Transcribed Estate of Michael Kelly
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Location: Johnson, Kansas, United States
Surnames/tags: Kelley Kelly
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Summary
Letters Testamentary, And Bonds Volume 5
The State of Kansas, Johnson County,
The State of Kansas: To all to Whom these Presents shall Come--Greeting: Know Ye, That James Kelley et al. heirs of the estate of Michael Kelley deceased thereof: To the end, therefore, that the property may be preserved for those who shall appear to have a legal right or interest in the same, we do hereby authorize the said James Kelley as such administrator set to collect and secure all and singular the goods, chattels, rights and credits which were of the said Michael Kelley at the time of his death, in whosoever hands or possession the same may be found, and to perform and fulfill all such duties as may be enjoined upon him, so far as there shall be property, and in general to do and perform all other acts which are now or hereafter may be required of him by law.
In Testimony WHereof, I James Hammond, Judge of the Probate Court in and for the County of Johnson aforesaid have hereunto subscribed my name, and affixed the seal of said court, at office, this 17 day of March, A.D. 1897. James Hammond, Probate Judge.
Know all Men by these Presents: That we, James Kelley as Principal, and Catherine Kelley and J. L. Pettyjohn and Matt Fanning, as Securities, do owe and are indebted unto the State of Kansas in the penal sum of Four Thousand DOLLARS, lawful money of the United States, for the faithful payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Signed, sealed and dated this 17th day of March, A.D. 1897.
The condition of the above Bond is, that if James Kelley Administrator of the Estate of [Michael Kelley] shall make and return into Court, on oath, within sixty days, a true inventory of all the moneys, goods, chattels, rights and credits of the testator, which are by law to be administered, and have come to his possession or knowledge, and also of the real estate of the deceased, and administer according to law, and to the will of the testator, all goods, chattels, rights and credits, and the proceeds of all the real estate that may be sold for the payment of his debts or legacies, which shall at any time come to the possession of the administrator, or to the possession of any other person for him, and render upon oath a just and true account of his administration annually, and at any other times when required by the court or the law, and failing so to do for thirty days after he shall have been notified of the expiration of the time, by the Probate Court, he shall receive no allowance for services, unless the court shall enter upon the journal that such delay was reasonable and necessary, then the above Bond to be void; otherwise to remain in full force. James Kelley; Catherine Kelley; J. L. Pettyjohn; Matt Fanning
The above Bond duly acknowledged before me and Securities thereto approved by me, this 17th day of March, A.D. 1897. James hammond, Probate Judge.
Inventory and Appraisement Volume 5
State of Kansas, Johnson County, In the Matter of the Estate of Michael Kelly deceased. Estimate and Appraisement of the Personal Property and Effects of said Estate Michael's personal property was valued at $1712, $300 of which was set aside for his widow.
I, THE UNDERSIGNED, do solemnly swear that I am the above named Administrator of the estate and effects of James Kelley, Executor of the last will and testament of Michael Kelley, 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. James Kelley, Administrator.
Subscribed and sworn to before me this 24th day of March A.D. 1897, James Hammond, Probate Judge.
Indorsement
In the Matter of the Estate of Michael Kelley deceased. Inventory, Appraisement and Allowance of Personal Property of Decedent. Returned and filed this 24th day of March 1897, and recorded in volume 5 page 11, James Hammond, Probate Judge Appraisers' fees $1.50, $1.50, $1.50. Total $4.50.
Appointment of Appraisers
The State of Kansas to Matt Fanning, John Phelps, and Henry Klassman. You are hereby appointed to appraise, on oath, the personal estate and effects comprised in the inventory of the estate of Michael Kelley deceased, at such time and place as may be designated by the administrator of said estate.
Witness my hand and official seal at Olathe in said County, this 24th day of March 1897, James Hammond, 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 Michael Kelley 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.
Subscribed and sworn to before me this 24th day of March 1897, James Hammond, Probate Judge.
Matt Fanning; J. H. Klassman; J. C. Phelps - Appraisers
I HEREBY CERTIFY the foregoing to be a full, true, complete and perfect copy of the original Inventory, Appraisement and Allowance of Personal Property, etc., in the above matter, together with all indorsements thereon, and as returned and filed in my office. James Hammond, Probate Judge.
Johnson County, Kansas Probate Journal
March 1897 Term - Pages 37-38
State of Kansas Johnson County
The State of Kansas, to all to whom these presents shall concern. Greeting:
Know ye, that whereas Michael Kelley late of the county of Johnson, died intestate as it is said, having 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 appoint James kelley administrator of all and singular, the goods and chattels, rights and credits, which were of the said Michael Kelley at the time of his death, with full power and authority to secure and dispose of said property, according to law, and collect all moneys due said deceased, and in general to do and perform all other acts and things which are now, or hereafter may be, required by law.
In testimony whereof, I, James Hammond Judge of the Probate Court in and for the county of Johnson aforesaid, have hereunto signed my name and affixed the seal of said court, at my office, this 17th day of March 1897. James Hammond, Probate Judge.
State of Kansas County of Johnon In the Probate Court of said County. In the matter of the estate of Michael Kelley deceased.
Now comes Catherine Kelley and represents that Michael Kelley, late of the county of Johnson, on the 28th day of February, 1897 died, as your petitioner verily believes, having no last will and testament. That said deceased had, at the time of his death, personal property in this State of the probable value of Two Thousand dollars, which may be lost, destroyed or diminished in value, if speedy care be not taken of the same; that said deceased left the following heirs, viz: Catherine Kelley his widow; James Kelley his son aged 37 years; Lizzie Kelley his daughter aged 35 years; Mary P. Phillips his daughter aged 33 years; John Kelley his son aged 31 years; Philip Kelley his son aged 29 years; Annie Swift his daughter aged 27 years; Peter Kelley his son aged 25 years; Lena Bumgardner his daughter aged 23 years; Michael F. Kelley his son aged 21 years; William L. Kelley his son aged 19 years; Agnes Kelley his daughter aged 15 years.
To the end, therefore, that said property may be collected and disposed of according to law, your petitioner hereby and prays that Letters of Administration may be granted on the Estate of said deceased, and that James Kelley may be appointed such administrator. Catherine Kelley
Subscribed to and sworn to before me, this 17 day of March AD 1897. James Hammond, Probate Judge
March 1897 Term - Pages 41-44
Allowance of Claim -
And now comes on this 24 day of March 1897, being the 23 day of the March term of the Probate Court held within and for Johnson County Kansas, comes James Kelley administrator of the estate of Michael Kelley deceased and waives deruise? of notice of the presentation in claim of Duffy and Kean to the Court for allowance, and consents that the same be presented at any time. And it appearing that the said demand for $73 against the estate of Michael Kelly deceased and the same is placed in the 1st class of claims. Duffy and Kean, amount of claim $73.00.
It is therefore now considered ordered and adjudged by the Court that the sum set opposite the aforesaid name and certificate is allowed and the Administrator is ordered to pay the same in the 1st class of claims. James Hammond, Probate Judge.
Cancelled because made before date of hearing claim.
Report of Inventory Now comes James Kelley, Administrator of the estate of Michael Kelley deceased, and files his Report Inventory of Appraisement of person property, and hte same approved by the Court. James Hammond, Probate Judge Inventory Recorded in Book 5 Page 11
Petition for Sale of Personal Property - Now comes James Kelley Administrator of the estate of Michael Kelley deceased and shows to the Court that there is a large amount of personal property belonging to said estate and it will be to the interest of said estate to have the same sold, and the said Administrator therefore prays an order of said Court to sell said personal property at public sale as required by law. Ogg and Scott, Attys for Admin.
Order to Sell Personal Property at Public Sale - It appeasing to the Court that the interest of the above estate requires that the administrator of said estate sell the personal property thereof at public sale. It is hereby ordered by the Court that said administrator sell the goods and chattels belonging to said estate at public sale and that the report of the sale of said goods and chattels as required by law be made to the Court herein by the said Administrator of said estate.
Given under my hand this 29 day of March 1897. James Hammond, Probate Judge
May 1897 Term - Page 63
Petition to Sell Personal Property - Your petitioner, James Kelley, administrator of the estate of Michael Kelley deceased would respectfully show to your honor that he has in his possession belonging to the estate of Michael Kelly deceased about 380 bushels of wheat which were not sold at the public sale held on the 15 day of April 1897, and your petitioner would ask for an order allowing and permitting him to sell said wheat at private sale for cash at the market price, as it is necessary to sell the said wheat, said wheat to be sold at once. James Kelley.
The Court finds that the foregoing petition is reasonable and true, and that it is necessary to sell said wheat. It is therefore ordered that said wheat be sold at private sale by said executor and that the terms be cash at the market price.
Said petition subscribed and sworn to before me this 8 day of May 1897. James Hammond, Probate Judge
June 1897 Term - Page 80
Application for Partial Distribution - Now comes John Kelley, with his Atty H. S. Burgis and files his application for partial distribution and the same. James Hammond, Probate Judge.
June 1897 Term - Page 85
Application for Order for Partial Distribution - Now comes john Kelly for himself and the other heirs of said estate and represents and shows to the court, that he is one of the heirs at law of Michael Kelly deceased; that letters of administration have been granted to James Kelly on said estate; that there is now in the hands of said administrator or should be, in cash after paying all debts due from said Michael Kelly at the date of his death including the expenses of his last illness and funeral expenses the sum of seven hundred dollars that said James Kelly administrator has paid out of said money the sum of sixty five dollars to Catherine Kelly the widow of said Michael Kelly deceased; that there are no other debts due from said Michael Kelly deceased except the debts which have been paid by said administrator and have been filed in the matter of the administration of said estate in this court; that there will be a large surplus of money and promissory notes the proceeds of the sale of the personal property of said deceased by said administrator after the payment of all debts and expenses of the administration of said estate.
Wherefore, the said John Kelly for him self and the other heirs of said Michael Kelly deceased would most respectfully pray that said court make an order that said James Kelly make partial distribution of the money now in his hands, belonging to said estate and that said court fix the amounts of said partial distribution so to be made to the heirs of said Michael Kelly deceased and order that said administrator pay said several amounts to the parties entitled thereto as provided for by law. John Kelly.
John Kelly being first duly sworn says that the allegations in the above and foregoing application are true as he verily believes.
Subscribed and sworn to before me this 4th day of June 1897. James Hammond, Probate Judge.
January 1898 Term - Page 184
Application for Partial Distribution - Now comes John Kelley an heir of said estate and files "Application for Partial Distribution" and the same set for hearing January 20th 1898 at 10am. James Hammond, Probate Judge.
January 1898 Term - Page 193
Hearing Application for Order for Partial Distribution - Now on this 20th day of January 1898 being the 17th day of the Probate Court held within and for Johnson County Kansas, comes on for hearing the Application of John Kelley and others for partial distribution, therefore came said John kelley with his Atty H. L. Burgess. Also came James Kelley, Administrator of said estate with his Atty Ogg and Scott. Arguments by said Attys for and against said distribution. Evidence being introduced by both sides, and thereupon when the evidence given by administrator of the status of the estate. Atty for plaintiffs, withdrew said application, agreeing to await the annual or yearly settlement for distribution. James Hammond, Probate Judge.
March 1898 Term - Page 219
Proof of Publication- Now comes W. S. Wilkerson of The Olathe Tribune and files his proof of publication, and charges $2.00. James Hammond Probate Judge
April 1898 Term - Pages 232-233
Final Settlement - Now on this 4th day of April 1898 being the 3rd day of the April term of the Probate Court held within and for Johnson County Kansas, comes on for hearing the final settlement as Administrator of said estate, and files his statement of his acct of administration of said estate. And he charges himself $1853.28 and asks credit for $1853.28. The Court after carefully asessing? the account, decides that is correct.
It is therefore considered, ordered and adjudged that said acct is just and true, and correct and it is hereby approved by the court. James Hammond Probate Judge.
Order of Final Discharge of Administrator - On this 4th day of April 1898 appeared James Kelly Administrator of the estate of Michael Kelly deceased, and presented to the Court an application for an order of this Court finally discharging him and his securities 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 matter.
It is therefore now by the court duly considered, ordered and adjudged, that said James Kelly and the securities 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. James Hammond, Probate Judge.
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