Probate Record for Frances Cleveland (Dodge) Nemetzky - Part II

Here is something I have been hoping to find for a very long time…and I found it this last week. I found the Probate Case for Frances Nemetzky thanks to the Sacramento Legal Press, which is available online at Newspapers.com. This is a newspaper that published legal notices for the Sacramento County Superior Court. My previous post talked about the legal notices that were published.

I received a copy of the Probate Case this week from the Sacramento County Superior Court. Reading through the case, I am surprised by how this case played out, and especially by how this case ended. The link to the copy of the probate case I received is here:

https://drive.google.com/file/d/1Rrv89BNvcTaqEUY7mFjxYvlsKatobOPl/view?usp=drive_link

Frances passed away on October 3, 1955 in Sacramento. Prior to her death, she was living with her sister, Ann (Dodge) Graham in the town of Broderick, a suburb of Sacramento. On October 17, 1955, Ann filed a Petition for Letters of Administration of Frances Nemetzky’s estate. Ann states in her Petition that where was no will, and none had been located, that the estate was valued at approximately $10,000, and that the next of kin and heirs at law were as follows: 

Ann Graham (Sister), residing at 520 5th Street, Broderick, California

Rachel Newitt (Sister), residing at 311 S. 9th St, Tacoma, Washington

William Morgan (Nephew – child of Clara Belle Morgan, deceased sister), residing at Wilkie, Saskatchewan

Mary Morgan McNab (Niece – child of Clara Belle Morgan, deceased sister), residing at Calgary, Alberta

Robert Dodge (Nephew – child of James Dodge, deceased brother), residing at 636 Davis Street, Rawlins, Wyoming

Alfred Dodge (Nephew – child of James Dodge, deceased brother), residing at 636 Davis Street, Rawlins, Wyoming 

As a side note, there was one brother, Dwight H. Dodge, who was still alive and living in Midland, Oregon, but all contact with and from him had been lost at this point for about 35 years. Another side note: William Morgan was living in Lloydminster, Saskatchewan; Alfred Dodge was living in Minot, North Dakota; and Robert Dodge was living in Clearfield, Utah. 

Ann’s Petition was granted on October 27, 1955, and she was appointed as Administratrix of her sister’s estate. The inventory of the estate was taken in early 1956 and consisted of the following: 

Real Property located in Marin County, California; valued at $500.00

Promissory Note dated January 1, 1952 executed by Warren David in the amount of $4,800.00; valued at $100.00

Promissory Note dated July 30, 1952 executed by Warren David in the amount of $6,250.00; valued at $100.00 

A separate case was filed by Ann Graham, as Administratrix of the Estate of Frances Nemetzky, against this Warren Davis. Judgment was entered for the Estate for the total amount of $16,857.84 (this included the principal amounts due, incurred interest, and attorney’s fees). However, there is no indication whether the judgment was ever collected. 

Ann also disclosed that she had paid an inheritance tax in the amount of $872.70 on money she claimed to have received from Frances before her passing. On the Report of Inheritance Tax Appraiser, Ann states the following: ‘That said decedent, prior to her death and in contemplation of her death, transferred to Ann Graham, sister, without valuable or adequate consideration, in money or moneys worth, the following described property and that said transfer was also made in lieu of the passing of said property by will or by the laws of succession: Bank accounts, in the sum of $20,626.42.’ 

The disclosure of this transfer of funds caught the attention of Ann’s sister, Rachel (Dodge) Newitt. In May of 1956, Rachel filed a Petition for Removal of Administratrix. In her petition, Rachel stated that the following were grounds for Ann to be removed as Administratrix: 

1. Rachel was a sister of the decedent, and the decedent did not have any surviving spouse or children.

2. That Ann failed to disclose the following property of the estate, including:

$20,626.42 was property of the decedent at the time of death,

Two diamond rings, valued at $600.00,

United States Savings Bonds, and

Various items of personal property.

3. Rachel states that the $20,626.46 was always the property of Frances and was solely entrusted to Ann for covering expenses of the decedent, and that the remaining balance was to be included in the estate. 

Ann filed her Answer on June 21, 1956, and denied these specific allegations. Trial was initially set for July of 1956. The trial was initially moved back to October of 1956. However, the trial was postposed through the remainder of 1956, and through 1957 and 1958 and into 1959. The last documents in this probate case are dated February 24, 1959, with trail on the Petition for Removal of Administratrix scheduled for April of 1959. This is where the Probate case ends…without any resolution or conclusion as to the Petition for Removal of Administratrix or a final accounting as to how the estate was disbursed. I reached out to the Sacrament County Court to ask if anything may have been missed in their providing the Probate case to me. I am currently waiting for a response. 

There is one part of the Probate case that does have a (partial) resolution. Ann disclosed that there was a parcel of property in Marin County, California that was in Frances’ name. In August of 1957, a Notice of Sale of Real Property was filed with the Court. The sale was held on September 23, 1957, and the property sold for $200. However, it isn’t known how or whether the funds from the sale of the property were disbursed. 

I do know that by 1959, Ann had left California and returned to Colorado Springs, where she had previously lived until 1942. Ann and her husband, Earl Graham, moved to Salt Lake City in 1942, and later to Broderick, California, where some of Earl Graham’s siblings lived. Ann would pass away in Colorado Springs in January of 1961. Rachel passed away in Tacoma in May of 1977.

It is possible (dad mentioned this to me) that the Probate case was resolved out of Court and the hearing ultimately dropped, which would explain why the Probate Case abruptly ends here. 

Probate Record for Frances Cleveland (Dodge) Nemetzky

I just found something this morning that I have been wondering about for a long time. I found on newspapers.com a newspaper titled Sacramento Legal Press. This newspaper was a weekly publication that gave notice of the court proceedings for the Superior Court in the County of Sacramento. In this newspaper, I found three references to the Probate case for my great-grandfather's sister, Frances Cleveland (Dodge) Nemetzky. She lived in San Francisco for many years, and owned and operated the Fogalsang's Pru-Nut Creams candy store there. She moved to the town of Broderick, California (a smalltown just outside Sacramento) in the early 1950's. Frances passed away on October 3, 1955 in Sacramento.

Soon after her death, a probate case was filed in Superior Court, County of Sacramento. Below is the first clipping I found this morning. 

This first clipping was published on October 21, 1955. A hearing was scheduled for October 27, 1955. This hearing would have been to appoint an administrator for her estate.

The second clipping I found was published on May 25, 1956. This would be for a hearing scheduled for May 29, 1956, requesting the removal of the administratrix (female administrator) of the estate. 

The third clipping I found was published on October 4, 1957. This would be for a hearing scheduled for October 11, 1957, regarding the sale of real estate that would have been in her name. 

A very long time ago, I found a letter that her sister, Rachel (Dodge) Newitt wrote to my grandpa in October 1957. This letter explained that their sister, Ann (Dodge) Graham, said nothing of Frances' death to anyone and took over her estate without anybody's knowledge. Once Rachel and the other family members found out what was going on, they hired an attorney to put a stop to Ann's handling of the estate. Rachel also explained in this letter that there was a will that spelled out what everyone was to receive. My grandpa, Robert Dodge, his brother, Alfred, as well as the children of their oldest sister, Clara Belle (Dodge) Morgan, Bill Morgan, and Mary (Morgan) McNab, were all to have received an inheritance from this will. I still have a copy of this letter.

As a side note, their oldest sister, Clara Belle (Dodge) Morgan, immigrated to Canada in 1911, and passed away in 1943. Another side note - they had a brother, Dwight Dodge, who was still alive and living in southern Oregon during this time, but all contact with him had been lost after he left Colorado in 1920.

The reason Ann would have been involved with Frances' estate in the first place was that Frances was living with her and her husband, Earl Graham, in Broderick, when Frances passed away. Ann and Earl Graham moved to Broderick in the late 1940's, following their move from Colorado Springs to Salt Lake City in 1942. They would return to Colorado Springs around 1958, shortly after this probate case was completed.

I am going to request a copy of this probate case from the Sacramento Superior Court. It will be interesting to see how this probate case played out. 

1924 Election for Justice of the Peace and Tiebreaker for N.T. Dodge

I just found the following article from The Salida Record dated January 9, 1925. In the 1924 election, Nathaniel T. Dodge ran for the office of Justice of the Peace in Buena Vista. There were two positions available, and he was one of three candidates running. He ran against James Garrahan and I.C. Terry. James Garrahan won the first position, and Nathaniel tied with I.C. Terry for the second position. The Salida Record reported on the tiebreaker as follows:

In the recounts of votes in the November election, it was found that a tie existed between N.T. Dodge and I.C. Terry, for the office of constable. The matter of choice has finally been made by the tossing of a coin which resulted in favor of Mr. Dodge. The following from Judge Charles L. Poston and Judge Charles F. Catlin, is explanatory: “As members of the Canvassing Board at the Recent General Election and at the request of Mr. F.A. Bromley, County Clerk and Recorder, we have this day determined the tie vote at the said election between you by throwing a silver dollar in the air three times, each of us choosing either heads or tail which resulted in favor of Mr. N.T. Dodge. This was done in the presence of Mayor W.S. Buchanan, Mr. F.A. Bromley, Mrs. Cora Davidson and Mrs. F.A. Bromley. We sincerely trust that this will prove satisfactory to each of you as we assure you it was done absolutely fairly and without any personal choice or desire.” Charles L. Catlin. Justice of the Peace.

Below is the published newspaper article. Even though the article says he was elected to the office of Constable, it should read Justice of the Peace. Nathaniel served in this elected position until January of 1926, when he resigned due to health issues. Following Nathaniel’s resignation, Mr. I.C. Terry was appointed to take his place. In my previous research, I found that Nathaniel had won the tiebreaker, but until now, I didn't know how he won the tiebreaker. This is such an interesting story from the life of my ancestor. How neat would it be to go back in time and watch this unfold.

Finding Original Forms in Genealogy Research

The goal of genealogy research is to find your family. You find your family in the records that you research. Whether those records are vital records, census records, family records, newspapers, directories, or other sources of information, each available record provides valuable information that not only identify those in your family, but can also help tell the story of their lives. One of the most important sources of information that is available are forms and applications that your ancestor has filled out themselves. This not only provides you with a tangible piece of information that they provided themselves, it also shows how much information they would have known, or were willing to share, about themselves and their family. Below are several different records that I have found that were completed and/or signed by several ancestors I have found over the years.

The first example is the U.S. Penitentiary Form for McNeil Island for Sherman E. Dodge (also known as F.E. Dodge). He signed this form on December 27, 1909, after being received at McNeil Island (sadly, there is no mugshot available for him, as many of the mugshots of the prisoners from this time have been lost). The form is double-sided, and contains information such as: his year and place of birth, his occupation, age, height, weight, and information on his father. Below is a copy of both pages of this form, which he signed.

He states that he was born in Gardiner, Maine in 1875. He worked as a Restaurant Man and Machinist. He was able to read and write. He states that his parents were living, and on the back identifies his father as N.T. Dodge, who resided as Buena Vista, Colorado, along with his mother, brothers & sisters His states that he is a widower. Through previous research, we know this information is incorrect. He was divorced from his wife in 1903. It is likely that he lied about this information as divorce was frowned upon at that time and would have added to his already questionable character as a prisoner.

The next example is the World War One Draft Card for John Edward Dodge from September 12, 1918. He gives his date of birth as January 28, 1882. He worked in Teaming, which meant that he worked with horses. He lists his parents as Nat Dodge and Fannie Dodge and states that they, as well as he, resided at Buena Vista, Colorado. Below is the front of the World War One Draft Card showing this information.

The next example (below) is from the marriage record between Goodwin O'Grady and Clara Belle (Dodge) Morgan from Saskatchewan, Canada from June of 1929. Clara lists her age as 40 (she would have been 45 in 1929). She stated that she was a widow (as her first husband had abandoned her and she did not know at that time that he was still alive). She lists her place of birth as Beuna Vista (Buena Vista, Colorado), with the place of birth being spelled out as it is commonly pronounced. She lists her father as Nathaniel Dodge and her mother as Fanny Stevens. Even though her name is spelled Clara Bell Morgan on the marriage record, she signed her name as Clara Belle Morgan.

The next example is the Social Security Application for Rachel Elizabeth (Dodge) Newitt from April 25, 1972. At the time Rachel applied for a Social Security Number, she was 85 years old. However, the information she provided is 100% accurate. She lists her date of birth as January 6, [18]87, and place of birth as Buena Vista, Colorado. She gives the complete names of her parents: Fannie Harris Stevens & Nathaniel Toothaker Dodge. As a side note, until I had a copy of this SSN Application, the spelling of her father's middle name was up to debate. The SSN Application is below.

The last example is the Application for Benefits for James Robert Dodge that was completed in 1923. This form was part of his VA Claims File, which I received in June of 2022. Out of the examples I have given, this one is the best example of information provided by an ancestor as this form was filled out by him. He lists information on himself, including date and place of birth (although his year of birth should be 1894 instead of 1893), information on his military service, and listing the names of his parents (N.T. Dodge and Fannie H. Dodge). The completed form (three pages) is shown below.

These are just some of the examples where ancestors have either completed forms or provided information for different forms to be completed, and signing that the information provided is true and correct. Finding any form that an ancestor has completed and signed is always a jewel of a find because it shows what information they have provided, or are willing to provide.

Annulment Case of Goodwin O’Grady and Clara Belle Morgan

After several months of waiting, I received a response from the King's Bench in Saskatchewan regarding my request for a copy of the annulment case for Goodwin O'Grady and Clara Belle Morgan. Before I talk about what I received from the Court, I want to mention a brief newspaper article I received from the Provincial Archives of Saskatchewan. This newspaper article (shown below) is from The Wilkie Press dated March 22, 1935.

The Wilkie Press: March 22, 1935 - Provincial Archives of Saskatchewan

This newspaper article states that when Clara married Goodwin O'Grady in 1929, she believed that her first husband, William J. Morgan (identified as J.W. Morgan) was deceased. The newspaper indicates that he was living in Ontario, but does not indicate how she found out that he was still alive. Clara had not heard from her husband since 1922 or 1923, according to the article. This corresponds to the timeframe when his homestead was foreclosed.

And now...my response from the King's Bench. Below is the ruling that I received. I will admit that I am disappointed in this response.

While the Court did verify the date of the annulment as March 19, 1935, my request for a copy of the annulment file was denied for the following reasons:

1. I already had considerable information concerning the parties. Prior to requesting a copy of the annulment case, I had located their marriage record, as well as a single newspaper article stating the reason for the annulment. However, I was also hoping to find out the circumstances (when and how) regarding how Clara found out her first husband, William Morgan, was still alive. This information was not provided by the Court, and was not disclosed in the newspaper articles that I found.

2. I explained that the parties are, and have been deceased fore more than 80 years, and this case is nearly 90 years old. The Court responded by explaining that 'Although the parties may now be deceased, family law files are confidential in nature as they often contain very sensitive and personal information. The passage of time does not alter the private nature of such information.' 

I will admit, I am disappointed, as well as dumbfounded, as to why the Court would make such a decision. While I understand that cases of this nature do contain sensitive information, the fact that all parties are now deceased should not prevent the release of such information when requested for genealogy research. In Canada, there is a 92-year wait for Census records to be released, which is understandable (it is a 72-year wait for U.S. Census records), as there is identifying information recorded in Census records. In addition, I have obtained copies of the 1940 National Registration Cards from Canada by providing proof of death for those individuals concerned. In the U.S., I have been able to obtain unredacted copies of Social Security Number applications by providing the requested proof of death. In addition, the cause and results of this case were published in the Saskatchewan newspapers (I have found two newspaper articles so far), making this matter very far from a private one. I wonder if providing copies of the death certificates (which I have, but did not provide) for Goodwin O'Grady and Clara Belle Morgan would have made a difference in their decision.

I do not believe that any privacy or confidential laws should remain in effect in perpetuity beyond the death of an individual. If such were the case for any historical or genealogical record, then genealogical research of any kind would be fruitless and in vain. If there is information that is recorded for an ancestor that is out there, access to that information, regardless of the source, should be granted for genealogical research. When that ancestor is deceased, if a proof of death is needed, I am happy to provide proof of death, as that should be sufficient proof that privacy/confidential rules are no longer in effect. If my descendants want to find information on me that may have been classified as confidential or private, they should be able to do so without facing the roadblock of privacy or confidentiality laws. This is a needless roadblock to successful genealogy research, as learning about your ancestors provides a better understanding of who you are, where you came from, and how your personal history fits in to the larger picture of history we are all here to learn from.