Kingman County KS Archives Court.....Dorner, George January 15, 1909 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ks/ksfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Jennifer Dorner dorner@comcast.net May 29, 2009, 8:31 pm Source: Clerk Of District Court, Kingman County Written: January 15, 1909 Probate Records of George Dorner [Handwritten document in file] Aurora, Colo. Jan 7th 1909 While I Geo. Dorner being of sound mind have made my last will and testament, and wishing to appoint Mrs. Mary R. Leeke as my executrix to said property as stated in my will. In witness thereof, I have here unto set my hand and seal the 7th day of January in the year of our Lord one thousand nine hundred and nine. Geo. Dorner [signed] Witness - [illegible] Allen Witness - W.H. Allen Witness - Thomas Leeke ----------------------------- In the Probate Court within and for the County of Kingman and State of Kansas. In the matter of the estate of George Dorner, Deceased. PETITION FOR PROBATE OF WILL Comes now Andrew Dorner, and respectfully represents to said Probate Court that George Dorner, late of the County of Kingman, State of Kansas, departed this life on the 12th day of Jan, AD 1909, leaving a Last Will and Testament, which said Last Will and Testament is hereto attached, marked "Exhibit A," and made a part hereof. The said Last Will and Testament has been executed in all respects according to law. And your petitioner further says that the said George Dorner left surviving him as his heirs at law, Andrew Dorner, son Catherine Peoples Mary Leeke Rosa Heist Francis Dorner, widow of Nicklas Dorner and William, Mary, George & John Dorner minor heirs of Nicklas Dorner, deceased. And your petitioner further states that at the time of the execution of said Last Will and Testament, said George Dorner was of sound mind and memory, and not under any restraint. That in said Last Will and Testament the said John Cragun of Kingman County, Kingman, was appointed as Executor of the same. In consideration whereof, and to the end that said Will may be proved, established, performed, and admitted to Probate, your petitioner prays that the court set a time for the hearing of said petition, and that upon such hearing, said Last Will and Testament may be duly admitted to probate, and letters testamentary be issued to John Cragun as Executor of said Last Will and Testament of George Dorner, deceased. State of Kansas, Kingman County, ss. Andrew Dorner, of lawful age, being duly sworn upon oath, says that he signed the foregoing petition; that he knows the contents thereof, and that all the statements therein contained are true. Andrew Dorner [signed] Subscribed and sworn to before me, this 15 day of Jan, AD 1909. J.Q. Jenkins, Probate Judge -------------------------- "Exhibit A" Know All Men by These Presents, That I, George Dorner, of the County of Kingman and the State of Kansas, being of sound mind and memory and mindful of the uncertainty of this transitory life, do hereby make, ordain, publish, and declare this to be my last will and testament, that is to say: First - I do hereby revoke all other and former wills that I may have heretofore made. Second - I do hereby direct that all my funeral expenses and all my just and lawful debts be first paid out of my estate. Third - I do hereby give and bequeath to my beloved wife, Rosy Dorner, all my property both real and personal, to hold and control during her natural life. Fourth - After the death of my said wife, if she survives me, I hereby give and bequeath to Frances Dorner, widow of my deceased son, Nicholas Dorner, the sum of Five Hundred Dollars. Fifth - After the death of my said wife, if she survives me, I hereby give and bequeath to my daughter, Rosy Heist, the sum of Three Hundred Dollars. Sixth - It is my wish and I hereby direct that the bequests made in the fourth and fifth items of this instrument to be paid out of the first money received by my personal representatives. Seventh - After the death of my wife, if she survives me, and after the payment of my funeral expenses and my just and lawful debts, and after the payment of the bequests mentioned in the fourth and fifth items of this instrument, I hereby direct that my personal representative shall divide the balance of my estate equally among my children, to wit: Henry Dorner, Andrew Dorner, Catherine Peoples, Mary Leeke, Rosy Heist, and the heirs of my deceased son, Nicholas Dorner. It is my desire and intention, and I hereby direct that the share that my deceased son, Nicholas, would have received if living, shall go one-half to his widow, Frances Dorner, and one half to my grandchildren, William, George, Mary and John Dorner, in equal shares. Eighth - I do hereby constitute and appoint John A. Cragun, of the City of Kingman, County of Kingman, and State of Kansas as the executor of this my last will and testament. Dated this 11th day of April, AD 1904 George Dorner [signed], Testator The above testator, George Dorner, signed, sealed, published, and declared the foregoing as and for his last will and testament in our presence, and we the undersigned, at his request, in his presence and in the presence of each other, subscribe our names as attesting witnesses thereto, this 11th day of April AD 1904. John A. Cragun [signed] Geo. L. Hay [signed] I, Rosy Dorner, wife of the aboved named testator, George Dorner, do hereby consent to the foregoing will and the making thereof, and I hereby agree to take under the provisions of said will and waive my right to take under the statues of the state of Kansas. Dated this 11th day of April, AD 1904. Rosina Dorner [signed] Witnesses to signature : Andrew Dorner [signed] Rosey Heist [signed] ----------------------- AFFIDAVIT OF DEATH State of Kansas) Kingman County ) In the Probate Court of Said County. In the matter of the Estate of George Dorner. Affidavit of Death. State of Kansas, Kingman County, ss. 1 do Solemnly Swear that George Dorner on the 12th day of Jan AD 1909 died, and that said deceased was at the time of his death, an inhabitant and resident of Kingman County, in the State of Kansas, and the value of the personal property of said deceased, subject to administration, will not exceed Two Thousand five hundred dollars. So help me God. Andrew Dorner [signed] Subscribed and Sworn to before me this 15th day of Jan, AD 1909. J.Q. Jenkins, Probate Judge -------------------------- PROOF OF WILL of George Dorner Deceased. State of Kansas, Kingman County, ss. In the Probate Court of Said County In the matter of the proving of the last Will and Testament of George Dorner, Deceased. And now on this 15th day of January, AD 1909 comes John A. Cragun, who being first duly sworn, upon his oath saith: My name is John A. Cragun, my residence is Kingman, Kans. my age is 50 years; I was acquainted with George Dorner a resident of Kingman County, Kansas, about 10 years in his lifetime; I was present at Kingman on the 11th day of April AD 1904 and saw the said George Dorner sign the foregoing instrument of writing purporting to be the LAST WILL AND TESTAMENT of the said George Dorner and heard him publish and declare the same to be his Last Will and Testament, and at his request and in his presence and in the presence of George L. Hay I signed said instrument as a subscribing witness thereto. And the said George L. Hay at the request of said George Dorner and his presence and in my presence signed said instrument as a subscribing witness thereto. At the time of signing said instrument, George Dorner was about 80 years of age; he was of sound mind and memory, and was not under any restraint or undue influence whatever. Said George Dorner is now dead, he departed this life on the 12 day of Jan AD 1909. John A. Cragun [signed] Subscribed and sworn to before me this 15th day of Jan AD 1909. J.Q. Jenkins, Probate Judge Also comes George L. Hay of lawful age, who, being first duly sworn, upon his oath saith: My name is George L. Hay, my residence is Kingman, Kans. my age is 45 years; I was acquainted with George Dorner a resident of Kingman County, Kansas, about 10 years in his lifetime; I was present at Kingman on the 11th day of April AD 1904 and saw the said George Dorner sign the foregoing instrument of writing purporting to be the LAST WILL AND TESTAMENT of the said George Dorner and heard him publish and declare the same to be his Last Will and Testament, and at his request and in his presence and in the presence of John A. Cragun I signed said instrument as a subscribing witness thereto. And the said John A. Cragun at the request of said George Dorner and his presence and in my presence signed said instrument as a subscribing witness thereto. At the time of signing said instrument, George Dorner was about 80 years of age; he was of sound mind and memory, and was not under any restraint or undue influence whatever. Said George Dorner is now dead, he departed this life on the 12 day of Jan AD 1909. George L. Hay [signed] Subscribed and sworn to before me this 15th day of Jan AD 1909. J.Q. Jenkins, Probate Judge ------------------- LETTERS OF ADMINISTRATION The State of Kansas, County of Kingman, ss. In Probate Court To all to whom these Presents shall Come, Greeting: Know Ye, That whereas George Dorner, late of the said County of Kingman, died intestate, as it is said, having at the time of his death, property in this State which may be lost, destroyed or diminished in value, if speedy care be not taken of the same: To the end, therefore, that said property may be collected, preserved and disposed of according to law, we do hereby constitute and appoint John A. Cragun of said county, Administrator of all and singular the goods and chattels, rights and credits, which were of the said George Dorner at the time of his death, will full power and authority to secure and dispose of said property according to law, and collected all moneys due said deceased, and in general to do and perform all other acts and things which are, or hereafter may be, required of him by law, or the decree or order of any court having jurisdiction. In testimony whereof, I, J Q Jenkins, Judge of the Probate Court in and for said county, do hereto set my hand and affix the seal of said court, this 15 day of Jan, AD 1909. J.Q. Jenkins, Probate Judge -------------------------- BOND OF ADMINISTRATOR Know all Men by these Presents: That we John A. Cragun as principal, and E.E. Cragun as sureties,are held and firmly bound unto the State of Kansas in the sum of Five Thousand Dollars, to the payment of which, well and truly to be made, we bind ourselves, our executors and administrators, firmly by these presents. Dated, signed and sealed by us, this 15 day of Jan, AD 1909 The condition of the above obligation is such, that, whereas, the above bounden John A. Cragun has been duly appointed by the Probate Court in and for the County of Kingman and State of Kansas, Executor of the estate of George Dorner, Deceased. Now, if the said Administrator shall make and return into said Probate Court, on oath, within sixty days from this date, or sooner, if ordered by the Probate Judge, a true inventory of all moneys, goods, chattels, rights and credits of said deceased, which have or shall come to his possession or knowledge, and also of the real estate of said deceased, and shall administer according to law all the moneys, goods, chattels, rights and credits of the said deceased, and the proceeds of all the real estate which may be sold for the payment of debts, which shall at any time come to the possession of the Executor, or to the possession of any other person for him, and shall render upon oath a true account of his administration annually, and at any other time when required by said Probate Court or by the law; and shall pay any and all balances remaining in his hands upon settlement of his accounts to such persons as said Probate Court or the law shall direct, and shall deliver the Letters of Administration into the Court, in case any will of said deceased shall be hereafter proved and allowed, then this obligation to be void; else in full force and effect. Witness: John A. Cragun [signed] E.E. Cragun [signed] The above Bond taken and approved by me, this 18 day of Jan, AD 1909. J.Q. Jenkins, Probate Judge VERIFICATION OF SURETIES State of Kansas, Kingman County, ss John A. Cragun and E.E. Cragun being duly sworn, say that they, and each of them are worth over and above all liabilities and legal exemptions, the sum of Ten Thousand Dollars. John A. Cragun [signed] E.E. Cragun [signed] Subscribed and sworn to before me this 16 day of Jany. AD 1909 Oren Murphy -------------------------- Order of Court Granting Letters and Approval of Bond State of Kansas ) Kingman County ) ss. In the Probate Court of Said County and State In the Matter of the Estate of George Dorner, Deceased. And now on this 15 day of Jan A.D. 1909, Andrew Dorner and files his petition praying the Court to appoint John A. Cragun, administrator of the estate of George Dorner Deceased, and the Court upon examination of said petition, and hearing testimony is support thereof, does order, and adjudge that letters of Administration be granted and issued to the said John A. Cragun upon his executing, unto the State of Kansas, a good and sufficient bond in the sum of $5000.00 signed by two or more good and sufficient securities, to be approved by the Court. J.Q. Jenkins, Probate Judge. And now on this 18 day Jan 1909, comes the said John A. Cragun who was on the 15 day of Jan AD 1909 duly appointed Administrator of the estate of George Dorner deceased, and files his bond as required by the order of the Court herein, which bond is duly approved by the Court; and thereupon letters of Administration were issued to the said John A. Cragun. J.Q. Jenkins, Probate Judge. ------------------------ RESIDUE OF THE PROPERTY AND EFFECTS OF SAID ESTATE Statement of Bonds, Mortgages, Notes, and Other Securities Belonging to Said Estate Number, Nature or Kind of Security, Debtor's name, Date, Sum Originally Pay'ble, Indorsements Thereon with Their Dates, Sum which, in Appraiser's judgement, can be collected on each Security 1. Note, Mrs. Rose & D.S. Heist, Dec. 19, 1907, $500.00, due March 2, 1909, 7%, face of note & interest 2. Note, J.E. & Katie L. Peoples, March 2, 1908, $500.00, due Dec 19, 1912, 8%, face of note & interest 3. Note and Mtge, Andrew & Rebeka Dorner, Dec 21, 1904, 700.00, due Dec 21, 1905, 7%, Int paid to Dec 21, 1906, face of note and interest 4. Note, Andrew Dorner, Dec 22, 1904, $100, due 22 Dec 1905, 7%, In paid to Dec 20, 1906, face of note & interest Statement of Debts and Accounts Belonging to Said Estate, Value or Sum which, in Appraiser's judgement, can be collected Number, Debtor's Name, How Secured, Date, When Int Began, When Due, Payment 1, Mrs. Mary R. Leeke, None, Bank account showing that she owes estate 150.00, account in full 2, Mrs. Katie L. Peoples, None, Bank account showing that she owes estate 150.00, account in full 3. Mrs. Frances Dorner, none, Bank account showing that she owes estate $99.00 Statement of All Moneys, Bank Bills and Other Circulating Medium, Belonging to Said Estate Cash in bank $68.44 Description of Real Estate Belonging to Said Estate Lot number twenty five and twenty seven ---B West City of Kingman, Kansas, Valuation $950.00 Lot number thirty five and thirty six Sherman Street West, Kingman, Kansas, valuation $650.00 Lot number Six & Eight Ave. B. West, Kingman, Kansas, valuation $1200.00 Witness our hands this 31 day of March 1909 John A. Cragun [signed], Executor, Administrator of said Estate J. F. Salmons Geo. T. Almond Oren Murphy, appraisers of said Estate and Effects State of Kansas, Kingman County, SS I, the undersigned, do solemnly swear that I am the above-named Administrator of the estate and effects of -- Executor of the last will and testament of George Dorner, deceased; that the within, foregoing and above inventory is, in all respects, just and true; that it contains a true statement of all the estate and property of said deceased which has come to my knowledge, and particularly of all moneys, bank bills, and other circulating medium belonging to said deceased, and of all just claims of said deceased against myself and all other persons, according to the best of my knowledge. So help me God. John A. Cragun [signed] Subscribed and sworn to before me this 31 day of March AD 1909. J.Q. Jenkins, Probate Judge ------------------------------- Estate of George Dorner To: Mary Leeke For board of George Dorner beginning Nov 12th 1907 to January 12th, 1909 $140.00 Dr's fees $7.00 Medicine $3.00 The above contract was agreed to before the following named witnesses. State of Kansas, County of Kingman, SS. I, the undersigned, being duly sworn, depose and say that I am the rightful owner of the above claim, that I am personally acquainted with the facts on which said claim is based, that the above amount is justly due from the Estate of George Dorner, that the charges for the same are ordinary, legal and reasonable and the same was ordered by George Dorner. Further deponent saith not. Mrs. Mary R. Leeke Witnesses: Katie L. Peoples, Rose Heist Subscribed in my presence, and sworn to by above named affiant Jan. 11 AD 1910 Joseph E. Peterson, Notary Public ------------------------------- Affidavit of Publication State of Kansas, County of Kingman, ss. A.R. Hausmann, of lawful age, being first duly sworn, deposeth and saith that he is a publisher of The Kingman Journal, a weekly newspaper published in the City of Kingman, County of Kingman, Kansas, and of general circulation in said County, and which said newspaper has been continuously and uninterruptedly published in said county during the period of fifty-two consecutive weeks immediately prior to the first publication of the notice hereinafter mentioned, and that a notice, of which a true copy is hereunto attached, was published in the regular and entire issue of each number of said newspaper for 4 consecutive weeks, the first publication being made as aforesaid on the 6th day of May 1910. And affiant further says that he has personal knowledge of the statements above set forth, and that they are true. A.R. Hausmann [signed] Subscribed and sworn to before me this 5 day of June 1910. J. Q. Jenkins, Notary Public, Kingman County, Kansas. My Commission expires June 1911. Printer's fees $3.00 [text of notice:] First publication May 6, 1910 at The State of Kansas, Kingman County, ss. In the Probate Court in and for said County. Notice of Final Settlement. In the matter of the estate of George Dorner, deceased. Creditors and all other persons interested in the aforesaid estate are hereby notified that I shall apply at the next term of the Probate Court, in and for said country, sitting at the office of the Probate Judge, in Kingman, County of Kingman, State of Kansas, on the 5th day of June, 1910, for a full and final settlement of said estate. John A. Cragun Administrator of the Estate of George Dorner, Deceased. ------------------------ APPOINTMENT OF APPRAISERS State of Kansas, Kingman County, ss. The State of Kansas, to John Salmans, Geo. Almond and Oren Murphy. You are hereby appointed to appraise, on oath, the personal estate and effects comprised in the inventory of the estate of George Dorner deceased, at such time and place as may be designated by the Executor of said estate. Witness my hand and official seal at Kingman in said County, this 14 day of April 1909. J. Q. Jenkins, Probate Judge. OATH of APPRAISERS We, the Undersigned, disinterested householders of said County, do solemnly swear that we will truly, honestly, and impartially appraise the personal property of the estate of George Dorner deceased, which shall be exhibited to us, and perform such other duties as may be required by law in the premises, to the best of our knowledge and ability. So help us God. John Salmans [signed] Geo. T. Almond [signed] Oren Murphy [signed] Subscribed and Sworn to before me this 14 day of April AD 1909 C.W. Sample ---------------------------- FINAL ACCOUNT - Administrator or Executor Final Account of John A. Cragun of the estate of George Dorner, deceased. Accountant charges himself as follows: Amount three lots 25-27 Ave B West $1100.00 Amount lots 6 & 8 Ave B West $1200.00 Amount Lots 34 & 36 Sherman St. West $700.00 Amount A Dorner[?] note $868.00 Amount Rosie Heist $570.00 Amount Katie Peoples $680.00 Amount Mary R. Lekie $150.00 Amount Francis Dorner $90.00 total $5358.00 And accountant claims credit for the following payments made on behalf of said Estate: PAID Bequest to Francis Dorner VOUCHER No 1 $500.00 PAID Mary R. Lekie, Dr bill & Board VOUCHER No $150.00 PAID Funeral expenses VOUCHER No $100.00 PAID Taxes for 1909 & 1910 VOUCHER No $30.00 PAID Cost in Probate Court VOUCHER No $34.00 PAID Bequest to Rosie Heist VOUCHER No $300.00 PAID Andrew Dorner VOUCHER No $838.80 PAID Rosie Heist VOUCHER No $838.80 PAID Katie L. Peoples VOUCHER No $838.80 PAID Mary R. Leke VOUCHER No $838.80 PAID Francis Dorner VOUCHER No $419.40 PAID J.A. Cragun, guardian of Geo., et al minors VOUCHER No $419.40 PAID His services, expenses and atty fees $50.00 total $5358.00 State of Kansas, Kingman County, ss. To the Honorable J.Q. Jenkins, Probate Judge: Your petitioner, being duly sworn, says, that he is the Executor of the estate of said deceased, duly appointed and qualified; that the above and foregoing constitutes a full and accurate report of his proceedings as such Administrator; that he has paid and delivered over to the person entitled thereto the money and property in his hands as such Administrator agreeably to the orders of the Court therein; that he has advertised a notice of his final settlement of said estate, in conformity with the orders of the Court, proof of which notice is hereto attached marked "A" and made a part hereof. He therefore prays an order of this Court formally discharging him as such Administrator of said estate, and forever exoneration himself and securities from all further liability therein. John A. Cragun [signed] Sworn to and subscribed before me this 5 day of June AD 1910. J.Q. Jenkins, Probate Judge ----------------------------- ORDER OF FINAL DISCHARGE OF ADMINISTRATOR State of Kansas, ) Kingman County ) ss In the Probate Court In the county of Kingman in the state of Kansas IN the matter of the estate of Geo. Dorner Deceased On this 5 day of June AD 1910, appeared John A. Cragun, Administrator of the Estate of George Dorner deceased, and presented to the Court, an application for an order of this Court, finally discharging him and his sureties from liability because of the administration of said estate, and it appearing to the satisfaction of the Court, that said Administrator has in all respects, complied with the requirements of the law in the matter of said administration and with the orders of the Court relating thereto, and has fully completed his duties in such a mater. It is therefore, Now by the Court duly considered, ordered, and adjudged that said John A. Cragun and the sureties upon all bonds given by him in the administration of said estate, be and they are hereby forever discharged and exonerated from all liability on account of such administration and the execution of said bonds. J.Q. Jenkins, Probate Judge Additional Comments: George Dorner died in the household of his daughter, Mary Leeke and her husband, Thomas, Leeke, in Aurora, Colorado. File at: http://files.usgwarchives.net/ks/kingman/court/dorner6wl.txt This file has been created by a form at http://www.poppet.org/ksfiles/ File size: 24.8 Kb