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Note: Misc.
Payette county, Idaho
Book A
Page 2
LAST WILL AND TESTAMENT OF HENRY COLE
Payette, May 10, 1891,
I Henry Cole of Payette Ada County Idaho being of sound mind and memory and understanding do make my last will and testament in manner and form following First I give and bequeath to Martha Tharp the daughter of John Tharp the daughter of John Tharp of Payette a one third interest of all my property and to come into possession of same when she shall attain the age of Twenty one years. Second I give and bequeath to Eva Tharp daughter of John Tharp of Payette a one third interest of all my property and to come into possession of same when she shall attain the age of twenty one years. Third I give and bequeath to Wm Tharp the son of John Tharp of Payette, a one third interest of all my property and to come into possession of same when he shall have attained the age of twenty one years. All of my property shall be kept in trust by John P. Tharp the father of said children until each shall attain the age of (21) years and at said age said property becomes theirs by virtue of this will, and John P Tharp to be my administrator without bounds.
Henry Cole.
Witnesses
John Burns W Grant Whitney
State of Idaho
County of Canyon
I hereby certify that the foregoing instrument was filed for record at request of H E Wallace at 10:51 o'clock A M March 14, 1902.
Edgar Meek
Ex-Officio Recorder
By J P Johnson Deputy
R of W B 1 P 12 C C Rec
I had been unable to determine what had happened to John P. Tharp until I was transcribing a document for an estate distribution for Henry Cole, another Washoe pioneer. John Tharp was the executor, but died before the duties could be carried out. His death date was listed in the document. I believe he is most likely buried next to his wife as the Washoe cemetery even though there is absolutely no proof of that. However, he still was living in the Washoe district was in charge of the Washoe property once belonging to Henry Cole.
Probate Record
Payette County
Book A page 37-38
Henry Cole Deceased
By Probate
Decree of Distribution
In the Probate Court Canyon County Idaho
In the mater of the estate of Henry Cole Deceased-Decree of Distribution of Estate.
Martha A. Clark and Eva A. Emison two of the devisees of the last will and testament of Henry Cole deceased having on the 30th day of January 1902, filed in this Court their petition praying for the appointment of John S. Thurston of Payette Canyon County Idaho as trustee of the residue of the said estate for the devisees of said estate to wit:
Martha Clark Eva Emison and William Tharp and that this Court distributed to the said John S. Thurston by an amended and corrected decree the residue of said estate to be deeded by him to said devisees who are now entitled to possessions of their respective interests as provided by said will.
And it appearing that due and legal notice for the hearing of said petition has been given and that on the 12 day of May 1891 the said Henry Cole died leaving no known relatives surviving him but willed, bequeathed and devised all of his property both personal and real to Martha Tharp, Eva Tharp and William Tharp, minor children of John P. Tharp and in the said will named said John P Tharp executor of the said estate.
That in the 6� day of July 1891 the said John P Tharp was duly appointed by the Probate Court of Ada County, Idaho executor of the estate of the said Henry Cole deceased, having qualified and the estate being in condition to be closed, filed in said Probate Court a petition for decree of distribution and final settlement of said estate.
That in the 28 day of December 1892 at 10 o�clock A M the time set for the hearing of same petition and it appearing to the satisfaction of said Court that the residue of said estate was then in condition to be closed and that the residue of said estate was the property of said deceased; It was ordered adjudged and decreed that the residue of the said estate of the said Henry Cole deceased be distributed and that the said John P Tharp is entitled to the possession of the residue of said estate to hold the same in trust for the said Martha Tharp Eva Tharp and William Tharp the said devisees as provided by said will of said Henry Cole deceased.
*ready for distribution and that said estate was then
That said will provided that the residue of the estate of said Henry Cole deceased should beheld in trust for said minor children of said John P Tharp until they should reach the age of twenty one years That the decree of distribution in the matter of the estate of Henry Cole deceased orders that a deed be executed by the trustee of said estate of said Martha Tharp Eva Tharp and William Tharp devisees, to each of said devisees upon their attaining the age of twenty one years and undivided one third of the whole of the residue of said estate.
That on the twentieth day of September 1893 and before either or any of said minors had reached the age of twenty one years said John P Tharp departed this life without having provided for his successors in trust or completed his full duties as such trustee. That in said decree of distribution the residue of the real estate was described as the North half of the North West quarter and the south half of the North West quarter of section 17 in tp 8 N of R 4 W B M in Canyon county Idaho.
That the residue of the real estate in the matter of the estate of Henry Cole deceased was at the time of making said decree and is now the North half of the South West quarter and the south half of the North West quarter of section 17 in tp 8 N R 4 W B M in place of property as described in said decree.
That the petitioners Martha Clark and Eva Emison together with William Tharp their brother are children of John P Tharp deceased, and devisees of said estate of Henry Cole deceased.
Wherefore it is Ordered Adjudged and decreed that the residue of said estate of Henry Cole deceased hereinafter particularly described and now remaining undistributed and any other property not now known or discovered which my (may) belong to the said estate or in which the said estate may have interest be and the same is hereby distributed as follows, to wit:
The whole of the residue of said estate to be distributed according to the terms of the last will and testament of said deceased to John S Thurston to be deeded to Eva Emison Martha Clark and William Tharp the sole devisees of the said last will and testament all of the said devisees being now of the age of twenty one years that is to say to Martha Clark an undivided one third of the whole of the said estate and to Eva Emison an undivided one third of the whole of said estate and to William Tharp an undivided one third of the whole of said estate and the said trustee John S Thurston shall without delay execute to each of said devisees, a deed to an undivided one third of the whole of said estate, referred to in this decree and of which distribution is ordered adjudged and decreed as aforesaid, to wit: All of the N2 of the S W4 and the S2 of the N W 4 Sec 17 Tp 8 N R 4 W B M in Canyon County Idaho Containing 160 acres.
Done in open court in this 3d day of Feby 1902.
George Little Probate Judge
*and the following is a true description of said residue
State of Idaho)
County of Canyon)
I hereby certify that the foregoing instrument was filed for record at request of H E Wallace at 10.56 o�clock A M March 14, 1902.
Edgar Meek
Ex-Officio Recorder
2.20
By J J Jhnson Deputy
R P
B 1 P 195 C C Rec
Bonds, Agreements, Etc
Payette county, Idaho
Book A
Page 8
Bond for Deed.
John P. Tharp
To
A. Rossi and J. T. Clement.
Know all men by these presents, That I John P. Tharp of Canyon County Idaho, for all in consideration of the sum of One dollar, lawful money of the United States to me in hand paid by Alexander Rossi and J. T. Clement of County and State aforesaid, the receipt whereof is hereby acknowledged and for further considerations hereinafter mentioned have this day sold, bargained and by these presents convey and hereby bind myself my heirs or assigns to give a clear title and valid deed upon the payment to me of the sums and fulfillments of considerations hereinafter specified, to Alexander Rossi and J. T. Clement, there heirs or assigns to the following described land situate in Canyon County Idaho, to wit:
The North east quarter of the North West quarter in Section nine, township eight north of five west, and the fifteen acres not yet deeded, to the said Alexander Rossi and J. T. Clement, less two and one half acres in the South West Corner of the South east quarter of the South West quarter in section four Township eight north of range five West Boise Meridian. Containing fifty two and one half acres of land. Provided, That the said Alexander Rossi and J. T. Clement their heirs or assigns pay to me my heirs or assigns on or before the first day of July 1893 the sum of forty four hundred and sixty two 50/100 dollars on or before the thirty first day of December 1893, the additional sum of Four thousand four hundred and sixty 50/100 Dollars, and provided further that the aforesaid Alexander Rossi and J. T. Clement, their heirs or assigns on or before the first day of August 1893, Commence the building of a Railway, beginning in or intersecting Washoe Bottom, Canyon County Idaho, and from thereon dilligently prosecute the work to Completion.
Given under my hand and seal this twenty eighth day of January 1893.
Witnessed.
John P. Tharp
State of Idaho )
County of Canyon) SS.
On this first day of March, in the year A. D. 1893, before me C. S. Loveland, a Notary Public, in and for said County, personally appeared John P. Tharp known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same.
In Witness Whereof, I have hereunto set my hand and affixed my Notarial Seal, the day and year in this certificate first above written.
(Seal)
C. S. Loveland,
Notary Public.
Recorded at request of A. Rossi at 9-55 Oclock A. M. March 8th 1893.
John T. Keegan, Recorder
By George Little, Depty.
Compared.
B and A, B 1 P 219 Canyon Co. Rec.
Probate
Payette county, Idaho
Book A
Page 1
IN THE PROBATE COURT OF SAID COUNTY
State of Idaho )
County of Canyon )
In the Matter of the Estate of John P Tharp--Deceased ) Order Confirming sale of Real Estate
D S Lamme Administrator of the estate of John P Tharp deceased, having made to this Court and filed in the office of the Clerk thereof, on the 27th day of March 1896, a return of his proceedings under the order of sale herein, duly verified by affidavit, and said matter after due proof of due notice made and given required by law: coming on regularly to be hard this 7th day of April 1896 and no one appearing to object to said proceedings and the Court having examined the said return and heard the testimony of witnessess in support there of, and it duly appearing to the Court that in pursuance of said order of sale said D S Lamme Administrator caused notice of the time and place of holding said sale to be posted up in three of the most public places in the town of Payette, County of Canyon, Idaho in which the land ordered to be sold is situated, and to be published in the Payette Independent a newspaper printed and published in the same Canyon County Idaho, for three weeks successively next before such sale, in which order of sale and notice the lands and tenements to be sold were described with common certainty as follows to wit:
The SW 4 SE 4 Sec 4 & NW 4 NE 4 Sec 9 Tp 8 N R5 W B M Containing 80 acres and an undivided one eighth interest in and to the E 2 N E4 Sec 14 Tp 8 N R 5 W B M containing 10 acres.
That at such sale J H Byram for the first described and J W Harrington for the second described tract became the purchasers of said real estate specified for the sums of $650 to J H Byram for the first tract and $125 to J W Harrington for the second tract they being the highest and best bidders and said sums being the highest and best sums bid.
And all and singular the law and the premises being by the Court here seen heard, understood and fully considered wherefore it is by the Court ordered adjudged and Decreed,
That the said sales be and the same are hereby confirmed and approved and declared valid and the proper and legal conveyances of said several parcels of said real estate are hereby directed to be executed to said purchasers by said D S Lamme Administrator, of the Estate of John P Tharp deceased as aforesaid.
Done in open Court this 7th day of April 1896
George Little
Probate Judge
State of Idaho )
County of Canyon)
I hereby certify that the foregoing was filed for record at request of Geo. Little at 10.50 A M May 2nd 1896
W C Dunbar Jr
Recorder Canyon County
Fees $1.50
B 1 P 6 P R C C Rec
William, Ernest, Grace and Sherman Tharp were all still minors at the time of their father's death and guardianship was given to their sister Martha Tharp Clark. See notes attached to Martha Tharp.
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