Transcription

LAST WILL AND TESTAMENT OF MICHAEL JOYCE

Dated Aug. 18, 1914

Filed for safe keeping Aug. 20, '14

A. F. Sene?????, Clerk



Opened and publicly read by me this 8th day of October 1914

F. W. Coolu..., Co. Judge





WILL



IN THE NAME OF GOD, AMEN: I, Michael Joyce, of Redfield, in the County of Spink and State of South

Dakota, being of sound mind and memory, and considering the uncertaintly of this frail and transitory life,

do therefore make, ordain, publish and declare this to be my last will and testament.



First -- I order and direct that my executors hereinafter named pay all my just debts and funeral espenses

as soon after my decease as conveniently may be.



Second -- It is my will and intention that my beloved wife Catherine Joyce shall have the use and control

of all my real property during her natural life time, if she survive me, the same as I have during my lifetime

and possession of the same. And I hereby give and bequeath to her all my personal property of

whatsoever nature and wherever it may be situated, for her own use and benefit and to be disposed of by

her as she may deem best. Provided however that she shall pay for the funeral expense, and the

expense of last sickness and administration out of the property on hand, other that household goods, if

any such property remains at my death.



Third -- I give and devise to my son John Joyce, his heirs and assigns, the Northeast Quarter of section

Eighteen, township One Hundred Fifteen, North, range sixty-six, West of the Fifth P.M. in Hand Co., S.D.

together with all the appurtenances thereunto belonging; to have and to hold the same to him, the said

John Joyce, his heirs and assigns forever. Subject to the life estate, use and control of said property by

my wife Catherine Joyce, if she should survive me.



Fourth -- I give and devise to my sons and daughters: Patrick Joyce, Michael E. Joyce, Mary Ann Roche,

Rose A. Currier, James Joyce, Frank E. Joyce, Joseph F. Joyce, and Lizzie Fallon, their heirs and

assigns, the Northwest Quarter of Section Eighteen, Township One Hundred Fifteen, North, Range

Sixty-Six, West of the Fifth P.M. in Hand Co., S.D. and also, Lot Six, Block Four, in the City of Redfield,

Spink Co., S.D. together with all the appurtenances thereunto belonging; to have and to hold the same to

them, the above named sons and daughters their heirs and assigns ....(missing)....of my said property by

my wife Catherine Joyce, if she should survive me.



Fifth -- I give and bequeath to my sons and daughters, except John Joyce, all the rest, residue and

remainder of my property, real and personal, their heirs and assigns forever, in the event that my wife

Catherine Joyce does not survive me.



Sixth -- I hereby constitute and appoint my sons, Michael E. Joyce and Frank E. Joyce, to be the

executors of this my last will and testament, and it is my wish, and I do hereby request that they many not

be compelled to give any bond as such executors. And in case of the death of either of them the other

may act as sole executor, of his, my said will, hereby revoking all former wills by me made.



IN TESTIMONY WHEREOF, I have hereunto subscribed my name the 18th day of August, in the year of

our Lord 1914.



Michael ?. Joyce (signature)



This instrument was, on the day of the date thereof, signed, published and declared by the said testator to

be his last will and testament in our presence, who, at his request, have subscribed our names thereto as

witnesses, in his presence and in the presence of each other.



A. F. Labrie, Residing at Redfield, S.D.

P. B. Labrie, Residing at Redfield, S.D.



********************

State of South Dakota,

County of Spink ss In County Court



In the matter of the Estate of Michael Joyce, Deceased: Notice of Time Appointed for Approving Will, Etc.



The State of South Dakota sends Greetings to John Joyce, Patrick Joyce, Michael E. Joyce, James

Joyce, Frank E. Joyce, Joseph F. Joyce, Mary Ann Roche, Rose A. Currier, Lizzie Fallen and Catherine

Joyce, heirs next of kid of Michael Joyce, Deceased.



Pursuant to an order of said Court, made on the 16th day of October, A.D. 1914 notice is hereby given

that Saturday the 7th day of November A.D. 1914 at ten o'clock A.M., os said day, at the Court room of

said Court, at Redfield, in the County of Spink has been appointed as the time and place for proving the

Will of said Michael Joyce (also known as Michael Joyce Sr.) Deceased, and for hearing the said petition

for probate thereof and the issuance of Letters Testamentary therein, when and where any person

interested may appear and contest the same



Dated at Redfield, South Dakota, this 16th day of October, 1914.

By the Court,

F. W. Coolidge (sig), Judge of the County Court.

Attest: A. F. Se?e?lal (sig), Clerk of the County Court



Wm. Issenh??h, Atty for Petitioners



********************



State of South Dakota, County of Spink



At a County Court held in and for Spink County and State of South Dakota at the office of the Judge of

said Court, in the City of Redfield in said county, on the 16th day of October A.D. 1914.



PRESENT: Hon. F. W. Coolidge Judge of the County Court. In the matter of proving the last Will and

Testament of Michael Joyce, Deceased: ORDER SETTING DAY FOR PROBATE OF WILL.



On reading and filing the verified petition of Wm. Issenhuth propounding for Probate a paper purporting to

be the Last Will and Testament of Michael Joyce (also known as Michael Joyce Sr.) late of city of Redfield

in Spink County, State of South Dakota, deceased, setting forth that said Last Will and Testament relate

to both real and personal estate, and naming the heirs at law and next of kin of said deceased, said

petitioner being requested to make said Petition by Executors and heris of said deceased, and praying

that said Will may be proved and allowed as the Last Will and Testament of the said Michael Joyce,

deceased, and that letters testamentary thereupon issue to Michael E. Joyce and Franke E. Joyce, the

Exector named in said Last Will and Testament, and who has consented to act as such Executor when

duly appointed, and that a citation issued to the subscribing witnesses to said Last Will and Testament,

requiring them to appear and testify in relation to the execution of said Last Will and Testament, and that

notice be given the heirs at law, next of kind and all persons interested in said estate of the time and

place of hearing of said petition. It is hereby ordered that said petition be heard by the Judge of the

County Court of said Spink County, at a regular term of court to be held at his office at the court house in

the City of Redfield in said county, on Saturday the 7th day of November A.D., 1914, at ten o'clock A.M.,

to attend the hearing of said petition and the probate of said Will.



It is further ordered that notice be given to the heirs at law and the next of kid, and all persons interested

in the estate of said deceased, by publishing due notice of the time and place of said hearing for three

successive weeks, once in each week prior to said hearing, in the Redfield Press, a weekly newspaper

published in said county, and that copies of said notice be addresses to the heirs of Michael Joyce

deceased, resident in this state, at their place of residence, and deposited in the United States postoffice,

with the postage thereon prepaid by said petitioner at least ten days before the time of said hearing.



Dated at Redfield, State of South Dakota, on this 16th day of October, A.D. 1914.

By the Court, F. W. Coolidge (sig), Judge of the County Court

Attest: A. F. Senecl.......(sig), Clerk of the County Court



********************

(Petition for Letters Testamentary)



State of South Dakota

County of Spink SS In County Court



In the matter of the estate of Michael Joyce, Deceased: Petition for Letters Testamentary



To the Hon. F. W. Coolidge, Judge of the County Court of Spink County, in the State of South Dakota:

The Petition of Wm. Issenhuth of said Spink County, respectfully represents, that Michael Joyce late of

the County of Spink and State of South Dakota, departed this life on or about the 5th day of October A.D.

1914, leaving a Last Will and Testament, duly signed, published and attested, as believed by your

petitioner ________, and which by me is herewith presented to your Honor for Probate. That said Will is

subscribed by A. F. Labrie and P. B. Labrie as witnesses to the execution thereof, which said Last Will

and Testament has been opened, filed and recorded as required by Law by the County Judges.



That the said Testator in his said Last Will nominated and appointed Michael E. Joyce and Frank E.

Joyce (without being compelled to give bonds) as Executors thereof.



That the names, ages and residences of the Heirs and Devisees and next of kin of said decendent, so far

as known to your peitioner, are as follows, to-wit: Patrick Joyce, Mary Ann Roche, Frank E. Joyce, Joseph

F. Joyce, John Joyce, James Joyce, Michael E. Joyce, Rose A. Currier, and Lizzie Fallon, sons and

daughters all of age and Catharine Joyce, widow of deceased.



And this peition further shows that the said Michael Joyce died seized and possessed of Real and

Personal Estate consisting chiefly of NE 1/4 Sec. 18, twp. 115 Range 66 West 5th P.M. and NW 1/4 of

said Sec. 18 - 115 - 66 and also Lot 6 in Block 4 of Original Plot of City of Redfield and personal property

consisting of household goods all of said Personal Estate being estimated to be worth about Five

Hundred Dollars.



In consideration whereof, and to the end that said Will may be proved, established and performed, your

petitioner prays that the subscribing witnesses aforesaid may be summoned to be and appear before this

Court on the day fixed for hearing this petition, then and there to testify in the matter of said Will, as it may

please your Honor to direct; and that Probate of said Will may be thereupon granted, and the same

ordered of record.



And your peitioner further prays that notice be given to the heirs of the deceased, as provided by law, and

your petitioner will ever pray, etc.



Dated at Redfield, S.D. October 16th 1914.



Wm. Issenhuth (Acting at request of said heirs)



********************

(Letters of Administration with will Annexed)

State of South Dakota, County of Spink



In the Matter of the Estate of Michael Joyce, Deceased



The Last Will of Michael Joyce Deceased, a copy of which is hereto annexed, having been proved and

recorded in the County Court of the County of Spink and State of South Dakota, Michael E. Joyce and

Frank Joyce are hereby appointed Executors with the Will annexed.



Witness, the Hon. F. W. Coolidge Judge of the County Court of the County of Spink and State of South

Dakota with the seal thereof affixed, the 7th day of November, 1914.



F. W. Coolidge (sig), Judge of the County Court

Attest: A. F. Sene.... (sig) Clerk of the County Court



State of South Dakota, County of Spink, SS



I, Michael E. Joyce and Frank Joyce each do solemnly swear that I will support the Constitution of the

United States and teh Constitution of the State of South Dakota, and that I will faithfully perform,

according to law, the duties of Executor with the Will Annexed, of the estate of Michael Joyce.



Michael E. Joyce (sig)

Frank Joyce (sig)



Subscribed and sworn to before me, the 7th day of November 1914

Wm. Issenhuth (sig), Notary Public



********************



(Testimony of Subscribing Witness on Probate of Will)



State of South Dakota, County of Spink



In the Matter of the Estate of Michael Joyce, Deceased: Testimony of Subscribing Witness on Probate of

Will



State of South Dakota, County of Spink, ss A. F. Labrie, of lawful age, and a competent witness, being

duly sworn in open Court, testifies as follows:



I reside in the County of Spink State of South Dakota, and am over eighteen years of age.



I knew Michael Joyce on the 18th day of August 1914, the date of the instrument now shown to me,

marked as filed in the Court on the 8th day of October, 1914 purporting to be the Last Will and Testament

of the said Michael Joyce, deceased.



I am one of the subscribing witnesses to said Instrument. I also knew at the said date of said instrument

P. B. Labrie the other of said subscribing witnesses.



The said instrument was signed by the said Michael Joyce at the City of Redfield in the County of Spink

on the said 18th day of August, 1914, the day it bears date, in the presence of myself and said P. B.

Labrie, the other of said subscribing witnesses.



The said instrument was signed by the said Michael Joyce at the City of Redfield in the County of Spink

on the said 18th day of August 1914, the day it bears date, in the presence of myself and said P. B.

Labrie and the said Michael Joyce thereupon published the said instrument as, and declared to us the

same to be his Last Will and Testament, and requested us in attestation thereof to sign the same as

witnesses. The said P. B. Labrie and I then and there, in the presence of the said Michael Joyce and in

the present of each other, subscribed our names as witnesses to the said instrument.



At the time of executing the said instrument, to-wit: the 18th day of August 1914, the said Michael Joyce

was over the age of eighteen years, to-wit: of the age of about 85 years, or thereabouts, and was of

sound and disposing mind, and not acting under duress, menace, fraud, undue influence, or

misrepresentation.



A. F. Labrie (sig)



Subscribed and sworn to in open Court, before me, this Seventh day of November 1914.



Wm. Issenhuth (sig), Notary Public.



********************



(Affidavit of Mailing Notice)



State of South Dakota, County of Spink, ss: In County Court



In the Matter of the Estate of Michael Joyce, Deceased: Affidavit of Mailing



Personally appeared Wm. Issenhuth, who being by me first duly sworn, deposes and says that he is the

Attorney for the estate of the said Michael Joyce, deceased, and that he served copies of the attached

notice upon John Joyce, Patrick Joyce, Michael E. Joyce, James Joyce, Frank E. Joyce, Joseph F.

Joyce, Mary Ann Roche, Rose A. Currier, Lizzie Fallon and Catharine Joyce, by depositing such copies in

the Postoffice at City of Redfield in said Spink County, South Dakota, directed to each at the Postoffice of

each of said parties, to wit, John Joyce at Burdette, S.D., Michael Joyce at Burdette, S. D., James Joyce

at Glidden, Wisconsin, Frank E. Joyce at Redfield, SD?, Joseph F. Joyce at Faith, S.D., Mary Ann Roche

at Burdette, S. D., Rose A. Currier at Faulkton? S.D., Lizzie Fallon at Tulare S. D. and Catharine Joyce at

Redfield, S.D., that the said notices were securely enclosed and directed to each of said named persons

as aforesaid, and the postage on each letter paid on October 24th, 1914, and that there is postal

communication between each of the said named places.



Wm. Issenhuth (sig),



Subscribed and sworn to before me this 7th day of November 1914.

A. W. Labrie (sig), Notary Public



Affidavit of Attorney



State of South Dakota, County of Spink, SS.

I, Wm. Issenhuth, being first duly sworn, on oath, say that I am ______________, the attorney for the

Petitioner described in the annexed notice; that I directed the publication of the annexed notice; that the

full amount as appears by the foregoing affidavit of J. W. Toomey for the publication of such notice has

been pain; that no agreement or understanding for any division thereof has been made with any person

whomsoever, and that no part thereof has been refunded or rebated by the party publishing said notice.



Subscribed and sworn to before me this 7th day of November 1914

A. F. Labrie (sig)

Notary Public, Spink County, South Dakota.



Copy of published notice read:



Oct. 22 - Nov. 5

Notice of Time Appointed for Approving Will, Etc.



In County Court, State of South Dakota, County of Spink, ss.

In the matter of the estate of Michael Joyce, Deceased.



The State of South Dakota sends greeting to John Joyce, Patrick Joyce, Michael E. Joyce, James Joyce, Frank E. Joyce, Joseph F.

Joyce, Mary Ann Roche, Rose A. Currier, Lizzie Fallon and Catharine Joyce, heirs next of kind of Michael Joyce, deceased.



Pursuant to an order of said Court made on the 16th day of October A. D. 1914 notice is hereby given that Saturday, the 7th day of

November A. D. 1914, at ten o'clock A.M. of said day, at the Court room of said Court, at Redfield, in the County of Spink has been

appointed as the time and place for proving the Will of said Michael Joyce (also known as Michael Joyce Sr.) Deceased, and for

hearing the said petition for probate thereof and the issuance of Letters Testamentary therein, when and where any person

interested may appear and contest the same.



Date at Redfield, South Dakota, this 16th day of October 1914.



By the Court, F. W. Coolidge, Judge of the County Court

Attest: A. F. Senechal, Clerk of the County Court

Wm. Issenhuth, Atty. for Petitioners



********************



(Order Admitting Will to Provbate)



At a County Court held in and for the County of Spink State of South Dakota, at the office of the Judge of

the County Court in the City of Redfield in said County, on the 7th day of November A.D. 1914.



In the Matter of Proving the Last Will and Testament of Michael Joyce, Deceased: Order Admitting Will to

Probate.



On reading and filing the affidavit of J. W. Toomey one of the publishers of the Redfield Press, a

newspaper publised in said Spink County and State of South Dakota, showing due publication of the

"Notice of Hearing" of the petition, and proofs of the execution of the Last Will and Testament of Michael

Joyce late of Spink County, State of South Dakota, deceased, as required by the order of this Court,

dated November 7th A.D. 1914, and on reading and filing the affidavit of Wm. Issenhuth showing that

printed copies of the Notice of Hearing of said petition, and proofs of the execution of the Last Will and

Testament of said Michael Joyce, late of Spink County, South Dakota, deceased, were by him addressed

to the heirs at law and next of kin of said testator at their several places of residence i nthis state and

Wisconsin and that the same were by him deposited in the United States Postoffice in the City of Redfield

of Spink County, South Dakota, with the postage thereon fully prepaid by the petitioner, at least ten days

before this hearing to wit: on the 24th day of October A.D. 1914, and upon due proof of the execution of

the paper propounded as the Last Will and Testament of Michael Joyce, late of Spink County South

Dakota deceased, bearing date the 18th day of August A.D. 1914. At it appearing from the evidence of

the subscribing witnesses, who were produced, sworn and examined in open court, that at the time of

executing the same the testator was of full age, of sound mind and memory and was not acting under

duress, menace, fraud or undue influence of any kind whatsoever. There being no objections, on motion

of Wm. Issenhuth, Attorney for said Petitioners, it is ORDERED, ADJUDGED AND DECREED, That said

instrument propounded be allowed and probate thereof granded as and for the last will and testament of

Michael Joyce deceased, and that the same, together with the proofs thereof, be recorded, and that the

same be and hereby is established a a valid will passing both real and personal estate, and that letters

testamentary issue to Michael E. Joyce and Frank Joyce, the person therein named as Executors upon

filing the oath of office as required by law, no bond being required to be given according to the provisions

of said Will.



By the Court,

F. W. Coolidge (sig)

Judge of the County Court

Attest:

A. F. Senechal (sig), Clerk

********************



(Claim File Estate)



State of South Dakota, County of Spink, ss. In County Court

In the Matter of the Estate of Michael Joyce, Sr., Deceased, Creditor's Claim of $120.60

(Illegible) Dec. 17, A.D. 1914



LETTERS (________) having been granted to (________) Creditor (________) of said Deceased,

present (________) claim agains the estate of said Deceased, with the necessary vouchers, to said Wm.

Issenhuth for approvate as follows, to-wit:



The Estate of Michael Joyce, Sr., Deceased, to Sib...z ...... Dr.



1 Note here to attached with accumulated Int.



State of South Dakota, County of Spink, ss. Sib..z Brosh....g, whose foregoing claim is herewith

presented to the Atty. of said Deceased, being duly sworn, says that the amount thereof, to-wit, the sum

of One Hundred Twenty and 60/100 Dollars with Int. is justly due to said claimant. That no payments

have been made thereon which are not credited, and that there are no offsets to the same, to the

knowlefdge of said claimant, Sibenz Brosh....y (illegible)

Subscribed and sworn to before me this 17 day of Dec. A.D.1914.



Receipt: $120.60, Tulare South Dakota, Febr. 1st

On the First day of October For Value Received, I, or we the undersigned, promise to pay Sibuz

Borsol...ing One Hundred Twenty and 60/100 at the State Bank of Tulare, Tulare, South Dakota, with

interest at the rate of 10 per cent, per anum annually, from date until paid.



The respective makers and endorses hereof severall waive presentment for payment, protest notice of

non-payment a this note. Copy.

Pat Joyce (sig)

Michael Joyce (sig)



********************



(Inventory and Appraisement with Clerk's Certificate of Appointment of Appraiser)



State of South Dakota, County of Spink, ss. In County Court, May Term, A.D. 1915

In the Matter of the Estate of Michael Joyce, Deceased: Certificate of Appointment of Appraisers



I, F. A. Reinecke, Clerk of the County Court of the County of Spink do hereby certify that A. F. Labrie, W.

C. Kiser Jr. and E. S. Donohey were, by order of said Court, dated May 17th 1915, duly authorized and

appointed to appraise the goods, chattels, effects, real and personal, (except the homestead) of the

estate of Michael Joyce, Deceased.



F. A. Reinecke (sig), Clerk of the County Court



********************



State of South Dakota, County of Spink, ss. In County Court

In the Matter of the Estate of Michael Joyce, Deceased: Order of Publication of Notice to Creditors



It is ordered, that notice to the creditors of Michael Joyce, deceased, requiring all persons having claims

against the said deceased, to exhibit them with the necessary vouchers, to the Executors of the Estate of

said deceased, be given by said Execturos Michael E. Joyce and Frank Joyce by publication in the

Redfield Press, a newspaper printed and published in the County of Spink; at least once a week for four

successive weeks; and the time in said notice within which creditors must present their claims against

said estate to said Executors whall be limited to six months from the first publication of said notice.



Dated May 17th, 1915

By The Court,

F. W. Coolidge (sig), Judge of the County Court

Attest: F. A. Reinecke (sig), Clerk



NOTICE TO CREDITORS



Estate of Michael Joyce, Deceased.



Notice is hereby given by the undersigned Executors of the Estate of Michael Joyce deceased to the

creditors of and all persons having claims again the said deceased; to exhibit them, with the necessary

vouchers, within six months after the first publication of this notice, to the said Executors or their attorney

Will Issenhuth at his office in the City of Redfield in the County of Spink and State of South Dakota.



Dated May 17th, 1915.

Michael E. Joyce and Frank Joyce, Executors of the Estate of Michael Joyce, deceased.



********************



(Order Appointing Appraisers)



At a County Court Held in and for the County of Spink and State of South Dakota, at the office of the

Judge of the County Court, in the City of Redfield, in said County, on the 17th day of May 1915.



Present: Hone F. W. Coolidge, Judge of the County Court.

In the Matter of the Appraisement of the Estate of Michael Joyce, Deceased.



On the application of the Executors of the Estate of Michael Joyce, late of City of Redfield, County of

Spink, deceased.



It is Ordered that A. F. Labrie, W. C. Kiser Jr. and E. S. Donahey be and are hereby appointed to

estimate and appraise all the estate of the decedent except such as is by law exempt from appraisement,

and that a certificate of appointment of appraisers under the seal of this Court issue accordingly.





By the Court,

F. W. Coolidge (sig), Judge of the County Court

Attest: F. A. Reinecke (sig), Clerk of the County Court

by G....ly Reinecke (sig), Deputy



********************



AFFIDAVIT OF PUBLICATION



State of South Dakota, County of Spink, ss.



I, Chas. M. C. Woodland, of said County and State, being first duly sworn, on oath, says that the Redfield

Press is a weekly newspaper of general circulation, and an official newspaper as required by Session

Laws of 1893 and 1895, printed and published in Redfield, in said County and State, by the REDFIELD

PRESS PUBLISHING COMPANY, and has been such newspaper during the time hereinafter mentioned,

and that I, Chas. M. C. Woodland, the undersigned, am Manager of said newspaper, in charge of the

advertising department thereof, and have personal knowledge of all the facts stated in this affidavit, and

that the advertisement headed "Notice to Creditors." a printed copy of which is hereto attached, was

printed and published in the said newspaper Four (4) successive issues, to-wit: The first publication being

made on May 30, 1915, 2nd May 27, 1915, 3rd June 3, 1915, 4th June 10, 1915, that the full amount of

the fees charged for publishing the same, to-wit: the sum of $3.45, inures solely to the benefit of the

publishers of the REDFIELD PRESS, that no agreement or understanding for any division thereof has

been made with any other persons, and that no part thereof has been agreed to be paid to any person

whomsoever.



Chas. M. C. Woodland (sig)

Subscribed and sworn to before me this 11th day of June 1915

Wm. Issenhuth (sig), Notary Public Spink County, South Dakota



AFFIDAVIT OF ATTORNEY



State of South Dakota, County of Spink, ss.

I, Wm. Issenhuth, being first duly sworn, on oath, say that I am (____________), the attorney for the

Executors described in the annexed notice; that I directed the publication of the annexed notice; that the

full amount as appears by the foregoing affidavit of Chas. M. C. Woodland for the publication of such

notice has been paid; that no agreement or understanding for any division thereof has been made with

any person whomsoever, and that no part thereof has been refunded or rebated by the party publishing

said notice.



Wm. Issenhuth (sig)

Subscribed and sworn to before me this 9th day of July 1915

Gertin... L. Erickson (sig), Notary Public Spink County, South Dakota



Published notice:

May 20 - June 10

Notice to Creditors

Estate of Michael Joyce, Deceased.

Notice is hereby given by the undersigned Execturos of the Estate of Michael Joyce, deceased to the

creditors of an dall persons having claims against the said deceased; to exhibit them with the necessary

vouchers within six months after the first publication of this notice, to the said Executors or their attorney

Will Issenhuth at his office in the city of Redfield in th ecounty of Spink and State of South Dakota.



Dated May 17th, 1915

Michael E. Joyce and Frank Joyce, Executors of the Estate of Michael Joyce, Deceased.

Will Issenhuth, Attorney for Executors



********************

DESCRIPTION OF REAL ESTATE

The Northeast Quarter (NE1/4) of Section Eighteen (18) in Township One Hundred and Fifteen (115)

Range Sixty-Six (66) in Hand County, South Dakota containing 160 acres (no buildings), valued $5000



The fractional Northwest Quarter (NW1/4) of Section Eighteen (18) in Township One Hundred and fifteen

(115) Range Sixty six (66) in Hand County, South Dakota, containing 130.68 acres (buildings on this are

occupied by Pat Joyce), valued $4000



Lot Six (6) in Block Four (4) of the Original Plot of the City of Redfield in the County of Spink and State of

South Dakota occupied by Catharine Joyce, widow of deceased. Valued at $2000



**********



MONEY ON HAND AT TIME OF DECEASE



Name of Debtors: Date of Claim Due Value

Mrs. Frances Joyce, bal for rent N1/2 18-115-66 for 1914 11/1/1914 11/1/1914

$30

Pat Joyce for (----) (----) Buggy 4-5 years ago $15





**********





PERSONAL PROPERTY



3 family pictures $3.00

1 pew or other sitting in any house of worship $6.00

1 lot or lots in any burial ground

1 The family Bible $5.00

1 All school books used by the family $1.00

All other books used as part of the family library $10.00

All wearing apparel and clothing of the decedent

and his family $10.00

The provisions for the family necessary for one

year's supply, either provided or growing, or both$10.00 On hand about $10.00

Fuel necessary for one year

1 Cook stoves, utensils and pipe $5.00

1 heating stoves and pipes $25.00

2 bedsteads $2.00

2 sets beds and bedding $10.00

sofas

8 chairs $8.00

2 tables $4.00

1 stand $1.00

Kitchen safes (or cupboards) and dishes $5.00

TOTAL $95.00



**********



State of South Dakota, County of Spink ss. Executors, Oath



by appointment of said County Court one of the Executors of the Estate of Michael Joyce, Sr., deceased,

as aforesaid, being first duly sworn, on his oath, says that the above and foregoing is a full, true and

copmlete inventory of all the goods, chattels and effects, real and personal (except the homestead) of the

estate of said decedent, so far as the same have come to teh possession or knowledge of affiant, and of

all the money belonging to said decedent, and of all the claims of the decedent against the said affiant.



Subscribed and sworn to before me this 12th day of June, A.D. 1916

Wm. Issenhurth, Notary Public

Frank Joyce (sig)



State of South Dakota, County of Spink, ss: A. F. Labrie, W. C. Kiser Jr. and E. S. Donahey, by

appointment of the Judge of said County Court, appraisers of said estate, being first duly sworn, each for

himself says that the above and foregoing is a just and fair appraisement of each and every of the goods,

chattels and estate therein enumerated, as he verily believes.



Subscribed and sworn to before me this 14th day of July, A.D. 1916

A. F. Labrie (sig)

W. C. Kiser Jr. (sig)

E. S. Donahey (sig)



Wm. Issenhuth, Notary Public (sig)

**********

OATH OF APPRAISERS



State of South Dakota, County of Spink, ss. A. F. Labrie, W. C. Kiers Jr. and E. S. Donahey, being first

duly sworn, each for himself, says that he will truly, honestly and impartially appraise the goods, chattels

and effects, real and personal, of the Estate of Michael Joyce Sr., Deceased, that shall be exhibited to

him, according to the best of his knowledge and ability.



A. F. Labrie (sig)

W. C. Kiser Jr. (sig)

E. S. Donahey (sig)



Subscribed and sworn to before me this 14th day of July A.D. 1916

Wm. Issenhurth (sig), Notary Public



**********



In the matter of the Estate of Michael Joyce, Deceased, ORDER OF INVENTORY AND APPRAISEMENT



On this 20th day of July A.D. 1916, comes Frank Joyce, one of the Executors of the Estate of said

Michael Joyce, deceased, and presents to the Judge of said County Court the inventory and

appraisement of the Estate of said decedent, so far as the same have come to the possession or

knowledge of said Executor.



And now the said Judge of the said Court, as aforesaid, having inspected said inventory and

appraisement and being sufficiently advised concerning the same, it is ORDERED, That said inventory

and appraisement be, and is hereby approved, and it is further ordered that the same be filed and

recorded.



F. W. Coolidge (sig), Judge of the County Court

Attest: J. A. Reincke (sig), Clerk of the County Court

by Dorothy Reinecke (sig), Deputy



**********

(Bill-handwritten)

10/18/18

Mr. Currier wife care of Mrs. J from 4/1/15 to 5/1/16 (----) 4 weeks - And from 3/20/18 to date except 12

wks. Total time 1 yr 4 mos. Paid $53 first yr + 10 this year, $5 per wk = 68 wks = $340 - Bal $289



**********



AGREEMENT FOR SUPPORT OF WIDOW, ETC.



State of South Dakota, County of Spink



In the Matter of the Estate of Michael Joyce, Sr., Deceased: Agreement for Suport of Widow, Etc.



Whereas, The Last Will and Testament of the above named Michael Joyce, Sr., deceased, which has

been admitted to Probate in the above Court, bequeathed the personal property of said deceased to

Catherine Joyce, his surviving widow after the paymetn of just debts and funeral expenses, and the

income of the real estate during her lifetime for her maintenance and support, and



Whereas, there was practially no personal property left by said deceased, and the residence in City of

Redfield is being used as the home of said Catherine Joyce and the other real estate is not and has not

been producing sufficient income to propertly care for, maitain and support said Catherine Joyce, the

mother of the undersigned heirs of said deceased and that there are now some unpaid bills for her

support, and



Whereas, it is the desire of the undersigned heirs and devisees of said Michael Joyce, deceased, that

said Catherine Joyce be well and properly taken care of and that she suffer not for lack of funds,



Now Therefore, it is mutually agreed by the undersigned between themselves and each with the said

Catherine Joyce, that the Executors of the Last Will and Testament of said Michael Joyce, shall for the

present borrow such sum or sums of money as may be necessary for to pay present unpaid obligations

and to properly maintain and care for said Catherine Joyce and we each of us pledge our interests in and

to said estate to re-pay such sum or sums as may be borrowed or supplied by said Executors or either of

them for such purposes, and further, we the undersigned Patrick Joyce, Michael E. Joyce, Mary Ann

Roche, Rose A. Currier, James Joyce, Frank E. Joyce, Lizzie Fallon and Agnew M. Joyce, the assignee,

and surviving widow of Joseph F. Joyce, deceased (who was one of the heirs and devisees of said

Michael Joyce, deceased) do each agree with each other and the Executors of said Michael Joyce Estate

that our interests respectively in and to said estate may and the same is hereby holden forthe payment of

and all accounts, borrowed moneys, bills and obligations made by them for the care, maintenance and

support of said Catherine Joyce, and we each of us further consent that they may cause to be sold any or

all of the real estate of said deceased by some appropriate proceedings either in said County Court or

Circuit Court by partition action, the whole or a portion of said real estate and that as much of the

proceeds as may be necessary may be used for the aforesaid purposes, and that we will each of us stand

our proportionate respective share of .... may be finally divided, after the death of said Catherine Joyce,

proportionally between us as nearly in accordance with the said Last Will and Testament as possible, or

as the same may be determined by the Judge of the County Court or of the Circuit Court of said Spink

County.



Dated this 27th day of January, A.D. 1919.

Pat Joyce (sig)

James Joyce (sig)

Mary Ann Roach (sig)

Mrs. Rose A. Currier (sig)

Michael E. Joyce (sig)

Frank E. Joyce (sig)

Mrs. John Fallon (sig)

Agnes M. Joyce (sig)



**********



REPORT OF EXECUTORS



State of South Dakota, County of Spink

In County Court, July Term, A.D. 1927



In the Matter of the Estate of Michael Joyce, Deceased: Report of Executors



The undersigned Executors of the Estate of Michael Joyce (Sr.), deceased, respectfully submit to this

Court a full and complete report of the condition of said Estate at this time and of all moneys received by

them from time to time commencing with the date of their appointment and qualification on the 7th day of

November, 1914, and disbursements of said moneys, up to and including the 1st day of July, 1927.



Your Executors first respectfully represent that the reason no report has been made prior to this time is

because the surviving widow, Catherine Joyce, under the terms of the Last Will and Testament of said

deceased, had the use and control of all of the real estate of said estate during her natural lifetime. That

said Catherine Joyce lived until the 5th day of December, 1924, and at the time of her demise was 94

years of age. That after the death of said Michael Joyce (Sr.) said surviving widow continued to reside at

the home of said deceased located on Lot 6 in Block 4 of the original Pl at the City of Redfield, in said

Spink County, and that during all of said time she was feeble and on account of her advanced age, was

unable to care and provide for herself and constantly required someone to be and live with her, look after

her needs and comforts, and perform the necessary household duties.



That the remaining real estate of said estate constitutes farm land described as follows, to-wit:



The North Half (N1/2) of Section Eighteen (18), in Township One Hundred Fifteen (115), North of Range

Sixty-six (66), and west of the Fifth Principal Meridian, situated in the County of Hand and State of South

Dakota, containing 290.67 acres, more or less, according to the Government sruvey thereof, said

premises having formerly been the home farm and Homestead of said deceased before his removal

therefrom some 20 years ago, to the said City of Redfield, and lived in the residence property

hereintbefore described, and at which place his surviving widow continued to reside until her demise.

That at the time of death of said Michael Joyce (Sr.) the said Hand County farm land was occupied by

Patrick Joyce, one of the sons of said deceased, who was then and for a number of years thereafter,

farming same under the terms and conditions hereinafter mentioned.



That the revenues received from the whole of said real estate were wholly insufficient and inadequate to

support and care for said surviving widow, and your executors were compelled from time to time to make

advancements to her, and finally were compelled to borrow moneys for such purposes, said indebtedness

increasing steadily from time to time, and in order that the whole of said estate and all of the heirs thereto

should be holden for such obligations, they did on or about the 27th day of January, 1919, enter into a

written agreement, each one with the others, and also with your Executors, fully authorizing your

Executors to borrow and secure such other and further funds as might be needed for the care,

maintenance, and support of said surviving widow of said deceased, and all agreeing that their respective

interests in and to all of said real estate should be holden for the payment of any and all such obligations,

and further agreeing that any or all of said real estate might be sold in order to secure such necessary

funds and properly provide for said surviving widow, the said Catherine Joyce, now also deceased, a

copy of which Agreement is thereto annexed and made a part hereof, and is marked "Exhibit A".



Rentals received by widow from Hand County farm, during her lifetime totalled the sum of $5333.15 for

the years 1914 to 1924 inclusive, your Executors assisting her in the matter of renting the land to best

advantage. That for the first seven years of said period, said Pat (Patrick) Joyce or his wife, paid cash

rental of $400.00 per year. For the years 1921 and 1922 the rental was $600.00 per year, and a like

sum for the years, 1918, 1919, and 1920 and 1921, and in addition for said four years, the tenant agreed

to pay the taxes against said land as part of the rental agreement. For the years 1921 and 1922 the

cash rental was $600.00 a year. For the years 1923 and 1924, said farm was leased on share rent of

one-third of crop delivered free of charge to market, and such share crop for said years amounted to

$1333.15, making a total as above given. Same terms of leasing for years 1925, 1926, and 1927, the

returns for 1925 and 1926 being hereinafter given, same being very little on account of practically no

crops; the total receipts for 1926 being only $35.00.



TAXES. That the taxes paid by said Catherine Joyce on the home in Redfield, amounted to total sum of

$270. 75, and on the Hand County farm, including those paid by tenant, the total sum of $1553.89,

making total paid out by or for her for taxes while she had the use thereof, the sum of $1824.64.



OTHER NECESSARY EXPENDITURES, paid out by said Cahterine Joyce during said period were as

follows -- Pew rent 7 years at $10 per year, $70.00; water rent, 10 years at $12.00 per year, $120.00;

paid for coal, entire period, $661.00; Red Cross and other donations, $11.00; Altar Society Dues $8.00;

A. I. Olding, plumbing repairs, $12.55; total of foregoing, $872.00. Said Catherine Joyce also paid out

the sum of $219.00 as part of expenses of last sickness and funeral of said Michael Joyce, deceased.



HELP EMPLOYED FOR WIDOW. Michael Joyce (Sr.) said deceased, departed this life October 4,

1914, and his surviving widow lived until December 5th, 1924, and during said interval, John Joyce, a

son, lived with her practically all of the time, and Mrs. Rose Currier, a daughter, a greater part of the time,

said Rose Currier having been employed by your Executors to care for her said mother at the small salary

of $20.00 a month. She was so employed for a period of eighty-one months, making total amount

earned by her $1620.00, upon which small payments have been made from time to time as hereinafter

set forth, said John Joyce also took care of his mother for about two years, but your Executors believe

that on account of benefits received by him such as board and lodging that he is not entitled to any

compensation, and furthermore he has been paid various sums from time to time as hereinafter set forth.



RENTAL FROM REDFIELD PROPERTY. Said John Joyce and Rose Currier have used and occupied

the Redfield residence property more or less since the demise of said Catherine Joyce, and it was agreed

that they should pay rental at the rate of $15.00 a month for a portion of said time, and your Executors

have them charged for twenty months' rental, from the 1st day of April, 1925, to the 1st day of December,

1926, since which time said house has been used by them but very little, and said rental amounting to

$300.00 is charged one-half ($150.00) to Rose Currier and one-half to John Joyce.



JOHN JOYCE STATEMENT

CHARGED, with the following,

Dec. 30, 1924, Cash Payment $25.00

Jan. 5, 1925, Cash Payment $10.00

Oct. 1925, Received money from Oats, rental sh $30.00

Dec. 1, 1926, Received money from wheat, rental share $35.00

HOUSE RENT, Chargeable to him as aforesaid $150.00

Total Charges $250.00



MRS. ROSE CURRIER STATEMENT

DUE HER for wages aforesaid $1620.00

CHARGED, with the following,

May 1, 1920, Paid from the $500 borrowed at American National Bank $320.00

Dec. 30, 1924, Payment by Executors $100.00

June 1, 1925, Payment by Executors $50.00

Aug. 3, 1925, Payment by Executors $25.00

Nov. 18, 1925, Payment by Executors $50.00

Jan. 29, 1926, Payment by Executors $20.92

April 1, 1926, Payment by Executors $25.00

July 6, 1926, Payment by Executors $25.00

Oct. 19, 1926, Payment by Executors $20.00

Total Cash Payments $635.92

HOUSE RENT, Chargeable to her as aforesaid $150.00

Total Credits $785.92

Balance Due Mrs. Rose Currier from Estate $834. 08



From the foregoing it will be seen that John Joyce is indebted to the estate in the sum of $250.00, which

we think he should repay for the reason that he did not join in the agreement hereto annexed, marked

"Exhibit A." And it will be further seen that the estate is indebted to Mrs. Rose Currier in the sum of

$834.08 which should be paid in full with interest.



That pursuant to the aforementioned agreement (Exhibit A hereto annexed) there was borrowed from the

American National Bank, of Redfield, S.D., on May 1, 1920, the sum of $500.00, out of which $320 was

paid at once to Rose Currier to apply on wages due her, and the balance of $180.00 was turned over to

the widow and used by her for living expenses. This indebtedness to said bank was renewed from time

to time, the interest thereon accumulating, until same reached the sum of $703.36 by October 20, 1924,

at which time said indebtedness was paid from and out of the money borrowed from Wm. Issenhuth,

Trustee, said loan being in the sum of $1500.00. Your Executors thereafter made various payments to

Mrs. Rose Currier, said subsequent payments amounting to $315.92 as shown by the above Rose Currier

Statemtn. The $1500.00 borrowed from Wm. Issenhuth, Trustee, is now long past due and bears

interest at the rate of 7% per annum. Your Executors charge themselves with the following



ITEMS OF RECEIPTS

Oct. 20, 1924, Borrowed from Wm. Issenhuth, Trustee $1500.00

Oct. 17, 1924, Hail Insurance Loss from State $56.00

Oct. 17, 1924, Receipts from 1924 share of crops $611.50

Dec. 29, 1924, Further Receipts from 1924 share of crops $86.00

Feb. 27, 1925, Further receipts from 1924 share of crops $158.05

Oct. 1925, 100 Bu. Oats sold @ 30 cents $30.00

Oct. 1925, 105 Bu. #3 Wheat @ $1.35 per bu $141.25

Oct. 1925, 84 Bu #2 Wheat @ $1.39 per bu $118.60

Oct. 1925, 120 Bu. Corn @ 65 cents per bu $78.00

Oct. 1925, State Hail Insurance Loss $65.00

Fall of 1926, Wheat sold (Paid to John Joyce) $35.00

TOTAL RECEIPTS CHARGEABLE TO EXECUTORS $2879.40



ITEMS PAID OUT - CREDITS

Sept. 30, 1919, A. F. Labrie insurance on farm buildings $20.00

Oct. 20, 1924, American National Bank, note and interest 703.36

Oct. 20, 1924, Treas. Spink Co., Tax redemptions 103.92

Oct. 24, 1924, Treas. Hand Co., Tax redemptions 729.37

Dec. 30, 1924, Rev. Geo. MacConnachie, Funeral expenses 32.50

Dec. 29, 1924, Ins. farm buildings, Labrie Insurance Agency 23.78

Dec. 29, 1924, Schwartz Co., Grocery bill, past due 28.79

Dec. 29, 1924, Albrecht Bros. Meat bill 7.60

Dec. 29, 1924, Hopkinw Baking Co., past due bill 6.13

Dec. 29, 1924, A. I. Anderson, undertaker, casket, etc. 190.00

Dec. 21, 1924, Tuthill Lumber Company, coal bill $12.00



Miscellaneous items as follows:

July 16, 1916, Jacob Parsons, repair work $10.63

Oct. 21, 1916, Huron Marble Works, marker for father's grave 20.00

July 1919, Cash to mother 10.00

Jan 27, 1919, J. I. O'Connell, Treas. 10.00

June 16, 1922, City Auditor, excess water 2.00

Mar. 31, 1922, Water meter deposit, City 12.60

July 12, 1922, Cash to Mother 20.00

Papering front room 4.50

Mar. 7, 1922, Insurance on Mother's home 4.50

Nov. 1, 1924, Draying to Waddington 5.25

Dec. 29, 1924, Reimbursement check for Total 109.48

Dec. 30, 1924, City Auditor, water rent 3.25

Dec. 20, 1924, C. B. Warne, Druggist, Medicines 3.00

Jan. 5, 1925, Atlas Lumber Co., Wall borads 3.20

Apr. 22, 1925, Dr. F. M. Crain, chg. account last sickness 6.00

Apr. 29, 1925, Treas. Spink County, 1st install. 1924 tax 25.45

--- --- 1925, 3 checks, expenses for gasoline and meals, Executor's

trips to Miller and farm 22.13

Total advanced to John Joyce by Executors on account

(including oats and wheat money) 100.00

Total paid to Rose Currier by Executors since May 1, 1920 315. 92

July 18, 1925, Huron Marble and Granite Works, marker for mother's grave 30.00

Oct. 30, 1925, Treas. Spink Co., 2nd Install. 1924 tax 25.45

Oct. 30, 1925, City Treas. Gravel Tax Assessment 58.17

Nov. 16, 1925, Treas. Hand Co., 1924 Taxes 332.45

TOTAL PAID OUT BY OR FOR EXECUTORS 2891.95

BALANCE DUE EXECUTORS 12.55

2879.40

Your executors further report that a claim against said estate in the sum of $120.60 was filed against it by

Siberz Bros. & Craig who conducted a lumber yard at Tulare, S.D., said claim being in form of a

promissory note with Pat (Patrick) Joyce, son of said deceased as principal and said deceased as surety

thereto, and your Executors are informed that said note was given for lumber and materials for the

buildings on said Hand County farm, and whether or not said Pat (Patrick) Joyce was to pay for the same

alone, your Executors do not know, but aht same will be a matter for the County Court to determine, and

that if said obligation is one that should have been paid by said Pat (Patrick) Joyce alone, then same may

be finally deducted from the interests of said Pat (Patrick) Joyce in and to said estate. That said note is

dated February 1, 1923, and became due October 1, 1923, and bears interest at the rate of 10% before

maturity and 12% after maturity.



Your Executors further report that the real estate taxes for the years 1925 and 1926 have not as yet been

paid because there have been no funds available for such purpose. That your Executors have not as yet

received any compensation for their services up to this time, neither has Wm. Issenhuth, the attorney for

said estate, received any compensation for his services, nor for the costs paid out by him for said estate.

That no appraisement of said estate has as yet been made, and that the personal property left by said

deceased consisted only fo a small amount of household goods and personal belongings, which will not

exceed $50.00 in value. That there is not now and there has not been for the past eight years any

opportunity to sell or dispose of said real estate or any part thereof at its reasonable value on account of

the depressive financial condition prevailing generally throughout the United States and particularly in

South Dakota, and for the further reasons that crops have been very poor during said period of time, and

almost total failure last year.



FINANCIAL CONDITION OF ESTATE

From the foregoing, your Executors herewith submit the approximate liabilities of said Estate, with no

funds on hand or available with which to meet the same, viz:



Due to Executors for advancements made by them $12.19

Note to Wm. Issenhuth, Trustee, and Approximate int. $1750.00

Amount considered due Mrs. Rose Currier, without int. $834.08

Siberz Bros. & Craig, note and approximate interest $250.00

Unpaid taxes on Redfield City and Hand Co. Real est. $600.00

Approximate amount due Wm. Issenhuth, attorney $225.00

Due Executors for services if charge is made by them $250.00

$3921.19



The ASSETS of this estate consiste only of the house and lot located in Redfield, S.D., and the half

section of ladn containing 290.67 acres, in Hand County. The house on this lot is Redfield, is very old

and in poor shape, and this property will be hard to sell. The buildings on the half section are also very

old and in very poor condition. They have not been occupied for three or four years. Under the terms of

the last Will and Testament the Northeast Quarter was specifically bequeathed to John Joyce. The

buildings are on the Northwest quarter. At the present time, there is no ready sale for either this Redfield

City property nor for this farm land, but your Executors believe it necessary that a sale of these properties

be made as soon as a fair and reasonable price can be obtained. That by reason of the interests of one

or more of the heirs being involved, it may be expedient to have partition proceedings had in the Circuit

Court.



That since said Last Will and Testament has been probated, several of the heirs have died, leaving heirs

of their own to whom future notices should be given, one of said heris being Joseph F. Joyce, a son of

said deceased, but who prior to his death conveyed by Warranty Deed all his interests in and to this

estate to his wife (now surviving widow) Agnes M. Joyce, residing at Faith, S.D. That James Joyce, also

a son of said deceased has also since died, leaving surviving him as his heirs, his widow, Anna Joyce,

and two children - Mary Joyce and Theodore Joyce, both being now above the age of majority, the

postoffice address of said heirs of said James Joyce being Glidden, Wisconsin, according to the best

knowledge and information of your Executors.

That your Executors are desirous of submitting a copy of this report to each of the heirs and parties in

interest, and pray that this County Court fix a day for the hearing thereon and for a settlement of the

same, and that such Notice as the Court may deem proper, be given to each and every one of said heirs

and parties in interest.



All of which is respectfully submitted.



Frank Joyce (sig)

Michael E. Joyce (sig)

Executors of the estate of Michael Joyce, Sr., deceased.



State of South Dakota, County of Spink, ss:



Frank E. Joyce and Michael E. Joyce, each being first duly sworn, upon his oath deposes and says that

they are the qualified and acting Executors of the Estate of Michael Joyce (Sr.) deeased, and that the

foregoing is a true and correct report of their acts and doing as such, and of all moneys and property

received by them and dispersed or disposed of by them, according to their best knowledge and belief.



Frank E. Joyce (sig)

Michael E. Joyce (sig)



Subscribed and sworn to before me this 11th day of July, 1927.

Wm. Issenhuth (sig), Notary Public



{Notarial Seal}



**********

ORDER FOR HEARING ON REPORT OF EXECUTORS



State of South Dakota, County of Spink: In County Court August Term thereof, 1927



In the Matter of the Estate of Michael Joyce (Sr.) Deceased: ORDER FOR HEARING ON REPORT OF

EXECUTORS



At the August Term of the County Court in the Year 1927, Held at the Office of the County Judge in the

Court house in the City of Redfield, In Said County of Spink in the State of South Dakota on Tuesday, the

2nd Day of August, 1927.



Present: The Hon. P. L. Alexander, Judge of the County Court.



A Report having been presented by Frank E. Joyce and Michael E. Joyce, Executors of the Estate of

Michael Joyce (Sr.), deceased, and said Report covering a long number of years and presenting matters

for determination by this Court on which a hearing should be had, and said Executors praying that such a

hearing be had, now on Motion of Wm. Issenhuth, the attorney for said Executors,



IT IS HEREBY ORDERED, That a hearing be by this Court had on said Report of said Executors which is

dated the 11th. day of July, 1927 on Saturday, the 20th day of August, 1927 at the hour of 10 o'clock A.M.

at the office of the County Judge in the Court House in the City of Redfield, in said Spink County, South

Dakota.



And it is further ordered, that a copy of this Order be posted in three of the most public places in said

Spink County and further that a copy of this order and of said Report of said Executors be forthwith

mailed or furnished to each and every of said heirs of said deceased and parties in interest as designated

in said Report.



By the Court,

P. L Alexander (sig), Judge

Attest,

R. H. Schalkle (sig), Clerk

{Court Seal}



**********

AFFIDAVIT OF MAILING AND POSTING



State of South Dakota, County of Spink: In County Court, August Term, a.D. 1927



In the Matter of the Estate of Michael Joyce (Sr.) Deceased: Affidavit of Mailing and Posting



Wm. Issenhuth, being first duly sworn, upon his oath deposes and says that he is the attorney for the

above estate and wth Executors thereof; That pursuant to the Order of this Court dated the 2nd day of

August, 1927 and filed with the Clerk of this Court on said day, he posted a copy of said Order in three of

the most public places in said Spink County, as follows, to-wit:



One at the Bulletin Board in the Court House in Refield, S.D.

One at the Bulletin Board of the Law Building in Redfield, S.D.

One at the Bulltein Board of the Issenhuth Block in Redfield, S.D.



all of said places being within said Spink County and the usual places where such Orders and Copies

thereof and legal Notices are generally posted, said posting being done on said 2nd day of August, 1927.



That on said day he also mailed a copy of said Order and of said Report of said Executors which was

also filed in said Office of Clerk of County Court on said 2nd day of August, 1927, to each and every heir,

legatee, devisee and party in interest in said estate by enclosing such copies in a properly sealed

wrapper, with postage prepaid thereon, and depositing same in the United States Post-Office at Redfield,

S.D., addressed as follows, -



One to Michael Joyce at Tulare, S.D. (Rural Free Delivery)

One to Frank E. Joyce, at Redfield, S.D.

One to Pat (Patrick) Joyce, at Rockham, S.D. (Rural Free Delivery)

One to Mrs. Agnes Joyce, at Faith, S.D. (widow of Joseph Joyce, deceased)

One to Mrs. Lizzie Fallon at Tulare, S.D. (Rural Free Delivery)

One to Mrs. Mary Ann Roche at Rockham, S.D. (Rural Free Delivery)

One to John Joyce (care of Michael E. Joyce) at Tulare, S.D. (R.F.D.)

One to Mrs. Rose Currier, at Redfield, S.D.

One to Mrs. Anna Joyce, One to Miss Mary Joyce, One to Theodore Joyce: All at Glidden, Wisconsin,

said Mrs. Anna Joyce being the surviving widow of James Joyce, deceased, and said Miss Mary Joyce

and Theodore Joyce being the only children of said James Joyce, deceased,

One to Siberz Bros & Craig at Tulare, S.D. (Creditor of said deceased)



And that on said day there was regular mail service between said City of Redfield, and said respective

post-office addresses of said respective parties, and that said parties are the only persons or parties in

any manner interested in said estate and affiant knows of his own knowledge that each and every of said

persons and parties received such copies and have had due notice of said hearing to be had on this 20th

day of August, 1927 at the hour of Ten o'clock A.M.



Wm. Issenhuth (sig)

Subscribed and sworn to before me this 20th day of August, 1927

Roy Buel (sig), Notary Public







**********

ORDER APPROVING FIRST REPORT OF EXECUTORS AND DETERMINING STATUS OF SAID

ESTATE



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Order Approving First Report of Executors

and Determining Status of Said Estate



Michael E. Joyce and Frank E. Joyce, the duly appointed, qualified and acting Executors of the Estate of

Michael Joyce (Sr.) having heretofore on the 2nd day of August, 1927, filed a full and complete report of

their acts, doings and transactions in connection with said Estate, and having submitted to this Court

several matters for decision, and having asked for a Hearting thereon after due and legal notice to all

heirs, legatees, devisees and persons and parties in interest has been given, and now, on this 20th day of

August, 1927, at the hour of Ten o'clock A.M., said matter having in due legal manner come on for

hearing, and said Executors appearing in person and by their attorney Wm. Issenhuth, and it appearing to

the satisfaction of this Court that due and legal Notice of this Hearing has been given to each and every

such heir, legatee, divisee and persons and parties in interest in said Estate as more fully shown by the

Affidavit of Mailing and Posting this day submitted and filed, same being made by said Wm. Issenhuth,

and that all of said persons in interest have had personal knowledge of said Hearing, and none of them

no appearing herein or in any manner have they or any of them made or filed herein any objections to

said Report in writing or otherwise, and this Court having examined said Report and the Vouchers

submitted by said Executors, and being fully satisfied that same represents an exhaustive and complete

accounting of all moneys received and paid out for them or by them, and that smae shows the present

status of said Estate, and the Court having considered the several matters submitted for determination at

this time,



IT IS HEREBY ORDERED, ADJUDGED AND DECREED, That said Report of said Executors filed herein

on said 2nd day of August, 1927 and dated the 11th day of July, 1927, be and the same is fully approved

by this Court; That the claim presented to said Executors by Siberz Bros & Craig in the form of a

promissory note dated Feb. 1st, 1913 in the sum of $120.60 and signed by said deceased and Pat Joyce

was given for materials used on the farm of said deceased, and that said sum is a claim against the

estate of said deceased, and said claimants are entitled to interest at rate of 10% per annum from date of

said note to said date of presentation, and at the rate of 7% per annum from amount then due (143.13) to

this date, said additional interest amounting to $127.02 and total amount now due said claimant being

$270.15. That said John Joyce is indebted to said estate in the sum of $250.00. That said Estate is

indebted to said Executors in the sum of $12.55. That said Estate is indebted to MRs. Rose Currier with

interest thereon at legal rate from December 5th, 1924 (the date upon which Catherine Joyce, surviving

widow of deceased, died). That said estate is indebted to Wm. Issenhuth as and for attorneys fees and

expenses paid by him in behalf of said estate, in the sum of $225.00, and to Wm. Issenhuth, as Trustee

for moneys loaned, the sumo f $1500.00 with interest at the rate of 7% per annum from October 20th,

1924. That it is advisable to sell and dispose of said estate and effect a full and complete settlment.

That said Agreement signed by all the heirs, exception John Joyce, is binding upon them. That all

unpaid taxes amount to approximately $600.00. That a reasonable compensation for said Executors up

to this date, should they desire compensation, would be at least $250.00.



Dated in open Court at Redfield, S.D. this 20th day of August, 1927.



By the Court,

P. A. Alexander (sig)

Attest,

R. H. Schalkle (sig), Clerk



**********





ADDITIONAL AGREEMENT AND CONSENT OF JOHN JOYCE



State of South Dakota, County of Spink, ss. In County Court, September Term, A.D., 1928

In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Additional Agreement and Consent of John

Joyce



I, the undersigned, John Joyce, being the legatee and devisee to whom said Michael Joyce Sr.,

specifically bequeathed the Northeast quarter (NE1/4) of Section Eighteen (18), in Township one hundred

fifteen (115), North of Range Sixty-six (66), West of the Fifth P.M., situated in Hand County, South

Dakota, being desirous of doing any full duty to my deceased parents, and performing all of my moral

obligations to them, as well as to my brothers and sisters, and my said brothers and sisters having

heretofore on the 27th day of January 1919, agreed amongst themselves to pledge all their interests in

and to the estate of said Michael Joyce, Sr., deceased, for the support of his surviving widow, Catherine

Joyce, and said agreement having not been signed by me, I therefore desire to obligate myself in the

same manner therein with my said brothers and sisters, and further in consideration of the fact that one of

the creditors of said estate, to-wit Wm. Issenhuth, as trustee of Beradina Vens and now as executor of

the estate of said Bernadina Vens, has already begun action to enforce the payment of his claim against

said estate, and that said Wm. Issenhuth as such executor is willing to withdraw such suit in consideration

of my joining in the aforesaid agreement and pledging my interests in said estate for the payment of said

indebtedness, and in further consideration of the fact that the said one-half section farm may sell better as

a whole, then each quarter separately, join in said petition for sale of all of said real property presented by

said executor to this County Court, and pray that said estate be closed, and that if the real property of

said estate other than the aforesaid specific bequest of myself be insufficient to pay all of the

indebtedness of said estate and expenses of administration that such amount as may be necessary to

pay same in full be taken and deducted from the proceeds of the sale of said Northeast quarter (NE1/4) of

said Section Eighteen (18), hereinbefore more fully described, in order that said estate may be able to

pay all of its obligations and be fully and speedily closed and terminated.



Dated this 27th day of September, A.D. 1928



John Joyce (sig)



Witnesses to Signature

Frank E. Joyce (sig)

Michael E. Joyce (sig)



**********



PETITION FOR ORDER OF SALE OF REAL PROPERTY



State of South Dakota, County of Spink, ss: In County Court. September Term, A.D. 1928



In the Matter of the Estate of Michael Joyce (Sr.,) Deceased: Petition for Order of Sale of Real Property



TO THE HONORABLE COUNTY COURT OF SAID SPINK COUNTY.



The petition of Michael E. Joyce (Jr.) and Frank E. Joyce, executors of the estate of Michael Joyce (Sr.)

deceased, and also of several heirs and devisees of said decedent, respectfully present their petition to

this court for an order to sell all of the real property of said estate and represent.



That the total amount of personal estate that has come into their hands as such executors as assets of

said estate, pursuant to inventory, consists only of several accounts of the total amount of $45.00 upon

which no valuation was placed by the appraisers in the inventory filed herein, on the 22nd day of July,

1916, together with a small amount of personal property not deemed assets.



That in his last Will and Testament duly admitted to probate on the 7th day of November, 1914, the said

decedent among other things provided that his surviving widow, Catherine Joyce, should have the use

and control of all of his real property during her natural life time, and bequeathed to her all of the

aforesaid personal property for her own use and benefit, to be disposed of by her as she might deem

best, provided however, that she should pay for the funeral expense, expenses of last sickness and

administration out of the property on hand, other than household goods, if any such property remained at

the time of his demise, but your petitioners represent that there was in fact no personal property left by

said decedent from shich said funeral expenses, expenses of last sickness and administration was or

could be paid, and that such expenses were paid by said surviving widow, Catherine Joyce, out of the

rental of the farm lands hereinafter described and thus reduced the income for her own support.



That the Northeast quarter (NE1/4) of Section Eighteen (18), in Township One Hundred fifteen (115),

North of Range Sixty-six (66), West of the Fifth P.M., situated in Hand County, South Dakota, was

bequeathed to John Joyce, a son of said decedent, subject to the life estate, use and control of said

property by said surviving widow. (Note: This land, including most of the NW1/4, was owned by Michael

Joyce in 1910, per Atlas. This is Wheaton twp.)



That the Northwest fractional quarter (NW f.1/4) of said Section Eighteen (18), in Township One hundred

fifteen (115), North of Range Sixty-six (66), West of the Fifth P.M., situated in Hand County, South

Dakota, together with the homestead of said decedent, described as Lot Six (6), Block Four (4), of the

original plat of the City of Redfield, in Spink County, South Dakota, was bequeathed to Patrick Joyce,

Michael E. Joyce, Mary Ann Roche, Rose A. Currier, James Joyce, Frank E. Joyce, Joseph F. Joyce, and

Lizzie Fallon, all sons and daughters of said decedent, share and share alike. Also subject however, to

the use, and control thereof by said surviving widow, Catherine Joyce. (This is the NW1/4 also owned by

Michael Joyce in the 1910 atlas - Wheaton twp.)



That the income from said real property was grossly inadequate and insufficient to properly care for said

surviving widow during the remainder of her natural life and thereupon all of said devisees, with the sole

exceptance of said John Joyce, did on the 27th day of January, 1919, agree among themsevles and with

said executors, that siad Catherine Joyce be well and properly taken care of and that she suffer not for

lack of funds, and further specifically agreed that said executors should borrow such sum or sums of

money as might be necessary to pay then then unpaid and existing obligations and to properly maintain

and care for said Catherine Joyce and each and every of them pledged their respective interests in and to

said estate to pay such sum or sums as might be borrowed or supplied by said executors or either of

them for such purposes, and that their respective interests in and to said estate be holden for the

payment of all accounts, borrowed moneys, bills and obligations made for the care, maintenance and

support of said Catherine Joyce, and further agreed and consented that said executors may cause to be

sold any or all of the real estate of said estate by some appropriate proceedings, either in said county

court or circuit court, by a partition action, and that as much of the proceedings as may be necessary may

be used for the aforesaid purposes, such original contract having been filed in this court on the 20th day

of August, 1927, and upon said day approved by the County Court in connection with the approval of the

first report of said executors, filed herein on the 2nd day of August, 1927.



That said Catherine Joyce, the surviving widow of said decedent, departed this life on the 5th day of

December, 1924, at the age of ninety-four years. That in their said report filed therein on said 2nd day of

August, 1927, the executors of said estate hav fully and completely set forth all of the receipts of moneys

which came into their hands and all of the disbursements therein made by them, same showing that they

had paid out $13.55 more than they had received, and that no part of the expenses of administration had

been paid by them, and that same had been advanced and paid by their attorney, Wm. Issenhuth, and

that there was then due to their said attorney, as and for attorney fees and such expenditures, the sum of

$225.00. That at said time there was due the executors of said estate, as and for a reasonable

compensation for their services, the sum of $250.00, asking a total of $475.00, as expenses of

administration approved by this court, which still remain unpaid.



That pursuant to the aforesaid agreement the executors of said estate borrowed from Wm. Issenhuth,

trustee for Bernadina Vens, the sum of $1500.00 on the 20th day of October, 1924, which said money

was used entirely to pay up accrued bills and obligations incurred for the support and maintenance of said

Catherine Joyce and that no interest has been paid thereon and that there is now due thereon

approximately the sum of $420.00 interest, taking the total now due and owing to said Wm. Issenhuth, as

Trustee, the sum of approxmiately $1920.00, and that there also remains due and owing to Mrs. Rose A.

Currier, the sum of $834.08, for services rendered to said Catherine Joyce during her life time, same

being so rendered at the special instance and request of said executors pursuant to the aforesaid

contract and agreement.



That at the time of the making of said report on said 2nd day of August, 1927, there was due and

remaining unpaid, taxes have accumulated since then, so that now the total amount of taxes due and

delinquent and including all penalties will approximate $900.00, and that the total indebtedness of said

estate will now exceed the sum of $4500.00, and said estate is fast approaching insolvency.



That the said Redfield city property has produced no income whatsoever since said report of said

executors was made, and that said Hand County farm land has produced very little income by reason of

the fact that the crops for the year 1927 were badley hailed and practically no crops grown during the

presetn year 1928, on account of the hail and drought and that your executors will have on hand after all

rentals are accounted for, a very small sum, not to exceed $100.00



That the estimate of the expenses and charges of administration that will or may accrue, in addition to the

aforesaid $475.00, will be the further sum of $400.00. That all of the aforesaid real property has greatly

depreciated in value during the past ten years, mainly on account of general financial depression and

adverse conditions existing in the entire state of South Dakota. That the only appraisement made of the

real property of said estate was made on or about the 14th day of July, 1918, and that a new appraisal

thereof is desirous and necessary pursuant to law.



That the following is a general description of all the property, including the farm homestead used by said

decedent and his surviving widow during her life time, none of which is exempt property, and of which the

decedent died seized, and the conditions and valuation thereof are as follows:



Northeast quarter (NE1/4) of Section Eighteen (18), in Township One hundred fifteen (115), Range

sixty-six(66), West of the Fifth P.M., in Hand County, South Dakota, containing 160 acres, not improved,

but mostly under cultivation. Present estimated market value thereof being $4000.00



The fractional Northwest quarter (f. NW1/4) of Section Eighteen (18), in Township one hundred fifteen

(115), Range sixty-six (66), West of the Fifth P.M., in Hand County, South Dakota, containing 130. 88

acres. The buildings remaining on this land are not fit for occupancy and add practically nothing to the

value thereof. This fractional quarter is also mostly under cultivation, but quite rolling, and contains some

sloughs. Its present estimated market value is $3500.00.



Lot Six (6), Block Four (4), of the Original plat of the city of Redfield, in the County of Spink, and State of

South Dakota, is one of the oldest houses in the City of Redfield, which is in very poor condition, there

never having been any stone foundation thereunder. The present market valuation of same being

estimaged at $1000.00.



The names of the legatees and devisees and the heirs of said decedent so far as known to your

petitioners at the present time, are as follows: The legatees and devisees mentioned in the last Will and

Testament of said Michael Joyce (Sr.), deceased, are all alive at this time, except his said surviving

widow, Catherine Joyce, who was bequeathed a life estate in the aforesaid real property, and who

departed this life on the 5th day of December, 1924, she leaving no estate whatsoever, except a very

small amount of pracitally worn out household furniture, not exceeding in value the sum of $25.00. That

James Joyce, one of the sons of said decedents, living in the State of Wisconsin, died some seven or

eight years ago, leaving surviving him as his sole heirs, his widow, Anna Joyce, and two children, Mary

Joyce and Theodore Joyce, all not above the age of majority, and their last know post office address and

place of residence, being Glidden, Wisconsin. That Joseph F. Joyce, a son of said decedents, also died

some nine or ten years ago, and prior to his death, conveyed all of his interests in and to said estate to

his surviving widow, Agnes W. Joyce, residing at Faith, Meade County, South Dakota. That the names

and present place of residence and last known poast office address of said respective persons interested

in said estate or any part thereof so far as now known to your petitioners, are as follows, to-wit:

Michael E. Joyce, residing in Wheaton township, in Hand County, South Dakota, his present post office

address being Tulare, South Dakota, R. F. D. #1.



Frank E. Joyce, residing in Redfield Township, Spink County, and his present post office address being,

Redfield, South Dakota.



John Joyce, residing with Frank E. Joyce, in Redfield, Township, Spink County, South Dakota, whose

present post office address is Redfield, South Dakota.



Patrick Joyce, residing in Wheaton Township, in Hand County, whose present post office address is

Rockham, South Dakota, R.F.D.# ____.



Mary Ann Roche, residing in Burdette Township in Hand County, South Dakota, whose present post

office address is Tulare, South Dakota, R. F. D. #1.



Rose A. Currier, now residing with Frank E. Joyce in Redfield Township, South Dakota, whose present

post office address is Redfield, South Dakota.



Lizzie Fallon, residing in Wheaton Township, in Hand County, South Dakota, whose present post office

address is Tulare, South Dakota, R.F.D.#1.



Agnes M. Joyce, sole devisee and successor in interest to Joseph F. Joyce, deceased, residing at Faith,

Meade County, South Dakota, and whose present post office address is Faith, South Dakota.



Anna Joyce, surviving widow of James Joyce, and Mary Joyce and Theodore Joyce, surviving children of

said James Joyce, deceased, said Anna Joyce, Mary Joyce and Theodore Joyce being sole heirs and

successors in interest to said James Joyce, deceased, residing at Glidden, in Ashland County,

Wisconsin, and whose last known post-office address was, Glidden, Ashland County, Wisconsin.



The facts and circumstances on which this peition is founded and which render a sale of all of said real

property necessary are hereinbefore set forth, and in substance are as follows - that since the death of

said Catherine Joyce, the income from all of said real property has not been sufficient to pay the taxes,

insurance, interest on the indebtedness of said estate and other necessary expenditures, and that said

estate is fast approaching insolvency and that the persons to whom said estate is indebted, especially

said Wm. Issenhuth, as Trustee, and said Rose A. Currier, are demanding payment. That all of the

parties in any manner interested in said estate are now desirous of having all of aforesaid real property,

or so much thereof as may be necessary sold and all of said indebtedness of said estate be paid,

together with all expenses of administration and said estate be closed up.



That your petitioners further state that it is necessary and that it would be for the advantage, benefit and

best interest of said estate and all those interested therein, to sell all of the property of said estate.



THEREFORE, your petitioners pray that there be a hearing upon this petition after notice as provided by

law, and at such hearing that an order be made authorizing your petitions as such executors of said

estate to sell all of said real property, and specifying the terms and conditions upon which said sale shall

be made, and that such other or further order be made as is meet in the premises.



Dated this 27th day of September, A.D., 1928.

Frank E. Joyce (sig)

Michael E. Joyce (sig)

Executors of the estate of Michael Joyce (Sr.), Deceased



State of South Dakota, County of Spink, ss:



On this 28th day of September, A.D., 1928, before me personally appeared the above named Frank E.

Joyce and Michael E. Joyce, known to me to be the executors of the estate of Michael Joyce, Sr.,

deceased, and made oath that they have read the above and foregoing petition subscribed to by them,

and that they know the countents of the same, and that the same is true of their own knowledge, except

such matters therein stated upon information and belief, and as to those matters they believe it to be true.



Frank E. Joyce (sig)

Michael E. Joyce (sig)

Subscribed and sworn to before me this 28th day of September, A.D. 1928

Wm. Issenhuth (sig), Notary Public



**********



CERTIFICATE OF APPOINTMENT OF APPRAISERS



State of South Dakota, County of Spink, ss: In County Court, September Term, A.D., 1928



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Certificate of Appointment of Appraisers



I, R. E. Schalke, Clerk of the County Court of the County of Spink, in the State of South Dakota, do

hereby certify that J. I. McConnell, E. L. Norton and G. M. Reily were by order of said court, dated this

29th day of September, 1928, duly authorized, directed and appointed to appraise the real estate of the

estate of Michael Joyce (Sr.), Deceased.



R. H. Schalkle (sig) , Clerk of the County Court

W. F. Coopersmith, Deputy





**********



DESCRIPTION OF REAL ESTATE



Lot Six (6), in Block Four (4), of the ORiginal plat of the City of Redfield, in the county of Spink, and State

of South Dakota, now unoccupied, appraised at $1000.00



The fractional Northwest Quarter (F. NW1/4) of Section Eighteen (18), in Townshio One Hundred Fifteen

(115), Range Sixty-six (66), West of the Fifth P.M., situated in the County of Hand, State of South Dakota,

containing 130. 88 acres, more or less, according to teh Government survey thereof, thogether with the

improvement thereon, appraised at $3,350.00



The Northeast Quarter (NE1/4) of Section Eighteen (18), in Township One Hundred Fifteen (115), Range

Sixty-six (66), West of the Fifth P.M., situated in Hand County State of South Dakota, and containing 180

acres, more or less according to Government survey thereof and having thereon no improvement

appraised at $4000.00



PERSONAL PROPERTY



None of any market value.



EXECUTOR'S OATH



Michael E. Joyce and Frank E. Joyce, heretofore duly appointed and now the qualified acting executors of

the estate of Michael Joyce (Sr.), deceased, as aforesaid, being first duly sworn on their respective oaths,

say that the above and foregoing is a full, true and complete inventory of all the goods, chattels and

affects, real and personal, of the estate of said decedent, so far as the same have come to theri

possession or the possession of either of them, or their knowledge.

Frank E. Joyce (sig)

Michael E. Joyce (sig)

Subscribed and sworn to before me this 29th day of September, A.D. 1928.

Wm. Issenhuth (sig), Notary Public



**********





ORDER APPOINTING AND DIRECTING NEW APPRAISEMENT OF REAL PROPERTY



State of South Dakota, County of Spink:ss. In County Court, September Term, A. D., 1928



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Order Appointing and Directing New

Appraisement of Real Property



Upon the application of Michael E. Joyce and Frank E. Joyce, executors of the estate of Michael Joyce

(Sr.), late of the City of Redfield, in the County of Spink, and State of South Dakota, deceased, and

pursuant to the statue in such case made and provided,



IT IS ORDERED, that J. I. O'Connell, M. L. Norton and G. M. Bailey be, and they are hereby appointed to

estimate and appraise all of the real etstae of said decedent, and that a certificate of appraisement of said

appraisers under the seal of this court issue accordingly.



Dated at Redfield, South Dakota, this 29th day of September, A. D. 1928.



By the Court: P. L. Alexander (sig), Judge of the County Court.

Attest: R. H. Schalkle (sig), Clerk of the County Court

W. F. Coopersmith, Deputy



**********



State of South Dakota, County of Spink, ss:



J. I. O'Connell, R. L. Norton and G. M. Bailey, by appointment of the Judge of said County Court,

appraisers of said estate, being first duly sworn, each for himself says, that the above and foregoing is a

just and fair appraisement of each and every of the goods, chattels and estate therein enumerated as he

verily believes.



J. ?. McConnell (sig)

? ? Norton (sig)

? M. Bailey (sig)

Subscribed and sworn to before me this 29th day of September, A. D. 1928.

Wm. Issenhuth (sig), Notary Public



ORDER OF INVENTORY AND APPRASIEMENT



In the Matter of the Estate of Michael Joyce (Sr.), Deceased



On this 28th day of September, A. D., 1928, came Michael E. Joyce and Frank E. Joyce, the executors of

the estate of Michael Joyce Sr., deceased, and presented to the Judge of said County Court his inventory

and appraisement of the estate of siad decedent as of this date, and so far as the same have come to the

possession or knowledge of said executors and how the aid Judge of the said court, as aforesaid, having

inspected said inventory and appraisement, and being sufficiently advised concerning same,



IT IS ORDERED, that said inventory and appraisement be, and the same is hereby approved, and it is

further ordered that the same be filed and recorded.

By the Court:

P. L. Alexander (sig), Judge of the County Court

Attest: R. H. Schalkle (sig), Clerk of the County Court

W. F. Coopersmith, Deputy



**********



ORDER AND NOTICE TO SHOW CAUSE ON FILING PETITION TO SELL REAL PROPERTY



State of South Dakota, County of Spink: In County Court, September Term, A. D. 1928



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Order and Notice to Show Cause on Filing

Petition to Sell Real Property



On reading and filing the Petition of Michael E. Joyce and Frank E. Joyce, the duly appointed, qualified

and acting Executors of the estate of Michael Joyce (Sr.), deceased, setting forth the amount of personal

estate that has come into their hands, and the disposition thereof; the amount of debts outstanding

against said deceased and against said estate, adn a description of all the real estate of which said

deceased died seized, and the condition and value of the respective portions thereof, and that said estate

is fast approaching insolvency; and praying that license be to them granted to sell the whole thereof.



At it appearing, by said Petition, that there is practically no personal estate in the hands of siad Executors

to pay said debts, and that it is necessary, in order to pay the same, to sell all of said real estate;



It is ordered, that all persons interested in said estate, appear before teh Judge of this Court on Monday,

the 22nd day of October, 1928, at the hour of ten o'clock in the forenoon of said day, at the Office of the

County Judge in the Court House in the City of Redfield, in said Spink County, South Dakota, then and

there to show cause (if any there be) why an Order should not be granted to said Executors to sell said

real estate according to teh prayer of said Petition.



AND IT IS FUTHER ORDERED, That a copy of this Order and Notice be published for three successive

weeks prior to said day of hearing in the Redfield Journal-Observer, a legal weekly newspaper printed

and published at Redfield, in said County, and be served on all persons interested in said estate at least

ten days before said time appointed for said hearing by mailing a copy of this Order and Notice to each of

such persons and by posting in three of the most public places in said County as provided by Chapter 57

of the Second Special Session of the Sixteenth Legislature held in 1920.



Dated at Redfield, South Dakota, this 29th day of September, A.D. 1928.



By the Court, P. L. Alexander (sig), Judge of the County Court.



Attest, R. H. Schalkle (sig), Clerk of the County Court.

{Court Seal}

W. F. Coopersmith, Deputy



**********



ACKNOWLEDGEMENT OF RECEIPT OF COPY OF PETITION TO SELL LAND AND ORDER AND

NOTICE THEREOF.



State of South Dakota, County of Spink, ss: In County Court. September Term, A. D. 1928



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Acknowledgment of Receipt of Copy of

Petition to Sell Land and Order and Notice Thereof.

The undersigned, on fo the heirs, devisees and party in interest in the above estate, do herby

acknowledge receipt of a copy of the Petition of Michael E. Joyce (Jr.) and Frank E. Joyce, executors of

the Estate of Michael Joyce (Sr.), deceased, dated the 27th day of September, 1928, wherein said

executors have petitioned the said court for an order to sell all fo the real property of said estate, and the

undersigned further acknowledge receipt of a true and correct copy of the "Order and Notice to Show

Cause on filing Petition to sell real property", made by said County Court of Spink County, South Dakota,

on the 29th day of September, 1928, wherein notice is given that a hearing will be had upon said petition

on the 22nd day of October, 1928 at ten o'clock A. D., at the office of the County Judge, in the Court

House in the City of Redfield, in said County of Spink and State of South Dakota.



and the undersigned being fully informed as to the necessity and prupose of said petition and

proceedings, does hereby consetn to said Petition adn prays the County Court that each Petition be

granted adn that a sale of all said real property be had as speedily as possible.



Dated October 7th, 1928.

Michael E. Joyce (sig)



(A copy of the above document)

Dated October 8, 1923

Mary Joyce (sig)



(A copy of the above document)

Dated October 8th, 1928

Mrs. Anna Joyce (sig)



(A copy of the above document)

Dated October 8th, 1928

Theodore Joyce (sig)



(A copy of the above document)

Dated October 8th, 1928

Mrs. Lizzie Fallon (sig)



(A copy of the above document)

Dated October 8th, 1928

Agnes M. Joyce (sig)



(A copy of the above document)

Dated October 22, 1928

Frank E. Joyce (sig)





**********



AFFIDAVIT OF POSTING AND AFFIDAVIT OF MAILING



State of South Dakota, County of Spink, ss: In County Court, October Term, A. D., 1928



In the Matter of the Estate of Michael Joyce, (Sr.), Deceased: Affidavit of Posting and Affidavit of Mailing.



Wm. Issenhuth, being first duly sworn upon his oath, desposes and says, that he is the attorney for the

above estate, and is a resident and citizen of Redfield, in said Spink County, South Dakota, and above

the age of majority; that pursuant to the order of this court, dated the 29th of September, 1928, he did on

the 1st day of October, 1928, post a true and correct copy of the order and Notice of hearing on petition

for sale of real estate, in three of the most public places in said Spink County, as follows, to-wit: One at

the Bulletin Board, at the front door of the court house; one at the Bulletin board of the Law Building, and

one at the Bulletin board of the Issenhuth Block, all in the said City of Redfield, in said County fo Spink,

and State of South Dakota, and taht on said day he also mailed a true and correct copy of said order,

together with a true and correct copy of teh petition of the executors of said estate, which petition is dated

the 28th day of September, 1928, by enclosing such copies in a properly sealed envelop with postage

prepaid thereon, addressed to each of the heirs and devisees of said decedent, and parties in interest, by

depositing such envelope in the United States post office, at the City of Redfield, to the respective post

office addresses of each of said parties, as follows, to-wit:



Patrick Joyce, Rockham, South Dakota, RFD

Mary Ann Roche, Rockham, South Dakota

Rose A. Currier, Redfield, South Dakota, c/o Frank E. Joyce

Lizzie Fallon, Tulare, South Dakota, RFD

Agnes M. Joyce, Faith, South Dakota

Anna Joyce, Glidden, Wisconsin

Mary Joyce, Glidden, Wisconsin

Theodore Joyce, Glidden, Wisconsin



Affiant further states that on said day there was regular mail service between said City of Redfield, and

said respective post office addresses.



Wm. Issenhuth (sig)

Subscribed and sworn to before me this 19th day of October, A.D. 1928.

Jennie Welks (sig), Notary Public



**********

EXECUTORS' ANNUAL REPORT



State of South Dakota, County of Spink, ss: IN COUNTY COURT. OCTOBER TERM, A.D. 1928



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Executors' Annual Report.



The undersigned, Frank E. Joyce and Michael E. Joyce, executors of the estate of Michael Joyce (Sr.)

deceased, respectfully submit to this court, a full and complete report of the receipts of moneys and

property received and chargable to them, and of the disbursements made and paid out by them, from the

date of thei rlast report, to-wit; the first day of July, 1927, up to and including the 22nd day of October,

1928.



Your executors first report generally, that the residence property in the city of Redfield was not leased to

any one, and no rental has been received for same, adn that same is now unoccupied; that the farm land

in Hand County to-wit, the N.1/2 of Sec. 18, Twp. 115, R. 66, containing 290.67 acres, was leased for

share rental for the years 1927 and 1928, the terms of rental for the 1927, being one-third of all crop

raised thereof delivered to market, and the terms for the year 1928, being similar, excepting that one

hundred bushel of wheat raised the previous year was kept for seed for tenant for the year 1928, and the

rental for the acreage sowed to wheat, was on the terms of one-half of the wheat raised, each party to

bear one-half of the twice bill and one-half of the threshing bill.



That in the year 1927, only wheat and corn were raised upon said land, and one-third share of the wheat

received by your executors was 281 bushel, of which 181 bushel was sold on January 11, 1928, at $1.15

per bushel, making total received, $208.15, less a storage charge of $5.40, making net amount received,

the sum of $202.75. One hundred bushel of the above wheat was kept for seed for a portion of the land

for season of 1928, and all of such seed wheat was so used.



That was for the year 1928, the aforesaid one hundred bushel of wheat was sown on the NW1/4 of said

land, and the one-half crop received thereof by your executors was 356 bushel gross, the dockage was 8

bushel, leaving 348 bushel net, now in elevator, and not yet sold.

On the NE1/4 of said land, the tenant furnished his own seed, and your executors received one-third

thereof, which amounted to 319 bushel gross, making a total of 675 bushel gross weight of wheat not on

hand and remaining unsold. There was about twenty acres planted to corn this year, which ahs not yet

been husked or harvester.



that the following is a summary of the items of receipts and items of disbursements for which items your

executors provides vouchers or receipts.



ITEMS OF RECEIPTS



January 11, 1928, proceeds of 181 bushel of wheat at $1.1.5 per bushel, less storage of $5.40

$202.75

1927 share of corn sold, consisting of 159 bushel, 36 lbs, at 71 cents

$113.35



$316.10



DISBURSEMENTS



To Mrs. Rose Currier, to apply on indebtedness due her as per last report

$25.00

Back taxes on Redfield residence property

$161.54

Insurance premium on Redfield property $3.78

Due executors as per last report $12.19

Total Expenditures

$253.91



Cash in hands of executors $62.19



Otherwise than is above effected, the condition of the estate is the same as heretofore reported,

excepting only that the total indebtedness has increased instead of diminished, all of which also appears

from the petition for the sale of real property heretofore presented to this court.



Frank E. Joyce (sig)

Michael E. Joyce (sig)



State of South Dakota, County of Spink, ss:



Frank E. Joyce and Michael E. Joyce, each being first duly sworn, doth depose and say, that they are the

executors of the above entitled estate, that they have read the above and foregoing Annual Report, and

know the contents of same, and that the same is true of their own knowledge.



Frank E. Joyce (sig)

Michael E. Joyce (sig)



Subscribed and sworn to before me this 20th day of October, A. D., 1928

Wm. Issenhuth (sig), Notary Public



**********



Affidavit of publication, newspaper clipping

1928_10_22_1.tif



**********

ORDER OF SALE OF REAL PROPERTY



State of South Dakota, County of Spink, ss: In County Court, October Term, A. D., 1928



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Order of Sale of Real Property



Michael E. Joyce, Jr., and Frank E. Joyce, Executors of the estate of Michael Joyce (Sr.), deceased,

having on the 29th day of September, 1928, presented to this court, a petition in due form, verified by

each of them under oath, praying for an order of sale of all of the real property of said estate;



And it having appeared to this court from said petition that it is necessary and that it is, and will be for the

advantage, benefit and best interests of said estate and all those interested therein, to sell all of the real

property of said estate, said petition was filed and thereafter on the 22nd day of October, A. D. 1928, at

the hour of ten o'clock in the forenoon of said day, at the court room of this court, said executors

appearing in person and by Wm. Issenhuth, their attorney, upon satisfactory proof to the court of due

service of the notice heretofore issued of a hearing upon said petition, and said proof being filed herein,

and it duly appearing that said notice was served on all persons interested in said estate and any and all

legatees, devisees and heirs of said decedent, pursuant to law and the order of this court, said notice

having been published for three successive weeks before this date in the Redfield Journal-Observer, a

legal and weekly newspaper, printed and published at the city of Redfield, in said Spink County, as same

fully appears by the affidavit of Carmon L. Bates, filed herein, as a true and correct copy of the Order and

Notice to Show Cause on filing petition to sell real property made by this court, on said 29th day of

September, together with a true and correct copy of the petition for the sale of said real property having

been mailed to each of the heirs, and devisees of said decedent, and all parties in interest on the 1st day

of October, 1928, and further, that a true and correct copy of said Order and Notice having been on said

1st day of October, 1928, posted in three of the most public places in said Spink County, all of which

more fully appears by the affidavit of Wm. Issenhuth, presented and filed herein, and all of the heirs,

legatees and devisees of said decedent having acknowledged in writing, receiving said copy of said

petition to sell said real estate, together with the ORder and Notice thereof of this court, and same having

also been presented and filed herein, this court thereupon proceeded to the hearing of said petition and

heard and examined the allegations and proofs of the said petitioners, and no eprson in anywise

interested in said estate having made or filed any objections thereto, and it duly appearing that all of the

proceedings upon said petition have been in all respects strictly conducted in accordance with law, and

that all of said persons interested in said estate, as heirs, devisees, legatees or otherwise, appearing to

be desirous of having such sale made, and that unless said sale is speedily made, said estate is likely to

become insolvent.



Now on Motion of said counsel for said executors, IT IS HEREBY ORDERED, ADJUDGED AND

DECREED, that Frank E. Joyce and Michael E. Joyce (Jr.) as executors of said estate be, and they are

hereby authorized to sell each and every piece, parcel or tract of real property belonging to said estate,

as the said executors shall judge most beneficial, at private sale, to the highest bidder, upon the followin

terms and conditions, and in the following order, to-wit:



Lot Six (6), in Block Four (4), of the Original Plat of the City of Redfield, in the County of Spink, and State

of South Dakota.



The Northwest Quarter (NW1/4) of Section Eighteen (18), in Township One Hundred Fifteen (115),

Range Sixty-six, West of the Fifth P.M., in Hand County, South Dakota, containing 130.68 acres, more or

less, according to the Government survey thereof.



The Northeast Quarter (NE1/4) of Sectoin Eighteen (18), in Township One hundred Fifteen (115), Range

Sixty-Six, West of the Fifth P.M., in Hand County, South Dakota, containing 160 acres, more or less,

according to the Government survey thereof.



AND IT IS FURTHER ORDERED, that before making such sale the said executors shall execute a sale

bone with two or more sureties to be approved by this Court, in the penal sum of Twelve Thousand, Five

Hundred ($12,500.00) Dollars, conditioned that the said executors shall faithfully execute the duties of

their trust, according to law.



AND IT IS FURTHER ORDERED, that the terms of sale shall not be less than one-fourth of the purchase

price paid in cash, and the balance in deferred payments with interest at the rate of 6% per annum, and

that no payment shall be deferred longer than five years from the date of such sale, and all deferred

payments shall be secured by a first mortgage upon the real property sold, but that such sale may be also

made for all cash, and said executors are directed to make such sale or sales for all cash provided they

are able to secure as good a bid for said land for cash.



AND IT FURTHER APPEARING that the decedent intended to devise and bequeath the said Northeast

quarter (NE1/4) of said Section Eighteen (18), (last above described) to John Joyce, said executors are

hereby directed and ordered to first sell the first two tracts, parcles and descriptions above given, and if

the proceeds derived from same are amply sufficient to fully pay all of the indebtedness of said estate,

and expenses of administration, then said last mentioned description need not be sold by them, unless

such sale is consented thereto by said John Joyce.



AND IT IS FURTHER ORDERED, that notices of said sale be posted in three of the most public places in

both Spink and Hand Counties, South Dakota, in which counties said lands are situated and published in

a legal newspaper in both of said counties for twel weeks successively, next before the date on or after

which said sales are to be made, and that Monday, the 5th day of November, 1928, be designated the

day upon which bids are to be received, and that said sale be made within thirty days from tha tdate, the

court deeming it necessary and expedient and for the best interests of all parties interested in said estate

that said sale be made as speedily as possible.



Done in open Court, at Redfield, South Dakota, this 22nd day of October, A.D. 1928/



By the Court:

P. L. Alexander (sig), Judge

Attest: R. H. Schalkle (sig), Clerk

W. F. Coopersmith, Deputy



**********



ORDER AND NOTICE OF HEARING ON ANNUAL REPORT OF EXECUTORS



State of South Dakota, County of Spink, ss: In County Court, October Term, A. D., 1928



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Order and Notice of Hearing on Annual

Report of Executors



Frank E. Joyce and Michael E. Joyce, executors of the estate of the above named Michael Joyce (Sr.),

Deceased, having presetned and filed in this court, their annual report of their acts and doings as such

executors, and of all moneys received and disbursed by them, from the 1st day of July, 1927, up to and

including the 22nd day of October, 1928, and praying that a day be fixed for a hearing on same, and for

the approval thereof, now on motion of Wm. Issenhuth, the attorney for said executors,



IT IS ORDERED, that Saturday, the 10th day of November, A. D., 1928, at the hour of ten o'clock, in the

forenoon of said day, at the office of the County Judge, in the courthouse, in the city of Redfield, in said

Spink County, and State of South Dakota, is hereby fixed as the time and place for a hearing upon said

Annual Report, at which time any and all persons interested in said estate may appear and object thereto

or file their objections thereto in writing,



AND IT IS FURTHER ORDERED, that a copy of said Annual Report together with a copy of this order

and Notice, be mailed to each of the heirs, devisees and legatees of said decedent, and all parties

interested in said estate, at least ten days before said hearing, and copies of this order and notice be

posted, one at each of the three most public places in said Spink County, at least ten days before said

hearing.



Done in open Court, at Redfield, South Dakota, this 22nd day of October, A. D., 1928.



By the Court,

P. L. Alexander (sig), Judge

Attest: R. H. Schalkle (sig), Clerk



State of South Dakota, County of Spink, ss:



Wm. Issenhuth, being first duly sworn upon his oath, deposes and says, that he is the Attorney for the

above estate, and that on the 27th day of October, 1928, he posted copies of the foregoing Order and

Notice of Hearing on Annual Report of Executors, in three of the most public places in said Spink County,

as follows, to-wit: One at the front door of the courthouse; one at the Bulletin Board of the Law Building,

and one at the Bulletin Board of the Issenhuth Block, all in the City of Redfield, in said Spink county,

South Dakota.



Affiant further says, that on the 25th day of October, A. D., 1928, he mailed a true and correct copyu of

said Annual Report, and of the Order and Notice of Hearing thereon, to each of the heirs, devisees and

legatess of said decedent, and all parties in any wise interested in the said estate, at their respective last

known postoffice addresses, as follows, to-wit:



Michael E. Joyce, Tulare, South Dakota, RFD

Frank E. Joyce, Redfield, South Dakota

John Joyce, Redfield, South Dakota, c/o Frank E. Joyce

Patrick Joyce, Rockham, South Dakota, RFD

Mary Ann Roche, Rockham, South Dakota

Rose A. Currier, Redfield, South Dakota, c/o Frank E. Joyce

Lizzie Fallon, Tulare, South Dakota, RFD

Agnes M. Joyce, Faith, South Dakota

Anna Joyce, 516 S. Cicero Ave., Chicago, Illinois

Mary Joyce, 516 S. Cicero Ave., Chicago, Illinois

Theodore Joyce, 516 S. Cicero Ave., Chicago, Illinois

Siberz Bros & Craig, Tulare, South Dakota



Affiant further states that on said day there was regular mail service between the city of Huron, in the

County of Beadle and State of South Dakota, where said copies were mailed to said respective parties,

and the respective post office addresses of said parties.



Wm Issenhuth (sig)

Subscribed and sworn to before me this 27th day of October, A. D., 1928

P. L. Alexander (sig), County Judge





**********

ORDER APPROVING ANNUAL REPORT OF EXECUTORS



State of South Dakota, County of Spink: In County Court, July Term, A. D. 1930



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Order Approving Annual Report of

Executors



Frank E. Joyce and Michael E. Joyce, the duly appointed, qualified and acting Executors of the estate of

Michael Joyce (Sr.), deceased, having heretofore on the 22nd day of Ocotber, 1928, presented to this

Court and filed with the Clerk thereof their Annual Report as such Executors covering the period of time

from the 1st day of July, 1927, up to and including the 22nd day of October, 1928, and this Court having

on said day fixed a time and place for a hearing thereon to be had on the 10th day of November, A. D.,

1928, at the office of this Court in the Court House in the said city of Redfield, at it appearing from the

Affidavit of Wm. Issenhuth, filed herein on the 3rd day of November, 1928, that a true and correct copy of

said Annual Report and of the ORder and Notice of hearing thereon was by him duly mailed on the 27th

day of October, 1928, to each heir, devisee and legatee of said decedent, and all parties in any wise

interested in said estate at their respective last known postoffice addresses and that a copy of the Order

and Notice of hearing on said Annual Report was by him posted on same day in three of the most public

places in said Spink County,k and no one in any manner having appeared before this Court upon said

date, set for said hearing and objected thereto, and the Court having examined said Report and the

vouchers exhibited by siad Executors for their said expenditures and the Court having been fully satisfied

that said Report is in all things true and correct, Now on motion of Wm. Issenhuth, the attorney for said

Executors,



IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Annual Report of said Executors

convering said period of time from the 1st day of July, 1927, up to and including the 22nd day of October,

1928, be and the same is hereby fully approved, allowed, settled and confirmed and that same shows the

true condition of said estate and that there remains unexpended in the hands of said Executors the sum

of $62.19 only.



Done in open Court at Redfield, South Dakota, this 10th day of November, A. D. 1928.



By the Court:

P. L Alexander (sig), Judge of the County Court



**********



EXECUTORS' THIRD REPORT



State of South Dakota, County of Spink: In County Court, June Term, A. D. 1930



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Executors' Third Report



The undersigned Frank E. Joyce and Michael E. Joyce, Executors of the Estate of Michael Joyce (Sr.),

Deceased, respectfully submit to this Court a full and complete report of the moneys received and

chareable to them, and of the disbursements made and paid out by them from the 22nd day of October,

1928, the date of their last report, up to and including the 16th day of June, 1930.



Your Executors in general, first wish to report that the residence property of said estate situated in the city

of Redfield, in said Spink County, has been most of the time since their last report occupied by John

Joyce and Mrs. Rose Currier, it being deemed best that said premises be occupied by some one rather

than remain vacant. That no specific arrangement or agreement was made whereby said John Joyce or

Mrs. Rose Currier were to pay any rental for such occupancy but by reason fo the fact that said premises

not having modern conveniences and there being very little demand for residence properties and many

such residence properties being vacant, it has been deemed best to have residence property occupied

rather than remain vacant and that if this Court or any of the heirs or devisees to said estate deem it

equitable and proper that said John Joyce and Mrs. Rose Currier should be held accountable for a

reasonable rental for such use and occupancy, then said matter may be hereafter adjusted and

determined.



That the farm land of said estate described as North One-half (N1/2) of Section Eighteen (18), in

Townshio One hUndred Fifteen (115), North of Range Sixty Six (66), contains a total of 290. 67 acres and

same was leased during the farming season for the year 1929, on a crop share rental of one-third of all

crop net delivered to market by tenant, free of all charges. There was 95 acres under cultivation and

cropped on the NE1/4 Section 18, during said season of 1929, of which 70 acres was sown to wheat and

85 acres planted to corn. On the said frantional NW1/4 of said section there was 45 acres planted to

corn and tenant was given free use of 20 acres more which had once been broken up but gone back, for

again breaking same up and putting it in proper state for cultivation. The balance of said land is grass

land with some sloughs on it.



The 1928 crop had not been sold or disposed of at the time the former second report of your executors

was made on the 22nd day of October, 1928. The estate's share of corn grown that year was sold for

the lump sum of $50.00. The estate's share of wheat was hauled to three different elevators at

Rockham, South Dakota, and all sold on the 2nd day of February, 1929, and the following is a tabulated

statement giving the gross number of bushel hauled to each elebator, the dockage, net bushels, price per

bushel sold for, the storage charge and gross amount of the sales.



**********



AFFIDAVIT OF MAILING



County of Spink, ss: In County Court, July Term, A. D., 1930



In the matter of the Estate of Michael Joyce (Sr.), Deceased: Affidavit of Mailing



State of South Dakota, County of Beadle, ss



Wm. Issenhuth, being first duly sworn upon his oath, deposes and says, that he is the Attorney for the

above estate; that on the 2nd day of July, 1930, he mailed a true and correct copy of said "Executors'

Third Report" together with a copy of "Order for Hearing on Executors' Third Report" to each of the heirs,

devisees and legatees of said decedent, and all parties in any wise interested in the said Estate, at their

respective last known postoffice addresses, as follows, to-wit:



Michael E. Joyce, Tulare, South Dakota, RFD

Frank E. Joyce, Redfield, South Dakota

John Joyce, REdfield, South Dakota, c/o Frank E. Joyce

Patrick Joyce, Rockham, South Dakota, RFD

Mary Ann Roche, Rockham, South Dakota

Rose A. Currier, Redfield, South Dakota, c/o Frank E. Joyce

Lizzie Fallon, Tulare, South Dakota

Agnes M. Joyce, Faith, South Dakota

Anna Joyce, 516 S. Cicero Ave., Chicago, Illinois

Mary Joyce, 516 S. Cicero Ave., Chicago, Illinois

Theodore Joyce, 516 S. Cicero Ave., Chicago, Illinois

Siberz Bros. & Craig, Tulare, South Dakota



Affiant further states that on said day there was regular mail service between the city of Huron, in the

County of Beadle and State of South Dakota, where said copies were mailed to said respective parties,

and the respective postoffice addresses of said parties.



Wm. Issenhuth (sig)

Subscribed and sworn to before me this 3rd day of July, A. D. 1930.

Jennie Weeks (sig), Notary Public



***********



ORDER FOR HEARING ON EXECUTORS' THIRD REPORT



State of South Dakota, County of Spink: In County Court, July Term, A. D. 1930



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Order for Hearing on Executors' Third

Report

Frank E. Joyce and Michael E. Joyce, Executors of the Estate of Michael Joyce (Sr.), deceased, having

presented to this Court and filed with the Clerk thereof their Thrid Report covering the period of time from

the 22nd day of October, 1928, up to and including the 16th day of June, 1930, and said Executors being

desirous of having a time and place set for a hearing thereon upon due notice to all fo the heirs, devisees

and parties interested in said estate,



IT IS HEREBY ORDERED that Monday, the 14th day of July, A. D., 1930, at the hour of two o'clock in teh

afternoon of said day, at the office of the County Judge, in the Court House, in the City of REdfield, in

said County of Spink and State of South Dakota, be and the same is hereby designated and set as the

time and place for such hearing upon said Report, at which time and place mny heir of said decedent or

devisee under his last Will and Testament, or any party in anywise interested in said estate may appear in

person and make his objections thereto known or file his objection sin writing with the Clerk of said Court

at said time or at any time previous to said hearing and likewise any objections any of said persons may

have to any and all previous reports, acts and doings of Said Executors.



IT IS FURTHER ORDERED that said Executors or their attorney Wm. Issenhuth, cause to be mailed to

each and every of said parties at their last known respective postoffice addresses, a true and correct copy

of said Third Report, together with a copy of this Order, at least ten days before said hearing, and that a

copy of this Order be posted in three of the most public places in said Spink County, one at the Bulletin

board at the front door of the Court House; one at the Bulletin board of the Law Building and one at the

Bulletin board of the Issenhuth Block, all in the city of Redfield, in said Spink County, South Dakota, at

least ten days before said hearing.



Done in open Court at Redfield, South Dakota, this 3rd day of July, A. D. 1930.



By the Court,

P. L. Alexander (sig), Judge of the County Court

Attest: R. H. Schalkle (sig), Clerk of the County Court



***********



ORDER FOR HEARING ON EXECUTORS' THIRD REPORT



State of South Dakota, County of Spink: In County Court, July Term, A. D., 1930



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Order for Hearing on Executors' Third

Report



Frank E. Joyce and Michael E. Joyce, Executors of the Estate of Michael Joyce (Sr.), deceased, having

presented to this Court and filed with the Clerk thereof their Third Report covering the period of time from

the 22nd day of October, 1928, up to and including the 16th day of June, 1930, and said Executors being

desirous of having a time and place set for a hearing thereon upon due notice to all of the heirs, devisees

and parties interested in said estate,



IT IS HEREBY ORDERED that Monday, the 14th day of July, A.D., 1930, at the hour of two o'clock in the

afternoon of said day, at the office of the County Judge, in the Court House, in the City of Redfield, in said

County of Spink and State of South Dakota, be and the same is hereby designated and set as the time

and place for such hearing upon said Report, at which time and place any heir or said decedent or

devisee under his last Will and Testament, or any party in anywise interested in said estate may appear in

person and make his objections thereto known or file his objections in writing with the Clerk of said Court

at said time or at any time previous to said hearing and likewise any objections any of said persons may

have to any and all previous reports, acts and doings of said Executors.



IT IS FURTHER ORDERED that said Executors or their attorney Wm. Issenhuth, cause to be mailed to

each and every of said parties at their last known respective postoffice addresses, a true and correct copy

of said Third Report, together with a copy of this Order, at least ten days before said hearing, and that a

copy of this ORder be posted in three of the most public places in said Spink County, one at the Bulletin

board at the front door of the Court House; one at the Bulletin board of the Law Building and one at the

Bulletin board of the Issenhuth Block, all in the city of Redfield, in said Spink County, South Dakota, at

least ten days before said hearing.



Done in open Court at Redfield, South Dakota, this 3rd day of July, A.D., 1930.



By the Court,

P. L. Alexander (sig), Judge of the County Court



Attest: R. H. Schalkle (sig), Clerk of the County Court



**********



AFFIDAVIT OF POSTING



State of South Dakota, County of Spink: July Term, A. D. 1930



In the Matter of the Estate of Michael Joyce (Sr.), Deceased: Affidavit of Posting



State of South Dakota, County of Spink

Wm. Issenhuth, Jr., being first duly sworn upon his oath, deposes and says that pursuant to the Order of

the County Court, dated the 3rd day of July, 1930, he did on said day post a copy of said Order of

Hearing in three of the most public places in said Spink County, designated by said Court, as follos,

to-wit: One at the Bulletin board at the front door of the Court House, one at the Bulletin board of the Law

Building, and one at the Bulletin board of the Issenhuth Block, all in the city of Redfield, in said County of

Spink, in the state of South Dakota, under the direction of Wm. Issenhuth, the attorney for said Estate.



Wm. Issenhuth (sig)



Subscribed and sworn to before me this 3rd day of July, A.D., 1930,



E. Issenhuth (sig), Notary Public



**********



ORDER APPROVING EXECUTORS' THIRD REPORT



State of South Dakota, County of Spink, In County Court, July Term, A. D., 1930



In the Matter of the Estate ofr Michael Joyce (Sr.), Deceased: Order Approving Executors' Third Report



Frank E. Joyce and Michael E. Joyce, the duly appointed, qualified and acting Executors of the Estate of

Michael Joyce (Sr.) deceased, having heretofore presented and filed herein their "Third Report" covering

the period of time from the 22nd day of October, 1928, up to and including the 15th day of June, 1930,

and which said Report shows that said Executors have personally paid out the sum of $33.24 more than

they have received, and that the only personal assets now on hand consist of 338 bushel and 50 lbs. of

Marquis wheat in storage and about 70 bushel of corn from the crop rental of the season of 1929, and it

appearing to the satisfaction of this Court from the affidavit of Wm. Issenhuth that a copy of said

"Executors' Third Report" together with a copy of the Order of this Court dated the 3rd day of July, 1930,

as by him duly mailed to all of the heirs, devisees and each and every party interested in said Estate, at

least ten days before the 14th day of July, 1930, and it further appearing from the affidavit of Wm.

Issenhuth, Jr., that a copy of said Order of hearing on Executors' Third Report was by him posted in three

of the most public places in said Spink County, at least ten days before said hearing,

And no on this 14th day of July, A.D., 1930, at two o'clock in the afternoon, said matter coming on in due

legal manner for hearing and no one having appeared in opposition to the approval of said Third Report

of said Executors and no objections having been filed herein or made known to this Court, and this Court

having examined said Report and vouchers submitted for the expenditures therein set forth, and being

satisfied that said "Report is true and correct, Now on Motion of Wm. Issenhuth, the attorney for said

Executors and for said Estate,



IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said "Executors' Third Report" be and the

same is hereby in all things allowed, approved and confirmed and that the prior reports of said Executors

are again approved, confirmed and fully alloed, and that the only personal property now in the hands of

said

Executors is that above and herein specified.



Done in open Court at Redfield, South Dakota, this 14th day of July, A.D., 1930.



By the Court: P. L. Alexander (sig), Judge of the County Court



Attest: R. H. Schalkle (sig), Clerk of the County Court



**********



At a County Court held in and for Spink County, South Dakota, at the office of the County Judge, in the

City of Redfield in said County, on the 24th day of August A.D., 1935. Present: Hon. P. L. Alexander,

County Judge.



State of South Dakota, County of Spink, ss: In County Court



In the Matter of the Estate of Michael Joyce, Deceased



On reading and filing the petition of Patrick Joyce and John Joyce, of Hand County, setting forth that

Michael Joyce, died testate on the 5th day of October, 1914, and praying that Letters of Administration

with will annexed, of the estate of said deceased be issued to Joseph Joyce of Hand County, South

Dakota, at a regular term to be held at his office in the City of Redfield in said County of Spink on the 23rd

day of September A.D. 1935, at 11 o'clock A.M. of that day.



It is further ordered, that due notice thereof be given by publishing a notice of hearing for three

successive weeks (once each week), prior to said hearing in the Redfield Journal Observer, a newspaper

published in said County and that copies of said notice be addressed to the heirs of said Michael Joyce

deceased, resident in this State, at their places of residence, and deposited in the postoffice, with the

postage thereon prepaid, by the said petitioner at least ten days before the time of said hearing.



Dated at Redfield, South Dakota, this 24th day of August A.D., 1935.



By the Court: P. L. Alexander (sig), Judge of the County Court.

Attest: Lewis J. Howard (sig)





**********



County of Spink, In the Matter of the Estate of Michael Joyce, Deceased



The State of South Dakota Sends Greeting to Patrick Joyce, John Joyce, Rose A. Currier, John M.

Roach, Frank Roach, Peter J. Roach, Catherine Roach, George Roach, Thomas Roach, Walter Roach,

Robert Dean, William Dean, Gertrude Joyce, Grace Joyce, Ed Joyce, Donald Joyce, Anna Joyce, Rosie

Joyce, Gene Joyce, Genevieve Joyce, Antonia Joyce, Anna Joyce, Mary Joyce, Theodore Joyce, Agnes

M. Joyce, True Joyce, Lucille Rich, Thomas A. Joyce, Alice Ross, Margaret Lichtenberg, James Fallon,

George Fallon, Ed. Fallon, Frank Fallon, heirs at law and next of kin of Michael Joyce, deceased, and to

all whom these presents may come.



Notice is hereby given that Patrick Joyce and John Joyce haf filed with the Judge of this Court, a petition

praying for Letters of Administration with will annexed, of the Estate of Michael Joyce, Deceased, for

Joseph Joyce, and that Monday the 23rd day of September, 1935, at eleven o'clock A.M. of said day,

being a day of a regular term of this Court, to-wit: of the September term, 1935, at the office of County

Judge, in the City of Redfield, County of Spink, has been set for hearing said petition, when and where

any person interested may appear and show cause why the said petition should not be granted.



Dated at Redfield, S. Dak., this 24th day of August, A. D. 1935.



P. L. Alexander (sig), County Judge

Attest: Lewis J. Howard (sig), Clerk of Courts



**********



PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED



State of South Dakota, County of Spink, ss: In County Court



In the Matter of the Estate of Michael Joyce, Deceased, Petition for Letters of Administration with Will

Annexed.



To the Honorable P. L. Alexander, Judge, of the County Court in the State of South Dakota:



Now come the undersigned, Patrick Joyce and John Joyce, sons and heirs of the above named

decedent, and respectfully state:



That Michael Joyce died testate in the city of Redfield, Spink County, South Dakota, on or about the 5th

day of Otober 1914, leaving a last will and testament, wherein Michael E. Joyce and Frank E. Joyce were

named as executors;



That said last will and testament was thereafter on the 7th day of November 1914, duly admitted to

probate in this Court and the siad Michael E. Joyce and Frank E. Joyce were appointed by this Court as

executors of such estate.



That thereafter noticed to creditors was given by such executors, inventory filed as required by law and

reports made to this Court; that Michael E. Joyce died on December 12, 1934, and Frank E. Joyce died

on December 18, 1934, and there is no one in authority to complete the administration of the estate of the

above named decedent, the files therein being hereby referred to and made a part of this petition.



That there is farm land located in Hand County, South Dakota, belonging to said estate which needs the

attention of an administrator, which farm land is more particularly described in the inventory herein; that

there is now surviving said above named decedent the following names heirs:



Catherine Joyce, widow, now deceased.

Patrick Joyce, son, age 81, Rockham, S. Dak.

John Joyce, son, age 85, Rockham, S. Dak.

Rose A. Currier, daughter, age 74, Redfield, S. Dak.

Mary A. Roach, daughter, who is now deceased and left the following named heirs:



John M. Roach, son, age 53, Rockham, S. Dak.

Frank Roach, son, age 46, Tulare, S. Dak.

Peter J. Roach, son, age 44, 1325 Pine St., San Francisco, California

Catherine Roach, daughter, age 42, Los Angeles, Calif.

George Roach, son, age 41, c/o T. S. Martin Co., Sioux City, Iowa.

Thomas Roach, son, age 39, Tulare, S. Dak.

Walter Roach, son, age 37, Rockham, S. Dak.

Robert Dean, grandson, age 27, Watertown, S.D.

William Dean, grandson, age 22, Watertown, S.D.



Michael E. Joyce, son, now deceased, having died intestate in December 1934, leaving as his sole heirs

the following named persons:



Gertrude Joyce, daughter, age 47, Tulare, S.D.

Grace Joyce, daughter, age 46, Tulare, S.D.

Ed. Joyce, son, age 45, Redfield S.D.

Donald Joyce, son, age 44, Rockham, S.D.

Anna Joyce, daughter, age 43, Miles City, Montana

Rosie Joyce, daughter, age 42, Aberdeen, S. D"ak.

Gene Joyce, son, age 41, Rockford, N. Dak.

Genevieve Joyce, daughter, age 40, Yankton, S.D.



Frank E. Joyce, son, now deceased, having died intestate in December 1934, leaving as his sole heirs

the following named persons:



Antonia Joyce, widow, age 67, Redfield, S. Dak.

Gertrude Joyce, niece, age 47, Tulare, S. Dak.

Grace Joyce, niece, age 46, Tulare, S. Dak.

Ed Joyce, nephew, age 45, Redfield, S. Dak.



James Joyce, son, now deceased, having died intestate, leaving as his sole heirs the following named

persons:



Anna Joyce, widow, age 52, 516 Cicero Ave., Chicago, Ill.

Mary Joyce, daughter, age 32, 516 Cicero Ave., Chicago, Ill.

Theodore Joyce, son, age 30, 516 Cicero Ave., Chicago, Ill.



Lizzie Fallon, daughter, now deceased, having died intestate, leaving as her sole heirs the following

nameed persons:



Alice Ross, daughter, age 38, Gayville, S. Dak.

Margaret Llictenberg, daughter, age 36, Rockham, S.D.

James Fallon, son, age 35, Tulare, S. Dak.

George Fallon, son, age 31, Tulare, S. Dak.

Ed Fallon, son, age 31, Tulare, S. Dak.

Frank Fallon, son, age 27, Tulare, S. Dak.



**********



PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED





State of South Dakota, County of Spink, ss: In County Court



In the Matter of the Estate of Michael Joyce, Deceased: Petition for Letters of Administration with Will

Annexed.



To the Honorable P. L. Alexander, Judge, of the County Court in the State of South Dakota:



Now come the undersigned, Patrick Joyce and John Joyce, sons and heirs of the above named

decedent, and respectfully state:



That Michael Joyce died testate in the city of Redfield, Spink County, South Dakota, on or about the 5th

day of October 1914, leaving a last will and testament, wherein Michael E. Joyce and Frank E. Joyce

were named as executors;



That said last Will and testament was thereafter on the 7th day of November 1914, duly admitted to

probate in this Court and the said Michael E. Joyce and Frank E. Joyce were appointed by this Court as

executors of such estate.



That thereafter notice to creditors was given by such executors, inventory filed as required by law and

reports made to this Court; that Michael E. Joyce died on December 12, 1934 and Frank E. Joyce died on

December 18, 1923, and there is no one in authority to complete the administration of the estate of the

above named decedent, the files therein being hereby referred to and made a part of this petition.



That there is farm land located in Hand County, South Dakota, belonging to said estate which needs the

attention of an administrator, which farm land is more particularly described in the inventory herein; that

there is now surviving



WHEREFORE; your petitioners pray the Court that a day of hearing be fixed for considering this petition,

and that upon such hearing Joseph Joyce of Rockham, South Dakota, be appointed as administrator with

a will annexed without bond, as provided by the will of said decedent.



John Joyce (sig)

Patrick Joyce (sig)



State of South Dakota, County of Hand: ss



Patrick Joyce and John Joyce, being first duly sworn depose and say that they have read the within and

foregoing petition and know the contents thereof; that the same is true of their own knowledge, except as

to matters therein stated upon information and belief, and as to those matters they believe them to be

true.



John Joyce (sig)

Patrick Joyce (sig)



Subscribed and sworn to before me, this 19 day of August, 1935.



**********



PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED



State of South Dakota, County of Spink, ss: In County Court, September Term, a.D., 1935



In the Matter of the Estate of Michael Joyce, Deceased: Petition for Letters of Administration with Will

Annexed.



To the Hon. P. L. Alexander, Judge of the County Court of the County of Spink, State of South Dakota:



The Petition of William Issenhuth, as Trustee, Mrs. Mary McCarthy, and William Issenhuth in his personal

behalf, aid Mrs. Mary McCarthy now residing at Seminole, Oklahoma, and said William Issenhuth, at

Huron, South Dakota, respectfully shows:



That Michael Joyce (Senior) died in the year 1914, and upon said date, two of the sons of said decedent,

to-wit, Michael E. Joyce and Frank E. Joyce were duly appoited as Executors of said Estate and qualified

as such and acted as such until late in the year 1934, when both of them died, said Frank E. Joyce as

Executor having transacted practically all of the business pertaining to said Estate.



that the residue of said estate consists of the same real property described in the Inventory and several

reports heretofore made by said Executors, with the possible addition of some uncollected rentals of past

years and rentals for this year, together with an accounting with the estate of said Frank E. Joyce,

deceased. Said real property consists of the North Half (N1/2) of Section Eighteen (18), in Township

One Hundred Fifteen (115) North, of Range Sixty-six (66) situated in Hand County, South Dakota, the fee

title of which now rests in John Joyce of Redfield, S. D., by virtue of a deed of conveyance made by all of

the other heirws to him, subject to the debts of said estate, and also Lot Six (6) in Block Four (4) of the

Original Plat of the City of Redfield, in Spink County, South Dakota, the fee title of which is held by Mrs.

Rose Currier by virtue of a deed of conveyance made by all the other heirs of said estate to her, also

subject to the debts of said estate.



That said Hand County farm land contains 290.67 acres and present market value of same would be

approximately $2,000.00 but that the taxes against same have not been paid for six or seven years and

amount to approximately $1000.00 and your Petitioner is informed that one Mary Hatch has within her

past year taken a Tax Deed against the Northeast (NE1/4) Quarter. That the taxes against said Redfield

City property have not been paid for past five years and amount to approximately $150.00 and that

proceedings have been commenced for the taking of a Tax Deed against same. That the present market

value of said property is approximately $600.00.



That on or about January 27th, 1919, all of the heirs to said estate, excepting John Joyce, by an

instrument in writing, authorixed said Executors to borrow money from time to time for the care and

support of Catherine Joyce, the surviving widow of said decedent, whereby they severally and jointly

pledged all their respective interests in and to said estate for the repayment of same, and thereafter, said

Executors borrowed from your Petitioner as Trustee for Bernardina Vens, the sum of $1500.00 on

October 20th, 1924. That thereafter, on September 27th, 1928, the remaining heir, John Joyce, made

and delivered a like agreement on his part. That no part of said $1500.00 as been repaid excepting the

sum of $300.00 which was paid on or about the year 1929. That there remains due on said

indebtedness at this time approximately $2300.00, and that one Mrs. Mary McCarthy is at this time the

beneficiary of practically all of said amount, and she joins in this Petition as a creditor of said estate.

That said Estate is now and for several years last past, has been hopelessly insolvent.



That your Petitioner has acted as the attorney for said estate from the beginning until now, a period of

practically 21 years, and he has not been paid anything for his services, and that calculating the value of

his services at only $25.00 per year, there would be now due and owing him for said services the sum of

$525.00, but that $1000.00 would represent a fair and reasonable compensation for all of said services.

That your Petitioner has also paid all of the costs of administration, such as fees of Clerk of Courts,

publication fees and procuring abstracts for the aforesaid properties, and the amounts so actually

expended for said purposes is in excess of $100.00.



That your Petitioner is primarily entitled to Letters of Administration with Will Annexed because of the

priority of his claim and the person next entitled to such appointment is said Mrs. Mary McCarthy and do

not waive their respective right to such appointment, but both are willing to yield if some competent

person not personally interested in said estate is appointed such as John D. Fargo or Fred W. Marmon,

both of Redfield, S. D., or any other comptent person with considerable business and farming experience.



That if said estate were solvent, then the only persons interested therein, aside from your Petitioner as

Trustee and as an individual, would be the remaining creditors of said estate, and then John Joyce and

Mrs. Rose Currier, both of Redfield, S. D., would be entitled to the residue thereof, and none other,

excepting Mrs. Mary McCarthy heretofore mentioned who is practically the sole beneficiary of the Trust

held by your Petitioner. That if the pledges made by the heirs and devisees of said estate had not been

made and the aforesaid deeds of conveyance not been made, then the following heirs originally

mentioned and heirs and devisees of deceased heirs would be interested in said estate, all of whom are

above the age of majority, and their names and last known post-office addresses respectively, being as

follows, to-wit:

Mrs. Rose Currier, John Joyce and Antonia Joyce of Redfield, S. D., Patrick Joyce, John M. Roach, Frank

Roach, Peter J. Roach, Catherine Roach, Thomas Roach, Walter Roach, William Dean, Gertrude Joyce,

Grace Joyce, Ed Joyce, Donald Joyce, Anna Joyce, Rosie Joyce, Gene Joyce, Genevieve Joyce, Anna

Joyce, Mary Joyce, Theodore Joyce, Agnes M. Joyce, True Joyce, Lucille Rich, Thomas A. Joyce, Alice

and Frank Fallon, their respective post-office addresses so far as is known to your Petitioner is Rockham,

S. D., excepting at of Agnes M. Joyce which is Faith, S.D., and Robert Dean which is Aberdeen, S.D.,

and Anna Joyce, Mary Joyce and Theodore Joyce which is Chicago, Illinois.



That a Petition has been heretofore to this Court by Patrick Joyce and John Joyce praying for the

appointment of one Joseph Joyce as and for Administrator with Wll Annexed, but your Petitioners resist

such appointment upon the grounds that neither of said Petitioners nor said Joseph Joyce in truth and in

fact, have any equity or interest in said estate, unless they can defeat the Rights of your Petitioner as

Trustee and as an individual and that of Mrs. Mary McCarthy as beneficiary as hereinbefore set forth, and

of Mrs. Mary McCarthy as beneficiary as hereinbefore set forth, and there appears no reason why your

Petitioner should not continue as the attorney for said estate or be supplanted by Harlan J. Bushfield of

Miller, S.D.



WHEREFORE, Your Petitioners pray that the aforementioned Petition of Patrick Joyce and John Joyce

be denied and that a day of Court may be appointed for hearing of this application; that due notice be

given thereof by said Court if deemed necessary, and that at the hearing set for on the 23rd day of

September, 1935 or upon a future hearing set by this Court, and proofs to be adduced, Letters of

Administration of said Estate with Will Annexed, be issued to your Petitioner or such other persons as are

hereinbefore mentioned.



Dated September 20th, 1935.



Mrs. Mary McCarthy (sig)

Wm. Issenhuth (sig), Her Attorney

Wm. Issenhuth (sig), As Trustee

William Issenhuth (sig), In his individual right



VERIFICATION



State of South Dakota, County of Beadle, ss:



William Issenhuth, being first duly sworn, deposes and says: That he has read the foregoing petition and

knows the contents thereof; that the same is true of his own knowledge except as to matters therein

stated upon information and belief, and as to such, he believes the same to be true.



William Issenhugh (sig)



Subscribed and sworn to before me this 20th day of September, 1935.



C. A. Moe (sig), Notary Public



**********



AFFIDAVIT OF MAILING NOTICE



State of South Dakota, County of Spink, ss: In County Court



In the Matter of the Estate of Michael Joyce, Deceased: Affidavit ot Mailing



Personally appeard Harlan J. Bushfield, who being by me first duly sworn, deposts and says that he is

attorney of the estate of the said Michael Joyce deceased, and that on the 24th day of August, A.D.,

1935, he served copies of the attached notice upon Patrick Joyce, John Joyce, Rose A. Currier, John M.

Roach, Peter J. Roach, Catherine Roach, George Roach, Thomas Roach, Walter Roach, Robert Dean,

William Dean, Gertrude Joyce, Grace Joyce, Ed Joyce, Donald Joyce, Anna Joyce, Rosie Joyce, Gene

Joyce, Genevieve Joyce, Agnes M. Joyce, True Joyce, Lucille Rich, Thomas A. Joyce, Alice Ross,

Margaret Lichtenberg, James Fallon, George Fallon, Ed. Fallon, and Frank Fallon by depositing such

copies in the Postoffice at Miller, Hand County, South Dakota, directed to each at the Postoffice of Patrick

Joyce, John Joyce, rockham, S.D.; Rose A. Currier, Redfield, S.D.; John M. Roach, Rockham, S.D.; Peter

J. Roach, San Francisco, Calif.; Catherine Roach, Los Angeles, Calif.; George Roach, Sioux City, Ia;

Thomas Roach, Tulare, S.D.; Walter Roach, Rockham, S.D.; Robert Dean, William Dean, Watertown,

S.D.; Gertrude Joyce, Grace Joyce, Tulare, S.D.; Ed Joyce, Redfield, S.D.; Donald Joyce, Rockham,

S.D.; Anna Joyce, Miles City, Montana; Rosie Joyce, Aberdeen, S.D.; Gene Joyce, Rockford, N. D.;

Genevieve Joyce, Yankton, S.D.; Antonia Joyce, Redfield, S.D.; Anna Joyce, Mary Joyce, Theodore

Joyce, Chicago, Ill.; Agnes M. Joyce, True Joyce, Lucille Rich and Thomas A. Joyce, Faith, S. Dak.; Alice

Ross, Gayville, S. Dak.; Margaret Lichtenberg, Rockham, S.Dak.; James Fallon, George Fallon, Ed.

Fallon, and Frank Fallon, Tulare, S. Dak. that the said notices were securely enclosed and directed to

each of said named persons as aforesaid, and the postage on each letter paid, and that there is postal

communication between each of the said named places.



Harlan Bushfield (sig)

Subscribed and sworn to before me this 23rd day of Septejmber, 1935

Martha L. Fau..... (sig), Notary Public





**********



BOND OF ADMINISTRATOR WITH WILL ANNEXED



State of South Dakota, County of Spink, ss.: In County Court, September 23, A.D., 1935



Know All Men by these Presents:



That we Joseph Joyce, as principal and Francis Joyce and John Joyce, John M. Roach as sureties, all of

the County of Spink, and State of South Dakota, are held and firmly bound unto the State of South

Dakota, in the penal sum of Two Thousand Dollars for the payment of which, well and truly to be made,

we hereby jointly and severally bind ourselves, our heirs, executors and administrators, firmly by these

presents.



The condition of the above obligation is such, that is the above bounden Joseph Joyce who has been

appointed administrator of the estate of Michael Joyce, deceased, by the County Court of Spink County,

South Dakota, in accordance with a decree of said County Court dated the 23rd day of September A.D.,

1935, shall faithfully discharge the office and duty of such administrator as required so to do by law, or by

order of said court, of all moneys and property that may come into his hands or into the hands of anyone

for him belonging to the estate of said deceased, and pay out the same under the sanction or direction of

said Court, or to any administrator hereafter to be appointed by a Court of competent jurisdiction, should

such appointment be made, then this obligation to be null and void, unless otherwise to remain in full

force and virtue.



In Witness whereof, We have hereunto set our hands and seals this 23rd day of September A.D. 1935.



Signed, Sealed and Delivered in Presence of

Joseph P. Joyce (sig)

John M. Roach (sig)

Frances Joyce (sig)

John Joyce (sig)



State of South Dakota, County of Spink, ss:

We, Francis Joyce and John Joyce, John M. Roach being duly sworn, depose and say that we are each

residents of and freeholders within the State of South Dakota, and that we are each worth the sum of Two

Thousand Dollars over and above all our just debts and liabilities, exclusive of property exempt from

execution.



Frances Joyce (sig)

John M. Roach (sig)

John Joyce (sig)



Subscribed in my presence by Francis Joyce and John Joyce and by them sworn to before me this 23rd

day of September A.D. 1935.



Harlan J. Bushfield (sig), Notary Public



**********



ORDER APPOINTING ADMINISTRATOR WITH WILL ANNEXED



At a County Court, Held in and for the County of Spink, and State of South Dakota, at the office of the

County Judge in the City of Redfield in said County, on Monday the 23rd day of September, A.D. 1935.



Present: Hon. P. L. Alexander, Judge of the County Court.



IN THE MATTER OF THE ESTATE OF MICHAEL JOYCE, Deceased: Order Appointing Administator

with Will Annexed.



On reading and filing the affidavit of Carmen Bates, one of the publishers of the Journal Observer, a

newspaper published in said County, showing due publication of the "Notice of Hearing" in this matter, as

required by the order of this Court dated dates the 24th day of August, A.D., 1935, and upon reading and

filing the affidavit of Harlan J. Bushfield, showing that printed copies of the "Notice of Hearing" of the

petition and application in this matter were by him addressed to the heirs at law and next of kin of said

deceased at their several places of residence within the State, and by him deposited in the United States

Post Office in the city of Miller, Hand County, State of South Dakota, with the postage thereon fully

prepaid by the petitioner, at least ten days before this hearing, to-wit: On the 24th day of August, A. D.

1935. Petitioners appearing in person, and by their attorney, and on motion of Harlan J. Bushfield,

attorney for petitioner, and no one opposing, and Mrs. Mary McCarty, by William Issenhuth, her attorney,

and William Issenhuth as trustee, and William Issenhuth in his individual right, have filed and presented a

petition asking that the petition of Patrick Joyce and Joyce Joyce be denied, and that letters of

administration with will annexed be issued to William Issenhuth, and the said William Issenhuth having

appeared personally in Court on behalf of said petition and having in open court waived any continuance

upon the prior petition hereinbefore referred to and having waived a day of hearing upon his own petition

other than the 23rd day of September, 1935, and having further stated in open court that he desired the

court ot pass finally upon his own peititon as well as the petition of Patrick Joyce and John ...



**********



ORDER APPOINTING ADMINISTRATOR WITH WILL ANNEXED



In the Matter of the Estate of Michael Joyce, Deceased: Order Appointing Administrator with Will Annexed



On reading and filing the affidavit of Carmen Bates, one of the publishers of the Journal Observer, a

newspaper publised in said County, showing due publication of the "Notice of Hearing: in this matter, as

required by the order of this Court dated the 24th day of August, A.D., 1935, and upon reading and filing

the affidavit of Harlan J. Bushfield, showing that printed copies of the "Notice of Hearing" of the petition

and application in this matter were by him addressed to the heirs at law and next of kin of said deceased

at their several places of residence within the State, and by him deposited in the United States Post

Office in the city of Miller, Hand County, State of South Dakota, with the postage thereon fully prepaid by

the peitioner, at least ten days before this hearing, to-wit: On the 24th day of August, A.D., 1935.

Petitioners appearing in person, and by their attorney, and on motion of Harlan J. Bushfield, attorney for

peitioner, and no one opposing, and Mrs. Mary McCarty, by William Issenhuth, her attorney, and William

Issenhuth as trustee, and William Issenhuth in his individual right, have filed and presented a petition

asking that the petition of Patrick Joyce and John Joyce be denied, and that letters of administration with

will annexed be issued to William Issenhuth; and the said William Issenhuth having appeared personally

in Court on behalf of said petition and having in open court waived any continuance upon the prior

petition hereinbefore referred to and having waived a day of hearing upon his own petition other than the

23rd day of September, 1935, and having further stated in open court that he desired the court to pass

finally upon his own petition as well as the petition of Patrick Joyce and John Joyce, at once, without

further notice;



And appearing to the Court that the petitioners, Patrick Joyce and John Joyce, were entitled to LETTERS

OF ADMINISTRATION either for themselves or for any competent person named by them, and the Court

being fully advised;



It is in open Court ORDERED, ADJUDGED and DECREED, that the petition of the said William Issenhuth

and others with him hereinafter described, be, and the same hereby is, denied; that the petition of Patrick

Joyce and John Joyce is hereby granted and that LETTERS OF ADMINISTRATION WITH THE WILL

ANNEXED of the Goods, Chattels, and Estate of the said Michael Joyce, late of Spink County, South

Dakota, deceased, testate, issue to Joseph Joyce of Spink County as prayed for in said petition, upon

their filing the oath of office as such Administrators with will annexed and a Bond to the State of South

Dakota, as required by law, in the penal sum of Two Thousand Dollars and that LETTERS OF

ADMINISTRATION WITH WILL ANNEXED issue accordingly.



Dated at Redfield, South Dakota, this 23rd day of September 1935.



By the Court, P. L. Alexander (sig), Judge of County Court

Attest: Lewis J. Howard (sig), Clerk of Courts



**********



LETTERS OF ADMINISTRATION WITH WILL ANNEXED



State of South Dakota, County of Spink, ss: In County Court



In the Matter of the Estate of Michael Joyce, Deceased: Letters of Administration with Will Annexed.



Joseph Joyce is hereby appointed administrator of the estate of Michael Joyce, deceased.



Witness, the Hon. P. L. Alexander, Judge of the County Court of the County of Spink, with the seal

thereof affixed, the 25th day of September 1935.



P. L. Alexander (sig), Judge of the County Court

Attest: Lewis J. Howard, Clerk of the County Court



State of South Dakota, County of Spink,ss:



I, Joseph Joyce, do solemnly swear that I will support the Constitution of the United States and the

Constitution of the State of South Dakota, and that I will faithfully perform, according to law, the duties of

administrator of the estate of Michael Joyce, deceased.



Joseph P. Joyce (sig)

Subscribed and sworn to before me, the 25th day of September 1935.



Harlan Bushfield (sig), Notary Public



1935_09_26.tif shows proof of publication