Probate of Edward Mailahn
The probate file for Edward Mailahn.
Page 1[edit]
Docket Cover:
"In Tounty Court - Outagamie County - In the matter of the Estate of Edward Mailahn, deceased. No. 3570, Court Record Vol E, Page 357 F. V. Heinemann, Attorey A. M. Spencer, Guardian at litem
Page 2[edit]
Receipt:
State of Wisconsin, In County Court, Outagamie County Office of the County Judge, Appleton, Wis., Oct. 21, 1915. Received from F. V. Heinemann, the Attorney of the estate of Edward Mailahn, deceased. the sum of Twenty-one 77/100 Dollars. (printing 9.25; Certified copies 2.20; guard. ad litem 3.00; Court costs 7.32) Lutie Kreiss - Register in Probate
Page 3[edit]
Receipt:
State of Wisconsin, In County Court, Outagamie County Office of the County Judge, Appleton, Wis., Oct. 22, 1915. Received from Henry Kreiss per, the Attorney of the estate of Edward Mailahn, deceased. the sum of Three 00/100 Dollars. (guardian ad litem fee in re estate of Edward Mailahn) Albert M. Spencer
Page 4[edit]
State of Wisconsin, County Court for Outagamie County
In the matter of the Will of Edward Mailahn, deceased } In Probate. The petition of B. J. Zuehlkr. That Edward Mailahn died at Riverview Sanitarium on the 2nd day of October, A.D. 1914; That his domicile at that time was in the Town of VandenBreek in said County of Outagamie; On information and belief that he left personal property, the value of which does not exceed One Thousand Dollars, and no real estate, and also left a will duly executed by him wherein B. J. Zuehlkr named as executer which is herewith presented and propounded as his last will and testament: That said decased left surving his brothers Walter Mailahn and George Mailahn, minors who have no general or testamentary guardian, next of kin and heirs at law.
That your petitioner is the executor named in will of said deceased.
Wherefore your petitioner prays that said will may be proved and allowed as the last will and testament of said Edward Mailahn, deceased, and letter testamentary therupon granted to the petitioner - B. J. Zuehlkr.
STATE of WISCONSIN, OUTAGAMIE COUNTY: B. J. Zuehlkr being duly sworn on oath says that he is the petitioner above named: That he has heard read the above and foregoing petition, and knows the contents thereof, and that the same is true to his own knowledge, excepting as to the matters therein state on information and belief, and as to those matters he believes it to be true.
Subscribed and sworn to before me this 6th day of October, A.D. 1914} B. J. Zuehklr [notary public signature illegible]
Page 5[edit]
Petition for Probate cover, stamped Filed Oct 7 1914 County Court for Outagamie County in the Matter of the Will of Edward Mailahn, deceased.
Page 6[edit]
STATE OF WISCONSIN, County Court -- Outagamie County
I, Henry Kreiss, Judge of said County Court, do hereby certify that the annexed written instrument was on the date hereof, at the time and place fixed for that purpose, pursuant to notice duly given as provided by law, duly proved in our said County Court as th e last will and testament of Edward Mailahn late of said County, deceased, by the testimony of Margaret McCarthy one of the subscribing witnesses to said written instrument, and that said instrument was by our said Court, this day, duly allowed as prescribed by law and probate thereof granted as and for the last will and testmaent of said deceased.
In testimony whereof, I have hereunto set my hand and the seal of said Court, at the city of Appleton, in said County, this 10th day of November 1914 - Henry Kreiss, Judge.
Page 7[edit]
back of previous page - stamped "Filed Nov 10 1914, Henry Kreiss, Judge"
Page 8 and 9[edit]
Will
In the Name of God, Amen, I, Edward Mailahn of Town of Vandenbroeke in the County of Outagamie in the State of Wisconsin being of sound mind and memory, do make, publish and declare this my last will and testament, hereby revoking all former wills, bequests and devices by me made: First: I direct my body be decently buried with proper regard to my station and condition in life and the circumstances of my estate. Second: I direct my executor hereinafter named, as soon as he has sufficient funds in his hands, pay my funeral expenses and the expense of my last sickness. Third: All the rest residue and remainder I give devise and bequeath all of my estate both real & personal unto my cousin Cecelia Mailahn. Lastly, I make, constitute and appoint B. J. Zuehlke of the city of Appleton, Wisconsin to be Executor of this my last Will and Testament, hereby revoking all former Wills by me made. In Testimony Whereof, I have hereunto subscribed my name and affixed my seal, the 22nd day of September in the year of our Lord one thousand nine hundred and fourteen. (signed) Edward Mailahn
This Instrument was, on the day of the date thereof, signed, published and declared by the said testator to be his Last Will and Testament in our presence, who, at his request, have subscribed our named thereto as witnesses, in his presence, an din the presence of each other. - Margaret McCarty, residing at Riverview San. - Lottie McCarty, residing at Kaukauna, Wis.
Filed Oct 17, 1914 - Henry Kreiss, Judge
Pages 10 to 16[edit]
Several standard images of file covers, probate notices, etc.
Page 17 and 18[edit]
Testimony of B. J. Zuehlke and Margaret McCarty:
COUNTY COURT FOR OUTAGAMIE COUNTY In the Matter of the Estate of Edward Mailahn, deceased. Hearing on Probate of Will. F. V. Heinemann, Att'y.
B. J. Zuehlke, sworn.
Q: You are a resident of the City of Appleton? A. Yes. Q: Were you acquainted with Edward Mailahn? A. Yes sir. Q: He died on the second day of October, 1914 in this country? A: Yes sir. Q: And what institution? A. Riverview Sanatorium Q: At the time of his that was his palce of residence? A. Yes. Q: To your best knowledge what personal property did he have? A: Somewhere int he neighborhood of $1000.00 Q: He left a will? A. Yes sir. Q: No real estate? A. No real estate Q: Are you acquainted with him sufficiently to say who his surviving heirs are? A: Walter and George Mailahn Q: They were related to him? A. Yes, brothers. Q: And the will named you as executor and are you satisfied to qualify and servce? A. Yes sir.
MARGARET MCCARTY, SWORN
Q: What is your full name? A. Margaret MCCarty Q: I show you what purports to be the last will and testament of Edward Mailahn. Is that your signature? A. Yes. Q: You saw Mr. Mailahn Sign it? A. Yes sir. Q: And hte other witness Miss Lottie MCCarty? A. Yes sir. Q: She was present at the same time? A. Yes. Q: Both of you saw Mr. Mailahn sign it? A. Yes sir. Q: You both signed in the present of each other? A. Yes sir. Q: At the time Mr. Mailahn made this will was he over twenty one years of age? A. Yes sir. Q: And of sound and disposing mind and memory? A. Yes sir.
Filed Nov 14 1914, Henry Kreiss, Judge
Page 19 and onward[edit]
Several papers
Additional standard pages of court, document covers, notice that B. J. Zuehlke was confirmed as Executor, copies of notices in the newspaper "Appleton Volksfreund", various receipts for funeral expenses, casket ($135); Steel Vault ($40); Ambulance ($15), private nurse at Riverview Sanatorium ($5.70), etc; one dozen carnations and 1 anchor ($2.55); Services at the Evangelical Church in Center ($5.50). Cancelled checks, etc.
A letter from Rev. M. Weber to Mr. Zuehlke asking for $5 reimbursement for attending to Edward several times over the course of four months at the sanitorium and also for conducting the funeral services.
