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Delaware County NY Genealogy and History Site

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The following is the will and accompanying paperwork for Adelaide O. Dietrich. These were copied out of the Delaware County Courthouse records. --Larry Campbell, Grand Rapids, MI, January 10, 2006

Surrogate's Court
Delaware County

In the Matter of the Probate of the
Last Will and Testament of
Adelaide O. Dietrich, Deceased.

Waiver of Service
Samuel H. Fancher
Attorney for Petitioner.

Filed Oct. 19, 1945

Surrogate's Court - Delaware County

In the Matter of the Probate of the Last Will and Testament of Adelaide O. Dietrich, Deceased.

The undersigned, Distributees, legatee, devisees and persons otherwise interested in the real and personal property of Adelaidea O. Dietrich late of the town of Walton, County of Delaware, deceased, do hereby waive the issue and service of a citation in the above entitled matter and do hereby severally appear, and consent that the Last Will and Testament of the said Adelaide O. Dietrich may be admitted to probate by and before the Surrogate of the County of Delaware, without notice to us, or either of us, and that Letters Testamentary thereon may be granted to the executrix therein named, without further notice, and we hereby authorize the said Surrogate to enter our appearance in said proceeding.

Leonard K. Orr
______________________________________________________________________
(additional document stapled together)
State of Kansas, County of Seward, SS.

I, Mary Lindley, Clerk of the District Court of Seward County, Kansas, the same being a Court of Record do hereby Certify, that at the time and date of the taking of the within acknowledgment Maud Turner was a Notary Public, duly qualified and sworn and authorized to take acknowledgments and proofs of deeds and conveyances of all kinds of property in Seward County, Kansas.

That I am well acquainted with the hand writing of said Notary Public Maud Turner and verily believe that the signature attached to the within acknowledgment is her signature. Given under my hand and the seal of the said court 6 day Aug, 1945.

Maude Turner

Mary Lindley
Clerk of the District Court
Seward County, Kansas.
_____________________________________________________________________
(new document)

Surrogate's Court
Delaware County

In the Matter of the Estate of
Adelaide O. Dietrich, Deceased.

Report of Special Guardian
(Attorney)
Dec. 24, 1956
Jeanette F. Foreman

Surrogate's Court - County of Delaware:
In the Matter of the Estate of
Adelaide O. Dietrich, Deceased.

To the Surrogate's Court of the County of Delaware:
I, Francis R. Paternoster, duly appointed Special Guardian (Attorney) of Leonard D. Dorr (19), infant interested in the above entitled proceeding do hereby report that since my appointment I have to the best of my ability acquainted myself with the rights of said infant, that I have taken all the steps necessary for the protection of such rights to the best of my knowledge and belief, that I have examined into the circumstances of the case of Estate of Adelaide O. Dietrich, offered for judicial settlement, the petition and other papers herein and that after such examination and investigation I do report that in my judgment and opinion there are no objections to the judicial settlement of such estate and that it appears to be for the interest of said infant that the same should be judicially settled.

Francis R. Paternoster
Special Guardian

State of New York,
County of Delaware, SS.

Francis R. Paternoster, being duly sworn, deposes and says: that he is the Special Guardian making the above report, that the same is true to the best of his knowledge, information and belief.

Francis R. Paternoster

Subscribed and sworn to before me
this 24th day of December, 1956.
William H. Thomas
Notary Public.
_____________________________________________________________________
(new document)

Surrogate's Court
Delaware County

In the Matter of the Probate of the
Last Will and Testament of
Adelaide O. Dietrich, Deceased.

Waiver of Service
Samuel H. Fancher
Attorney for Petitioner.

Surrogate's Court - County of Delaware:
In the Matter of the Probate of the Last Will
and Testament of
Adelaide O. Dietrich, Deceased.

The undersigned, Distributees, legatee, devisees and persons otherwise interested in the real and personal property of Adelaidea O. Dietrich late of the town of Walton, County of Delaware, deceased, do hereby waive the issue and service of a citation in the above entitled matter and do hereby severally appear, and consent that the Last Will and Testament of the said Adelaide O. Dietrich may be admitted to probate by and before the Surrogate of the County of Delaware, without notice to us, or either of us, and that Letters Testamentary thereon may be granted to the executrix therein named, without further notice, and we hereby authorize the said Surrogate to enter our appearance in said proceeding.

William E. Orr

State of New York
County of Delaware, SS.:

On this 28th day of August, 1945, before me the subscriber, personally appeared William E. Orr, to me known to be the same person.. described in, and who executed the above instrument, and he acknowledged that he executed the same.

Katherine E. Wright
Notary Public
______________________________________________________________________
(new document)

Surrogate's Court
Delaware County

In the Matter of the Probate of the
Last Will and Testament of
Adelaide O. Dietrich, Deceased.

Notice of Probate to
Beneficiaries

Samuel H. Fancher
Attorney for Petitioner
Walton, N.Y.
Filed Oct. 19, 1945

Notice of Probate to Beneficiaries
Surrogate's Court - County of Delaware.

In the matter of the Probate of the Last
Will and Testament of
Adelaide O. Dietrich, deceased.

To the Legatee, Devises and Beneficiaries under the Last Will and Testament of the above named Decedent:-

Take Notice: That the Last Will and Testament of Adelaide O. Dietrich, late of the Town and Village of Walton in the County of Delaware and State of New York, has been offered probate in the Surrogate's Court of Delaware County, and that the names and post office addresses of the proponent and of the legatees, devises and other beneficiaries, as set forth in the petition herein, who have not been cited or have not appeared or waived citation, are as follows:

Name Post Office Addresses:
Mary Finetta Starley Proponent: Walton, New York
Eva N. Orr Legatee Walton, New York
Betty K. Orr Legatee Walton, New York
Margaret B. Orr Legatee Walton, New York
Doris E. Orr Legatee Walton, New York
Robert W. Orr Legatee Walton, New York
Anna F. Orr Legatee Walton, New York
Leonard D. Orr Legatee Walton, New York

Dated August 27th, 1945
Samuel H. Fancher
Attorney for Proponent,
Walton, New York

County of Delaware, SS.

Katherine Wright of Walton, New York, being duly sworn says: That on the 27th day of August, 1945, she deposited in the post office at Walton in the County of Delaware, a copy of the foregoing Notice of Probate, contained in a securely closed, post-paid wrapper, directed to each of the following persons respectively, at the place hereinafter set forth, as follows:

Name Post Office Addresses:
Eva N. Orr Platt Street - Walton, N.Y.
Betty K. Orr Platt Street - Walton, N.Y.
Margaret B. Orr Platt Street - Walton, N.Y.
Doris E. Orr Platt Street - Walton, N.Y.
Robert W. Orr Platt Street - Walton, N.Y.
Anna F. Orr Platt Street - Walton, N.Y.
Leonard D. Orr Platt Street - Walton, N.Y.
William E. Orr, as father of Platt Street - Walton, N.Y.
Margaret B. Orr, Doris E. Orr,
Robert W. Orr, Anna F. Orr,
and Leonard D. Orr, infants.

Subscribed and sworn to before me this 28th
day of August, 1945
Samuel H. Fancher
Katherine E. Wright
Notary Public
_________________________________________________________________
(new document)

The People of the State of New York,
By the Grace of God, Free and Independent.

To All to Whom These Presents Shall Come or May Concern, Send Greeting:

Whereas, at a Surrogate's Court, held in and for the County of Delaware, State of New York at the Surrogate's Office in the Village of Delhi, in said County, on the 19th day of October, one thousand nine hundred and forty-five, the Last Will and Testament of Adelaide O. Dietrich, late of the town of Walton, in said County, deceased, was duly admitted to probate:

And Whereas, Mary Finetta Starley, Executrix named in said Will, is now deceased

And Whereas, an appin(?) in the form of (rest of sentence illegible)

And Whereas, William E. Orr is entitled to administration under the provisions of Section 133 of the Surrogate's Court Act, and has taken the official oath and filed the bond prescribed by law.

Therefore, Know Ye, that the said William E. Orr is hereby appointed Administrator with the Will Annexed of all and singular the goods, chattels and credits which were of said deceased, with the same rights and powers and subject to the same duties as if he had been named executor in said Will.

In Testamony Whereof. We have caused the Seal of the Surrogate's Court
of the County of Delaware to be hereunto affixed.

Witness, Hon. Walter L. Terry, Surrogate of the County
of Delaware, at Delhi, in said County, on the 6th
day of August, in the year of our Lord,
One Thousand Nine Hundred and fifty-six

Walter L. Terry, Surrogate.
________________________________________________________________
(new document)

At a Surrogate's Court, held at the Surrogate's Office in
Walton, in and for the County of Delaware, on the
19th day of October, 1945.

Presents Hon. Arthur F. Curtis,Surrogate,

Surrogate's Court - County of Delaware

In the Matter of Proving
the last Will and Testament of
Adelaide O. Dietrich, Deceased

A duly verified petition having been presented by Mary Finetta Starley, and duly filed for the probate of a paper writing dated the 26th day of October, 1939, Purporting to be the last Will and Testament of Adelaide O. Dietrich, late of the Town of Walton, in said County of Delaware, deceased, setting forth the facts upon which the jurisdiction of the Court to grant probate thereof depends and praying that the same might be proved, and it satisfactorily appearing in the Court that all the persons required by law to be cited, or who are interested in this proceeding have by their appearance, consent, or waiver in writing, duly executed and filed, waived the issuance and service upon them of a citation in this proceeding and consented to the probate of such paper writing, and after hearing the proofs and allegation in support thereof, and due deliberation having been had thereon, and the probate thereof not being contested, now, on motion of Samuel H. Fancher, attorney for said petitioner, is

Ordered, Adjudged and Decreed, that the paper writing be dated the 26th day of October, 1939, so propounded as the last Will and Testament of said Adelaide O. Dietrich, late of the Town of Walton, in said County of Delaware, deceased, was duly executed; that the said testatrix was at the time of executing the same in all respects competent to make a will and not under restrain, and it is further

Ordered, Adjudged and Decreed, that said paper writing be admitted to probate as the will of said Adelaide O. Dietrich, deceased, valid to pass real and personal property and that said paper writing and this decree be recorded, and it is further

Ordered, Adjudged and Decreed, that upon due notice pursuant to the provisions of Section 146 of the Surrogate's Court Act that said last Will and Testament has been offered for probate, or probated, being duly filed. together with proof by affidavit of the mailing of a copy of such notice to each and every legatee, devisee, or beneficiary, as set forth in the petition who has not been cited, or has not appeared or waived citation, that letter testamentary thereupon forthwith issue to Mary Finetta Starley, the executrix therein named upon duly qualifying according to law.

Arthur F. Curtis,
Surrogate.


Last Will and Testament.

I, Adelaide O. Dietrich, of the Town of Walton, in the County of Delaware and State of New York, being of sound mind and memory, do make, publish and declare this my last Will and Testament in manner following, that is to say:
FIRST: I direct that all my just debts and funeral expenses be paid.
SECOND: To my sister Mary Finetta Starley, I give, devise and bequeath the use of my entire estate, both real and personal, for and during the term of her life, with the right in my said sister to use from the principal of my estate, shoud she find it necessary so to do.
THIRD: Upon the death of my sister mary Finetta Starley, I give, devise and bequeath the use of the residue of my estate both real and personal to my sister in law Eva N. Orr for and during the term of her life, or such time as she may remarry.
FOURTH: Upon the death or re-marriage of my sister in law Eva N. Orr, I give devise and bequeath whatever may remain of my estate in equal shares unto the children of my said sister in law Eva N. Orr.
LASTLEY: I hereby appoint my sister Mary Finetta Starley executrix of this, my last Will and Testament, with full power and authority to sell and convey, lease or mortgage real estate; hereby revoking all former wills by me made.
IN WITNESS WHEREOF, I have hereunto subscribed my name at Walton, New York the 26th day of October, in the year One thousand nine hundred and thirty-nine.

Adelaide O. Dietrich. (L.S.)

We, whose names are hereto subscribed, Do Certify that on the 26th day of October 1939 Adelaide O. Dietrich the testatrix above named, subscribed her name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be her last Will and Testament, and requested us, and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testatrix and of each other, on the day of the date of the said Will, and write opposite our names our respective places of residence.

Walter Leubner residing at Walton, N.Y.
John G. More residing at Walton, N.Y.



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