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Posts Tagged ‘Final Decree’

Amarilla was appointed the Administrator of her husband George A. Barclay’s estate back in December 1898.  George did not have a will and Amarilla and Grace were his only heirs.  The estate is on file at the Minnesota Historical Society under Cass County Government. As you can see, Amarilla’s name was spelled as “Ammarilla and even spelled “Ammerilla.”

1.  #1065 – Order to Examine Accounts at Walker on August 15, 1899 at 10 a.m. in the Probate office, Cass County, Minnesota.

2. #1065 – Final Decree August 15, 1899 document.

The final decree included Amarilla Barclay and Grace McDonald to receive the land and general merchandise of great grandfather’s estate.

That the said deceased died intestate, and the residue of said estate consists of the following described Real and Personal estate, to-wit:

A ______of general merchandise at Pine River, Mnn. fixtures, furniture and household goods. Notices?, mortgages, open accounts and cash on deposit at First National Bank of Brainerd $655.15 and other miscellaneous articles and personal property.

The NE4 & NW 4; NW 4 NE 4; SE 4 NW 4 and SE 4 SE 4 all in Sec 6, T 137 R 29; the ____SE, Sec 28, T 138 R. 29; Lot 6 Sec 8 F 137, R 29; Lot 7 & SE 4 SW 4 Sec 31, T 138 R 29; NW4 & NW 4 Sec 12 T. 137 R. 30, All in Cass County; and SW 4 NW4, NW, SW__Sec 10, T. 137 R 29 in County of Crow Wing in said state…

that the following named persons are entitled to said estate by law Ammarilla Barclay and Grace A. McDonald. …That said Ammarilla Barclay 1/3 there of an to said Grace A. McDonald 2/3 thereof; and all and irregular of the Real estate and the same in hereby assigned and vested in the said Ammerilla Barclay and Grace McDonald…

the following to-wit: N2 NW 1/4 Sec 6 – 137 -29, the Homestead, to said Ammarilla Barclay during the time of her natural life remainder to Grace McDonald in fee simple, all other land to Ammarilla Barclay an undivided 1/3 interest in fee simple and to Grace A. McDonald an undivided 2/3 interest in fee simple. …McGary Judge of Probate

Seven days later on 22 August, 1899 a deed was registered with the Cass County Register of Deeds, Cass County Courthouse, where  Grace sold back to Amarilla some land  for $1.00.

This indenture made this 22 August 1899 between Grace A. McDonald and Ronald S. McDonald her husband, parties of the first part to Ammarilla Barclay of the county and State of Minnesota, for one dollar to them in hand…page 98, Deed K. 1899. 

The north half of the northwest quarter (N1/2 of NW 4) and the southeast quarter of the Northwest quarter (NE4 and NW4) of Section Six (6) township 137, range twenty nine (29), also lot seven (7) and the southeast quarter of the southwest quaret (SE 4 of SW $) of Section thirty one (31) township one hundred and thirty-eight (138) Range twenty nine (29) togher with all the personal property of whatever nature the land may be now situated and being of said piece or parcels of land for any of said pieces or parcels. Signed by Grace A. McDonald and R.S. McDonald in the presence of A. Picket and Sarah A. Blinn.

County of Cass, 22nd day of August 1897 before me Notary Public – Grace A. McDonald formerly Grace A. Barclay and R.S. McDonald, husb. – free act and deed. J.G. Dawis, Notary Public. Signed by Grace A. McDonald and R.S. McDonald.  Witnesses by a A. Picket and Sarah A. Blinn. 

Very interesting that a J.G. Dawis signs as a notary public, could this be J.G. Dawes?

Another deed appears on the 26th of November, 1899 were Grace and Ronald McDonald sell more land back to Amarilla, Page. 414, Deed P for $2000 dollars.

Grace to Amarilla November 1899 Land

Portion of deed – Grace to Amarilla November 1899 Land

The North half of the North West quarter (N1/2 NW1/4) and the South East quarter of the North West quarter (SE1/4 NW1/4) of section Six (6) Township one hundred and thirty (137) Range Twenty nine (29).  Also Lot seven (7) and the South East quarter of the  South West quarter (SE1/4 SW1/4), of Section Thirty one (31) Township one hundred and thirty eight (1380 Range Twenty nine (29.). This was signed by Grace A. McDonald and R.S. McDonald and witnesses also by A. Pickett and Sarah A. Blinn. 

Grace and Amarilla were now in control of George’s estate and with the Final Decree it was now all in their hands to manage as they pleased.  In about a year to two Grace and Ronald would leave Pine River for Grand Rapids, Minnesota and by 1905 they would be in International Falls, Minnesota. Amarilla could have gone with them but she chose to stay in Pine River and she would continue to do so till her death in 1942. Grace and Amarilla kept in touch over the years for Amarilla was to become a grandmother 6 times over.

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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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