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Legal Documents Pertaining to the Probate of the Estate of Margaret Garrett 24 Sep 1921THE WILL State of Texas County of Collin KNOW ALL MEN BY THESE PRESENTS:
That I, Margaret E. Garrett, of
Plano, Collin County, Texas, of sound and disposing mind and memory, and being
desirous of settling my worldly affairs while I have strength so to do, do make,
publish and declare this my last will and testament, hereby revoking all other
wills by me at any time heretofore more. Item-first-- I desire my body be buried in a decent and Christian like manner suitable to my circumstances and conditions in life I the family burial lot, by the side of my deceased husband, P. R. Garrett. Item Second- I desire and direct that all my just debts be paid out of my estate, by my executor, hereinafter named, as soon after my death as convenient. Item Third- I will and bequeath to my grandchildren as follows: To my grandchild, Laura Huston, formerly Laura Wines, To my grandchild, Margaret Ester Ray, formerly Margaret Ester Garret, Ida Elizabeth Wines, each the sum of $1.00 to be paid out of my estate by my executor, which amount is all that either of said Grandchildren, shall ever have therein and thereto. Item Fourth – I bequeath and devise, to my grand-child, Sallie Wines Steward, all my estate, real, personal and mixed, which I die owing and holding, she, the said Sallie Wines Steward to have and hold, an absolute fee simple title therein and thereto, subject to the payments of my just debts, funeral expenses and last cost of illness, and all debts and expenses of probating this will. Item Fifth- I hereby constitute, nominate and appoint my friend J. F. Harrington, of Plano, Texas, sole executor of this will, and desire that no bond be required of him as such, and that no action be had in any court on my estate save the proof of this will, and return of an inventory, appraisement and list of claims. Witnesses C. J. Hicks J. F. Harrington In testimony whereof I have hereunto subscribed my name, this the 24th day of September A. D. 1921. Signed, sealed and declared by Margaret E. Garrett, as her last will and testament, in our presence, and we in her presence, at her request, an din the presence of each other, have hereunto subscribed our names as attesting witnesses, this the 24th day of September A. D 1921 C. J. Hicks J. F. Harrington Filed 24 day of Jan, 1929, S. G. Taylor, Clerk County Court, Collin County, Texas 23 Jan 1929APPLICATION
TO PROBATE WILL
State of Texas County of Collin In the County Court, Collin County, Texas To the Honorable E. W. Merritt, County Judge: Now comes J. F. Harrington, of said County and State, respectfully files herewith his application for probate of the instrument hereto attached purporting to be the last will and testament of Margaret E Garret, deceased. Applicant states that Margaret E. Garret is dead; That she died at Plano, Texas on the __day of January, A. D. 1929. That she left a written will, dated September 24, 1921, in which applicant was named and designated as Independent executor of said will, without bond. That applicant is in no manner disqualified from accepting such appointment, but is in all things qualified. Wherefore applicant prays that proper citations be issued, and served as required by law, and that upon full and final hearing said instrument be probated as the last will of said decedent, and for all other and further orders and decrees proper and necessary. J. F. Harrington Filed 24 day of Jan, 1929, S. G. Taylor, Clerk County Court, Collin County, Texas 23 Jan 1929NOTICE OF APPLICATION FOR PROBATE OF WILL The State of Texas, To The Sheriff or any Constable of Collin County Greeting: You are hereby commanded to cause the following notice to be published in a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year preceding the date of the notice in the County of Collin, State of Texas, and you shall cause said notice to be printed at least once each week for a period of ten days exclusive of the first of publication before the return day hereof: NOTICE OF APPLICATION FOR PROBATE OF WILL THE STATE OF TEXAS To all persons interested in the estate of Margaret E. Garrett, Dec’d, J. F. Harrington has filed in the County Court of Collin County, an application for the probate of the last will and testament of said Margaret E. Garrett, Dec’d. filed with said application, and for letters testamentary which will be heard at the next term of said court, commencing on the 1st Monday in Feb, A. D. 1929 the same being the 4th day of Feb, A. D. 1929, at the court house thereof, in McKinney, 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 before said court on the said first day of the next term thereof this Writ, with your return thereon, showing how you have executed the same. Given under my hand and the seal of said court, at office in McKinney, Texas, this the 23rd day of Jan. A. D. 1929 S G. Taylor, Clerk County Court, Collin County, Texas 24 Jan 1929SHERIFF’S RETURN Came to hand on the 24th day of January A. D. 1929, at 11:30 o’clock A. M. and executed on the 24th day of January, A. D. 1929, by causing the within notice to be published in McKinney Daily Courier Gazette, a newspaper of general circulation which has been continuously and regularly published for a period of not less that one year in Collin County, Texas, and I caused said_________________. First insertion 245h day of Jan 1929, Second insertion 31st day of Jan 1929, Third insertion….day of….19…and a printed copy thereof is herewith returned. Fees: Printer’s Fee------$……. Mileage………...$0.15 Serving…………$1.05 Total……………$1.15 Ed Blakeman, Sheriff, Returned and filed this 24 day of Jan, 1929, S. G. Taylor, Clerk 7 Feb 1929PUBLISHERS AFFIDAVIT Printer Fee $5.62 No. 3837 Estate of Margaret E. Garrett, Dec’d The State of Texas County of Collin On this day personally appeared before the undersigned authority Tom W. Perkins one of the publishers of the Daily Courier Gazette published at McKinney, Texas, who on oath says that the notice hereto attached was published in said newspaper on the 24th and 32st days of Jan, 1929, and the…..day of……192…. Tom W. Perkins, Publisher Sworn to and subscribed before me, this 7 day of Feb, 1929 Carl Callagher, Notary Public, Collin County, Texas 8 March 1929PROOF OF WILL No.
3837. Estate of
Margaret E. Garrett, Deceased. The State of Texas County of Collin February Term A. D. 1929 This day personally appeared in open court C. J. Hicks, 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 Margaret E. Garrett, deceased, during her lifetime; I knew the above decedent for about 15 years before her death; the signature of said deceased to the instrument now shown to me and offered for probate as her last will and testament, and bearing date Sep 24 in the year A. D. 1921 and made by the deceased at Plano, Texas, in presence of myself and J. F. Harrington, the other subscribing witness, all of said witnesses being over the age of fourteen years. At the time of the making of said will the testator was of sound and disposing mind and memory, and she declared the will so made by her to be her last will and testament, and I thereupon signed my name as a witness, together with J. F. Harrington, at the request of said testator, in her presence and in the presence of each other. The deceased at the time of the accounting of said instrument was about 69 years of age; the said Margaret E. Garrett departed this life on or about 13th day of January A. D. 1929, about 7 ½ years after making said will, in the County of Collin, in the State of Texas, where and at which time her residence and principal estate was situated, and without her having revoked said will so far as known to affiant. C. J. Hicks Sworn to and subscribed before me, this 8th day of March, 1929 S. G. Taylor, Clerk County Court, Collin County, Texas Filed this 8 day of Mar, 1929, S. G. Taylor, Clerk County Court, Collin County, Texas 8 March 1929ORDER ADMITTING WILL TO PROBATE No. 3837 Estate of Margaret E. Garrett, Dec’d, J. F. Harrington, Executor County Court, Collin County, Texas On this the 8 day of March A. D. 1929, came on to be heard the application of J. F. Harrington, for probate of a written instrument, purporting to the be the last will and testament of Margaret E Garrett, deceased, bearing date the 24 day of September 1921, filed in this court on the 24 day of January, 1929. And the court seeing that the proper citations have been issued and served as provided by law, and that said written instrument was executed with all the solemnities of a will, and after hearing the testimony of C. J. Hicks, one of the witnesses thereto, which testimony was reduced to writing signed by him, and sworn to, and filed with the records in this cause, and the court further seeing that J. F. Harrington, was appointed therein, independent executor without bond, it is considered by the court that the same ought to be probated as the last will and testament of Margaret E. Garrett, deceased. __________described be and the same is proven up as the last will of Margaret E. Garret, deceased, and the same together with the proof thereof, and this order is ordered filed in the minutes of this court. That said J. F. Harrington is appointed under the terms of said Will independent executor thereof. It appearing to the court that Chas. E. Hood. F. T. W. Hood, and Henry Aldridge are good citizens, they are ordered to make inventory of estate and return to this court. 9 March 1929INVENTORY AND APPRAISEMENT No. 3837 Estate of Margaret E. Garret, Deceased. J. F. Harrington, Ex’r. In County Court, Collin County, Texas Inventory and Appraisement of the Estate of Margaret E. Garrett, deceased, produced before the undersigned appraisers, on the 9th day of March A.D. 1929, by J. F. Harrington, Ex’r of the estate of Margaret E. Garret, deceased. Separate Property of said deceased. Appraised Value An undivided one-half interest of, in and to The following real property, lying and situated In the town of Plano, Collin County, Texas, To-wit:
Kendricks addition to Plano, Texas, known as the P. R. Garret home place – valued herein at the sum of $800 the undivided one-half interest being……………….$400.00
Texas, lying on the west side of Vance Street, and North Side of Water Street, City of Plano, Texas, upon which Is situated two small rent houses, the who valued for $750.00, the interest herein………………………………..$375.00
All of this property, belongs to this estate, to-wit:
Community Property We, the undersigned appraisers, do solemnly swear that the foregoing is a full and fair appraisement of the estate of Margaret E. Garret, deceased, produced before us by J. F. Harrington, Ex’r. Henry Aldridge } Chas. E. Hood } Appraisers F. T. N. Hood } Sworn and subscribed before me this 9th day of March A. D. 1929 Joe Bradshaw, Notary Public, Collin County, Texas LIST OF CLAIMS Separate Property I do solemnly swear that the foregoing inventory and list, is a full and complete inventory and list of the property and claims of Margaret E. Garret, deceased that have come to my knowledge. J. F. Harrington, Ex’r. Sworn to and subscribed before me, this 9th day of March A. D. 1929 Filed 12 day of March 1929, S. G. Taylor, Clerk 12 March 1929ORDER APPROVING INVENTORY AND APPRAISEMENT No. 3837 Estate of Margaret E. Garret, Deceased J. F. Harrington, Executor On this the 12th day of March A.D. 1929 came on to be heard in this cause the inventory and appraisement of the estate of Margaret E. Garret, deceased, returned unto this court by Chas. E. Hood, et al, appraisers heretofore appointed by this court to make such appraisement, the same appearing regular in form, and having been filed according to law, it is considered by the court that the same ought to be approved. It is therefore ordered, adjudged and decreed by the court that said inventory and appraisement be and the said is hereby in all reports approved, and recorded by the (note remainder is missing – note these documents were printed from microfilm, original probate file may contain the entire document). 19 March 1930APPLICATION FOR ORDER OF SALE No. 3837, Estate of Margaret E. Garrett, Deceased In the County Court, Collin County, Texas To The Honorable County Court of Said County: Now comes J. F. Harrington, Executor of the Estate of Mrs. Margaret E. Garrett, deceased, and states that there are due and outstanding against the estate of Mrs. Margaret E. Garrett, deceased, the following debts and claims, which are valid _____ claims against said estate, to-wit:
Chargeable against the estate in the sum of………….City $27.94 …………………………………………………............................................…….Sch. $24.15 ………………………………………………….................................................….Co- $19.82
That the above constitutes all the debts and claims of every kind, which has come to my knowledge, against said estate, and all of which the estate is chargeable. That the estate as inventoried is still on hands, ____ non-revenue bearing property, and this reporter has not collected any additional revenue, or estate. That it is necessary in order to pay the above set out claims, sell the estate on hand, all of which is set out in the inventory and appraisement of this estate, which is separately referred to for a full description thereof. Wherefore, this reporter respectfully prays the Court that an order be entered herein, authorizing and empowering this executor to sell said estate for cash, at private sale, for the purpose of paying off all claims hereintofore set out, and any balance remaining on hand to be paid in accordance with the terms of said will, which is separately referred to and for any other and further orders and decrees herein which may be proper and necessary. J. F. Harrington, Executor Subscribed and sworn to before me, this the 19th day of March, A. D. 1930, by J. F. Harrington, Plano, Texas. Charles E. Hood, Notary Public, Collin County, Texas Filed 27 day of Mar. 1930, S. G. Taylor, Clerk County Court, Collin County, Texas 27 March 1930NOTICE OF APPLICATION FOR ORDER OF SALE The State of Texas To the Sheriff or Any Constable of Collin County – Greeting: You are hereby commanded to cause to be posted for twenty days, exclusive of the day of posting, before the return day hereof, in three of the most public places in Collin County, one of which shall be at the Court House door, and no two of which shall be in the same city or town, copies of the following notice: To all persons interested in the Estate of Margaret E. Garrett, deceased, J. F. Harrington has filed in the County Court of Collin County, an application for an order to sell the following property of said estate, to-wit: An undivided one-half interest, of and to the following real property, lying and situated in the town of Plano, Collin County, Texas to wit: 1. One acre of land being Lot #6 in Block 1 of Kendrick’s Addition to Plano, Texas, know as the P. R. Garrett home place. 2. Lot 12 in Block 4 of Kendrick’s Addition to Plano, Texas, lying on the West side of Vance Street, and North side of Water Street, City of Plano, Texas, upon which is situated two small rent houses. 3. Household goods furniture, etc. Which will be heard at the next term of said Court, commencing the First Monday in April, A. D. 1930, at the Court House ___, in the City of McKinney, Texas at which time all persons interested in said estate are required to appear and show cause why such sale should not be made, should they choose to do so. Herein Fail Not, but have you then and there before said Court __ writ, with your return thereon endorsed, showing how you have executed the same. Given under my hand and seal of said Court, March 27th, A. D. 1930 27 March 1930SHERIFF’S RETURN Come to hand on the 27th day of March, A. D. 1930, and executed on the 27th day of March, A. D. 1930, by posting a copy of this notice at three of the most public places in Collin County, Texas, one of which at the Court House door, one at Coperville and one at Wylie. Ed Blackeman, Sheriff, Collin County, Texas Fee……….$1.00 By ___, Deputy Mileage…..$3.75 Returned and filed this 28 day of Mar. 1930 Total……..$4.75 9 June 1930No. 3837. Estate of Margaret E. Garrett, Dec’d J. F. Harrington, Executor In the County Court, Collin County, Texas On this the 9th day of June, A. D. 1930, in the above styled cause, came on to be heard the application of J. F. Harrington, Executor for a sale of the Estate of Margaret E. Garrett, the same filed in the Court on the 27th day of March, A. D. 1930, and it appearing to the Court that legal service has been had as required by law, and it further appearing to the Court that there are outstanding claims and debts against the estate, unpaid, and that there is no money on hand in the estate to pay said claims and a necessity exists requiring the sale of the estate in order that the claims and debts be paid, and the Court costs accrued and to accrue, and fees justly owing by the estate to the executor, and attorney. And it further appearing to the Court that no contest has been filed herein against said sale, and that more than a year has lapsed since the death of said Testatrix, it is considered by the Court that said application should be granted as prayed for. It is therefore ordered, adjudged and decreed by the Court that J. F. Harrington, Executor of said Estate, do sell the interest of said estate, of in and to the following property, as set out in the inventory and appraisement of said Estate as follows: The undivided one-half interest owned by the estate of Margaret E. Garrett, deceased, of, in and to the following property’s 1. One acre of Land, being lot 5, in Block 1 of Kendricks First Addition to Plano, Texas, according to the map and plat thereof, known as the home place of Mrs. Margaret E. Garrett, deceased, in Plano, Collin County, Texas. 2. Lot 12, in Block 4, of Kendricks First Addition to Plano, Texas, lying on the west side of South Vance Street, Plano, Texas on which is situated two small rent houses, at private sale for cash, and make due reports of said sale to this term of this court, for the Court’s further action thereon. L. W. Merritt, Judge of the County Court, Collin County, Texas 27 June 1930REPORT OF SALE No. 3837. Estate of Margaret E. Garrett, Dec’d J. F. Harrington, Executor In the County Court, Collin County, Texas To the Honorable County Court: Now comes J. F. Harrington, Executor of the Estate of Margaret E. Garrett, deceased, administration pending in this Court, and in obedience to an order of sale made and entered in this cause of the 9th day of June, A. D. 1930, upon an application for sale of the undivided interest of said estate, of, and in and to certain parcels of real property, filed herein on the 27th day of March, A. D. 1930, did sell at private sale for cash, all the hereinafter described interest in real property belonging to the estate of Margaret E. Garrett, deceased, to H. O. Harrington of Plano, Collin County, Texas, for the sum of $500.00 said real property being more fully described as follows, to-wit: The estate interest in said real property, being an undivided one-half, and an undivided one-half of the following property was sold as follows: First tract: Being one acre of land, more or less, and being Lot 6 in Block 1, of Kendrick’s first Addition to Plano, Texas and described as follows: Beginning at the intersection of South Vance Street and Tennessee Street; Thence North with the East boundary line of Vance Street 150 feet, to the S. W. corner of property owned by M. M. Yeager; Turn left with S B. line of M. M Yeager property 10? Feet, a stake, the S E. corner of said M. M. Yeager property, in W. B. line of Mrs. J. P. Spillman lot of land; Thence South with W. B? line of Mrs. J. F. Spillman tract 150 feet to the N.E. line of Tennessee Street; Thence West ___ 164 feet to the place of beginning. Second Tract: Being lot 12, Kendrick First Addition to the town of Plano, Collin County, Texas, and more fully described as follows: Beginning at the intersetin of South Vance Street and Water Street, at the S. E? corner of said Block 4, and S. W corner of Lot 12; Thence North with W. B line of South Vance Street about 23 /14 feet, to the E E.? corner of said Lot 12, at the S. E. corner of property now owned by H. M. Yeager; Thence West with the S. E? line of Hm. M Yeager property, and the N. E.? line of said Lot 12, about 216.? Feet, to the N. W. corner of said Lot 12 and S. E. ? corner of lot 11, in said Block 4; Thence south with the W. B. line of said Lot 12, and ?? line of Lot 11, in Block 4, to the middle of a small branch about 105 or 185 feet; Thence Southwesterly direction with said branch to the S. E. line of ? Block 4, in N. E?, line of Water Street; Thence ___ about 266__feet, to the place of beginning. Believing that said sales ere fair sales, for value, and that the undivided interest of one-half in and to said property brought a fair price, and was fairly sold, this reported respectfully asks the Court to approve and confirm said sale, and order this reporter to make title to said purchaser on his compliance with the terms of said sale. J. F. Harrington, Executor Subscribed and sworn to me before, this the 27 day of June, A. D. 1930, by J. F. Harrington, Executor of the Estate of Margaret E. Garrett, Deceased F. T. W. Mood (Hood?), Notary Public, Collin County, Texas Filed 3 day of July 1930, S. G. Taylor, Clerk County Count, Collin County By R. C. McLeod, Deputy 14 July 1930ORDER CONFIRMING SALE No. 3837. Estate of Margaret E. Garrett, Deceased J. F. Harrington, Executor On this the 14th day of July, A. D. 1930, came on to be heard in the administration of the above estate of Margaret E. Garrett, deceased, pending herein, the report of J. F. Harrington, executor of said estate, of sale of the property herein described, made in obedience to an order of this Court made and entered herein on the 9th day of June, A. D. 1930, and entered on the minutes of this Court for the time and in the manner required by law, and the Court having inquired into the manner in which said sale was made, and having heard the evidence in favor of same, is satisfied that said sale was fairly made and is in conformity with law and brought a fair price; It is therefore ordered by the Court that said report be recorded by the Clerk of this Court, and that the proper conveyance be made to the said E. O. Harrington, the purchaser named in said report, upon his compliance with the terms of said sale. NOTE: This document is not signed.
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