Sections Probate Act. Estate of William H. Palmer, deceased, To Nicholas Luning, Dr. To amount of principal sum expressed in a certain promissory note made by decedent, William H. Palmer, on the 26th August, 1856, by which he promised to pay to said Nicholas Luning, the sum of forty thousand dollars, with interest, until paid, at the rate of two and a half per cent per month, which said note is in the words and figures, following, to wit: $40,000. San Francisco, August 26, 1856. "Twelve months after date, without grace, I promise to pay to Nicholas Luning, or order, forty thousand dollars, with interest, at the rate of two and a half per "cent per month, payable monthly, in advance, for value received, negotiable and 'payable at the office of said Nicholas Luning, in the city of San Francisco." WM. H. PALMER." Which said note was secured to be paid by a mortgage, made by said decedent to said Luning, of the date of said note, executed in due form of law by which was conveyed to said Luning, the following mentioned property, to wit: 1st. A lot of ground in the city of San Francisco, south side of Jackson street, between Drum and Eastern front of the city, extending to Oregon street. 2d. Water lots Nos. 457, 458, 463, 464, and 465, in said city. 3d. Hundred vara lot No. 145, in said city. All of which, will more fully and at large appear by reference to said mortgage, recorded in the Recorder's Office of San Francisco county, in Liber 31 of mortgages at page 695. Claim, $40,000-interest being paid to 26th August, 1857. State of California, City and County of San Francisco, ss. Nicholas Luning, being duly sworn, deposes and says, that the foregoing claim against the estate of William H. Palmer, deceased, is justly due, and owing to deponent, that no payments have been made thereon, except only the interest, which has been fully paid up to 26th August, 1857, and that there are no offsets to the principal sum of said claim to the knowledge of deponent. NICHOLAS LUNING. Subscribed and sworn to before me this 26th day of Aug. 1857. This claim being proved to the satisfaction of the undersigned administrator, and being known by the undersigned to be correct, it is hereby endorsed, "allowed," and admitted as a just claim against the estate of William H. Palmer, deceased. JOSEPH C. PAlmer, Administrator of estate of W. H. Palmer. Allowed and approved, this 14th September, 1857. T. W. FREELON, County Judge State of California, City and County of San Francisco, ss. I, William Duer, county clerk of the city and county of San Francisco, State of California, and ex officio clerk of the Probate court thereof, do hereby certify the foregoing to be a true copy of the original delivered to the said Luning in accordance with the annexed order of this court, this day, made and filed in said court. Witness my hand and the seal of said court, this 14th day of December, A. D., 1857. WILLIAM DUER, Clerk, D. P. BELKNAP, Deputy Clerk. Received, San Francisco, Dec. 14th, 1857. of the clerk of the probate court, in accordance with the order of the court hereto annexed, the original paper of which the foregoing is a certified copy. N. LUNING. NO. 777. CREDITOR'S CLAIM. (§ 131.) In the Matter of the Estate of Jabez Coit, Deceased. Letters of administration upon the above named estate having been granted to J. H. Fish, the undersigned presents his claim against said estate with the necessary vouchers to said J. H. Fish, administrator, for approval, as follows, to wit: Estate of Jabez Coit, Sections $500 00 50 00 250 00 To Robert C. Johnson, Dr. To cash loaned, May 1, 1856, To agreed price of horse, sold and delivered March 6th, 1857, State of California, City and County of San Francisco, ss. Robert C. Johnson, whose foregoing claim is herewith presented to the administrator of said estate, being duly sworn says that the amount thereof, to wit, the sum of eight hundred dollars, with interest as above set forth, is justly due to this claimant. [See Errata.] ROBERT C. JOHNSON. Subscribed and sworn to before me, May 25th, A. D. 1858. J. F. BOWMAN, Deputy Clerk. § 131. [Indorsement upon this claim.] The within claim is allowed and approved for $500, with interest as claimed, and $250 for the horse. The item of $50 is without voucher or proof, is barred by the § 135. statute of limitations and is rejected. § 132. $139. May 25th, 1858. J. H. FISH, Administrator. Allowed and approved this 27th day of May, 1858, for all but the item of $50, § 132. which latter is rejected. M. C. BLAKE, Probate Judge. $139. NO: 78. (§ 142.) CONSENT BETWEEN ADMINISTRATOR AND A CLAIMANT TO REFER. [In the Matter of, etc.] The claim of A. D. against the estate of B. C. deceased, for the sum of $500, alleged to be due to the said A. D. for money lent and advanced by him to deceased § 131. in his life time, having been presented to E. F., the administrator of said estate, verified in due form of law, and the said administrator having reason to doubt the correctness thereof, the same being unaccompanied by any voucher and not appearing upon the books of said deceased, and having therefore endorsed thereon his rejection of the same, it is hereby agreed to refer the matter to J. T. Boyd, Esq., a disinterested person, to hear and determine the said claim and report thereon to the District court, provided the appointment of said J. T. Boyd be approved by the probate judge. The appointment within, of J. T. Boyd, Esq., referee is approved. NO. 79. RULE OF SUCH REFERENCE TO BE ENTERED IN DISTRICT COURT. ( 142 ) In the District Court of the 4th Judicial District of the State of California. On Filing the agreement of E. F., administrator of the above named estate, and of A. D., who makes claim against said estate for the sum of $500, agreeing to refer said claim to J. T. Boyd, Esq., and on filing said claim, and the approval of the probate judge of this county, approving the appointment of said J. T. Boyd, as referee, the said claim is hereby referred to said J. T. Boyd, to hear and determine the same and make report thereon to this court. ORDER TO SHOW CAUSE AGAINST REVOCATION OF LETTERS ON FAILURE [Title, etc.] It appearing to this court by the records thereof, that A. B., was duly appointed administrator of the estate of C. D., deceased, by the order of this court, etc., and that letters of administration were duly issued to him, and that he duly qualified, and became such administrator by taking the oath required by law and by filing a proper bond in accordance with the order of, and duly approved by, this court upon the same day, and that on said last mentioned day, an order was made by this court that the said A. B., administrator, publish at least once a week for the period of four weeks, in the San Francisco Herald, a newspaper published in the city and county of San Francisco, a notice to the creditors of deceased for the presentation of their claims against said deceased to said administrator, within ten months; and it further appearing to this court that two months have elapsed since said appointment and qualification as such administrator and the making of said order; and it further appearing by the affidavit of K. L., duly filed in this court, that said administrator has failed to publish said notice; it is therefore hereby ordered, that the said administrator show cause before this court, at etc,, on etc., why his letters of administration should not be revoked. M. N., Probate Judge. NO. 81. PETITION FOR SALE OF PERSONAL PROPERTY. (§ 150.) [Title, etc.] To the Honorable Probate Court, etc. The petition of A. B., administrator, respectfully showeth, that there are claims $150. against the estate of said deceased which have been duly presented and allowed by petitioner and this Honorable Court, amounting to the sum of $1,000; that no money has come to the hands of your petitioner, except the sum of $250, wbich has been paid out in the necessary expenses of administration, including the funeral expenses of deceased, and that for the payment of said claims and the further expenses of administration it becomes necessary to sell the personal property of said estate; that the said personal property is fully set forth in the inventory on file, to which reference is made. Wherefore your petitioner prays for an order of sale, etc. A. B. Administrator. NO. 82. § 150. [Title, etc.] ORDER OF SALE OF PERSONAL PROPERTY. (§151.) An application having been made to this court by the petition of A. B., the executor, duly verified and filed herein, for the sale of the personal property of said estate, for the purpose of [state the object, §150] and due notice of the hearing of said application and of the time and place thereof having been given by [state by posting or advertising, and the particulars thereof, if posting ten days, if advertising five days] and proof thereof being made to the satisfaction of this court and filed herein, and the same now coming on to be heard, in accordance with said notice, and said applicant appearing in person and J. M. appearing in opposition, being a 151. legatee and claiming under the bequest of the deceased a portion of the personal 180. property of said estate, being two horses, mentioned and described in the inventory on file, and after a full hearing of the matter it appearing to this court that a sale of the personal property of said estate is necessary for [here state the object, $150]: It is hereby ordered that such sale be made by public auction at the house of said deceased, where said property is now present, and that notice of said sale, specifying the time and place thereof, be given by publication in the a news Sections Act. paper published in the city and county of San Francisco, for ten days immediately Probate previous to such sale; And it is further ordered that the said property so bequeathed to J. M. be reserved from sale until the residue of the personal [and real, § 180] property has been applied to the payment of the debts of the deceased. M. N., Probate Judge. NO. 83. REPORT OF PRIVATE SALES OF PERSONAL PROPERTY. (§ 152, see § 192.) In the Matter of the Estate of James H. Wingate, Deceased. } City and County of San Francisco. Report of Administratrix sale of personal property. In pursuance of an order of said court, made on the fifth day of October, A. D. 1857, authorizing said administratrix to sell a horse at private sale, and also of an order made on the second day of November, A. D. 1857, authorizing said administratrix to sell all the personal property at private sale, not set apart for the use of the administratrix, as surviving widow of said deceased, the said administratrix hereby reports: That she has sold the said horse for the sum of $150, being the highest price she was able to obtain therefor, and as she is advised the full value thereof; also that she has sold the wooden buildings situated on land at the southeast corner of Clay and Stockton streets, in said city of San Francisco, being 61 feet on Stockton street by 34 feet on Clay street, to Geo. B. Moore, for the sum of $700, which she is advised is the full value of said buildings; and $100, or thereabouts, more than the same were valued at by the appraisers of said estate, said buildings being on leased land and no other person offering a greater sum therefor. Wherefore the said administratrix prays that said sales may be approved by the NO. 84. ORDER CONFIRMING REPORT OF ADMINISTRATRIX. (§ 152.) In the Matter of the Estate of James H. Wingate, Deceased. } In the Probate Court of the City and County of San Francisco. Order confirming report of administratrix. On reading and filing the report of Helena Wingate, administratrix of the estate of James H. Wingate, of the sale of personal property, and the affidavit of Clinton P. Scovill, showing that said administratrix has obtained the full value of the property mentioned in the said report and it appearing to the court that the consideration has been paid to said administratrix : It is hereby ordered, that the sale of the horse and buildings in said report mentioned be approved, and said sales are hereby confirmed, no objections having been made thereto, to wit: one horse and the wooden tenements at the southeast corner of Stockton and Clay streets, in San Francisco, being 61 feet on Stockton street and 34 feet on Clay street in San Francisco. T. W. FREELON, County Judge. NO. 85. PETITION FOR SALE OF PERSONAL PROPERTY. (§ 149, 150.) To the Hon. Thos. W. Freelon, Judge of the Probate Court of San Francisco County. Act. was by an order of your honorable court, made on the 11th day of December, A. D., 1854, appointed administratrix of the estate of her late husband, Jacob Arnold, deceased. That she has returned to your honorable court, an inventory of the estate of said deceased, that the whole of said estate amounts, as appears by said inventory to the sum of eight hundred and thirty dollars, that the whole of the property is personal, and of a perishable nature, that your petitioner has two children, the issue of her marriage with the said deceased, and that she has no property, save her interest in said estate, and no other means, of support. Wherefore, she prays that an order may be made authorizing her to sell by public auction the property of her said deceased husband, as shown by said inventory, to consist of the undivided one half interest in the building called "the San Francisco Baths," and the furniture and fixtures thereof. The same being necessary to pay the expenses of administration, and for the support of herself and family. JULIA ANN ARNOLD. January 23d, 1855. County of San Francisco, ss. Julia Ann Arnold, being duly sworn, deposeth and saith, that she has heard read the foregoing petition, and knows the contents thereof; that the same is true of her own knowledge and belief. Sworn before me this 23d day of January, 1857. DENIS LYONS, deputy county clerk. JULIA ANN ARNOLD. [For PROOF OF POSTING, NOTICE OF HEARING, (§ 150,) see form No. 17, ante.] NO. 86. ORDER OF SALE PERSONAL PROPERTY. (§ 151.) In the Matter of the Estate of Jacob Arnold, Deceased. In Probate Court. On reading the petition of Julia Ann Arnold, administratrix of the estate of said deceased, heretofore filed in this court, proof being made of the posting of notices of the day set for hearing the same, and it appearing upon full examination that a sale of the personal property of the deceased, is necessary, for the payment of the expenses of administration and the just claims against the estate and as well for the support of the family of the deceased. It is by the court ordered, that the said Julia Ann Arnold. Administratrix as aforesaid be, and she is hereby authorized to sell by public auction, on the premises, to the highest bidder for cash, the interest of the said Jacob Arnold, deceased, in the "San Francisco Baths," consisting as appears by the inventory on file, of the one half of the building, bathing apparatus, furniture, steam engine, fixtures, etc. T. W. FREELON, County Judge. Dated, San Francisco, Jan. 29, 1854. - NO. 87. ORDER OF CONFIRMATION OF SALE OF PERSONAL PROPERTY. (§ 152.) of Jacob Arnold, Deceased. In Probate Court, City and County of San Francisco. On hearing the report of Julia Ann Arnold, administratrix of the estate of Jacob Arnold deceased, this day made to the court, of the sale of the personal property of said deceased, and the affidavits accompanying such report, and examination being made by the court of the value of the property of the said deceased, so sold by said administratrix, and it appearing to the court that said property on said sale realized its full value, and that a greater sum could not be obtained therefor: It is by the court ordered and decreed, that the report of sale, as made by said Julia Ann Arnold, administratrix of the estate of Jacob Arnold deceased, of the personal property of said deceased, be and hereby is confirmed and allowed, and that |