Page 297
Minutes Probate Court, Bowie County, Texas, July Term, 1939
Texas Probate Index
Name
Additional Info Date Filed Year County Name
White, Martha Olevia deceased
Jul 26 1939 Bowie
Application for Probate of Will
The State of Texas
County of Bowie.
Estate of Martha Olevia White, Deceased.
To The Honorable County Court of Bowie County, Texas.
Now comes your petitioner, Rex White and shows to the Court that he is a resident
of Bowie County, Texas, residing at Maud, Texas.
That Martha Olevia White is dead. That she died on the 8th day of December, 1938 at
Maud in Bowie County, Texas.
That at and before her death the said Martha Olivia White resided and had her domicile
in Bowie County, Texas, and that she died at her home in Bowie County, Texas.
That at the time of her death the said Martha Olevia White was seized and possessed
of real and personal property of the probable value of $2000.00, and consists of personal
effects of small value and 1/2 interest in approximately 136 acres of the J. B. Downey Survey
of land in Bowie County, Texas, and she left a written will duly executed and herewith
filed in which your petitioner was appointed executor, and in which the said testator
provided that no other action should be had in the County Court in relation to the settlement
of such estate than the probating and recording of such will and the return of an inventory,
appraisement and list of claims.
That there is no necessity for administration on said estate, and your petitioner is
not disqualified by law from receiving letters testamentary, should administration
be necessary.
Wherefore your petitioner prays that citation issue to all persons interested in said
estate as required by law; that said will be admitted to probate, and that such other and
further orders and judgments be made and entered as to the Court may seem proper.
0. B7 Pirkey
___________
Attorney for Petitioner, Rex White.
ENDORSED: No. 4104. Estate of Martha Olevia White, Deceased. Application of Rex
White to Probate Will. Filed July 25, 1939, Sam L. Minnick, Count Clerk.
Page 298
Minutes Probate Court, Bowie County, Texas, August Term, 1939
CITATION ON APPLICATION FOR PROBATE OF WILL
NO. 4104 NOTICE IN PROBATE
THE STATE OF TEXAS,
To the Sheriff or any Constable of Bowie County, ---------------GREETING.
You are hereby commanded to cause to be posted for ten days, exclusive of the day of
posting, before the return day hereof, at the Court House door, in Boston, Bowie County, a
copy of the following notice:
The State of Texas:
To all persons interested in the estate of Martha Olevia White, Deceased;
Rex White has filed in the County Court of Bowie County, an application for the probate of
the last Will and Testament of Martha Olevia White, Deceased, filed with said application, and
for Letters Testamentary, and said application will be acted upon by said Court, on Monday,
the 7th day August, A. D. 1939, at the Court House of said County, in Boston, Texas, at
which time all persons interested in said estate may appear and contest said application,
should they desire to do so.
Herein Fail Not, but have you this writ before the said Court at the time aforesaid,
with your return thereon, showing how you have executed the same.
Given under my hand and seal of said Court, at office in Boston , Texas, this the 26th
day of August, A. D. 1939.
Sam L. Minnick, Clerk County Court,
Bowie County, Texas.
by L. C. Lynch deputy (Seal)
SHERIFFS RETURN.
Come to hand on the 20th day of July, A. D. 1939, at 10 o'clock A. M., and executed
on the 25 day of July, A. D. 1939, by posting a copy of the within citation for ten days,
exclusively of the day of posting, before the return day hereof, at the Court House door
of Bowie County, Texas.
FEES.
G. H. Brooks, Sheriff,
Posting citation $1.00 Bowie County, Texas.
Total 1.00
ENDORSED: File No. 4104. In the County Court of Bowie County. Estate of Martha Olevia
White, deceased. Citation on application for Probate of Will. Issued 26th day of July, A. D.
1939,
Sam L. Minnick, Clerk,
By L. C. Lynch Deputy.
Minutes Probate Court, Bowie County, Texas, August Term, 1939
PROOF OF WILL
No. 4104
THE STATE OF TEXAS:
County of Bowie
ESTATE OF MARTHA OLEVIA WHITE, DECEASED.
PROOF OF LAST WILL AND TESTAMENT OF MARTHA OLEVIA, DECEASED;
This day personally appeared in open Court Van Morrow who, being duly sworn as a
witness in the above entitled matter, and examined on behalf of the applicant to prove
said Will, says; I was well acquainted with Martha Olevia White, deceased, during her
lifetime; I knew the above decedent for about 40 years at least before her death; the
signature of the said deceased to the instrument now shown to me, and offered for probate
as her last will and Testament, filed in this Court on the 26th day of July, A. D. 1939,
and bearing date on the 29th day of April, A. D. 1929, was made by the deceased direction
and mark, on said last named date at her home in the presence of myself, Van Morrow and
H. S. Irby, the other subscribing witness; all of said witnesses being over the age of
fourteen years. At the time of the making of the Will the testator was of sound and
disposing mind and memory, and I thereupon signed my name as a witness, together with H. S. Irby, at the
request of the said testator, in her presence and in the presence of each other. The said
deceased, at the time of the execution of said instrument was about 70 years of age; that
said Martha Olevia White departed this life on 8th day of December, A. D. 1938, about
9 1/2 years after making said Will, in the County of Bowie in the State of Texas, where and at
which time her residence and principal estate was situated, and without having revoked said
will for far as know to affiant.
Signed: Van Morrow
SWCRN? to and subscribed before me this 7th day of Aug. A. D. 1939,
in open Court.
Sam Minnick Clerk, County Court,
Bowie County,
By L. C. Lynch Deputy (Seal)
ENDORSED: File No. 4104. Proof of Will. In County Court, Bowie County, August Term,
1939, Estate of Martha Olevia White, Deceased. Filed the 7th day of August, A. D. 1939.
Sam Minnick, County Clerk,
By L. C. Lynch Deputy.
Minutes Probate Court, Bowie County, Texas, August Term, 1939
Page 301
WILL OF MARTHA OLEVIA WHITE
STATE OF TEXAS
County of Bowie.
Know all men by these presents, that I, Martha Olevia White of the County of Bowie
and State of Texas, being in good health, of sound and disposing mind and memory, and above
the age of twenty one years do make and publish this my last will and testament, hereby
FIRST: I direct that my body be buried in a Christian
like manner in keeping with my financial conditions and circumstances.
SECOND: I direct that all my just debts be paid out of my estate by my Executor when the
same may mature, or within a reasonable time thereafter.
THIRD: After the payment of the above, I give to my beloved son, Rex White, all the rest
and residue of my estate.
FOURTH: I hereby constitute and appoint my son Rex White Executor of this my will, and
direct that no bond be required of him, and that no proceedings be had in connection
herewith, other than to properly probate and record this will
This I make and publish as my last will, hereunto signing and subscribing my name this
29 day of April, A. D. 1929, in the presence of Van Morrow and H. S. Irby who attest the
same at my request.
her
Signed: Martha Olevia X White
mark
The above instrument was now here published as her last will, and signed and subscribed,
by Martha Olevia White, the testator, in the presence, and we, at the request, in her
presence, and in the presence of each other sign and subscribe our names thereto as attesting
witnesses.
Signed: Van Morrow
H. S. Irby
ENDORSED: No. 4104. Will of Martha Olevia White. Filed July 26, 1939,
Sam L. Minnick,
Co. Clerk.
Minutes Probate Court, Bowie County, Texas, August Term, 1939
ORDER PROBATING WILL
Estate of Martha Olevia White, Deceased.
In County Court of Bowie County, Texas
On this the 7th day of August A. D. 1939, came on to be heard the application of
Rex White for probate of the last will and testament of Martha Olevia White, deceased,
now produced in court, and the evidence, a statement of which is filed in this case,
being heard and fully considered by the court, and it appearing to the court, that citation
thereof has been duly made as required by law, to which no objection has been made, and
that said Rex White is named and appointed in said will, executor thereof and that he
is not disqualified therefore.
It further appearing to the court that said will directs that no bond or security
be required of said executor and that no other action shall be had in the county court
in the administration of said estate that to prove and record said will and to return an
inventory and appraisement of said estate and list of claims:
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the court, that the said last will
and testament of the said Martha Olevia White, deceased, is hereby admitted to probate
and record, and the testimony shall be recorded in the minutes of this court. It is
further ordered by the court that letters testamentary thereof be granted to the said
Rex White, without bond, having first taken the required oath, and that no other action
shall be had in this court in the administration of said estate than to return into this
court an inventory and appraisement of said estate and list of claims.
Van Morrow, R. T. Foster and C. L. Hagwood appointed appraisers. to appraise said
Estate.
Signed: J. Fred Hoffman,
County Judge
ENDORSED: File NO. 4104 IN THE COUNTY COURT of Bowie County, ESTATE OF Martha Olevia
White, Deceased. ORDERED PROBATING WILL (No Bond Required).
Filed 7th day of Aug. 1939
Sam Minnick Clerk,
By L. C. Lynch Deputy.
Minutes Probate Court, Bowie County, Texas, August Term, 1939
Page 302
(L. S.)
Sam Minnick
County Clerk
By L. C. Lynch, Deputy
ENDORSED: File No. 4104 THE COUNTY COURT Bowie County, ESTATE OF Martha Olevia White
Deceased. OATH OF Rex White Filed the 7th day of August, A. D. 1939.
Signed: Sam Minnick,
County Clerk Bowie Co.
By: L. C. Lynch, Deputy
INVENTORY & APPRAISEMENT & LIST OF CLAIMS
IN COUNTY COURT
Bowie County, Texas
ESTATE OF
Martha Olevia White
Deceased
Rex White Ex'r--Adm'r*
INVENTORY AND APPRAISEMENT OF THE ESTATE Of Martha Olevia White, deceased, produced
before the undersigned Appraisers, on the 8th day of August A. D. 1939 by Rex White
Ex'r--Adm'r* of the Estate of said Martha Olevia White deceased.
SEPARATE PROPERTY OF SAID DECEASED:
REAL ESTATE--ACREAGE PROPERTY
Number of Acres Survey
County Appraised Value
1/2 of 136
J. B. Downey Bowie
$1020.00
We, the undersigned appraisers, do solemnly swear that the foregoing is a full and fair
appraisement of the Estate of Martha Olevia White deceased, produced before us by Rex White
Ex'r
Signed: Van Marrow
C. L. Hagwood
R. T. Foster
Sworn to and subscribed before me, this 8 day of August A. D. 1939
Signed: P. E. White
Notary Public, Bowie County Texas.
(L. S.)
*Erase "Ex'r or Adm'r as the case may be.
(SEE ART. 3410)
I do Solemnly swear that the foregoing Inventory and List is a full and complete
inventory and list of the Property and Claims of Martha Olevia White deceased, that have come
to my knowledge.
Signed: Rex White, Ex'r--Adm'r*
Sworn to and subscribed before me, this 7th day of August A. D. 1939
Signed: Sam Minnick, County Clerk, Bowie Co. Texas
*Erase "Ex'r" or "Adm'r" as the case mey be.
ENDORSED: FILE No. 4104 ESTATE OF Martha Olevia White, Deceased. Rex White,
Ex'r--Adm'r: INVENTORY AND APPRAISEMENT AND LIST OF CLAIMS. Filed 8 day of August 1939
Signed: Sam Minnick, Clerk
L. C. Lynch , Deputy
ORDER APPROVED INVENTORY, APPRAISEMENT AND LIST OF CLAIMS
ESTATE OF Martha Olevia White, Deceased, IN COUNTY COURT OF Bowie County, Texas, Sitting
FOR PROBATE BUSINESS, August 9th, 1939 A. D. 19....
This, the 9th day of August, 1939, come on to be considered the report of the inventory,
appraisement and list of claims of the estate of Martha Olevia White, Deceased, made by
Van Morrow, and O. L. Hagwood and R. T. Foster, who have heretofore been appointed by the
court to appraise said estate, and the court having examined the same, it is ordered by the
court that said report be and it is hereby in all respects approved.
Minutes Probate Court, Bowie County, Texas, August Term, 1939
Page 303
ENDORSED: File No. 4104 ESTATE OF Martha Olevia White--Deceased. ORDERED APPROVING INVENTORY, APPRAISEMENT AND LIST OF CLAIMS Filed the 9th day of August A. D. 1939,
Signed: Sam Minnick, County Clerk
By L. C. Lynch, Deputy |