Probate and Estate Articles |
| Anderson vs. Ballard Heirs |
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Leon Reporter Leon, Decatur County, Iowa Thursday, July 19, 1900 ORIGINAL NOTICE In the District Court of Iowa, in and for Decatur County, August Term, 1900. JOHN B. ANDERSON, plaintiff, vs. The Unknown Heirs of JOHN BALLARD, deceased, HANNAH BALLARD, and the Unknown Heirs of HANNAH BALLARD, defendants. To the Above-named Defendants, unknown Claimants of the South-west Quarter of the South-east Quarter of Section Seven, Township Sixty-seven, Range Twenty-seven, Decatur County, Iowa: You and each of you are hereby notified that there is now on file in the office of the Clerk of the District Court of Decatur County, Iowa, the petition of JOHN B. ANDERSON, plaintiff herein, claiming to be the absolute and unqualified owner by purchase of the South-west Quarter of the South-east Quarter of Section Seven (7), Township Sixty-seven (67) Range Twenty-seven (27) West in Decatur County, Iowa, and that said plaintiff and his grantors have been in the quiet, peaceable and uninterrupted possession of said premises under color of title and claim of right for more than forty years last past; that said land was patented by one JOSEPH A. HUNT, and by the said JOSEPH A. HUNT deeded to one JOHN BALLARD, husband of HANNAH BALLARD and the father of the unknown heirs of JOHN BALLARD, herein referred to; that the said JOHN BALLARD sold said premises by bond or contract to one JOHN RIDDLE sometime during the latter part of the year 1856 or fore part of the year 1857, and that the said JOHN RIDDLE fully paid the said JOHN BALLARD for said premises; that the said JOHN BALLARD referred to herein died some four or five years after said sale to the said JOHN RIDDLE, and that the estate of the said JOHN BALLARD has been fully settled by this Court; that HANNAH BALLARD is the widow of the said JOHN BALLARD, deceased; that as to whether or not the said HANNAH BALLARD is living plaintiff is not able to state, but if the said HANNAH BALLARD is still living she is a non-resident of the state of Iowa; and that personal service can not be made upon her in this state; that the defendants, the unknown heirs of JOHN BALLARD, HANNAH BALLARD and the unknown heirs of HANNAH BALLARD make some claim to said premises adverse to plaintiff; that the interest that said defendants, if any they claim, is derived by law as the widow and children and heirs at law of the said JOHN BALLARD, deceased, and HANNAH BALLARD his widow; that said premises were sold by the said JOHN BALLARD and fully paid for; that the names and residences of the heirs of JOHN BALLARD deceased, and HANNAH BALLARD and the unknown heirs of HANNAH BALLARD are unknown to this plaintiff and that plaintiff has sought diligently to learn the same. Plaintiff prays that his estate in and to said premises, to-wit: the South-west Quarter of the South-east Quarter of Section Seven (7), Township Sixty-Seven (67), Range Twenty-seven (27), in Decatur County, Iowa, be established; that the defendants, to wit: the unknown heirs of JOHN BALLARD, HANNAH BALLARD, and the unknown heirs of HANNAH BALLARD be forever barred and estopped from having or claiming any right, title or interest in and to said premises adverse to plaintiff; that the title to said premises be quieted in plaintiff; as against defendants and each and all of them or any one claiming by, through or under them; that the Court make an order for publication of notice of the pendency of this action, as by law in such cases made and provided, and for general equitable relief. You are further notified that unless you appear thereto and defend on or before noon of the second day of the August Term, 1900, of said Court, which commences on the 27th day of August, 1900, at the Court House in Leon, Iowa, default will be entered against you and decree rendered thereon. V.R. MCGINNIS, Attorney for Plaintiff. Leon Reporter Leon, Decatur County, Iowa Thursday, September 6, 1900 LAW and EQUITY: JOHN B. ANDERSON vs. unknown heirs of JOHN BALLARD, et al., decree quieting title. Copied by Nancee (McMurtrey)Seifert "With permission from the Leon Journal Reporter" December 6, 2002 |
| Alonza Fent Probate |
| The Davis City Advance Davis City, Decatur County, Iowa Thursday, December 12, 1895 'Notice of Final Report' In the estate of ALONZA FENT, deceased. In the District Court of Ia., in and for Decatur Co. No. 704 probate. To whomever this may concern: You are hereby notified that the undersigned administrator of the estate of ALONZA FENT has filed his final report therein in the office of the clerk of the district Court in and for the aforesaid county, and has asked for its approval and his discharge from further duty or responsibility therein, and that said report and application for discharge will come on for hearing before the court aforesaid at Leon, Ia., on the 20th day of January, A.D., 1896, at which time and place you can appear and show cause, if any you have, why said final report should not be approved and the undersigned discharged from further duty or responsibility therein. -- W.C. WHEELER, Administrator. Copied by Nancee (McMurtrey) Seifert September 9, 2003 |
| Eliza J. Woodard Estate |
| Decatur County Journal Leon, Decatur County, Iowa February 9, 1905 SARAH C. KIRKPATRICK was yesterday appointed administratix of the estate of ELIZA J. WOODARD, giving bond in the sum of $200. The petition recites that the property of the estate consists of $100 and an insurance policy of $2,000 issued by the Burlington Mutual Life Association which the administratix claims as the mother and heir of said ELIZA J. WOODARD. Decatur County Journal Leon, Decatur County, Iowa March 16, 1905 SARAH C. KIRKPATRICK, administrator vs. Merchants' Life Association of Burlington. In her petition plaintiff claims that on November 5, 1903, ELIZA J. WOODARD was received into the association as a member thereof and so remained until her death. At that time, defendant delivered to her a certificate of membership whereby defendant agreed to insure the life of ELIZA J. WOODARD and in case of death, to pay her beneficiary $2,000. On the 15th of December, 1903, ELIZA J. WOODARD died, her death being brought about by poison administered by the beneficiary, CHARLES WOODARD. Subsequent to her death, CHAS. WOODARD obtained possession of the certificate and kept it until February 20, 1904. At that time defendant fraudulently procured possession of the certificate by conspiring with CHAS. WOODARD and held the same until the latter's trial, which was the first time the plaintiff ever saw the certificate, or had an opportunity to become familiar with its contents. Then petitioner asked defendant to furnish blank proofs of death, but defendant refused and disclaimed all liability on said certificate. For this reason, defendant waived proofs, but plaintiff furnished additional proofs of death. CHARLES WOODARD was sentenced for poisoning his wife on January 21, 1905, and thereby forfeited all rights as a beneficiary or heir at law. At the death of ELIZA WOODARD, her father and mother were her sole heirs. Her father is dead and her mother has been appointed administrator of her estate. Plaintiff asks judgment against said insurance company for $2,000 and costs. Marion F. Stookey and G.W. Baker for plaintiff. Contributed by Nancee (McMurtrey) Siefert |
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