Shelby - Harry Orth
Source: Oklahoma US Wills Case File 486, 1904
I, Harry Orth Shelby being of sound mine and memory but knowing the uncertainty of human life, do now make and publish this my last will and testament that is to say: that Ambrose Remley of Crawfordsville, Ind if living if dead Mr. John Simler of Oklahoma City Oklahoma Territory shall be appointed administrator and shall have charge of my estate which shall be sold, after all indebtness have been paid one thousand dollars shall be given to Park College Parkville Ind ? to be used as a scholarship. One thousand to be given to Moody Bible Institute, Chicago, Ill. $1500 to be given to my brother MC Shelby 1904 Maple Court Kansas City Mo $1500 to be given to Mrs. Annis Dewey Shelby New Richmond, Ind. After the above amount has been divided to the above paraties one half the remaining of my property or money shall be given to my beloved daughter Miss Edna Shelby, New Richmond, Ind. And the other half of the money shall be given to the Harrison Ave Church Oklahoma City O Territory. Mrs. Annis D Shelby shall act as administrator of the estate of my daughter Edna until it shall be paid into her hands. Harry Orth Shelby
Note: Ambrose Remley declined and suggested Evan S. Shelby oldest brother of the deceased be appointed permanent admin of said estate.
The next of kin and heirs at law are Edna Shelby, dau New Richmond Ind
Evan S. Shelby
MC Shelby Kansas City, Mo
John B. Shelby Indianapolis Ind
Evan S. Shelby – bond of $10,000
Your petitioner the admin with the Will annexed of said estate respectfully shows to the court that during the life time of said deceased towith on the 16th day of Feb 1903 the dec contracted with the Arkansas Building & Loan Assn at Little Rock Ark for a large amount of stock in said Assn. That said dec paid into the Ark B&L in the neighborhood of $1900 on said stock and premiums. He was unable to keep up the payments of the premiums on said stock and that on or about 16 16 Feb 1904 the deceased order his stock cancelled and in accordance with rules & regulations of said Assn offered this deceased about $1500 in full, settlement of said stock retaining from the face of the money paid in in the neighborhood of $3500. That during the life time of said dec the settlement was refused and said deceased refused to accept the sum of $1500 in payment of said stock. Your petitioner further shows to the court that no suit has been filed by the dec in his life time to recover the amount claimed by him from the assn. That on account of the death of said HOS deceased the estate is unable to procure testimony necessary to prosecute this action against this said Assn. Wherefor your petitioner prays the court for an order authorizing him to make such settlement with said B&L Assn that may be best and proper in the premises. And your petitioner further shows that he believes that he is not in a position to prosec an action against said assn. Wherefore he prays he be ordered and authorized to immediately make such settlement with said Assn as he may be able to do to the best interest of said estate. Evan S. Shelby Admin with will annexed.
Court gives permission
Exempt personal property
No 1 – One organ and attachments $25
2 – one lot of books $10
3- two suits of clothes $10
4 Traveling bags $2
5-One small ladies watch $5
Two trunks $2
14 Oct 1904 – all wrapped up BE Emmons; J M Owen ; Joe H. Herr appraisers
Your petitioner Evan S. Shelby, guardian of Edna Shelby (daughter of Harry Orth Shelby) respectfully shows to the court that he was duly appointed guardian of said Edna Shelby in the Circuit Court of Montgomery County in the state of Indiana on 8 Sept 1904 and that he has duly qualified and letters of guardianship has been granted and issued to him; that Edna Shelby is the minor heir of Harry Orth Shelby, deceased and your petitioner now makes application to this court by petition for an order setting apart for the use of said minor heir Edna Shelby of said deceased all the personal property of said estate which is by law not deemed assets and exempt from execution which personal property is fully enumerated in the inventory set out by the appraiser (see above)
Also asked for $25 per month out of any funds that may be in his hands belonging to the estate be used to maintain said child.
He appointed George Eacock of Oklahoma City as his lawful agent if anything else came up with the estate
Claims against the estate
Colcord & Shipp Fire Insurance $17.12
Dr JA Ryan $20
Dr WJ Boyd $123
Westfall Drug CO $40.65
RM Eacock & Co Fire Insurance $15.60
ML Smith Fire Insurance $12.40
Ivy Laundry Co for work during last sickness $7.40
Street & Harper undertakers $234.25
Wherry & Sullivan $1.00
WM Jones livery for funeral $9.00
Court Costs $20
Fred Wenner rent for school land lease $125
Your administrator further shows the court there are other claims of long standing that in the judgment of the admin should also be paid at this time and set out more fully:
Eastland Bros $54.40
SP Paddock $49.85
AM Hughes $15.25
Charles S. Woodsworth $22
Johnston & Larimore Hdr Co $9.04
Times Journal $2.57
RE Seaman Labor on Farm $159.10
McCredie Hdr Co $14.75
Okla Duck & Rubber Co $3.50
All claims ordered by the court to be paid
Asks for a private sale for other properties – wheat, corn, sweet potatoes, hay, automobile, threshing machine …
that the sale of personal property in the judgment of your admin should not include that portion of the personal property belonging to said estate now situated in what is known as the Western Hotel in Oklahoma City (?)
Back to the Ark B&Loan Assn – he has made settlement of said claim - $1571 the best settlement obtainable
Inventory of property in the Hotel
Bed Springs
Room 5, 6, 7
Office – 1 counter; 1 clock; Office lenolium (sic); 6 office arm chairs
Upstairs – 3 comforters
Parlor – 1 dresser and commode and parlor carpet on floor
1 carpet on floor
1 dresser
1 carpet on floor
1 carpet on floor
6 iron bed mattress springs, 1 comforter, 2 pillows, 2 sheets, 1 wash stand 1 wash bowl & pitcher; 1 lamp
1 dresser; 1 commode; 1 wash bowl & pitcher; 1 chamber; 1 carpet on floor
1 combination dresser 1 wash stand bowl and pitcher
1 iron bed and springs; 1 dresser; 1 commode; 1 wash bowl/pitcher; 1 comforter and 2 pillows
Impossible to put value on said pieces therefore your appraisers make a lump value on same at $2500
More personal property in Hotel
Kitchen 242 side dishes – 60- plates and pie plates 18 coffee cups – 1 cream pitcher – 4 sugar bowls – 5 cheap glass lamps – 2 kitchen work tables
Dining Room
Dining room side board
1 small dining room cupboard
1 extention dining room table
6 dining room chairs
13 cheap chairs
Room 1
1 lamp 1 chair
Room 2
1 bed spring
Room 3
1 chair
Again impossible to put … $25.00 – one above may be $25.00 vs $2500 but goodness even in that time doesn’t seem near enough
Property
Lot 24, Block 32, Oklahoma City $5000.00
Undivided ½ interest in Lots 5,6,7 Block 51 OC $7000
Lot 28, Block 23 OC - $800
Lots 31,32,33 Block 7, Military Addition OC - $3500
Lots 1,2,3,4, and part of 25 and all of lots 26,27 in block 15 – Maywood addition to OC $3250
Lots 19, 20 in Block 2, Edwards Boulevard addition $3250
Lots 14,15,16 Block 15 Parker & Colcord’s Addition OC - $800
Lots 11,12, Bloc 12 P&C addition $300
Also undivided ½ interest in all of Block 1 – P&C addition consisting of 21 lots $1575
The undivided ½ interest in school lease in OC $900
$32575.00 (quite a bit of $ for the times)
Total amount of cash $1579.12
Personal property in Hotel $25
Other personal property not exempt $655
Total pers proper except and turned over to Edna Shelby minor heir of Harry Oath Shelby $54
Total amount $32575 appraised values of Real estate
One office Deck and office chairs and two small chairs omitted $25
Total $34,913.12
$4.50 advertisement in the Ok Post
Comes now the Harrison Ave Congregational Church of OC – attorneys Fred Caldwell and John R. Thompson and objects to the annual report and account of Evan S. Shelby admin with Will annexed in said above – Relator excepts and objects to the form and subst of said report – does not give dates the said several sums of money with which the said admin has charged himself therein came into the hands of said admin with Will annexed – Numbers 1 – 69 both inclusive were made … - what has made with the moneys of said estate coming into his hands
Relator expressly objects to item of disbursement named and referred to in said annual report Accot 57 sum of $85.00 for the reason that neither said item nor any part thereof is a true and just claim and just claim against said estate. 3. Realtor objects to item of disbursement named and referred to in said annual report and account as No 59 for the sum of $90 for the reason that said item nor any part thereof is a true and just claim …4,, Realtor objects No 65 for sume of $100 …
Relator expressly objects to ANY distribution being allowed or part payment made on any one of the following alleged claims against said estate for the reasons hereinafter stated towit:
Comm Natl Bank $175; 600; 400 and $1250 – claims of Western National for $700; 400;200 and $1000 and claim of State National Bank of $165 claims of Stella Fort Simler for sums of $1800; 200 and 1000; claims of DA Duncan for sums of $250 and $39.15 and claims of L Overholser & Newton Avey for sum of $950 and claim of Times-Journal printing for $242.80 and the claim of the Amer National Bank of Lafayette In for $1200 and claim of Melissa E. Shelley (Shelby?) for $1102 for the reason that said claims and neither of them have not bee indorsed and allowed by the probate judge of Oklahoma County Territory of Oklahoma …
Relator further objects claims of Western National Bank for … 14th April 1905 were by and admin with will annexed expressly rejects on the 22nd day of April 1905 as more fully appears from the indorsements thereon wherefore each and every one of said claims are now forever barred by the statute of limitations. Wherefore your relator the Harrison Ave Congregational Church of Ok City prays that said annual report and account of said Evan Shelby admin with will annexed of the estate of Harry Orth Shelby dec be by this court absolutely refused and rejected and that the said admin with will annexed be by the court required to file another annual report and account which shall in all respects conform to the conditions herein above indicated and set forth in Paragraph 1 hereof – Harrison Avenue Congregational Church – attorneys – signed
Evan S. Shelby, admin of above estate will annexed respectfully shows to the court that on the 21 April 1904 dec executed and delivered to Charles C. Robinson his note for $2000 secured by mortgage on Lot 24 in Block 32 in the original plat to OK City
Admin asked to be able to sell said school lease to the best advantage to the estate
Other real estate business
Annis Dewey Shelby asks that the administrator be able to sell the real estates owned or mort by said dec. and pay the expenses of the estate.
He proved that he gave the check and it was okayed and signed off by the Harrison Ave Congregational Church attorney
Note: Toward the end of this huge probate it notes that Mrs. Annis Dewey Shelby is the divorced wife of the deaced, New Richmond, Ind and Edna their daughter.
Other property appraised
12-horse power traction N&S Engine
Drive-belt 150’ long
Separator
Lot of belting
Weigher and Cycle
Stacker
With notes Ernest Doberenz and Peter Gideon purchased such
He wished to reconstruct the chimneys in the building owned by said estate and occupied as a hotel
Note: I gave up on this – wanted to get a total but I read for two hours and I don’t think I made a dent so gave it up but it was sure interesting. Seems like a couple of the places were trying to cheat the estate or Evan but he was pretty smart. Then again I gave up so who knows 😊 Note – there was over 1000 pages going through the end of 1906 and never did see a total