Last Will and Testament
of
The Good Doctor Joseph Weir Matthews
Son of the Rev. Jacob Matthews
(Will on file at the county Court House, Caldwell, Burleson County,
Texas)
NO 860.
APPLICATION FOR PROBATE OF LAST WILL.
THE STATE OF Texas) ESTATE OF J.W. MATTHEWS DECEASED.
) IN COUNTY COURT OF BURLESON COUNTY Texas.
COUNTY OF BURLESON) SEPTEMBER TERM A.D. 1828
TO THE HONORABLE COUNTY COURT IN AND FOR BURLESON COUNTY;-
1-- Now cones J. Louis Giddings and respectfully shows to the court
that he resides in Burleson
County, Texas; that J.W. Matthews is dead; that he died on or about
the ____ day of June A.D.
1928 at Caldwell, Burleson County, Texas; that said deceased at
the time of his death was
resident of the County of Burleson. In the state of Texas.
2--That at the tine of his death the said J.W. Matthews was seized
and possessed of real and
personal property of the probable value of Five Thousand Dollars,
and left a written will duly
and herewith filed, in which tour petitioner was appointed executor,
and said will directs that no
bond be required of said executor.
3--That your petitioner is not disqualified by law from accepting
letters testamentary.
4-- That said will provides and appoints your petitioner executor
thereof without bond for his
legal performance of the same, and further provides that no further
action be had or taken
by said estate.
Bowers & Bower___________
Attorneys for Petitioner.
CITATION.
THE STATE OF Texas.
TO THE SHERIFF OR ANY CONSTABLE BURLESON COUNTY GREETING:
YOU ARE HEREBY COMMANDED to cause to be published once each week
for a period of
ten days before the return day hereof, in a newspaper of general
circulation, which had been
continuously and regularly published for a period of not less the
one year in said Burleson County,
a Copy of the following notice:
THE STATE OF TEXAS:
To all persons interested in the Estate of J.W. Matthews, Deceased,
J. Louis Giddings has filed in the County Court of Burleson County,
an application for the Probate
of the last Will and Testament of said J.W. Matthews deceased, filed
with said application, and for
Letters Testamentary which will be heard at the next term of said
Court, commencing in the first
Monday in Sept. A.D. 1928 at the Court House thereof, in Caldwell,
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 first day
of the next term thereof this
Writ, with you return thereon, showing how you have executed the
same.
Given under my hand and seal of said Court, at office in Caldwell
this the 1 day of Aug. A.D. 1928.
(Seal)
W.H. Hundley_____ _______
Clerk County Court, Burleson County, Texas
SHERIFFS RETURN.
Came to hand on the 2 day of Aug. A.D. 1928 at ___ M. and executed
in the 2 day of Aug. A.D.
1928 by causing a true copy of the within notice to be published
once a week for a period of ten
days before the return day hereof in the Caldwell News and Burleson
Co. Ledger a newspaper
of general circulation, which has been continuously and regularly
published for a period of more
than one year in Burleson County, TEXAS, and this writ is returned
accompanied by the
affidavit of the publisher of said newspaper, as required by law.
Clint D. Lewis________________
Sheriff Burleson County, Texas
By Eugene Bates- Deputy.
AFFIDAVIT OF PUBLISHER.
THE STATE OF TEXAS)
COUNTY OF BURLESON) Before me the undersigned authority on this
day personally appeared
C.E. Cromartie known to me who, being by me sworn on his oath deposes
and says that he is the
Publisher of the Caldwell News a newspaper of general circulation
published in said County; that
said newspaper had been continuously and regularly published in
said County for a period of more
than one year; that a copy of the within and foregoing notice was
published in said newspaper at
lease once a week for a period of ten days before the return day
named therein such publication
being on the following dates Aug. 3rd, 10th and 17th A.D. 1928,
and a newspaper copy of which
is hereto attached.
C.E. Cromartie.______________ _
Swore to and subscribed before me, this 1 say of Sept. A.D. 1928.
W.H. Hudley__________________
(Seal)
County Clerk.
NO. 860. )IN
THE PROBATE COURT OF
IN THE MATTER OF THE ESTATE OF )BURLESON COUNTY TEXAS
J.W. MATTHEWS )SEPTEMBER TERM A.D.
1928
On this the 5th day of September A.D. 1928 personally appeared in
open Court, F.H. Hitchook
who, being duly sworn, deposes and says, that on the 14th day of
October A.D. 1920 he was
present and saw J.W. Matthews sign the instrument filed in this
Court in the 1st day of August
A.D. 1928, and now shown to him, bearing date the 14th day of October
A.D. 1920 and
purporting to be the last will of him the said J.W. Matthews, and
heard him publish and declare
the same to be his last will and testament; that at the time of
signing and publishing the same,
the said J.W. Matthews was over twenty-one years of age, and of
sound mind; that this affiant
and W.M. Stone whose signature appears on said instrument on said
14th day of October A.D.
1920, then being credible witnesses above the age of fourteen years,
subscribed their names
as witnesses to the same, in the presence and at the request of
said testator, and in the presence
of each other. That afterwards on the 13th day of June A.D. 1928,
said J.W. Matthews died in
said County of Burleson, in which he had his domicile at and before
his death and without having
revoked said will, so far as known to affiant.
F.H. Hitchcock____________
Sworn to and subscribed in open court before me this the 5th day
of Sept. A.D. 1928.
(Seal)
W.H. Hudley_____________
County Clerk Burleson County, Texas
WILL
STATE OF TEXAS ))
COUNTY OF BURLESON ) KNOW ALL MEN BY THESE PRESENTS:
That I, Joseph Weir Matthews of the State and County aforesaid being
of sound mind and
disposing memory; do make public this to be my last Will and Testament,
hereby revoking
any and all wills I may have heretofore made.
FIRST (1)- It is my will and I so direct that all of my just debts
be paid out of my estate by
my executor, hereinafter named, as soon as it is possible for him
to do after my decease.
SECOND (2)- It is my will & and I so direct that all of my personal
property located & situated
in my home in Caldwell, Burleson Co. Texas be & an the same
is hereby given and bequeaved
unto my beloved daughter Maude Giddings, wife of J. Louis Giddings,
it being intended by this
bequest to give unto my said daughter Maude Giddings all personal
property in and about my
said home. This special bequest on account of the special care,
love and affection of the said
daughter has shown towards myself and my deceased wife.
THIRD (3)- All other property either personal. Real or mixed of
whatever kind or description
that I shall die sized possessed of, I will & direct be divided
equally between all children, Alma
M. Womack, wife of M.L. Womack Jr,. of Jefferson Co., May Clare
Campbell wife of John S.
Campbell of Ellis Co, Texas, L. Weir Matthews of Jefferson Co. Texas,
Maude Giddings wife
of J. Louis Giddings of Burleson Co. Texas, my said four children
to so inherit said property
share & share alike.
FOURTH (4)- In the event my Executor may deem it fir the best interest
of the beneficiaries
under this will, he is authorized to dispose of & convert into
cash all property 4th of which I may
die possessed & divide such amounts so received in accordance
with the terms herein provided.
My Executor is to be the sole an only judge as to the best manner
in which my estate shall be
handled.
I do hereby nominate and appoint J. Louis Giddings, Burleson County,
State of Texas, as the
Executor of this my last Will and Testament. I do further direct
that my said executor shall not
be required to give and bond or others security as such executor,
and that no further action be
taken in the County or other Courts except the probating of this
& testament and inventory &
appraisement of my Estate and list of claims.
The said executor above mened to serve without compensation.
In witness whereof I have hereunto set my name in presence _________
who at my request
have signed the same attesting witness. Done & signed at Caldwell,
Texas, this 14th day of
October 1920.
J.W. Matthews___________
The above and foregoing will was signed in our presence & at
the request of Testator. We
sign out names as witnesses in his presence & the presence of
each other & at the time such
signing said Testator published & declared said will to be his
last Will & Testament.
(W.M. Stone_____________
Witnesses (
(F.H. Hitchcock__________
NO 860.
)IN THE PROBATE COURT OF BURLESON COUNTY Texas
IN THE MATTER OF THE ESTATE OF )SEPTEMBER TERM A.D. 1928
J.W. MATTHEWS, DECEASED )SEPTEMBER 15th
1928
On this the 6th day of September A.D. 1928, came on to be heard
the application of J.
Louis Giddings, for probate of the last Will and Testament of J.W.
Matthews, 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
thereon has been duly made, and that said J. Louis Giddings has
been named and
appointed in said will executor thereof and that he is not disqualified
therefore.
It is therefore ordered, adjudged and decreed by the Court, that
the said last will and
testament of the said J.W. Matthews, 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 there of be granted to the said
J.Louis Giddings,
he having first taken the required oath, and no bond is required
of him by said Testator,
and he shall not be required to five bond as such executor.
And it further appearing to the Court that F.H. Hitchcock and A.F.
Grabow and J.R. Wooden
are citizens of Burleson County, Texas, and disinterested persons
in said estate it is therefore
ordered that they, or any two of them, be and hereby appointed to
appraise the estate both real
and personal of said J.W. Matthews, deceased.
OATH: I DO SOLEMNLY SWEAR, That the instrument filed in this Court
Aug. 8, 1928
for Probate is the last Will of J.W. Matthews deceased, which had
never been revoked so
far as I know or believe and that I will well and truly perform
all the duties of Executor of
the Estate of said J.W. Matthews, deceased.
J. Louis Giddings._____________
Sworn to and subscribed before me the 6 day of Sept. 1928
W.H. Hundley________________
County Clerk
-------------------------------------------
NO. 860
INVENTORY AND APPRAISEMENT.
IN THE MATTER OF THE ESTATE OF ) IN PROBATE COURT
OF BURLESON COUNTY TEXAS
J.W. MATTHEWS DECEASED
) SEPTEMBER TERM A.D. 1928
INVENTORY AND APPRAISEMENT of the Estate of J.W. Matthews,
deceased. Produced
before the undersigned appraisers on the 11 day of Sept. A.D. 1928
by J. Louis Giddings,
Executor of the Estate of J.W. Matthews, deceased;
SEPARATE PROPERTY-----------------------NONE.
COMMUNITY PROPERTY.
A part of Block Two (2) between Fox and Buck Streets in the Town
of Caldwell in Burleson
County Texas, appraised at ----------------------------$4000.00
Household effects and every thing of personal nature in the house
upon the above
Lot, which was the home of said J.W. Matthews, deceased, produced
before us by J. Louis
Giddings, Executor.
A.F. Grabow__________
F.H. Hitchcock________
Sworn to and subscribed before me this 11th day of September A.D.
1928
(Seal)
W.H. Hundley_____ __
County Clerk Burleson County, Texas
LIST OF CLAIMS.
NONE.
I, J. Louis Giddings do solemnly swear that the foregoing inventory
and list of claims is a
full and complete inventory and list of the property and claims
of J.W. Matthews, deceased,
my testator, that have come to my knowledge.
J. Louis Giddings.____
Executor
Sworn to and subscribed before me this the 11 day of September A.D.
1928, to certify which
witness my hand and seal of office.
W.H. Hundley_____ ___
County Clerk Burleson County, Texas
ORDER APPROVING INVENTORY AND APPRAISEMENT.
NO 860.
) IN THE PROBATE COURT OF
IN THE MATTER OF THE ESTATE OF ) BURLESON COUNTY TEXAS
J.W. MATTHEWS DECEASED. ) SEPTEMBER TERM
A.D. 1928
On this the 11 day of Sept. A.D. 1928 during the regular Sept. Term
A.D. 1928 of the
Probate Court of Burleson County, Texas, came on to be heard the
inventory, appraisement
and list of claims of the above estate; and no objection to be filed
or heard thereto, and the
same being in all things according to law; it is ordered adjudged
and decreed that said
inventory, appraisement and list be and it is hereby approved, and
the Clerk of the Court is
authorized and directed to file and record the same in the Probate
minutes of this Court as a
part of the record in the estate of said J.W. Matthews. Deceased.