May 8, 1940 – Handwritten list of items. Full size image.

Transcription and translation:

Lawyer
Dr. Wojciech Werynski of Mielec

To the Town Court of Mielec
------------
Case #284/40

We, the undersigned, Sara Stroh née Berger and Esther Silber née Berger, both merchants in Mielec, as heirs to our father, Israel Berger, we are objecting to Ascher Berger being the administrator of the estate after our father and therefore we ask that the Town Court immediately change its decision of May 9, 1940 Case #284/40 in our favor that the administrator of this estate should not be Ascher Berger but his son-in-law Hanine Stroh or Izak Brandman, the last completely stranger, or Leser Wolf, all from Mielec, for the following reasons:

The same Ascher Berger is too nervous man who, due to his disposition, is not suitable for this position. On May 1, 1940 he beat the same Hanine Stroh and his wife Sara Stroh and Estera Silber, and this with the participation of his lieutenants Benjamin and Leser Berger, and what is already a criminal complaint with a medical certificate from Dr. Frank, on behalf of Hanine Stroh, exports and sells everything, and money and things are shared by the above Ascher, Benjamin and Leser Berger, etc., he does not let his exiled sister Ester Silber eat and threatens them in a variety of ways, and as a result we do not have any trust, nor does Dr. Jósef Fink, President of the Judenrat in Mielec.

Mielec, May 9, 1940

[handwritten notes by Werynski – only select areas transcribed]

children: 1/ son Moses Berger, age 61, in America
          2/ daughter Esther Silber, age 58, currently in Rozwadów, formerly of Mielec           
          3/ son Benjamin Berger, age 55, in Mielec on Mały Rynek
          4/ " Lezer ", age 52, " in Rynek
          5/ " Izak ", age 50, in America
          6/ daughter Sarah Stroh, age 48, in Mielec large Rynek
          7/ daughter Ryfka Wachs, age 45, "
          8/ son Ascher Berger, age 41, on ul. Krakowska

...

address:

Isak Berger, White Front Auto Wrecking Co., Cleveland 1, Lowest Prices New and Used Auto Parts Kenmore 3773 16711 21 St. Clair Avenue, Cleveland, Ohio.

Mozes Berger "

...

[more handwritten notes]

Transcription and translation:

Sara Stroh née Berger
merchant in Mielec
-------
Rynek 6

...??. +12zł-
...admonish her on her behalf:

1 / Asher BERGER from Mielec ul. Hetmanska 397. for the return of the machine to Szycia, which he had rented to him in 1934 after the flood / which he did not want to return. At the same time, to pay her the amount of money known to him and the known part of the property remaining inheritance from their father, Israel Berger, who died about 4 weeks ago, which remained in the custody of him and his brothers Leiser Berger on ul. Hetmańska and Benjamin Berger on ul. Mały Rynek.

2/ to the above Leiser and Benjamin BERGER for the same money and for the same inheritance motions he died without a will.

registered post: demand up to 3 days

-------------------------

MORE NOTES BELOW...

1/ Moses Berger
2/ Esther Silber (wife)
3/ Benjamin Berger
4/ Leser "
5/ Izak "
6/ Sara Stroh (wife)
7/ Rifka Wachs (wife) on ul. Szeroka
8/ Asher Berger

16711 St. Clair Ave., Cleveland Ohio U.S.A.

[more handwritten notes]

Transcription and translation:

Lawyer 
Dr. Wojciech Weryński in Mielec

To the District Court in Tarnów

via

Town Court in Mielec Case #284/40

1 / Sara Stroh née Berger and 2 / Esther Silber née Berger, merchants in Mielec both by proxy of Dr. Wojciech Weryński, lawyer in Mielec.

in the inheritance case of their father Israel Berger

COMPLAINT

above on orders of the Municipal Court in Mielec of May 9, 1940 Case #284/40 appointing Ascher Berger, a merchant in Mielec, as the administrator for their father's estate.

single
1 attachment

[handwritten notes]

Your Honor!

Sara Stroh née Berger and Esther Silber née Berger, both merchants from Mielec, are challenging the decision of the Municipal Court in Mielec on May 9, 1940 Case #284/40, provided that a certain Ascher Berger merchant from Mielec was appointed the administrator of the estate of their father, Israel Berger and ask for a change or repeal of this decision in this direction that the administrator of the estate cannot be the same Ascher Berger but someone else, e.g. Hanine Stroh, Izak Brandman or Leser Wolf, all merchants in Mielec.

Substantiation.

The appealed order is not justified either in the facts or in the provisions of the Act.

Court I.inst. without entering into a critical appraisal of the application, by the order under appeal, appointed Ascher Berger, a merchant from Mielec, administrator of the estate of our father and before he heard the rest of the heirs, and especially without hearing the signed or agree to the person of that Ascher Berger.

Court I.inst. (?) also does not justify the necessary and urgent need to establish the same Ascher Berger as the administrator of the estate / §13. ??. and § 2 sections 4 and 4 pat.

It is precisely because of such too violent and sudden request of the same Ascher Berger and his supporters Benjamin and Leser Berger, acting in common agreement and above all in their own interest, that there is a very serious suspicion that this such too hasty rush is intended to primarily surprise the rest of the heirs, and especially current female contestants, and putting them in front of a fait accompli, because knowing that current female contestants would not agree to appoint Asher Berger as the administrator of this estate, they wanted by such suspicious haste to protect against the opposition and allegations of female heirs against that person Ascher Berger, who cannot be the manager of the estate.

The current women are opposed to his appointment as the administrator for reasons brought in their application to the Mielec City Court of May 9, 1940 Case #284/40, because the same Ascher Berger, due to his flaws and disposition could expose them to such too serious damages and losses, especially nowadays, that women could in no way make up for the losses. It is enough to note that in today's era of increasing prices, the same Ascher Berger, by disposing of the various goods inherited from their father, can in fact greatly reduce the value of their inheritance assets with the obvious damage of the women, and for the benefit of himself and his above supporters.

Finally, the I.inst. Court also violated the rules of procedure by failing to deliver this order to the other heirs, and especially to current female recipients, who had just accidentally found out about this decision, moreover, it was delivered to Ascher Berger today.

Thus, this complaint is entirely justified.

For the above Sarah Stroh née Berger and Esther Silber née Berger, representated by:


Lawyer
Dr. Wojciech Weryński of Mielec.

[more handwritten notes]

Transcription and translation:

Power of attorney

By means of which we, the below appointed Sara Stroh née Berger and Esther Silber née Berger, merchants from Mielec, we appoint as our representative Dr. Wojciech Weryński, lawyer in Mielec, to replace us in the inheritance proceedings pending after our father Izrael Berger before the Town Court in Mielec Case #284/40 in all instances, and in particular we authorize him to perform the actions listed in Article 91 of the Civil Procedure Code. and to bring any legal measures that prove necessary and necessary in our case.

Mielec, May 14, 1940.

I accept the power of attorney

Transcription and translation:

Town Court District I.
Mielec, May 30, 1940

Case #284/40

In the inheritance case after Israel Berger died on April 8, 1940 without leaving the ordinance of the last will to arrange for Esther's Silber and Sarah Stroh residing in Mielec and acting by Dr. Wojciech Weryński advocate in Mielec for a closed session of May 30, 1940.

Decision

In consideration of the presentation of Esther Silber and Sara Stroh of May 9, 1940, based on the provision of § 9 pat. unsub. repeal the resolution of the Town Court in Mielec of May 9, 1940, Case #284/40, by virtue of which appointed the administrator of the estate of the blessed Izrael Berger, son of the late Ascher Berger in Mielec.

Substantiation

By a resolution of May 9, 1940, at the request of Benjamin Berger and Lezer Berger, as well as Ascher Berger, the court appointed Ascher Berger as administrator of the estate of blessed. Israel Berger.

Against this resolution, heirs Esther Silber and Sarah Stroh filed a grievance on May 9, 1940.

The above establishment of the administrator of the estate was premature, because 810 of the Civil Code. and 122 and 145 pat. unsub. the administrator may be appointed only after the Court has accepted the inheritance declaration submitted by the heirs in this case has not yet taken place, because apart from writing the act of descent, no further inheritance has been made, nor has any of the inheritance of the heirs yet proposed, whether or not also renounces it.

In this state of affairs, the submitted presentation proved to be justified, and therefore the Court, pursuant to § 9 pat. changed its previous ordinance, because no third person acquired rights under the previous resolution and decided as above.

For compliance
K. Boryński registrar

Town judge
Dr. J. Figwer

Transcription and translation:

To

District Court in Tarnów

via

Town Court in Mielec

1 / Sara Stroh née Berger and 2 / Estera Silber née Berger, merchants in Mielec, both by proxy of Dr. Wojciech Weryński, lawyer in Mielec. / power of attorney in the files /

in the inheritance case of their father Israel Berger

RECOURSE
-----------

of the above from the resolution of the Municipal Court in Mielec of June 3, 1940 Case #284/40 delivered to them on June 3, 1940.

High Court!

Sara Stroh née Berger and Esther Silber née Berger, both merchants from Mielec, are challenging this resolution of the Mielec Castle Court of June 3, 1940 Case #284/40 if it was established: a/ a certain Ascher Berger, a merchant from Mielec, administrator of the estate of their father, Israel Berger and b/ and if it was appointed Benjamin Berger, a merchant in Mielec, curator of the absent Mozes Berger and Izak Berger residing in America / due to current war relations / and at the same time they are asking for a change or repeal of this resolution in that direction: : a/ this administrator cannot be the same Ascher Berger but either Ryfka Wachs or Sara Stroh, a merchant and the owner of real estate in Mielec, who, according to this resolution, are simultaneously as daughters statutory heirs of their father and, b/ that the curator of the absent absentees Benjamin Berger can be the only Chanine Stroh, a merchant in Mielec, a very serious and trustworthy man, and this is best demonstrated by the fact that for this reason he became a member of the current Supervisory Board of the Judenrat in Mielec, who also holds the position of the curator for this reason best suited as a son-in-law of bl. Berger Berger and the brother-in-law of the absent are very familiar with the property and family relations of Bl. Izrael Berger and will be able to defend the property interests of those not present in opposition to Benjamin Berger, who is the last as acting in close consultation with the above Ascher Berger, takes care of his own interests and the best evidence is also the following circumstances.

SUBSTANTIATION

First and foremost, the Court instructs the Tarnów Regional Court of May 25, 1940. l. Part 57/40, and despite the objections of the current female candidates and despite all their objections raised in their presentation of May 9, 1940, complaint / recursion / of May 14, 1940 and to the prot. of May 31, 1940 Case #284/40 against the person of the same Ascher Berger and Benjamin Berger, not questioned the heirs and in particular current female presidents regarding the content of their allegations, nor did he take away from Ascher Berger and Benjamin Berger any statement of allegations against these persons or the Court in the contested resolution he did not take any position in relation to these allegations, which, after all, are of primary and fundamental importance, because it is a matter of very serious property and enormous damage to this property inherited not only by the current female candidates but also by the absent Mozes Berger and Izak Berger, and for whom - for this reason, even out of office, one must be particularly careful about the selection of a suitable guardian who would have their own interests but those curandos on the window. / §§2 sections 4 and 5, §13.77,185,145 etc. pat. unsub. §810 etc. k ./.

In particular, the claim of the presidential women should have been and should be considered, and Ascher Berger and Benjamin Berger are not suitable for the administrator or probation officer because they are nervous, they beat the women presidents and Chanina Stroh, and this is proved by criminal acts of the Municipal Court in Mielec. Kg. 141/40, with relevant medical certificates, etc., they take everything away and sell everything that remained after the blessed. Israel Berger and the money and things are shared.

After all, this is all a circumstance and showing that such people as managers or probation officers cannot be trusted, because under the influence of hatred in the context of the above criminal case and also because of their own interests, they can very easily sacrifice the interests of the other heirs and the above-mentioned couriers. - when the notorious thing is taken into account between official and real prices, there is too much difference that unreliable people can use to their advantage with the obvious damage of the rest of the co-owners or authorized persons, the latter of whom can be made in the short term under the guise of legal action.

From the above and the following, circumstances appear to be happening too
obvious conflicts of interest between the reciters and the absent above Mozes Berger and Izak Berger on the one hand and those of Ascher Berger, Benjamin Berger and Lezer Berger on the other, and which circumstance would not allow any of the latter to be appointed as a guardian or administrator for the interests of the first.

That Ascher Berger, Benjamin Berger and Leser Berger do not deserve trust and that they act in a mutual agreement and have in mind above all only their own interests with the residual damage of the other heirs and the absent as well, let the following new circumstances be mentioned here: they only learned now:

as the women found out now, they are inherited from Israel Berger left much more wealth than the inheritance inventory mentioned above, the actual managers of the property Ascher, Benjamin and Lesr Berger, and the rest remained:

a / not 260 zl. but much more cash, which the above divided not giving to the absent Mozes and Izak Bergers and for the recipient Sara Stroh,

b / remaining from Israel Berger, more clothes, materials, movables, e.g. 3 furs, 1 desk, mirror, glass wardrobe, two clocks, paintings, weight and table, costly biblical books and a lot of grain in the granary, which they sold out and divided money.

Proof: Witnesses Benjamin Silber and Chanine Stroh both in Mielec and interrogation of all heirs, especially Ryfka Wachs and Esther Silber both in Mielec.

Thus, this recourse is entirely justified.

for the above Sarah Stroh née Berger and Esther Silber née Berger representative:

Transcription and translation:

No. I Part 73/40


Decision:

June 22, 1940

The District Court in Tarnów in the following composition: Chairman Vice-President S.O. Kukalak S.O. Czapliński S.O. Furrier. Reporter app. Mgr. Gładyszewski after hearing on June 22, 1940 inheritance case of Izrael Berger as a result of the recourse of Sara Berger née Stroh and Esther Silber née Berger on the resolution of the Grodski Court in Mielec of June 3, 1940. Case #284/40.

Verdict:

Contested the court resolutions. Of the First Instance in paragraphs 2, 4, 5, repeals and at once the case file returns to the Town Court of Mielec in order to supplement the proceedings in the direction indicated below and to issue a new decision.

The rest of the paragraphs of this resolution remain unchanged as a recourse.

Substantiation:

Against the appointment of a guardian and administrator of the estate after Israel Berger, Ascher Berger and against the establishment of Moses Berger and Izak Berger, who were absent and staying in America, Benjamin Berger, raised the prosecutors Sara Stroh and Esther Silber
you are not suitable for this position and this is Ascher Berger for the position of inheritance of the estate, Benjamin Berger for the position of curator of the absent and staying in America Mozes Berger and Izak Berger due to their violence, hostile attitude towards the women who beat . and in particular due to the fact that the inherited property is sold and taken away, and the resulting money is divided between them. The Court of First Instance did not examine these allegations at all, nor did it investigate or establish any findings in this regard.