following
her death on 2nd November 1935
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ORIGINAL
In the Superior Court of the State of California, in and for the County of Sonoma
In the matter of the estate )
No. 12454
of ) R M Barrett Attorney
Augusta Cecil Collett deceased ) Santa Rosa, California
PETITION FOR PROBATE OF WILL AND CODICIL
THERETO
In the honourable of the Superior Court of the State of
California, in and for the County of Sonoma, the petition of Fred W McConnell
of the County of Sonoma respectfully shows:
That Augusta Cecil Collett died testate on the 2nd
day of November 1935 at and in the City of Santa Rosa and at the time of her
death was a resident of said county and state, and left estate herein
consisting of personal property;
That the estate and effects for or in respect of which the
probate of the will and codicil thereto, herein after mentioned and herein
after applied for, exceeds in value the sum of ten thousand dollars
($10,000.00);
That said deceased left a will, bearing date the 15th
day of March 1934, together with a codicil thereto, bearing date the 10th
day of October 1934, and which said will and said codicil your petitioner
believes, and therefore alleges to be, the last will and testament of the said
Augusta Cecil Collett, deceased, and which said will and codicil are herewith
presented to the Superior Court;
That the heirs at law and next of kin of said deceased are
as follows, to-wit:
LEONORA JULIA COLLETT, a half sister, over legal age,
residing and having her post office address at Bury St Edmunds, England; and
JOH ANTHONY COLLETT, a half brother, over legal age, residing and having his
post office address at Vashon, Washington
That the legatee named in said will and codicil of said
deceased are as follows, to-wit:
The above named half sister and half brother of said deceased, whose post office addresses and places of residence are as above set forth; Mrs DAWSON DIXON, over legal age, residing and having her post office address at 750 Mendocino Avenue, Santa Rosa; JESSIE RICHARDSON, over legal age, residing and having her post office address at 715 Spring Street, Santa Rosa; HATTIE DOBELL, over legal age, residing and having her post office address at 576 Mendocino Avenue, Santa Rosa; VESTRY OF CHURCH OF THE INCARNATION OF SANTA ROSA, post office address 560 Mendocino Avenue, Santa Rosa; R M BARRETT, over legal age, residing and having her post office address at 1127 McDonald Avenue, Santa Rosa; and FRED W McCONNELL, over legal age, residing and having her post office address at 424 Center Street, Healdsburg, California.
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That the subscribing witnesses to the said will dated 15th day of March 1934, are Eloise Lathrop Seaton and Elwyn D Seaton, both residing at Santa Rosa; and the subscribing witnesses to the said codicil dated 10th day of October 1934, are Nancy Nader and Chauncey M Foley, both residing at Santa Rosa; that at the time said will and said codicil were executed as aforesaid, the said testatrix was over the age of eighteen years, to-wit, of the age of eighty-seven years or thereabouts, and was of sound and disposing mind, and not acting under duress, menace, fraud or undue influence, and was in every respect competent by last will to dispose of her estate;
That said will and said codicil are in writing, signed by the said testatrix and attested by said subscribing witnesses, at the request of the said testatrix, subscribing their names to said will and said codicil in the presence of the said testatrix and in the presence of each other, and that your petitioner is advised and believes, and therefore alleges that at the time of attesting the execution of said will and said codicil the said witnesses were and now are competent;
That R M BARRETT, named in said will as one of the executors thereof, has in writing waived his right to act as such, and has requested this court to make its order herein appointing your petitioner to act as sole executor of said will and codicil; that your petitioner consents to act as such executor; and that said waiver is herewith filed in said Superior Court.
Wherefore your petitioner prays that the said will and said codicil thereto may be admitted to probate as the last will and testament of the said Augusta Cecil Collett, deceased, and that letters testamentary issue to him, and that for that purpose there be appointed a time and place for proving the said will, and that all persons interested by notified and directed to appear at the time appointed for proving the same; and that all proper and necessary orders may be made as necessary in the premises
Dated this 5th day of November 1935.
Respectfully (signed by) Fred W McConnell, Petitioner
(countersigned by) R M Barrett, Attorney for said Petitioner