Monday, September 1, 2014

Amanuensis Monday - Post 233: More Papers in 1929 Devier J. Smith Probate File in Red Willow County, Nebraska

Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:" 

"A person employed to write what another dictates or to copy what has been written by another."

The subject today is a 1929 order of a hearing, a publisher's affidavit and the published Notice of Hearing to define heirship of the estate of Devier J. Smith in Red Willow County, Nebraska:

The transcription of the "Order of Hearing" document (typed portions underlined, handwritten portions in italics):


02 In the Matter of the Estate of  }   ORDER OF HEARING
03    Devier J. Smith   , Deceased }

04 Now on this    25th   day of   November,     A.D. 19 29  , upon reading 
05 and filing the petition of       John E. Kelley        
06 for determination of heirship in the above entitled matter, it is ordered that the    30th   day of
07    December,     A.D. 19 29  , at   10   o'clock   A.  M. be assigned for hearing said
08 petition, when all persons interested in said matter may appear at said county Court and show cause why the
09 prayer of said petitioner should not be granted, and that notice of the pendency of said petition and the hearing
10 thereon, be given by publication in the   McCook Republican    for three weeks prior to said day
of hearing.
11                                                                           A. L. Zink                     
12                                                                             County Judge

The transcription of the "Publisher's Affidavit" document (typed portions underlined, handwritten portions in italics):

01 STATE OF NEBRASKA     }         Jan. 2
02 Red Willow County            } SS
03                                                       A.L. Zink
04     C W Barnes            , being duly sworn
05 deposes and says that he is the    publisher    of
06                    THE McCOOK REPUBLICAN
07 a legal newspaper published weekly at McCook, Red
08 Willow County, Nebraska; and of general circulation in
09 said county; that said newspaper, at the time of the 
10 publication of the attached notice had a bona fide cir-
11 culation of not less than three hundred copies each week,
12 and had been published within said county for fifty-two
13 consecutive weeks prior to the beginning of the publica-
14 tion of the attached notice.   Affiant further says that a
15 notice, of which the attached is a true copy, was pub-
16 lished in the regular and entire issue of said newspaper,
17 and not in supplement, on the following dates:

18 Friday,     November 29    , 19 29 
19 Friday,     December 6      , 19 29 
20 Friday,     December 13    , 19 29 

21 Subscribed in my presence and sworn to me
22 this  16th  day of   December    , 19 29 
23                     H R McCormick    
24                              Notary Public

25 Publsiher's Fee    $    10.40    
26     Recd payment from J. E. Kelley
27                           C W Barnes

The transcription of the "Notice of Hearing" document (typed portions underlined, handwritten portions in italics):

01 First Publication Nov. 29, 1929
02 Last Pub.   Dec. 14, 1929      t3


04 Estate No. 1992 of Devier J. Smith
05 Deceased, in the County Court of
06 Red Willow County, Nebraska.
07    The State of Nevraska, To all
08 persons interested in said estate,
09 creditors and heirs take notice, that 
10 John E. Kelley has filed his petition
11 alleging that Devier J. Smith died in-
12 testate in McCook, Nebraska, on or
13 about December 24, 1900, being a
14 resident and inhabitant of Red Wil-
15 low County, Nebraska, and the own-
16 er of the following described real 
17 estate, to-wit:  Lot Seven (7), in
18 block Thirty (30), Original Town of
19 McCook, Nebraska, (having received
20 title as D.J. Smith) leaving as his 
21 sole and only heirs at law the fol-
22 lowing named persons, to-wit:  Abbie
23 A. Smith, his widow; David D. Smith, 
24 a son;  Matie Chenery and Della A.
25 Carringer, daughters; and praying  
26 for a decree barring claims; that no 
27 application for administration has
28 been made and the estate of said de-
29 cedent has not been administered in
30 the State of Nebraska, and that the 
31 heirs at law of said decendent as
32 herein set forth shall be decreed to
33 be the owners in fee simple of the
34 above described real estate, which 
35 has been set for hearing on the 30th
36 day of December, A.D. 1929.
37      Dated at McCook, Nebraska, this 
38 25th day of November, A.D. 1929.
39 (SEAL)                 A.L. Zink
40                             County Judge
41 JOHN E. KELLEY, Attorney

A source citation for these documents is:

Order of Hearing, Publisher's Affidavit and Notice of Hearing, by John E. Kelley, 25 November 1929, Estate of Devier J. Smith file folder No. 1992, Red Willow County, Nebraska, Probate Court, McCook, Nebraska (accessed 11 July 2014 by Chris Christensen).

The first paper in this probate file was displayed and transcribed in Amanuensis Monday - Post 230: 1929 Petition for Determination of Heirship of Devier J. Smith Estate (posted 11 August 2014).  I also explained the "back story," how I obtained images of this probate file, and Devier J. Smith's relationships in the first blog post.

copyright (c) 2014, Randall J. Seaver

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