Theodore Turley’s 1872 Probate Record

[Page 1]

To the Probate Court of Beaver County, Utah Territory
Territory of Utah
City and County of Beaver

Be it remembered that on the
30th day of July a.d. 1872 in pursuance of an act
of the Legislature of the Territory of Utah Entitled an
act in relation to the Estate of decendant approved March
3rd a Special Term of the probate court was begun and
held at the hour of 10 OClock. of that day at the Telegraph
Office in the City and County aforesaid present his honor
John R Murdock presiding judge of said probate court
John Hunt Sheriff of the aforesaid County

Attest

Wm. Fotheringham Clerk

Be it Known that afterwards to wit on the
day and year above mentioned the Said Court
having been duly declared open according to Law
the following proceeding herd

In the Matter of
the Estate of
Theodore Turley deceased

Petition for
and appointment
of administration

To the Hon John R Murdock
Judge Probate Court of the County of Beaver

The Petition of Omner
Turley Respectfully shows that Said deceased
At the time of his death was a resident of Said
County of Beaver and Territory of
Utah and left Estate in Said County
Consisting of mining property worth probably

[$151.00?], That Said deceased also left
Mining Property in Pioche Lincoln
County Nevada Amounting
in Value of 100 [110/11?]

That Said deceased also left
Personal Effects in Said County

[Page 2]

The Probate Court of Beaver County Utah Terr

of Beaver which have been Amicably
divided as per will among the Heirs
That the Estate—for which the probate
of the will herein after mentioned
is herein after applied for—
and for Which Letters of Administration
is asked does not Exceed in value $300.00

That Said deceased left
a will bearing date of
1872 now in Said petitioners
possession which your Petitioner
Alleges to be the Last will and
Testament of Said deceased and
Which is herewith presented
to Said Probate Court

That no one is therein
named as the Executer
Thereof—Surviving and Devisees.

That the Heirs mentioned
in Said will are Ruth Jane
Turley widow of deceased aged
fifty nine years – Jacob Omner
Turley aged 19 Years. Frederick
Turley aged 39 years Stephen
Franklin aged 42 years.

That at the time Said
Will was Executed the Deceased
Was of Sound mind

That Said will is in
writing Signed by Said Deceased
in the presence of
[Blank]

Whereon your Petitioner
prays that Said Will be admitted to
Probate and that Letters of Administration
be issued to your petitioner
and that for that purpose your Hon

[Page 3]

In the probate court of Beaver County Utah Terr

Will appoint a day of Court and
Cause the Clerk there of to post
notices to that Effect

And your petitioner
will Ever pray &c

Dated 29th July A D 1872

Signed Jacob Omner Turley

In the Matter of the
Estate of Theodore
Turley Deceased

By
Order of the Court

A document purporting
to be the Last will and Testament
of the above deceased having on the 29th day
of July A D 1872 Came with the [possession?]
of the Probate Court of Beaver
County and a petition for the probate thereof
And for the [?] to admit
[will?] to Probate [Note: these words are written over “Letters of Administration”]
to Jacob Omner Turley having
been filled—

It is Ordered that
Saturday the third day of August
1872 at 10 OClock A M be Set as the
time for proving Said will and hearing said
application – when and where
all parties interested may
appear and contest the
same.

It is further ordered that notices be posted
in three different places by the Clerk
of Said Court dated July 29th 1872

John R Murdock probate judge

[Page 4]

1872 [?] Term
August 3rd

Probate Court of Beaver County
Hon John R Murdock Judge-

In the Matter of the Estate
of
Theodore Turley

Order Admitting will
to Probate –

The Petition of Jacob Omner
Turley praying for Will to be Admitted to Probate of
the Estate of Thedore Turley a certain document filed
in this Court purporting to be the last will and
testament of Thedore Turley, and that letters testemantary
be issued to said petitioner, this day regularly [coming?]
in to be heard. Inasmuch as the will is not valid, having
no[?] signature of the testator, nor signed by witnesses
The said petitioner being legally competent to act
and is the son of said deceased, and is the choice of
all the heirs to act in this matter, the court will [?]
you letters of Administration.

And that the personal property and real Estate does
not exceed three hundred dollars, or thereabouts
and no person interested in said estate appearing to
contest the application of the said petitioner
It is ordered that Letters of Administration
of the Estate of the said Thedore Turley issue to the
Said petitioner Jacob Omner Turley, by his taking
the [rath?] and filing a bond according to law
in the sum of six hundred dollars

dated Aug. 3rd 1872

J R Murdock Judge.

In the matter of the Estate
of
Theodore Turley Deceased

Jacob Omner Turleys
Bonds

Know all men by these presents that we
Jacob Omner Turley of the City of Beaver County
of Beaver and Territory of Utah as principal and
John W. Christian and Robert Keys Senior
Of City County and Territory Aforesaid as sureties

[Page 5]

1872 [?] Term
August 3rd

Probate Court of Beaver County
Hon J R Murdock Judge

are held and firmly bound to the Heirs of the Estate
of Theodore Turley deceased in the penal sum of six hundred
dollars lawful money of the United States of America
to be paid to the Heirs of the Estate for which pay[ment?]
well and truly to be made we bind our selves
our heirs our Executors and administrator
jointly and severally, firmly by the present
sealed with our seals and dated this third day
of August A D 1872

The Condition of the above obligation is
such that where as by an order of the probate
Court in and for the County of Beaver Territory
Aforesaid duly made and Entered on the third
day of August A D 1872 the above bounden Jacob
Omner Turley was appointed Administrator of
the Estate of Theodore Turley deceased and letters of
Administration were directed to be issued to him
upon his Executing a bond according to law
in said sum of six hundred dollars Now
therefore if the said Jacob Omner Turley as such
Administrator shall faithfully execute the duties
of the trust according to law then this obligation
to be void otherwise to remain in full force
and Effect

Signed seald and
delivered in the presence
of

Jacob Omner Turley
Jno Ward Christian
Robert Keys

Territory of Utah
City and County of Beaver

The surties mamed in the [above?]
Bond being duly sworn each for him self says
that he is a free holder resident within Said
Territory and Each is worth the sum of three
hundred dollars over and above all his [?]  

[Page 6]

1872 [?] Term
August 3rd

Probate Court of Beaver Co
Hon J R Murdock Judge

and debts exclusive of property [exhamp?] from Executor

subscribed and sworn
to before on this third
day of August A D 1872
William Fotheringham
Clerk

In the Matter of the Estate
Of Theodore Turley deceased
Territory of Utah
County of Beaver

Letters of Administration

John R Murdock Judge of
Probate for Said County of Beaver
To Jacob Omner Turley of the City and County of
Beaver Territory of Utah Greeting

Whereas Theodore Turley lately to wit on the Eighteenth
day of August died intestate as it is said having while
he lived and that the time of his death goods chooses
in action and Estates rights and credits within said
County and in Pioche Lincoln Co Nevada – now therefore
I John R Murdock Probate Judge as aforesaid hereby do
Grant unto you Jacob Omner Turley full powers to administer
the said goods chooses in action Estate and rights and
Credits which were of the Estate of the Said deceased.
And to ask and receive every and recover the Credits
whatsoever of the deceased which were at his death
owing to him or did in any way belong to him and to pay
the debts in which the Said deceased stood obliged so far
as the property of Said Estate will Extand according to the rate
and the order of the law and I do hereby require you the
Said Jacob Omner Turley well and truly to administer the
Estate of the said deceased according to law and diligently
and faithfully to regard and Comply with the law of
Inheritance saving harmless me and all other
officers against all persons by reason of your
administration aforesaid and saving all others their rights

[Page 7]

1872 [?] Term
August 3rd

Probate Court of Beaver Co
Hon J R Murdock Judge

In Testimony whereof I have Caused
The seal of said Court to be affixed
dated at Beaver City in Said County
the third day of august A D 1872

Territory of Utah
County of Beaver

I do solomly swear that
I will support the Constitution of the
United States and the laws of this Territory
And that as administration of the Estate of
Theodore Turley Deceased I will well and truly
Administer the goods chooses and in actions
estate rights and credits of Said Estate
According to law to the best of my knowledge
and ability so help me God

Jacob O Turley

Subscribed and
sworn to before me
this third day of august
A D 1872
Wm Fotheringham
Clerk