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Probate Record of Frank Kinney
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Page 345
Frank Kinney -
Probate Order rec’d for record
Apr 29, 1903
at
2:45 o’clock,
P.M. H. N. Elwell (by Flora Garrison, deputy) Register
State of Michigan
) ss
In the Probate Court for said County.
In the matter
County of Kalamazoo
)
of appointing a Guardian of Frank Kinney an
alleged Spendthrift and mentally incompetent person.
To the Hon. James E. White Judge of Probate for
said County. The petition of Phoebe Kinney respectfully
represents to said Court that she is the wife of said
Frank Kinney; that said Frank Kinney is of the age of
forty-five years or thereabouts, and is an inhabitant
of, or resident in said County of Kalamazoo, and is
possessed of real & personal estate situate and being in
said County and elsewhere and the estimated value
thereof is the sum of Eight Thousand Dollars or
thereabout, as your petitioner is informed and verily
believes.
Your petitioner further represents that it is necessary
that a Guardian of the person and estate of the said
Frank Kinney be appointed for the following reasons viz:
That said Frank Kinney is now, and for some time
past a spendthrift; that he has become such a
spendthrift through excessive drinking of intoxicating
liquors; that for some years last past he has been and
still is in the habit of drinking intoxicating liquors
to such an extent that he has become and now is an
habitual drunkard; and through his excessive drinking of
intoxicating liquors he has so spent, wasted and
lessened his estate as to expose himself and his family
to the danger of want and suffering (and the County of
Kalamazoo in which County he
resides) to charge or expense for the support of himself
and his family; and himself and his family are not
Page 346
through his
said excessive drinking of intoxicating liquor __ danger
of want and suffering;
that by reason of his desperate habits and by his
almost daily excessive drinking of intoxicating liquors,
the said Frank Kinney is now _____ incompetent to have
the care, charge and management of his property; that
during the past year the said Frank Kinney has disposed
of the larger part of his personal property, the most of
it at much less in price than it was reasonably worth,
and at a great sacrifice in value, and a great part of
the avails of the said property so disposed of he has
spent for intoxicating liquors, which he has drank; that
he has also threatened, and has frequently during the
past days threatened to dispose of the rest of his
personal property, and he has endeavored so to do, and
has stated that he would dispose of said property at any
price that he could obtain for same, and if he is able
to sell it, he will as petitioner believes, spend and
squander the whole of the avails thereof for
intoxicating liquor.
And your petitioner fears that unless a Guardian
of the person and estate of Frank Kinney is appointed by
the court that the said Frank Kinney, will continue to
spend waste and lessen his estate to such an extent as
to expose himself and his family, including your
petitioner, his wife to the danger of ___ and suffering,
and the County of Kalamazoo to charge and expense for
the support of said Frank Kinney, and his said family,
and that his property will be entirely lost to himself
and family.
Your petitioner further shows that the names and
residence of the nearest of kin of said Frank Kinney and
other persons interested in said estate, as your
petitioner is informed and believes are as follows:
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Age |
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Phoebe Kinney |
Wife |
Prairie Ronde Township |
43* |
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Clay Kinney |
Son |
" |
20 |
|
Elmer Kinney |
Son |
" |
18 |
|
Hale Kinney |
Son |
" |
16 |
|
Vern Kinney |
Son |
" |
12 |
|
William Kinney |
Son |
" |
9 |
|
Jesse Kinney |
Son |
" |
3 |
|
Caroline Kinney |
Mother |
" |
70* |
* Asterisks indicates that the age was determined from the 1900 US Census.
Your petitioner therefore prays that a day to find for
hearing this petition, and that notice of said hearing
be personally served upon said Frank Kinney not less
than fourteen days before said day of hearing requiring
him to appear and show cause of any there be why a
Guardian should not be appointed as aforesaid, and that
Charles Clark of Prairie Ronde Kalamazoo County Mich.
may be appointed Guardian of the person and estate of
said Frank Kinney according to the provision of the
statute in such case made and provided.
Phebe Kinney
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