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Posts Tagged ‘Certificate of Probate’

Ellen Barclay’s will is under the name of Helen Barclay.

Last Will and Testament of Helen Barclay, pg. 428

I, Helen Barclay of Shakopee in the County of Scott and State of Minnesota being of sound mind and memory do make, publish and declare this to be my last Will and Testament.  First: I order and direct that my, Executor herein after, named pay all my just debts and funeral expenses as soon after my decease as conveniently may be. Second: After payments of such funeral expenses and debts, I give devise and bequeth unto my son William Barclay one dollar, to my daughter Anna Carter one dollar and to my daughter Mary Clark one dollar.  Third: After the payment of the above bequests, by my Executor, I give devise and bequeth all the rest and residue of my Estate personal and real to my son Charles Barclay to have and hold the same to himself his heirs and assigns forever. Fourth, I hereby constitute my son Charles Barclay to be Executor of this my last Will and testament, hereby revoking all former Wills by me made.  In testimony thereof, I have hereunto subscribed my name and affixed my seal the 9th day of September in the year of our Lord 1905.  Helen X Barclay. 

This instrument was on the day of the date thereof signed, published and declared by the said testatrix to be her last Will and Testament in our presents, I do at her request, have subscribed our names thereto as Witnesses, in her presence and in the presence of each other. Jul J. Peace, Fred P. Berens. 

Will and Certificate of Probate Helen Barclay

Will and Certificate of Probate Helen Barclay

Source: Scott County, Probate Court, Final Decrees of Distribution page 4, Roll 1, Final Decrees with indexes, 1884-1968, 20 volumes, Order Book U, Oct. 1906 – Oct. 1911, pp. 265-601, Frame No. 511.

Certificate of Probate page 429

State of Minnesota, County of Scott ) ss.  In Probate Court

In the matter of the Estate of Helen Barclay deceased.  Be it remember, that on the day of the date hereof, at a Special Term of said Probate Court, pursuant to notice duly given the Last Will and Testament of Helen Barclay late of said County of Scott, deceased bearing date the 9th day of September 1905, and being the annexed written instrument, was duly proved before the Probate Court in and of the County of Scott aforesaid, and was duly allowed and admitted to probate by said Court according to law, as and for the Last Will and Testament of said Helen Barclay, deceased, which said Last Will and Testament is recorded and the examination taken thereof filed in the this office. 

In Testimony whereof, The Judge of the Probate Court of said County has hereunto set his hand an affixed the seal of the said Court at Shakopee in the said County, this 4th day of January 1908. 

A. Meyer, Judge of Probate

There was in the Probate Order Book pg. 257 a Final Decree of Distribution of the Estate. It was a form and I have summarized it here.

County of Scott, The Matter of the Estate of Helen Barclay

The above entitled matter came on to be heard on the second day of May 1908…The representative of said estate appeared in person and by Counsel and no adverse appearance or objection was made.  

First…hearing made and filed on 7th of April, 1908 and that said citation has been published as required by law in the Shakopee Tribune.  

Second, all debts, funeral, burial, last sickness have been fully paid…final account herein which has been settled and allowed by the Court and that all specific bequests have been fully paid and satisfied.  

Third – the said decedent died testate on the 30th day of November, 1907 and  was a resident of Shakopee, County of Scott, State of Minnesota.  Fourth:  residue of estate consists of the following property, to-wit,

(A) personal property of the value of $700.00 comprised of the following items, viz:

1.  One note and mortgage dated Feb 7, 1905 made by Thos. J. Shanlay to C. J. Sord, recorded Feb. 20, 1905 at 1:10 pm in the Office of the Register of Deeds of Powner County and State of North Dakota for $700.00 and assigned by said C. J. Sord to said Helen Barclay – Int. 6% due Dec. 1, 1909.

(B) Real property – none.  Those and other tracts or parcels – none.  

Fifth, That the following named person is the sole residuary legatee and is the only person entitled to the residue of said estate of said decedent by the terms of the last Will and Testament of said decedent, Charles Barclay son of said decedent. 

Signed by N. Meyer, Judge of said court, on third day of May, 1908. 

Source:  Final Decree of the Distribution of the Estate of Helen Barclay, State of Minnesota, Scott County, pg. 357, 3rd May, 1908, Scott County Historical Society.

As usual more questions arise when you read a will and the other documents associated with it.  Helen/Ellen’s will is very interesting in that several of the children only get $1.00, but we must remember that the land John and Helen/Ellen owned was slowly sold to Charles and William.  Perhaps the daughters received gifts before they left home an after their marriages.  Yes, there is much more to do on Helen/Ellen Barclay and her life. I will leave that to her descendants as I am of the 1st wife Margaret and what to spend my time trying to find out more about her.

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