HomeMy WebLinkAbout; |Magee, Florence Shipley|; 75-002413; Propertyr.
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(SPACE BELOW FOK FILING STAMP ONLY)
WALWrCK 0: READY
ATTORNEYS AT LAW
32Z NORTH NEVADA STREET
POST OFFICE BOX 701
OCEANSIDE. CALfFORNlA 920S4
AREA CODE 714
TEUEPHONE 722-4221
IL
DEC 2 0 1974 I
^
JESSE OSUNA, Clerk
Atloraeys for_ Executor DEPUTY
RECORDED:
FILE/PAGE No. 75-002413
V • BOOK 1975
RECORDED JANUARY 6, 1975
Official Records of San Diego, Calif,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
Bstate of
FLORENCE SHIPLEY HAGEE
also known as
MRS. HUGH HA6BE,
COUNTY OF SAN DIEGO
PH 3416
Deceased
JUDGMENT SETTLING FIRST ACCOUNT
AND REPORT OF EXECUTOR FOR
ALLOWANCE ON ACCOUNT OF STATUTORY
AtTORNBY'S PEES AND EXECUTOR'S
COMMISSION AND FOR PRELIMINARY
DISTRIBUTION
BANK OP AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
a national banking association, aa Executor of the Will of
FLORENCE SHIPLEY MAGEE, also known as MRS. HUGH MAGEE, Deceased,
having filed herein a first account and report and petition for
settlement thereof and for allowance on account of statutory
Executor's coranlssion and statutory attorney's fees and petition
for preliminary distribution, and the petition coming on this
day regularly for hearing, the Court finds:
That due and legal notice of the hearing of petition and
of the settlement of the account has been regularly given for the
period and in the manner reguired by law.
The account and report of the Executor is full, true and
correct and all of the allegations of petition for ite settlement
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are true. The account should be settled, alloi?ed and approved as
filed and all the acts and transactions of the Executor relating
to the matters set forth in it should be ratified, confirmed and
approved.
Notice to Creditors has been published for the period and
in the manner prescribed by law. Within 30 days after completion
of publication of NOtice to Creditors, there was filed with the
Clerk of the Court an Affidavit showing due publication of the
Notice to Creditors in the amount and form required by lav.
More than four (4) months have elapsed since the issuance
of Letters Testamentary in this estate and since the first publica-
tion of notice to creditors, and the tima for filing or presenting
claims has expired.
All claims against the estate have been paid or are
sufficiently secured.
The estate is but little indebted.
The Califomia Inheritance Tax has not yet been determined
by this Couart. That the sum of $9500.00 has been paid on account
of the tax, as evidenced by the receipt of the Treasurer of the
CoTinty of San Diego, State of Califomia, on file herein, A
written consent of an Inheritance Tax Attorney has been given to
the distribution hereafter made.
A federal estate tax retum has been filled for this estate
and the tax there shown to be due has been paid. The retum has
not yet been audited.
Although'.the estate is not now in a condition to be closed,
there may be distribution at this time, without loss to the
creditors or injury to the estate or any person interested in it,
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the property described below in accordance with the decedent's
Will and allowance may be made on account of statutory fees and
commissions as hereinafter set forth.
The distribution may be made without requiring the
distributee here named to execute a bond payable to the executor.
IT IS ORDERED AND ADJUDGED that the first account of
BANK OF AMERICA TRUST AND SAVINGS ASSOCtATION, a motional banking
association, as Executor, ia settled, allowed and approved as
filed and all acts and transactions relating to the matters in
that account and report set forth axe ratified, confirmed and
approved} there is allowed to BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION, as Executor on account of statutory
commissions, the sum of $12,085*00 and the Executor is authorized
to pay on account of statutory attomey's fees, to ROBERT S.
WALWICK, petitioner's attorney, the sum of $12,085.00; and there
is to be distributed to the following persons, the property
described below{
(a) To Hrs. J. Meredith Gerow, also known as
Estelle Gerow the sum of $5,000.00
(b) Tp Barbara B, Walwick all furniture, furnishings,
and personal effects which were appraised at
$16,602.00
(c) 70 James B. White, D.V.M. and Cdbherine T,
Martin, jointly, the sum of $1,000.00 and
all animals and birds found at 258 Beach
Streiat, Carlsbad, California*
(d) To Humane Society, Inc. Oceansdder California
the sum of $3,000.00,
(e) To Pelton P, Mouras, Animal Protection Institute
the sum of $5,000»00.
(£) To Reverend Andrew D. Milstead the sum of
$5,000.00.
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(h)
(i)
(j)
(k)
To Catherine T, Martin, the sum of ^20,000.00
cash.
To James B. White, D.V.M. the sum of $5,000.00
cash.
To Rejino Bomllla, the sum of $20,000.00 cash.
The proceeds of the sale of property known as
2747 Carlsbad Blvd., Carlsbad, Califomia,
distributed as follows: (Total proceeds $95,000
less expenses $1,243.74 •> net proceeds $93,756.26)
(i) St.Michaels Church by the Sea
l/7th of proceeds 13,393.75
(ii) Mt.Calvary, Order of the Holy
CROSS, l/7th of proceeds 13,393.75
(iii) St. Jude'a Home, l/7th of proceeds 13,393.75
(iv) St. Francis Boys' Home,
l/7th of proceeds 13,393.75
(v) Poor Sisters of the Nasareth
Orphanage, l/7th of proceeds 13,393,75
(vi) Episcopal Church for Children
l/7th of proceeds 13,393.75
(vii) St. Labre Indian School
l/7th of proceeds 13,393.75
To the City of Carlsbad, California, real property
known as 258 Beach Avenue, Carlsbad, California,
and described as followss
All of Block 3 of Carlsbad, in the City of Carlsbad,
County of San Diego, State of Califomia, according
to Map thereof . No. 775, filed in the Office of the
County Recorder of said County, February 15, 1894,
excepting therefrom that portion described as follows:
Beginning at the most Westerly corner of said Block 3|
thence Southeasterly along the Southwesterly line of
said Block 80 feet; thence Easterly to a point in the
Norhterly.line of said Block distant thereon 190 feet
Easterly from the POINT OF BEGINNING thence Westerly
along said Northerly line be^ng also the Southerly
line of Granville Park No. 2, according to Map thereof
No. 2307 filed in the office of the County Recorder
of said County, 190 feee to the POINT OF BEGINNING.
(1) Partial distribution of the residue to Humane Society
of the United States, California. Braiich, Sacramento,
California, the following items:
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(i) Id shares of the $1.32 oonv,preferred Series B,
Stock of BORDEN, SIC.
(ii) 162 shares of the $3 preferred cum.conv.
stock of FARMERS GROUP, INC.
(iii) 100 Bimreaof the 5.50% cum.non-redeemable
first preferred stock of PACIFIC GAS «
ELECTRIC COMPANY
(iv) 659 shares of the 6% cum.oonv.non<^redeemable
first preferred stock of PACIFIC GAS
ELECTRIC.
(v) 2 shares of the capital stock of
BANKAMERICA CORPORATION
(vi) 516 shares of the capital stock of
TRANSAMERICA CORP.
(vii) Trust Deed Note executed by Augustine
Prasciunas and Patricia R. Prasoiunas dated
Jemuary 20, 1972^ original amount $10,500.00,
7% doe March 22, 1975
Balance as of 11/14/74 $3,789.16
IT IS FURTHER ORDERED AND DECREED that the requirement of
a bbnd :from any distributee above named is dispensed with.
DATED: DEC 2 0 1974
F.. V. LOPAEDO
JUDGE OF THE SUPERIOR COURT
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