Hood County Texas Genealogical Society
LAST WILL & TESTAMENT OF
MAGGIE GRUBBS UMPHRESS
Contributed by Barbara
Maggie Grubbs Umphress was born
in Florida on August 9, 1852 and came to Texas in 1872. She passed away in October 1914 and was
buried in the Mitchell Bend Cemetery in Hood County, Texas.
The State of Texas
County of Hood §
I, Maggie Umphress,
a citizen of Hood County, Texas, being of sound mind and disposing memory, am
desirous of making disposition of such property as I own at the time of my
death to the end that it may serve the best purpose Therefore I hereby make,
publish and declare this my last will and testament.
I. After my death
all my Just debts must be paid as soon as may be convenient but at such time
and in such manner as may not injure said estate. That is to say no property
shall be sacrificed in order to pay debts.
II. It is my desire
that my body shall be buried in a Christian-like manner and in such manner as
may be suitable to my station in life.
III. I hereby give,
devise and bequeath to my beloved husband, Ras Umphress, all property of every
kind that I may own at the time of my death, to include all real estate, all
personal property, all money, chases(?) in action and any and all property of
every kind without any exception.
IV. As I have and
place implicit confidence and trust in the fidelity and honesty of my said
husband, Ras Umphress, I hereby nominate, constitute and appoint him Executor
of this, my last will and testament and it is my desire that he shall not be
required to give any bond or security as such executor but that he shall have
the full and complete control of the estate, as hereinafter provided without
such security, and I further direct that my said executor shall have and
exercise all the powers herein given without the action or control of the
Probate or other court and shall be and act, as such executor, independent of
any said courts save and except that he shall have the will probated and
recorded as is now or may hereafter be required by law.
V. I hereby give,
grant and convey unto my said executor, full power and authority to manage,
control, sell as in any other manner dispose of any or all of my said estate in
such manner and on such terms as to him may seem proper and this without the
authority of any court, and to make, execute and deliver, in proper, any and
all deed or deeds, conveyances, bills of sale or as other evidences of sale or
conveyances that may be necessary to a full and complete. Carrying out of the
provisions hereof to the end that my said executor will not be in any manner
incumbered or hindred in the management sale, control or disposition of said
estate or any part thereof in such manner as he may see proper.
I hereby make,
publish and declare this my last will and testament in the presence of J.M.
McCuan and W.W.F. Cooper, whom I have requested to sign the same as such in my
presence, at my request and in the presence of each other this 30 day Oct.
We, J.M. McCuan and
W.F. Cooper sign the foregoing instrument as subscribing witnesses, at the
request of the said testatry therein named in her presence and in the presence
of each other on the date last above herein written.
(Vol. J. pg. 30-33,
APPLICATION TO PROVE THE LAST WILL & TESTAMENT
OF MRS. MAGGIE UMPHRESS
The State of Texas
§ In Probate Court Hood County, Texas
County of Hood §
March Term 1915
To the Hon. W.L.
Dean, Judge of said Court
Now comes Ras
Umphress, a citizen of Hood County, Texas, of lawful age and makes his
application to prove the last will and testament of Mrs. Maggie Umphress, his
wife, and in support of said application he shows the court as follows:
I. That the said
Mrs. Maggie Umphress, departed this life in Hood County, Texas, on or about the
eighth day of October A.D. 1914.
II. He further
shows to the court that the said Mrs. Maggie Umphress was at the time of her
death and has been for many years a resident citizen of Hood County, Texas, and
that your applicant is also of same County and said State. and that the said
Mrs. Maggie Umphress, at the time of death, was possessed of an estate
consisting of lands and personal property which is also located and situated in
said Hood County, Texas, and therefore, he says that this County has
Jurisdiction of all matters invalid in and s(cut off by edge of paper) up by
III. That the said
Mrs. Maggie Umphress at the time of her death was possessed of an un-divided
one half interest in an to about 1340 acres of land in Hood County, Texas,
which half interest is of the probable value of $2500.00 and that she was also
possessed of certain personal property of the probable value of $1200.00, the
same being an undivided one-half interest in and to the personal property owned
by the said Mrs. Maggie Umphress and your applicant at the time of her death.
That the said personal property consists of horses, mules, cattle, other
livestock, household and kitchen furniture, farming implements, etc.
IV. That at the
time of her death the said Mrs. Maggie Umphress left a written will which is in
due form properly executed and bears date October 30, 1908, that the same is in
due form and properly witnessed in the same manner required by law and which
said will is filed with the Clerk of this Court at the time of the filing of
this application (vol. J. Probate, pg. 29)
V. The further
shows to the court that in and by the terms of said will the said Mrs. Maggie
Umphress made, Constituted and appointed your applicant the Independant
Executor thereof without requiring bond and without the action of the Probate
or other Court except to Probate the said will and to make and file an
inventory of the property belonging to said estate in terms of the law, that
your applicant whose name is Ras Umphress, as herein before stated resides in
Hood County, Texas.
VI. Your applicant
further shows that he is of lawful age and is not in any manner disqualified
under the law from accepting Letters Testamentary upon the estate of the said
Mrs. Maggie Umphress.
applicant prays that the necessary notice given as required by law, that upon a
hearing of this application the Court will hear proof in open Court relative to
the execution of said will, the kind, location and quantity of property
belonging to the estate of the said Mrs. Maggie Umphress, the value thereof and
as to such other matters as may be pertinent to any issue in this proceeding,
for an order admitted said will to probate, ordering the said will to be
recorded as the last will and testament of the said Mrs. Maggie Umphress, for
the appointment of appraisal as required by law and for such other orders and
decrees as may be necessary under the law, for letters Testamentary, and that
he be appointed Executor of said estate without bond and without the action of
the Probate or other court, except to make or file an inventory of the property
belonging to said estate as in duty bound he will ever pray.
Estes & Estes
Atty for applicant
Filed Feby 1 1915
County Clerk, Hood County, Texas
~ Web Page by Virginia Hale ~
2002 HOOD COUNTY TEXAS GENEALOGICAL SOCIETY