notices one at
each of three most public places in said County of Sonoma, for more than Ten
(10) days next before the said 11th day of June, A. D., 1888, notifying all
persons interested in said estate of the filing of said petition, and of the
time and place by the Court fixed for the hearing of said petition.
That no opposition is filed or made to the granting of
said petition:
That the said DIDAMIA COCKRILL
died testate, resident of said Sonoma County, California, on the 24th day of
October, A. D., 1886; that on the 6th day of Dec, 1886, her Will was duly
admitted to Probate in this Court, by an order therefore duly made and given:
That George E. Miller died prior to Oct 24, 1886 leaving no issue.
That the said estate has been fully administered and
the same is ready to be settled and distributed:
That there is money, personal property and real estate
belonging to said estate to be distributed, consisting of the sum of $5456.87
in money; 50 Shares of Stock in the Masonic Building in Bloomfield in said
County, and lands in said Sonoma County and Mendocino County, State of
California, herein after described.
That the [?]
under the WILL of said deceased, agree and consent, that the assets of said
estate be distributed under the Will of said deceased, in the proportions
therein directed in money, and in the same proportions in personal property,
and in the same proportions in the real estate; the real estate and personal
property to be estimated at the appraised balance thereof.
That the personal property, other than money consists
only of said 50 Shares of Stock in the Masonic Building, which is appraised at
$50, and which is of that value and no more.
That the lands in Mendocino County, California,
hereinafter described are appraised at the sum of $700, and are of that value
and no more.
That the two lots in Bloomfield,
hereinafter described are appraised at the sum of $700 and are of no greater
value.
That the said cash, the said 50 Shares of
Stock, the said lands in Mendocino County and the two lots in Bloomfield,
Sonoma County, all in the State of California, are the only assets of said
estate to be distributed.
The T. G. COCKRILL
owed deceased at the time of her death by note the sum of $35,668.68 that O. H.
HOAG owed deceased at the time of her death by note the sum of $783.25.
That W. D. LAKE and HELEN LAKE owed deceased at the
time of her death [?] note and receipt the sum of $2135.00.
Aforesaid indebtedness is the same referred to in the
said will.
That O. H. HOAG is the husband of
ELIZABETH HOAG, and W. D. LAKE is the husband of HELEN LAKE.
That the legacy in said Will bequeathed to HENRY
McREYNOLDS has been by said McReynolds duly assigned to IDA J. CANNON, who is
now the owner of the same.
That IDA J. CANNON,
W. W. FOWLER, E. J. FOWLER, BRUCE COCKRILL, HENRY McREYNOLDS, ROBERT L.
COCKRILL, T. G. COCKRILL, HELEN LAKE and ELIZABETH HOAG, GEORGE E. MILLER and
FRED H. MILLER are named in the will of deceased as legates thereunder.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that
the assets of the said estate shall be, and hereby is distributed as follows,
that is to say: to W. W. Fowler, E. J. Fowler and Fred H. Miller, each the sum
of $150.00 in money.
To Ida J. Cannon, as
the assignee of the legacy to Henry McReynolds, the sum of $20.00.
To Elizabeth Hoag the sum of $1043.75 in money.
To Robert L. Cockrill the sum of $642.80 in
money.
To Bruce Cockrill the sum of $1650.10 in
money.
To Ida J. Cannon an undivided 3309/10000
interest in and to all the real estate hereinafter described.
To Robert L. Cockrill an undivided 1269/10000 interest
in and to all said real estate.
To Elizabeth
Hoag an undivided 2093/10000 interest in and to all said real estate.
To Bruce Cockrill an undivided 3300/10000 interest in
and to all said real estate.
That to Ida J.
Cannon is distributed an undivided 3309/10000 interest in and to 50 Shares of
Stock in the Masonic Building in Bloomfield, Sonoma County, California.
To Robert L. Cockrill an undivided 1289/10000 interest
in an to said stock.
To Elizabeth Hoag and
undivided 2093/10000 interest in and to the said stock, and
To Bruce Cockrill and undivided 3399/10000 interest
therein.
The real estate hereinfore referred to
is known and described as follows:
The S 1/2 of
N 1/2 of Section 18, Township 14, North of Range 13 West, Monte Diablo
Meridian, situated in Mendocino County, State of California.
ALSO two lots of land in the Town of BLOOMFIELD,
Sonoma County, State of California, one containing about two and one half acres
(2 1/2), on which is the late residences of deceased, bounded on the North by
lands formerly owned by one Arthur; on the East by Washington Street; on the
South by the Parsonage property and West by Church Street.
ALSO another lot in same town, County and State,
particularly described as bounded on the North by lands of Mitchell and Hall,
now occupied by one Pettit; on the East by Washington Street; on the South by
lands of Mrs. Walsh and on the West by Church Street, upon which is a residence
occupied by Bruce Cockrill.
IT IS FURTHER
ORDERED, ADJUDGED AND DECREED, that T. G. COCKRILL and HELEN LAKE are not
entitled under the Will of deceased, to any part or portion of the assets of
said estate and that they have been advanced by deceased before her death more
than their shares of the estate.
It is further
ordered and adjudged, that the legacy of George E. Miller lapsed by reason of
said legatees death during the lifetime of deceased.
[?] appearing to the court that more than twelve
months have elapsed since the issuance of the letters testamentary to said
executors upon the will and estate of Didamia Cockrill, deceased, and that more
then twelve months have elapsed since the first publication of the notice to
the creditors of the said deceased, and that due notice to such creditors has
been given as required by law and established by decree of this court. It is
ordered and decreed that due and legal notice has been given to the creditors
of said deceased, and that the time for presenting claims against said estate
has expired. It is further ordered and decreed that all act of the said
executors as such, in the management of said estate.
[?] That the said executors pay over the money and
turn over the personal and real property above distributed to the parties to
who the same is distributed, and upon proof to this Court that such order has
been complied with, and upon the presentation of proper vouchers therefor, the
said Executors will be discharged and the sureties on their official bonds,
exonerated from further liability as such.
[handwritten] Signed to [?] above this June 18th 1888
after posting a portion of page five hereof-
Thos. Rutledge
Superior Judge
|
|
