Iowa County WI Archives Wills.....Tyrer, Hiram 1906 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/wi/wifiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Nancy Poquette npoq@hotmail.com January 1, 2007, 5:13 am Source: In The Superior Court Of The State Of California, In And For The County Of Calaveras Written: 1906 Recorded: January 8, 1912 In the matter of the estate of Hiram Tyrer, deceased} Petition for letters of administration. To the Honorable, the Superior Court of the County of Calaveras, State of California “The petition of Mrs. Helen Sanborn of Calaveras County, respectfully shows that Hiram Tyrer died on or about the 14th day of April, 1906 in the County of Calaveras, state of California.” “That said deceased at the time of his death was a resident of the County of Calaveras, State of California. That said deceased left estate in the County of Calaveras, State of California, consisting of real and personal property; that the value and character of said property so far as is known, at the present time, to your applicant is as follows, to wit: 1st. Fourteen hundred acres of pastureland situated in said county and being of the value of about five thousand, five hundred ($5,500) dollars. 2nd. An interest in the ‘Slate Creek’ mining claim situated in the above named county, the value of which is unknown to your petitioner. 3rd. Personal property consisting of the following, to wit: One ranch wagon, one spring wagon, one old horse and one set of harness, the value of which is bout the sum of fifty dollars.” “That the estate and effects for or in respect of which letters of administration are applied for do not exceed in value the sum of $6,000; “That the next of kin of said deceased and whom your petitioner is advised and believes and therefore alleges to be the heirs at law of said deceased, are your petitioner, Mrs. Helen Sanborn (nee Tyrer), a niece, residing at Jenny Lind, Calaveras County, CA, Mrs. Mary A. Thomas, a niece, residing in Fresno County, state of CA, and a number of other nieces and nephews residing in the state of New York and in the state of Wisconsin, whose names are, at the present time, unknown to your petitioner.” [She has stated that she does not even know the names of her own brothers and sisters? Perhaps she just didn’t know which of them were still living.] “That your petitioner does not know of any other kin of said deceased; “That said deceased left neither issue, wife, father, mother, brother nor sister and the only descendants of any brother or sister are those heretofore mentioned in this petition.” “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, none exist at the present time and that said deceased died intestate; “That your petitioner is the next of kin of said deceased and therefore, as your petitioner is advised and believes, is entitled to letters of administration upon said estate.” “Wherefore, your petitioner prays that a day may be set for hearing this petition; that due notice thereof be given by the clerk of this court by posting notices, according to law, and that upon said hearing and the proofs to be adduced, letters of administration of said estate may be issued to your petitioner.” “And your petitioner will ever pray, etc. Dated this 18th day of April, 1906. Mrs. Helen Sanborn, petitioner, Solinsky and Mike John Hancock, attorneys for petitioner. [This was filed only 4 days after Hiram’s death!?] In the Superior Court of the State of California, in and for the County of Calaveras In the matter of the estate of Hiram Tyrer, deceased} Orders that letters of administration issue. “The petition of Mrs. Helen Sanborn for letters of administration upon the estate of Hiram Tyrer, deceased, coming on regularly to be heard, and it having been proved to the satisfaction of this Court and the Court so finding that the Clerk has given notice of the hearing thereof in all respects and according to law and evidence having been heard; “It is by the Court ascertained and adjudged that the said Hiram Tyrer died on or about the 14th day of April, 1906 in the County of Calaveras, state of California, that at the time of his death said deceased was a widower [!!!]” [I forgot to look for a wife!!!] “That petitioner is legally competent to act as adminstratrix of the estate of said deceased; that she is one of the next of kin of said deceased, being a niece and an heir at law; “That the petitioner, Mrs. Helen Sanborn is a resident of Jenny Lind, Calaveras County, Ca. “That Mrs. Mary A. Thomas, a niece of said deceased is a resident of California and that there are other nieces and nephews residing in the state of New York and in the state of Wisconsin whose names are at the present time unknown; “That said deceased left neither issue, wife, father, mother, brother nor sister and that the only descendants of any brother or sister are those heretofore mentioned. That said deceased left estate consisting of real and personal property described as follows, to wit: “Personal property: One ranch wagon, one spring wagon, one old horse and one set of harness being of the total value of about the sum of $50.” “Real property: Fourteen hundred acres of pastureland situated in Calaveras County and being of the value of about $5500. Also an interest in the ‘Slate Creek’ mining claim situated in the above named county, the value of which is unknown to your petitioner.” “It is therefore ordered that letters of administration upon the estate of Hiram Tyrer, deceased, issue to the petitioner, Mrs. Helen Sanborn upon her taking the oath and filing a bond according to law in the sum of $5,000. Dated this 6th day of June, 1906. A. J. McSorley, Judge of the Superior Court.” In the Superior Court of the State of California, in and for the County of Calaveras In the matter of the estate of Hiram Tyrer, deceased} Petition for sale of personal property. To the Honorable A. I. McSorley, Judge of the Superior Court of the County of Calaveras, state of CA: “The petition of Mrs. Helen Sanborn, the administratrix, of the estate of Hiram Tyrer, deceased, respectfully shows that on the 6th day of June, 1906, letters of administration of the estate of said deceased were issued to your petitioner and that said letters have not been revoked; “That immediately after her appointment she caused to be published, according to law, a notice to the creditors of said deceased; that thereafter and on the 27th day of July, 1906, an inventory and appraisement of the estate of said deceased was duly made and returned to said court; “That among other personal property in said estate are two old wagons, one set of old harness and one old horse, which said personal property was appraised at the sum of $50; that the said personal property is depreciating in value and will depreciate in value unless the same is immediately sold; that it will incur an expense to keep the said personal property; that all of the expenses of said estate excepting certain claims against the estate have been duly paid.” “Wherefore your petitioner prays for an order for the sale of the herein before described personal property, without notice.” And your petitioner will ever pray, etc.” In the Superior Court of the State of California, in and for the County of Calaveras In the matter of the estate of Hiram Tyrer, deceased} Inventory and Appraisement “Moneys belonging to the said deceased, which have come to the hands of the Administratrix-$634.00.” “Real Property_ All those certain pieces and parcels of land described with reference to the public land surveys of the United States, as follows, to wit: “All of Section 2. The East half of the East half of the NW quarter, the East half of the SE quarter and SW quarter of SE quarter of Section 3; The NE quarter of Section 10; The NW quarter, west half of NE quarter, NW quarter of SE quarter, and NE quarter of SW quarter of Section 11; All being situated in Township 3, North of Range 10 East, MDBM and containing 1280 acres.” “Also, fractional part of Section 34, Township 4 North, Range 10 East and containing 40 acres; which said property is commonly known and called the ‘Upper Range Ranch.” -$6600.00 “Improvements on the same all being situated in Calaveras County, CA- $500 Total-$7,734.00 “Interest in the Slate Creek Mine and improvements upon the same, valued at $500. –Total- $8234.00 Personal Property: A certain promissory note executed by W. S. Dennis and dated the 22nd day of October, 1904 for $2,000, upon which the sum of $300.00 has been paid. Present value-$170 One old horse-$5.00 Two old wagons-$20.00 One set old harness-$5.00 Total of all of above-$9,964 In the Superior Court of the State of California-Probate In the matter of the estate of Hiram Tyrer, deceased} Creditor’s Claim “The undersigned creditor of Hiram Tyrer, deceased, presents this claim against the estate of said deceased, with the necessary vouchers for approval, as follows, to wit: Estate of Hiram Tyrer, deceased to Mansfield F. Gregory.” “One Note, of which the following is a true copy: $80.00, Jenny Lind, 12 May, 1905.One year after date, without grace, I promise to pay the order of M. F. Gregory at his residence in Calaveras county, CA, eighty dollars in gold coin of the United States of America of the present standard value, with interest thereon in like gold coin at the rate of 8% per annum from 27th June, 1905 until paid, for value received, interest to be paid annually, and if not so paid, the whole sum of both principal and interest to become immediately due and collectible at the option of the holder of this note. And in case suit of action is instituted to collect this note, or any portion thereof, I promise and agree to pay, in addition to the cost and disbursements provided by statute, such additional sum in like gold coin, as the court may adjudge reasonable, for attorney’s fees to be allowed in said suit of action. Hiram Tyrer.” In the Superior Court of the State of California-Probate In the matter of the estate of Hiram Tyrer, deceased} Creditor’s Claim “The undersigned creditor of Hiram Tyrer, deceased, presents this claim against the estate of said deceased, with the necessary vouchers for approval, as follows, to wit: Estate of Hiram Tyrer, deceased to George A. Conrad.” “One note, a copy of which is as follows: $1100.00, Stockton, California, May 2nd, 1900. On or before two years after date, without grace, for value received, we or either of us promise to pay to George A. Conrad, on order, at the office of Connelly and Crane in Stockton, Calif., Eleven hundred dollars with interest thereon at the rate of 8%, per annum from date until paid. Interest payable annually, and if not so paid as it becomes due, it be added to the principal and become a part thereof, and bear interest at the same rate; also to pay all expenses and attorney’s fees which may be incurred in the collection of this note: but if default be made in the payment of the interest as above provided, then this note shall immediately become due at the option of the holder thereof. All payments which become due by virtue hereof are to be made in United States gold coin. E. J. Caldwell, Hiram Tyrer.” In the Superior Court of the State of California-Probate In the matter of the estate of Hiram Tyrer, deceased} Petition for sale of Real Property. “To the Honorable A. I. McSorley, Judge of the Superior Court of the County of Calaveras, state of California: “The petition of Mrs. Helen Sanborn, as Administratrix of the estate of Hiram Tyrer, deceased, respectfully shows: 1. “That the said Hiram Tyrer died intestate in the County of Calaveras, state of California on the 14th day of April, 1906, and was a resident of said county and state at the time of his death, and left estate therein; 2. “That thereafter and on the 6th day of June, 1906 an order was duly made and given by the said Superior Court appointing petitioner as Administratrix of the estate of said deceased, and thereafter said petitioner qualified as such Administratrix of said estate, and letters of administration signed by the Clerk and under the seal of the Court were thereupon duly issued to your petitioner, and have not been revoked, and that ever since that date, petitioner has been and now is the duly appointed, qualified and acting administratrix of the estate of Hiram Tyrer, deceased.” 3. “That on the 23rd day of July, 1906, your petitioner duly made and returned to said Court upon her appointment, a full, true and correct inventory and appraisement of all of the said deceased which had come into her possession or knowledge, and on the 27th day of July, 1906, she duly filed said inventory and appraisement with the papers in said estate.” 4. “That petitioner has published due and legal notice to the creditors of said decedent as required by law, and that the time for presentation of the claims pursuant to said notice to creditors has expired, all of which more fully appears by reference to the papers on file in said proceedings and to the reocrds of the Court.” 5. “That the personal property which has come to the hands of your petitioner amounted to the total sum of $2983.85, consisting of cash on deposit, moneys in bank and collected from the sale of certain personal property and the leasing of the real property of said estate, and on a certain promissory note of W. S. Dennis in favor of said estate. That there is no personal property on hand in said estate at the present time, except the sum of $2231.06, consisting of cash in bank.” 6. “That the debts outstanding against the estate so far a can be ascertained or estimated, and that remain unpaid consist of a promissory note executed by the said Hiram Tyrer, deceased, as the accommodation maker thereof, and E. J. Caldwell as principal and maker, said note being dated May 2nd, 1900 for the sum of $1100.00, together with the interest thereon at the rate of 8% per annum annually.” 7. “That the debts, expenses and charges of administration already accrued amount to the sum of $752.19, and are as follows, to wit: Clerk’s fees - - - - - - - - $6.00 Appraiser’s fees - - - - - - - 37.50 Attorney’s fees on account - - - - - - 44.00 Undertaker’s bill - - - - - - - 100.00 Paid for grave digging - - - - - - - 10.00 Notary’s fees - - - - - - - - 1.50 Taxes - - - - - - - - - 294.25 M. F. Gregory claim - - - - - - - 93.06 W. S. Dennis claim - - - - - - - 80.25 Expenses of administration in the care and management of the property of the Estate - - - - - - - - - 85.63 Total - - - - - - - - - 752.19 8. That the expenses and charges of administration that will or may accrue during the administration are as follows, to wit: Estimated commission of Administratrix - - - - 300.00 The commission of attorneys for Administratrix - - - 300.00 Claim of George A. Conrad - - - - - - 1100 Interst on said claim - - - - - - - 900.00 Estimated expenses of closing said estate - - - - 200.00 Total - - - - - - - - $2800.00 “That the total amount of debts outstanding against the said deceased and the debts, expenses and charges of administration already accrued and remaining unpaid, and the estimated debts are as follows: Debts outstanding against the estate Conrad note, about - - - - - - - - - $2000 Debts of administration already accrued and remaining unpaid- - - $7.50 Estimated debts, expenses and charges of administration that will or may accrue $800.00 Total - - - - - - - - - - $2807.50 9. “That a full description of all real estate of which decedent died seized, or of which he had any interest or in which the estate had acquired any interest, and the condition and value of said real estate are as follows, to wit: The following described lots, pieces or parcels of land, situate in the County of Calaveras, state of California, and more particularly described as follows, to wit: All of section 2; The SE quarter and also 4.5 acres in the NE corner of the SW quarter, east half of the NE quarter of Section 3; The NE quarter of Section 10; “The NW quarter and the west half of the NE quarter; and the NW quarter of the SE quarter, and the NE quarter of the SW quarter of Section 11, all in Township 3 North of Range 10 East Mount Diablo Base and Meridian.” Also a fractional portion of the SE quarter of Section 34, township 4 North of Range 10 East Mount Diablo Base and Meridian, containing 40.27 acres. “The said above described tract of land being commonly known as, and called the ‘Upper Range Ranch’ and containing 1399.74 acres of land.” “Also, an undivided seven twenty-fourths [7/24] interest of and in, and to that certain Quart Mining Claim commonly known as and called the ‘Slate Creek Quartz Mine’, situated in the Jenny Lind Mining District, being 1500 feet in length by 600 feet in width and being situated in the SE quarter of the SE quarter of the SW quarter of Section 6, and in the NW quarter of the NE quarter, and the NE quarter of the NW quarter of Section 7, Township 3 North of Range 11 East, Mount Diablo Base and Meridian, located on the 4th day of August 1893 by Emile Chiland, the location notice of which appears of record in Volume N of Mining Claims, page 281-281, Calaveras County Records.” That the above described real property was the separate of the said decedent, he being unmarried at the time of his death.” 10. “That the following are the only heirs of said deceased, to wit: “Oscar Tyrer, a nephew, residing in Dodgeville, Iowa county, WI; Alvin Tyrer, a nephew, residing at Mineral Point, Iowa County, WI; your petitioner, Helen Sanborn, a niece, residing in Jenny Lind, Calaveras County, California; the foregoing heirs being the children of Louisa Tyrer, deceased, a sister of the said deceased Hiram Tyrer; “William E. Bennett, a nephew, residing at Dodgeville, Iowa County, WI; Mary A. Thomas, a niece, residing at Oleander, Fresno County, CA; they being the children of Sarah Tyrer, deceased, a sister of the said Hiram Tyrer; “Eleanor E. Haas, a niece, residing at Withee, Clark County, WI, the only child of Warren Tyrer, deceased, a brother of the said Hiram Tyrer; “Sarah Parkinson, a niece, residing at Gowanda, New York; Smith H. Tyrer, a nephew, residing at Pontiac, Michigan; and Ernest J. Tyrer, a nephew, residing at Pontiac, Michigan, the said three last named heirs being the children of William Tyrer, deceased, a brother of the said Hiram Tyrer.” “That beside the foregoing named heirs of said deceased, there are three alleged heirs, they being Mrs. Isabella Faragher of the city of Watertown, County of Codington, state of South Dakota; Robert Tyrer of the county of Mower, state of Minnesota; and ELISHA TYRER of the county of Iowa, state of Wisconsin, the said three last named persons alleging themselves to be half- brothers and a half-sister of the said Hiram Tyrer, deceased.” 11. Your petitioner respectfully represents and alleges that it will be for the advantage, benefit and best interest of the estate and those interested therein, that a sale be made of the real property belonging to the said estate; that the estate is mow almost in a condition to be settled and distributed, and that if that said premises were divided among the heirs in accordance with their rights as such heirs, that the fractional interests and portions of said properties that would be awarded to the respective heirs would be of such an amount and value as would be unprofitable and that if such said lands are subdivided and distributed to the heirs, the value would be greatly diminished if not entirely lost; and further that the said above described real property can be sold as a whole to much better advantage than if sold in undivided interests; “Your petitioner further alleges that said property can better be sold at private than at public sale; that by offering the same at private sale, petitioner can advertise and look for purchasers, and an take the necessary time in which to find individuals who will purchase the property, whereas at public auction, if offered for sale at a said time and place, petitioner would not be able to negotiate with individuals and to interest them In the purchase of said premises prior to the sale.” “Wherefore, your petitioners prays that an order be made by this Honorable Court directing that all persons interested in said estate appear before said Court at a time and place specified, not less than four nor more than 10 weeks from the time of making such an order, to show cause why an order should not be granted to your petitioner to sell all of the real estate belonging to said deceased or said estate, and that after a full hearing of this petition and examination of the proofs and allegations of the parties interested, and due proof of the publication of a copy of said order to show cause, an order of sale be made authorizing your petitioner to sell, at private sale, the whole of the said described real property belonging to said estate, and that such further orders be made, is meet in the premises. And your petitioner will ever pray, etc. Helen Sanborn, Administratrix of the estate of Hiram Tyrer, deceased. 20th day of March, 1908.” Prior to the settlement of the estate, these postcard exchanges were written between Isabella Tyrer and her brother, ELISHA TYRER concerning Hiram Tyrer’s estate in California: Addressed to: Elisha Tyrer, Dodgeville, Wis. From Watertown, SD January 9th, 1908 Dear brother, I have sent our affidavits to be signed. As soon as they are signed, send them back to me by registered letter and I will send them to Cal. [ifornia] Bob [their brother, Robert] has accused me of trying to keep him and you in the dark in regard to the Cal. Estate. If I had wished to keep you in the dark I would not have put in your names to begin with. Sister Bell. 916 2nd St, NW, Watertown, SD. Addressed to: Elisha Tyrer, Dodgeville, Wis. From Watertown, SD, Feb. 17, 1908 Dear brother, I got your letter and answered it. I am now right in the hottest of the battle with Helen. She is after $9,000. Sent a list of names of witnesses for our lawyer to get. I think she will get cooked all right. The trial did not come off on the 5th, but will come off on the 26th of this month. Sister Bell. 916 2nd St, NW, Watertown, SD. [It sounds like Helen was trying to exclude these 3 half brothers and sister from benefiting from the proceeds of the estate, since they could not provide proof that their father married their mother, Sarah.] Addressed to: Elisha Tyrer, Dodgeville, Wis. Watertown, SD April 2nd, 1908 Dear brother, I have searched the records at Buffalo [New York?] and cannot find anything there. I am going to search the records in other counties near. I think that Mary A. [Dunn, daughter of Michael and (Sarah Tyrer) Bennett living in Dodgeville, WI] will have to keep still. Write soon. Sister Bell. 916 2nd St, NW, Watertown, SD. County of Mower Robert Tyrer, being first duly sworn deposes on oath and says that he is a son of LUTHER TYRER, now deceased, at the time of his death a resident of Dodgeville, Wisconsin, where he died June 18th, 1863.” “That affiant is a half-brother of Hiram Tyrer, who, at the time of his death, was a resident of San Andreas, California and also that Isabella Faragher (nee Tyrer) is his full sister and a half-sister of said Hiram Tyrer. That ELISHA TYRER is a full brother of the affiant and a half-brother of Hiram Tyrer and is a resident of Dodgeville, Wisconsin.” “Affiant further says that Hiram Tyrer, deceased, was the son of affiant’s father by a first marriage and was older that the half brothers and sisters; that he was the only living child of said first marriage. Robert Tyrer.” Subscribed and sworn to before me, this 10th day of September, 1906. A. W. Wright, Notary Public. State of Minnesota, County of Mower Charles Edward Page being first duly sworn, deposes on oath and says that he is personally acquainted with Robert Tyrer. That he has read the foregoing affidavit of Robert Tyrer and except as to the date of death of said Robert Tyrer’s father of which he has no personal knowledge, he affirms all of the statements in said affidavit contained and affirms that the same and the whole thereof are true as therein stated. Charles Edward Page.” Subscribed and sworn to before me, this 10th day of September, 1906. State of South Dakota, County of Codington. “I, Isabella Faragher, of the city of Watertown, county of Codington, state of South Dakota, disposeth and sayeth that I am sixty-five years old, that I was born in the state of Indiana on the 31st day of August in the year of 1843.” “I further depose and say that I am the daughter of LUTHER TYRER and SARAH TYRER, his wife, late of the state of Indiana, that LUTHER TYRER was the father of Hiram Tyrer, late of the state of California, and whose estate is now being probated in the County Court of Calaveras County in the state of California. That Hiram Tyrer is the son of Luther Tyrer by way of his first wife, by name, Nellie Tyrer.” “I further deposeth and sayeth that I am an heir of Hiram Tyrer, late of the State of California. Isabella Faragher.” Subscribed and sworn to before me, this 6th day of January, 1908. C. K. Snyder, Notary Public. State of Minnesota, County of Mower Robert Tyrer of said county and state, being first duly sworn, says that he personally knows the person whom has signed the above affidavit, Mrs. Isabella Faragher, that he is the brother of the said Mrs. Isabella Faragher and knows the contents of the above affidavit and signed by her to be the truth, and nothing but the truth. That she is the daughter of LUTHER TYRER and SARAH TYRER as stated above, and that SARAH TYRER is the 2nd wife of LUTHER TYRER, and that Hiram Tyrer, late of the state of California is the son of LUTHER TYRER, and by his first wife, Nellie Tyrer. Robert Tyrer.” Subscribed sworn to before me this day, A. W. Wright, Notary Public, Minnesota. State of Wisconsin, County of Mower I, the undersigned, ELISHA TYRER, of the County of Iowa, state of Wisconsin, certify and swear that I personally know Isabella Faragher and Robert Tyrer who have signed the above and foregoing affidavits and that the matters and things and the whole thereof contained in said affidavits set out above is the truth and I verify the veracity of the same. ELISHA [his mark] TYRER.” Subscribed and sworn to before me, this 18th day of January, 1908. Richard Carter, Notary Public, Wisconsin. State of Wisconsin, County of Iowa John Nelson, being first duly sworn, says that he has been a resident of Dodgeville, Wisconsin for 60 years, since 1848. That he was personally acquainted with the above named ELISHA TYRER and knows he was the son of LUTHER TYRER and a brother of Isabella Faragher and Robert Tyrer, and the affidavits of said ELISHA TYRER hereto annexed, is true. John Nelson.” Subscribed and sworn to before me, this 18th day of January, 1908, and I certify that said John Nelson is a reputable citizen. Richard Carter, Notary Public. State of Wisconsin, County of Iowa John Shaunce being duly sworn, says that he has been a resident of Dodgeville, Wisconsin for 60 years. That he has known ELISHA TYRER, whose affidavit is hereto annexed, all his life, and knows that he is the son of LUTHER TYRER, and a brother of Isabella Faragher and Robert Tyrer, and that the affidavit of said ELISHA TYRER hereto annexed is true. John Shaunce.” Subscribed and sworn to before me on this 18th day of January, 1908, and I certify that the said John Shaunce is a reputable citizen. Richard Carter, Notary Public. State of Minnesota, County of Blue Earth, Recorder’s Office, City of Mankato “I, the undersigned William A. James, depose and say that I am 23 years old, and was born in Dodgeville, Wisconsin on the 8th day of March, 1884, and that I am the son of Amy James, who was to daughter of Louisa Tyrer, and that said Louisa Tyrer was the daughter of LUTHER TYRER by his first wife, and a sister of the late Hiram Tyrer of the state of California. William A. James.” Subscribed and sworn to before me, this 2nd day of January, 1908. J. B. Hodapp, City Recorder, Mankato, Minn. State of South Dakota, County of Codington “I, the undersigned, hereby certify and swear that I personally know William A. James and was acquainted with the other parties named in the above and foregoing affidavit and verify the veracity of the same. Isabella Faragher.” Subscribed and sworn to before me, C. K. Snyder, Notary Public. State of Minnesota, County of Mower “I, the undersigned, hereby certify and swear that I personally know William A. James, and was acquainted with the other parties named in the above and foregoing affidavit and verify the veracity of the same. Robert Tyrer.” Subscribed and sworn to before me, A. W. Wright, Notary Public in and for Mower County, Minnesota. I, the undersigned, hereby certify and swear that I personally know William A. James and was acquainted with the other parties named in the above and foregoing affidavit and verify the veracity of the same. ELISHA [his mark] TYRER. Subscribed and sworn to before me this 18th day of January, 1908. Richard Carter, Notary Public. State of Wisconsin, County of Iowa “I, ELISHA TYRER, depose and say that I am 71 years of age and that I am the son of LUTHER TYRER by his 2nd wife, and that I am a half-brother of Hiram Tyrer, deceased, late of the state of California. ELISHA [his mark] TYRER. Subscribed and sworn to before me, this January 18th, 1908. Richard Carter, Notary Public. State of California, Circuit Court for the County of Calaveras In the matter of the estate of Hiram Tyrer, deceased. State of Michigan, County of Oakland Ernest Tyrer, being duly sworn, deposes and says that he resides in the city of Pontiac, Oakland Co, Michigan; that he is a son of William O. Tyrer, who died at Leon Center on the 16th of April, 1874. That said William O. Tyrer was a brother of Hiram Tyrer, of the State of California, now deceased; that said William O. Tyrer had three children living at the time of his death, as follows: Ernest Tyrer, son, Pontiac, Michigan, 49 years Smith H. Tyrer son, Pontiac, Michigan, 51 years Sarah Parkinson, daughter, Gowando, NY, 59 years And further, deponent sayeth not. E. J. Tyrer.” Subscribed and sworn to before me, this 3rd day of August 1908. Ross Stockwell. Notary Public, Oakland Co. Michigan. State of California, Circuit Court for the County of Calaveras In the matter of the estate of Hiram Tyrer, deceased. State of Michigan, County of Oakland Richard and Phoebe Bartlett being duly sworn, depose and say that they were well acquainted with William O. Tyrer, during his lifetime; that said William O. Tyrer died at Leon Center, New York State, about 30 years ago, leaving three children who are now above the age of 21 years, and whose names, ages and residences are as follows: Ernest Tyrer, son, Pontiac, Michigan, 49 years Smith H. Tyrer son, Pontiac, Michigan, 51 years Sarah Parkinson, daughter, Gowando, NY, 59 years Deponent further states unto the court that William O. Tyrer had one other child [Nellie M. Tyrer], but that said child died under age and never married, and that he died previous to the death of said William O. Tyrer, and further deponents saith not.” Richard Bartlett, Phebe Bartlett . Subscribed and sworn to before me, this 3rd day of August, 1908. Ross Stockwell, Notary Public, Oakland Co. Michigan. “Know all men by these presents: That ELISHA TYRER, of Dodgeville, Wisconsin, Robert Tyrer of Austin, Minnesota, and Isabella Faragher, of Watertown, South Dakota, heirs-at-law of Hiram Tyrer, late of the County of Calaveras, state of California, deceased, have made, constituted and appointed, and by these presents do make, constitute and appoint Will A. Dower, of San Andreas, Calaveras County, our true and lawful attorney for us, and in our names, places and stead, and for our use and benefit, to ask, demand, sue for, recover, collect and receive, all such sums of money, debts, dues, accounts, legacies, bequests, interests, dividends, annuities, and demands whatsoever, as are now or shall hereafter become due, owing, payable or belonging to us; and have, use and take all lawful ways and means in our names or otherwise for the recovery thereof, by legal process, and to compromise and agree for the same, and to execute acquittances or other sufficient discharges for the same, for us and in our names, to make, seal, and deliver; to bargain, contract, agree for, purchase, receive and take lands, tenements, hereditaments, and accept these in and possession of all lands, and all deeds and other assurances in the law therefor; and to lease, let, demise, grant, bargain, sell, remise, release, convey, mortgage and hypothecate lands, tenements, hereditaments, upon such terms and conditions, and under such covenants as he shall think fit.” “Also to bargain and agree for, buy, sell, mortgage, hypothecate and in every way and manner deal with and in goods, wares and merchandise, choses in action, and other property in possession or in action; and to make do and transact all and every kind of business of what nature and kind whatsoever; and also for us and in our names and as our act and deed, to sign, sell, execute and acknowledge such deeds, leases, assignments of leases, covenants, indentures, agreements, mortgages, assignments of mortgages, hypothecations, bills of lading, bills, bonds, notes, receipts, evidences of debt, assignments, releases and satisfactions of mortgages, judgments and other debts and such other instruments in writing of whatever kind and nature as may be necessary or proper in the premises.” “The power and authority hereby given and conferred is confined and limited to the state of California.” “Giving and granting unto our said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as we might or could do if personally present, hereby ratifying and confirming all that our said attorney shall lawfully do or cause to be done by virtue of these presents.” “In witness whereof, we have hereunto set our hands and seals the 25th day of September, 1911. Isabella Faragher, signed sealed and delivered in the presence of John W. Martin. Robert Tyrer, signed sealed and delivered in the presence of E. Wood. ELISHA [his mark] TYRER, signed, sealed and delivered in the presence of J. Rhoad. State of Minnesota, County of Mower On this 28th day of September, 1911, before me came Robert Tyrer, to me known to be the individual described in, and who executed the within certificate and he acknowledged that he executed the same. E. Woods, Register of Deeds in and for the county of Mower, Minnesota.” State of Wisconsin, County of Crawford “On this 5th day of October 1911, before me, came ELISHA TYRER to me known to be the identical person described in and who executed the within certificate and he acknowledged that he executed the same. ELISHA [his mark] TYRER. J. N. Kast, Notary Public, Crawford Co, Wisconsin.” In the Matter of the Estate of Hiram Tyrer, deceased: Decree of Settlement of Supplemental Account and Final Distribution Mrs. Helen Sanborn, administratrix of the estate of Hiram Tyrer, deceased, having on the 27th day of November, 1911, presented and filed in this court a supplemental Final Account, and having with the said account filed her petition for the final distribution of the estate; and the said supplemental final account and petition for distribution coming on this day regularly to be hear, proof having been made to the satisfaction of the Court that the Clerk of this Court has given due and legal notice of the settlement of said account and the hearing of said petition for distribution in the manner and for the time as required by law, and it appearing from the said supplemental final account that the said administratrix has received since the filing of her final account, interest on money in bank, amounting to the sum of $341.40, and has paid out since the filing of said final account, the sum of $31.30, leaving a balance now in the hands of said administratrix, amounting to the sum of $5,788.67; And it further appearing that all of the claims and debts against said decedent, and all taxes of said estate, and all debts, expenses and charges of administration have been fully paid and discharged, and that said estate is ready for distribution and in a condition to be close; that the whole of said estate is exempt from any inheritance tax; It is therefore ordered, adjudged, and decreed that the said supplemental final account of the said Mrs. Helen Sanborn as such adminstratrix be and the same is hereby settled, allowed and approved; And it further appearing to the satisfaction of the Court, and the Court so finding; I. That the said Hiram Tyrer died intestate in the County of Calaveras, state of California, on the 14th day of April, 1906, and was a resident of the said County at the time of his death, and left estate therein, consisting of real and personal property. II. That thereafter and on the 6th day of June, 1906, an order was duly made and given, appointing the said Mrs. Helen Sanborn as administratrix of the estate of said decedent, and immediately thereupon, she duly qualified as such administratrix, and letters of administration were issued to her, which letters have never been revoked, and that she is now the duly appointed, qualified and acting administratrix of the estate of the said Hiram Tyrer, deceased, III. That thereafter and on the 27th day of July, 1906, the said administratrix presented and filed in this Court, a full, true and correct inventory and appraisement of all the property, real and personal, belonging to the said estate, IV. That on the 6th day of June, 1906, an order was made authorizing and requiring the said administratrix to publish Notice to Creditors and thereafter she caused Notice to creditors to be published in the Calaveras Weekly Citizen, for the time and in the manner as required by law, and that thereafter, a decree was duly made and given by this Court, decreeing that due and legal notice had been given, V. That on the 7th day of December, 1909, the said administratrix presented and filed her final account, showing all sums of money received and dispersed, by her, and showing that all of the property of said estate had been sold under the orders of this Court, and in the manner as required by law, and that on the 4th day of December, 1909, the residue of said estate, consisting of cash, amounted to the sum of $5,478.57 as shown by the said final account. That said administratrix has filed a supplemental account showing expenditures since the filing of said final account, amounting to the sum of $31.30, and showing a balance on hand to the sum of $5,788.67 to be distributed to the heirs of the said deceased. VI. That more than ten months have elapsed since the appointment of the said Mrs. Helen Sanborn as such administratrix, and more than ten months have expired since the first publication of Notice to Creditors. VII. That the said decedent Hiram Tyrer, left him surviving as his sole heirs-at- law, the following persons, to wit: 1. Oscar Tyrer, a nephew, residing at Dodgeville, Wisconsin. 2. Alvin Tyrer, a nephew, residing at Mineral Point, Wisconsin. 3. Mrs. Helen Sanborn, a niece, residing at Jenny Lind, Calaveras County, California. 4. William James of Grogan, Minnesota, a son of Amy Tyrer, niece of descendent. 5. William Bennett, a nephew, residing at Dodgeville, Wisconsin. 6. Mary A. Thomas, a niece, residing at Fresno, California. 7. Mary A. Dunn, daughter of Alice Bennett, a niece of decedent, residing at Mineral Point, Wisconsin. 8. Elinor Haas, a niece of decedent, residing at Withee, Clark County, Wisconsin. 9. Sarah Parkinson, a niece, residing at Cowando, New York. 10. Smith M. Tyrer, a nephew, residing at Pontiac, Michigan. 11. Ernest Tyrer, a nephew, residing at Pontiac, Michigan. 12. Isabella Tyrer, a half-sister of deceased, residing at Watertown, South Dakota. 13. Robert Tyrer, a half-brother, residing in the County of Mower, Minnesota. 14. ELISHA TYRER, a half-brother, residing at Dodgeville, Wisconsin. VIII. That the residue of said property, to wit: the said sum of $5,788.67 being all the cash in the hands of said administratrix, is separate property, said deceased being unmarried at the time of his death, and that the above- named heirs-at-law of said decedent are entitled to have the same given to them in the following proportions: To Oscar Tyrer, Alvin, Mrs. Helen Sanborn, and William James, each a 1/28 of the said estate, amounting to the sum of $206.70; To William Bennett, Mary J. Thomas, and Mary Dunn, each a 1/21 of the said estate, amounting to the sum of $275.65; To Elinor Haas, a 1/7 of the said estate, amounting to the sum of $826.95; To Sarah Parkinson, Smith H. Tyrer and Ernest J. Tyrer, a 1/21 of the said estate, amounting to the sum of $275.65; To Isabella Farragher, a 1/7 of the said estate, amounting to the sum of $826.95; To Robert Tyrer, a 1/7 of the said estate, amounting to $826.95; To ELISHA TYRER, a 1/7 of the said estate, amounting to the sum of $826.95. It is therefore ordered, adjudged and decreed that all of the residue of the said estate hereinbefore particularly described, and any other property not now know or discovered, or which may hereafter be discovered and wheresoever the same may be situated, which 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: To Oscar Tyrer, Alvin Tyrer, Mrs. Helen Sanborn, and William James, each a 1/28 of the said estate, amounting to the sum of $206.70; To William Bennett, Mary A. Thomas and Mary Dunn, each a 1/21 of the estate, amounting to the sum of $275.65; To Elinor Haas, a 1/7 of the said estate, amounting to the sum of $826.95’ To Sarah Parkinson, Smith M. Tyrer and Ernest J. Tyrer, a 1/21 of the said estate, amounting to the sum of $275.65; To Isabella Farragher, a 1/7 of the said estate, amounting to the sum of $826,95; To Robert Tyrer, a 1/7 of the said estate, amounting to the sum of $826.95; To ELISHA TYRER, a 1/7 of the said estate, amounting to the sum of $826.95. Done in open court, this 8th day of January 1912. A. I. McSorley, Judge of the Superior Court of the County of Calaveras, state of California File at: http://files.usgwarchives.net/wi/iowa/wills/tyrer27gwl.txt This file has been created by a form at http://www.genrecords.org/wifiles/ File size: 43.5 Kb