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  1. #1
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    CA - Rose Cole, 16, Oakland, 1972 - #2

    If you are new to the Rose Cole threads, welcome aboard!! You may want to review the 1st thread to familiarize yourself with the case and parties involved.




    Posted by IsabelaPR:
    Hi!!!

    I am heading to MICHIGAN, be back Friday night (the latest). Will not have access to e-mails or Forum while there . . . Have a great Fourth of JULY!

    I want to concentrate on 3 major things:
    1. Library (Jesse Joseph Obituary)
    2. Police Department (any records, try to open a missing person case)
    3. Jesse Joseph's Will/letter notifications to kids
    I was searching the Genessee County courts to see if there was any info about Rose anywhere. I didn't find anything on Rose but I forwarded some case info I found regarding Rose's father's will to her SIL.

    It seems Rose's uncle, the executor, was required to send notification letters to the children regarding their dad's will. It is not clear from the info online what kids or addresses he sent notices to. It is doubtful there is an address for Rose but it wil be interesting to find out what status her uncle lists for her whereabouts.

    It is a probability that he didn't follow proper procedures intentionally so more money would go in his own pocket.
    I didn't delve too deeply as wills, etc are very personal matters and thought if the family wanted to post more they would.

    Hopefully IsabelaPR will come home with some encouraging news.
    Last edited by itsreenw; 07-03-2006 at 03:28 AM.

  2. #2
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    Bump...

    “Once you eliminate the impossible, whatever remains, no matter how improbable, must be the truth.” Sir Arthur Conan Doyle, Sr.

  3. #3
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    Is anyone familiar with will/probate terminology? It looks like Rose's uncle, Joseph Borich, executed the will in 1991 then in 1995 there was some sort of new discovery so the estate was reopened. I am curious to see if Rose is listed as one of the benificiaries. Jesse Joseph's brother may have knowledge of what happened to Rose. There is also something about the publication date. Hollow, can you look for the publication to see exactly what it says? The Flint Journal is the local newspaper. Here's what I found on Jesse Joseph Cole's court docs-#23-25 are logged out of orderon the website for some reason & the format appears a little different on the site but all the info is here:

    CASE# 91134787JUDGE 18268DATE 5/20/1991NAME COLE,JESSE,JOSEPH OPTIONAL DATE 4/29/1991STATUS CCLOSED 5/20/1996ATTNY 11186 BREWERMICRO R-2253
    NUM DESC QUALIFICATION DUE DATE PARTY ACTIVITY COURT ACTIVITY
    SURETY AOT 5/20/1991 5/20/1991 CIP 3/05/1992 CIC 3/05/1992

    1 IPT
    JOSEPH BORICH ATTORNEY: BREWER
    6511 MAPLEBROOK BLDG 16
    FLINT MI 48507

    2 IPT AOT 10/11/1995 10/11/1995 CIP 4/18/1996 CIC 5/20/1996
    BORICH,JOSEPH, ATTORNEY: BREWER

    39155 DOVETREE DRIVE
    MURRIETA CA 92563
    -------------------------------------------------------------------------------NUM CODE F/DATE SEQ H/DATE TIME MICROFILM# ATTNY DISP DATE JUDGE
    1 LWT 5/20/1991 9011893 11186 18268 LAST WILL & TESTAMENT
    2 COP 5/20/1991 9011896 11186 18268 PETITION FOR COMMENCEMENT OF PROCEEDINGS
    3 TES 5/20/1991 9011898 11186 18268

    TESTIMONY OF INTEREST PARTY 4 TSS 5/20/1991 9011900 11186

    TESTIMONY SUPPLEMENTAL 5 RIO 5/20/1991 9011902 11186 18268
    **I WISH WE COULD SEE WHAT HIS TESTIMONY SAID***


    6 AOT 5/20/1991 9011903 11186 18268

    REGISTERS ORDER/STATEMENTTESTATE
    IPT ACCEPTANCE OF TRUST

    7 LET 5/20/1991 .9011904 11186 18268

    LETTERS OF AUTHORITY

    8 CNI 5/20/1991 . 9011905 11186 18268

    CLAIMS NOTICE INDEP PROBATE

    9 NIP 5/20/1991 9011906 11186 18268

    NOTICE OF APPOINTMENT AND DUTIES OF PERSONAL REP

    10 AFP 5/24/1991 9022052 11186 18268

    AFFIDAVIT OF PUBLICATION

    11 PSV 5/28/1991 9030354 11186

    PROOF OF SERVICE
    12 PSV 6/05/1991 9041306 11186

    PROOF OF SERVICE
    13 PSV 11/21/1991 934 1962 111868

    PROOF OF SERVICE

    14 TAO 12/12/1991 9380786 11186 1268
    INHERITANCE TAX ORDER (MDT C-6504)

    15 RDS 1/07/1992 941 0556 11186 18268
    RECEIPT OF DISTRIBUTIVE SHARE

    16 TAR 1/07/1992 941 0557 11186 18268
    TAX RECEIPTS COUNTY

    17 CIP 1/08/1992 9411576 11186 18268I

    PT CLOSING STATEMENT

    18 RDS 1/08/1992 9411577 11186 18268
    RECEIPT OF DISTRIBUTIVE SHARE

    19 RDS 1/15/1992 943 0316 11186 18268
    RECEIPT OF DISTRIBUTIVE SHARE

    20 TAX 2/20/1992 950 0500 11186 18268
    INHERITANCE TAX RECEIPT FILED STATE

    21 CIP 3/05/1992 952 1100 11186 18268I
    PT CLOSING STATEMENT

    22 CIC 3/05/1992 952 1100 11186 18268
    IPT CERTIFICATE OF COMPLETION

    25 RIO 1/01/1995

    REGISTERS ORDER/STATEMENT

    23 PET 10/11/1995 11186 18268
    PETITION TO RE-OPEN ESTATEAND ADD NEWLY DISCOVERED ASSET

    24 ORD 10/11/1995 1225 1236 11186 18268
    ORDER RE-OPENING ESTATE

    26 AOT 10/11/1995 1225 1237 11186 18268
    IPT ACCEPTANCE OF TRUST

    27 LET 10/11/1995 1225 1239 11186 18268
    LETTERS OF AUTHORITY

    28 NFA 10/11/1995 1225 1240 11186 18268
    NOTICE REGARDING ATTORNEY FEES

    29 INV 10/11/1995 1225 1241 11186 18268
    IPT INVENTORY FILED

    30 TAO 2/27/1996 1256 0222 11186 18268
    INHERITANCE TAX ORDER (MDT C-6504)SUPPLEMENTAL

    31 TAX 4/08/1996 1265 1626 11186 18268
    INHERITANCE TAX RECEIPT FILED STATE

    32 CIP 4/18/1996 1268 0354 11186 18268I
    PT CLOSING STATEMENT

    33 CIC 5/20/1996 1274 0788 11186 18268
    IPT CERTIFICATE OF COMPLETION

  4. #4
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    Itsreen, since Isabella is married to one of the children that should have been sent a letter, can't her husband ask for a copy of the information from the Lawyer (info is listed on the docs, right?)?

    Also,
    here is the link to the first Rose Cole thread: http://www.websleuths.com/forums/showthread.php?t=37727
    Last edited by hoping4truth; 07-06-2006 at 06:28 PM. Reason: add link
    Never give up...

  5. #5
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    Ok...here, sorry itsreen, didn't even see a new thread started, 'bout time! Thanks.

  6. #6
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    Quote Originally Posted by hoping4truth
    Itsreen, since Isabella is married to one of the children that should have been sent a letter, can't her husband ask for a copy of the information from the Lawyer (info is listed on the docs, right?)?

    Also,
    here is the link to the first Rose Cole thread: http://www.websleuths.com/forums/showthread.php?t=37727
    (THIS INFO IS FROM PERSONAL EXPERIENCE ONLY FROM MY DIVORCE PROCEEDINGS IN CA!!! THIS IS NOT ABOUT THE WILL ITSELF, ONLY THE MATTER OF SERVICE OF COURT DOCUMENTS IN MY CASE)

    I don't really know the laws on this but I would assume he had to attempt to notify all interested parties by mail if addresses were known, if not then a public notice may have been sufficient as proof of attempted service. Now again, I have no experience in probate/estate law or any other kind of law for that matter but I just went through a hell of a divorce and because my ex wouldn't accept the papers from the server, I had to serve him via public notice in a local newspaper.

    Regarding Jesse Joseph's will, I saw an entry of a publication date so it's possible that's the route he took, knowing the children were no longer in the Flint area and would not see the notice in a Flint newspaper. From what I have been told, executors of wills often give $1 to the interested parties so they have proof that all parties were included in the will and SOMETHING was left to them

    What I want to see is who he had listed as interested parties and if Rose was included in the will as a surviving child.

    To answer the question you asked, if the lawyer isn't willing to give a copy, they can certainly request a copy from the court. Isabella emailed me after I sent this to her and she said she was going to check on the will while she is there.

    The uncle sounds like a real winner-stealing money from his nieces and nephews. I noticed Joseph has a CA address too. I wonder if he lived in CA in the 70s and if Rose would've contacted him.

  7. #7
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    Well, I posted the court document itreenw to find out if someone could decode it for us, on the probate/will forum at freelegaladvice.com...here was my response...no help, I don't believe :


    The affidavit of publication is simply a form that announces that notification about the estate has been published in a major local daily newspaper or legal newspaper in the Flint, Michigan area so that creditors can file a claim if necessary with the estate.

    All you need to do to get information about this estate is to visit the Genesee County Probate Court in Flint, Michigan and look at the probate file, which will contain information about how the estate was handled, the original will and names and addresses of any beneficiaries. Then your curiosity will be satisfied!!

    If you live too far away from the courthouse, perhaps in another state, call or write the courthouse to ask for copies from the probate file to be mailed to you.

    DANDY DON IN OKLAHOMA


  8. #8
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    From Flint, MI - Will

    I went to the courthouse and found the document. Notifications were sent to the available addresses and confirmation was received from 3 of the 4 kids:
    Norma (Received letter)
    Billy (Received letter)
    Pose (letter returned unable to locate Pose)
    Brenda (Received letter)

    Unknown Addresses:
    Jesse
    Rose

    A few months later, they found Jesse's address and notification and confirmation were recorded in file.

    Nothing was sent or received to or from Rose.

    In 1996, J Borich re-opened the case to claim money Jesse Joseph had been awarded from a lawsuit he made to a former employer.

    None of the kids were notified on this matter.

    That's all this document is it doesn't get us any closer to Rose.

    I made copies of a couple of pages. They only had one microfilm machine and it was not working properly.
    YFC_IsabelaPR

  9. #9
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    Among other things, I think I hate that J Borich character. What a slimeball.

    I also notice that Jesse's 3rd wife wasn't notified. Were they divorced? Why didn't she get any of Jesse's estate? Why wasn't she notified?

  10. #10
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    Police Station/Records

    Today, I went back to the police station. I feel like a failure! I spoke with Sgt. Younger who wants nothing to do with this case. He was very rude and suggested I sue the city for loosing Rose. He sent me to the courthouse to locate the records. I knew the records are no longer available but went there anyway.

    The people there tried to help me but despite their efforts no records to be found. I did learned that the city of Flint paid the Synanon bill. She said that the Synanon was supposed to report back to Flint every 90 days with a status report on Rose. Since there are no records we don’t know for sure what information was given to the courts. We don’t know if they ever reporter her missing.

    I also learned that in Flint, MI you are considered an adult at 16 (maybe 17 my emotions were running the show at this point, can‘t remember if she said 16 or 17), therefore the record will have been “sponged” (destroyed). This might be the reason for the 1974 document to dismissed the charges, she was 18 by then. . .

    I went back to Younger and told him what I learned. He had told me Rose didn’t qualify under the missing person’s criteria. I asked him many times what this “criteria” was but I didn’t get clarification. But when I came back and explained the records not been available, he felt I should file the report in California. I asked what was the difference, why will Rose qualify in CA but not in Flint? He said he couldn’t understand why was I expecting to get any help from Flint. I asked him if he had children, and told him I had one, and if Flint police department came and took my child away I would expect them to keep him safe. I also said, that I felt they lost her and the least they could do was to help me found her.

    So his attitude dropped and he asked if I was expecting for him to go against procedures and he proceeded to call Detective Crawford who is supposed to call me sometime next week.

    He also suggested I went to the press, and told me how to get to the news station. I went there, talk to a reporter and she explained that the only way she would show Rose’s picture is if there is a Flint Missing person report. She kept Rose’s picture and gave me her contact information in case Crawford has a heart and helps us out.

    So, I got nothing. . .We are leaving Flint in a couple of hours. . .
    YFC_IsabelaPR


  11. #11
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    Quote Originally Posted by HeartofTexas
    Among other things, I think I hate that J Borich character. What a slimeball.

    I also notice that Jesse's 3rd wife wasn't notified. Were they divorced? Why didn't she get any of Jesse's estate? Why wasn't she notified?
    They were divorced prior to his death. . .Isabela
    YFC_IsabelaPR

  12. #12
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    You didn't fail, Isabella.
    Failing would have been walking past the police station, and never even trying!
    I admire you so much for what you do! I sit at my computer and do research, but you're out there stirring the pot!
    You're doing a great thing for Rose! I know you know that, but I wanted to remind you what I see every time I check this thread: Strength and dedication!

    Keep it up!
    Never give up...

  13. #13
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    I want to second what Hoping said, Isabela. You went there with a mission and you went after it with a vengeance. It's not your fault that few people want anything to do with it. They're probably afraid they ultimately will have some kind of liability for "losing Rose", so don't want to allow the case to re-surface. But you've tried and you've looked them in the eye and you've marched from the police station, to the Courthouse, to news station, etc.

    Don't forget, too, that you have learned a few things... that Rose's name was listed in the obituary, that Flint paid the Synanon bill, etc. So we do know more than before you went there. I admire you so much, and I'm proud of you for trying so hard to locate Rose. Have a safe trip home.

  14. #14
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    Isabela,

    Do not feel like you failed. You opened the door and got people's attention. People there now know about Rose and something could come out of that. I found contact information for Governor Jennifer M. Granholm. Here it is:


    Governor Jennifer M. Granholm

    P.O. Box 30013
    Lansing, Michigan 48909



    PHONE: (517) 373-3400
    PHONE: (517) 335-7858 - Constituent Services
    FAX:(517) 335-6863


    State Agency Support - The Governor is committed to assisting anyone who has encountered difficulty reaching a resolution with a state governed agency, or anyone who is unsure of whom to contact to address a particular concern. If you are having a problem that you would like assistance with, please use this form.


    I think that it would be a good idea to send in that form. Explain to the Governor that you went to Flint, MI and feel that you got the runaround while trying to get Rose listed as a missing person. Stress the fact that Rose was a juvenile sent there by the judicial system. Ask for her assistance. I think that it is time for you to go up the ladder.
    Retired 08/03/03

  15. #15
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    Quote Originally Posted by Shadow205
    Isabela,
    The Governor is committed to assisting anyone who has encountered difficulty reaching a resolution with a state governed agency,[/b] or anyone who is unsure of whom to contact to address a particular concern. If you are having a problem that you would like assistance with, please use this form.[/size][/font]

    [/indent]
    Thank you guys! To all of you!!! ~~~ GRACIAS!

    I completed the form to the governor and sent her the pictures and letters link along with the forum link. Hopefully we get a reply. . .
    YFC_IsabelaPR

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