Will of Ellen Ellmer
Sacramento, California
Will Book A: 12-15
Written 10 November 1856; proved 22 February 1858

Will transcription:

The last Will and testament }
of Ellen Ellmer deceased }

I Ellen Ellmer, wife of John B.
Ellmer residing in the City of Sacramento in the
State of California do make this my last will and
testament as follows:

First: I will and bequeath unto my husband John B. Ellmer
all my right, title, interest and claim in and to the
following described real Estate situate, lying and being
in the County of Sacramento and State of California
to wit a portion of a Lot in the City of Sacramento bounded
and described as follows to wit: beginning at the South
west quarter of Lot number Seven (No 7) in the square of
said City bounded by Second and third and N and M Streets
in said City running with N Street thirty (30) feet easterly,
thence North at right angles Eighty (80) feet, thence Westerly
thirty (30) feet, thence to place of beginning Eighty (80) feet.
And I do will and desire that Lewis Sanders Jr who holds
the same in trust for me shall after my death hold the
same in trust for my said husband paying the rents and
profits thereof to him the said John B. Ellmer as long as the
legal title may remain in the said trustee and that he will
and shall at the request of the said John B. Ellmer
convey the legal title to him or to any other person to whom
he may direct.

Second: I also give and bequeath to my said husband
any and all other property whether real, personal or mixed of which
I may die possessed.

In witness of all which I have hereunto set my hand and seal
at the City of Sacramento this Tenth day of November A.D. 1856
In the presence of }
John S. Cochran }
Martha T. Cochran }                    Ellen Ellmer {seal}

I hereby consent to the making execution
terms and conditions of the foregoing will this day executed
by my wife.

[page 13]

In witness whereof I have hereunto set my hand and seal
at the City of Sacramento this Tenth day of November A.D. 1856.
J.B. Ellmer {seal}

At the request of the foregoing signers, viz. Ellen Ellmer
and J.B. Ellmer, we J.S. Cochrane and Martha T. Cochrane have
in their presence on this 14^th day of November 1856, hereto
affixed our respective names as Witness to their respective
Signatures to the foregoing instrument or last will and testa=
ment and consent thereto.

John S. Cochran
Martha T. Cockran

State of California }
County of Sacramento } In Probate Court

In the matter of the Estate of }
Ellen Ellmer Deceased }

John S. Cockrane and Martha T.
Cochrane appeared in open Court and being duly sworn, each
testified that they were acquainted with Ellen Ellmer, the
deceased, that they were present and called upon to witness

her last will and testament, that the paper presented was
that will, that she published as her last will and testa=
ment, and the witness both set their proper names to the
same as witnesses. That said deceased was of sound
mind and fully aware of what she was doing.
Subscribed and Sworn to before me this }    John S. Cochran
22^nd day of February A.D. 1858 Martha T. Cochran

JB Dayton Clerk
By J.S. Jameson D.C.

State of California } In Probate Court
County of Sacramento } February Term 1858
February Term 1858

[page 14]

Estate of }
Ellen Ellmer deceased }

Now on this day come [?] for hearing
the petition of J.B. Ellmer, praying for letters of administration
upon the above Estate, and for the admission to Probate of
the will of said deceased: and proof being made to the
Satisfaction of the Court by the affidavit of James
Anthony now on file that notice to all persons interested
in said Estate has been duly published in the manner
required by Law, and no person appearing to contest said
will or application or having filed written objections
to the same. And it further appearing from the affidavits
of John S. Cochran and Martha T. Cochran, subscribing witnesses
to the said will that the same was executed by the said
Ellen Ellmer in her life-time, and that at the time of
the Execution thereof the said Ellen Ellmer was of Sound
mind and memory, and not under any restraint whatever,
It is therefore ordered and decreed by the Court that said will
be admitted to Probate as the last will and Testament of
Ellen Ellmer deceased, and that J.B. Ellmer, surviving
husband of said deceased be appointed administrator
with the will annexed of said Estate, upon his taking the
proper oath required by Law and executing and filing
in this Court a good and sufficient bond in the penal
sum of One thousand dollars to be duly conditioned
and approved as the Law requires.

And thereupon said J.B. Ellmer comes and presents his
bond as administrator with the will annexed of said
Esate duly conditioned and approved as the law
directs, with Elijah Swift and John Troutmann as
his Sureties, and he having taken the oath of office
as required by Law.

It is therefore ordered by the Court that said bond
be placed on file and noted of record, and that
letters of administration with the will annexed
be issued to the said J.B. Ellmer; thereby vesting
in him full power and authority to proceed in the

[page 15]

Settlement of said Estate in the manner required by Law.
It is further ordered that said Administrator cause a notice
to be published in the Daily Union, a newspaper published
within this County, notifying all persons having claims or
demands against the said Estate to present the same to
him duly authenticated within ten months from the date
of such publication, said notice to be published at least
once a week for four successive weeks.

In testimony whereof I have hereunto
set my hand and caused to be affixed
the seal of said Probate Court, this
22^nd day of February A.D. 1858.
Robert Robinson County Judge
Sac Co Cal

Attest JB Dayton Clerk
By J.S. Jameson Dep Clerk

(Endorsed)
“Filed Feby 8^th 1858 and admitted to Probate
February 22^nd 1858.
JB Dayton Clerk
By J.S. Jameson D.C.”

© 2017 transcription by Deborah Sweeney
Post originally found: https://genealogylady.net/2017/11/27/randon-record-will-of-ellen-ellmer/