The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-01-25
Notice of Sale.

in said city. j. G. BRooKER,
3-2t City Clerk.
Notice of Sale.
In he superior Court of the State of Washing.
ton. in and for the County of Yakima.
In Probate.
In the matter of .he Estate OF Minnie Cariveau,
Deceased.
Notice is hereby given, that whereas. on the
10th day OF January, A. ID 1905 an order was
duly made and entered in the above entitled
cause in the above entitled court, as follows,
towit;
"Now, to.wit: On this 10th day of January.
A, d, 1905. this cause coming on to be heard be
fore the Court, in open Court, upon the
PETITION
of Richard Csriveau, the duly appointed and
qualified administrator of the above entitled
estate. for order to sell certain real estate be-
longing to said estate and hereinafter described.
And it appearing to the Court that on the
18th day of December, A. y. 1904 an order was
duly made and entered in this cause directing
all persons interested in said estate to appear in
this Court on this 10th day of January, A. d.
1905, at 10 O'Clock a. m, in the Court Room in
the Court House, in the City of North Yakima
said County and State, then and there to show
cause why an order should not be granted to
said administrator to sell said real estate to pro
vide funds to pay the claims filed against said
estate, the debts. expenses, state and county
taxes, and charges OF administration;
And 1t further appearing to the Court that,
published for four successive weeks In the Yak
Ina Herald, weekly newspaper printed and
published in the City of North Yakima. said
County and State, and of general circulation
therein the first OF which publications being
on the l4th day of December, 1904. and the last
on the nth day of January, 1905;
And 1t further appearing to the Court that
on the 8rd day of January. A. d. 1905, an order
was duly made and entered in this cause ap
pointing Charles Il. Forsythe, an attorney of
this Court and DISTINGUISHED person, as guard
ian ad litem for the minor heirs interested in
said estate. to.wit. Joseph Cariveau, Elmo
Cariveau and George cariveau, and to appear
and represent said minor heirs in this cause,
and to protect their interests therein
And it further appearing to the Court that
said guardian ad litcm did on the 18th day OF
January, 1905, file with the Clerk of this Court
his answer as such guardian ad litcm, alleging
that said minors, and all of them are strangers
to all and singular the matters and things al
legged in the said petition to sell said real estate,
and are infants under the age of twenty -one
years, and claim such interest i'll the premises
in said petition described rs they are entitled
to, and submits their rights and interests to the
protection of this Court:
Aud the said administrator, Richard Cariveau,
appearing in Court in person and by his attor-
ney, Lee G.. Dele, and no one appearing herein
to show cause why an order of sale should not
be made to sell the said real estate as prayed
for, nor any one appearing herein and filing
any objection to said sale; and fun hearing
having been had upon said petition, and proof
under oath In open Court having been offered
and taken, and after hearing the evidence and
OF said petition. and the evidence being closed
and the said matter having been duly, regularly
and finally submit ted to the Court for consid-
Grafton and decision, and all and singular the
law and the premises being now by the Court
here fully understood and considered and 1t
being fully advised in the premises. and IL mp.
pearing to the satisfaction OF the Court:
l.
"Tbat all and singular the allegations contain
ed IN said petition are true, ana that there is not
sufficient nor any, personal estate In the hands
of said administrator to pay the claims Il ed
against said estate. the debts, expenses, State
and County taxes, and charges OF admins
tration;
THAT it is necessary for the causes specified
and alleged in said petition and set forth here
in that the whole OF the real estate hereinafter
described, and described in said petition, be
sold. and that it will be beneficial to the said
estate that said real estate be sold and said ad-
ministrator having asked in his said petition
that said real estate be sold at private sale, and
having stated in his petition that he believed
and Judged that it would be most beneficial to
that said real estate, and the whole of 1t, be
sold at private sale.
That it is necessary and beneficial to said
estate to sell said real estate at private sale;
"That il will be for the best interests OF the
estate that the time of the notice of said sale
should be shortened and that said sale may be
made on aud after day less than fifteen days,
but not less than eight days, from the first pub
LEGATION of said notice of sale; now, therefore,
at liz hereby ordered and adjudged that the
said real estate hereinafter described be sold
at private sale for cash Or part cash
ferred payments to run not longer than
one year, to he payable in lawful money Of the
United States, and draw interest at the rate OF
ten per cent per aunum, and to be secured by a
first mortgage upon said premises; that said
real estate be sold in one parcel, or in subdi-
visions, las the said administrator shall adjudge
most beneficial to said estate:
That the real estate hereby ordered to be sold
Is described as follows, to'wit:
"The West Half of the Southwest Quarter of
the Northeast Quarter Of the Southwest Quar-
ter in Section numbered Fourteen tl4D In Town
ship numbered Thirteen Q3) north, in Range
numbered Eighteen Qs), +. W. NJ, containing
five acres, more or less In said County of Yaki-
ina, State of Washington. together with all
water rights belonging to said premises; saving
and excepting, however, from said above de
scribed premises a certain righto of way for an
irrigation ditch over, through and upon said
premises sold to W. l.. Wright, Patrick Gildea.
Thomas Rains. James BrainaId, Andrew Yost-
ing, James h. Fullbright and Peter Walker, on
March Stb, 1902, by deed. filed for record on
March 10th, 1902 at 925 O'Clock T.. m, OF that day
IN the office of the County Auditor of said Yak
ina County, and recorded in Book II Of Deeds.
on page SOL thereof. records of said County said
rightof way being more fully described In said
deed, which IL herein referred to aud made u
part hereof ; also excepting from said above de-
scribed premises II certain other right of-way
for IA waste ditch over, through aud upon said
described premises. sold to Joseph Feser on
April 29th, 1902, aud conveyed to him by Ger
tain deed, dated OIL said April 9th 1902, aud
filed for record in said Auditors office on the
18th day of April, 1902, at O'Clock p m. of that
day, and recorded In Book II Of Deeds. on page
40 thereof. records Of said County: said right
of-way being more fully described I'm said deed
which is herein referred to and made a part
hereof.
"And 1t is further ordered that said admins
traitor give notice Of said sale OF said preInis yes
above described for one week next before the
day on which the sale Is TO be made In the
Yakima Herald, a weekly newspaper, printed
and published in the City of North Yakima
County of Yakima, State Of Washington, and OF
general circulation therein, and by posting said
notice in three Of the most public places In
said County for said length of time. Said sale
however, shall not be made on any day less
than eight days from the first publicAt ion OF
the notice Of sale: said notice OF sale shall be
made by the administrator a provided and re =
quired by law when sale of real estate Ii or
dered 10 be made at private sale, and in accord
ance with this order, shortening the time OF
said notice.
J. W. DAY,
tseal) Court Commissioner in and
for Yakima County, Wash"
Filed and entered Jan. 10th, 1909