Buchholz Legal Proceedings

One last post on the Buchholz family before I move onto other subjects. First is a civil case brought against my 3rd great grandfather Albert Buchholz as printed in the newspaper.


If you recall from a previous post. Albert was getting tired of farming and preparing to sell the farm and move into town around this time which is what sparked this case. I didn't find any results to the case in the newspaper archives but they are very hard to search for a couple reasons. One, there were about a thousand Buchholz extended family members living in the area so there are thousands of hits with almost every search. Two, it is hard to narrow down a search for specific information on Frederick Albert Ludwig Buchholz who also went by Friedrich, Fritz, Albert, A.F., etc. at various points in his life. Probably the only way I will know is to go to the county courthouse and try to track down the case somehow and see if records still exist.


Albert died first leaving wife Amanda behind who wrote a will, a rarity at the time. Above is the notice put in the paper as it was going to probate court. Below is an article of why her will was unusual at the time.


 August F. Buchholz was the brother of my ancestor Albert Buchholz and had lived with the family throughout much of their lives in America. He was often listed as a workhand for the various farms they lived on and from the family history book, doted on his nieces and nephews. Still, I imagine it was not standard for him to be left a life estate, spelled out specifically in Amanda's will, as long as he continued to manage it. The will doesn't spell out how big her estate was and how much of the "rest" of the estate the five living children divided up after August got his portion but I'm guessing it wasn't a lot. According to the family history book, August did indeed maintain the life estate until his death when it was at last divided among the five children of Albert and Amanda Thomas Buchholz.

Comments

  1. I’ve never understood Law and how Wills can extend into the future and how it can be determined what will happen when August dies in this case. I know that it obviously can, but it still surprises me. I guess the fact that he never got title to the property. But I see this often in my British mysteries and wonder how it can work. I am not being very clear, am I? It may be time for coffee.

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    1. Well in modern times, the title to the property August received would probably be retitled to something along the lines of the "5 Children of Amanda Buchholz Trust" which would ensure that they would inherit it upon August's death. But I'm not sure how things were done over a hundred years ago when this occurred.

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  2. Now I am curious about the outcome of the case.

    Interesting and (rather thoughtful) bequest, as I would guess that August did not have the wherewithal to restart on his own. This was a good method of providing for him (and making sure it was done) and ensuring the estate was kept up for the heirs.

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    1. August never married and always just stayed close to family so he pretty much dedicated his life to their cause and thus his reward seems just. That was pretty common back in those days but pretty rare now.

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  3. I was a bit taken aback to read that the estate went to August first, but after thinking about it, it was a good way to insure that the estate was there for her children. I think it is interesting that her will was so unusual that it was written up for the newspaper. How things have changed!

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    1. It may not have been all the real estate though. The farm lands may have been part of the estate that was divided up to her children and August just got the house in town that they moved into after Albert died.

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  4. Always helps to spell things out and leave nothing to assumption (of the law or otherwise). And speaking of spelling out... I'm sure all the variations on names do cause problems when researching.

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    1. It always seems those with easy to research names always live somewhere where no period newspapers have been digitized.

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  5. I think this was quite common, especially if none of the children was able or willing to maintain the property.

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    1. It may have been though the first time I have run into it.

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  6. August sounds like a good man.

    btw, is this on your mother's or father's side of the family?

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  7. It is fascinating to read all of this, Ed, and get reminded how different life was back then. As always, thanks for sharing.

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