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In Rel to the Estate of TIMOTHY
MURPHY, dec’d –
In District Court, Dubuque
County, Iowa,
December 21st AD 1891.
ORDER ON
PETITION FOR APPOINTMENT OF ADMINISTRATOR |
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Now on the 21st day of December AD 1891
this cause came up for hearing on petition of JOHN MURPHY filed this
day asking that he be appointed administrator of said estate. And it
appears thereof as follows: That TIMOTHY MURPHY late of said county
died therein on or about the 14th day OF December 1891 leaving no
will so far as known or believed by this Petitioner. That said
deceased left surviving him the following heirs at law, viz: DENNIS
MURPHY, residing in Prairie Creek Twp., Dubuque County, NANCY
WALLACE residing in the Otter Creek Twp., Jackson County, Iowa. That
said deceased died seized of the following described real estate,
biz: Three hundred and twenty acres of land situated in Otter Creek
Township, Jackson Co., Iowa and also personal property of about the
value of Three Hundred Dollars. That the value of said estate
(diminished by debts) does not exceed the sun of Six thousand
Dollars. Your Petitioner being nephew of said deceased therefore
prays that letters of administration may be granted unto him on the
estate of said deceased.
And the Clerk
having duly examined said petition it is ordered that JOHN MURPHY be
and he is appointed Administrator of the Estate of TIMOTHY MURPHY
deceased upon filing bond in the sum of $600.00 and he is ordered to
publish notice of his appointment in the Dubuque Weekly Herald for 3
weeks.
Now on this 21st day of December AD 1891
JOHN MURPHY files with the Clerk of this Court his bond in $600.00
as Administrator with James Farrell as surety and the same being
examined by the Clerk is approved and Letters of Administration to
him issued therefor.
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In Rel to the Estate of TIMOTHY
MURPHY, dec’d –
In District Court Dubuque County,
Iowa,
March Term AD 1892
Page 1 of 13
ORDER ON
PETITION TO SELL REAL ESTATE |
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And now on this 18th day of March AD 1892
this cause came up for hearing on petition of Administrator to sell
Real Estate. And it is ordered by the Court that the Administrator
be and he is authorized to sell sufficient of the Real Estate
described to pay the debts scheduled and costs at not less than the
appraised value and James Drinn, M. Flannerey and Michael GRACE are
appointed Appraisers to make appraisement and the Administrator is
ordered to file bond in double the amount of appraisement.
To Jeremiah Murphy, Timothy Murphy,
Jeremiah Hallihan, Catharine Flynn, Daniel Hallihan, Timothy
Hallihan, Abbie Hallihan, Mary Hallihan, John Hallihan: You are
hereby notified that there is now on file in the office of the Clerk
of the District Court of Dubuque County, Iowa the application of
JOHN MURPHY, Administrator of the Estate of TIMOTHY MURPHY, deceased
for leave to sell the real property belonging to said estate for the
purpose of paying the debts of said estate and unless you appear
thereto and object if any objections you have before noon of the
second day of the next September Term of said District Court at
Dubuque which said Term will commence on the 12th day of September
AD 1892 when said application will be called up for hearing or as
soon thereafter as counsel can be heard said application will be
granted as prayed. – J.E. Knight Attorney for Estate – I, P.J.
Quigley one of the Publishers of the Dubuque Telegraph published in
the City of Dubuque and State of Iowa do solemnly swear that the
advertisement a copy of which is hereunto annexed was published in
said paper 4 weeks the first insertion being on Dec. 22, 1891.
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Estate of
Timothy Murphy,
Pg. 2 of 13
Original Notice |
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To ABBIE CALLAHAN and JULIA MURPY. You are
hereby notified that there is now on file in the office of the Clerk
of the District Court of Dubuque County, Iowa, the application of
JOHN MURPHY Administrator of the estate of TIMOTHY MURPHY, deceased,
for leave to sell the real property belonging to said estate for the
purpose of paying the debts of said estate and unless you appear
thereto ad object if any objections you have before noon of the
second day of the next September term of said District Court at
Dubuque which said term will commence on the 12th day of September
A.D. 1892 when said application will be called up for hearing or as
soon thereafter as can be heard said application will be granted as
prayed. – J.E. Knight, Attorney for Estate; State of Iowa, Dubuque
Co., I J.E. Knight hereby certify on oath that I personally served
the within notice on ABBIE CALLAHAN AND JULIA MURPHY by giving them
a true copy thereof the waiving the reading of it. All done in
Julien Township,, Dubuque Co., Iowa on the 6th day of Aug 1892. –
J.E. Knight; Subscribed and sworn to before me this 3rd day of
October 1892 – John J. Mullany Deputy Clerk D. C.
To ANN WALLACE. You are hereby notified
that there is now on file in the office of the Clerk of the District
Court of Dubuque County, Iowa, the application of JOHN MURPHY
Administrator of the estate of TIMOTHY MURPHY, deceased, for leave
to sell the real property belonging to said estate for the purpose
of paying the debts of said estate and unless you appear thereto ad
object if any objections you have before noon of the second day of
the next September term of said District Court at Dubuque which said
term will commence on the 12th day of September A.D. 1892 when said
application will be called up for hearing or as soon thereafter as
can be heard said application will be granted as prayed. – James E.
Knight, Attorney for Estate; I do hereby accept service of the
within notice this 29 day of July AD 1892. ANN WALLACE [her X mark]
To CATHERINE McDONALD. You are hereby
notified that there is now on file in the office of the Clerk of the
District Court of Dubuque County, Iowa, the application of JOHN
MURPHY Administrator of the estate of TIMOTHY MURPHY, deceased, for
leave to sell the real property belonging to said estate for the
purpose of paying the debts of said estate and unless you appear
thereto ad object if any objections you have before noon of the
second day of the next September term of said District Court at
Dubuque which said term will commence on the 12th day of September
A.D. 1892 when said application will be called up for hearing or as
soon thereafter as can be heard said application will be granted as
prayed. – James E. Knight, Attorney for Estate. -- I do hereby
accept service of the within notice this 29 day of July AD 1892.
CATHERINE McDONELL [her X mark]
To JOHN MURPHY, CORNELIUS MURPHY, ABBIE
MURPHY, DANIEL HALLAHAN, CORNELIUS CALLAHAN, DANIEL CALLAHAN, DENNIS
CALLAHAN, MARY O’BRIEN, HANNAH McCARTHY, MARY GRACE and MARY WELSH.
You are hereby notified that there is now on file in the office of
the Clerk of the District Court of Dubuque County, Iowa, the
application of JOHN MURPHY Administrator of the estate of TIMOTHY
MURPHY, deceased, for leave to sell the real property belonging to
said estate for the purpose of paying the debts of said estate and
unless you appear thereto ad object if any objections you have
before noon of the second day of the next September term of said
District Court at Dubuque which said term will commence on the 12th
day of September A.D. 1892 when said application will be called up
for hearing or as soon thereafter as can be heard said application
will be granted as prayed. – J.E. Knight, Attorney for Estate. – I
do hereby accept service of the within notice this 16 day of June
1892.
To JOHN MURPHY, CORNELIUS MURPHY, ABBIE
MURPHY, DANIEL HALLAHAN, CORNELIUS CALLAHAN, DANIEL CALLAHAN, DENNIS
CALLAHAN, MARY O’BRIEN, HANNAH McCARTHY, MARY GRACE and MARY WELSH.
We, the
undersigned heirs of the late TIMOTHY MURPHY, deceased, would state
that the said TIMOTHY MURPHY left an estate consisting of the
following described property, viz. The Southwest quarter of the
North West quart and the North West quarter of North West quarter of
Section Twenty-Nine (29), Township Eighty-six (86), North of Range
Two (2) East of the 5th P.M. and the North east quarter of the North
east quarter and the South east quarter of the North East quarter
and NE quarter of the South east quarter and the West half of the
South east quarter and the east half of the southwest quarter of
Section (30) all in said Township 86, No. of Range 2 East of the 5th
PM. That we believe that it will be best for all parties interested
inI said property that the whole of it be sold, That if only part of
said property be sold the part remaining unsold will have to be
partitioned among the heirs which will involve great cost and
expense. We therefore ask the Court to make an order allowing all of
said above described property to be sold. To JOHN MURPHY, CORNELIUS
MURPHY, ABBIE MURPHY, DANIEL HALLAHAN, CORNELIUS CALLAHAN, DANIEL
CALLAHAN, DENNIS CALLAHAN, MARY O’BRIEN, HANNAH McCARTHY, MARY GRACE
and MARY WELSH.
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Estate of
Timothy Murphy,
Pg 3 of 13
In Rel. to the Estate of Timothy
Murphy, Dec’d –
In District court Dubuque County
Iowa,
September Term, AD 1892
APPOINTMENT OF GUARDIAN AD LITEM: |
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And now on this 15th day of October AD1892
this cause came up for hearing on petition of JOHN MURPHY,
Administrator of said Estate filed June 6th, 1892 for order to sell
Real Esate and C. E. Lyon, an Attorney of Record of this Bar is
appointed Guardian ad litem for all minor. On this 15th day of
October AD 1892, C.E. Lyon the duly appointed Guardian ad litem
files the following answers:
In District Court
Dubuque Co., In re Estate Timothy Murphy, dec’d – For answer to the
application to sell real estate filed in above entitled case now
comes TIMOTHY HALLIHAN minor by his duly appointed guardian ad litem
C.E. Lyon and denies each and every allegation therein contained. –
TIMOTHY HALLIHAN, by his guardian ad litem C. E. Lyon.
In District Court
Dubuque Co., In re Estate Timothy Murphy, dec’d – For answer to the
application to sell real estate filed in above entitled case now
comes JOHN HALLIHAN minor by his duly appointed guardian ad litem
C.E. Lyon and denies each and every allegation therein contained. –
JOHN HALLIHAN, by his guardian ad litem C. E. Lyon.
In District Court
Dubuque Co., In re Estate Timothy Murphy, dec’d – For answer to the
application to sell real estate filed in above entitled case now
comes ABBIE HALLIHAN minor by his duly appointed guardian ad litem
C.E. Lyon and denies each and every allegation therein contained. –
ABBIE HALLIHAN, by his guardian ad litem C. E. Lyon.
In District Court
Dubuque Co., In re Estate Timothy Murphy, dec’d – For answer to the
application to sell real estate filed in above entitled case now
comes MARY HALLIHAN minor by his duly appointed guardian ad litem
C.E. Lyon and denies each and every allegation therein contained. –
MARY HALLIHAN, by his guardian ad litem C. E. Lyon.
In District Court Dubuque Co., In re
Estate Timothy Murphy, dec’d – For answer to the application to sell
real estate filed in above entitled case now comes DANIEL HALLIHAN
minor by his duly appointed guardian ad litem C.E. Lyon and denies
each and every allegation therein contained. – DANIEL HALLIHAN, by
his guardian ad litem C. E. Lyon.
…………
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In Rel to
the Estate of TIMOTHY MURPHY, Dec’d –
In District Court
Dubuque County, Iowa
September Term AD 1892:
ORDER ON PETITION TO SELL REAL
ESTATE |
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And now on this 15th day of October AD
1892 this cause came up for hearing on petition of JOHN MURPHY,
Administrator of said Estate filed June 6, 1892 asking for an order
to sell real estate. And it appears therefrom as follows: In the
District Court of Dubuque County, Iowa, In Rel Estate of TIMOTHY
MURPHY, Deceased: JOHN MURPHY, Administrator of the above named
estate would respectfully show to the Court that the Estate of the
Said TIMOTHY MURPHY is indebted as follows to wit: Gregore Bros,
undertakers $83.00; B. LAGEN Livery $33.00, Dr. O’Kempf Medical
services $358.00; Dr. J.J. Brownson $317.00; D. J. S. McCARTHY
medical services $6.00; Dr. J. M. Borthby medical services $18.00;
William Stephens promissory notes $340.00; Martin Carroll Bread
$3.55; M. Keuntz promissory note $220.00; James F. Burns care and
Nursing $175.00, Mrs. ANN WALLACE care and nursing $1,245.00. Total
$2,798.55.
The Said TIMOTHY MURPHY died seized of the
following described Real Estate situated in Otter Creek Township
Jackson County, Iowa, The SW quarter of the NW quarter and the NW
quarter of the NW quarter of Section (29) Township (86) North of
Range (2) East of the 5th PM, and the NE quarter of the NE quarter
and SE quarter of NE quarter, and NE quarter of SE quarter and the
West half of the SE quarter and the East half of the SW quarter of
Sec (30) all in Township (86) North of Range 2 East of the 5th PM
being 360 Acres. That said TIMOTHY MURPHY left no personal property
except his private papers. That there is not sufficient personal
property belonging to said estate to pay its just debts as set out
above. Wherefore said JOHN MURPHY Administrator prays the Court for
an order allowing him to sell said property at public or private
sale. – Duly sworn SS – JOHN MURPHY, Administrator.
And the Court
having duly examined said petition and the duly appointed Guardian
ad litem having properly filed his answer for the Minors and legal
notice having been served on all other parties concerned it is
ordered by the Court that the Administrator be and he is authorized
to sell the property named in the petition at not less than
appraised value and to give bond in double appraised value and James
Durin, M. Flannery & Michael GRACE are appointed Appraisers to
appraise said property. And it appearing that above named Appraisers
decline so act P.C. Melvey, William Jess & M. J. Gordon are herewith
appointed Appraisers.
On this 28th day
of April AD 1893 the following was filed to wit: State of Iowa,
Dubuque County, SS: Know all men by these Present that JOHN MURPHY
as principal and Charles MCCARTHY as security are held and firmly
bound to the State of Iowa for its use and benefit and for the use
and benefit of any person interested in the estate of TIMOTHY MURPHY
late of Dubuque County deceased in the penal sum of Seven Thousand
Nine Hundred and Twenty Dollars for the payment of which will and
truly to be made we do hereby
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Estate of Timothy Murphy,
Page
4 of 13 |
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bind ourselves jointly and severally our
heirs and sealed with our seals and dated this 28th day of April
AD1893. The condition of the above obligation is this: That whereas
by an order of thee District Court of Dubuque County State of Iowa
made on .. day of.. AD 1893 the above bounden JOHN MURPHY was
authorized to sell real estate of the said estate of TIMOTHY MURPHY
upon giving bond in the penal sum of double the appraisement. Now
Therefore if the said JOHN MURPHY shall faithfully perform the trust
reposed in him as such Administrator in the sale of said property
and shall pay over invest and account for all moneys received by
virtue of such sale according to the order of any Court having
jurisdiction in the premises and shall observe the orders and
directios of the Court in relation to such trust then the above
obligation to be void otherwise of force. – JOHN MURPHY – Charles
McCARTHY .
State of Iowa, Dubuque County SS: Charles
McCARTHY being duly sworn deposes and says that he is a resident of
the State of Iowa that he is the surety in the within bond that he
is worth the sum of Seven Thousand Nine Hundred and Twenty Dollars
beyond the amount of his debts and that he has property liable to
execution in the State of Iowa equal to Three Thousand Nine Hundred
and Sixty Dollars. – Charles McCarthy. -- Sworn to before me and
subscribed in my presence by the said Charles McCarthy this 28th day
of April AD 1893. Herman Zernecke Dep. Clerk – The above bond filed
and the sureties therein approved by me this 28th day of April AD
1893. – P. H. Halpin, Clerk by Herman Zernecke, Dep.
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On this
10th day of January AD 1894 the following was filled to wit:
COMMISSION |
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The State of Iowa, Dubuque County, SS –
District Court: To P.C. Meloy, William Jess & M.J. Gordon,
Gentlemen: You are hereby notified that you have been appointed by
the District Court of said County Appraisers to appraise the
following real estate belonging to the estate of TIMOTHY MURPHY to
wit: The SW quarter of the NW quarter and the NW quarter of the NW
quarter of Section (29) Township 86) North of Range (2) East of the
5th PM and the NE quarter of the NE quarter and SE quarter of NE
quarter and NE quarter of SE quarter and the West half of the SE
quarter and the East half of the SW quarter of Sec (30) all in
Township (86) North of Range 2 East of the 5th PM being 360 Acres.
You will therefore appear before some officer authorized to
administer oaths in and for this County and qualify according to law
and proceeding immediately to the discharge of your duty you will
make your report in writing to this Court of the value of said
property. Given under my hand and official seal at Dubuque, Iowa
this 29th day of March AD 1893. – R. H. Halpin, Clerk District Court
by Herman Zernecke, Deputy – The State of Iowa Dubuque County SS –
We P.C. Maloy, William Jess, M.J. Gordon having been appointed
Appraisers to appraise the aforesaid real estate depose and say that
we will faithfully and impartially perform this duty according to
the best of our knowledge and ability. – P.C. Maloy, Wm. Jess, J.J.
Gordon, Appraisers. – Sworn to and subscribed before me this 3d day
of April 1893, Jas McLaughlin (Seal)
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| REPORT OF APPRAISERS |
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To the District Court of Dubuque County,
Iowa: We the undersigned appraisers appointed by you to appraise
aforesaid real estate do hereby certify that we have examined said
real state and appraise it as follows: The 360 acres comprising the
Farm at $11.00 per acre making $3,960.00. Dated at Berard this 3d
day of April AD 1893 – P,C, Meloy, Wm. Jess, M.J. Gordon,
Appraisers.
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| In Rel.
to the Estate of TIMOTHY MURPHY, Dec’d. – In thee District
Court Dubuque County, Iowa, January Term AD 1894. – Order o
Report of Sale -- And now on this 10th day of January AD
1894 this cause came up for hearing on report of sale by
JOHN MURPHY, Administrator, filed this day. And it appears
therefrom as follows: |
District
Court – Dubuque Co. – Jan’y Term 1894. –
In re estate of
TIMOTHY MURPHY, Dec’d:
REPORT OF SALE |
Now comes JOHN
MURPHY, Adm. Of above estate and reports to the Court at the term of
said Court an order was entered on petition of this administrator
authorizing him to sell the following described real estate at
private sale to wit: The SW1/4 of NW1/4 & the NW1/4 of NW1/4 section
29-86-2 in Jackson Co., Iowa and E1/2 of NE1/4 and NE of SE1/4 and
W1/2 of SE1/4 and E1/2 of SW1/4 all in Section 30, Twp. 85 – 2 East
being 360 acres all in Jackson Co., Iowa at private sale for not
less than the appraised value. That said lands were duly appraised
by appraisers appointed for that purpose under the order of the
Court in the sum of $3,960.00. That this Adm. Filed a bond as
required by the order of Court which was approved by the Clerk of
this Court and petitioner has sold said land for the sum of
$3,960.00 being the best price obtainable therefor to James, John, &
Timothy Penny for Cash to be paid on the execution and delivery of
the deed therefor. Wherefore petitioner prays that said sale be
approved and a deed for said land ordered made therefor to said
purchaser. – J.E. Knight, Atty. For Adm.
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| State of
Iowa, Dubuque Co., SS |
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– JOHN MURPHY on oath says he is the Adm.
& petitioner herein that he has heard & read the above report of
sale and that the same is true. – JOHN MURPHY. – Signed & sworn to
before me by the affiant this 10 day of Jan’y 1894. Witness my hand
& seal, (Seal) C. E. Lyon, Notary Public.
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Estate of
Timothy Murphy,
Page 5 of 13 |
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And the Court having duly examined said
report of Sale made by JOHN MURPHY Administrator of the estate of
TIMOTHY MURPHY, deceased and the Court being satisfied that the said
Administrator has complied with all the orders of Court and the
requirements of the law it is ordered that the sale made by JOHN
MURPHY Administrator of the estate of TIMOTHY MURPHY, deceased to
James Penny, John Penny, & Timothy Penny of the SW1/4 of the NW1/4 &
the NW1/4 of the NW1/4 of Sec 29, Twp 86 North of Range 2 East of
5th PM & the NE1/4 of the NE1/4 and the SE1/4 of the NE1/4 and the
NE1/4 of the SE1/4 and the W1/2 of the SE1/4 and the E1/2 of the
SW1/4 of Sec 30 all in Twp 86 North of Range 2 East of 5th PM
containing 360 acres all in Otter Creek township, Jackson County,
Iowa and deed thereof be and they are herewith approved and the deed
is ordered to be delivered upon payment of purchase money.
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| ADMINISTRATOR'S DEED |
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Know all Men by these Presents: That
whereas on the 6 day of June ad 1892 JOHN MURPHY as Administrator of
the Estate of TIMOTHY MURPHY late of the County of Dubuque within
the State of Iowa now deceased filed his petition in the District
Court of Iowa within and for the County of Dubuque against JOHN
MURPHY, DANIEL HALLAHAN and others as appear and are named in the
records of this estate heirs at law of said decedent praying for an
order of said Court directing hi to make sale of the real estate of
said decedent to wit: The SW1/4 of the NW1/4 & the NW1/4 of the
NW1/4 of Sec 29, Twp 86 North of Range 2 East of 5th PM & the NE1/4
of the NE1/4 and the SE1/4 of the NE1/4 and the NE1/4 of the SE1/4
and the W1/2 of the SE1/4 and the E1/2 of the SW1/4 of Sec 30 all in
Twp 86 North of Range 2 East of 5th PM containing 360 acres all in
Otter Creek township, Jackson County, Iowa. And whereas it appears
to the court that a sale of said real estate was necessary for the
payment of the debts of said decedent’s estate it was by said Court
ordered adjudged and decreed that the sais JOHN MURPHY, Adm. Proceed
to make sale of said real estate aforesaid at private sale at not
less than the appraised value, therefore having sold said premises
to James Penny, John Penny, & Timothy Penny for the sum of Three
Thousand Nine Hundred & Sixty Dollars which sum was the appraised
value thereof and said sum having been paid by the said James Penny,
John Penny & Timothy Penny and whereas the said court afterwards
approved and confirmed the sale and ordered the said JOHN MURPHY,
Adm. to make and execute a deed to the said James Penny, John Penny
and Timothy Penny for said premises according to the statute in such
case made and provided: Now therefore I, JOHN MURPHY, as Adm. of the
estate of TIMOTHY MURPHY, deceased, as aforesaid in consideration of
the sum of $3960.00 to me in hand paid the receipt whereof is hereby
acknowledged and by virtue of the powers in me by law and by the
order of said Court, do hereby grant, bargain sell and convey unto
the said James Penny, John Penny and Timothy Penny the real estate
aforesaid with all and singular the appurtenances thereunto
belonging. To have and hold the same unto the said James Penny, John
Penny, & Timothy Penny his heirs and assigns forever. In Testimony
Whereof I, JOHN MURPHY, as such Adm. have hereunto set my hand and
seal this 8 day of January AD 1894. – JOHN MURPHY, Adm. of the
estate of TIMOTHY MURPHY dec’d. --- The State of Iowa, Dubuque
County, SS: Be it remembered that on the 8 day of January AD 1894
before the undersigned C.E. Lyon a Notary Public in and for said
county, personally appeared JOHN MURPHY, administrator of the estate
of TIMOTHY MURPHY deceased to me personally known to be the
identical person whose name is subscribed to the foregoing Deed as
Grantor and acknowledged the said instrument to be his voluntary act
and deed and that he executed the same for the purposes therein
mentioned. – Witness my hand and notaried seal the day last above
written. (Seal) C.E. Lyon, Notary Public of Iowa in and for Dubuque
Co.
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In Rel to
the Estate of TIMOTHY MURPHY, dec’d,
In District Court
Dubuque County, Iowa,
September Term AD 1894:
Order on Final Report of
Administrator |
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And now on this 27th day of September AD
1894 this cause came up for hearing on final report of JOHN MURPHY
Administrator filed August 23rd 1894. And the Court having duly
examined said final report it is ordered that the same be and is
herewith continued for proper notice upon all the heirs and for
explanation of the amount paid J. E. Knight, viz, $575.00 as there
is nothing in the character or content of the estate to warrant any
such charge and it is further ordered that said item be and the same
is herewith disallowed and hearing thereon ordered.
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In Re the
Est. of TIMOTHY MURPHY Dec’d –
SS – District Court of
Dubuque County, Iowa,
January Term 1895 – |
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On this 18th of February came on for
hearing the Final Report of Administrator in above entitled estate,
and the Court having examined said report the same is disapproved.
1st: It does not comply with rules with reference to final reports.
2nd: As to following items specially disapproved. 1st No voucher of
payment of $300.0 to O’Kempf; 2nd Amt. paid by Administrator to Wm.
Stevens offices to be nearly $100 in excess of claim; 3d claim of
Walter & Rhemburg in for amount less than p-aid; 4th No voucher for
court costs. 5th no voucher from auditor of Jackson County; 6th
Commission charged by administrator; 7th no claim charged as paid
appear to have been either proven or allowed and the charges for
doctors & nursing seem exorbitant -- attorneys fees claimed by J. E.
Knight have already been disallowed. Administrator will file a new
report which shall state what respective items are for, and make it
self-explanatory and
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Estate of
Timothy Murphy,
Page 6 of 13 |
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claims not proven or allowed will not be
considered. Report to be filed by 1st day of March Term next.. Claim
of ANN WALLIS dismissed as not filed or proven within time allowed
for filing and proving claim of 4 class.
On Dec. 15, 1896 –
Affidavit of publication of Notice of appointment of administrator
was filed, showing the same to have been published in the Herald for
3 weeks – The first insertion was Dec. 22, 1891 and the last was
January 15, 1892.
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In Rel to
Estate of TIMOTHY MURPHY In District Court Dubuque County
FINAL REPORT |
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Jan’y Term 1897 – Now comes JOHN MURPHY
administrator of the above named estate and respectfully submits to
the court this final report of his actions and doings as
administrator of said Estate. The assets which came into my hand as
administrator of said Estate consisted of a farm situated in Jackson
County, Iowa, comprising 360 acres of land and a promissory note
payable to decedent for the sun of $425.00. That decedent did not
leave sufficient personal property to pay his debts and I petitioned
this court to be allowed to sell the Real Estate belonging to the
Estate in order to be able to pay such debts and the court made an
order allowing the ordering such sale and the said land being duly
appraised I sold said premises receiving as the purchase price
therefor the sum of $3960.00 which together with the note for
$425.00 before mentioned made the total assets belonging to said
estate the sum of $4,385.00 from which sum I have paid the following
accounts and have made the following disbursements:
Resources: Assets of said Estate:
$4,385.00 --------- Liabilities: Dr. J. M. Boothby, Medical Services
$18.00; Gregoire Bros., funeral Expenses $83.00; Martin Carroll, for
Bread $355.00; B. LAGEN, For livery for funeral $33.00; James Burris
for Caring, nursing etc., $175.00; Dr. J. J. Brownson, medical
services $317.00’ William Stevens Maquoketa, two notes $460.18; Dr.
J. F. McCARTHY, Medical services $6.00; Hardie & Scharlie, Printing
$5.00; BYRNE Bros. livery $13.50; School fund Mortgage, Jackson Co.
$620.00; Dubuque Daily Telegraph, Printing $8.50; Walker & Rhomberg,
Money Loaner $125.00; J. E. Knight, for legal services, $475.00;
Levi Keck, Maquoketa abstract $6.00; C. E. Lyon, Legal services
$15.00; Taxes on farm land for 1891 $70.25; Taxes on farm land for
1892 $58.33; Dubuque Herald for printing $3.25; ANN WALLACE,
Garryowen, Nursing $150.00; Auditor, Jackson County $20.60; Court
Costs $54.50; John SULLIVAN, auctioneer of farm $10.00. TOTAL:
$2,988.58. IN THE previous final report filed by me herein I set out
that I paid Dr. O. Kempf, $300 for medical services. This proved to
be a mistake and it occurred in the following manner; to wit, I was
about to file a final report and offered Dr. Kempf who made a claim
against the estate the sum of $300.00 in full settlement of is
account. He seemed inclined to accept this sum but said he would let
me know in a day or so, about it, he did not inform me further in
the matter and I set the amount in the final report as paid to him,
believing that he would accept it, but he has since refused to do so
and claims more than said sum which I have refused to pay him. Dr.
Kempf is what is called a “Magnetic Healer” he devoted considerable
time to decedent and should receive a reasonable compensation. The
amount paid James Burris was for nursing and care of decedent for a
period of six months. The decedent lived at the home of Burns in
this city for a space of two years during which time he was in very
poor health. Mr. Burns was required to accompany him about in
attending to his business and assist him from one place to another.
As it was with difficulty that decedent could walk at all, during
the six months referred to decedent was in a helpless condition
requiring constant attendance both day and night and this Mr. Burns
gave him. Mr. Burns received no compensation for his services, other
than for the period of six months referred to and I consider the sum
paid to him very reasonable in view of the circumstances. The bill
of Dr. J. J. Bronson for medical services rendered to decedent is
not excessive. The decedent was an old man and was very eccentric in
regard to medical attendance. He imagined that he was suffering from
all manner of ills and desired the constant attendance of a
physician. Dr. Bronson waited on him for some years. He performed an
operation on him for cataract of the eyes and rendered him valuable
services in a private ailment that required much of his tie. Mr.
Burns informs me that the bill of Dr. Bronson is in no way
exorbitant. The amount paid William Stevens is in payment of two
notes and interest, held by him against decedent. I have again set
out in this report the amount paid me by J. E. Kight for legal
services which was disallowed and I hereby request the court to fix
the sum in compensation for said services. Mr. Knight states that
out of the amount paid to him he paid C. E. Lyon $25.00 for legal
services rendered by hi in matters connected with the Estate. The
claim of Walker & Rhomberg as set out herein correct and was for
money loaned decedent. The claim of Mm. Kunz as set out herein is
correct and was for money due from decedent on notes. The claim of
ANN WALLACE was for nursing and caring for decedent. I appeared
before Judge Husted with Mr. Graham, his attorney and Mr. Knight and
Judge Husted directed me to pay Mr. Graham for MRS. WALLACE the sum
of $150.00 in full for her claim. I have omitted from the report the
charge against the estate made by me as administrator and leave it
to the court to fix the compensation therefor. I desire to state to
the court how I came to pay the bill that were disallowed and the
other bill paid by me. I live in Prairie Creek Township in this
County and I have no business that requires me to come to town very
often and I am not in the habit of doing so except on business as my
time is fully occupied at home. I therefore desired to pay all bills
and asked Mr. Knight who was then ill in a hospital in this city and
unable to attend to business, whether I could not pay the claims
against the estate and afterwards have the court approve of my
actions. He told me that he thought I could do so, but desired me to
look into each claim before I paid it and ascertain its justness. I
did this and with the knowledge I had previous to the death of
decedent who was my uncle as to his personal affairs and the
information given me by
| ~~~~~ |
Estate of
Timothy Murphy,
Page 7 of 13 |
| |
parties in a position to know, I am
satisfied that I have paid none but just claims against the estate
and I feel that I have not been reckless or careless in the
adjustment of these claims. I obtained receipts and vouchers for all
payments made by me as administrator herein and attached to the
original final report. I have paid all claims against said estate
except that of D. O. Kempf and a judgment rendered against me as
garnishee in the case of James Lyons and Jno. F. McLEANN vs. DANIEL
CALLAHAN for such an amount as may be found due said CALLAHAN as an
heir to this Estate. There is now remaining in my hands belonging to
said estate the sum of [Blank] Dollars. Wherefore I respectfully ask
the court to permit me to pay said su into court and that I may be
discharged as administrator here under. – JOHN MURPHY BY J. E..
Knight, atty. For Estate. – State of Iowa, Dubuque County, S.S:
JOHN MURPHY being duly sworn on oath says
that he is administrator of the above estate; that the statements
set out in the foregoing final report are true & correct statements
of his receipts and disbursements of the assets of said estate which
came into his hands as administrator thereof. JOHN MURPHY -- Duly
sworn to in District Court Dubuque County, Iowa. On the 7th day of
Jan’y 1897 the claim of Otto Kempf allowed in the sum of $300.00.
Claim ordered paid costs. Distribution to be made of Balance
$1,226.87 to heirs. And when order of distribution is presented and
approved and heirs fully ascertained and receipt of distribution
filed administrator to be discharged and bond released. Clerk
allowed $5.00 to compute balance for administrator. --- Jan’y 14th
1897 – Administrator ordered to pay balance $1,226.87 unto clerks
hands and his bonds discharged and released on making such payment.
ESTATE CLOSED. “COSTS PAID"
| ~~~~~ |
| PETITION
FOR DISTRIBUTION OF ASSETS |
In Rel.
to Estate of TIMOTHY MURPHY, deceased –
In Dist. Court,
Dubuque County, Iowa,
May Term 1899 |
| |
On this 13th day of May AD. 1899 came in
for hearing petition for distribution, Petitioner MARY KANE states
that TIMOTHY MURPHY late of Dubuque County, Iowa, departed this life
intestate and without issue on or about the 14th of December A.D.
1891 leaving no wife or child him surviving. That letters of
Administration were issued from this Court to JOHN MURPHY, a nephew
of deceased and such proceedings were afterward had in this court
that the real estate of which the deceased died seized was sold for
the payment of the debts proven against the estate of said deceased.
That after the payment of said debts there remained a surplus
arising from the sale of said Real Estate amounting to the sum of
Twelve Hundred and twenty-one and 87/100 $1221.87) Dollars net,
which on or about the 30th day of March A.D. 187 was paid into the
hands of J. A. Hayes Clerk of this Court to abide that in his hands
less an amount (as hereafter stated) paid to ANN WALLACE.
….. That said
deceased left him surviving one sister ANN WALLACE of Jackson
County, who has received from said Clerk one fifth of the said money
so deposited with him as aforesaid, to wit ($240.37/100) to apply on
her distributive share of said Real Estate and said ANN WALLACE has
since sold and assigned all the rest of her interest in said estate
to your petitioner, MARY KANE. That said TIMOTHY MURPHY now deceased
had in his lifetime other brothers and sisters who died in the
lifetime of the said decedent, to wit:
….. A brother, DENNIS MURPHY who departed
this life in Dubuque County in the lifetime of said Timothy leaving
the following named children him surviving, to wit: Kate McDonald;
Mary Welch; Abbie Murphy; Julia Murphy; Johanna McCarthy; Cornelius
Murphy; John Murphy; Jerry Murphy and Timothy Murphy.
….. Also a sister, MRS. MARY CALLAHAN, who
died in the life time of said Timothy, leaving her children:
Dennis Callahan, Michael Callahan, Daniel
Callahan, Abby Callahan, Kate Welsh, Mrs. Mary O’Brien, her
surviving.
She said Kate Welsh has always resided in
Ireland and never became a citizen of the United States.
And said Abby Callahan has since departed
this life unmarried and without issue.
That said Michael Callahan, son of said
MARY CALLAHAN, deceased, has also departed this life leaving Mary
Kate Callahan, Abbie Callahan, Joseph Callahan, Nellie Callahan,
Maggie Callahan and Michael Callahan his children and heirs at law
him surviving.
That the husband
of said MARY CALLAHAN deceased, sister of said TIMOTHY MURPHY, never
became a citizen of the United States having died in Ireland. And
said MARY CALLAHAN never became a naturalized citizen of the United
States. And your petitioner is also informed and believes that the
interest of said Daniel Callahan in said estate of said TIMOTHY
MURPHY, if any, has been attached by garnishment at the suit of one
James Lyons.
| ~~~~~ |
Estate of
Timothy Murphy,
Page 8 of 13 |
| |
….. Also a brother, CORNELIUS MURPHY, who
remained in Ireland and never became a citizen of the United States,
and who departed this life in the life time of said TIMOTHY MURPHY,
leaving two daughters whose names and residences are unknown to your
petitioner, but who never became citizens of the United States.
… Also a sister,
MRS JULIA HALLAHAN, who remained in Ireland, and never became a
citizen of the United States and who departed this life in the life
time of her brother, TIMOTHY MURPHY, leaving her surviving three
sons, Jerry Hallahan, Daniel Hallahan, and John Hallahan all whom
became citizens of the United States; and the said Daniel Hallahan
departed this life intestate in Dubuque County, November, 1895
leaving several heirs at law; and Margaret Hallahan his widow, and
John Hallahan his son have been by the District Court of Dububque
County appointed Administrator of his estate and are now acting as
such. That John Hallahan, son of said Mrs. Julia Hallahan, departed
this life intestate in Lancaster County, Nebraska in 1896 leaving
Daniel Hallahan, Timothy Hallahan, Abbie Hallahan, Mary Hallahan and
John Hallahan, all of whom are minors, his only heirs at law him
surviving. The said JULIA HALLAHAN also left three daughters, two of
whom, Abby Hallahan & Kate Hallahan never left Ireland nor became
citizens of the United States and are dead, but whether they left
any children them surviving is unknown to your petitioner, and
another daughter, Mary, married Michael BARRETT, citizen of the
United States, and departed this life in the life time of said
TIMOTHY MURPHY leaving her children, Kate Flynn, Mary Grace, Michael
Barrett, Thomas Barrett, Daniel Barrett, Timothy Barrett, and Peter
Barrett her heirs at law her surviving.
Said daughter of said CORNELIUS MURPHY,
deceased, and the children and grandchildren of Mrs. JULIA HALLAHAN,
deceased and MRS. MARY CALLAHAN, deceased, are not entitled to share
in the estate of said TIMOTHY MURPHY, deceased, by reason of the
fact that CORNELIUS MURPHY and MRS. JULIA HALLAHAN and MRS. MARY
CALLAHAN never became naturalized citizens of the United States.
Your petitioner
further states that the Administration of said estate has been
closed. Your Petitioner therefore prays distribution of said Estate
may be decreed, that your petitioner be paid the one half of the
money in the hands of the Clerk less the amount received by MRS.
WALLACE, and that the court make such further orders in the premises
as may be right and proper and prescribe what notice if any shall be
given of the hearing of this petition. -- And the Court having
examined said Petition D. J. Lenehan was appointed Guardian ad litem
for Daniel Hallahan, Timothy Hallahan, Abbie Hallahan, Mary Hallahan
and John Hallahan, minors. James E. Knight, McCarthy & Kentine for
Daniel, Tim, Abbie, Mary and John Hallahan. James E. Knight, Howe &
P.C. Murray for the debts.
On this 2nd day of
May 1899 answer was filed in the Clerk’s Office as follows, to wit:
-- In Rel. to Estate of TIMOTHY MURPHY – In Dist. Court, Dubuque
Couty, Iowa:
ANSWER FOR PETITION OF DISTRIBUTION
For answer to the
Petition for Distribution of the funds of the above entitled estate,
filed by MARY KANE, the defendants John Murphy, Cornelius Murphy,
Jerry Murphy, Timothy Murphy, Kate McDonald, Mary Walsh, Abby
Murphy, Julien Murphy, Johanna McCarthy, Dennis Callahan, Daniel
Callahan, Mary O’Brien, Daniel Hallahan, Mary Hallahan, Mary
Hallahan, Daniel Hallahan, Timothy Hallahan, Abbie Hallahan, Mary
Hallahan, John Hallahan, and Mary Hallahan, heirs at law of said
TIMOTHY MURPHY, hereby deny each and every allegation set out in
said petition of distribution, excepting that they admit said estate
has been closed, that said sum of Twelve Hundred and Twenty One and
87/100 Dollars was paid in to the hands of James A. Hayes, Clerk of
the District Court, Dubuque County, Iowa, and that out of said sum
so paid said Hayes paid to ANNA WALLACE the sum of Two Hundred and
Forty-Four and 37/100 Dollars. – JOHN MURPHY, et al, by J.E. Knight
and John Howe, their Atty’s.
On this 1st day of
May 1899 Notice ot heirs was filed as follows: - In Rel. to Estate
of TIMOTHY MURPHY, deceased:
To John Murphy, Cornelius Murphy, Jerry
Murphy, Timothy Murphy, Kate McDonald, Mary Walsh, Abby Murphy,
Julien Murphy, Johanna McCarthy, Dennis Callahan, Daniel Callahan,
Mary O’Brien, Daniel Hallahan, Mary Hallahan, Daniel Hallahan,
Timothy Hallahan, Abbie Hallahan, Mary Hallahan, John Hallahan, and
Mary Hallahan. You are hereby notified that there is in the office
of the clerk of the District Court of Iowa in and for Dubuque County
the petition of MARY KANE, asking that distribution be made of the
estate of said TIMOTHY MURPHY, deceased, and that you the said
Dennis Callahan, Daniel Callahan, Mary O’Brien, Daniel Hallahan,
Mary Hallahan, Timothy Hallahan, Abbie Hallahan, Mary Hallahan, John
Hallahan and Mary Hallahan be excluded from any participation
therein. And that unless you appear and answer said petition on or
before noon of the second court, which begins at the Court House in
Dubuque in the said County, on May 1, 1899, default will be entered
and Judgment rendered against you in Dubuque, in the said County, on
May 1st, 1899, default will be entered and Judgment rendered against
you thereon. – William Graham, Attorney for Mark Kane, Petitioner.
| ~~~~~ |
Estate of
Timothy Murphy,
Page 9 of 13 |
| |
State of Iowa, Dubuque County, S.S. – I
hereby return that I personally served the within notice on the 20th
day of April A.D. 1899, on John Murphy, Cornelius Murphy, Mary
Welsh, Johanna McCarthy, Dennis Callahan, David Callahan, Mary
O’Brien, Daniel Hallahan
by reading the
same to them and giving each of them a true copy therefore. –
Prairie Creek Township, Dubuque County, Iowa – Michael Coffee –
Subscribed and sworn to before me this 28th day of April A.D. 1899 –
Jno. F. Stemm, Deputy Clk, Dist. Court.
State of Iowa,
Dubuque County, S.S. – I hereby return that I personally served the
within Original notice on the 20th day of April A.D. 1899 on Abby
Murphy by reading the same to her and giving her a true copy thereof
in Julien Township, Dubuque County, Iowa. – Myron J. Willard –
Subscribed and sworn to before me this 28th day of April A.D. 1899 –
Jno. F. Stemm, Deputy Clk, Dist. Court.
On this 4th day of May 1899 Notice to
Heirs was filed in the Clerk’s Office as follows: In Rel. to Estate
of TIMOTHY MURPHY, Deceased – In Dist. Court, Dubuque County, Iowa –
Notice to John Murphy, Cornelius Murphy, Jerry Murphy, Timothy
Murphy, Kate McDonald, Mary Walsh, Abby Murphy, Julien Murphy,
Johanna McCarthy, Dennis Callahan, Daniel Callahan, Mary O’Brien,
Daniel Hallahan, Mary Hallahan Daniel Hallahan, Timothy Hallahan,
Abbie Hallahan, Mary Hallahan, John Hallahan, and Mary Hallahan. You
are hereby notified that there is on file in the office of the Clerk
of the District Court of Iowa in, and for Dubuque County the
petition of MARY KANE asking that distribution be made of the Estate
of said TIMOTHY MURPHY, deceased, and that you, the said Dennis
Callahan, Daniel Callahan, Mary O’Brien, Daniel Hallahan, Mary
Hallahan, John Hallahan, and Mary Hallahan be excluded from any
participation therein, and that unless you appear and answer said
petition on or before noon of the second day of the May term of the
said District Court, which begins at the Court House in Dubuque, in
the said County, on May 1st 1899, default will be entered and
Judgment entered against you. – William Graham, Attorney for MARY
KANE, petitioner.
The State of
Nebraska, Lancaster County S.S. – Nicholas Tromben being first duly
sworn deposes and says that on the Nineteenth day of April 1899, I
served the written Notice on the within named Mrs. Mary Hallahan,
widow of John Hallahan, and on Daniel Hallahan, Timothy Hallahan,
Abbie Hallahan, Mary Hallahan, and John Hallahan, children of John
and Mary Hallahan and minors, by delivering in person and reading to
each one of them in turn in the presence of Mary Hallahan their
Mother with whom they reside a true copy of this writ with all
endorsements thereon, as required by law, all done in Lancaster
County, Nebraska – Nicholas Tromben. – This __ day of April 1899
Witness my hand and notarized seal. – Nicholas Ress, Notary Public.
In Rel to Estate
of TIMOTHY MURPHY, Deceased, In the Dist. Court, Dubuque County,
Iowa, May Term 1899 – On this 16th day of May 1899, agreed that
stipulation of facts are to be submitted and Court to determine in
vacation as of this term. Petitioner submit authorities within 5
days. Answers within 10 days thereafter argument on Petition for
distribution to be submitted by Saturday 22. Court to determine as
of this term.
On this 25th day of May 1899 was filed
Answer of Guardian ad litem as follows:
In Rel to Estate of TIMOTHY MURPHY,
deceased, Answer of Guardian Ad litem: Now comes D. J. Lineham duly
appointed guardian ad litem of Daniel, Mary, Timothy, Abbie Hallahan
and John Hallahan deceased, and admits that said minors are children
of John Hallahan deceased son of JULIA HALLAHAN, the deceased sister
of TIMOTHY MURPHY. And said guardian answers that said Julia
Hallahan died in Ireland long prior to the year 1888, and that her
three sons named in Plaintiff’s petition became citizens of the
United States and were entitled to inherit as the heirs at law of
TIMOTHY MURPHY, deceased. Said guardian further answers that minors
now reside, and have always resided within the United States. That
as to all the other allegations of said petition said guardian has
no knowledge or information and calls for proof thereof – D. J.
Lineham, Guardian ad litem.
| ~~~~~ |
In Rel to
Estate of Timothy Murphy, deceased
In Dist. Court,
Dubuque County, Iowa
Stipulation and Agreed Statement
of Fact: |
| |
It is hereby stipulated and agreed that
this cause be submitted to the Court in the following agreed
statement of facts. TIMOTHY MURPHY, late of Dubuque County,, Iowa,
died in said County, on the 14th day of Decemeber, 1891, intestate,
leaving no wife or issue him surviving. The deceased at the time of
his death was possessed of a small amount of personal property and
of real estate comprising a farm of three hundred & twenty acres
which was sold under the order of this Court in order to pay debts
of decedent and which decedent owned prior to the year 1888. After
the payment of such debts there remained a surplus which was a
balance of the purchase price of said property amounting to Twelve
Hundred and Twenty One Dollars and Eighty seven cents, which was
paid over to the Clerk of this Court out of which money the Clerk,
by order of the Court paid to MARY ANN WALLACE, a sister of decedent
the sum of Two Hundred and Forty-Four Dollars and Thirty-Seven cents
which she receipted for as her share of said money, and the
remainder of said money still remains in the hands of said Clerk.
| ~~~~~ |
Estate of
Timothy Murphy,
Page 10 of 13 |
| |
The brothers and sisters of said TIMOTHY
MURPHY were as follows:
| |
1st CORNELIUS MURPHY
2ND ANN MURPHY
3RD DENNIS MURPHY
4TH JOHN MURPHY (No issue does not say
where died.)
5th MARY CALLAHAN
6TH JULIA HALIHAN |
|
| |
|
|
All of whom except ANN WALLACE died in the
life time of TIMOTHY MURPHY.
ONE: CORNELIUS
MURPHY died in Ireland, having never become a naturalized citizen of
the United States. It is reported that he left two daughters whose
names and residences are unknown to the parties hereto.
TWO: ANN WALLACE
married JOHN WALLACE who was a naturalized citizen of the United
States, residing in Jackson County, Iowa. She survived her husband
and died in 1898, but before her death she made an assignment in
writing to one MARY KANE, who is petitioner herein, of all the
interest she claimed to have in the money in the hands of the Clerk
as aforesaid.
THIRD: DENNIS MURPHY removed to Dubuque
County, Iowa and became a naturalized citizen of the United States,
and died in the lifetime of TIMOTHY MURPHY leaving the following
children:
| |
1.
Cornelius Murphy Mary Grace
2. John Murphy
3. Jerry Murphy
4. Timothy Murphy
5. Mrs. Kate McDonald
6. Mrs. Mary Welsh
7. Mrs. Johanna McCarthy
8. Miss Abbe Murphy
9. Miss Julia Murphy |
|
| |
All of whom appear as claimants in this
action.
|
|
FOURTH: JOHN MURPHY died in the life time
of decedent, unmarried and without issue.
FIFTH: MARY
CALAHAN married in Ireland, where her husband died, and after his
death she removed to Dubuque County, Iowa with her children, who are
named as follows: Dennis Calahan, Dan Calahan, Mary O’Brien, Con
Calahan, Abbe Calahan. Of these children Con Calahan and Abbe, his
sister, died unmarried and without issue. Mary Calahan never became
a naturalized citizen of the United States, but her sons were
naturalized and her daughter, Mary married Maurice O’Brien, a
naturalized citizen of the United States.
SIXTH: JULIA
HALAHAN, a sister of decedent married in Ireland where both she and
her husband died, having never become naturalized citizens of the
United States. Her children were: Daniel Halahan, Mary Halahan, John
Halahan, all of whom removed to Dubuque County, Iowa and the sons
became naturalized citizens of the United States. Mary Halahan was a
resident of Dubuque County, Iowa, at the date of the death of
TIMOTHY MURPHY, and still resides in said county. John Halahan died
at Lincoln, Nebraska after the death of TIMOTHY MURPHY, leaving him
surviving, his widow Mary Halahan and the following named children:
Dan Halahan Tim Halahan, Abbe Halahan,
Mary Halahan, John Halahan. Daniel Halahan, son of Julia Halahan,
died in Dubuque County subsequent to the death of TIMOTHY MURPHY,
leaving him surviving his widow Margaret Halahan, and the following
named children: John Halahan, Dan Halahan, Jerry Halahan, Mike
Halahan, Dennis Halahan, Patrick Halahan Julia Halahan, Margaret
Halahan. All of whom appear as claimants in this action. This
proceeding is brought to obtain a distribution of the said money in
the hands of the Clerk, among the parties legally entitled thereto.
P. C. Murray, Attorney for Jerry Hallihan,
son of Daniel Hallihan, late of Dubuque Co., IA.
J. E. Knight & Jon Howe Attorneys for
Cornelius Murphy, John Murphy, Jerry Murphy, Tim Murphy, Mrs. Kate
McDonald, Mrs. Mary Welch, Mrs. Johanna McCarthy, Miss Abbie Murphy,
Mary O’Brien, Mary Grace.
William Graham, Atty. For MARY KANE,
Petitioner.
McCarthy & Kentine, Attorneys for Dan, Tim, Abbe, Mary and John
Hallahan, children and heirs at law of John Hallahan late of
Lincoln, Nebraska, nephew of TIMOTHY MURPHY deceased,
Henderson, Hurd, Linehan & Siesel, Attys.
For John Hallahan dec’d except Jerry Hallahan, also Dennis Callahan
and Daniel Callahan.
| ~~~~~ |
Estate of
Timothy Murphy,
Page 11 of 13 |
| |
On this 28th day of July 1899 was filed
Decision in the above entitled Estate as follows, to wit – In Rel.
to Estate of TIMOTHY MURPHY, deceased:
DECISION
I find that the
funds belonging to said Estate in hands of Clerk should be
distributed as follows:
1. Children of
CORNELIUS MURPHY do not inherit and share that would have gone to
him if living goes to those who can inherit.
2. Assignee of ANN
WALLACE takes balance of her share of assignment is of full share.
3. DENNIS MURPHY’s
share goes to his children.
4. JOHN MURPHY’s
share goes to other brothers and sisters entitled to inherit or
their children.
5. MARY CALAHAN
was a resident alien, and as such was entitled to inherit under Sec.
7, Act 22nd Gen. Assembly. Her children take her share.
6. JULIA HALLIHAN
was a non-resident alien. Her children must trace title through her
to their Uncle. She had no heritable blood, Therefore they cannot
inherit, and such share goes to those who can inherit.
Heirs of DENNIS MURPHY, MARY CALLAHAN, and
assignee of ANN WALLACE take one third each less costs. Clerk to
make distribution accordingly.
Exceptions
reserved to all other claimants. The above ruling is on the
assumption that parents of TIMOTHY MURPHY died prior to his decease
which matters is not covered by stipulation – Fred O’Donnell, Dist.
Judge.
| ~~~~~ |
On this
7th day of Aug 1899
was filed a Decree in the above
entitled estate as follows to wit:
In Rel to Estate of
TIMOTHY MURPHY, Deceased –
In Dist. Court, Dubuque
County, Iowa:
FINAL DECREE |
| |
Now on this – day of – AD 1899 comes Mary
Kane, Assignee of ANN WALACE, William Graham her Attorney, and
Dennis Callahan, Daniel Callahan and Mary O’Brien by Henderson, Hurd,
Linehan & Kiesel, their Attorney; Cornelius Murphy, John Murphy,
Jerry Murphy, Timothy Murphy, Kate McDonald, Mary Welsh, Johanna
McCarthy, Abbie Murphy & Julia Murphy by J. E. Knight & John Howe
their Attorneys; and Jerry Hallahan by P. C. Murray his Attorney;
and Daniel Hallahan, John Hallahan, Michael Hallahan, Denis Hallahan,
Patrick Hallihan, Julia Hallihan and Margaret Hallahan by Henderson,
Hurd, Lineham & Kiesel their Attorneys, and John Hallehan, Daniel
Hallehan, Timothy Hallehan, Mary Hallehan, Abbie Hallehan, Mary
Hallehan the children and heirs at law of John Hallehan late of
Lincoln, Nebraska by D. J. Linehan heretofore appointed by this
court their guardian ad litem, and McCarthy & Kenline their Attorney
and Mary Hallihan widow of said John Hallehan though personally
served comes not but makes default and this cause coming on to be
read on the petition of Mary Kane for distribution of the moneys
paid into the hands of the Clerk of this Court by the Administrator
of TIMOTHY MURPHY, Deceased. And the cause being submitted to the
Court upon the agreed statement of facts and the argument of
Counsel, the Court being fully advised find: That the said TIMOTHY
MURPHY died unmarried and without issue & that his Estate has been
fully administered & that the sum of $1221.87 of surplus arising out
of the sale of his real estate after payment of his debts, have been
paid into the hands of the Clerk which amount in his life time to
apply on his distribution share remains in the hands of said Clerk.
That the brothers and sisters of said TIMOTHY MURPHY, deceased are
CORNELIUS MURPHY, DENNIS MURPHY, ANN WALLACE, JOHN MURPHY, MARY
CALLAHAN & JULIA HALLAHAN, all of whom except ANN WALLACE died in
the life time of said Decedent. That the parents of said TIMOTHY
MURPHY died in the life time of said decedent. That CORNELIUS
MURPHY, a non-resident alien, never became a citizen of the United
States. That JOHN MURPHY became a citizen of the United States and
died in the life time of the Decedent, unmarried & without issue.
That ANN WALLACE became a citizen of the United States & married the
Decedent. [NOTE!!! This was a mistake by the person who wrote the
estate papers for filing in the courthouse. Ann was the sister of
Timothy Murphy.] That she received $244.37 to apply on her
distributive share & assigned the rest of her interest in her life
time to the petitioner MARY KANE. That DENNIS MURPHY became a
citizen of the United States & died in the life time of the decedent
leaving the said descendants Cornelius Murphy, John Murphy, Jerry
Murphy, Timothy Murphy, Kate McDonald, Mary Welsh,
| ~~~~~ |
Estate of
Timothy Murphy,
Page 12 of 13 |
| |
Johanna McCarthy, Abbie Murphy & Julia
Murphy his only children & heirs at law all of whom have arrived at
their majority. That said MARY CALLAHAN became a resident alien
citizen of the United States and died in the life time of the
Decedent, and that the said Daniel Callahan, Dennis Callahan & Mary
O’Brien are her only remaining heirs at law. That said JULIA
HALLAHAN never became a citizen of the United States but died a non
resident alien in the life time of the Decedent leaving her
surviving Daniel Hallehan, Mary Hallehan and John Hallehan her only
children and heirs at law. That since the death of the Decedent said
Daniel Hallehan died intestate leaving heirs remaining the
defendants Daniel Hallehan, Timothy Hallehan, Abbie Hallehan, Mary
Hallehan & John Hallehan his only children & heirs at law. And that
said John Hallehan has also died since the death of the Decedent
leaving heirs surviving his widow Mary Hallehan and his children
John Hallehan, Daniel Hallehan, Jerry Hallehan, Michael Hallehan,
Dennis Hallehan Patrick Hallehan, Julia Hallehan & Margaret Hallehan
his only heirs at law. That all of said facts have been served with
notice of this proceeding. And the Court further finds as conclusive
law: That the heirs at law of CORNELIUS MURPHY, brother of the
decedent, are not entitled to share in the distribution of the
estate of said TIMOTHY MURPHY deceased. That the share which would
have descended to Michael Murphy had he survived the dec’d must be
distributed with the rest of the estate by reason of his dying in
the life time of the decedent, without issue. That ANN WALLACE,
sister of the decedent took one third of his estate & that her
interest passed by her assignment to Mary Kane and said Mary Kane is
entitled to one third of said estate less the amount paid to said
Ann Wallace in her life time. That the heirs at law of MARY CALLAHAN
are entitled to the share she would have taken ha she married. The
decedent to one third of said estate to be divided in equal share
among them. That the heirs of DENNIS MURPHY are entitled to one
third of said estate to be divided in equal share among them. That
the heirs of JULIA HALLAHAN ARE ENTITLED to share in the
distribution of the estate of said TIMOTHY MURPHY, deceased.
It is therefore
ordered & decreed that the Clerk of this Court pay out of the money
deposited with hin by the Administrator of the Estate of said
TIMOTHY MURPHY this proceeding taxed at $47.60 and that the
remainder be divided into three parts to wit: $391.42 each. That we
pay to Mary Kane, Assignee of ANN WALLACE or her attorney one of
such parts less the amount of $244.37 paid by him to Ann Wallace in
her life time to wit $147.50. That he divide another third part to
wit: $391.43 into nine shares & pay one of such shares to each heir
of Dennis Murphy deceased or their attorney as follows:
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Cornelius
Murphy the sum of $43.49
John Murphy the sum of $43.49
Jerry Murphy the sun of $43.49
Timothy Murphy the sum of $43.49
Kate McDonald the sum of $43.49
Mary Welsh the sum of $43.49
Johanna McCarthy the sum of $43.49
Abbie Murphy the sum of $43.50
Julia Murphy the sum of $43.50 |
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That be divided the remaining one third
into three shares & pay one of such share to each of the heirs of
MARY CALLAHAN or their attorneys. To Dennis Callahan the sum of
$130.47. To Daniel Callahan the sum of $130.47. To Mary O’Brien the
sum of $130.48. And as the share of Daniel Callahan has been
attached in the hands of said Clerk at the trial of James Lyons it
is ordered that the said Clerk retain the said share of Daniel
Callahan to abide the further order of this Court in the premises.
It is further ordered that the clerk tax as part of the costs the
sum of $1.00 for D. H. Linehan, guardian ad litem for the infant
defendants & an attorney fee of $20.00 for William Graham. To all of
which the heirs of JULIA HALLEHAN duly excepted and the said Mary
Kane & the heirs of DENNIS MURPHY, dec’d, except to so much as
allows the heirs of Mary Callahan to share in the distribution of
said estate. It is further ordered that the Clerk on filing the
receipts of said parties or their Attorneys be discharged from all
further duties or liability in the estate. – Fred O’Donnell,
District Judge.
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In rel.
to Estate of TIMOTHY MURPHY –
In Dist Court Dubuque
County Iowa,
Oct Term 1891.
PETITION
FOR ORDER |
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On this 5th day of December 1899 came on
for hearing petition of JOHN MURPHY which is as follows: Your
petitioner states that the decree rendered in this Estate and filed
August 7th 1899, it was ordered that the sum of $391.43 payable to
the heirs of DENNIS MURPHY deceased be paid as follows to wit: the
sum each to Cornelius Murphy, John Murphy, Jim Murphy, Timothy
Murphy, Kate McDonald, Mary Welsh, Johanna McCarthy, Abbie Murphy,
Julia Murphy, they being the sole heirs of the said DENNIS MURPHY.
That an error was made in the said distribution in this the said
TIMOTHY MURPHY has been dec’d for some years he died
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Estate of
Timothy Murphy,
Page 13 of 13 |
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unmarried and without issue and the other
above named parties are his sole heirs being his brothers and
sisters. Wherefore petitioners pray that the said sum of $43.49 the
share of said TIMOTHY MURPHY be distributed equally among the other
eight heirs. And the Court having examined said petition it is
ordered that the same be granted. Share of TIMOTHY MURPHY now in
hands of the Clerk of the Courts is ordered to be paid to the eight
living heirs of TIMOTHY MURPHY, dec’d.
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In Rel to
the Estate of TIMOTHY MURPHY, dec’d –
In District Court,
Dubuque County, Iowa,
December 21st AD 1891.
ORDER ON
PETITION FOR APPOINTMENT OF ADMINISTRATOR |
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Now on the 21st day of December AD 1891
this cause came up for hearing on petition of JOHN MURPHY filed this
day asking that he be appointed administrator of said estate. And it
appears thereof as follows: That TIMOTHY MURPHY late of said county
died therein on or about the 14th day OF December 1891 leaving no
will so far as known or believed by this Petitioner. That said
deceased left surviving him the following heirs at law, viz: DENNIS
MURPHY, residing in Prairie Creek Twp., Dubuque County, NANCY
WALLACE residing in the Otter Creek Twp., Jackson County, Iowa. That
said deceased died seized of the following described real estate,
biz: Three hundred and twenty acres of land situated in Otter Creek
Township, Jackson Co., Iowa and also personal property of about the
value of Three Hundred Dollars. That the value of said estate
(diminished by debts) does not exceed the sun of Six thousand
Dollars. Your Petitioner being nephew of said deceased therefore
prays that letters of administration may be granted unto him on the
estate of said deceased.
And the Clerk
having duly examined said petition it is ordered that JOHN MURPHY be
and he is appointed Administrator of the Estate of TIMOTHY MURPHY
deceased upon filing bond in the sum of $600.00 and he is ordered to
publish notice of his appointment in the Dubuque Weekly Herald for 3
weeks.
Now on this 21st day of December AD 1891
JOHN MURPHY files with the Clerk of this Court his bond in $600.00
as Administrator with James Farrell as surety and the same being
examined by the Clerk is approved and Letters of Administration to
him issued therefor.
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In Rel to
the Estate of TIMOTHY MURPHY, dec’d –
In District Court
Dubuque County, Iowa,
March Term AD 1892
ORDER ON
PETITION TO SELL REAL ESTATE |
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And now on this 18th day of March AD 1892
this cause came up for hearing on petition of Administrator to sell
Real Estate. And it is ordered by the Court that the Administrator
be and he is authorized to sell sufficient of the Real Estate
described to pay the debts scheduled and costs at not less than the
appraised value and James Drinn, M. Flannerey and Michael GRACE are
appointed Appraisers to make appraisement and the Administrator is
ordered to file bond in double the amount of appraisement.
To Jeremiah Murphy, Timothy Murphy,
Jeremiah Hallihan, Catharine Flynn, Daniel Hallihan, Timothy
Hallihan, Abbie Hallihan, Mary Hallihan, John Hallihan: You are
hereby notified that there is now on file in the office of the Clerk
of the District Court of Dubuque County, Iowa the application of
JOHN MURPHY, Administrator of the Estate of TIMOTHY MURPHY, deceased
for leave to sell the real property belonging to said estate for the
purpose of paying the debts of said estate and unless you appear
thereto and object if any objections you have before noon of the
second day of the next September Term of said District Court at
Dubuque which said Term will commence on the 12th day of September
AD 1892 when said application will be called up for hearing or as
soon thereafter as counsel can be heard said application will be
granted as prayed. – J.E. Knight Attorney for Estate – I, P.J.
Quigley one of the Publishers of the Dubuque Telegraph published in
the City of Dubuque and State of Iowa do solemnly swear that the
advertisement a copy of which is hereunto annexed was published in
said paper 4 weeks the first insertion being on Dec. 22, 1891.
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Dubuque
County IAGenWeb