in thl( }!ij•.ttj.i:h of 'i'he estate 0]' 272 a. page...

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· I STA1~ OF ILLINOIS .J~ CCUNTY OF COOK ~ ~ ~ UT T}{l!; PROBATE COURT OF COOK COU1ITY IN THL( }!IJ•. TTJ.i:H OF 'I'HE ESTATE 0]' 'TilILI.IJJf:' A. WHITLOCK, Deceased File No. 135146 Docket 272 Page 80 Judge of said court: Your peti tionere. U1HON TRUST C01.O?i1JTY and BETTI1IA T. VffiITLOCK. represent unto thia Honoreble court that on the 3rd day of May, A. D. 1928 William A. Whitlock died testate, a resident of the City of Chicago, County of Cook, state of Illinois; that your petitioners were named as executors in the Last ".7ill~nd 'festament of said Vlilliam A. Ylhitlock, and on towit, the 22nd day of June, A. D. 1928 were duly appointed and quelified as such executors and have ever since been acting as such. Your petitioners further represent that on towit, the 24th day of August, J~. D. 1928 they filed herein an invent- ory vnd bill of appraisement in aaid eatate and had an order entered approving the same; that there appears in said inventory as item No. 72 a certain interest of the decedent in the business

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Page 1: IN THL( }!IJ•.TTJ.i:H OF 'I'HE ESTATE 0]' 272 A. Page 80whitlockfamilyassociation.com.s3.amazonaws.com/sources/references/R... · JeSY be consununated and completed, and that said

·I

STA1~ OF ILLINOIS

.J~ CCUNTY OF COOK~~

~ UT T}{l!; PROBATE COURT OF COOK COU1ITY

IN THL( }!IJ•.TTJ.i:H OF 'I'HE ESTATE

0]'

'TilILI.IJJf:' A. WHITLOCK,Deceased

File No. 135146Docket 272Page 80

Judge of said court:

Your peti tionere. U1HON TRUST C01.O?i1JTY and BETTI1IA

T. VffiITLOCK. represent unto thia Honoreble court that on the

3rd day of May, A. D. 1928 William A. Whitlock died testate,

a resident of the City of Chicago, County of Cook, state of

Illinois; that your petitioners were named as executors in

the La st ".7ill~nd 'festament of said Vlilliam A. Ylhitlock, and

on towit, the 22nd day of June, A. D. 1928 were duly appointed

and quelified as such executors and have ever since been acting

as such.

Your petitioners further represent that on towit,

the 24th day of August, J~. D. 1928 they filed herein an invent-

ory vnd bill of appraisement in aaid eatate and had an order

entered approving the same; that there appears in said inventory

as item No. 72 a certain interest of the decedent in the business

Page 2: IN THL( }!IJ•.TTJ.i:H OF 'I'HE ESTATE 0]' 272 A. Page 80whitlockfamilyassociation.com.s3.amazonaws.com/sources/references/R... · JeSY be consununated and completed, and that said

of -:[.A. 1.111.1t~ock &: Compf.lny.subject to a certain contract in

writing between decedent and one CHRISTOPHID~ G. SIMPSON. d~ted

April 2nd, 1928.

Your petitioners further represent that the decedent

in his lifetime was engaged in the business of circulation pro­

motion for periodicals. newspapers. magazines. etc., and had

associated with him for some years the said Christopher G. Simpson,

who, your petitioners are informed. was the moving and guiding

spirit in the operation of said business during the recent years

preceding the death of the decedent. That at the time of the

deeth of decedent the assets of said business consisted princi-

}}I;:ll~i in (1) cert[:ill office fu:cniture, fixtures. bric-a-brE'c,

pictures, eto. of the appraised value of Four thousand five

hundred forty-seven and 50/100 dollars ($4,547.50); (2) monies

in bank and monies due decedent from the busin~ss at the time of

death amounting to Eighteen thousand four hundred ninety-eight

and 71/100 dollars ($18.498.71): and (3) good will of said

buoinesB, including the name of W. A. ~vhitlock & Company.

Your petitioners further represent that by the terms

of Baid contract between decedent Bnd said Christopher G. Simpson,

the decedent provided for the sale of said business on his death

to the said Christopher G. Simpson for the sum of Fifty thousand

doliers ($50,000) to be paid by said Christopher G. Silnpson in

c~sh or at the option of the said Christopher G. Simpson in de­

ferred payments of not less than one hundred dollars ($100) per

week to be peid consecutively. said payments to be made to the

widow of decedent if living, or to the decedent's heirs at law

if she be not living, but by the terms of said contract there

W8S not to be included in the sale of said business the said

Page 3: IN THL( }!IJ•.TTJ.i:H OF 'I'HE ESTATE 0]' 272 A. Page 80whitlockfamilyassociation.com.s3.amazonaws.com/sources/references/R... · JeSY be consununated and completed, and that said

o£fice furniture, fixtures, bric-s-br~c, pictures, etc. and the

monics iubt'nk l:lI<.l monics due decedent from the business (1t the./.time ot his death. ~~,

Your petitioners fUrther represent ~at 881d ~1111••

A. ~hitlock left him surviving 8S his only heirs at law, hie

widow Bettina T. \1hitlock, and Elizabeth C. Vhitlock his only

child, and left him surviving also Mary A. \1hitlock his mother,

Harry O. ;Vhitlock his brother, and Norma. Whitlock, Betty Jane

;nlitlock end ~\lbert N. Villitlock,his neices and nephew, the

children of the said IIarry O. Vfuitlock, all of whom are legatees

under the lest will and teataInent of said William A. Whitlock;

that said heirs at law and legatees are the only persons interested

in sn ill et:ttl tel: s beinr, en ti tIed to t1 distributive slwre thereof.

Your petitioners further represent that they gaTe

notice to the said Christopher G. Simpson that they, as executors

of the estate of ~illie.m ~. Vfuitlock, deceased, and not the widow

or heirs at law of the decedent, were entitled to the said office

furniture, fixtures, brie-a-brae, pictures, etc., and gave ther

notice required by the terms of said contract to the said

Christopher G. Simpson of their intention to remove jthe same; thatthe said Christopher G. Simpson informed your petitioners that he

had exercised his right to purchase the said businesls of W. A.I

Vfuitlock & Company and had made arrangements with t~e said BettinaI

T. Yhitlock, the widow of decedent, for the purchase thereof and

offered to ~urchBse 011 of said office furniture, fixtures, bric­

a-brae, pictures, etc. at the appraised value thereof, towit. Four

thousand five hundred forty-seven and 50/100 dollars (i4.54?50)

and to p;y the same to your peti tioners, and also to pay over to

your petitioners as executors of the estate of William A. Vhitlock,

deceased, the sum of Eighteen thousand four hundred ninety-eight

..3-

Page 4: IN THL( }!IJ•.TTJ.i:H OF 'I'HE ESTATE 0]' 272 A. Page 80whitlockfamilyassociation.com.s3.amazonaws.com/sources/references/R... · JeSY be consununated and completed, and that said

end 7~/~OO do~lars (~~~8.498.7~), representing monies in bank end

i:,onics uue the decedent E1t the time of'his death, provided your

lIetitioners, ss executors of'the estate of'"'/illiclfiii... \rbit~ock.

deceased. would carry out and perf'orm the said contract ot

decedent 'as in such cases by statute me.de and provided, by execut­

ing and delivering to him n bill of sale conveying all their right.

titIe and interest in and to said business. and such other

affidavits and/or papers Be m3Y be necessary to complete and

perfect title in him, the said Christopher G. Simpson, in and to

said business, end give a good and proper receipt for the same

and release to him of any and all cIa ims or demands that your

petitioners roF.yhave as executors of said estate in said business.

Your jwtitionera further represent that they believe

it for Ule best interests of said estate that said contract be

carried out and performed and accordingly heretofore obtained an

order from this court for leave to sell all of said office fur-

niture, fixtures, bric-a-brac, pictures, etc. to the said

Christopher G. Simpson for the sum of Four thousand five hundred

forty-seven Bud 50/100 dollars (;~4,547.50), being the appraised

value thereof, nnd have requested authori ty from the heirs at law

[\l1U legatees of said estate to c~rry out and perform said contract

of decedent.

Your petitioners further represent that all of the

heirs at law of the decedent and legatees under his Last Will and

're stamant have informed your petitioners that they consent to and

r:re willing to have your petitioners carry out and perform the

c.:outractof said decedent in order that the sale of said business

JeSY be consununated and completed, and that said Fifty thousand

dollars (~50.000)may be paid by said Christopher G. Simpson to

sa1~ Bettina T. V~itlock, 3S widow of decedent, in accordance

-4-

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Page 5: IN THL( }!IJ•.TTJ.i:H OF 'I'HE ESTATE 0]' 272 A. Page 80whitlockfamilyassociation.com.s3.amazonaws.com/sources/references/R... · JeSY be consununated and completed, and that said

w1th the terms of said contract, and have requested your petitioners

to file their petition herein for an order of court to carry out

and perform 5~id contract of aecedent as in such cases by statute

made end provided, Bnd have authorized your petitioners to execute

and deli ver the said. bill of sale to said Christopher G. Sinlpson,

[;(I() fwve furthr.;rbuthorized your petitioners to receive end

accept from said Christopher G. Simpeon the sum of Eighteen

thousand four hundred ninety-eight and 71/100 dollars (~18.498.7l)

and give their receipt for same in full discharge and release of

all claims vnd demands of said estate Dnd of your petitioners 8S

executors thereof, in and to said business of W. A. Vbitlock &Company, and in full discharge and release of all claims and

demands of said estate nnd of your petitioners as executors

mfreRF.FORE your petitioners pray that BETTINA T.

';mITLOCK in her iudividual capaci ty, Elizabeth C. Whitlock, lIary

.i.. l'.1!itlock,Harry O. Whitlock, norma Whitlock, Albert N. '\'Whitlock

lIud Betty Jane 'J1h1 tloc k, who COllst!tute a11 their heirs e t law

of decedent and legatees under the Last Will and Testament of

"i'/illiamA. 71111tlock, deceased, end who are made respondents

herein, mDY be required to answer this petition within a short

dey to be fixed by the court. and that a GURrd1an ad Litem may

be appointed for the said lTorma '\'lhitlock,Albert U. Whitlock find

Betty Jane ~Ih!tlock, who ere minors, and tho t saId Guo cdll,n of!

Iitem may be r equ ired to fil e his answer on beha If of 0010. minora

within a short dDY to be fixed by the court, and that an order

may be entered herein authorizing the executors under the L~st

~ill and Testament of ~illiam A. ~bitlock. deceased, to execute

and\deliver to Christopher G. Simpson a bill of sale conveying

all their right. title and interest in and to the business of

w. A. ~litlock & Company, and also to execute and deliver any

Page 6: IN THL( }!IJ•.TTJ.i:H OF 'I'HE ESTATE 0]' 272 A. Page 80whitlockfamilyassociation.com.s3.amazonaws.com/sources/references/R... · JeSY be consununated and completed, and that said

and all affidavits and/or other documents that may be necessary

or required by the purchaser, and in all other respects to carry

out and perform the contract of decedent 8S in such cases by

statute made and provided, and pray further that this court mey

authorize your petitioners, as executors of the esta.te of William

A. Vbitlock, deceased, to receive and accept from said Christopher

G. Simpson the sum of Eighteen thousand four hundred ninety-eight

~nd 71/100 dollars ($18,498.71), representing the monies in bank

and monies due decedent at the time of his death, and give to said

Christopher G. Simpson the full and complete release and discharge

of ~11 cle ims and demands of the eats te of William A. Vihitlock,

deceesed nnd of your petitioners ss executors thereof, in and to

suiel 'oUSiUC65 of ',j". A. -::hitlock& Company, and that such other and

further orders may be entered in the premises as the court shall

deem proper.

And your petitioners will ever pray.

UNION TRU 3T COMJ?ANY,

By i*f),-~,-~........~ . Trust Of:fll.cer

'---r~-::(~rf!~~~cu ors und r the Las \V 1end Testament of Willlem A.Whitlock, deceased.

3T .ATE 0:;" ILLINOIS

COU1!TY OF COOK

H. J. DAflliY being firat duly sworn, on oath deposes and

e8~'a thst he is the trust officer of Union Trust Company, one of

the executors under the Last Will and Testament of William A.

V.'h1 tlock, d.eceaaed; tho t he he s read the above and foregoing

-6-

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COOK COUNTY.

In theof

PROBATE C,,". ,

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Page 8: IN THL( }!IJ•.TTJ.i:H OF 'I'HE ESTATE 0]' 272 A. Page 80whitlockfamilyassociation.com.s3.amazonaws.com/sources/references/R... · JeSY be consununated and completed, and that said

STATE OF ILLINOIS )) SS

OOUIH~Y OF COOK )

IN '.cH:W J:ltOB~EIJOUR~ O~I COOK OOUN~Y

-vs-

OLAI.K OF ELlZABE~1Ji o. w.tiI~LOOX

Now oomes said olaimant, mlizabeth IJ. Whitlook, and

and oontrol of said Elizabeth C. Whitlock. then an infant of the'

shows that on or about the 11th day of J!'ebruar,y,1903, she was

age of about one year and two or three months. was awarded to this

.'~-",<t..

- ,"-.

joined in lawful wedlook with the deoeased. William .A..Whit1ook, <~:., -:,-!~~~

that thereafter and on or about the 24th day of Deoember, 1907, .(:~:::~., .. ,r·'t

there was born as issue of said marriage c!)neElizabeth O • ./~-·/~i.:i------ . : .-,~

Whi tlook. who is still living; that on or about the 12th daJ' . ':~::~. i.,'.of 1I4aroh~1909, this olaimant filed a bill for divoroe aga1nst...:.,.1io..',:!

said william A. Whitlook and that thereatter on or about the 116th day of Maroh. 1909, a deoree of di~oroe was entered in sai41

oause. whioh among other things provided that the oare, oustody j

~

))))

THE ESTA~E OF WIL~IAM ~. VmI~LOuX )

reaohed in the month of Deoember, 1925.

Olaimants olaim therefore. is to be reimbursed

claimant, but that said deoreedid not in any way provide for the

~~1ntenanoe and support of said minor child; that subsequent to

the entry of said decree on the 16th day of ~aroh, 1909, this

olaimant provided from her own resouroes and means and without

any help or-assistanoe whats.oever from saldlJ111iam.;,;,~',+;:;)Y.~~*~~1~4_~

for the entire oare. eduoation. nurture, maintenanoe. StIpport}~~J~~~;~·,{:if:~"~/"';'.f..¢.tt: n~~..~-'_':' ,~ t~S";-~\~i~:~.},

olothing of said ohild up to the time of her majority. whioh~ja.; ---:. '. '~,:'~~,.

,,"'~..t:. '

..:~~;­moneys thus expended by her, for which she was seoondarily 11ab~

.:,~;0jfi~

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and for whioh the said William .A.. Whitlook was primarily liabl

and said olaim against said. estate now amounts to the sum of

Twenty-five Thousand Dollars ($25.000.00).

}.' ·•..•.·.A •.