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Aaron Winters' estate papers

File

Information

Date

1901 to 1902

Description

This folder is from "Legal Records" file of the Sadie and Hampton George Papers (MS-00434)

Digital ID

man000407
Details

Citation

man000407. Sadie and Hampton George Papers, 1874-1944. MS-00434. Special Collections and Archives, University Libraries, University of Nevada, Las Vegas. Las Vegas, Nevada. http://n2t.net/ark:/62930/d1df6kf63

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Digital Provenance

Digitized materials: physical originals can be viewed in Special Collections and Archives reading room

Language

English

Format

application/pdf

Return after Ten Days to Benj. Sanders, ^ A t t o r n e y at Law, G) L incoln * THIS IS MRS. HELLEN STEWART'S .CLAIM* The Estate.of Aaron Winters Dr. * TO Hellen J Stewart. ' * 1694. ? , y * May 10, To 14 head of Qattle #250,00.* Aug. 15,1898,to Gash— ----10,00 * ti g5’ H « it-------i%---- 20,00 * ’ , #285,00 * Credits: . * May 15,1894, BY Cash #20,00 * November 22,1897, 15,00 ' f285,00 *? 155,00 55,00. * Balance------$-250,00 * ******************************************** F.R.Stewart's Claim. The Estate of Aaron Winters, D] To F.R.Stewart. Jariuary 25, 1894, ? March pn Mfnty * tf » tt If If tf ft Jtlne ii, 25, 5 10 II 15 14 15 15 17 26 8 2 sachs of barley 1 Hat Cash & Mdse Mdse Mdse. MC&aastehxfcslaaisax C ash Tobaco Cash Cash Mdse Barley Mdse Mdse If 11 1 tt 15 ii ti tt Cash Jlifle 2B Mdse Jhly . 28 Mdse Aug. 10 Mdse. tt 20 Mdse Oct 8 Mdse " fi 14 Mdse It 16 Mdse tt 17 Mdse It 23 Mdse February 10,1897,TO Order of Credits: 1894. March,25,By Cash April 50,» Beef #10.00 o -<y 5— 6 2- f O #5,00 5 . 0 0 '10,00 1 . 5 5 6 , 8 5 . 1 5 , 0 0 5.00 40 5 . 0 0 5 . 0 0 1 . 7 5 5 , 5 0 50 2 , 4 0 75 2 . 7 5 1.00 2 . 7 5 1 , 2 5 4 . 5 5 3 , 1 0 7 , 9 5 « 2,10 2 , 6 0 3 , 4 5 80 1 1 # 1 8 2 , 2 5 - ? # 2 7 2 , 9 5 / / m W M t s i i S i ? ie to Mr. sy t? H — >1 JL1X O W »1 X «»«i \ A f * W 3 U - v w J g r w j - || .u.-..--.' shoiild have been filed with the account. The same reasoning as to the #75^is also good as o the E . Pluer. "?'.'I''.-.' IV ’ ? m M None of those claims d r a w i n t e r e s t for the same reasons as above sta ted. You will b e j u s t i f i e d i n dissallowing all o f those claims. To Hampton E. George, Administrator of the Estate of Aaron Winters deceased.. In the District Cbyrt of the Fourth Judicial District in and for the County of Lincoln,State of Nevana. In the Matter of the Estate of Aaron Winters, Deceased. The undersigned,J,C Est4te af Aaron Winters.deceased,as follows,to wit: To balance due from and merchandise sold stance and request o McClanahan,hereby presents his claim against the said Aaron Winters upon an account for goods,wares and delivered to him by claimant at the special in-said Winters,at Sandy,County of Lincoln,State of Nevada,within four y$ars prior to the date of the death of said Aaron Winters.------------ #515,15. To amount paid by Claimant to A.E.Boys on or about February 15th,1900 at the special instance and request of said Y/inters,for work performed during the month of I'ebruary, 1899 ,by said Buys upon the Green Monster Mine in Lincoln County,State of Nevada------ ---------.------ - 75,00 To amount paid by claimant to E.Fleuer,at the special instance and re­quest of said Aaron ^inters,on July 19&ft,1900.------------- 40,00 #630,16. Interest from February 1st,1900,to January 15th,1902,at the rate of seven per cent per annum----:----- -— -------------------------— #70,00 Interest upon said sum of #75#,from February 15,1900,to January 15th, 1902,at the rate of sieven per cent per annum----— --------- 10,07. TO Interest upon said sum of $40#from July 19,1900,^o January 15th, 1902,at the rate of Seven per cent per annum----- ---f&:---- 4,25. I! |#84,90. To Prin.#630,l6. * In't. 84,90. 1715,06. You have a right to disallow the first account— »---- -— #515,16. for the reason that it,so far as is shown by their statement,is the balance of an open and running account. There is no jevidence showing that the account was ever stated,and the exact amount due agreed upon be tween the claimant herein and the deceased,during his lifetime. The law distinctly says that that all claims must be filed within three months,with the necessary vouchers,from the time of the first publication. By that it means,the voucher must consist of an account or statement taken from the blotter or day book of the Claimant,showing the transactions as they occurred. Day and date. Claimant simply saying that that amount is due,is no evidence that it is due. He simply saying that it is due,and being sworn to by him,to tha effect,does not improve it any in the eyes of the law-in this particular instance,his oath is no better than his declaration. The second item is not allowable for the reason,that by their own statement,it shows that the #75#due to Mr.A.E.Buys,is a debt that Mr. Winters,in his lifetime contracted with Mr.Buys. It is Winters 1 debt and not MCClanahans-hence it is barred by the statutes of frauds. The re­quest from Winters to MCClanahan to pay the debt must be in writing,and should have been filed with the account. The same reasoning as to the #75#is also good as o the #40#due to Mr. E .Fluer. None of those claims draw i n t e r e s t for the same reasons as above sta­ted. You will be justified in dissallowing all of those claims. To Hampton E. George, Administrator of the Estate of Aaron Winters deceased.. w H. 8 . Crocker <fc Co., Printers and Stationers, 42 and 44 J Street, Sacramento. In the District Court, Judicial District, in and for the County of A Lincoln, State of Nevada. In the Matter o f the Estate OF ( 1 ^ 2 , LETTERS OE ADMINISTRATION, Deceased. s f i n w \ F A \ D 4 ®i L i n c oi n * ? (... is hereby appointed administrates^,. of the estate of ^ t ^ deceased. Stam p . ] W m w m B ® , . 9 ^C&rfc^CheCi^rnet of the County of Lincoln^ witti^ecil of the Court affixed, the........ / f t ' day of .. ........ .....: A. I). W f f f o V , .A Court 71____ H___7_______O U- 7_ H /~ i - STATE OF NEVADA, County of Lincoln, f ss. EH County Clerk and Ex-officio Clerk of the Four|ppfn(llelal district Court, in and for said County of Lincoln and State of Ne­vada, do hereby certify that the foregoing is a full, true and correct copy of the original Hi HHH ' | .. now on file in my office. WITNESS my hand and the Seai^of said Court aforesaid, ......... day of A. D A §^ /" this Clerk of the Fou^tjf Judicial District Court, Lincoln County, Nevada, By..... ........... ........... ....... ....................... Depn^Vjn.ilerk. H. 8. Crocker & Co., Printers and Stationers, 42 and 44 J Street, Sacramento. f a t t e n o i In the District Court, -rrr*feh Judicial District, in and for the County of Lincoln, State of Nevada. In the Matter o f the Estate OF LETTEES OF AEMIHISTEAIIOH. Deceased. m m m m i m i , C o a n l f ©I . of the estate of (ffjL, . is hereby appointed, administratrices.......... ..............................................deceased. erlcd)} LBstomp.e] m r w r n m . . y the District Court of the County of ^irufotn^ witjffffecfl oftfhe Court affixed, the......^ J day o f^ /k ^ d f^ S ^ ....... .........A, D, W f- { a f , mBy order of the Court. ...Clerk* By................................................ ................. . Deputy Clerk. I Seal. J 3 t M i m 1 1 1 ss. C q w m w y q>f J k m m & w . ) I I do solemnly swear, that I will support the Constitution of the United States, and the Constitution of the State of Nevada,; and that I will faithfully perform, according to law, the duties of A d m in istra tes,.... of the estate of.... ................. deceased. Subscribed and sworn to before me, this' ^sldw y Qf\./fZ^df..i..... ...... A. \ I S S 2$n the 'SDistricf ®ourf OF TH E Seventh Judicial I N A N D F O R T H E County of Lincoln, State of Nevada. In the Matter of the Estate of y srs w m m m m Deceased, Dep. Clerk. I a 151 PIOCHE NEVADA,March 8,1902. Mr. H.E.peorge, Los Vegas,Nevada. Dear Sir: In closed you will file a copy of John McOlanahan's hill as it is filed by the Hearst people: I have written down the objections you should make to it. Consider them and let me know what you think of it. I also send you a copy of Mrs. Stewart's bill also P.R.Stewart's bill Those are true copies of the bills,and I whauld like if you will^for you to make your objections to them,and write to me,and I will put your objections in ttpe,and have them ready, I intend1to do all of'the work I can before the Court convenes,so that I will not be hurried. When you disallow a bill,the reasons why you do not allow it should be written out and attached to the bill,then it is submitted to the Judge,arid it he thinks your objections are good he will sustain you,if he thinks otherwise he will overrule you. That California bill should not be allowed uponjthe showing they make. Winters died in California,he had an estate there,which was adminis­tered upon,perhaps this bill was allowed and paid there,there is no­thing on the bill showing that it was not. I received a letter from the Judge,Court will open here on the 17. of next month,April. Yours very truly,