PROBATE INFORMATION FOR THOMAS FRANCIS PHELAN 1864-1938 AFFIDAVIT OF DEATH STATE OF ILLINOIS Kane County Lillian B. Thurnau, being duly sworn, deposeth and saith That Thomas F. Phelan, late of the City of Elgin, in the County of Kane and State aforesaid, departed this life at Elgin, Illinois, in said County, on or about the 9th day of April, A.D., 1938 and that he died leaving a last Will and Testament to the best of my knowledge and belief. Lillian B. Thurnau (signature) Subscribed and sworn to before me this 17th day of May A.D., 1938 Marguerite Home (signature) Notary Public PROOF OF HEIRSHIP STATE OF ILLINOIS KANE COUNTY IN PROBATE COURT OF KANE COUNTY. IN THE MATTER OF THE ESTATE OF: Thomas F. Phelan, Deceased Lillian B. Thurnau, being first duly sworn in open court on oath deposes as follows: My name is Lillian B. Thurnau, my age is legal years, I reside in Elgin, Illinois and am a daughter of said decedent. Said Thomas F. Phelan was married once only and then to Florence Phelan, who died many years prior to his death. Of said only marriage the following children only were born: Lillian B. Thurnau and Margaret H. Holze. I therefore say that said Thomas F. Phelan died leaving no widow him surviving and leaving Lillian B. Thurnau and Margaret H. Holze as his only heirs at law. Lillian B. Thurnau (signature) PROOF OF WILL STATE OF ILLINOIS KANE COUNTY IN THE PROBATE COURT OF KANE COUNTY Personally appeared in open Court Mildred Andrews and J.V. McCarthy, subscribing witnesses to the annexed instrument of writing purporting to be the Last Will and Testament of Thomas F. Phelan late of said County, deceased, who being duly sworn according to law do depose and say each for herself and himself, that he and she were present and saw the said Thomas F. Phelan sign and seal said instrument of writing, as for his least Will and Testament, and that they at his request, and in his presence, and in the presence of each other, subscribed their names as attesting witnesses thereto, and that they believe that the said testator was of sound mind and memory, of lawful age and under no constraint when he signed the said Will. Subscribed and sworn by said witness in open Court, this 17th day of May, A.D. 1938. Mildred Andrews (signature) J.V. McCarthy (signature) PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY PETITION OF Lillian B. Thurnau in the matter of the Last Will and Testament of Thomas F. Phelan, deceased, for Probate of Will and Letters Testamentary. To the Hon. Harry C. Daniel's, judge of the Probate Court of Kane County, in the State of Illinois: The petition of the undersigned, Lillian B. Thurnau, respectfully represents that Thomas F. Phelan who was at that time of his death a resident of the County of Kane, State of Illinois, departed this life at Elgin in Kane County, State of Illinois, on or about the 9th day of April, A.D. 1938, leaving a last Will and Testament, duly signed, published and attested, as believed by your petitioner, and which by her is herewith presented to your Honor for probate. That said Will is subscribed by Mildred Andrews and J.V. McCarthy. That said Testator is his said last Will nominated and appointed Lillian B. Thurnau, your petitioner Executrix thereof and that your petitioner is willing and ready to accept and undertake the office and trust confided to her. And this petition further shows that the said Thomas F. Phelan died seized and possessed of real estate, valued at about Four Thousand ($4,000.00) Dollars, and personal Property estimated to be worth about Seven Hundred and Fifty ($750.00) Dollars. That said deceased left surviving him no widow and the following named person, as his only heirs at law and legatees, and their respective places of residence, so far as is known, are as follows: Lillian B. Thurnau, 1108 Bellevue Ave., Elgin, Illinois Margaret H. Holze, Hampshire, Illinois 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 county at the May Term thereon, 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 for record. And your petitioner further prays that it may please your Honor to grant her letters Testamentary of said last Will and testament, upon her taking the oath prescribed by the Statute and entering into bond in such sum and with such securities as may be approved by your honor. Dated May 17, 1938 Lillian b. Thurnau (signature) INVENTORY OF REAL AND PERSONAL PROPERTY STATE OF ILLINOIS KANE COUNTY In the Matter of the Estate of Thomas F. Phelan, deceased, The following is a full and perfect Inventory of all the Real and personal Estate of the said deceased, so far as the same has come to the possession or knowledge of the undersigned, Lillian B. Thurnau, Executrix of the Estate of Thomas F. Phelan, Deceased. Real Estate The North Fifty-four (54) feet of Lot Number Six (6) of Block Number Nine (9) of Riverside Park Addition to the City of Elgin, Kane County, Illinois, situated in the City of Elgin, Kane County, Illinois. Title fee simple, believed to be perfect. $4,000.00 CHATTEL PROPERTY Receiver's claim Home Trust & Savings Bank, Elgin, Illinois on which there is a balance due of $612.50 FINAL REPORT IN THE MATTER OF THE ESTATE OF THOMAS F. PHELAN, deceased Now comes Lillian B. Thurnau, Executrix of the Estate of Thomas F. Phelan, deceased, and respectfully represents unto the Court that she duly qualified as such Executrix and filed her bond herein as required by law; that she has duly collected all of the assists of said estate and paid all claims outstanding, and there is nothing further to be done therein. The undersigned would further represent that she has paid the expense of the last illness and funeral of said decedent, the specific bequest to Margaret H. Holze of Five Hundred Dollars ($500.00) and all claims against said estate, including the costs of administration. The undersigned would further represent that she has paid all cash on hand to Lillian B. Thurnau and has on hand the following: Claim against Received of Home Trust and Savings Bank of Elgin, Illinois, for Six Hundred Twelve and 50/l00 Dollars ($612.50): Which she has assigned and distributed in kind to Lillian b. Thurnau, residuary legatee of said decedent. The undersigned would further report that she has duly performed her duties as such Executrix, having collected all of the assets and paid all of the outstanding claims, and that nothing further remains to be done by her as such Executrix. WHEREFORE the undersigned respectfully asks that the above and foregoing report be approved that she has paid all claims and distributed all of said estate in her hands to Lillian B. Thurnau, residuary legatee. IT IS THEREFORE ORDERED by the Court that due notice has been given to the heirs and all parties concerned of the filing of this report, and therefore the distribution of the funds of this estate be and the same is, hereby approved and that said estate be declared closed and settled and that the undersigned be discharged as such Executrix and her bond released. Lillian B. Thurnau (signature) Executrix of the Estate of Thomas F. Phelan, Deceased. STATE OF ILLINOIS COUNTY OF KANE LILIAN B. THURNAU, being duly sworn on oath deposes and says that the foregoing report by her subscribed is true. Lillian B. Thurnau (signature) Subscribed and sworn to before me this 5th day of November A.D. 1940. Marguerite Home, Notary Public J.V. McCarthy Attorney at Law The Elgin Tower Elgin, Illinois Transcribed by Dawn Anderson who can be contacted at hasbenn@aol.com and welcomes queries about this family. Use your "BACK" button on your browser to return to Kane County ILGenWeb pages.