NOTICE OF HEARING, TO BE POSTED. (§ 251, 253.) State of California, In Probate Court. Notice is hereby given, that Alonzo Hill, deceased, having filed in this court his petition, praying that his share of the estate of said deceased, of which estate Robert C. Rogers is administrator, be given to him upon his giving to said administrator a bond of indemnity as provided by law; the hearing of the same has been fixed by said court for Monday, the 25th day of January, 1858, at eleven o'clock, in the forenoon of said day of the January term of 1858, at the court room thereof at the city hall, in the city and county of San Francisco, and all persons interested in said estate are notified then and there to appear and show cause if any they have, why the said petition should not be granted. San Francisco, January 11th, 1858. [Proof of posting as in No. 17, ante.] WILLIAM DUER, Clerk. NO. 171. DECREE ALLOWING SUCH DISTRIBUTION. (§ 250 to 256.) In the Matter of the Estate of Alonzo Hill, Deceased. In the Probate Court, of the City and County of San Francisco. This cause having come on for a hearing on the twenty-fifth day of January, A. D., 1858, before the probate court of the city and county of San Francisco, upon the petition of Washington Hill, claiming to be the sole heir at law of the said Alonzo Hill, deceased, and praying that a distribution be made of the whole of the property and funds belonging to the said estate, remaining in the hands of the administrator thereon, after payment of the costs and expenses of administration, and that the same should be delivered over to him, the said sole heir at law, and the said hearing on the said matter, having on the said 25th day of January been continued by the said court to the first day of February. A. D. 1858, and on the said first day of February, the said cause or matter having again come on for a hearing, and due proof to the satisfaction of the court having then been made of the service on the administrator, and posting of the notice in such cases required, according to law, commanding all persons interested in the said estate to be and appear in the said probate court on the said 25th day of January, then and there to show cause, if any they had, why the prayer of said petition should not be granted, and such distribution as prayed for, should not be made; and it appearing to the court that more than three terms of the said court have elapsed since the issuance of letters of administration on said estate, and before the making of the said application, and that upon the proof, the said petitioner, Washington Hill, is the sole heir at law of the said decedent, and that there are few or no debts due from the said estate, and that good cause exists for granting the prayer of the said petitioner, and no objection thereto having been made: Now, then it is hereby ordered, adjudged and decreed, that distribution of said estate be made, and that Robert C. Rogers, Esq., the administrator thereon, do transfer, set over and deliver unto the said Washington Hill, all the property and funds belonging to the said estate, remaining in his hands, or under his control, after payment of the costs and expenses of administration on said estate, upon the execution and delivery to him of a bond of indemnity in the penal sum of eighteen hundred dollars, with two sufficient sureties to be approved by the judge of this court of probate, conditioned, that the said Washington Hill, shall, and will, whenever required, pay any debt or debts, which may be found legally due to any person or persons, from the said estate. Given in open court, at a regular term thereof, this first day of February, A. D., 1858. T. W. FREELON, County Judge. To the Honorable the Probate Court of the City and County of San Francisco. Your petitioner, William T. Hoffman, executor of the last will and testament of Henry A. Harrison, deceased, respectfully represents to this Honorable Court, that he has fully administered upon said estate and rendered his account of his administration, which has been duly audited, and the report of the auditor to whom the same was, has been this day duly confirmed by the order of this court. You petitioner further shows that it appears from said account and the auditor's report thereon, that there remains a surplus of said estate after paying the debts duly proved and allowed against said estate with the expenses of administration, the following real and personal estate, to wit: one lot on Sansome street, twentyeight feet front by one hundred and thirty-seven feet six inches in depth, westerly, with a wooden ware-house thereon, valued by the appraisers upon said estate at the sum of four thousand seven hundred dollars. ($4,700.) The cottage situate on Broadway street, and a lot upon which the same was erected, being thirty-four feet four inches and a quarter in front, on Broadway street by a depth of one hundred and thirty-seven feet six inches in depth, northerly, valued by the appraisers at the sum of two thousand and five hundred dollars, (2,500) which two several parcels of property are particularly set forth and described on the inventory (on file in this court) by metes and bounds. That there remains also seventy-eight shares of the stock of the Pacific Wharf Company, particularly described in said inventory, and valued by the appraisers on said estate at the sum of thirty-five hundred and ten dollars. (3,510.) Your petitioner further shows that he has paid all the debts of said estate which have been presented and allowed, and approved by this court, and that he has also paid the expenses of the administration of said estate as will appear by his said account and the auditor's report thereon, now on file in this court, and that he has also paid to Elizabeth S. Harrison, the widow of the deceased, the sum of towards the allowance granted by the order of this court for the support and maintenance of herself and children, during the administration upon said estate, and that there remains due to her under said allowance at this date, the further sum of for the payment of which, your petitioner has no funds of said estate, except the real and personal estate of said deceased herein before described. Your petitioner therefore prays, that an order may be made in the matter of the last will and testament of the said Henry A. Harrison, requiring all persons interested in said estate to be and appear before this honorable court upon a day therein to be set and limited, and show cause, if any they have, why an order of distribution should not be made of the residue of the estate between the widow and minor children of the deceased in accordance with the provisions of the will, to wit: one half to the widow of said deceased, Elizabeth S. Harrison, and the other half, equally between Henry A. Harrison and DeWitt Washington Harrison, minor children of said deceased; and that such order may be made in reference to the unpaid balance of the allowance to the widow as this court may deem just and right; that your petitioner, his final account being settled, may be released and discharged from all further responsibility in the premises, and that such other or further order may be made therein as to the court, shall seem meet. Wм. T. HOFFMAN. [Sworn to as in No. 35.] NO. 173. ORDER OF PUBLICATION ON SAME WITH PROOF OF PUBLICATION. In the Matter of the Estate of Henry A. Harrison Dec'd. In Probate Court, City and County of San Francisco. On reading and filing the petition of William T. Hoffman, executor of the last will and testament of Henry A. Harrison, deceased, setting forth that he has filed his Sections final account of his administration upon said estate in this court, and that the same has been duly audited, allowed and confirmed; and that all the debts and expenses of administration have been fully paid; and that a portion of said estate remains to be divided among the devisees, praying among other things for an order of distribution of the residue of said estate among the said devisees, in pursuance of the terms of the will. It is ordered, that all persons interested in the estate of the said Henry A. Harrison, deceased, be and appear before the probate court of the city and county of San Francisco, at the court room of said court, in the city hall, in the city and county of San Francisco, on the 19th day of April, A. D., 1858, at eleven o'clock, in the forenoon of that day, then and there to show cause why an order of distribution should not be made of the residue of said estate among the heirs and devisees of the said Henry A. Harrison, deceased, in pursuance of the provisions of the will. It is further ordered, that a copy of this order be published for four successive weeks before the said nineteenth day of April, 1858, in the "Daily Evening Bulletin," a newspaper printed and published in the city and county of San Francisco. T. W. FREELON, County Judge. (Indorsed :) Filed March 15th, 1858. D. P. BELKNAP, Deputy Clerk. State of California, City and County of San Francisco, ss. C. O. Gerberding, of the said county, duly sworn, deposes and says, that he is one of the proprietors of the "Daily Evening Bulletin," a newspaper published daily in said county, and has charge of all the advertisements in said newspaper, and that the notice in the matter of the last will and testament of Henry A. Harrison, deceased, hereto attached, has been published in the daily Evening Bulletin, from March 17th, 1858, to April 18, 1858, and further sayeth not. Sworn to this 19th day of April, 1858, before me. C. O. GERBerding. Whereas William T. Hoffman, Esq., executor of the lest will and testament of Henry A. Harrison, deceased, on the 15th day of March, A. D. 1858, filed his petition in this court setting forth that he had filed his final account of his administration upon said estate in this court and that the same had been duly audited, allowed and confirmed; and that all the debts and expenses of the administration had been fully paid, and that a portion of his said estate remained to be divided among the heirs and devisees of said estate, and praying among other things for an order of distribution of the residue of said estate among the said devisees in pursuance of the terms of the will, It was ordered by this court that all persons interested in the estate of the said Henry A. Harrison deceased, be and appear before the probate court of the city any county of San Francisco, at the court room of said court in the City Hall of the said city and county of San Francisco, on the 19th day of April, A. D. 1858, at eleven o'clock in the forenoon of that day, to show cause why an order of distribution should not be made of the residue of said estate among the heirs and devisees of the said Henry A. Harrison deceased, in pursuance of the provisions of the will; And it was further ordered by this court, that a copy of the said order be published for four successive weeks before the said 18th day of April, A. D. 1858, in the Daily Evening Bulletin, a newspaper printed and published in the city and county of San Francisco; Sections Act. And now on this 18th day of April, A. D. 1858, due legal proof having been made Probate to the satisfaction of this court of the publication of said order and notice in due and legal form; E. W. Taylor, Esq., the guardian ad litem, heretofore appointed by this court to appear for and represent and protect the interests of the absent minor heirs and devisees of said estate, appearing on their behalf; And it appearing from said final account and the auditor's report and order of confirmation thereon that there remains due to the widow of the deceased, Elizabeth S. Harrison, the sum of nine hundred and sixty-one 95-100 ($961 95) dollars of the amount allowed under the order of this court, for the support of herself and family pending the administration, for the payment of which the executor has no funds left in his hands and which is a lien and claim against the said residue of said estate; That after paying the expenses incurred since the settlement of his final account there remains in said estate to be distributed a balance of money amounting to the sum of fifty-nine 23-100 ($59 23) dollars; Also seventy-eight (78) shares of the capital stock of the Pacific Wharf Company, valued in the inventory at three thousand five hundred and ten ($3,510) dollars; Also the dwelling house and lot described in the inventory. [Here follows description of the property.] Appraised at the sum of twenty-five hundred dollars. And also that certain wooden store and lot situate on the westerly side of Sansome street, commencing, etc [Here follows description of property.] Appraised at the sum of four thousand seven hundred dollars. On motion of R. H. Waller, of counsel for the said executor; the said E. W. Taylor, Esq., guardian ad litem, of the said minor heirs and devisees being present and consenting thereto. It is ordered, adjudged and decreed, and this court, by virtue of the power and authority therein vested doth order, adjudge and decree, that the one equal undivided half of the said residue of the real and personal estate herein above described, be, and the same hereby is assigned, and set over to the said Elizabeth S. Harrison, widow of the said Henry A. Harrison, and one equal undivided quarter of the said residue of the said real and personal estate be, and the same hereby is assigned and set over to each of the said minor heirs and devisees of the said Henry A. Harrison, to wit: Henry Augustus Harrison and DeWitt Walsh Harrison; to have and to hold unto them respectively, and to their respective heirs and assigns forever, conformably to the provisions of said last will and testament of the deceased, subject however to the payment of the said sum of nine hundred and sixty-one 95 one hundredth dollars, due, and unpaid on said allowance; and that the said Elizabeth S. Harrison, the guardian of the said Henry Augustus Harrison and DeWitt Walsh Harrison, appointed by the said testator in and by his said last will and testament, have the custody of the persons of the said Henry Augustus Harrison and DeWitt Walsh Harrison, and of their share or interest in their said estate for the benefit of her said children. And it is further ordered, that the said William T. Hoffman, executor as aforesaid, pay over and deliver to the said Elizabeth S. Harrison or to her attorney, the said sum of fifty-nine dollars and twenty-three cents, and the said seventy-eight shares of the Capital Stock of the Pacific Wharf Company, together with the title deeds and papers remaining in his possession belonging to the said, estate, and that upon such payment and delivery, and upon the production by said executor of a receipt therefor from the said Elizabeth S. Harrison, or from her attorney, remitting the balance of said allowance, and for the payment of all her claims and demands against the said William T. Hoffman, as such executor, that then the said administration be closed, and the said executor be discharged from his executorship and from all further responsibility as executor of said estate. San Francisco, April 19th, 1858. M. C. BLAKE, L DECREE OF DISTRIBUTION, WITH ORDER OF CONTRIBUTION BY DE- In the Matter of the Estate of A. B., Deceased. At a Term of the Probate Court, held, etc., etc. [For preliminaries see preceding Form and Form No. 176, and conclude as follows:] And it further appearing to this court that after the settlement and allowance of the account of said executor there remains in his hands the sum of three thousand dollars, and there also remains the real estate hereinafter described, subject to distribution, And it further appearing that by the will of said deceased all his personal estate is bequeathed to C. D., E. F. and G. H., in equal portions, except as hereinafter stated, § 181. And it further appearing to this court that under and by the provisions of the said will the dwelling house of the deceased, with the lot of land upon which the same is situated, and the furniture therein were devised and bequeathed to C. D., and that in the course of administration it became necessary to sell said house and lot and said furniture to pay the debts of said deceased, and that such property was duly sold and the sale confirmed by the order of this court, and said property being ascertained by such sale to be of the value of ten thousand dollars, And it further appearing that all the remaining property of said estate that has not been appropriated to the payment of debts and the expenses of administration has been devised and bequeathed to E F. and G. H., and is worth, as appears by the report of H. J. Labatt, referee, duly filed herein and confirmed, the sum of $50,000, And it further appearing, that the said property so devised and bequeathed to said E. F. and G. H., consists of a certain tract of land in the county of Tehama, State of California, known as the rancho "Willy," and described as follows: [description] of the value of $10,000, and the cattle thereon valued at $10,000 and is taken by them jointly and in common, and said E. F. and G. H., nor either of them § 272. having made any request to have such property divided, And it further appearing to to this court that said E. F. does not reside in this • § 274. State and has no agent therein, and that it is necessary that some person should be authorized to take possession and eharge of the same, for the benefit of said E. F., Now therefore it is hereby ordered, adjudged and decreed, that distribution of $258. said estate be now made as follows: § 181. § 274. $275. 1. That said sum of three thousand dollars be distributed equally between said C D., E. F. and G. H., and that said executor pay to each the sum of one thousand dollars. 2. That said E. F. and G. H., being equally interested in the only remaining estate undisposed of, which is of the value of $50,000, and the property devised and bequeathed to said C. D. having been necessarily sold for the payment of the debts and expenses of the estate, make contribution according to their respective interests to the said C. D., which is one half from each; that the sum to be contributed to said C. D. is the sum of $8,333 33 1-3, which the said E. F. and G. H. are hereby decreed to pay to the said C. D., one half each. 3. That upon the payment of said sum by said E. F. and G. H. to said C. D., or in any other manner accounting to his satisfaction for the same, the said remaining portion of this estate, to wit, said rancho and the cattle thereon be distributed to and be decreed to be the property and estate of said E. F. and G. H. And it is further ordered that the said G. H. be appointed an agent to take possession and charge of said estate and property of said E. F., upon his giving a bond to the judge of probate of this county, in the sum of $5,000, to be approved by said judge, conditioned faithfully to manage and account for such estate, And it is further ordered, that upon filing in this court the proofs of performance by said executor and by said devisees E. F. and G. H., as hereinabove ordered, this § 279. decree shall take full effect and be declared to be completed and final, and said executor shall be held to be discharged from further liability. [Dated, etc.] M. N., Probate Judge. |