Payette County ID Archives Wills.....Cole, "et Al" 1902 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/id/idfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Patty Theurer seymour784@yahoo.com August 26, 2005, 6:04 pm Source: Payette County Courthouse, Payette, Idaho Written: 1902 Recorded: March 14, 1902 Probate Record Payette County Book A page 37-38 Henry Cole Deceased By Probate Decree of Distribution In the Probate Court Canyon County Idaho In the mater of the estate of Henry Cole Deceased-Decree of Distribution of Estate. Martha A. Clark and Eva A. Emison two of the devisees of the last will and testament of Henry Cole deceased having on the 30th day of January 1902, filed in this Court their petition praying for the appointment of John S. Thurston of Payette Canyon County Idaho as trustee of the residue of the said estate for the devisees of said estate to wit: Martha Clark Eva Emison and William Tharp and that this Court distributed to the said John S. Thurston by an amended and corrected decree the residue of said estate to be deeded by him to said devisees who are now entitled to possessions of their respective interests as provided by said will. And it appearing that due and legal notice for the hearing of said petition has been given and that on the 12 day of May 1891 the said Henry Cole died leaving no known relatives surviving him but willed, bequeathed and devised all of his property both personal and real to Martha Tharp, Eva Tharp and William Tharp, minor children of John P. Tharp and in the said will named said John P Tharp executor of the said estate. That in the 6” day of July 1891 the said John P Tharp was duly appointed by the Probate Court of Ada County, Idaho executor of the estate of the said Henry Cole deceased, having qualified and the estate being in condition to be closed, filed in said Probate Court a petition for decree of distribution and final settlement of said estate. That in the 28 day of December 1892 at 10 o’clock A M the time set for the hearing of same petition and it appearing to the satisfaction of said Court that the residue of said estate was then in condition to be closed and that the residue of said estate was the property of said deceased; It was ordered adjudged and decreed that the residue of the said estate of the said Henry Cole deceased be distributed and that the said John P Tharp is entitled to the possession of the residue of said estate to hold the same in trust for the said Martha Tharp Eva Tharp and William Tharp the said devisees as provided by said will of said Henry Cole deceased. *ready for distribution and that said estate was then That said will provided that the residue of the estate of said Henry Cole deceased should beheld in trust for said minor children of said John P Tharp until they should reach the age of twenty one years That the decree of distribution in the matter of the estate of Henry Cole deceased orders that a deed be executed by the trustee of said estate of said Martha Tharp Eva Tharp and William Tharp devisees, to each of said devisees upon their attaining the age of twenty one years and undivided one third of the whole of the residue of said estate. That on the twentieth day of September 1893 and before either or any of said minors had reached the age of twenty one years said John P Tharp departed this life without having provided for his successors in trust or completed his full duties as such trustee. That in said decree of distribution the residue of the real estate was described as the North half of the North West quarter and the south half of the North West quarter of section 17 in tp 8 N of R 4 W B M in Canyon county Idaho. That the residue of the real estate in the matter of the estate of Henry Cole deceased was at the time of making said decree and is now the North half of the South West quarter and the south half of the North West quarter of section 17 in tp 8 N R 4 W B M in place of property as described in said decree. That the petitioners Martha Clark and Eva Emison together with William Tharp their brother are children of John P Tharp deceased, and devisees of said estate of Henry Cole deceased. Wherefore it is Ordered Adjudged and decreed that the residue of said estate of Henry Cole deceased hereinafter particularly described and now remaining undistributed and any other property not now known or discovered which my (may) belong to the said estate or in which the said estate may have interest be and the same is hereby distributed as follows, to wit: The whole of the residue of said estate to be distributed according to the terms of the last will and testament of said deceased to John S Thurston to be deeded to Eva Emison Martha Clark and William Tharp the sole devisees of the said last will and testament all of the said devisees being now of the age of twenty one years that is to say to Martha Clark an undivided one third of the whole of the said estate and to Eva Emison an undivided one third of the whole of said estate and to William Tharp an undivided one third of the whole of said estate and the said trustee John S Thurston shall without delay execute to each of said devisees, a deed to an undivided one third of the whole of said estate, referred to in this decree and of which distribution is ordered adjudged and decreed as aforesaid, to wit: All of the N2 of the S W4 and the S2 of the N W 4 Sec 17 Tp 8 N R 4 W B M in Canyon County Idaho Containing 160 acres. Done in open court in this 3d day of Feby 1902. George Little Probate Judge *and the following is a true description of said residue State of Idaho) County of Canyon) I hereby certify that the foregoing instrument was filed for record at request of H E Wallace at 10.56 o’clock A M March 14, 1902. Edgar Meek Ex-Officio Recorder 2.20 By J J Jhnson Deputy R P B 1 P 195 C C Rec Additional Comments: Clark Emison Tharp Thurston File at: http://files.usgwarchives.net/id/payette/wills/cole10gwl.txt This file has been created by a form at http://www.genrecords.org/idfiles/ File size: 6.3 Kb