Hood County Texas Genealogical Society

 

LAST WILL & TESTAMENT OF

MAGGIE GRUBBS UMPHRESS

Contributed by Barbara Childers

 

 

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. 1908.

Maggie Umphress

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.

J.M. McCuan

W.F. Cooper

(Vol. J. pg. 30-33, Probate Court)

 

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 his application.

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.

Wherefore your 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

Z.C. Morrison, County Clerk, Hood County, Texas

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2002 HOOD COUNTY TEXAS GENEALOGICAL SOCIETY