Petition for Distribution of Monies
State of Indiana, In the Shelby Circuit Court,
Shelby County, SS: March Term, 1928
In the Matter of the Petition of )
Caroline Ann Overholt, Charles )
W. L. Overholt and Rudolph F. )
Warmeling, for an order of )
Court requiring the Clerk to )
pay Money. )
The undersigned petitioners represent and show to the Court that William Bass as receiver of the Citizens Natural Gas Water and Oil and Water Company, has heretofore paid into the hands of the Clerk of this Court the sum of $115.14 as the distributive share of one Charles Bernhamer deceased, in the proceeds derived from the sale of the assets of said company and that said sum is now in the hands of the Clerk of this Court.
Petitioners further show to the Court that said Charles Bernhamer departed this life testate prior to the year 1903 and his estate has been fully settled; that the final report in said estate was approved by this Court on the 17th day of April 1903; that by the terms and provisions of the last will and testament of said decedent, he devised and bequeathed all his property both real personal, share and share alike, to the following named persons, to-wit: Louisa S. Bernhamer, George Edward Bernhamer, Lisette Warmeling, George Charles Bernhamer, Edward R. Bernhamer and Caroline Ann Overholt.
Petitioners further show that the said Louisa S. Bernhamer departed this life in September 1910 leaving no issue but leaving a number of heirs who are unknown to these petitioners and by reason thereof the petitioners make no claim to the one sixth part of said $115.14, which descended to the heirs of said Louisa S. Bernhamer.
That the said Edward R. Bernhamer, his wife joining him, by a proper deed of conveyance on the 26th day of September 1906, Recorded in Deed Record 119 page 260 conveyed all of his right title and interest both real panned personal, in the estate of said Charles Bernhamer, deceased, to the petitioner Caroline Ann Overholt and she is now the owner of such interest in such personal estate.
That the said George Edward Bernhamer on the 29th day of September 1906, by proper deed of conveyance, recorded in Deed Record 119 page 261 in the Recorderís Office of Shelby County, Indiana, Conveyed all of his interest both real and personal in the estate of said Charles Bernhamer, deceased, to tone Robert H. Lowry and that said Robert H. Lowry, his wife joining him, on the thirteenth day of November 1906, conveyed said interest to the petitioner Caroline Ann Overholt, which is recorded in Deed Record 119 page 415 in the Recorderís Office of Shelbyville, Shelby County, Indiana, and that the said Caroline Ann Overholt is now the owner of said interest in such personal property.
That by reason of such conveyances and by inheritance under said will the petitioner Caroline Ann Overholt, is now the owner of the one half of said sum of $115.14, now in the hands of the Clerk of this Court.
Petitioners further show that by the terms and provisions of the will of said Charles Bernhamer, deceased, he devised and bequeathed to staid George Charles Bernhamer for and during the term of his natural life the one sixth part in value of
his estate, both real and personal and at his death the same to go to the petitioner, Charles W. L. Overholt and on Mary Warmeling, and to the survivor of them; that the said George Charles Bernhamer departed this life in February 1911 and the said Mary Warmeling departed this life in the year 1902 and by reason thereof the interest of the said George Charles Bernhamer in the Estate of said Charles Bernhamer deceased, vested in and became the property of the petitioner Charles W. L. Overholt and he is now the owner of such interest in said personal property, all of which facts has been heretofore found by this Court in the case of John L. P. Steeg et al -vs.- Caroline Ann Overholt et al and recorded in Order Book 3 U page 375 of the records of this court.
That the said Lisette Warmeling departed this life in July 1923 leaving her surviving as her only heirs at law her husband, the petitioner Rudolph F. Warmeling, who is now the owner of her interest in the personal estate of said Charles Bernhamer,
That by reason of the facts aforesaid, these petitioners are now the owners and entitled to the possession of the following portions and shares of said $115.14 no in the hands of the Clerk of this Court, to-wit:
Caroline Ann Overholt, on half thereof, the sum of $57.57
Charles W. L. Overholt, one sixth thereof, the sum of $19.19
Rudolph F. Warmeling, one sixth thereof, the sum of $19.19
Wherefore petitioners pray the Court to direct the Clerk of this Court to pay to them or their Attorneys, Wray & Sullivan, said sum of $95.95, and they pray for such other orders as may be proper in the premises.
Signed: Caroline Ann Overholt
Charles W. L. Overholt
Rudolph F. Warmeling
State of Oklahoma
Seminole County, SS:
The undersigned Caroline Ann Overholt being duly sworn upon her oath says, that she makes this affidavit on behalf of herself and said other petitioners herein and that the matters and fact set forth in the foregoing petition are true in substance and in fact.
Signed: Caroline Ann Overholt
Subscribed and sworn to before me this 20th day of March 1928
My commission expires 2/14/1932
Signed: Gus Hamilton
Transcribed by Melinda Moore Weaver