Court case, Flagstaff, Coconino Co.  
Estate of Frank L. Spear, 1922.

Contributed for use in USGenWeb Archives by Jeff Spear.
jeffspear@earthlink.net  
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In the Superior Court OF THE State of Arizona, in and for the County of
Coconino.  In the Matter of the Estate of Frank L. Spear, Deceased.
PETITION FOR LETTERS OF ADMINISTRATION.

To the Honorable the Superior Court of the County of Coconino, in the 
State of Arizona:
     The petition of Charles J. Spear of said County respectfully 
shows:
     
That Frank L. Spear died on or about the 1st, day of December, 1922,
in the County of Coconino, State of Arizona.
     
That said deceased at the time of his death, was a resident of the
County of Coconino, State of Arizona.
     
That said deceased left estate in the said County of Coconino, State
of Arizona, consisting of both real and personal property.
     
That the value and character of said property, so far as known to your
applicant, are as follows, to-wit:
          
Real estate valued  $2000.00.
          
Personal property valued at $1000.00.
     
That the estate and effects for, or in respect of which Letters of
Administration are hereby applied for do not exceed the value of 
$3000.00.
     
That the next of kin of said deceased, and whom your petitioner Chas.
J. Spear is advised and believes and therefore alleges to be the 
heirs at law of said deceased Rebecca Spear, aged 51 years, residing 
at Flagstaff,Arizona, and Chas. J. Spear, Aged 46, Residing at 
Flagstaff, Arizona, Mrs.Harriett E. Hopkins, Aged 44 years, residing 
at Santa Barbara, California,and Mrs. Emma Howard, Aged 61 years, 
residing at Jackson, Michigan, and Rebecca Spear, Aged 51 years, 
residing at Flagstaff, Arizona.
     
That due search and inquiry have been made to ascertain if said
deceased left any Will and Testament, but none have been found, and
according to the best knowledge, information and belief of your 
petitioner said deceased died intestate.
     
That your petitioner Charles J. Spear, brother of said deceased, and
therefore as your petitioner is advised and believed he is entitled to
Letters of Administration of said Estate:
    
WHEREFORE, Your petitioner prays that a day of Court may be appointed
for hearing this application; that due notice thereof be given by the
Clerk of said Court by posting notices according to law; and that 
upon said hearing, and the proofs to be addressed, Letters of 
Administration of said estate may be issued to your petitioner.
     And your petitioner will ever pray, etc.
     Dated Dec. 9, A. D. 1922.  Chas. J. Spear [signature]

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In the Superior Court OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF
COCONINO.  In the Matter of the Estate of Frank L. Spear, Deceased.  
Notice of Hearing Petition for Letters of Administration.
     
Notice is hereby given that Chas. J. Spear has filed in this Court his
petition praying that LETTERS OF ADMINISTRATION on the estate of said
decedent be granted to him and that the same will be heard on 
Wednesday, the 20th day of December, A. D. 1922, at 10:00 o'clock 
in the forenoon of said day, at the Court-room of said Court, in 
Flagstaff, County of Coconino, State of Arizona, and all persons 
interested in said estate are notified then and there to appear 
and show cause, if any they have, why the prayer of said petitioner 
should not be granted.

Dated  December 9, A. D. 1922.  Tom L. Rees, Clerk.  By Florence Ayer,
Deputy Clerk.

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IN THE SUPERIOR COURT Of the State of Arizona, in and for the 
County ofCoconino.  No. 440.

In the matter of the Estate of Frank L. Spear, Deceased.  PETITION FOR
ORDER OF SALE OF PERSONAL PROPERTY.

     
To the Hon. J. E. Jones, Judge of the Superior Court of the State of
Arizona, in and for the County of Coconino.
     
THE PETITION of Charles J. Spear, Administrator of the estate of
Frank L. Spear, deceased, respectfully shows:
     
That on the 20th day of December, 1922, Letters of Administration of
the Estate of said deceased were issued to your petitioner, and 
that said letters have not been revoked:
     
That the deceased left certain personal property, consisting of
household goods, hunter traps, farm implements, hay, cattle, horses,
harness, and wagons and that said personal property is liable to 
depreciate in value and go to waste.  That it is necessary to sell 
all of said personal property to pay the debts now existing against 
said Estate, and that the sale of said personal property should be 
made at private sale, as it will be for the best interest of the 
Estate and of all persons interested in said property to be sold at 
private sale.
     
WHEREFORE your petitioner prays this Honorable Court to make an order
authorizing your petitioner to sell all of the above described 
personal property at private sale, and that such other and further 
order may be made as is proper in the premises.

Dated  January 3rd, 1923.  [signature]  Chas. J. Spear.

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FLAGSTAFF UNDERTAKING PARLORS.  EDGAR WHIPPLE, F. D., MANAGER.
UNDERTAKING AND EMBALMING.

M Estate of Frank Spear.  3/6/23.

12/3/22		Shaving			 5.00
		Casket			80.00
		Box			10.00
		Cavity Embalming	20.00
		Hearse			15.00
		Grave			12.00
		Gloves			 1.50
		Attendance & Drayage	10.00
		_____________________________
				      $158.50

[A stamp mark reads] RECEIVED PAYMENT MAR 10 1923.

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DR G. F. MANNING JR.  PHYSICIAN AND SURGEON.  OFFICE IN MASONIC BLDG.
FLAGSTAFF, ARIZ.
Chas. Spear.  City.
This Amount is Due and Payable when Rendered.  Statement of you 
Account forSept. to Nov., 1922.

DESCRIPTION.  Treatment of Frank from September 16 to November 30, 
1922.$25.00.

Mar. 10, 1923.  Received payment in full.  G. F. Manning Jr.

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In the Superior Court Of Coconino County, State of Arizona.  In the 
Matter of the Estate of Frank Spear Deceased.  CREDITOR'S CLAIM.
     
The undersigned, Creditor of Frank Spear deceased, presents claim
against the estate, of said deceased, with the necessary vouchers for
approval, as follows, to-wit:
     
Estate of Frank Spear Deceased.  To Mrs. Lillian Friedlein.  1923.
     
$1,000.00.  Flagstaff, Ariz.  Jan. 2, 1922.  One year after date,
without grace for value received, I, or either or us, as principals,
promise to pay to the order of Mrs. Lillian Friedlein at the Arizona
Central Bank, Flagstaff, Arizona, One Thousand and no/100 Dollars in 
gold coin, with interest thereon from date until paid at the rate of 
ten per cent per annum payable at maturity.  Said interest if not so 
paid to be added and become a part of the principal and bear the same 
rate of interest.
     
If this note is not paid when due, or is collected by an attorney or
legal proceedings, we promise to pay an additional sum of ten per 
cent of the amount of this note as attorney's fees.  We waive protest 
and notice of non-payment and all exemption laws and rights thereunder.
     (signed) Frank Spear.

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In the Superior Court Of the State of Arizona, in and for the County of
Coconino.  In the Matter of the Estate of Frank L. Spear, Deceased.  

DECREE OF DISTRIBUTION OF ESTATE.
     
Charles J. Spear, administrator of the estate of Frank L. Spear,
deceased, having on the 12th day of July, 1924 filed in this Court 
his petition, setting forth among other matters that all his accounts 
having been fully settled, and that said estate is in a condition 
to be closed, and that a portion of said estate remains to be divided 
among the heirs of said deceased; said matters coming on regularly 
to be heard this 23rd day of July, 1924, the Court proceeded to the 
hearing of said petition; and it appearing to the satisfaction of the Court that the residue of said estate,
consisting of the property hereinafter particularly described, is now ready
for distribution, and that said estate in now in a condition to be closed;
and it duly appearing to said Court, that since the rendition of his said
final account the sum of No dollars has come into the hands of said
Administrator and the sum of No dollars has been expended by said
Administrator as necessary expenses of administration; and that the
estimated expenses of closing said estate will amount to the sum of No
dollars;
     That the said Frank L. Spear died intestate, leaving surviving him
Charles J. Spear, brother, Rebecca Spear, Mrs. Harriett E. Hopkins, Mrs.
Emma Howard, sisters, and who are entitled to the whole of the residue of
said estate of Frank L. Spear deceased. and all and singular the law and
the premises being by the Court seen, heard, understood and fully
considered; whereupon,
     IT IS HERE ADJUDGED AND DECREED, that all the acts and proceeding of
said Charles J. Spear, administrator as aforesaid as appearing upon the
records hereof, be and the same are hereby approved and confirmed, and the
residue of said estate of Frank L. Spear deceased, hereinafter particularly
described and now remaining in the hands of said Charles J. Spear,
administrator as aforesaid and any other property not now known or
discovered, with may belong to the said estate, or in which the said estate
may have any interest, be and the same is hereby distributed as follows, to
wit:
     An undivided one fourth interest in and to the following described
real estate, to-wit:  East fifty feet (50) of Lot 1 in Block twenty-eight
(28) in Brannen addition to the Town of Flagstaff, Coconino County, State
of Arizona as shown by the plat thereof, as recorded in the County
Recorder's office of said County and State aforesaid, to each of the
following heirs, Rebecca Spear, Mrs. Harriett E. Hopkins, Mrs. Emma Howard
and Charles J. Spear.  Also an undivided one-fourth interest in and to
Lot Numbered Two (2), in Block Numbered Twenty-eight (28) in Brannen
addition to the Town of Flagstaff, Coconino County, State of Arizona, as
shown by the records of the County Recorder of Coconino County, State of
Arizona, to each of the following heirs:  Rebecca Spear, Mrs. Harriett E.
Hopkins, Mrs. Emma Howard and Charles J. Spear.
     The following is a particular description of the said residue of the
said estate referred to in this decree, and of which distribution is
ordered, adjudged, and decreed, as aforsaid, to-wit:
     An undivided one-fourth interest in and to the following described
real estate, to-wit:  East fifty feet (50) of Lot 1 in Block twenty-eight
(28) in Brannen addition to the Town of Flagstaff, Coconino County, State
of Arizona as shown by the plat thereof, as recorded in the County
Recorder's office of said County and State aforesaid, to each of the
following heirs, Rebecca Spear, Mrs. Harriett E. Hopkins, Mrs. Emma Howard
and Charles J. Spear.  Also an undivided one-fourth interest in and to Lot
Numbered Two (2), in Brannen Addition to the Town of Flagstaff, Coconino
County, State of Arizona, as show by the records of the County Recorder of
Coconino County, State of Arizona to each of the following heirs: Rebecca
Spear, Mrs. Harriett E. Hopkins, Mrs. Emma Howard and Charles J. Spear.
     AND IT IS FURTHER ORDERED AND DECREED, that the said Charles J. Spear,
administrator as aforesaid upon payment and delivery of the said residue
as hereinbefore ordered, and upon filing due and proper vouchers and
receipts therefor in this Court, be fully and finally discharged from his
trust as such administrator and that his sureties shall thereupon and
thenceforth be discharged from all liabilities for their future acts.
     Done in open Court this 23rd day of July, 1924.
     [signature] J. E. Jones.

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In The Superior Court Of Coconino County, State of Arizona.  IN THE MATTER
OF THE ESTATE OF Frank L. Spear, Deceased.  FINAL ACCOUNT AND REPORT.
   To the Hon. J. E. Jones, Judge of the Superior Court of Coconino County,
State of Arizona:
     The undersigned Administrator of the estate of Frank L. Spear,
deceased, respectfully renders the following account, and reports as
follows:
     1.  That letters of administration of said estate were issued to him on
the 20th day of December, A. D. 1922; that he immediately qualified and
entered upon the duties of his trust.
     2.  That he gave due and legal notice to creditors, and the same has
been duly established of record by the order of this Court.
     3.	That within the time limited in said notice for the presentation
of claims against said estate nine claims were duly presented, allowed,
approved, and filed herein as required by law; which claims are as follows:

	Flagstaff Undertaking Parlors funeral expenses	      $158.50	
	G. F. Manning, Jr. Medical attendance                   25.00
	Mrs. Lillian Friedlein, note and interest            1,200.00
	M. C. Bennett, labor for deceased                       62.50
	L. L. Bennett,   "    "     "                           18.00
	T. E. Smith,     "    "     "                          107.50
	Coconino Sun, publishing notice to creditors            10.00
	Tom L. Rees, for letters of administration, clerks fee	10.00
	Tom L. Rees, for administrator's bond                   10.00
	_____________________________________________________________
                                                            $1,601.50

	4.  That the balance of money now in the hands of said Administrator
as shown by said account, is the sum of $----- and the claims allowed
aggregate the sum of $1,601.50 that the costs and expenses of administering
said estate, including attorney's fees and commissions, amount to the sum
of $----- that the family allowance due and which will become due before the
settlement of said estate, amounts to the sum of $-----, and is a preferred
claim; that the expenses of the last illness of decedent and his funeral
expenses have been paid, as required by law.

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Transcribed by Jeff Spear.
End of file.