Wichita Co., Texas Probate Minutes vol. 2
(C. Avis Catalog entry #1286)
"Texas Probate Records, 1800-1990," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-99QS-VF2Q?cc=2016287&wc=M4F3-DWL%3A337779301%2C339042501 : 22 May 2014), Wichita > Minutes 1882-1905 vol 1-2 > image 383 of 572; county courthouses, Texas.
p. 124
Estate of C. C. White Decd
On this day came on to be heard the application of M. C. White to Probate the last will & testament of said C. C. White decd & to be appointed Executrix of said will & at the same time comes R. E. Huff who in open court made the following affidavit, to wit:
Estate of C. C. White Deceased
In County Court Wichita County, Texas December 21st 1896, in open court appeared R. E. Huff who being duly sworn deposes & says that he was acquainted with C. C. White in his life time, that he died on 13th day of Sept 1896, That before his death he executed a written will, the same being the will here produced in court, and executed on or about the 5th day of July 1895, & filed with the application for the Probate of same on Nov 14th 1896. That the said Huff was a witness to same & that his genuine signature appears thereto as such witness. That the time the said C. C. White executed said will he was of sound mind & disposing memory. That said will is in the hand writing of said C. C. White & that he executed the same in the presents of affiant & Thos. A. Huff & declared same to e his will & I saw the said Thos. A. Huff sign the same as subscribing witness.
R. E. Huff
Sworn to & subscribed before me the 21st day of December 1896
C. E. Reid Co. Clerk Wichita County
Will of C. C. White
That said will is as follows:
Know all men by these Presents, that I C. C. White being in my right mind, but being afflicted with a fatal disease that will shortly end my life, I do this day make my last Will & Testament and my desire is that after my death my property shall be divided as follows to wit - One half of my entire estate both Real & Personal is hereby bequith & given to my wife M. C. White during her widdowhood and should she marry again then and in such and event then she is to have and won in her own write one half of her allotment, the other to be divided among the other heirs as proratted as I shall designate to wit: That the other half of my estate
p. 125
be distributed as follows. To J. D. Avis ten thousand Dollars to Mary V. Palmer ten thousand Dollars to F. M. Avis ten thousand Dollars to Nancy Bell Hodges ten thousand Dollars to my brother J. F. White ten thousand Dollars to Lizzie Cogdell Five Hundred Dollars to Ruben White if living at the time Five Hundred Dollars to J. P. Green Two Hundred and fifty Dollars and after the distribution is made as I have asked and requested to be made there should be any property of money left my desire and request is that the same be divided between the heirs of the above named J. D. Avis M. V. Palmer F. M. Avis Nancy B. Hodges equally each having the proratta shear, and I hereby appoint my wife M. C. White J. D. Avis T. M. Palmer F. M. Avis my executors, and do hereby constitute make and impower M. C. White & F. M. Avis to act as conveyors to sign acknowledge and make Deeds to my real estate to [?] title and then act is hereby rattified by me and to be vallied as though I made them my self. Signed in the presents of
Robt E. Huff
Thos. A. Huff C. C. White
Wichita Falls July 5th 1895
As there is some of the amts given in the face of this instrument that is not as plain as should be I will here give the true amt in plain words the amount to Lizzie Cogdell is Five Hundred Dollars and Ruben White is One hundred dollars
C. C. White
It appearing to the Court that the said C. C. White deceased at the time of the execution of the foregoing Will was a married man & was of sound mind & competent to execute said will. That the said C. C. White decd died in Wichita County Texas on the 13th day of Sept 1896 & that his estate is principally situated in said County & that such will had not been revoked. It is therefore ordered adjudged & decreed by the Court that said Will be and the same is hereby admitted to Probate & the Clerk of this Court is
p. 126
hereby authorized to record same as required by law ...
... the said J. D. & F. M. Avis & T. M. Palmer have refused to qualify as executors ... It is therefore ordered adjudged & decreed by the Court that the application of said M. C. White be accepted & she is hereby appointed executrix of the last Will & Testament of the said C. C. White deceased ...
Bond
The State of Texas
County of Wichita
In the County Court December Term, 1896
Know all men by these Presents: That we M. C. White as Principal and ___ as surities, are held and firmly bound unto the County Judge of the county of Wichita and his successors in office, in the sum of One Hundred & Twenty five thousand Dollars conditioned that the above bound M. C. White, who has been appointed Executrix of the last Will & Testament of C. C. White deceased shall well and truly
p. 127
perform all the duties required of him under said appointment.
M. C. White
S. H. Hodges
F. M. Avis
J. D. Avis
T. M. Palmer
Approved this the Twenty third 23rd day of December 1896.
J. H. Barwise County Judge
Wichita County Texas
...
p. 128
Estate of C. C. White Decd
M. C. White Executrix Wichita Falls Texas
... we the undersigned submit the following as a complete list & inventory of the Community property between the said C. C. White Decd & his wife M. C. White as pointed out to us by said executrix.
Stock of dry goods $2650
100 shares stock Gainesville Nat Bank $21000
61 shares stock Panhandle NB $6100
Hardware Plow &c $250
3/4 int in 20 head Horses & mules $300
Miscellaneous Property Old Plows Harrows $45
Seven head Mules $210
Wagon & Safe $60
1/2 int in 42 head Horses & mules $420
240 acres Jno. A. Scott Survey No. 8 $2160
150 acres Jno. A. Scott Survey No. 5 $1350
179 acres Childress Survey $2148
230 acres L. F. Round $1150
Lot 5 Block 196 Wichita Falls $400
1/2 Lot Block 164 Wichita Falls $1650
1/2 2&3 Block 196 $10466
Lot 24 Block 3 Throckmorton $250
Lot 2, 3, & 4 Block 17 Quannah $400
73/100 Int in 1/2 Lot Haskell 10 acres 5 Rome[?] $450
1/2 Int in Lot in Bowie $50
5 Lots & Brick residence Montague $650
1/3 Int in Brick House Ohio Av $500
Homestead on Hill $2250
$54909
... [appraisers] R. M. Moore, W. M. McGragor ... 12th day of Dec 1896
...
p. 129
Now comes M. C. White administratrix of the Estate of C. C. White Decd and respectfully submits the following as complete list of all community claims due the estate of said C. C. White Decd to wit:
...
[list of claims due the estate, i.e., money loaned out -
208 items totaling $52700 ]
...
Cash on deposit Panhandle Nat Bank $9550
...
p. 135
Subscribed and sworn to before me by M. C. White on the 22nd day of December 1896
C. E. Reid Clerk County Court
Wichita County Texas
Summary of Settlement of Estate. Abstracts of p. 177-182
(Dollar values are approximate)
M. C. White used son-in-law S. H. Hodges as her attorney and in the end:
She got 1/2 as community property: $117150/2 = $58575
She also got 1/2 of his portion per his wishes: $58575/2 = $29288
Leaving remainder available for distribution: $29288
About $11000 of claims could not be collected, leaving about $18288 for distribution, as follows:
R. White = $100
L. Cogdell = $500
J. D. Avis = $7000 plus her personal obligation for rest of the $10000 per will
F. M. Avis = $4500 plus her personal obligation for rest of the $10000 per will
N. Hodges = $2000 plus her personal obligation for rest of the $10000 per will
M. Palmer = $4500 plus her personal obligation for rest of the $10000 per will
Totaling $18600
