Person Page 2,864

WEDDING ANNOUNCEMENT - Clayton A. Butcher & Grace Ann Morrow; Idaho Free Press; Thursday, December 17, 1936

Clayton A. Butcher of Lucile and Grace Ann Morrow of Boles were married last Friday morning at the parsonage of the Federated church, the Rev. Nelson C. Pierce reading the ceremony. They were attended by Mrs. Ike Rice, sister of the groom, and Mary Lou Benedict.

Mr. Butcher is the son of Mr. and Mrs. E. W. Butcher and at the present is associated with his father in stock raising and mining. The bride is a daughter of Mr. and Mrs. Clyde Morrow, prominent stock growers of the Boles section, and is a graduate of the Lewiston High School.

They will make their home for the present at the ranch on the Salmon River.

OBITUARY - Lewiston Tribune; January 22, 1994

Clayton A. (Butch) Butcher, a cattle buyer for the Twin City Sales Yard and Lewiston Livestock Market, died of a heart attack Tuesday at his home in Lewiston. He was 80.

He was born Aug. 2, 1913, at Cow Creek, near Lucile, Idaho, to Eben and Anna Turnbull Butcher.

He was raised and had his early schooling at Lucile. The family later moved to Grangeville, where he graduated from high school.

He then began working for the U.S. Forest Service as a packer, and in 1936 he started saddle bronc riding and bulldogging at the Lewiston Roundup, an event he participated in for several years. He was named grand marshal of the Roundup Parade in 1979.

He was a former member of the Rodeo Cowboys of America, and was all-around champion at Grangeville Border Days in 1939 and 1940.

He married Grace Morrow in 1937 at Riggins, and the couple moved to Cottonwood, where he ran the Livestock Sales Yard for a number of years until moving to Parma, Idaho, in 1951. They later divorced.

He farmed at Parma until 1960, and then moved to Gallatin Gateway, Mont., where he ranched cattle.

He married Claudina Holden, and she died some time later.

In 1964 he moved to Visalia, Calif., where he worked in a feed lot until moving to Lewiston in 1965.

He married Madeline Reib Porter in 1973. She died in 1988.

He worked as a cattle buyer at the Twin City Sales Yard and Lewiston Livestock until the time of his death.

Survivors include two sons, Clinton Butcher of Oxnard, Calif., and Dick Butcher of Boise; three sisters, Florence Downen of Lewiston, Stella Bosworth of Buhl, Idaho, and Pauline Hoover of Twin Falls; and three grandchildren.

A son, Darrell, and two sisters died previously.

Services are scheduled for 11 a.m. Tuesday at Malcom's Brower-Wann Memorial Chapel in Lewiston, with his son, Dick Butcher, giving the eulogy. Burial will follow at Normal Hill Cemetery in Lewiston.

The family suggests memorial contributions be made to the Lewis-Clark Animal Shelter, 1820 Shelter Road, Lewiston, Idaho, 83501.

Education: Early schooling at Lucile, Idaho Co., Idaho; graduated high school at Grangeville, Idaho Co., Idaho

Interests: Saddle bronc riding and bulldogging at the Lewiston Roundup, an event he participated in for several years. (1936 +); He was a former member of the Rodeo Cowboys of America, and was all-around champion at Grangeville Border Days in 1939 and 1940.

Occupation: Farm laborer - farm (1930); worked for the U.S. Forest Service as a packer (1940); farmer - Parma, Canyon County, Idaho (1951-1960); rancher - Gallatin Gateway, Montana; cattle buyer for the Twin City Sales Yard and Lewiston Livestock Market

Residence: Cottonwood, Idaho Co., Idaho (1937); Parma, Canyon Co., Idaho (1951); Gallatin Gateway, Gallatin Co., Montana (1960); Visalia, Tulare Co., California (1964); Lewiston, Nez Perce Co., Idaho (1965, 1975.)

OBITUARY - The Times-News, Twin Falls, Idaho; Thursday, October 3, 2002

Pauline Lydia Hoover, 85, of Twin Falls, died Tuesday, October 1, 2002, at Magic Valley Regional Medical Center. Pauline was born October 30, 1916, in Lucille, Idaho, to E. W. Butcher and Anna Lydia Butcher.

She was the youngest of 6 children. She graduated from Lewiston High School in 1935. In 1937 she married Roland Van Erickson and he preceded her in death in October 1943 as a result of a military plane crash during WWII. Two children were born of that marriage. In September 1949 she married Harold Franklin Hoover and a daughter was born of their union. Pauline and Harold owned and operated the East 5 Points Trailer Court, formerly Hoover Trailer Court. Harold preceded Pauline in death December 29, 1990. Pauline is survived by her children, Larry Carol Erickson of Boise, Idaho, Christine Erickson of Olympia, Washington and Frankie John Kreps of Twin Falls; 2 stepchildren, Dave Jean Hoover of Thornton, Colorado, and Carol Coy Cross of Citrus Heights, California; two sisters, Sally Bosworth of Buhl, Idaho, and Florence Downen of Lewiston, Idaho; 14 grandchildren and 30 great-grandchildren. Pauline was preceded in death by her parents, her two husbands, two sisters Mable Odell and Lavina Sullivan, and by a brother Clayton Butcher. Pauline will be greatly missed by all who loved and knew her. She was generous and caring and never knew a stranger. The funeral service will take place at 1 p.m. Saturday, October 5, 2002, at Reynolds Funeral Chapel. Burial will follow at Twin Falls Cemetery. Friends may call at Reynolds Chapel on Friday October 4, 2002, from 4 p.m. until 8 p.m.

Charles' wives, in order, were: Mary Moeller, Louise M., King, Della Butcher and Maude Unknown.

NEWSPAPER ARTICLE - "From All Over Indiana," Elkhart Truth, April 6, 1905; page 3 (GenealogyBank.com/)

(Extraction) Shelbyville - Charles F, Schmoe of the Schmoe Carriage Works clipped off an index finger while operating a jointer.

Indianapolis Star (Indianapolis, Indiana); September 4, 1912; page 9; column 4; (found at Ancestry.com):

DISMISSES DIVORCE SUIT, BUT WILL FILE ANOTHER

Shelbyville Woman makes Sensational Charges In Complaint Against Husband

SHELBYVILLE, Ind., Sept. 3. - The opening of the September term of the Superior Court brought the dismissal of the suit for divorce Mrs. Charles F. Schmoe filed last May against Charles F. Schmoe, furniture manufacturer of this city, but it did not bring a settlement of their troubles, and it is said that another complaint will soon be filed. It is said that Mr. Schmoe has agreed to contribute $20 per week toward the support of Mrs. Schmoe and the children, and that he will give her considerable alimony in the final settlement of the case.

Mrs. Schmoe's allegations are highly sensational, she alleged cruel and inhuman treatment, mentioning that Mr. Schmoe had once knocked her down a stairway, and that he had gained absolute control of $3,600 of her money by forcing her to sign a deed for real estate they owned jointly. She also alleged that Mr. Schmoe boasted of his amours with other women. In her former complaint for divorce she asked $10,000 alimony.

Note: This divorce is for Charles' marriage to Louise M. King.

From the Shelbyville (IN) Democrat; Tuesday, July 5, 1921; Page 1; http://www.shelbycountyindiana.org/obituaries/obit_mundehenk.htm

DIES IN ATTEMPT TO SAVE FIANCEE

----------

JOHN J. MUNDEHENK, MANAGER OF INDIANAPOLIS AUTO COMPANY, DROWNED

----------

In an attempt to save his fiancée, Miss Beulah Dillingham, of Indianapolis, daughter of Mrs. Charles F. Schmoe, of this city, from drowning in Big Blue river, north of Marietta, Sunday evening about 7 o'clock, John J. Mundehenk 28 years old, of Brookville, O., was caught in a whirlpool and carried below the surface of the water. Expert swimmers of this city and the Marietta community worked until midnight before they located the body and dragged it to shore with large hooks.

The body was taken to the undertaking establishment of Ralph J. Edwards, west Broadway, where it was prepared for burial. Mr. and Mrs. John Mundehenk, Sr., of Brookville, O., were notified of their son's tragic death and arrangements were made to take the body to the home in Brookville. The body was taken to Brookville, Sunday, where funeral and burial services will be held.

The death of Mundhenk came after a desperate struggle to save the life of Miss Dillingham, who fell into the river when she became unbalanced in reaching for her hat which had fallen and was caught on a projecture. Mrs. Schmoe and niece, Thelma Schoffield, who makes her home with Mrs. Schmoe, were the other persons of the party and on seeing the young woman fall into the water, Mrs. Schmoe yelled to Mundehenk, who was catching crawfish some distance away. He rushed to the spot, and, knowing Miss Dillingham was a swimmer, thought she was not in danger.

On seeing the girl go down beneath the surface he dived into the river and was towing her to shore when they were caught in the whirlpool. He struggled desperately to make headway toward the bank and on realizing he could not hold up much longer gave the girl a shove which sent her out of the whirlpool. Mrs. Schmoe who was on the bank thrust out a pole to which was tied a rope made out of strips of clothing, to which the girl clung. The young man caught onto the heel of the girl and the two were being towed to shore by Mrs. Schmoe when the rope made of clothing broke in two and the two were carried back into the current. Mendehenk[sic] was caught by the whirlpool and was carried beneath the surface and did not come up. Miss Dillingham was carried downstream by the current and was saved when she caught hold of a bush on the opposite side of the river and pulled herself onto the bank.

The tragedy caused a keen shock to many persons here who were acquainted with the deceased. Mendehenk[sic] was employed as a traveling salesman and manager of the Welbon Auto Co., of Indianapolis, and resided on Illinois street. His marriage with Miss Dillingham was expected to take place in the near future. Miss Dillingham resides in Indianapolis. She has not yet recovered from the shock and fright of the tragedy.

Surviving Mendehenk[sic] are the parents and two brothers, one aged 23 years and the other 8 years. He was a man of splendid character.

Estate of Dillingham [15 Cal. App. 3d 707]

Share |

[Civ. No. 36774. Court of Appeals of California, Second Appellate District, Division Four. March 1, 1971.]

Estate of BEULAH M. DILLINGHAM, Deceased. RUTH SCHMUTZLER, Petitioner and Appellant, v. FLORENCE DOWNEN et al., Claimants and Respondents

(Opinion by Jefferson, Acting P. J., with Kingsley and Dunn, JJ., concurring.)

COUNSEL

Sapin & Woldman, Sandy Sapin and Alfred Fadel for Petitioner and Appellant.

John Maharg, County Counsel, David Breier, Deputy County Counsel, Hartman & Sampson, Newton Kalman, Young & Young and Walter H. Young for Claimants and Respondents.

OPINION

JEFFERSON, Acting P. J.

Ruth Schmutzler appeals from a judgment of the trial court rendered on her petition to determine interests in the estate of Beulah M. Dillingham, ruling that the petitioner is entitled to receive under the will only the residence, furniture and clothing of the deceased.

Beulah M. Dillingham died on April 4, 1968, leaving an holographic will fn. 1 which was duly admitted to probate. When the named executor [15 Cal. App. 3d 709] declined to act, the public administrator was appointed and filed a petition for letters listing as heirs at law six adults, all of whom made claims and petitioned for a determination of heirship and distribution. Ruth Schmutzler, a good friend of the decedent, then filed a petition claiming that she was entitled to take the entire estate except for the amount of one specific bequest of $1,000 made to Mrs. Mable O'Dell.

The testatrix was an elderly woman who for a number of years immediately preceding her death had lived alone in a single family residence on 88th Place in Los Angeles which she owned. The testatrix' mother had predeceased her; she had no children, and her only living relatives were first cousins who resided outside of California. During the last few years of her life the testatrix was ill and unable to care for herself alone. She had never been in close touch with her surviving relatives and her neighbors undertook to visit her home, take her to see the doctor, and help her with shopping and cooking.

The holographic will of the testatrix bequeathed to Ruth Schmutzler a gift of "house and content of furniture and clothing" and to Mable O'Dell the sum of $1,000. The testatrix left other assets, including a safety deposit box and its contents, which were not specifically disposed of by the will. In her petition to determine interest Ruth Schmutzler alleged that the testatrix intended to will her entire estate to petitioner. As a consequence the trial was bifurcated, all parties waived jury trial and the claim of Ruth Schmutzler was first determined.

Ruth Schmutzler testified concerning her relationship with the testatrix and the court admitted the testimony of a second witness, Mrs. Pearl A. Keene, for the sole purpose of showing the circumstances surrounding the execution of the will. (Prob. Code, § 105.) Mrs. Keene, who lived across the street from the testatrix, had been her intimate acquaintance for over 30 years. She did not know Ruth Schmutzler, but the testatrix frequently spoke of Ruth and Mrs. Keene knew that Ruth often visited the house. The testatrix also received letters from a cousin and a woman who lived in Florida, and these letters Mrs. Keene often read aloud for her. [15 Cal. App. 3d 710]

On or about October 11, 1967, the testatrix engaged Mrs. Keene in a conversation about writing an holographic will. Mrs. Keene then accompanied the testatrix into her house and the holographic will which was admitted to probate was written in her presence. As the testatrix wrote she made comments and asked questions, and the witness related these statements to the best of her recollection.

The trial court found, after hearing the evidence, that the provisions of the will were not reasonably susceptible of two or more meanings and that there was no uncertainty arising upon the face of the will, and concluded that there was neither a patent or a latent ambiguity made to appear by the extrinsic evidence.

[1] The appellant contends that a patent ambiguity appears in the will with respect to the legacy of "house and content of furniture and clothing" to Ruth Schmutzler. The trial court, however, found that the testatrix used and understood the words in their common meaning and there is no evidence from which a contrary inference may reasonably be drawn. Although the testatrix left other assets, including cash in the bank, securities, and jewelry, the evidence does not disclose the location of the bank books and securities either at the time the will was being prepared or at the time of Mrs. Dillingham's death. Moreover, the testatrix made specific reference to her safe deposit box and indicated that she felt unable to make a complete testamentary disposition of the items therein situated as she was preparing her will. There is no evidence that she intended something more to pass to Ruth Schmutzler than the house, furniture and clothing.

[2a] The appellant further contends that the failure to dispose of the residue implies a latent ambiguity under the presumption against partial intestacy. "Broadly speaking, there are two classes of wills presenting latent ambiguities, for the removal of which ambiguities resort to extrinsic evidence is permissible. The one class is where there are two or more persons or things exactly measuring up to the description and conditions of the will, ... The other class is where no person or thing exactly answers the declarations and descriptions of the will, but where two or more persons or things in part though imperfectly do so answer." (Estate of Donnellan, 164 Cal. 14, 20 [127 P. 166]; also Estate of Russell, 69 Cal. 2d 200, 207 [70 Cal.Rptr. 561, 444 P.2d 353].)

[3] A will is to be interpreted to execute the intention of the testatrix (Estate of Nielsen, 204 Cal. App. 2d 357, 361 [22 Cal.Rptr. 260, 94 A.L.R.2d 1100]) but it is not open to construction merely because it fails to dispose of all of the property and the court may not on this ground supply dispositive clauses lacking in the will." The rule is that a will is to [15 Cal. App. 3d 711] be construed according to the intention of the testator, and so as to avoid intestacy. (Prob. Code, §§ 101, 102.) However, a court may not write a will which the testator did not write. 'To say that because a will does not dispose of all of the testator's property it is ambiguous and must be construed so as to prevent intestacy, either total or partial, is to use a rule of construction as the reason for construction. But a will is never open to construction merely because it does not dispose of all of the ... property." (Estate of Barnes, 63 Cal. 2d 580, 583 [47 Cal.Rptr. 480, 407 P.2d 656]; Estate of Beldon, 11 Cal. 2d 108, 112 [77 P.2d 1052]; Estate of Deacon, 172 Cal. App. 2d 319, 323-324 [342 P.2d 261].) "A testator has the right to make a will which does not dispose of all of his property but which leaves the residue to his heirs at law under law of succession. [Citations.]" (Estate of Gundelach, 263 Cal. App. 2d 825, 830 [70 Cal.Rptr. 140].) [2b] The determination of the trial court is supported by substantial evidence and the language giving Ruth Schmutzler the "house and content of furniture and clothing" is clear.

The judgment is affirmed.

Kingsley, J., and Dunn, J., concurred.

FN 1. The holographic will of the decedent is as follows:

"Oct. 11-1968 Los Angeles, Calif.

"I Beulah M. Dillingham.

of 527 W-88-Place 44 -- make my last Will and testament I bought a crypt in Inglewood Cemetery 1834 W-gage Ave. number being Devotion Rose 366 I paid 475.00 cash for it years ago I paid $189.00 cash for opening and closing of same I also paid for flower vase and Name Plate I also bought a casket for $620.00 name in paper $6.00 Flower arrangement $35.00 I paid $20.00 Tax on the casket $12.00 filing this all can be found in my safety deposet box Security First National Bank. Manchester and Boadway the number is 1236. I have not any outstanding Bill at Present time if any bills later I will have medicare July 1st claim number 557-32-9049A any help I need to take care of me can be paid for out of my insurance or cash I can pay for administrator to take care of my Will at Bank of America at Broadway & Manchester. I wish Ruth Schmourtzler of 2828 Artesia Blvd Torrance California Phone 532-4786 to have this house and content of furniture & clothing also Mrs. Mable O Dell of Riggins Idaho Box 32 to have $1,000.00 dollars in cash she is nice to write me the news of our family she is the only one of our family that does none of the other do The Wiesler family in Detroit are out of my life as I never hear from them or any of my relations I will state here who I want to have my diamonds & pin in the safety Deposit box at Security First National Bank Manchester & Broadway. This is hard to do as I do not know any one or see any one But Ruth Schmourtzler calls me once a week.

Beulah M. Dillingham."

OBITUARY - Peoria Journal Star, The (IL); July 10, 1995; Edition: ALL; Page: D5; (GenealogyBank.com)

ZULA GREENUP

GALESBURG -- Zula Greenup, 98, of Galesburg, formerly of Industry, died at 6:53 p.m. Saturday, July 8, 1995, at Seminary Manor.

Born May 24, 1897, in Tennessee, Ill., to Dean and Lela Butcher Osborn, she married Edward L. Greenup on Nov. 24, 1920, in Macomb. He died Dec. 4, 1973. She also was preceded in death by one daughter, Barbara J. Drury; one son, James Dean Greenup; two grandchildren; three brothers; and two sisters.

Surviving are one son, John Greenup of Jackson, Mich.; four grandchildren; 18 great- grandchildren; and several nieces and nephews.

She moved to Galesburg in 1988 after living most of her life in Industry. She was a member of the Industry United Methodist Church and the Industry Rebekah Lodge. She was a member of the Macomb Order of Eastern Star.

Services will be at 11 a.m. Tuesday at the Clugston-Tibbitts Funeral Home in Macomb. Marshall Litchfield will officiate. Family visitation will be from 10 to 11 a.m. Tuesday at the funeral home. Friends may call at the funeral home after 1 p.m. today until time of services. Burial will be in Industry Cemetery.

Memorials may be made to her church.

OBITUARY

Milton I. Osborn

Milton I. Osborn, 89, of Macomb died at 5:55 p.m. Thursday, July 8, 1993, at the Colchester Nursing Home.

He was born June 3, 1904 at Monroe City, Mo., to Henry and Lela (Butcher) Osborn. He married Janice Grisham April 23, 1967, at Macomb. She survives.

He is also survived by two daughters, Marcia Hall of Macomb and Janice L. Osborn of Peoria; three grandchildren; one sister, Zula Greenup of Galesburg.

He was preceded in death by one son, David, two brothers and two sisters.

He worked for Bader's Grain Elevator for several years.

Graveside services are 1 p.m. Monday at Oakwood Cemetery with Mr. Matt Hunt officiating.

Visitation is from 10 to 11 a.m. Monday at Dodsworth-Piper-Wallen Funeral Home.

OBITUARY - The Peoria Journal Star, April 12, 2001

Irene T. Barkley, 94, of 100 W. Jefferson, Macomb, formerly of Ipava, died at 7:58 a.m. Wednesday, April 11, 2001, at Wesley Village in Macomb. Born Nov. 13, 1906, in Smithfield to Frank and Grace Neff Kirkpatrick, she married Frank Barkley on Dec. 26, 1925, in Keokuk, Iowa. He died March 9, 1989. She also was preceded in death by one son, Dr. Robert Barkley, and four brothers.

Surviving are two daughters, Mrs. Ted (Ginny) Doxstader of Macomb and Mrs. Sonny (Carolyn) Van Order of Vermont; 10 grandchildren; 10 great-grandchildren; and one brother, Burdette (and Mary) Kirkpatrick of Champaign.

A graduate of Western Illinois University, she taught school in the Ipava area for more than 30 years.

She was a member of Ipava Order of Eastern Star Chapter 226. She was a member of Ipava United Methodist Church. Graveside services will be at 1 1 a.m. Saturday at Ipava Cemetery. The Rev. Kevin Kessler will officiate. Visitation will be from 6:30 to 7:30 p.m. Friday at Shawgo Memorial Home in Ipava, with services by her Eastern Star chapter at 7:30 p.m. Memorials may be made to her church, VIT Junior/Senior High Library or W esley Village.

OBITUARY

Kirkpatrick Rites Friday in Ipava

Funeral services for Russell E. Kirkpatrick, 67, of RR 2, Macomb, who died at 9:16 p.m. Tuesday at McDonough District Hospital will be 2 p.m. Friday at the Shawgo Memorial Home, Ipava with the Rev. Peter Funch officiating. Burial will be in the Ipava Cemetery.

Friends may call at the funeral home this afternoon and evening.

He was born May 5, 1910, at Table Grove, the son of Frank and Grace Neff Kirkpatrick. He married Kathryn Lee, May 1, 1941, at Bowling Green, Mo. She survives him.

Also surviving are three sons, Frank of Macomb, William and Ken of Bushnell; four daughters, Mrs. Judy Bishop of Bloomington, Mrs. Becky Stambaugh of St. Augustine, Mrs. Kay Weaver of Adair and Mrs. Mary DeWeese of Bushnell; eight grandchildren; two brothers, Burdette of Champaign and Clair of Van Buren, Ark., and a sister Mrs. Irene Barclay of Ipava.

He was preceded in death by his parents, a son and two brothers.

He was a farmer and a member of the Bardolph Independent Order of Odd Fellows.

OBITUARY - Star Courier, Kewanee, Illinois 18 November 2003

WYOMING -- B.F. "Kirk" Kirkpatrick, 91, of Champaign and formerly of Wyoming, died at 5:45 p.m. Wednesday, Nov. 12, 2003, at Manor Care Health Service of Urbana. Graveside services will be at 2:30 p.m. Saturday, Nov. 15, at Pleasant Valley Cemetery, rural Wyoming. The Rev. Dr. Ted Snider will officiate. Memorials may be made to a charity of the donor's choice. Wyoming Funeral Home is in charge of local arrangements.

Born July 23, 1912, in McDonough County, Illinois, the son of Frank and Grace (Neff) Kirkpatrick, he married Mary Owen on June 12, 1963, in Urbana. She survives, as does a son, Alan Kirkpatrick of San Diego; and two grand children. His parents, five brothers and a sister preceded him in death.

He was a World War II Navy veteran, serving 26 years as a commissioned officer. He was a graduate of Western Illinois University, Macomb, and the University of Illinois Law School.

He was a professor of business law for 20 years at the University of Illinois, Champaign, retiring in 1972. He was a member of the Illinois Bar Association, Champaign County Bar Association, Alpha Delta law fraternity and First Presbyterian Church in Champaign, and was past president of the University of Illinois Social Faculty Club. He also was a lifetime member of the American Legion in Champaign.