Transcribed by Larry Campbell, April 11, 2005
The People of the State of New York,
By the Grace of God, Free and Independent.
To all to whom these presents shall come or may concern, send greeting:
Whereas, at a Surrogate's Court, held in and for the County of Delaware, at the
Surrogate's Office, in the Village of Hobart in said County, on the 31st day of August,
one thousand nine hundred and thirty three, a decree was duly made awarding Letters of
Administration upon the estate of Jacob Dietrich, late of the town of Kortright, in said
County, deceased, to Adelaide O. Dietrich and Henry Dietrich:
And whereas, the said Administrators have taken the official oath and filed a bond as
required by said decree:
Therefore, know ye, that the said Adelaide O. Dietrich and Henry Dietrich are appointed
administrators of all and singular the goods, chattels and credits which were of the said
deceased, with all the rights and powers and subject to the duties prescribed by law.
In testimony whereof, We have caused the Seal of Office of our said Surrogate to be
hereunto affixed.
Witness, Hon. A. Lindsay O'Connor, Surrogate of the said County, at Hobart, in the said
County, on the 31st day of August, in the year of our Lord one thousand nine hundred and
thirty-three.
A. Lindsay O'Connor, Surrogate.
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At a term of the Surrogate's Court of the County of Delaware, held at the Surrogate's
Office, in the Village of Delhi, New York, on the
PRESENT: Hon. A. Lindsey O'Conner
Surrogate's Court
County of Delaware
In the Matter of the Estate Tax
Upon the Estate of Jacob Dietrich, deceased
State of New York:
County of Delaware:
Adelaide O. Dietrich, being duly sworn, deposes and says:
1. That I reside in the Town of South Kortright, County of Delaware, State of New
York, and was the wife of Jacob Dietrich, late of said town and county, deceased.
2. That the following inventory correctly sets forth all of the real property of which
said decedent died seized to my knowledge, and I have conscientiously set down
the fair market value thereof when said decedent died. Real Property $5,000.00
valuation, two mortgages, one held by Annie M. Ruff for $2,200.00 and one held
by William Buel for $1,300.00. The following inventory correctly sets forth all
the personal property of which said decedent died possessed, coming to my
knowledge, and I have conscientiously set down the fair market value thereof
when said decedent died; Personal Property $3,518.89.
3. That I have not set out herein any of the claims allowed by me against said
decedent, nor a statement of the money paid for funeral and other expenses of
administration of the estate of said decedent for the reason that I am informed and
verily believe the gross estate, without regard to proper deductions, is not
sufficiently large to make the same subject to estate tax.
4. That there has been no transfer of deed, grant, bargain, sale or gift made in
contemplation of death of the decedent or intended to take affect in possession or
enjoyment at or after such death.
5. That said decedent left him surviving as his wife, Adelaide O. Dietrich, and
children; Jacob Dietrich, Eva N. Orr, Lillian B. Lee and Bessie Bouker.
6. That said Jacob Dietrich died at the Town of Kortright, on the 5th day of August,
1933, and was at the time of his death a resident of the County of Delaware.
Adelaide O. Dietrich
Sworn to before me, this day of 21 of March, 1934.
John W. Smith, Notary
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At a term of the Surrogate's Court of the County of Delaware, held at the Surrogate's
Office, in the Village of Delhi, New York, on the 10th day of September, 1934.
PRESENT: Hon. A. Lindsay O'Conner
Surrogate's Court
County of Delaware
In the matter of the Estate Tax Upon the Estate of Jacob Dietrich, deceased.
Sir: You will please take notice; that upon the affidavit of Adelaide O. Dietrich, widow
of Jacob Dietrich, deceased sworn to the 21st day of March, 1934, copy of which is hereto
annexed and herewith served upon you, the undersigned will apply to the Surrogate of the
County of Delaware, at his office in the Village of Delhi, New York in said County on
the 10th day of September, 1934, at the opening of Court on the day or as soon after as
councel can be heard, to appraise the estate of said deceased and determine the cash value
thereof, and for an order declaring said estate exempt from the taxation under the
Transfer Tax Law, and the acts amendatory thereof.
DATED: August 16, 1934
Alfred Hale Davis
Attorney for Adelaide O. Dietrich
195 Delaware Street
Walton, New York
TO: John Griffin, Attorney
for Department of Taxation and Finance.
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At a term of the Surrogate's Court of the County of Delaware, held at the Surrogate's
Office, in the Village of Delhi, New York, on the 10th day of Sept. 1934
PRESENT: Hon. A. Lindsay O'Connor
Surrogate's Court
County of Delaware
In the Matter of the Estate Tax Upon the Estate of Jacob Dietrich, deceased.
Upon reading and filing the affidavit of Adelaide O. Dietrich, widow of Jacob Dietrich,
deceased, who died a resident of the County of Delaware on the 5th day of August, 1933,
sworn to the 21st day of March, 1934, and wherefrom it satisfactorily appears that the said
estate and the property passing thereunder is exempt from taxation under the laws in
reference to the taxable transfer of property of deceased person, admission of due service
of notice of this motion upon and on John Griffin, Attorney for the Department of
Taxation and Finance and Alfred H. Davis, Attorney for Adelaide O. Dietrich, appearing
in support of said motion, and John Griffin, Attorney for the Department of Taxation and
Finance, appearing but not in opposition.
Now, on motion of Alfred H. Davis, attorney for Adelaide O. Dietrich, it is ordered, that
the transfer of the property of which said decedent, Jacob Dietrich, died seized and
possessed and mentioned in said affidavit, be, and it is hereby, declared exempt from
taxation under the acts in relation to taxable transfers of property of deceased persons.
A. Lindsay O'Connor
Surrogate of Delaware County
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