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HomeMy WebLinkAbout1546_BOONE_WILLIAM_57_461_07-08-1936_08-05-1938'<'r /5J-j{g ~ILLlh~JUD~u~BOUN~. And now,August 5,1938, Exemplification filed and recorded. S.lie Barnum Register. Will Book 57 page 461 t:..;;f.~~. • ( ( ( IN THE PROBATE COURrr ( OF C.dTYOl~COUITTY,ST.~.TE OF In the ~atter of the Estate of .PPOR~T..c..COURT C;JJYOl, COUNTY,IDAHO F I LED JUL 28 1936 B.R.RIORD J Clerk. ID1_nO •\t lilliam Judson Boone, Deceased. ORDER .ti.D1HTTI:TG ~JILL TO PROBATEmGRA1~TING LETTERS OF ADLINIST TIOF .IITH THE ,IILL liNNEXED Recorded in IJlinute Book 22 at page=-=:2..;:5-:4-:::-..;.;;;2..=5..=5 _ B.R.RIORDAL Probate Judge The petition of argaret .ooone heretofore filed herein,praying for the admission to probate of a certain document filed with this Court on the 13th day of July,1936,and purporting to be the last will and testament of illiarn Judson .doone,deceased,and that letters of administrati,on with the vlill annexed be issued to sai d t:argaret Boone,this day coming on regularly to be heard,and the matter having been submitted for decision and due proof of the gi vin.z according to law and the order of this Court of th e noti ce of the time and place of hearing said petit ion having been made at the hearing to the satisfaction of the Court,it appears to this Court that said v/illiam Judson Boone died on the 8th day of July,19,)6,in the City of Caldwell, County of Canyon,state of Idaho;t .at said document is the last will and testamen t of sai d ililliam Judson Boone;that said last will and testament was duly executed and attested as in the manner and form required b:law; that said ~illiam Judson Boone,at the time of executing said last will and testament,was over the age of 18 years,was of sound and disposing mind and not acting under duress,menace,fraud or undue influence or in any respect incompetent to execute said will and testaIJEnt;that doo and legal notice has been given of the time a.d place of the hearing of said petition; that James L.Boone,the person named in said will and testament as the oole Executor thereof,has heretofore renounced his right to act as executor by an instrument in writing heretofore filed herein;that the petitioner, ...[argaret Boone,is el ig ible to be appointed adminis trat rix with the will annexed to said estate and is a competent person qualified to act as such •• • Probate Court,Canyon County Idaho Ju1 13 1936 .' B.R.Biordan,Clerk LAST -aLL .AND TESTAlEENT OF .JIL IbM JUDSON BOONE. **********~*~.**~*~*******~*.**1*.*~*****.****··** I,illiam Judson Boone,of the county of Canyon, state of Idaho,being of sound and disposing mind and mem- • \ ~ and free from fraud,duress,force,menace,or undue influence, do hereby make,pUblish and declare thos,my last will and testament,in manner and form as follows,that is to say: First. I direct the payment of all my funeral expenses. Second. I give to and direct the payment of one dollar, (~l.OO)a piece to each of my three children,son James L. 6anddaughter Sarah and Margaret. Three. I give,devise and cequeath absolutely and un- conditionally all the property,real and personal of what- soever kind the same may be,or wheresoever situated,of ~hich I may die possessed or to which I may be enti tIed or recei ve in any manner whatsoever to my beloved wife,Annie Elizabeth Boone,to have and to hold the same to the saidnnie Eliz- abeth Boone and her assigns forever. Four. I nominate and appoint James L.Boone,eKecutor, of this my last will and testament. }five . I hereby revoke any and all former wills by me made. .In vii tness where of,I have hereunto set my hand and seal this 31st day of October,one thousand nine hunared and sixteen,1916. (Sgd.)1illiam Judson Boone (SEaL) • ..I .. -2- J-~.• The foregoing instrument consisting of two (2)pages,includ- ing this one,was,at the date hereof,by the said {illiam Judson Boone, signed,sealed,and puolished as,and declared by him to be,his last will and testament,in the presence of us,who,at his request ~and in presence,and in the presence of each otler,have sub- scri,bed our names as wi tnesses thereto. (Sgd.)H.H.Hayman residing at Caldwell,Ida. (Sgd.)F.E.Springer residing at Cald~ell,Id it t.of Idabo lest county of canvon 5 dIh~~ebY ce~tify that a trt tCor~~;t CQPY of tn~g ~n3trumento •.dn~fo-wardedVH.H5 by me thlS O-J.~f tll&t~e Department of Flnanc~0 st,ate of Idaho.Boise.I.:lallO..; ated this~day o'~19~, . .Cle.k of thJu~~e and Ex-offiC10 tPr6batecourtorCanYonCoun l:;;~ •'"--",- (Probate Court Canyon County,Idaho) (F I LED I(-----fd~~=lftt=r=~=3*ft!~:B:nlT,Cle I k ) IN THE PROBATE COURT OF CANYON COUNTY,STATE OF IDAHO In the ~atter of the Estate of • illiam Judson Boone, Deceased. PETITIffiJ FOR PROBATE OF WILL AND ILSU.Al~CE OF LETTERS OF ADMINISTRATION lITH 'IRE VI ILL .ANNEXED To the Honorable,the Probate Court of the County of Canyon, State of Idaho. THE PETITION of Margaret Boone,of Caldwell,Canyon County,State of Idaho,respectfully shows: That IJilliam Judson Boone,sometime s referred to as T.J.Boone, sometin:es as lilliam J.Boone,and sometimes as "rm.J.Boone,all one and the same person,died on the 8th day of July,1936,at Caldwell,Canyon County,Idalm.That said deceased at the time of his death was a resident of the County of Canyon in said State of Idaho and left estate in Canyon County,State of Idaho,consisting of real and personal property. That said deceased left a will bearing date the 31st day of October,1916,in the possession of petitioner,which your petitioner believes,and,therefore,alleges,to be the last will and testament of said deceased,aLd which is herewith presented to said Probate Court. Tt.at James L.Boone named in said vall as .c:xecutor thereof has renounced his right to letters testamentary upon said estate and has re- quested that your petitioner petition for letters of administration with t e will annexed upon the said estate and the whole thereof.That your petitioner hereby consents to act. Tha t the names,ages and residences of the heirs m d of the devisees of the decedent,so far as is known to the petitioner,are as follows:Elizabeth Annie /Boone,widow,age 65 years or thereabouts,residing at Caldwe11,Idaho. Margaret Boone,daughter,age 32 years,residing at Caldwell,Idaho. Sarah Boone Carter,dau;hter,age 40 years,residing at Great Neck,Long Island,N.Y. James L.Boone,son,age 44 years,residing at Boise,Idaho. •• That the subscribing witnesses to said will are H.H.Hayman,resid- ing at Caldwell,in the County of Canyon,State of Idaho,and F.~.Springer, residing at Caldwell,in the County of Canyon,State of Idaho. That at the time said will was executed,to-wit,on the 31st day of October,1916,the said testator was over the age of eighteen years,to-wit, of the age of fifty-six (56)years or thereabouts,and was of sound and dis- posing mind,and not acting under duress,menace,fraud,or undue influence, and was in every respect competent,by last will,to dispose of all his estate. Tha t sai d will is in wri ting,si gned by the sai d testator an d attested by the said subscribing witnesses,at the request of said testator, subscribing their names to the said will in the presence of the said testator and in the presence of each other;and that,as your petitioner is advised, and therefore aIle ges,sai d wi tnesses,at the time of a ttesti ng th e execut ion of said Will,were,and are now,competent. That the probable value and character of the property of the estate of said decedent is as follows: The character of the property of the estate of said decedent consists of personal and real property,all located,so far as is now known,in Canyon County,State of Idaho;that the probable value of the propert f the estate of sai d decedent doe s not exceed the sum of 'ight Thousand and no/100 (~8,OOO.OO)Dollars;that said property is the community property of said ElizabetL decedent and Annie /Boone. /That Margaret Boone is the name of the person for whom letters of ad- ministration are prayed to be issued by this petition. fherefore,your petitioner prays that the said will be admi tted to probate,and that letters of administration with the will annexed be issued to Margaret Boone and that for that purpose that the Probate Judge of said • .""'-....' ............• court fix a day for hearing this petition,and that all persons interested be notified and directed to appear at the time appointed for probating the same; and that subpoenas be directed to be issued to the said subscribing witnesses to the said will residing in the said Canyon County;and that all other nec- essary and proper orders may be made in the premises. And your petitioner will ever pray,etc. Dated J 1y 13th James L.Boone Attorney for Petitioner. Residing at Boise,Idaho. P.O.Address:Boise,Idaho. ,1936. •• administra~wi th the wi 11 annexed;that pe tit ioner,I.iargaret Boone,at the time of filing her said petition,did deposit with this Court a true copy of her said petition and also a true copy of said last will and testament;that notice to all the heirs of the tesator have been given as required by law; that like notice has been given to the said James L.Doone,executor named in sai d will,who has renounc ed his right to act as execut or thereunder;that no person,or their representative,appeared to contest said Will;that H. H.Hayman and F.E.Springer,Witnesses to said Will,residing in Canyon County,Idaho,have appeared and testified that the will was executied in all particulars as reqUired by law and that the testator was of sound and dis- posing mind at the time of its execution. VffiEREFORE,IT IS ORDERED that the said doc~ment heretofore Vpurporting to be the last will and testament of dilliam Judson Boone,deceased, be,and the same is,proved and allowed,and the same be,and it hereby is, admitted to probate as the last will and testament of William Judson Boone, deceased,and said Margaret Boone be,and she hereby is,a~pointed afuninis- tratrix With the will annexed to said estate;and that letters of administration with the will annexed issue to said petitioner upon her taking t~e oath of office and giving the bond required by law for the faithful performance of the duties of the trust as such administrator with the will annexed,said bond to be in the sum of Five Thousand and no/100 ~5;000.00)Dollars with sufficient sureties to be approved by the Judge of this Court,or,if said bond be given by a surety company authorized by law to furnish such bond, then such bond to be in the sum of Five Thousand and no/laO (~5,000.00) Dollars. (SEAL) Done in open court this 28 day of _...;;.J..:;u~l~y ,1936. B.R.RIORDAN Probate Judge. •~ • •• Certi :ic at es to Copie s (U.S.Statutes,Cec.905) State of Idaho Canyon County,S: ) ) )rob ate Court I,B.R.Riordan,Judge and ex-officio Clerk of the Probate Court,with n and for said Canyon County,State of Idaho,having the custody of the files,journals and records of said Court,do hereby certify that the foregoing is a true and correct copy of lIlJ ST ,TILLmTESTA:,L::;I;T OF 'I L.J~JUDSON BOONE","PETITIOn FOR PhO.t5 TE OF .II :L .t.-J.JD IS....U·TCE OF LETTERS OF .n.D1.rr Ic.TR TIOn ,lIT1-:TEE dILL .hNNE~ED"and "ORDER AmUTTllrG /ILL TO .ROB rr .LJJD G TING LETTERS OF Am::INISTRA- rIm i ITE THE "ILL .LOO~EX:ED"in the v18.tter of the Estate of .lilliam Jud son Boone;-deceased,as the same appear upon the records of said Court; and·I further certify that I have carefully compared the foregoing copy With the original record,and that the same is a full and correct transcript thereof. TIT I~JESS ,HEREOF,I hereunto set my hand and~~iX the seal of said Court,at Caldwell,Canyon County,Idaho,this day of July,•D.1938.~ ~,~~~~=~---:::'-=---.prooateJU(igan:deX~Offic io Clerk of said Court. The State of Idaho,Canyon County,SS: I,the undersigned,sole JUdge of the Probate Court within and for said County and State,the same being a Court of law and re- cord,do hereby certify that under the laws of the state 0 l'Idaho,the Judge of the robate Court is ex-officio the Clerk of'his own Court. nd I further certify that I,the said B.R.Riordan,whose genuine signature is attached to the foregoing certificate,am,and was at the time of signing the same,ex-officio Clerk of said Probate Court,and as such,full faith and credit are due my acts,ana that the above cer- ti.l'icate and attestation are in due form of law,and made by the proper offi cer. TIT 'lITHESS IlHEREO:3',I hereunto set my hand a{~ffiX the seal of said Court at Caldwell,Canyon County,Idaho,this day of JUly, .D.1938.~ ~ JudgeQfWkte courtofCanyon County,Idaho The State of Idaho,County of Canyon,SS: I,the undersigned,ex-officio Clerk of the Probate Court wi thin and for said County and State aforesaid,hereby certify that I,the said B.R.Riordan,am also the sole Judge of said Probate Court,duly commissioned and qualified,and now acting as such. said Probate County ,Idaho E ilT JITNESS /HEREOF,I hereunto set my hand and aff}x the seal of said Court at Caldwell,Canyon County,Idaho,this ,(~day of JUly,•D.1938.