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HomeMy WebLinkAbout1550_HEBER_JOHN_69_257_12-28-1944_07-17-1946IN RE Estate of .Tobn Heber, deceased. EXEMPLIFIED COpy OF RECORD OF PROBATE COURT CUYAHOGA COUNTY.OHIO THE STATE OF OHIO, CUYAHOGA COUNTY }SSe IN THE PROBATE COURT I,NELSON J.BREWER,Clerk of the Probate Court within and for said County,do hereby certify that the foregoing is a correct Transcript of the Record in the matter of the last will and testament of John Heber,de- ceased,proofs to said will and order of Court admitting the same to probate,together with the appointment and qualification of Ralph J. Heidinger as the executor of said estate,notice of appointment and proof of publication of saIne;inventory and final statement filed in sald estate and order of Court approving said final statemenv. Said wL':"l was d.u':"y executed,proven and allowed agreeab.iy to the laws ani usages:.i'the Sta tp t)f Ohio. And I further certify that I have compared said Transcript with said Record, and that the same is a correct Transcript therefrom,and of the whole of said Record.And I further certify that NELSON J.BREWER,whose certificate is hereto annexed,is duly commissioned and qualified as Judge of said Pro- bate Court,and is the Presiding Judge thereof. IN WITNESS WHEREOF,I have hereunto set my hand and the seal of said Probate Court,at ~e City of Cleveland, THE STATE OF OHIO, CUYAHOGA COUNTY }SSe IN THE PROBATE COURT I,NELSON J.BREWER,Probate Judge of the County of Cuyahoga and State of Ohio,and Presiding Judge of said Court,do hereby certify that NEL- SON J.BREWER,whose signature appears to the foregoing exemplification and attestation,is Clerk of the Probate Court of said County and has the cus- tody of the records and files of said court,and that the said attestation made by him is in due form of law,and by the proper officer;and that the seal thereto attached is the seal of said Probate Court. IN WITNESS WHEREOF,I have hereunto affixed my name and the seal of my office,at the City of Cleveland in PROBATE JUDGE PC 99 5M 1920-36 .THE STATE OF OHIO ) )SS. CUYAHOGA COUNTY ) In re Estate of ) ) John Heber ) IN THE PROBATE COURT PROBATE OF WILL. June 7th,1945. On this 7th day of June,1945,an instrument in writing,dated Feb.21st,1938,and purporting to be the last will and testa-ent of John Heber,de- ceased,late of the City of Cleveland in this County,having been presented to Court for probate and record,and it appearing to Court that said decedent left no surviving spouse,and that the only next of kin of said decedent has duly waived the issuance and service of notice of the presentation of the said alleged will for probate;and Agnes M.Beadle and Albert M.Beadle,the subscrib~.witnesses to said alleged will, having appeared in open Court,were duly sworn and examined according to law as to the due execution and attestatiQn of the said alleged will,and their testimony was reduced to writing and filed. Whereupon it appearing to Court from the testimony so taken that said instrument in writing was duly executed and attested as a last will and testament,and that,at the time of the execution of the same,the testator was of lawful age,of sound mind and memory and not under any restraint,the Court now ad- mits said instrument in writing to probate as the last will and testament of the said John Heber,deceased,and orders that the sai~will,together with the testimony so taken,shall be recorded,in accordance with the statute in such cases made and pro- vided. Jour.609 Page 149. ThE STATE OF OHIO j )SSe CUYAHOGA COUNTY ) In re Estate of ) ) John Heber ) June 7th,1945. IN THE PROBATE COURT. Thereupon,the last will and testament of said John Heber, deceased,having been duly proved and admitted to probate,this cause came on to be heard on the application of Ralph J.Heidinger,who is narned in said will as executor thereof,to be appointed as such executor;and the Court being satisfied that the applicant is a suitable person and is legally competent,and that,by the terms of the will,the testator requests that the executor may execute said will without bond,it is,therefore,by the Court ordered that the said Ralph J. HeidL~ger be and he is hep-eby appointed as executor of the last will and testament of said John Heber,deceased,and that letters testamentary be granted and issued unto him herein with Jut the giving of bond. Jour.609 Page 149. Sedions 10506-2 and 10509-2 G.C. LETIERS TESTAMENTARY THE STATE OF OHIO,} IS IN THE PROBATE COURTCuyahogaCounty. I,NELSON J.BREWER,Judge of the Probate Court within and for said Cuyahoga County in the name and by the authority of the State of Ohio,do by these presents MAKE KNOWN,that in said Probate Court at Cleveland,Ohio,on the 'lth day of...J.1ID.e , 19 45.,the last Will and Testament of .Iobn..H..e.b.e.r.........•.•..............•.........•................•..•••...........•••..••, deceased,(a copy of which is hereto annexed)late of .9J.t?y.t?J~9_.1..9.!?-J.9 , in said County,was duly proven and allowed by said Court;and that administration of all and singular the goods,chattels,rights and credits of said deceased any way concerning hJ.9 last Will was committed to Ea1..ph..J.•..1:i.ei.d..iJ).g.~T.,. of ~a~t..Qleyeland~..Qhio ,the execut.o:r..in said Will named;and the said executor shall, 1.Make and return to the Court,on oath,within the time required by law,a true inventory of all the moneys,goods,chattels,rights and credits of the testator which are by law to be ad- ministered,and which come to..hJf?possession or knowledge;and an inventory of the real estate of the deceased; 2.Administer according to law and the Will of the TestatQr.,all hilL goods,chattels, rights and credits,the proceeds of any action for wrongful death,or of any settlement,with or without suit,of a wrongful death claim,and the proceeds of all hJ~real estate sold,which come to the possession of the execut.Rr or to the possession of any other person for 0.~.'!1 ; 3.Render upon oath,a just and true account of..hJp.administration at the time or times when required by the Court or the law;failing to do so for thirty days after lf.~..J:l.~.l?been notified by the Probate Judge of the expiration of the time h~may forthwith be removed by the Court and he shall receive no allowance for services,unless the Court enters upon its journal that such delay was necessary and reasonable; And shall faithfully and honestly discharge the duties devolving upon b..im as such execut.....Qr...........• IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the seal of said Probate Court at Cleveland,Ohio,this 7.th.day of ...Iune ,19..~5...• 'E'SO J.QQk'",iJnO P bat J dg......}~...k ...~{...,...~.m+-l(l~~\...._....................ro e u e (SEAL) PC.6 6M·2289·48 By.J:U\~~~t.!_!~.e.M:k Deputy Clerk Doc No .__.. PROBATE COURT Cuyahoga County,Ohio In Re Estate of .Letters Testamentary to 40__..~_....~.._....__..__-.. of John Heber I~. APPIlOVAL 01 ACOOUI'l'. OIl this _..I.6.L.L+...h_clq of __M~a~'I:.--~19"-A,1.\......to the Court that tile tol.lo1r1Dc puoUal and t1Dal accounts,I'8pQrts and stateMnts ot executors,adldnistraton,cuard1ana aDd truteee or the eetat. Mrnatter nueci haft·been du1T advertised accord1Dc to law b7 ODe iDaert101l or DOUoe 1D the Da1JT LepJ.....,a ___ .....•t e-eral c1roalatlGll-in this CounV,t.bree weke prior to tbe tiM tor the beer1nc ot aa1cl acooaat.a,..it 1Urtber eppear1Dg to the Court th~t DO exceptions to said accounts,reports and etate-ents have been ftled aDd tIId ...., IlDCUtor,adIl1Dietrator aDd ~strator rith 'the rill annexed,test8llentar,y trustee wbo has DOt cc.pl.eted the ada1D1a- ~tlon of bis decedent's estate and eye17 guardian who ,hilS not COIIpleted RdIIl1n1.stratlon of bis ward's estate and hal ftled a partial account ot bis administration,and h~made a full,itemized statement of all tlmds ot the decedeDt's or ward's estate under his control,the date and nature of their investment,the securit,.therefor and the rate ot interest or inCQllUl accruing thereon,and harlng exhibited to the Court for its exaaination the securitY'or securiUes IIl1ch he has tor said taDda and oth~erldence of title end indebtedness required 1J7 law;and it further appearing to the Court that all persons known to have an interest in the estates of said decedents and the said warda haYe been g1~ dDe DOUce of said hearing according to la"or haTe "aived notice thereof and that all such persons UDder dtaaldllV aDd all such persons now unborn are fairl,.and adequatel,.represented in said hearing;JUld the Court,on exsmination,tiDde that said accc)\~ts,reports 'and stateaents are each aDd all of thtlll in all respects correct and true,here1J7 appl'C)nS aDd oonfiraa tie saae and orders that they shaJ.l be recorded,flS prorlded bY'law. ADd it'is further ordered that in all CU88 --.sn aaid tinal accounts are app1"Oftd aDd d1.tr1~ baa DOt been aade aDd there r_ains 1a the hands of the executor,adII1D1strator or trustee a rea1dae,~fd such residue be II8de according to law or in accordance with the prorlsions of the decedent's rill as the case fII!tT 'be, ,, aDd that in all cases eY1dence of the distribution whether heretotore or hereafter aade be presented to th18 Court rith1a two -emths freD this date;and it further appearing to the Court that in all cases wherein the tinal account ot the executor,adII1n1strator or trustee has been approYed and such executor,adainistrator or trustee has included in bis said account or has presented to the Court an account of his payment to the distributoees ot their d1at.ributi...abares -.de in accordance rith the order of the Court,and that said account of the ~t of the distributift ahares was in each case duly praYed to the satisfaction of the Court Md was verified by the oath of the executor,adainistrator or It is,therefore,ordered thl\t such accounts of final dJ.lltf'ibution be and they IU'8 hereby approftd allowed sa the final discharge of said executor,adIII1n1str'l.tor or trustee;3Dd it 1a further ordered that aaid MClIClllll1ts ot d1atr1batlon be recorded according to law;and it is fUrther ordered thnt such discharp shall tornv __rr&te _ch executor,adainistrator or trustee and his sureties rro.turther liabilitY'un1es8 hi.acOOQDt 'be s..-checl tor &aud 01'..s.test error. 181iIl~ofa 371752 JOHN HEBER F AL STATEMEl T Jour.