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HomeMy WebLinkAbout1547_BOONE_ANNIE_57_466_01-30-1937_08-05-1938/~-1f7 EXlIMPLIFICATION OF RECORD. ESTATE OF ANNIE E.BOONE. -I .,, ~5 l!"\'~q Will Book 57 Page 4~6. And now,August 5,1938, Ex:empl~~~~iQn f 1lpd and recorded. S.A.BarnUm Register.! (Probate Cour t,Canyon ) (County,Idaho ) IN THE PROB TE COURT (F I 1 E D ) (Feb 4 193?) (B.R.Riordan Clerk ) OF CANYON COUnTY ,ST TE OF IDAHO In th e r,mtter of the Estate ~ )PETITION FOR PROBATE OF WILL AND of nnie E.Boone,)ISSUANCE OF 1ErTERS TESTAMENT RY ) Deceased.) 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,and James 1.Boone,of Boise,da County,State of Idaho,respe~ fully shows: That nnie E.Boone,sometimes referred to as nnie Elizabeth Boone, one andthe same person,died on the 30th day of Janua~T,193?at New York Ci ty ,New York.That said deceased at the time of her death was a resi dent of the County of Canyon in said State of Idaho and left estate in Canyon County,State of Idaho,consisting of real and persona 1 property. That said deceased left a will bearing date the 25th day of August,1936,in the possession of petitioner,which your petitioI').ers believe,and,therefore,allege,to be the last will and testament of said deceased,and which is herewi th presented to said Probate Court. That your peti ti oners,Eargaret boone and James L.Boone,ages 33 and 45"respectively,residents of said counties and state as aforesaid, and daughter and son,respectively,of deceased,are the identical persons named in said will as executors thereof,and they and each of them do hereby consent to act as said executors. That the names,ages and residences of the heirs of the decedent, so far as known to the petitioners,are as follows: Margaret Boone,daughter,age 33 years or thereabouts,residing at Caldwe 11,Idaho. Sarah Carter,sometimes referred to as Sarah Boone Carter,daughter, age 40 years or thereabouts,residing at Great Neck,Long Island, New York. James L.Boone,son,age 45 years or thereabouts,residing at Boise, Idaho. ...~ Probate Court,Canyon County,Idaho Filed Feb 4 1937 B.~.Riordan,Clerk W I L I,iJilNIE E.BOONE OF Cal dwell,Canyon County,Idaho,do make, publish and declare this my last will and testament in manner following, that is to say: 1st.I declare that I am a widow;that I have three children, namely,Mrs.Sarah Carter,daughter,of Great Neck,Long Island,New York; ~argaret Boone,daughter,of Caldwell,Idaho,and James L.Boone,son,of Boise,Idaho;that I have no other children. 2nd.I direct that all my just debts,including the expenses of my last illness and burial,be first paid. 3rd.I give,devise and bequeath all my estate,real,personal and mixed,of whatsoever kind and nature and wheresoever located to my said children in equal shares.If one of my said children shall predecease me Without leaving issue,those of my said children surviving me shall take in equal shares the full share which said child so predeceasing me Without issue would have taken had he or she survived me.In cass anyone of my said children predecease me leaving issue surviving me,such issue shall take by representation and per stirpes the share of my estate which his or her parent (my child)would have taken had such parent (my child)survd.ved me. 4th.I hereby authorize and empower my executors hereinafter named to sell and contract for the sale of all or any part of th e property of my estate,Whether real or personal,at either public or prtvate sale and With or without notice,as my executors may determine,upon such terms and con- ditions as they may deem for the best interests of my estate. 5th.I hereby nominate and appoint my daughter,Margaret Boone, and my son,James L.Boone,to be the executors of this my last Vii 11 and testament,without the requirement of bond,and hereby specifically request that they do not nor either of them ever be required to give bond for the ..l ..,; faithful performance of their duties as such executors,a?-d that they do not nor either of them ever be required to give mnd in connection with the sales or contracts Of sale for any of the property of my estate nor for any other reason! 6th.I hereby revoke all former ane other wills by me made. IN WITNESS vlliEREOF,I have hereunto set my hand and seal this 25th day of A....;ug~u=s;;...t ,1936. _.....(..;;.S......g.-..;.d"'-.-'-)---:;:A=n=n-""i;,.;;e~E...;;;.-.;;;;.B,.;:;.o,.;:;.o;;;";;,ne,,,---__(SEAL) The foregoing instrument consisting of two pages,including the page signed by the testator,was at the date thereof by ..annie E.Boone,the maker thereof,signed in our presence and in the presence of each of us,and at the time of her subscribing said instrument she declared that it was her will,and at her request and in her presence and in the presence of each other, we have subscri bed our names as Wi tne sses thereto. (Sgd.)Feder Jensen Residing at:Caldwell,Idaho (Sgd_Jenny Jensen Residing at:Caldwell,Idaho r~··.,OJ atat.of Idaho t.s.-Do~n~~of Canyon 8 I he~eby C8~tify that &t~l~~~d C Q r.:::'~etcJ PI 0 f t.'1..S 111S 1.:,~ill ;]1:W:~3 bY'mJ T,his dl:iy 1 ~.:'v.-c::0<::(J '0 LtD D:';I'~:'rrr)'~.'1t oC'P.l~1a...lC;~C.l..'t'1G S ~;:.e 0 f 1 d,.;l:J.?,.B :>i s p.~..P.~1J • a ~ed l,his7'4day 0;':'1'",1./,193$~~~.JI)"......_'.,,~/_1 ldl.~and EX-'offlOiO Clerk or theP~obat~90urt or Canyo~CountT'j.l.a.~o. , ~i .. ~ .. That the subscribing witnesses to said will are Peder Jensen residing at Caldwell,in the County of Canyon,State of Idaho,and Jenny Jensen Idaho. ,residing at Caldwell,in the County of Canyon,State of That at the time said will was executed,to-wit,on the 25th day of ugust,1936,the said testatrix was over the age of eighteen years,to- Wit,of the age of Seventy-two (72)years or thereabouts,and was of sound and disposing mind and not acting under duress,menace,fraud or undue influence,and was in every respect competent,by last will,to dispose of all of her estate. That said will is in writing,signed by the said testatrix and attested by the said subscribing Witnesses,at the request of said testatrix, subscribing their names to the said will in the presence of the said testatrix and in the presence of each other;and that,as your petitioners are advised and,therefore,allege,said wi tnesses,at the time of..attest ing said Will,were,and are now,competent. That the probable value and character of the property of the estate of said decedent are 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 Count y,State of Idaho;that the probable value of the property of the estate of said decedent does not exceed the sum of Fifteen Thousand and no/100 (lQ,OOO.OO);that said property is the separate property of said decedent. That Margaret Boone and James L.Boone are the names of the persons for whom letters testamentary are prayed to be issued by this petition. Wherefore,your petitioners pray that the said will be admitted to probate,and that letters testamentary be issued to ~argaret Boone and -2- ·.-- James L.Boone,or to ei ther of them,as is provided by the statu tes of'the State of Idaho,and that for that purpose that the Frobate JUdge of said Court fix a day for hearing this peti tion,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 othe r ne cessary and proper order15 rna y be made in the p ren:.is es. And your petitioner will ever pray,etc. Dated the 4th day of :B'ebruary,1937. Margaret Boone James L.Boone JAMES L.BOONE ttorney for Petitioners Residing at Boise,Idaho. P.O.Address:Boise,Idaho. (robate Court, (Canyon CountY,Idaho (F I LEDrnTEEPROBATECOURT(Feb 18 1937 (_!1.R.RIORDAlT Clerk OF CANYON COUNTY ,STATE OF IDAHO In the Matter of the Estate of Annie E.Boone, Deceased. ) ) I ) ) ORD R 1 D.HTTlliG 'ILL TO PROBATE AND GR.AN TIHG LETTERS TESTA:.IENT~t,.RY The petition of Margaret Boone and James L.Boone heretofore filed herein,praying for the admission to ~obate of a certain document filed with this Court on the 4th day of February,1937,and purporting to be the last will and testament of Annie E.Boone,deceased,and that I letters testamentary be issued to 1argaret Boone and said James L.Boone, this day corring on regularly to be heard,and the matter having been sub- mitted for decision and due proof of the giving according to law and the order of this Court of the notice of the time and place of hearing said petition haVing been made at the hearing to the satisfaction of the Court, it appears to this Court that ,said Annie E.Boone died on the 30th day of January,1937,in New York City,Hew York;that said doc ument is the last will of said Annie E.Boone;that said last will was duly executed and attested as in the manner and form required by law;that said Annie E.Boone, at the time of executing said last Will,TIas over the age of 18 years,was of sound and disposing mind and not acting under duress,menace,fraud or undue influence or in ~ny respect incompetent to execute said Will;that due and legal notice has been given of the time and place of hearing said petition; that the petitioners,said Margaret boone and said James L.Boone,are eligible to be appointed executors of the said will of Annie E.Boone and are competent persons qualified to act as such executors;that pe~itioners, at the time of filing their said petition,did deposit With this Court a true copy of their said petition and also a tr~e copy of said last will; that notice to all the heirs of the testat£!ha~been given as required by law;that no person,or their representative,appeared to contest said will; that Peder Jensen and Jenny Jensen,witnesses to said will,residing in Canyon County,Idaho,have appeared and testified that the Will was executed in all I particulars as required by law and that the testator was of sound and disposIDgl mind at the time of its execution. ViliEREFORE,IT IS ORDERED that the said document heretofore purporting to be the last will of nnie E.Boone,deceased,be,and the same hereby is,proved and allowed,and the same be,and it hereby is,admitted to probate as the last will of Annie ~.Boone,deceased,and the said Margaret Boone and the said James L.Boone be,and they hereby are,appointed executors of the said will of said Annie E.Boone;and IT IS FURTHER ORDERED that letters testamentary issue to said 1argaret Boone and said James L.Boone upon tl.em and each of them taking and filing tle oath required by law,it being provided in said will that no bond shall be required from said executors,Or either of them. Done in open court this 18th day of February,1937. (Sgd.)B.R.Riordan Probate JUdge. hereunto set my hand and aff~~the Canyon County,Idaho,this day ~fUdg€()fth€PT()a teCOUrtOf Canyon County,Idaho Certificates to Copies (U.S.Statutes,Sec.905) State of Idaho Probate Court Canyon County,SS: I,B.R.Riordan,Judge and ex-officio Clerk of the Pro- bate Court,within and for 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 "WI L","PETITION FOR PROB.h.TE OF ·,ILl iJiD ISSUiliCE OF L.CTT:L:RS TES- T 'mIT.LoORY"and "ORDER ;;'DldITTI TG InLL TO FROB TE _~D GRANTI:IG L~~TERS TJ:!,STJJ,::ENTARY"in the matter of the Estate of iillIlie E.Boone,deceased, as the '''fune appear upon the records of said Court;and I further cer- tify that J have carefully compared the foregoing copy with the ori- ginal record,and that the same is a full and correct transcript thereof. IN ~J1TNESS ·/HEREOF,I hereunto set my hand and affix the seal of said Court,at Caldwell,Canyon County,Idaho,this day of July,A.D.1938. The State of Idaho,Canyon County, I,the undersigned,sole Judge of the Probate Court wi thin 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 of Idaho, the Judge of the Probate Court is ex-officio the Clerk of his own Court.And I further certify that I,the said B.R.Riordan,whose genuine signature is attached to the foregoing certificate,am,and was a t the time of signing the same,ex-offi c io Clerk of said Probate Court,and as such,full faith and credit are due my acts,and that the abo'"'certiticate and attestation are in d"e form of law,and made by 'the proper officer. TIT T'ITNESS lliEREOF,I seal of sa:'d Court at Caldwell, of July,.D.1938. The STA TE OF ID ,-LO,COlI-ITY OF C.t'...dYOJ."SS: I,the undersigned,ex-officio Clerk of the Probate Court vlithin and for said County and State aforesaio,hereby certify that I,the said ~.R.Riordan,an also •.sole Judge of said Probate Court,dUly commissioned and qualified,and noVl acting as such. IN IITNESS ;,liEREOF,I hereunto set my hand and affjdhe seal of said Court at Cal dwell,Canyon County,Idaho,this day of July,~.D.1938. said Probate County,Idaho.