Conrad Martin, the Musician...


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Conrad was a violinist.  I had no idea that he played the violin until I stumbled across the following paragraph from one of his neighbor’s (Pharis Walter Glick) biography in the book Capital City Saga, by Adeline S. Gnirk (p. 251).

“Neighborhood house dances were very popular and Martin Klein, a homesteader north of Burke, played the violin and was accompanied by Marvin Glick on the guitar.  Marvin also played the violin.  Neighbors traveled in horse-drawn bobsleds during the winter to the dances and picked up other neighbors en route.  The congoleum rug in the parlor was rolled up and placed behind the house.  The dancers danced until midnight, when the hat was passed for a collection to pay the musicians after which lunch, furnished by those attending, was served.  One bedroom was usually full of babies and the other full of wraps and coats.  When the fun was over everyone went home.”









Another quote from the same book, the biography of another friend, Francis Schmitz:

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Conrad's violin and case
“In the early days, the only entertainment was visiting neighbors, playing cards or dancing in the claim shantys on Saturday nights to music provided by local fiddlers, but he spoke of those times with pleasure, and I am sure everyone had a good time.  Neighbors were appreciated and enjoyed.  His close neighbors were Joe Cerny, Charles Umberger, Ed Pete, and Conrad Klein.”



My father then questioned my great aunt (Maxine (Mann) Klein) and she informed us that she remembers going to the neighborhood dances.  She also told us that her son Dale still had Conrad Martin Jr’s. violin and a picture of him with a violin in Chicago (above - pre-1900).

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My Great-Aunt Maxine Klein
Wife of Conrad Dominick Klein
Son of Conrad Martin Jr.

Conrad and Maggie...


Conrad Martin Klein Jr. Dies

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Conrad Jr. died on July 3, 1939 in Herrick, South Dakota at the age of 72.

His obituary reads as follows:

C. M. KLEIN DROPS DEAD IN HERRICK STORE MONDAY

Homesteaded Present Farm Home 2 Miles Northeast Of Here – Well Known

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C. M. Klein, well-known farmer living 2 miles northeast of Burke, dropped dead Monday in Zorba’s store at Herrick.  Mr. Klein had been in failing health for several months and spent part of last summer in the hospital receiving treatment.
Mr. Klein came to Gregory County in 1904 and drew a homestead where he hade his home for the past thirty-five years.  He has long been a familiar person in Burke and has made many friends and acquaintances during his regular visits to town each week.
Needless to say Mr. Klein’s death came as a great shock to friends and relatives, bringing many expressions of sympathy to the bereaved family.  He was the kind of man who forced a living from the soil even in difficult times and was never given to depend on anyone else for his livelihood.  He was a highly respected husband and father in his family and proved himself a successful man in his occupation.
Conrad Martin Klein was born in Illinois on December 7, 1866 and passed away at Herrick, S. D. on July 3, 1939 at the age of 72 years, 6 months, and 25 days.  He spent the early part of his life in his home state later moving to Iowa and to Chicago.  On February 14, 1900 he was united in marriage with Margaret Roller and to this union were born nine, children, the four oldest preceeding him in death.  In 1904 he homesteaded a farm 2 miles northeast of Burke where he has lived ever since.
He is survived by his wife, four sons and one daughter, Raymond of Burke, Mrs. Herman Raschke of Colome, Ambrose of Colome, Victor and Conrad of Burke, and four grandchildren, Margaret, James and Robert Klein and Vernon Raschke all of Colome.  Other relatives surviving him include three sisters, Mrs. Susan Walgenbach of Hosper, Iowa, Mrs. Katherine Heightsmen of Illinois and Mrs. Martha Buddy of Chicago, Ill.
Funeral services were held this (Thursday) morning at 10 o’clock from Sacred Heart Church with Rev. W. J. Connaughton in chage.  Burial was made in the Catholic cemetery south of Burke.”





Zorba's 1st Elevator
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Downtown Herrick South Dakota
Date Unknown



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Margaret "Maggie" Ann (Roller) Klein dies.

Margaret (Maggie) Klein died on March 14, 1947 at the age of 68.

Her obituary reads as follows:

Mrs. Maggie Klein Laid To Rest

Passed Away Last Friday At Gregory Hospital – Came To Homestead North Of Burke in 1904

Requiem High Mass was celebrated at 10 o’clock Wednesday morning, March 19th, from the Sacred Heart Church in Burke for Mrs. Maggie Klein, pioneer mother of Gregory Count, who passed away at the Mother of Grace Hospital in Gregory March 14th.  Rev. Father W. J. Connaughton officiated at the service and internment was made in the Catholic cemetery near Burke beside the grave of her beloved husband.
Choir members consisted of Mrs. Frank Schmitz, Mrs. Delbert Drey and Victor Klas.  Pallbearers were E. M. McMullen, Jess Hall, Joe Cerny Sr., Joe Kirsch, Frank Schmitz and Ed Pete.
Margaret Roller Klein was born at Belgium, Wisconsin in 1878 and passed away after several months of failing health at the age of 68 years, 7 months and 24 days.  She spent her early life in Wisconsin later living in Chicago, Ill. And on February 14, 1900 she was united in marriage to Conrad Martin Klein and to this union nine children were born, the four eldest preceeding her in death.  In the year of 1904, the family came to Gregory County settling on a homestead 2 miles northeast of Burke which has be her home since that time.  Mr. Klein passed away July 3rd, 1939 but his wife continued to maintain the home there with her sons, Raymond and Conrad, and the latter’s family.
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Mrs. Klein was a devoted wife and mother and the place left vacant in her passing will be deeply and sincerely mourned by all who knew and loved her.
She is survived by four sons, Raymond, Victor and Conrad, all of Burke, and Ambrose of Gregory, and one daughter, Mrs. Herman (Rose) Raschke, of Winner, besides nine grandchildren.  Two brothers and two sisters living in Wisconsin also are left to mourn her departure.  All of the children were present at the funeral services.”

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Maggie's passing was also posted in the Sheboygan Press (Sheboygan, Wisconsin) on March 19, 1947.  The article got some of the facts wrongs, but reads:

Former Belgium Resident Dies

   Port Washington - Funeral services for Mrs. Margaret C. Klein, 68, a former resident of Belgium, were held this morning at Burke, S.D. with burial there.
   Mrs. Klein, nee Roller, was born in Belgium in July, 1878, and lived in that community until her marriage to Martin C. Klein at Chicago.  The couple moved to South Dakota where she died last Friday.
   Survivors include four sons, one daughter and the following brothers and sisters:  Mrs. William Thome and Mrs. Mike Burton of Port Washington, John Roller of Milwaukee and Nic. Roller of Port Washington."







Below is a Roller family photo I found on ancestry.com.


Front, L to R: Susan, Peter, John, and Rosa
Middle, L to R: Jacob, Catherine
Back, L to R: Margaret Ann (Maggie), Angeline, Nicholas, Anna, and Elizabeth
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My Great-Grandmother is furthest left in the back row.

Conrad, Maggie, Raymond, and Victor are all buried at Sacred Heart Cemetery just south of Burke, South Dakota.

Together Conrad and Maggie had nine children.  The first four died before settling in South Dakota.  Raymond Francis, Rosie, Ambrose Fred (my Grandfather), Victor Martin, and Conrad Dominic.

Seated L to R: Conrad M, Conrad D., Maggie.
Standing L to R: Victor, Ambrose, Raymond, Rosie
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The Klein Children
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Raymond Francis Klein

Raymond was born in 1906 and never married.  Raymond lived in Burke (near the homestead).  Raymond Francis died September 6, 1966.

Rosie Klein

Rosie was born September 1, 1908 went on to marry Herman Raschke and had two sons Donald and Vernon.  Rosie died June 15, 1966 in Winner South Dakota.

Ambrose Fred Klein – My Grandfather

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Ambrose was born June 20, 1911 and married Gladys Eva Bowers Aught 18, 1934.  

Gladys was born February 23, 1913.  They had six children:  Margaret Rose (Kapp) Klein, James Conrad, Robert Ambrose Robert, Leroy Francis (my Father), Alvin Joseph, and Kathleen M (Strum) Klein.  

Gladys died in March of 1978 and Ambrose died February 24, 1997.  They are both buried at St. Patrick’s Cemetery in Story County, Iowa.
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My Grandfather was also a musician.  I remember vividly him playing the accordion and harmonica all the time when were kids.  From what I understand, he could skillfully play just about any musical instrument he touched with no formal musical instruction.  Pictured are his accordions that my dad has.

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"Ambrose Fred Klein
June 20, 1911-Feb. 24, 1997

Ambrose Fred Klein, 85, of Nevada died Monday of heart failure at Mercy Medical Center in Des Moines.  Funeral services are 10:30 a.m. Thursday at the St. Patrick's Catholic Church in Nevada, with Rev. John Herzog officiating.  Burial will be in the St. Patrick's Cemetery.

Ambrose Fred Klein was born in Burke, S.D., the son of Conrad M. and Margaret (Roller) Klein.  Mr. Klein was a graduate of the Springfield South Dakota College.  On Aug 21, 1934, he married Gladys Bower in Burke.  Mr. Klein was a school teacher and farmer while living in South Dakota.  He was employed in the order and shipping department of the Nevada Poultry Company for 35 years.  He retired in 1977.  Mr. Klein was a member of the St. Patrick's Catholic Church.  He enjoyed playing the accordion at the Rolling Green Village and Story County Long Term Care.

Mr. Klein is survived by four sons, James C. Klein and Alvin J. Klein, both of Nevada, Robert A. Klein of Roland and Leroy F. Klein of Des Moines; two daughters, Margaret R. Kapp of Sterling, Ill. and Kathleen M. Strum of Nevada; 25 grandchildren; and numerous great-grandchildren.

He was preceded in death by his wife, four grandchildren, two great-grandchildren, one sister, and seven brothers.

Visitation is Wednesday with the family present from 6:30 to 8:30 p.m. at the Chet Ryan Mortuary in Nevada.

A memorial fund has been established."

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Victor Martin Klein

Victor Martin was born April 12, 1913 and went on to marry Blanche (Henrecy) Dawson.  Together they had three children: Sandra Klein, Albert Dawson, and Darus Dawson.  Victor died October 17, 1984.



Victor went on to serve in WWII.  His obituary reads as follows:

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Victor M Klein

Funeral sevices for Victor M Klein, 71, were held on Monday, Oct. 22, at the Immaculate Conception Catholic Church, Winner, with Rev. Joseph Zeller officiating.
Burial was in the Sacred Heart Cemetery, Burke, with the Burke American Legion performing full military rites.
Pallbearers were Harold Sell, Joe Engelmeyer, Everett Hageman, John brinkman, Earl Bordeaux, Sr. and Frank Soles.
Klein was born on April 12, 1913, to Martin and Margaret Klein at Gregory and died Oct. 17 at the VA Hospital at Hot Springs.
On April 1, 1942, he entered the United State Army serving 19 months in England and France during World War II.  While in the service he earned the Good Conduct Medal, the Purple Heart, Bronze Arrow Head Medal, American Theatre Service Ribbon, European, African, Middle Eastern Service Ribbon and the Bronze Star.  He was discharged from active duty Dec. 1, 1945.
After the war, Klein worked in the Gregory, Mellette, and Tripp County areas.
On Dec. 26, 1946, he married Blanche (Henrecy) Dawson of Gregory.  To this union on son, Virgil, who died at infancy and one daughter, Mrs. Martin (Sandra) Varilek of Winner, were born.
Klein was active in the American Legion, VFW and a member of the Catholic Church.
Survivors include his daughter; stepson, Darus Dawson of Colome and Albert Dawson of Freeport Texas; one granddaughter; one step-grandson; two brothers, Ambrose, Nevada, Iowa and Conrad, Winner; and a host of nieces and nephews.
He was preceded in death by his wife, his parents, infant son, one step-grandson, one sister, and five brothers.”

Victor’s wife and son are also both buried at Sacred Heart Catholic Cemetery in Burke South Dakota.

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Conrad Dominic Klein

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Maxine with grandchildren
Conrad was born June 3, 1917 and married Maxine Mann on December 6, 1944.  Maxine was born April 5, 1921.  Together, they had six children: Dale, David, Debbie, Janice, Joan and Susan.  Conrad died in May of 1985 in Winner, Tripp County, South Dakota.

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Conrad's obituary reads as follows:


  “Funeral services for Conrad Dominic Klein, 67, were held Monday, June 3, at Mason’s Funeral Home in Winner with Rev. Joseph Zeller officiating.  Burial was in the Winner Cemetery.
   Pallbearers were John Brinkman, Frank Soles, Bud Dewing, Bud Mann, Herman Raschke and Wilbur Newland.
   Klein was born on June 3, 1917, in a sodhouse to Maggie and Martin Klein at Burke and died May 30 at the Gregory Community Hospital.
   He grew up on his parents homestead and attended school in a one room country school house.  He helped his parents on the farm.
   In 1944 he married Maxine Mann and the couple had six children.
   He worked as a farm worker for several years and in 1964 he moved his family to Winner.  While living in Winner he worked as a veterinary helper for two years, as a janitor at Central School for seven years and a custodian for the city of Winner at the Municipal building.  While working for the city he suffered a massive stroke which left him paralyzed.
   The remainder of his life was spent in hospitals and nursing homes.
   Survivors include his wife, two sons, Dave of Pierre and Dale of Casa Grande, Ariz., four daughters, Joan, Debby and Susie, all of Winner and Jan of St. Paul, Minn., 13 grandchildren; one brother, Ambrose of Nevada, Iowa, and many nieces and nephews.
   He was preceded in death by his parents, a sister, Rose, two brothers, Raymond and Victor and four brothers who died in infancy.”


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Main Klein Headstone
Sacred Heart Cemetery
Burke, South Dakota

In Search of Senior...


In January of 2011 I purchased my first membership to ancestry.com.  It's been an interesting journey with a lot of plot twists and surprises.

The most elusive part of that search has been the "Search for Sr.".  


Christina's Obit
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Conrad Martin Klein Sr. and Christina Kauth were married in 1863 according to Christina's obituary.  Her obituary is really the only hard evidence for Senior that I've been able to find up until yesterday (05 Feb 2016).

Conrad Martin Klein Jr. was born December 7, 1866 which means his father had to have been alive approximately 9 months before that date.  

Christina, Junior's mother, remarried on October 9, 1867, almost 10 months after Junior was born, to Dominick Moes.  Conservatively, Senior had to have died sometime between March of 1866 and October of 1867.

Senior is said to have been killed in an accident in Wenona, Illinois.  Records from that time frame have been difficult to find.  Searching online, I found that a fire had destroyed a lot of La Salle and Marshall County records during that time frame that I needed.  I've also learned that La Salle County records were not reliably kept until the dates shown in the picture below.


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As a result, I've had to settle for searching any, and all, records that eluded to a Martin Klein on ancestry.com.  

Part of the difficulty is the difference in names.  I've looked through a lot of census records and the person taking the census usually spelled the name however they saw fit.  Not only are surnames an issue, but also his first and middle names.  

For example, below are all the different ways I've seen to spell "Klein": cline, clyne, kleen, kline, kliner, etc.  Not only that, but some of our relatives went with the literal English translation of "Klein" and used the surname "Little".  I wouldn't be surprised at all if we were somehow related to the famous impressionist Rich Little.  He is likely a Klein... or, we're Little's [?].

Martin could be found by:  martin, matthias, matthew, martinus, conrad, conradus, or just initials [C & CM].

Moes has been spelled: moos, mous, moost, moes, etc.

Kauth has been spelled: kowth, kanth, kauth, etc.

And then there are the illegible, sloppy handwriting, census takers - if they could spell it correctly, you wouldn't know because you can't read their handwriting!  

The next problem is the condition of the documents.  Some of them are in pretty bad shape before anyone has attempted to scan them.  Some of the scans are made from copies that must've been made on the first Xerox machine because the quality is a complete disaster.

All of that to say - this has not been an easy process... I had to resort to finding any and all Klein's that might fit the bill and then research that individual's family tree.  I have at least 10 different family trees started on ancestry.com Usually, only to end up at another dead end.

One of those trees I started months ago came from another family's website.  (click HERE) where I found this:


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If you click on the image to the left you'll find a Pierre Klein married to Marguerite Bernard and eight children.  One of those children is a Martin Klein, born 13 Nov 1838, in Fouches, Belgium, Luxembourg.  1838 certainly puts him at about the right "marrying" age for an 1863 wedding.

The information above comes from what I consider a pretty reliable source.  The Gosche family was one of the first Luxembourg families to settle in Wisconsin.  The Gosche's also sold property to Klein's and were more than just acquaintances.  Jean Nicholas Klein married Margaretha Mootz as his second wife (following Maria Arendt) and Nicholas Gosche is recorded as a witness to this marriage.  A descendant of the Gosche family lived in Wisconsin all 90+ years of his life and had access to all of the records in the area.  He was an avid genealogist and his forefathers personally knew, what I am leaning towards believing, my own forefathers... those forefathers include Jean Nicholas Klein, Amandus Klein, Peter Klein, and of course - Peter's son Martin.

Long story short, months ago, I took this information and built a family tree on ancestry.com hoping that some clues might show up.  Unfortunately, nothing came up for Martin.  There were plenty of clues for his siblings John, Dominic, and Elizabeth but very little to go on for the remaining siblings.

One thing I did find was that this family had came over from Luxembourg landing at the port of New York in June of 1857.  Unfortunately, ten years later Senior would be dead.  That is not a very big window to find him listed on any federal and/or state documentation.

Christina Kauth, Senior's future bride, was living in Belgium, Ozaukee County, Wisconsin in 1860.  If the Martin Klein above was our Martin, some time between 1857 and 1863 she would meet and agree to marry Senior and then move off to Illinois.


1860 Census
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The clipping to the left is from the 1860 census showing Christina living with her parents (Peter and Anna Kauth) and her two brothers, Valentine and Heinrich (Henry).

There were some Klein's listed on this same census but not the Klein's we're interested in (at the moment!).

I was beginning to get a little frustrated so I turned my attention to the Kauth family.  Doing so led me to a picture of one page of a census taken in 1865.  Below is a clip from the page I ran into.


1865 Census
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To the left you'll see Peter and Ann Kauth residing with 2 males and 1 female in the household.  Below that, next door to them was Valentine and Mary Kauth with 1 male and 1 female at the household.

In 1865 Christina would have been married almost two years and was off to Illinois where Junior was born.  Peter and Anna had only Christina's younger brother Henry living with them as he was only 9-10 years old.  Valentine, her older brother was living with his new wife Mary next door to their parents.

All of the above is nice, but I was shocked to see a census from 1865 as I'd searched for one on ancestry.com for a long time!  Nothing ever turned up on ancestry.com for the town of Belgium in 1865.  This led me to Google where sure enough - I was able to dig up the entire census (11 pages) from 1865 after an hour of digging.

What I found was the key I needed!  A few doors down from the Kauth's lived a Peter and Margaret Klein.  Both listed as being foreign born.  Could this be the same Peter (Pierre) and Margaret (Marguerite) from the website shown above?  Not only that, but they lived next door to Peter Roller (more on that later)!


1865 Census
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Notice that they are living with only 1 male and 1 female in their household.  Dominic, their youngest child would have been 19 at this time and likely out on his own somewhere.  Perhaps even with one of his siblings somewhere.  He didn't go too far because he was married in 1870 in Belgium, Wisconsin.

This census finally placed a Klein family, that made some sense, in the same area as the Kauth family near the time when Senior and Christina were married in 1863.  Not only that, but a Klein family with a son named Martin who was about the correct age to marry.

The census also provided a snapshot of our family history.  The Klein's, Kauth's, Rollers, and Moes are all in this same neighborhood (literally neighbors) as well as family friends and future relatives like the Klos family for example. 

Eventually, I'll point out all the names that make a difference, but for now I need to try and dig up hard evidence pointing to Peter and Margaret Klein as being my Great-Great-Great Grandparents.

1860 Census
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The information that I have so far is:

Peter Klein, born 19 Apr 1805 in Luxembourg.  They arrived at the port of New York in June of 1857 and traveled to Belgium, Ozaukee County, Wisconsin by 1860.  They are shown on the 1860 census with youngest son Dominic (age 14).


Note:  Dominic Roller was listed as a sponsor to John Klein's baptism in 1861.

John Klein also had a son named Frank... could be where "Emil Frank" (son of CM Klein Jr.) came from?  John also lived in South Dakota for a while.  

Also, it should be noted... guess who they were living next door to in 1860?  

Answer:  Maggie Roller's grandparents Peter and Elizabeth Roller.

I think they may have went to Wisconsin to settle with family.  My best guess at this point is they were somehow related to Jean (John) Nicholas Klein and his family who had settled in the area in the 1840's.

There are also a couple of other Klein family members on this census and living very close to the Kauths.  One is Amandus and Mary Klein living 6 doors down from the Kauths and about the same from Peter and Margaret Klein.  Amandus and John Nicholas must be related somehow as Amandus is the god-father of one of John Nicholas' children.

There's also an older lady by the name of Josephine Klein living in the area.

I need to finish piecing this all together but this could certainly answer a lot of questions.  It could be the reason that Junior met Maggie Roller.  Her relatives lived next door to Peter and Margaret Klein.  Junior, having family in the area (Klein's and Kauth's) may have traveled from Chicago, where he was now working, to visit family and that's how he met Maggie!

There are Moes listed in the area.  When we spoke with the Walgenbach's, they said that Dominic was traveling to Illinois to "see his friend Martin Klein".  It's possible they were friends because they all lived in the Belgium area.  They also could've been friends from enlistment in the Civil War (Illinois enlistment) or even from being friends in Luxembourg.  

Hopefully, this is going to open some doors for me.  I've finally got something to go on and will post up my findings as I go along.

For future reference, below is a map from Belgium, WI 1892.  Notice the proximity of the Klein family to the Roller family.


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Legal Battle over Estate of Dominic Moes


Newspaper clipping from The Alton Democrat, September 9, 1916:


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"One of the most interesting cases will be that of Elizabeth Baadte, Martha Jennings, Mary Enders, Kate Heitzman and others against Susanna and William Walgenbach, a contest between sisters over the estate left by Dominick Moes who died December 13, 1914.  A paper was found purporting to be his last will and testament but it was defectively drawin and the court refused to admit it to probate and record, and administrator, Frank A. Baadte was appointed.  He commenced suit against Susanna and Wm. Walgenbach asking for the return of $2666.25 claimed to have been given the Walgenbachs and which belonged to the estate, and for rent for the farm for several years, and other items.  The Walgenbachs admit receiving about that amount from Moes, but claim it was given them to be distributed according to his instructions and that they have made equal distribution of it as directed.  In another action four of the surviving daughters, named above, ask that the deed given by Dominick Moes to Susanna Walgenbach on April 24, 1914, covering the old Moes farm two miles east of Hospers, be set aside on the ground that Moes at that time was of unsound mind, totally blind, and incapable of understanding the nature of his act and was unduly influenced by the Walgenbachs.  Their reply is that he was of sound mind, comprehended what he was doing and that the consideration they agreed to pay of $23,840.00 was all that the farm was worth at that time.

The court has consolidated both of the cases, and it will come on for trial Monday, September 18th.  Van Oosterhout & Kolyn, Geo. T. Hatley and A. T. Paske represent the plaintiffs, and T. E. Diamond and Klay & Klay appear for the defendants."
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Newspaper clipping from The Alton Democrat, September 23, 1916:

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"Dominick Moos died at Hospers, December 9 1914 at the ****** daughter Mrs. Susan Walgenbach.  Some of the heirs to his large estate are contesting his will and a previous disposition of a considerable portion of the estate on the ground that Mr. Moes at the time of his death was 83 years old, blind and childish.  The case has occupied the attention of Judge Holes all the forepart of the week until Wednesday night the court room being crowded with witnesses and interested spectators.  A formidable array of legal talent sat at the big tables inside the bar, G. T. Hatley, A. Te Paske and Van Oosterhout & Kolyn representing the plaintiff; T. E. Diamond and Klay & Klay the defense.  The case was tried without a jury and has been taken under advisement, the attorneys to submit written briefs.   Plaintiffs are Elizabeth Baadte, Frank A. Baadte, Martha Jennings, Walter E. Jennings, Mary Enders, Jos. Enders, Kate Heitzman and John Heitzman.  Defendants are Susan Walgenbach, Wm. Walgenbach, Lizzie Gaasman, Nicholas Gaasman, Bertha Bolling, Thos. Bolling, Peter Theis, sr., and Apolena, Jos., Frank, Lydia, Edward, Matilda, Ferdinand and Peter Theis.

The testimony shows that Dominick Moes, since the death of his wife 13 years ago lived largely with his daughter, Susan Walgenbach, and for the last few years his son-in-law, Wm. Walgenbach, transacted most of his business.  In 1912 he sold 160 acres to his son-in-law John Heitzman and divided the proceeds among his children.  In late 1913 his eyes began to fail and blindness resulted in the spring of 1914.  April 24, 1914 he executed a deed to 160 acres near Hospers to Wm. Walgenbach for $150 per acre to be paid in cash to his estate on year after death and a bill of sale to all of the buildings on his Hospers property to his daughters and stepson, C. M. Klein, jointly.  A lease was also given Wm. Walgenbach for the quarter section sold him for $490 per year and board for Mr. Moes.  In December of 1914 Mr. Moes died.

At that time Wm. Walgenbach held between $2,500 and $3,000 in cash belonging to the estate which he sought to divide without going through the probate court in accordance with instructions given him by the deceased.

Some $1,500 was so divided, although certain of the children declined to take the money.

The present suit is to recover for the estate all moneys so paid, to set aside the deed given to Wm. Walgenbach and the bills of sale conveying the property at Hospers.  Plaintiff claims that at the time of making the deed and the bill of sale that Mr. Moes was blind and deficient in mental vigor, the defendants disputing that claim and asserting that everything that was done was by the expressed with of the father.

Dominick Moes could not read or write and the signature to the deed in question was by "his mark" signed as witnessed by John ***** and John ***** and ***** seal being affixed by J. *****

One of ***** is the competency of ***** in regard to the disposition of property given by word of mouth."