Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1902-06-26
Notice to Take Dispositions
in Perpetuam.

in Perpetuam.
Exparte Gustavus Francis Menard; in the
matter of the estate of Francis Augustus
Menard. late of the County of Iron and
State of Missouri, deceased:
To all and every person who may be inter-
ested in the estate of Francis Augustus
Menard, late of the County of Iron, State
of Missouri, or their agents or attorneys:
You are hereby notified that dispositions
of witnesses in Perbetnam in the above en-
titled matter, on the part of Gustavus Fran
els Menard, will be taken at the Office of
Tohn B. Hampton in the courtroom of the
Probate Court, in the courthouse, in the city
of Ironton, in the County of Iron and State
of Missouri, on the 10Th day of August 1902,
between the hours of eight O'Clock in the
forenoon and FIVE o'clock in the afternoon
of that day; and also, on the same day and
between the same hours, depostions of
witnesses willsbe taken at the office OF
Thomas McClelland in the Midland block,
in the city of Colorado Springs, in the
County of Ell Paso, in the State of Colorado,
United States of America, for the purpose
of establishing and perpetuating the facts
and allegations contained and set forth in
the following petition, to-wit;
To the Honorabls Charles C. Bland, Pre-
siding Judge of the St. Louis Court of
Appeals, St. Louis, Missouri:
Your petitioner, Gustavus Francis Menard,
respectfully represents, and would show,
that he is the lawful son and sole heir at
law of Francis Augustus Menard, late of
the County of Iron and State of Missouri,
who departed this life at the city of Ironton,
in the County Of Iron and State of Missouri,
on Monday the 10th day of May, 1902, in
testate, but leaving an estate OF inheritance
which, under the law of DEsCENTs and DIS
TRIBuTIoN of the State of Missouri, passed
to and vested in your petitioner, in its
entirety, as the sole bodily heir OF said
Francis Augustus Menard.
Your petitioner threfore prays your Honor
to grant commission to take dispositions to
perpetuate testimony of witnesses to estab-
lish the facts, to-wit:
1st. That the said Francis Augustus
Menard is now dead.
I'd. That said Francis Augustus Menard
departed this life ntestate.
3d. That your petitioner, Gustavus
Francis Menard, is the lawful son of the
said Francis Augustus Menard, deceased,
and was recognized by the said Francis
AUGUSTUS Menard as his son during his life
time.
Ath. That the wife of said Francis
AUGUSTUS Menard, mother of your petitioner,
is now dead, and that no other children
horn of the marriage of said Francis Angus
rus Menard nor the descendants of such
children, now live, save and except your
netitioner alone: and that said Francis
AUGUSTUS Menard died single and unmarried.
That your Honor cause to be issued com
mission out Of the Clerks Office of the st.
Louis Court of Appeals, directed to any
Notary Public in Colorado Springs, Colo
rado, and one such commission to any
Notary or Clerk of court OF record IN
Iron county, Mo-, commanding HIM TO take
tbe deposition of William G. Fairchild and
Arthur Huff, in said County OF Iron, and
that of Gustavus Francis Menard in Colo
RADIO Springs, State of Colorado, U. D. A.,
to establish the facts to-wit:
1st That said Francis Augustus Menard
is now dead.
ed. That your petitioner, Gustavus Fran
els Menard, is the son of the said Francis
Augustus Menard, deceased, and that the
said Menard recognized said Gustavus Fran
els Menard, your petitioner, as his son dur
ing the lifetime of said Francis Augustus
Menard.
I'd, That the wife of said Francis Angus
tus Menard is dead, and that he died sole
and unmarried; and that so far as the said
named witness know, there are no other
children born of the marriage of said Fran
els Augustus Menard, nor the descendants
of such children, now living, save and ex-
cept your petitioner alone.
Your petitioner further prays your Honor
to order and direct that the said commits
sioner, so to be appointed, be commanded
TO attach to the dispositions, so by them
taken, their certificate stating the time and
place, when and where the same were taken,
that the witnesses were duly sworn as to the
truth of their dispositions, and that they sub
scribed the same. And when so taken and
subscribed and certified, the said commits
sioners be directed to enclose the same with
the testimony, together with the commission
and the evidence of the notice, and the
whole, being carefully sealed up, shall then
be Immediately sent by mail OF express to
the recorder of deeds of Iron county, Iron
ton, Missouri. And your petitioner Will
ever pray, &c.
GUsTAvUs FRANCIS MENARD.
STATE OF MISSOURI, &C
COUNTY OF IRON.
Gustavus Francis Menard, first being duly
sworn, on his oath states that he is the
petitioner in the above entitled matter. That
Francis Augustus Menard, late OF the
County of Iron and State Of Missouri, is
now dead; that he died in the City OF Iron
ton, in the County of Iron and State OF
Missouri, on Monday the Goth day OF May,
1909, possessed of real and personal estate,
but without will or testamentary disposition
of his property or effects.
That said Francis Augustus Menard al
the time of his death was sole and un-
married, and that this afiant, Gustavus
Francis Menard, was his lawful son and sole
surviving heir at law at the time OF his death.
and as such is entitled to have, receive ant
hold, all and singular, the property, real
personal and mixed, and wherever situate
belonging to said Francis Augustus Menarc
at the time Of his death.
Subscribed and sworn to before me thu
28th day Of May, 1902.
TsEAL1 7. B. HAMPTON,
Judge & Ex-Oficio Clerk Probate
Court Of Iron County, Missouri
And that the taking of said dispositions, |
not completed on the day above herein
stated, will be continued at the same plac'
and between the same hours until completed
GUSTAVUS FRANCIS MENARD,
Colorado Springs, Colorado
Ironton, Mo-, May 28, 1902.