Probate Information for Kane County Residents

Probate Information for Jeremiah Phelan

Contributed by Source #1

Administrator in probate were brothers John and Patrick. Survivors included:

Robert and Mary Phealen (parents)
May, Margaret, Ellen Hollihen (sp) sisters
John, Patrick (brothers)

In the Kane County Court. In Probate, November Term A.D., 1872
STATE OF ILLINOIS,
COUNTY OF KANE

In the matter of the Estate of Jeremiah Phealen, deceased, Petiton of John Phealen, In the matter of the Estate of Jeremiah Phealen Deceased, for Letters of Administration, for the Hon., Willam __? Barry Judge of the County Court of Kane County, in the State of Illinois, the Petition of the undersigned John Phealen respectfully represents that Jeremiah Phealen, late of the County of Kane aforesaid, departed this life at Elgin in said County, on or about the 27th day of November A.D., 1872, leaving no last will and testament as far as petioner knows or believes.
And this Petition further shows that the said Jeremiah Phealen died seized and possessed of Real and Personal Estate existing chiefly of Horses and Wagon all of said personal estate being estimated to be worth about Two Hundred ($200.00 dollars). That said deceased left surviving him John Phealen, Patrick Phealen, Brother(s),and Ellen Hollehenm Margaret Phealen, Mary Phealen, his sisters, Robert Phealen his father and Mary Phealen his mother as heirs. That your petitioner (being the Brother of said deceased, and believe of the assets by virtue of his right under the Statute therefore pray that you honor will grant Letters of Administrations____? and with securities, as may be approved by your honor.

_____________________________
John Phealen (signature)

STATE OF ILLINOIS
KANE COUNTY
being duly sworn, deposes and says that the facts averred in the above Petition are true, according to the best of the knowledge, information and belief. Sworn to and subscribed before me, John Phealen (signature) endorsed: Filed Dec. 9th, A.D. 1872
Prayer granted Dec. 9th A.D. 1872
Frank P. Crandon, clerk of the county Court of Kane County this 9th day of November 1872. Frank P. Crandon (signature)
Attest: Frank P. Crandon, William D. Berryman(?)


Probate Information for RICHARD PHELAN

STATE OF ILLINOIS
COUNTY OF KANE

IN THE PROBATE COURT KANE COUNTY
In the Matter of the Estate of RICHARD PHELAN, deceased

The undersigned, The first national Bank of Elgin, Illinois, successor by consolidation with the Elgin City Banking Company of Elgin, Illinois, Administrator with the Will Annexed of the Estate of Richard Phelan, deceased would respectfully submit to the Court the following report of its acts and doings as such Administrator from September 17th, 1934, {financial information omitted}

The undersigned further reports that it duly qualified as such Administrator with the Will Annexed and has duly performed its duties as such Administrator, having collected all of the collectible assets of said estate and paid all of the outstanding claims against said estate, and nothing further remains to be done by it as such Administor.

The undersigned further reports that it has erected a suitable monument on the grave of this decedent, has paid to the priests of the Catholic parishes in the City of Elgin, Illinois the sum of $100.00 to be used for masses for the repose of the soul of this decedent, thereby having paid and executed all of the bequests provided in this decedent's last will and testament, including the payment of sufficient cash to cover the widow's award out of the corpus of the estate.

The undersigned further reports that it has turned over to the First National Bank, Elgin, Illinois, as Trustee, the balance of the cash on hand and the following securities: {financial information omitted}

It is orderd by Court that distribution of the funds of said estate as aforesaid, be, and same is, hereby approved and that said estate be declared closed and settled and that the undersigned be discharged as such Administrator, but the Court retains jurisdiction of The First National Bank of Elgin, Illinois, as Trustee of the said RICHARD PHELAN.


CERTIFICATE OF MAILING COPY OF WILL

STATE OF ILLINOIS
KANE COUNTY

In the matter of the probate of the last Will and testament of Richard Phelan, deceased, I BERT D. GALBRAITH, Clerk of the Probate Court of Kane County, in the State aforesaid, do hereby certify that on the 9th day of February, A.D., 1932 being within five days after the filing of the petition for Probate of said Last Will and Testament, and not less than twenty days prior to the hearing of said petitiion, I sent by mail, postage paid, a copy of the petition to;

EDWARD PHELAN, SR. AT 352 STANDISH ST, ELGIN, ILL
MARGARET PHELAN AT YOUGHAL, COUNTY CORK, IRELAND
NORA PHALAN AT YOUGHAL, COUNTRY CORK, IRELAND
JOHN PHELAN AT YOUGHLA, COUNTY CORK, IRELAND
EDWARD J. PHELAN AT 352 STANDISH ST., ELGIN, ILL
REV. F.J. BRUMMEL AT 573 DIVISION ST., ELGIN, ILL
REV. L.C. PRENDERGAST AT 573 STANDISH ST., ELGIN, ILL
REV. H.E. OUIMET AT 390 FULTON ST., ELGIN, ILL

Witness my hand and the seal of said court, this 9th day of February, A.D., 1932

RICHARD PHELAN PROBATE PART TWO

PROOF OF SERVICE OF NOTICE OF FINAL SETTLEMENT
STATE OF ILLINOIS
KANE COUNTY

Estate of RICHARD PHELAN, deceased

A.J. Wilkening, Assistant Trust Officer of the First National Bank of Elgin, Illinois, Successor by Consolidation with The Elgin City Banking Company of Elgin, Illinois, Administrator with the Will Annexed of said Estate being first duly sworn, deposes and sys, that on the 28th day of January A.D., 1936, he caused the notice of his application for a final settlement and discharge, of which the following is a true copy, to be served on:

CATHERINE PHELAN, 2334 N. Bissel St., Chicago, Illinois
MARGARET PHELAN, Youghal, County Cork, Ireland
NORA PHELAN, Youghal, County Cork, Ireland
JOHN PHELAN, Youghal, County Cork, Ireland
MARGARET PHELAN, 3644 Pine Grove Ave., Chicago, Illinois
KATHERINE SPITTLE, 5920 Kenmore Ave., Chicago, Illinois
MARY PHELAN, 352 Standish St., Elgin, Illinois
RICHARD L. PHELAN, 3644 Pine Grove Ave., Chicago, Illinois
WINNIFRED PHELAN, 352 Standish St., Elgin, Illinois

The said notices were either personally served on said parties or sent by mail, postage prepaid, to their address as above.

Subscribed and sworn to before me this 28th day of January, A.D., 1936
MARGARET HOME(?) (signature)
Notary Public

PETITIION FOR PROBATE OF WILL AND LETTERS OF ADMINISTRATION WITH WILL ANNEXED

Petition of CATHERINE PHELAN, in the mater of the Last Will and Testament of RICHARD PHELAN, deceased.

To the HON. HARRY C, DANIELS, Judge of the Probate Court of Kane County, in the State of Illinois:
The petition of the undersigned CATHERINE PHELAN, respectfully represents that RICHARD PHELAN, who was at the time of his death a resident of the County of Kane, State of Illinois, departed this life at Elgin, Illinois in Kane County, State of Illinois, on or about 17th day of January A.D., 1932, leaving a last Will and Testament, duly singed, published and attested as believed by your petitioner, and which by him is herewith presented to your Honor for probate. That said Will is subscribed by MARY K. HAUG and J.V. MCCARTHY as witnesses to the execution thereof.

That said Testator in his said last Will nominated and appointed Home Trust & Savings Bank Executor thereof, and that said Executor is unable to act because it is not doing business.
And this petition further shows that the said, RICHARD PHELAN, died seized and possess of real estate valued at about Five Thousand ($5000.00) dollars and Personal Property estimated to be worth about Fifteen Thousand ($15000.00) dollars. That said deceased left surviving him CATHERINE PHELAN, residing at Elgin, Ill, his widow and the following named person as his only heirs at law and legatees, and their respective places of residence, so far as is know, are as follows:

EDWARD PHELAN, SR., 352 Standish St., Elgin Ill
MARGARET PHELAN, Youghal, County Cork, Ireland
NORA PHELAN, Youghal, County Cork, Ireland
JOHN PHELAN, Youghal, County Cork, Ireland
EDWARD J. PHELAN, 352 Standish St., Elgin, Ill
REV. F.J. BRUMMEL, 272 Division St., Elgin, Ill
REV. L.C. PRENDERGAST, 573 Standish St., Elgin, Ill
REV. M.E. OUIMET, 390 Fulton St., Elgin, Ill

-------------------------------------------


STATE OF ILLINOIS
COUNTY OF KANE

IN THE PROBATE COURT OF KANE COUNTY, ILLINOIS

In the matter of the Estate of RICHARD PHELAN, deceased

PETITION

To the Honorable HARRY C. DANIELS, Judge of said court;

The undersigned, The First national bank of Elgin, Illinois by consolidation with the Elgin City Banking Company of Elgin, Illinois, Administrator with the Will Annexed of the Estate of RICHARD PHELAN, deceased, represents unto your Honor that amount the assets of said estate are three (3) One Thousand ($1000.00) Dollar notes signed by JAMES H. DRISCOLL and NELLIE E. DRISCOLL in Rutland Township, Kane County, Illinois, which notes are dated January 8th, 1924, due five (5) years after date with interest at the rate of 5 ½ per cent per annum, payable semi-annually.

Than no interest has been paid on said notes since January 8th, 1932, and the buildings on said farm are in a bad state of repair; MR. DRISCOLL has not been able to repair the buildings or pay interest because of crop failures for two years caused by hail and drought; that the Federal Land bank of St. Louis has agreed to loan MR. DRISCOLL Seven Thousand ($7000.00) dollars to retire his mortgage, and MR. DRISCOLL has offered to pay his note holders sixty (60%) per cent of the face of his notes in full.

That your petitioner believes that under present conditions it is for the best interest of said estate to accept sixty (60%) per cent of the face of these notes, which is the sum of Eighteen Hundred ($1800.00) Dollars , in full of these said notes.

Your petitioner therefore asks that an order be entered granting it leave to compromise said three (3) One Thousand ($1000.00) Dollar notes of JAMES H. DRISCOLL and NELIE E. DRISCOLL for sixty (60%) per cent of the face of said notes in cash.

PROOF OF HEIRSHIP

STATE OF ILLINOIS
KANE COUNTY

In the matter of the Estate of RICHARD PHELAN, deceased

EDWARD J. PHELAN, being first duly sworn in open Court on oath deposes as follows; My name is EDWARD JOHN PHELAN, my age is 35 years, I reside in Elgin, Illinois, and am a nephew of said decendent. Said RICHARD PHELAN was married once only and then to CATHERINE PHELAN, and of said only marriage no children were born. RICHARD PHELAN was the son of RICHARD PHELAN and MARGARET PHELAN, who were each married once only and then to each other.

Of said only marriage of RICHARD PHELAN and MARGARET PHELAN, the following children only were born: EDWARD PHELAN, MARGARET PHELAN, NORA PHELAN, JOHN PHELAN and RICHARD PHELAN, that RICHARD PHELAN and MARGARET PHELAN, never adopted any child or children.

I therefore say that said RICHARD PHELAN, died leaving CATHERINE PHELAN as his widow and leaving EDWARD PHELAN, MARGARET PHELAN, NORA PHELAN, and JOHN PHELAN, his brothers and sisters, his only heirs at law.
EDWARD JOHN PHELAN (signature)


PROBATE INFORMATION FOR THOMAS FRANCIS PHELAN

1864-1938

Contributed by Source #1

AFFIDAVIT OF DEATH

STATE OF ILLINOIS
Kane County

Lillian B. Thurnau, being duly sworn, deposeth and saith That Thomas F. Phelan, late of the City of Elgin, in the County of Kane and State aforesaid, departed this life at Elgin, Illinois, in said County, on or about the 9th day of April, A.D., 1938 and that he died leaving a last Will and Testament to the best of my knowledge and belief.

Lillian B. Thurnau (signature)

Subscribed and sworn to before me this 17th day of May A.D., 1938

Marguerite Home (signature)
Notary Public

PROOF OF HEIRSHIP


STATE OF ILLINOIS
KANE COUNTY
IN PROBATE COURT OF KANE COUNTY.

IN THE MATTER OF THE ESTATE OF:
Thomas F. Phelan, Deceased

Lillian B. Thurnau, being first duly sworn in open court on oath deposes as follows: My name is Lillian B. Thurnau, my age is legal years, I reside in Elgin, Illinois and am a daughter of said decedent. Said Thomas F. Phelan was married once only and then to Florence Phelan, who died many years prior to his death. Of said only marriage the following children only were born: Lillian B. Thurnau and Margaret H. Holze.
I therefore say that said Thomas F. Phelan died leaving no widow him surviving and leaving Lillian B. Thurnau and Margaret H. Holze as his only heirs at law.
Lillian B. Thurnau (signature)

PROOF OF WILL


STATE OF ILLINOIS
KANE COUNTY
IN THE PROBATE COURT OF KANE COUNTY

Personally appeared in open Court Mildred Andrews and J.V. McCarthy, subscribing witnesses to the annexed instrument of writing purporting to be the Last Will and Testament of Thomas F. Phelan late of said County, deceased, who being duly sworn according to law do depose and say each for herself and himself, that he and she were present and saw the said Thomas F. Phelan sign and seal said instrument of writing, as for his least Will and Testament, and that they at his request, and in his presence, and in the presence of each other, subscribed their names as attesting witnesses thereto, and that they believe that the said testator was of sound mind and memory, of lawful age and under no constraint when he signed the said Will.
Subscribed and sworn by said witness in open Court, this 17th day of May, A.D. 1938.
Mildred Andrews (signature)
J.V. McCarthy (signature)

PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY

PETITION OF Lillian B. Thurnau in the matter of the Last Will and Testament of Thomas F. Phelan, deceased, for Probate of Will and Letters Testamentary.

To the Hon. Harry C. Daniel's, judge of the Probate Court of Kane County, in the State of Illinois:
The petition of the undersigned, Lillian B. Thurnau, respectfully represents that Thomas F. Phelan who was at that time of his death a resident of the County of Kane, State of Illinois, departed this life at Elgin in Kane County, State of Illinois, on or about the 9th day of April, A.D. 1938, leaving a last Will and Testament, duly signed, published and attested, as believed by your petitioner, and which by her is herewith presented to your Honor for probate. That said Will is subscribed by Mildred Andrews and J.V. McCarthy.

That said Testator is his said last Will nominated and appointed Lillian B. Thurnau, your petitioner Executrix thereof and that your petitioner is willing and ready to accept and undertake the office and trust confided to her.
And this petition further shows that the said Thomas F. Phelan died seized and possessed of real estate, valued at about Four Thousand ($4,000.00) Dollars, and personal Property estimated to be worth about Seven Hundred and Fifty ($750.00) Dollars.
That said deceased left surviving him no widow and the following named person, as his only heirs at law and legatees, and their respective places of residence, so far as is known, are as follows:

Lillian B. Thurnau, 1108 Bellevue Ave., Elgin, Illinois
Margaret H. Holze, Hampshire, Illinois

In consideration whereof, and to the end that said Will may be proved, established and performed, your petitioner prays that the subscribing witnesses aforesaid may be summoned to be and appear before this county at the May Term thereon, then and there to testify in the matter of said Will, as it may please your Honor to direct; and that probate of said Will may be thereupon granted, and the same ordered for record.
And your petitioner further prays that it may please your Honor to grant her letters Testamentary of said last Will and testament, upon her taking the oath prescribed by the Statute and entering into bond in such sum and with such securities as may be approved by your honor.
Dated May 17, 1938
Lillian b. Thurnau (signature)

INVENTORY OF REAL AND PERSONAL PROPERTY

STATE OF ILLINOIS
KANE COUNTY

In the Matter of the Estate of Thomas F. Phelan, deceased,
The following is a full and perfect Inventory of all the Real and personal Estate of the said deceased, so far as the same has come to the possession or knowledge of the undersigned, Lillian B. Thurnau, Executrix of the Estate of Thomas F. Phelan, Deceased.

Real Estate
The North Fifty-four (54) feet of Lot Number Six (6) of Block Number Nine (9) of Riverside Park Addition to the City of Elgin, Kane County, Illinois, situated in the City of Elgin, Kane County, Illinois.
Title fee simple, believed to be perfect. $4,000.00

CHATTEL PROPERTY
Receiver's claim Home Trust & Savings Bank, Elgin, Illinois on which there is a balance due of $612.50

FINAL REPORT

IN THE MATTER OF THE ESTATE OF THOMAS F. PHELAN, deceased


Now comes Lillian B. Thurnau, Executrix of the Estate of Thomas F. Phelan, deceased, and respectfully represents unto the Court that she duly qualified as such Executrix and filed her bond herein as required by law; that she has duly collected all of the assists of said estate and paid all claims outstanding, and there is nothing further to be done therein.

The undersigned would further represent that she has paid the expense of the last illness and funeral of said decedent, the specific bequest to Margaret H. Holze of Five Hundred Dollars ($500.00) and all claims against said estate, including the costs of administration.

The undersigned would further represent that she has paid all cash on hand to Lillian B. Thurnau and has on hand the following:

Claim against Received of Home Trust and Savings Bank of Elgin, Illinois, for Six Hundred Twelve and 50/l00 Dollars ($612.50):
Which she has assigned and distributed in kind to Lillian b. Thurnau, residuary legatee of said decedent.

The undersigned would further report that she has duly performed her duties as such Executrix, having collected all of the assets and paid all of the outstanding claims, and that nothing further remains to be done by her as such Executrix.

WHEREFORE the undersigned respectfully asks that the above and foregoing report be approved that she has paid all claims and distributed all of said estate in her hands to Lillian B. Thurnau, residuary legatee.

IT IS THEREFORE ORDERED by the Court that due notice has been given to the heirs and all parties concerned of the filing of this report, and therefore the distribution of the funds of this estate be and the same is, hereby approved and that said estate be declared closed and settled and that the undersigned be discharged as such Executrix and her bond released.

Lillian B. Thurnau (signature)
Executrix of the Estate of Thomas F. Phelan, Deceased.

STATE OF ILLINOIS
COUNTY OF KANE

LILIAN B. THURNAU, being duly sworn on oath deposes and says that the foregoing report by her subscribed is true.
Lillian B. Thurnau (signature)

Subscribed and sworn to before me this 5th day of November A.D. 1940.
Marguerite Home, Notary Public


J.V. McCarthy
Attorney at Law
The Elgin Tower
Elgin, Illinois


AMANDA HOLZE PROBATE INFORMATION

Contributed by Source #1

PROOF OF HEIRSHIP

STATE OF ILLINOIS
KANE COUNTY
IN PROBATE COURT OF KANE COUNTY.

IN THE MATTER OF THE ESTATE OF:
AMANDA HOLZE, deceased

CHARLOTTE HOLZE PENTZ, being first duly sworn in open court on oath deposes as follows: she resides at 520 Center Street, Elgin, Illinois, is of lawful age and otherwise qualified; and is a daughter of said AMANDA HOLZE, who died on 18th of December 1949 at Elgin, Illinois. Said decendent was married once only and then to FRED HOLZE, who died June 18, 1939. Of said only marriage the following children only were born: MARTIN F. HOLZE, HARRY HOLZE, CHARLOTTE HOLZE PENTZ, this affiant.

Affiant further says that the said AMANDA HOLZE never adopted any child or children.

Affiant therefore says that said AMANDA HOLZE, died leaving no husband and leaving MARTIN F. HOLZE, HARRY HOLZE and CHARLOTTE HOLZE PENTZ, her children, as her only hears at law.

Subscribed and sworn to before me this 31st day of January 1950.

CHARLOTTE HOLZE PENTZ (signature)


PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY

STATE OF ILLINOIS
CONTY OF KANE

In the matter of the Estate of AMANDA HOLZE, deceased

To the Honorable Harry C. Daniels, Judge of said Count:

Your petitioner, CHARLOTTE HOLZE PENTZ respectfully states;

1. That AMANDA HOLZE, a resident of Elgin in the County of Kane, and State of Illinois, leaving a will duly signed and attested, which your petitioner now presents to your Honor for probate.

2. That the approximate value of the real and personal estate of the testor in this State is as follows:

Personal estate not to exceed in value $none.
Real estate not to exceed in value $5,000.00.

3. That the names and post office addresses of the testor's heirs, devisees and legatees are as follows:

MARTIN F. HOLZE Devisee, Adult, Hampshire, Illinois
HARRY HOLZE, Devisee, Adult, Hampshire, Illinois
CHARLOTTE HOLZE PENTZ, Devisee, Adult, 520 Center Street, Elgin, Ill.

4. That testor by said will nominated as executor,
CHARLOTTE HOLZE PENTZ, 520 Center St., Elgin, Illinois.

5. Wherefore your petitioner prays that said will be admitted to probate and that Letters Testamentary be issued to CHARLOTTE HOLZE PENTZ.
CHARLOTTE HOLZE PENTZ (signature0
Dated January 31, 1950


IN THE PROBATE COURT OF KANE COUNTY, ILLINOIS

In the Matter of the Estate of AMANDA HOLZE, deceased

SUPPLEMENTAL INVENTORY

The following is a true and complete inventory of all of the real and personal estate of AMANDA HOLZE, deceased, which has come to the personal estate of AMANDA HOLZE, decreased, which has come to the possession or knowledge of the undersigned, CHARLOTTE HOLZE PENZ, Executrix of the Last Will of said decedent subsequent to the filing of her original inventory herein;

Personal Estate
NONE

Real Estate
The part of the South half of Section 30, Township 42 North, Range 7 East of the Third Principal Meridian in Kane County, Illinois, bounded and described as follows: Beginning at a point on the North line of the South half of said Section 30 that is 1,747.40 feet East of the Northwest corner of the East half of the Southwest quarter of said Section 30, said point being the Northeast corner of the premises conveyed by AMANDA HOLZE, MARTIN F. HOLZE and his wife, HARRY HOLZE and his wife, and CHARLOTTE HOLZE PENTZ, and her husband to WILLIAM LANDWER and EMMA LANDWER, his wife, dated September 30, 1941, recorded October 31, 941 as document no. 479242; premises conveyed by said document no. 479242, 180 feet to the Southeast corner thereof; thence East parallel with the North line of the South half of said Section 30 to the center line of said public road to the North line of the South half of said Section 30; thence West along the North line of the South half of said Section 30 to the place of beginning.
Together with easement for right-of-way over the east 7.9 feet of the premises adjoining the west line of the above described premises.

Respectfully submitted
CHARLOTTE HOLZE PENTZ, Executrix of the Last Will of AMANDA HOLZE, deceased


Probate Information for MAMIE BRADY SWITZER DOPKE
Died 6/15/1938 in Kane County Illinois

Contributed by Source #1

AFFIDAVIT OF DEATH
STATE OF ILLINOIS
Kane County

ARTHUR SWITZER being duly sworn, deposeth an saith; that MAMIE DOPKE late of the City of Elgin in the County of Kane said State aforesaid, departed this life at Elgin, Illinois in said County, on or about the 15th day of June A.D. 1938 and that she died leaving a last Will and Testament, to the best of his knowledge and belief.

Arthur Switzer (signature)

Subscribed and sworn to before me this 28th day of June A.D. 1938.
Lois E. Pfingsten (signature)
Notary Public

PROOF OF HEIRSHIP

STATE OF ILLINOIS
KANE COUNTY

In the matter of the Estate of MAMIE DOPKE, deceased

ARTHUR SWITZER, being first duly sworn in open county on oath disposes as follows: My name is ARTHUR SWITZER, my age is 43 years, I reside in Elgin, Illinois and am a son of said decendent. Said MAMIE DOPKE was married twice only first to IRA J. SWITZER from who she was divorced in the year 1910. Of said first marriage the following children only were born ARTHUR SWITZER, this affiant and VERNON SWITZER; the second marriage being with one EDWARD SOPKE who died in the year 1927; that of said second marriage no child or children were ever born, that the said MAMIE DOPKE never adopted any child or children and no child or children were ever born to her outside of lawful wedlock.


I therefore say that said MAMIE DOPKE died leaving no husband and leaving ARTHUR SWITZER and VERNON SWITZER, her sons as her only heirs at law.
ATHUR SWITZER (signature)

AFFIDAVIT OF DEATH

STATE OF ILLINOIS
Kane County

ARTHUR SWITZER being duly sworn deposeth and saith, that MAMIE DOPKE late of the City of Elgin in the County of Kane and State aforesaid, departed this life at Elgin, Illinois in said County, on or about the 15th day of June A.D. 1938 and that she died leaving a last Will and testament, to the best of his knowledge and belief.
ARTHUR SWITZER (signature)


STATE OF ILLINOIS
COUNTY OF KANE
In the Probate Court of Kane County

In the matter of the Estate of MAMIE DOPKE, deceased
FINAL REPORT

To the HONORABLE HARRY C. DANIELS, Judge of said Court;

The undersigned ARTHUR SWITZER, as Executor of the Estate of MAMIE DOPKE, deceased, respectfully submits to the Court the following as his Final Report of his acts and doing as such Executor.

The undersigned would show that Letters Testamentary issued out of this Court on the 28th day of June A.D. 1938 to the undersigned after accepting and taking the oath of office and filing his official bond as required by the rules and order of this Court; that he entered upon his duties immediately and has continued to act as such Executor down to the date of this report.

That an Innovatory was duly filed in and approved by this Court on the 25th day of May A.D. 1939 and that no appraisers were appointed, there being no personal property in said Estate subject to appraisement; that adjudication of claims was duly made, that no award was made to anyone, there being no one entitled thereto; that all of the assets of said Estate have been collected; that no claims were filed or allowing against said Estate have been collected; that no claims were filed or allowed against said Estate and that there is not pending at the present time, in this or any other court, on appeal or otherwise, any claim against said estate; that all costs attending the last illness, funeral expenses and all debts of said decedent have been paid in due course of administration; that all taxes due from said Estate have been duly paid and that there is no Inheritance Tax due the State of Illinois or the United State on account of said Estate; that more than one year has elapsed since the issuance of Letters Testamentary and that no claims can now be filed or allowed against said Estate, and that there has been no change in the table of heirship.

The undersigned herewith presents to the Court the appearances and consents to the approval of this Final Report signed by the heirs at law, legatees and devisees under the Last Will and testament of Mamie Dopke, deceased, each of whom are of legal age and under no legal disability.

The undersigned would further show that full distribution has been made in accordance with the Last Will and Testament of MAMIE DOPKE, deceased and that there now remains nothing further for the undersigned to do as such Executor.

THEREFORE, the undersigned prays that this be accepted as his Final Report, in lieu of an account, and approved as such and that an Order be entered herein declaring this Estate to be fully determined, settled and closed; that his Bond herein given be dissolved and that the undersigned be discharged from further duty as such Executor.

ARTHUR SWITZER (signature)

PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY

PETITION OF ARTHUR SWITZER in the matter of the Last Will and testament of MAMIE DOPKE, deceased for Probate of Will and Letters Testamentary.

To the HON. HARRY C. DANIELS, Judge of the Probate Court of Kane County, in the State of Illinois.

The petition of the undersigned ARTHUR SWITZER, respectfully represents that MAMIE DOPKE who was at the time of here death a resident of the County of Kane State of Illinois departed this life at Elgin, Illinois on or about the 15th day of June A.D. 1938 leaving a last Will and Testament duly singed, published and attested as believed by your petitioner, and which by him is herewith presented to your Honor for probate. That said Will is subscribed by FRIDA ANDERSON and LOIS E. PFINGSTEN as witnesses to the execution thereto.
That said Testatrix in her said last Will nominated and appointed ARTHUR SWITZER your petitioner Executor thereof and that your petitioner is willing and ready to accept and undertake the office and trust confided to him.
And this petition further shows that the said MAMIE DOPKE died seized and possessed of real estate valued at about Eight Hundred ($800.00) Dollars, and Personal Property estimated to be worth about Two Hundred ($200.00) Dollars.
That said deceased left surviving her no husband and the following named persons as her only heirs at law and legatees, and their respective places of residence, so far as is known, are as follows;

ARTHUR SWITZER, 931 Grace Street, Elgin, Illinois
VERNON SWITZER, 123 So. Grove Avenue, Elgin, Illinois
WILLIAM BRADY, 123 So. Grove Avenue, Elgin, Illinois

In consideration whereof, and to the end that said Will may be proved, established and performed, your petitioner prays that the subscribing witnesses aforesaid may be summoned to be and appear before this Court at the (blank) Term thereof, then and there to testify in the matter of said Will, as it may please your honor to direct; and that probate of said Will may be thereupon granted, and the same ordered for record.
And your petitioner further prays that it may please your Honor to grant him Letters Testamentary of said last Will and Testament upon his taking the oath prescribed by the Statute and entering into bond in such sum and with such securities as may be approved by your honor.
Dated June 28, 1938
ARTHUR SWITZER (signature)


Probate Information for CAROLINE DOPKE

Contributed by Source #1

PROOF OF HEIRSHIP

STATE OF ILLINOIS
KANE COUNTY
IN PROBATE COURT OF KANE COUNTY.

IN THE MATTER OF THE ESTATE OF: CAROLINE DOPKE

BENJAMIN DOPKE, being first duly sworn in open court on oath deposes as follows:, He resides at R.F.D. 2, Box 262, Elgin, Illinois, is of lawful age and otherwise duly qualified; and is a Son of said CAROLINE DOPKE who died on May 21st, 1945 at Elgin, Illinois. . Said decedent was married once only and then to CHRIST DOPKE who died about the year 1902. Of said only marriage the following children only were born: EDWARD DOPKE, who died about 19 years ago leaving him surviving his Widow, MAMIE DOPKE, who has since died; that of said marriage no child or children were born and none were ever adopted by the said EDWARD DOPKE;

MATHILDA DOPKE, who died at the age of 9 days,

LOUIS A. DOPKE;

CLARA DOPKE; and

BENJAMIN DOPKE;
That no other child or children were ever born to the said CAROLINE DOPKE and none were ever adopted by her.

Affiant therefore says that said CAROLINE DOPKE died leaving no husband and leaving LOUIS A. DOPKE, CLARA THRUN, HERMAN C. DOPKE and BENJAMIN DOPKE as her only heirs at law.
BENJAMIN DOPKE (signature)

PROOF OF WILL

INVENTORY OF REAL AND PERSONAL PROPERTY
STATE OF ILLINOIS
KANE COUNTY

In the Matter of the Estate of CAROLINE DOPKE, deceased,
The following is a verified inventory of all the Real and personal Estate of the said deceased, so far as the same has come to the possession or knowledge of the undersigned, Executors of said estate.

Real Estate
That part of the North East quarter of Section 18, township 41 north, Range 8, East of the Third Principal Mercian, in the Township of Elgin, Kane County, Illinois, bounded as follows, to-wit: Commencing at the North West corner of the east half of the North East quarter of said section, thence South along the "eighty" line 16 chains, 50 links, to the center of the State Road, thence South 64 degrees 5' feet East along the center of said road, 8 chains 70 links, for the place of beginning, thence South 31 ½ degrees west 12 chains 1 /12 links, thence North 64 degrees 5' west 3 chains 39 links, thence North 31 ½ degrees East 12 chains 1 ½ links to the center of the State road, thence South 64 degrees 5' East along the center of said road 4 chains and 39 links to the place of beginning, situated in Kane County, Illinois. Title, fee simple, believed to be perfect and unencumbered.

T H I S I S M Y W I L L

I, CAROLINE DOPKE, of the Town of Elgin, Kane County, Illinois, being of sound mind and disposing memory, do make, ordain, publish and declare this to be my Last Will and Testament in the manner following, that is to say:

FIRST:
I direct that all of my just debts, funeral expenses and costs of administering my Estate, be paid by my Executors hereinafter named, as soon after my death as may be convenient for them so to do.

SECOND:
All the rest, residue and remainder of my Estate, whether real, personal or mixed and wheresover situated, which I now own or may hereafter acquire, I give, divise and bequeath to BENJAMIN DOPKE, and CLARA THRUN, or the survivor of them, in trust for the following purposes: (A) To rent, lease, operate control and manage the same and to pay all insurance premiums, taxes, assessments and such other improvements and repairs as are from time to time necessary to keep it in the same condition and state of repair as it is at the time of my death and to pay any other expense or claim which may be incurred against my Estate and which they shall deem right and proper; (B) To grant bargain, sell and dispose of any and all of my property in any manner and under such terms and conditions as they shall deem to be for the best interest of my Estate; (C) To execute Deed or Deeds conveying an absolute title in fee, with order of court and without the purchaser or purchasers being required to look to the application of the purchase money and to furnish abstract of Title to my real estate showing a merchantable title; (D) To divide equally, share and share alike all my property between my children who may be living at the time of my death, to be their own absolute property forever.

THIRD:
I nominate and appoint my son, Benjamin Dopke and my Daughter, Clara Thrun, or the survivor of them, to be the Executors and trustees of this my Last Will and Testament and request that they nor either of them be required to give any surety on their Bond as such Executors and Trustees, and I hereby revoke all former Wills and Codicils by me made.

This, my Last Will and testament consists of two typewritten pages, this page included, each of which bears my signature.

Witness my hand and seal at Elgin, Illinois, this 11th day of January, A.D. 1933.

CAROLINE DOPKE

The foregoing instrument, was at the date thereof subscribed by the Testatrix, CAROLINE DOPKE, in our presence and was at the same time declared by her to be her Last Will and Testament and we at the same time, in her presence, at her request and in the presence of each other have hereunto subscribed our names as attesting witnesses. And we do hereby certify that at the time of the execution of said Will the said CAROLINE DOPKE was of sound and disposing mind, memory and understanding.

RANSTEAD S. LEHMANN, Elgin, Illinois
LOIS E. PFINGSTEN, Elgin, Illinois.

PROOFS HEARD, THIS WILL DECLARED DULLY PROVED, ADDMITED TO PROBATE AND ORDERED RECORDED THIS 19th DAY OF JUNE, A.D. 1945.
Harry C. Daniels, probate judge

ENDORSED: Filed June 19th, A.D. 1945
Bert D. Galbraith, Probate Clerk.


Will and Probate Information of Philo Howard

In the name of God Amen! I Philo Howard of the Town of Blackberry, County of Kane and State of Illinois of the age of forty-nine years and being of sound mind and memory do make, publish and declare this my last will and testament in the manner following, that is to say

First I give and bequeath to my sons, Melvin Howard, Orin B. Howard and Austin Howard eighty acres of land known as the Van [Wormis?] land, being the north west quarter of the north west quarter of section thirty-six (36), also the south west quarter of the south west quarter of section twenty-five (25) in the Town of Blackberry, County of Kane, and State of Illinois. Also my timber lot consisting of two (2) acres of land in Nelson Grove in the Town of Batavia county and State aforsaid. Reserving however to Alpheus Franklin and his wife, a life lease of the house and lot as now occupied by them, situated on section Twenty-five (25) aforsaid.

I also give and bequeath to my son Melvin Howard aforsaid the team known as the pony team together with the harness and buggy that [I have loned [sic]?] of him when he went west.

Secondly I give and bequeath to my Daughter Lydia A. the wife of George W. Rogers One Hundred dollars in money or personal property w[hich] she may choose payable one year after my decease.

Will and Testament hereby revoking all former wills by me made.

In witnesswhereof I have hereunto set my hand and seal this fourtheenth day of January, In the year of our Lord one thousand eight hundred and Sixty-nine.
[signed] Philo Howard

The above instrument consisting of one sheet was at the date [ ] declared to us by Philo Howard the testator therein mentioned to be his last will and testament and he at the same same acknowledged to us and each of us that he had signed and sealed the same. [ ] [ ] [ ] at his request and in his presence and in the presence of each other signed our names thereto as attending witnesses.

[signed] Cha. M. Stephens Residing at Batavia, Kane County
[signed] Thos. Meredith Residing at Batavia, Kane County

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Guardian's Petition[this is a fill in the blanks form; all handwriting is italized]:

Petition of Cassendana [sic] Howard in the matter of the estate of Philo Howard deceased, [ ] letters of Guardianship.

To the Hon. Charles F. Smith, Judge of the County Court of Kane County.

The Petition of the undersigned that Emerson Ahira Howard is a minor aged 5 years on the 26th day of January A. D. 1869
that Zaida Howard is a minor aged 2 years on the 23rd day of March A. D. 1869 That the said minors are residents of the county; that they have no father living or other guardian residing in this State; that said minors are [dismissed?] under the will of their late father Philo Howard decd, [settled?] to property in said estate estimated to be worth about the sum of Nine Thousand Dollars $9000 and that your petitioner is Mother of and desires to be appointed guardian of said minors.
February 1st 1869

[signed] Casendana Howard
State of Illinois Kane County

Cassendana [sic] Howard being duly sworn deposes and says that the facts [referred?] in the above petition is according to the best of her knowledge, information and belief.

Sworn to and subscribed before me
Henry B. Pierce
Clerk of the County Court of Kane

[signed]
Casendana Howard
County, the 1st day of
February A. D. 1869
[signed] H. B. Pierce Clerk.

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GUARDIAN'S BOND


Know all Men by these Presents, That we Cassendana Howard, Austin Howard, Melvin Howard & Eugene Howard of the County of Kane and State of Illinois, are held and firmly bound unto the People of the State of Illinois for the use of Emerson Ahira Howard and Zaida Howard in the penal sum of Eighteen Thousand Dollars, current money of the United States, which payment, well and truly to be made and performed, we and we and each of us do bind ourselves, our heirs, executers, administrators, and assignes, jointly, severally, and firmly by these presents.

Witness our hands and seals this 9th day of February A. D. 1869

The Condition of this Obligation is Such, That if the above bounden Cassendana Howard who has been appointed Guardian for Emerson Ahira Howard and Zaida Howard, minor heirs of Philo Howard, decd, shall faithfully discharge the office and trust of each Guardian according to law and shall render a fair and just account of her Guardianship to the County Court of the County of Kane from time to time as She shall be thereto required by said County and comply with all the orders of the said Court, lawfully made, relative to the goods, chattels, and moneys of such minors, and [ ] and pay to such minors all moneys, goods, chattels, title papers, and effects, which may come to the [ ] [ ] of each Guardian, belonging to such minors, when such minors shall be thereunto [ ]tled, or to any subsequent guardian should [ ] Court to direct, then the obligation shall be void; otherwise to remain in full force and effect.

Sealed and Delivered in Presence of [signed by the following]
[signed] H. B. Pierce Casendana Howard
Clerk of the County Court

Austin Howard
Melvin Howard
Eugene Howard

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Letters of Guardianship


State of Illinois
Kane County
In the County Court January Term A. D. 1869

The People of the State of Illinois, to Cassendana Howard of said County, GREETING:

WHEREAS at the January term of the County Court of said County, A. D. 1869, holden at Geneva you were, by order of said Court, duly entered of record on the [9th?] day of February A. D. 1869 day of said month, duly appointed Guardian for Emerson Ahira Howard and Zaida Howard, minor heirs of Philo Howard, decd.

Trusting in your fidelity, therefore, the said Court doeth by these presents constitute and appoint you to be Guardian unto said minors and authorize and empower you to take and have the care of their persons and the custody and management of their property, frugally, and without waste or destruction, to improve and account for the same in all things according to law.

Witness, Henry B. Pierce,
Clerk of the said County Court, and the Probate Seal of said Court hereunto affixed, at Geneva this [8th?] day of February in the year of our Lord one thousand eight hundred and sixty-nine

[signed] Henry B. Pierce, Clerk of the County Court


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