Ousley, Mary - Order and Decree of Partial and Ratable Distribution Prior to Final Settlement1
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21136
Lei's & lie ib j
512 First T-11ational wank Building,
"'an 'o
J se , Cnlifornia*
Attorneys for Executor*
E N D 0 R S E D
F I L E D
Oct. 28, 1938
FRANK W. HOGAN, Clerk
By Ralph F. Dethlefson
Deputy
1,, TPE SU PM. ,0i COURT (%Tz- THE STAT '(W C AI IIFO-� RIA
E L L #
' " TIE" COU'NTY F AJITIN 1JR TI , OSA
------- 0000 -------
In the Matter of the Lstate of )
01.1i:LH AND D.-ECIRT-1. OF 1PAIRTIAL
W-MY E. ADD RATABLF DISTRIBUTION
PRIOR TO IFINAL "c"I"'TTLEM ENT ,
------- 000 -------
VjILLIA11 A. YQEY,, Executor of the Last Will of IMARY E.
OUSLEY
0 deceased.. bavini
.; filed herein, on October 10, 19Z8S his
petition praying that this Court make Its order authorizing
and directing said F-xecutor to make a ratable distribution of
the sun of TFOUSAITID and 00/100 (24*000,00) DOLLARZ,
to the residuary le ,atees and devisees under the Last 'Ali of
said deceased, or to their successors in Interest entitled
thereto, and to pay over and deliver said scum to said residuary
ler-atoes and devisees,, or to their successors In interest
Z�)'
entitled thereto, in proportion to treir interests in the
r
residae of said estate,, and by its Decree distribute to
the "ITY (IF OIL f}'0 w
C, 0 a municipal corporation,, In Santa. Clam
County, California, the real property hereinafter described,,
upon the terms and conditions and subject to the easements,
uses and conditions hereinafter set forth, and proof there-
of having been mane to the satisfaction of the Courto the
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so
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Ccrart now finds that notice of the hearing of said petition
has been regnilarly Z;iven for tl-.o, t1 r—* and !.r- the manner required
7 the Prowbats� Code of this State, and no person
by '-ectilon 1*2M ol
appearin,; to contest t'!-ie srnej, trio irourt., afate-r hearing the
evidence, finds:
nnt an or tte aiie,,atlons of wd petition are true;
That j,-,tre tl-;r.-i sl-x, (,C) nonths have elapsed since the
appointrient
of naid Executor
Land
n1nae the first
publication
of not.'.r.e to
credltor.,i- thr:,t
tl�e
tire for fllinS
or presenting,
claims a,:-r-Inst U,.e T-c-'Cate of nrtft hen; expired and that
all c"Mins which have bo,`en pr*aented aelaln st 13P d ''::state have
been Paid or satisf iodp- t1lat all e" a thus
,ensez of administr on us
far incurrtd have been nald other than balance of Executors'
and Attorneysl fens end cf administration advanced b-
said Attorneys, paynent of *,Mch at this ttraa has been waived
as a conJition precedent to th�e nntry of this decree; t3hat all
property Cares vl-,Ich have become doe have been paid; that all
Inheritance taxes due the "State of Oplifornia ?have been paid;
that Vito Federal *:state 'Tlax line been finally determined and
paid;
That said Estate .4s, but little Indebted and that
ratable distribution of said sum of T7!-T'!',7r1-F0TMR !"PIOUSAN'D and
00/100 (?4,,00%0.00) YOLTZiRM rmy �e madle and paid, and partial
distribution of the real estate hereinafter described may be
made F,
,, without Injury to said "state or any person interested
there ire;
,!hat after said partial and ratable distribution
there will re-main sufficient undistributed assets of said estate
to pay a-11- unpaid taxes anc-I, exj-)enses of administration not
That JLTTIM "OEY died Augmat 1.8* 1938, leaving
a dotitizent purporting to be his Last rill, in Which he named
purporting,
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LTTU,;',L 1111. FOEY as Executrix thereof.* but that said doement
has not yet been admitted to probate as the Last Will of said
deceased, nor has a personal representative yet been appointed
or qualified to represent said deceased, or his estate;
IT ISO 011DEREDj, ADJUUM41 A111) DECREM)v that
said ZILLM1 A. 1-OLY, the Executor of the Last Will of CRY E.
O'UJSLEY* deceased* pay over and deliver to the beneficiaries of
the Last Will of said deceased, hereinafter named or desi&nated.,
the -U, IT(DUSAID and 00/100 (24,,000.00) DOLU
,Portion of nl'4'LN'jY-F() R T � 4
to which he Is entitled under the terms of said Last J11, being,
the per cent. and amount hereinafter set forth,, and as follows,
to wit:
To
EFLEN EASTON EMERY# Trustee,, in trust
%
9,' or
6000
2x1.
for the clAldren of 3 -0;= iLACL LASTONv
VIOLIV
1!01:11 4&5;'--, or ***0000•
101% or
A,20400s,00
To
CURA MCGOWANS, 'D% or
20160*00
To
JOSEYlif 1A., "IROT)AASO or
2VI60.00
'o
11ARY McLEV' 9% or
t*
2#160*00
,-,o
WILLIA14 A. Fogy 9% or
20160.00
the personal representative of JAM
Do, 14101-.1's deteaseds or of his estate,
9','o or
20160,00
To
CATIFE.1-U-1,1" or
2*160.00
To
E LLB Tik LAS 0.1 EJANIM14% 9�. or
1 e .
201 60*00
To
%
9,' or
6000
2x1.
T o
VIOLIV
1!01:11 4&5;'--, or ***0000•
1*000*00
M A o
(Mrs.)
S. LAST011 4.5% or
J a
10030.00
To
IRII-E
ITOLYv 4*5r�j or
10080* 00
M
10
, 'E'
- .1, ?
�,-ASTON ',J4'T,RY# 4*5�--� or 4*o*oo*o*
1*080*00
'T"he payment bereinabove ordered to be made by the
Executor of the Last Yiill of MARY TFI. MISLEY, deceased,, to the
personal representative of JAMS Do 1101-.Y,, deaeased, or of his
estate$, shall be made by such Executor only upon I-As being fur-
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nished by said personal representative with a certified copy of
his Letters Testamentary or of Administration,
IT lea FTMIMR OR D R , i 'J JDGEJ3 AliD F-CAD that
th.e followinG described real property be,, and 'l-* same is hereby
distributed to the CITY OF GILROY., a municipall corporation in
Santa Clara C""o=ty, California, upon the terms and conditions
and subject to the easements, uses and conditions hereafter
set f orth s
All that certain lot, piece or parcel of land,
situate, lying and being in the County of Santa Mara,
State of California* and more particularly described
as follows, to Sri t t
BEGINNING at a fence picket marked 0-4, standing
where the fence on the youth line of property formerly
of Clara 1 Ousley intersects the fence on the easterly
line of �T urchell Road.; running thence along, tl�e fence .
line on the Easterly line of the Burchell Road North
60 441 Vkest 3.030 chains to fence picket marked 0 -5,
North 190 28t R4est 4.25 chains to a Pence picket r�rked
0 -6, 7orth 43" 021 VYest 7,42 chains to a fence picket
marked 0 -7# Nyorth 100 051 'A =est 3 .3ii7 chains to a fence
picket marked 0 -8, and ''North f.11 chains to a point
where the Blurehell Road runs -V;esterly, and continues
thence North from said urehel2 Road along; the fence .
line between the lands formerly of Clara 111 Ousley
and the lands of ' -Alne, 8 .,91 chains to a fence picket
marked 0-9; thence routh 48° 2W East 15.,28 chains to
a stake marked 0 -10; thence outh 790 159 last 18.70
chains to a fence picket narked 0-130 standing in a
Pence line; thence along said fence line South 48" 12t
I st 3.347 chains to a .fence picket marked 0 -12,
South 39° 231 'pest 1.39 chains to a fence picket
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marked o-►13j, South 400 4Z East 2*76-3/4 chains to
a fence picket marked 0-14# and South 4* 50' T'Ast
1151211-1/3 chains to an 6" x 0," fence post standing
in the fence line between the lands of the City of
Gilroy and the lands of Ouslay.- thence along the
fence line between the lands of the City of Oil
and the lands of Ous107 South 880 261 'West 25,,237 chains
and youth 10 341 East 9,60 chains to a stake, South: 88*
061 West 0*994 chains to the Place of beginning; can-
taining 36.61 acres of land, more or less*
I-xCKFTIN'G fror. the above described lands all water
ruts conveyed to U.1-'C TA, 013 ,1iLWYp her heirs and assignsp
by those two (2) certain instruments respectively executed
by DONALD MeTW"ZIE and D. S. L. 13UP"K. and by the CITY
00-1 OILIROY, respectively dated FebrlmrY Up 1871 and
7
June 16, 13880 and respoetivelsr recorded 'November 7#
1SWp In Volume 71 of Deedsjp Page 175, and September 10,
1936, In Volume 705 Of Official Recorciss at Pate 444#
liecords of Cants Clara County, California.
SMaXECT, 11 to all existing easements of pipe
lines, ri8rhts of way, water rights and other easements
and uses to which, said 36.61 acre tract of land is now
subject in favor of the 43598 acre tract of land conveyed
by WILL11,111 A. YOFY'.. as 'Lxetutor of the Last Will of WM
Lo OUTSLEY, deceased, to "EDWARD B. KGFX., dated October V.
19380 and recorded October 17, 1938 In Volume 892 of
Official Recordso at FaSe 559,, -'iecords of "S"Onta Clara
County, Californ"Ast whiel"J. said 435.8 acre tract of land
formerly comprised a part of the Estate of said deceased#
Inc.ludinj;p without limitation of the easements and water
rights above referred top all the water rights, easementes
privile6as and pipe line rife is of way to which said 435.8
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acre tract of land is entitled under the three (3) instru-
ments last above referred to; to a rat of way thirty
(30) Afeet wide lying, southerly of and along. the northeast -
erly bouidary line of said 36*61 acre tract of lando to be
used for the purpose of taking cattle Pram one part of said
43 *8 aere tract of land to another part thereof; and to
the right of the owmrs of said 435*8 acre tract of land
at all ti =- es to cross said 36v61 acre tract of land with
auto trucks or other vehicless
-aid easements and uses shall remain a burden upon
said 36.61 acre tract of land in favor of said 435oS acre
tract of land and of all P.iture oumers of said 435,8 acre
tract of land; and all future owners of said 435*8 acre
tract of land simll be permitted to receive and talm
water fro the pipe lines of said CITY OF GILROY crossing
said 36*61 acre tract *f land, free of charge and to tbo
same extent as such riZhts were enjoyed by said W-Jrf E.
GUS-LEY during her lifetime,
Said 36,61 acre tract of land shall be known as
"019tLEY and shall be used by said CITY OF GILROY
only as a runicipal park or as a =uniclpal golf "zoursee
Done in open Court this 20th day of October, Do
1938*
[717,,,1,,,-.-
R. R. SYER
"AA �Wdye of,said Super or Court.
The foregelfig Inf!triment Is 1k
correct o!' the or1gloW
I I
-Ods OfEce
N 0 V - ;) ?931
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CLERK'S CERTIFICATE
I, P. A. COX, City Clerk of the Gity of Gilroy, do hereby
certify that the Common Council of said City of Gilroy at a
regular meeting held on the 7th day of November, 1938, accept-
ed the foregoing conveyance and consents to the recordation thereof.
Dated this 7th day of November, 1938.
a
Q.
li Ter Ic
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R E S 0 L U T 1 0 N 1.1 0=
IT E171"SOLVEV liy the Mayor and Co�xLmon Covincil of ti-le
City of Gilroy, that said City of Gilroy hereby accepts the
conveyance hereto attached and consents to the recordation
thereof. ;said conveyance having reference to a certain Decree
of DistrIbution made and entered in the Superior Court of the
State of California, in and for the County of Santa Clara., in
the matter of the Est, to of MARY I-",. deceased, and where-
in under said Decree of Distribution there was distrib'Lited to
the City of Gilroy certain real property therein described, and
said Decree being dated Octobor 28th,, 1938.
Passed, approved and adopted this 7th Day of November, 1938
at a --regular meeting, of the Common Council of the City of
Gilroy.
A Y'L S Councilmen:George Jack 13togers, James
Battersby, George A.14artin,George 1VIL.IvIason,
Nat Heiner
Folls: Councllmen:None
AIFSEt',T': Counc"1e1-,.:None
A tt ect:
City
CLERK'S CERTIFICATE
Ckl' the City Of' Gil ro,,-,t do I e,_=obl,-
/^1 e r t 1 fy t1 t t'-"-, e t e:, c 6 o y _- � I b--
of i-esolution has, been cci
E tlt)c�, ly
,,.,e with is (lick, c(x of it ' -e rv:lole of
lUtion
Of VIC -regular ,:",e, t, 11,on OmUncl,_l of of
Gilroy Ti—eld'—oni- 7-U-11 oclr of
011! t-lie
F3
C., nl.a
0
TRITE COPY OF OUSLFY WILL PFRTA111MG TO GMr COURSE.
I give and devise to the City of Gilroy, in the County of
Santa Clara, State of California, the thirty -six (36) acres, more or
less, now leased to the Gilroy Golf & Country Club, subject to the
easements of pipe lines, right of way, water rights and other easements
and uses to vhioh such property is now subject in favor of adjoining
lands ovned by me, and subject to the following express conditions:
Said easements - uses shall remain a burden upon said thirty-
six (36) acres in favor of said adjoining lands, and all future owners
of the adjoining lands, now owned by me, shall be permitted to receive
and take vater from the pipe lines of said City, free of charges and to
the same extent, that such right is nov enjoyed by me.
Said thirty -eix (36) acre tract of ]and shall be known as
(Ousley Park), and sfa31 be used by the City only as a minicipal park
or as a maanicipal golf course..
If said thirty -,sire (36) acre tract of laud, is ever used or
permitted for any purpose other than as a mmicipal park or as a m ml-
cipal golf course, or if any of the foregoing conditions on which gift
thereof is made to the City of Gilroy, is not strictly observed and
fulfilled by it, then all its rights to said tract shall thereupoan,
immediately and ipso facto, cease and terminate., and full title there-
to shall revert to my heirs at lav8 and, subject to t�ie acceptance of
said gift by said City upon the express terms and conditions above set
forth, and to a complete observance and fulfillment - ;hereof, I give said
thirty -sic (36) acre tract of land to my hairs at law,