to one half of the said common property, free from any charge or obligation to pay any of the debts at any time contracted by the said decedent. The administrators and administratrix will make report to this court of the payments under this order. T. W. FREELON, County Judge. Sections Act. NO. 162. PETITION BY EXECUTORS FOR ORDER TO PAY DIVIDEND. (§ 241, 242.) To the Hon. T. W. Freelon, Judge of the County Court for the County of San Francisco, and ex officio Probate Judge. The petition of H. W. Halleck, A. C. Peachy and P. W. Van Winkle, executors of the last will and testament of Joseph L. Folsom, deceased, by their attorney, Frederick Billings, respectfully represents: That the following schedule marked A," contains a list of the claims against the estate of the said Folsom, allowed by the executors and approved by your Honor, as probate judge, and now filed in court, and the claims established against said estate by judgments, (exclusive of the claims allowed by your petitioners in favor of the trustees of the "City Market Company, and of a judgment in favor of the United States, in the United States Circuit Court, which judgment has been fully paid,) and also a list of the original amounts of mortgages on parts of said estate, the rates of interest which they severally bear, and the amounts paid on each from the proceeds of the sales of the property so mortgaged; which schedule, they pray may be taken as a part of this petition. And your petitioners further represent that they are informed and believe that all the claims therein set forth have been filed with the clerk of this court. And your petitioners further represent that they have on hand moneys belonging to the said estate for distribution, sufficient to pay forty (40) per cent on said claims and judgments, principal and interest. Your petitioners therefore respectfully pray, that an order may be entered, authorizing them to pay said creditors of said estate named in said schedule, forty (40) per cent, principal and interest, on the amount due to each, on the fifteenth day of June, A. D., 1857, and that the payments be endorsed on said claims, and that when so paid, your petitioners may have credit therefor, and for the amount thereof, in their account with said estate in this court, excepting the said claim of the Trustees of the City Market Co., and said judgment in the United States Circuit Court, and also a mortgage held by Abel Guy, dated the 9th day of September, A. D., 1854, for $40,000, with interest, at the rate of 2 1-2 per cent per month, which said mortgage has been a subject of litigation between your petitioners and said Guy, in the Fourth Judicial District Court in which said court has decreed (in May last) the said Guy to credit said mortgage with the sum of fifteen thousand four hundred and fifty (15,450) dollars, for the purchase of property by him, covered by said mortgage at a sale of your petitioners of real estate held on the 13th and 14th days of November, 1856, for which said judgment, the said Guy has taken the preliminary steps for an appeal to the Supreme Court. [Here follows the Schedule referred to.] FREDERICK BILLINGS, NO. 163. ORDER TO MAKE PARTIAL PAYMENT. (§ 241 to 343.) In the matter of the application of H. W Halleck, A. C. Peachy and P. Warren Van Winkle, executors of the estate of Joseph L. Folsom, deceased, for an order to make a partial payment of the debts allowed against the estate by the Executors, and those established against the estate by judgments. Upon reading and filing the petition of the said executors, and the schedule of creditors of said estate thereto annexed, and on motion of Frederick Billings, Esq., attorney for the executors, and it appearing to the satisfaction of the court that the statements set forth in the petition of which the schedule is made a part, are true. K Sections Act. Probate It is hereby ordered and decreed, that the said executors do pay forthwith, upon presentation of their respective claims, the said creditors, forty per cent on the amount thereof, principal and interest, and that the said claims filed in this court, as represented in said schedule, be withdrawn by the respective creditors or their assigns, for the purpose of presentation to said executors, so that the amount paid can be endorsed thereon, and then returned to the files of this court by the said creditors. And it is further ordered, adjudged and decreed, that all payments made by said executors, under, and by virtue of this order, be allowed and credited to them in their accounts as executors of said estate. It is further ordered, that this order for a partial payment of forty per cent, does not include the payment of the claims of the trustees of the City Market Company, nor of the said judgment in the United States Circuit Court, nor of the mortgage by the said Folsom to Abel Guy, dated the 9th of September, 1854, for $40,000 which has been the subject of litigation between the said Guy and the said executors. T. W. FREELON, County Judge. NO. 164. ISSUE ON EXCEPTION TO ACCOUNT, FRAMED AND CERTIFIED TO DIS- In the Matter of the Estate of William W. Cates, Deceased. In Probate Court, City and County of San Francisco. Richard F. Perkins, the administrator of the estate of William W. Cates, deceased' having rendered a final account of his proceedings as such administrator, from which it appears that said administrator has allowed as a just and valid claim against said estate a certain promissory note for eleven hundred dollars, dated October 16th, 1853, presented by one C B. Cates and purporting to have been executed by said decedent and James Grant, and Mary Grant, his wife, heirs at law of said decedent, having filed written objections to the passing of said account, alleging that said promissory note so presented to and allowed by said administrator is false and fraudulent, and that the same is a forgery; Now, on motion of Messrs. Janes, Lake & Boyd, attorneys for said objectors, counsel for said C. B. Cates the claimant, consenting thereto, it is ordered that the issue of fact thereby joined, to wit: "Whether said promissory note so presented to and allowed by said administrator be or be not false and fraudulent, and a forgery," be and the same is hereby certified to the District Court of the Twelfth District in and for the city and county of San Francisco for trial. M. C. BLAKE, Probate Judge. NO. 165. ORDER ALLOWING FINAL ACCOUNT. († 237.) In the Matter of the last Will and Testament of Henry A. Harrison, Deceased. In the Probate Court of the City and County of San Francisco, March 15th, 1858. Present the Honorable T. W. Freelon, Probate Judge. On reading and filing the final account of William T. Hoffman, executor of the last will and testament of Henry A Harrison, deceased, filed in this court on the first day of March, A. D. 1858, and also, on reading and filing the report of D. P. Belknap, Esq., the auditor to whom it was referred by this court, by order dated on the said first day of March, A. D., 1858, to audit and report on the same by which it appears that said account is in all respects correct. And upon hearing, the said William T. Hoffman, executor, and E. W. Taylor, Esq., guardian ad litem, appointed to represent the interests of the absent minor heirs and devisees upon the settlement of said account, no one appearing to oppose; and it having been first fully proved to the satisfaction of this court that due and legal notice has been given of the time and place of settlement as required by law. It is hereby ordered, adjudged and decreed, that the said account of the said executor be, and the same is hereby passed and allowed, and the said report is hereby accepted and confirmed. Sections And it is further ordered, that the said executor pay to E. W. Taylor, Esq., guar- Act. dian, ad litem, the sum of twenty-five dollars, and to said auditor, the sum of twenty dollars, their fees in the premises, out of the estate of said deceased. T. W. FREELON, County Judge. NO: 166. ORDER ALLOWING GUARDIAN'S ACCOUNT. (§ 237.) At a Probate Court held, in and for the City and County of San Francisco, on the fifteenth day of December, A. D., eighteen hundred and fifty-seven. Present: Hon T. W. Freelon, Probate Judge. In the Matter of the Estate and guardianship of Mary Evelina Brunell, an infant. On reading and filing the annual account of Orson A. Reynolds, guardian of the person and estate of the said Mary Evelina Brunell, an infant, filed in this court on the thirtieth day of November, A. D., eighteen hundred and fifty seven, and the vouchers appertaining thereto; and also the statement and petition of said guardian, annexed to said account, and on examining said account and vouchers, and the same appearing in all respects satisfactory to this court, and also, on filing the notice required by law to be given of the settlement of said account with the proof of publication or posting, as required by law, and no person appearing to oppose. Now, therefore, it is hereby adjudged and decreed, that the account of the said Orson A. Reynolds, guardian, etc., be, and the same is hereby passed, approved, and allowed, as rendered by him. And it is hereby further ordered and decreed, that the said guardian be, and he is hereby allowed the sum of seventy-five dollars per month, for the support, maintenance and education of the said Mary Evelina Brunell, for and during the year following the seventh day of October, A. D., eighteen hundred and fifty seven, to be paid out of the income of the estate of said infant. December 14th, 1857. T. W. FREELON, County Judge. NO. 167. DECREE OF CONFIRMATION OF FINAL ACCOUNT AND CLOSING THE At a Probate Court held at the City Hall, in the city and county of San Francisco, Present Hon. T. W. Freelon, Probate Judge. In the Matter of the Estate 248. 249. Whereas Thomas H. Selby, heretoforc to wit: on the first Monday of January, 1857, duly appointed by this court administrator of the estate of Percy G. Clare deceased, on the 11th day of January, 1858, filed in this court his final account as such administrator with a petition praying that a day be appointed for a settlement of the same, and that the administration be closed, and thereupon a day having been duly appointed by this court, to wit: the 25th day of January, 1858, for the § 233. settlement of said account and for hearing the proofs and allegations of said party, On which day, at the time and place named in said order, said administrator appeared in person and by J. A. McDougall, Esq., his attorney, and due proof was made to the satisfaction of this court and filed herein, that notice of the settlement § 238. of said account had been given by the clerk of this court by causing notices to be posted in three public places in the said county, on the day of filing said account, § 233. setting forth the name of this estate and of the administrator, and of the day appointed by this court for the settlement of said account, the same being a day of term of this court, Sections And also appeared 8. H. Brodie, Esq., duly appointed by this court to represent § 235. the minor heirs of this estate upon said settlement, § 234. § 236. And also appears Simon L. Jones and Edward W. Willett, creditors of said estate, by O. L Shafter, Esq., their attorney, And the hearing and allegations of the respective parties being adjourned to this 287. day by order of the court duly entered upon the minutes thereof, And now upon this first day of February, 1858, the said matters coming on for 236. final settlement, and the report of James D. Thornton, Esq., the auditor to whom 231. was referred said account, being filed, showing that said account is correct and fully 232. sustained by proper and legal vouchers on file, and no exceptions having been filed to the same, and a full investigation of the said administration having been made before the court, and all the parties interested being heard, and the court having duly considered the matter of said final account and the proceedings of the administration, And it appearing to this court from the showing and the proofs, as follows, to wit: That the said administrator in his account has duly charged himself with the § 216. whole of the estate of the deceased which has come to his possession, at the value 217. of the appraisement contained in the inventory, and also with all the increase, profit and income thereof, and that he has accounted for and explained, to the satisfaction of this court, all losses by the decrease or destruction of any part of the es§ 218. tate, and by uncollected debts, showing that he is not responsible and that the same are without his fault; § 128. That the requisite notice to creditors, in proper form, was duly published as directed by the order of this court, immediately after his appointment, and that all the proceedings in the administration have been conducted fairly and justly and in accordance with the provisions of the statute regulating the same, and the said administrator has not in any manner mismanaged nor wasted the said estate, and that all the proceedings necessary to a final settlement of said estate have been had, § 239. That the said administrator has paid debts of the 1st and 2d classes, to wit: the §242. funeral expenses, the expenses of the last sickness, and the allowance made to the family of the deceased and all the necessary expenses of administration up to this time; That there are no debts or claims established against said estate of the 3d class, to wit: debts having a preference by the laws of the United States, and that there is a sufficient amount of money in his bands to pay such debts of the 4th class, to § 239. wit: judgments rendered against said deceased in his life-time, and mortgages in the order of their date, as are established to be preferred claims; That there are three mortgage claims which were a lien upon one and the same tract of land of different dates; which said land has been sold in due course of ad§ 186. ministration, and has realized a sum sufficient for the payment in full of the first of said mortgages, the same being for the sum of $5,000, due to E. H Washburn, and § 240. for the payment of one-half of the second mortgage, the same being for $4,000 and 128 due to Henry S. Austin; and that the said mortgage claims have been duly presentto 135, ed and approved and filed as established debts; That after the payment of the said judgments and said first mortgage and the one half of the second mortgage, there will not be sufficient funds in the hands of said 239. administrator to pay in full debts of the 5th class, to wit: all other demands against 240. the estate, which with the said unpaid half of said second mortgage and with said third mortgage, amount to the sum of $37.898 50, but that the said remaining assets § 241. are sufficient to pay a dividend of sixty-two and one-third per centum of said claims, 243, together with the remaining expenses of administration, Now therefore, it is hereby ordered, adjudged and decreed, that the said account § 237. of said administrator be and the same is hereby fully and in all respects allowed and confirmed. 242. And it is further ordered, that after paying the remaining expenses of adminis221. tration, which consist of the commissions of said administrator, as estimated in his 236. said account, the fees of the said auditor and the guardian ad litem, which are here235. by fixed at fifty dollars each, and the costs of court which have been ascertained 242. and taxed at thirty-two dollars and fifty cents, the said administrator do pay the 186. whole amount due on said first mortgage, and the one-half of the amount of said 240. second mortgage, and upon the remaining debts, being the 5th class as above set 241. forth, he pay the remaining funds in his hands, the same constituting a pro rata 243. dividend of sixty-two and one-third per centum, upon the said claims respectively, Sections according to to their several amounts, as set forth in the said account, a full list of Act. which said debts and the respective sums to be paid thereon, is as follows: [Here follows a list of such debts and the dividends.] 243. And it is further ordered, adjudged and decreed, that upon the payment of the § 245. said several sums berein above ordered, and upon filing due and proper vouchers therefor in this court, that said administrator shall be entitled to a full and final § 279. order of discharge, and that his sureties shall thereupon and thenceforth be discharged from all liability for the future acts of said administrator. Let the above order be entered. T. W. FREELON, Probate Judge. NO. 168. PETITION FOR DISTRIBUTION TO HEIR BEFORE CLOSE OF ADMINIS- In the Matter of the Estate of Alonzo Hill, Deceased. Probate Court of the City and County of San Francisco. To the Honorable Thomas W. Freelon, Judge of Probate, in and for the city and county of San Francisco. The petition of Washington Hill, a resident of Spencer, in the county of Worcester and Commonwealth of Massachusetts, shows to your Honor, that he, the said Washington Hill is the father and sole heir to the estate of the said Alonzo Hill, late of said city and county of San Francisco, who died intestate on the 23d day of May, 1857, and leaving no surviving wife and no issue. And your petitioner further shows, that Robert C. Rogers, Esq., public administrator of said cty and county, is the administrator of said estate, the total value whereof, as appears by the inventory and appraisement thereof, on file in said court, amounts to the sum of two thousand six hundred and eighty (2,680) dollars and seventy-five (75) cents, and that more than three terms of said probate court have passed since the issuing of letters of administration on said estate to the said administrator, and that as your petitioner is informed and believes, there are no debts or claims outstanding against the said estate. Wherefore, your petitioner prays for an order of distribution of the said estate, and that all the property and funds belonging to the same, remaining in the hands of the said administrator after payment of the costs and expenses of administration, may be given to the petitioner upon the execution and delivery to the said administrator of the indemnity bond in such cases by law required, and for such other and further order and relief in the premises as may be just. And your petitioner will ever pray, etc. By his attorney in fact, JOHN H. BREWER. [Sworn to as in No. 35.] WASHINGTON HILL. 169. ORDER FOR HEARING ON SAME, AND NOTICE. (§ 251, 253.) In the Matter of the Estate of Alonzo Hill, deceased Probate Court of the City and County of San Francisco. Order of notice. Upon reading and filing the petition of Washington Hill, praying for an order of distribution of his share of the estate of Alonzo Hill, deceased, it is hereby ordered, that notice be given according to law, to Robert C. Rogers, Esq., administrator of said estate, and to all persons interested in said estate, to be and appear in said probate court, at the city hall, in the city and county of San Francisco, on Monday, the 25th day of January, A. D., 1858, at eleven o'clock, A. M., of that day, or as soon thereafter as the matter can be heard, then and there to show cause, if any they have, why the prayer of said petition should not be granted, and an order of distribution of said estate as prayed for, should not be made. T. W. FREELON, County Judge. San Francisco, January 11th, 1858. |