Last Will and Testament - Margaret Powell - 02/24/86 LAST WILL AND TESTAMENT
OF
MARGARET POWELL
THE STATE OF TEXAS X {
KNOW ALL MEN BY THESE PRESENTS ;
COUNTY OF WALKER I s
I, MARGARET POWELL, a resident of Walker County, Texas,
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do make, publish, and declare this to be my Last Will and Testa-
ment, hereby revoking any and all Wills and Codicils or other
instruments of testamentary nature, heretofore executed or made
by me.
I.
' I declare, that I am not married and that I have no direct
descendants to wham I have entrusted funeral or burial arrangements:
however, I have or- will .make suitable funeral arrangements prior
to my death and have or will have placed suitable instructions with
my Executor who is entrusted with such responsibility. I hereby
.. direct.that my Executor confirm and ratify funeral expenses in-
curred as a result of my instructions and that such expenses be
paid by my said Executor as soon as practical after my death.
It is my intention. to dispose of all real and personal
property which I have the,-right to dispose of by my Last Will and
Testament. References in this instrument to the disposition of
real and personal properties shall mean and shall be construed to f
a. mean disposition of whatever interests I might own in such proper-
+ . ties, whether such be full ownership or undivided interests as a
; • cotenant or tenant in common.
I direct that my Executor proceed with the collection of x,04
Or
mY Estate as soon after my death as feasible and that he be `
$5,000.00, plus expenses for such actions as may be required. I
direct that all proper debts, expenses of last illness and funeral
expenses, as directed above, be paid as soon as possible after this
instrument is admitted to Probate and as deemed consistent with the
proper preservation of my Estate.
APR 2 41881
CoUjily.ftuty ;
/7/73
All bequests made in this instrument shall be made only +
after all expenses of administration and of my Estate are fully
satisfied. I further direct that all death, inheritance, succes-
sion or other taxes due and payable to the State, Federal or other
> taxing agencies by virtue of my death or any bequests or devises
herein made shall be net to the beneficiary.
j IZI.
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In the event that Mary Ella Montague predeceases me or
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i does not survive me for sixty (60) days, my dog, Tige, I then Will
and bequeath to John and Mary Lee Montague. Tige and the cash
f sum of Three Thousand ($3,000) Dollars, for keeping him until his
death. The sum is to be pre-tax paid from my Estate.
Iv.
REAL ESTATE AND PERSONAL PROPERTY
' I hereby Will, Devise and Bequeath my property and Estate,
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h� real, personal and mixed as follows;
(1) All real estate owned by me at my death, or mental
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or physical incapacity, including my half interest in all property
located •at 2416 Ave. P, Huntsville, Texas, are to be placed on sale
4 six months or before, following my death. se
Z, ,, .26� B2oel� 9-, jain�ly-srwned.by~Mar}-Ell
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rft „`_spa-r�..�,ti * .�. ► s� �;..e...�d
}� (2) Sales from the above property are to be distributed
jas follows;
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$5,000.00 to Laura K. Miller.
f $5,000.00 to James Powell Clifton or his widow, as the case
+ � may be.
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$2,000.00 to Mrs. Elmer Nelson, of pavasota, Texas.
f x 27 yx.�a,.l;++. Sw a �wc a, 5•ao �-
The residue oY he monies to be distributed on an equal blsis to
The .Deft, ouetan State W�iYe # ►t tkeiouston
}{; ma-_Department; the Methodist Church (First
United) , Huntsville, Texas; the Physical Education Department, Sam
a Houston State University, and Grandpersons of Huntsville, Texas.
�} (3) All household furniture, clothing, silver and other
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tangible assets are to go to Mary 'Ella Montague, with the following
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exceptions:
. (A) My diamond rings and fur coat go to Laura Katherine
Miller of Sulphur Springs,. Texas.
.(B) ten .
Dion-of the Montaya Mexican painting golng to Mrs.
Ben Gresham.
(4) All bonds, stock certificates, cash or notes held by '
. A
me :other than assets. listed above are to be treated as the Margaret c
Powell 'EState. Mary Ella Montague does not share in any of the
disbursement of said Estate. The Estate is to be distributed as
prescribed in Paragraph VI below.
VI.
RESIDUE OF ESTATE
All the rest, remainder, and residue of the Margaret Powell
Estate. which shall consist of all the remaining property of my .
Estate, not otherwise disposed of in Paragraph IV above, shall be
liquidated by my Executor and my residue or residual Estate shall
become a cash Estate. . Said residual Estate I then Will and Bequeath,
in-,accordance with the following conditions:
(A) Mrs. Laura -Katherine Miller, Sulphur Springs, Texas,
the sum of i usand ($',EO,000) Dollars;
(B) Powell Clifton,�Sulph Springs, Texas, the sum of
'Pen Thousand ($14,000) Dollars;
(C) ' Mrs. Mattie Melissa Davenport, Huntsville, Texas,
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the sum of One Thousand Five Hundred ($1,500) Dollarst
(D) Francita Shaw, Huntsville, Texas, the sum bf Five
Hundred ($500) Dollars=
(E) Mrs. Ruby Williams, Huntsville, Texas, the sum of
Five Hundred ($500) Dollarst
' Tw•�
(F) Mrs. E1mer.Nelson, if living, the sum of Gae Thousand
($JL,000) Dollars. �f( +
(�• v-+ti*� �c.t. '1`�*�...�e.,�l So-o.ool—�^.r�- �.yt
VII.
After providing for all the bequests set forth above, if
there atill remain residual funds in my Estate, I then bequeath
those funds as follows:
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(A) The Margaret Powell Scholarship Fund in Physical
Education, Sam .Houston State University
(B) The Hospital Auxiliary of Huntsville, Texas
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(C) The First United Methodist Church, Huntsville,
Texas - 58;
(D) St. James United Methodist Church, Huntsville,
Texas - 58;
`j (E) The Waco Methodist Home for Boys and Girls, Waco,
Texas - 58;
(F) The remaining residue of the Estate shall be divided
equally between Southern-Methodist Alumni Associa-
tion, The Sam Houston State University Alumni Asso-
ciation, The Grandpersons Organization of Huntsville,
and The Huntsville Public Library,
�y VIII.
FI
If any natural beneficiary or distributee listed under any
paragraph in this my Last Will and Testament predeceases me, and
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no other contingent disposition is made of such bequest; then, in
that event, the bequest shall lapse and the portion of my Estate
intended for. such deceased beneficiary shall become part of my
r4 residuary Estate.
AO
IX.
I hereby Constitute and•Appoint Ben Greshamlandfor Edwin
1 Sandhop, Independent Co-Executors of this my Last Will and Testa-
ment. Edwin Sandhop is not to be consulted or have power over my
estate unless Ben Gresham so desires. I direct that no action
#� shall be taken in any court in the administration of my Estate
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other than the probating and recording of this my Last Will and
Testament and the return of an Inventory .and List of Claims of my
;l Estate. , Said Executor(s) shall serve without bond and the use of
the word "Exacutor" shall include both named co-Executors, if•a
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}� second one is needed. My Executors shall have full authority to
'j sell, convey or otherwise dispose of any portion of my Estate, real,
personal or otherwise, in order to reduce said Estate to the Cash
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Estate required for disbursement under the terms of this my Last
Will and Testament or to convey any property to any beneficiary.
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IN WITNESS WHEREOF, I have signed, published, and E
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declared •this to be my Last .Will and Testimony, on this the 13th i
day of August, A.D. , 1960.0. .
MARGARET POWELL, Testatrix i
Witness O
Witness
TIIE :STATE OF TEXAS X !
COUNTY OF WALKER X '
BEFORE ME, the undersigned authority, on this day per-
sonall appeared MARGARET POWELL, Testatrix, h7lfC AX L'AJ W. S kY19 lGR +
and �/�u L W. M,fzfi P_LG , known to me to e the Testatrix'and I
the witnesses, respectively,whose names are subscribed to the fore-
going instrument in their respective capacities, and all of said
persons being by me duly sworn, the said MARGARET POWELL, Testatrix,
declared to me and to the said witnesses in my presence that said
instrument is her Last Will and Testament and that she had willingly
made and executed it as her free act and deed for the purposes there-
in expressed; and the said witnesses, each on his oath stated to me,
in the, presence and hearing of the said Testatrix that the said +
Testatrix had declared to them that .the said instrument is her Last
Will and Testament, .and that she executed same as such and wanted '
each of them to sign it as a witness; and upon their oaths each
witness further stated that they did sign the same as witnesses in
the presence of said Testatrix and at her request; that she was at
that time over the age of eighteen (18) years, and was of sound
mind and that each of said witnesses was then at least fourteen (14)
years of age.
f4ARG?.PJET POWELL, Testatr x
W t ess
Witness
SUBSCRIBED AND ACKNOWLEDGED before me by the said MARGARET
POWELL, Testatrix, and subscribed and s orn to before me by the said
py, ' and 1-'4a,4 it). M,t e.A o•//
W • s,-..this 13th day of August, A.D. ," 1930. ,
`�r t ry Public and or
�•.,My ,dommi,ddian expires: Walker County, Texas
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♦Y .r • « ,w I--- •, •, _ 1 w••. �w• IwX\Y!.• ' 'T'L"IOi•. �
THE STATE OF TEXAS X THIS CERTIFIES that tfie foregoing Instrucna t ass
UNTY OF WALKER - X Piled for record In cry orrice on the a day
19'S/ and aae duly recorded by ore on the oQ ay of
m Hu— : 1981 , in YOLU a -'I- PAGE, 723 of 'the
records of stalker ounty, Texas.
JAMES D. PATTON, CLERK
WALKER COUNTY, TEXAS
. 87C: DBITTY
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THE STATE OF TEXAS
TO ALL PERSONS INTERESTED IN THE ESTATE OF t
1' MARGARET POWELL,_also known as VIRG NTA MARGARET DOWEL• . Deceased.
No In P=batr- , County Court at Law of Walker • County, Texas. i
BEN S. GRESHAM
filed in the County Court -at Law of Walker County, Texas, on the 29th day of
April 19
29-Al—an application for Probate of the last Will and
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Testament of Margaret Powell, also known as Virginia Margaret Powell,
Deceased, and that he be appointed• Independent Executor, without bond,
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as provided in said Will accompanying said application.
Said application will be heard and acted on by said Court at 10 o'clock A.M. on the first Afonday
next after the expiration of ten days from date of'posting this citation, the same being.the lth
day of May _. ; 19$i, at the County Courthouse Huntsville Texas.
All persons interested inAhe above mentioned estate are herebyeltod to appear before said Honor. ;
able Court at said above mentioned time and place by filing a written answer contesting such application
should they desire to do so.
The officer executing this citation shall post the copy of this citation at the courthouse door of the
county in which•this proceeding is pending, or at the place'in 'or near said courthouse where public
notices customarily are posted, for mot'less tliat 10 days-before the return day thereof, exclusive of
the date of posting and return the original copy of this citation to the clerk stating in a written return
thereon the.time when and the place where he posted such copy.
GIVEN.UNDER AfY HAND AND THE SEAL OF SAID COURT at office in Huntsville,
Walker County , Texas, this the 29th day of April A.D. 79 AL
JAMES D. PATTON
Clerk of the County Cow•t.
WALKER {
(SEAL) County,Teas.
Deputy
- - .ICE 4178
--- - � ri Cl ,
�y SHERIFFS RETURN =1.
Came to band on the 29th day of April L ..._A.D. 391LI_at 3 o'clock P s,11., and
executed an the 29th day or April a n.19 gl by posting a copy of the within citation for ten
days,exclusive of the day of posting.before.the return day hereof.at the County Courthouse door of Walker
County,Texas,or at the place in or near the said courthouse where public notices customarily are posted.
FEE
yf� k, D. White ,Sheriff,
i r Posting Citation . • • • •.. $5-00 ___ Walker. _ County. Texas
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BY eputy.
Af
` of Instrument was
TEE STATE OF TEXAS X THIS cERTIFZES that my office ongthe day
WALKER X filed for record in my office
o the y of
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and was duly recorded AGE �r,q of e
1981 . in VHZRk: ' Texas.—f1'Z
recorda• of walker CLERK
WALKER ;OUNTY NTEXAASS
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x: NO. 4485
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IN RE: ESTATE OF X IN THE COUNTY COURT AT LAW
MARGARET POWELL, X OF -WALKER COUNTY, TEXAS
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DECEASED X SITTING IN PROBATE
INVENTORY & APPRAISEMENT & LIST OF CLAIMS t
Date of Death: Agril 27, 1981
TO THE HONORABLE JUDGE OF SAID COURT:
The following is a full, true and complete Inventory and
A raisement of all real and
pp personal property, together with a
F:
is
List of Claims due and owing to or by this Estate, which have come f
into the possession or knowledge of BEN S. GRESHAM, Independent
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Executor of said Estate: :#
INVENTORY AND APPRAISEMENT
Real Property, from Schedule A. . . . . . . . . . .. . . . .. . . . . . . . . .5 35,500.00
Stocks and Bonds, from Schedule B. . . . . . . . . . .. . . ... .. . . . . . 30,123.24.
Mortgages, Notes and Cash, .from Schedule C. .. . . . . . .. . . . . . 225,345.07
Life Insurance, from Schedule D. . . . . . . . . . . . . . .. . . . .. . . . . . 4,000.00 �
Other ,Miscellaneous Property, from Schedule F. .. . . .. . . . . . 17,,280.00 ,
Annuities, from Schedule I.. . . . .. . ... . . . . . . . . .. . ... . . . . . . 1,500.00
TOTAL GROSS ESTATE. .. .. . .. . .. .. . . . . . . . . . .. . . .... . . .,. . . . . .$313,748.31 . •
LESS CLAIMS, FUNERAL EXPENSES AND EXPENSES
INCIDENT TO ADMINISTRATION OF ESTATE FROM "
SCHEDULE J.... .. .... . ... . .. . .... . .... . .. ..... .. ... . ... .. .. 53,700.13
NET ESTATE. .... .. .. ... . . .. ... .. .. . .. .. .. .. .... . ... . .. ... .$260,048.18
I, BEN S. GRESHAM, Independent Executor of the Estate of ,.
MARGARET POWELL, Deceased, do solemnly swear that the foregoing
Inventory, Appraisement.and List of Claims, is..a full and complete
inventory, appraisement and list of the property and claims awed to
or by, the Estate of MARGARET POWELL, Deceased, that have come to
my knowledge.
• V d
t3 . G 5HAM, Indepeadent.Executor
s:
FILED FOR RECORD
X 0`cjock M
J 11L 2.21981
1.D.PATTON,WALKER COUNTY,TEXAS
by dequty ,
V:OL 044 PAA0
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SUBSCRIBED AND SWORN TO BEFORE ME,• on .this AAI�day
of July, A. D. 1981.
Bar aia Clendennen, Notary Public
THE STATE OF TEXAS 6/2l/84
My Commission: Expires:
C. HENNETT 02138000
ATTORNEY FOR SAID ESTATE
P. O. Box 308
Huntsville, Texas 77340
Phone: A/C 713:/295-5492
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VOL 0411 PAGE4 1
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SCHEDULE A
REAL ESTATE
1• An undivided 1/2 interest in and to the
house and lot on which it is situated, r
at 2416 Avenue P, in Huntsville, Walker
County, Texas, said lot being approximately
65 feet wide by 110 feet deep, and the F
other 1/2 interest is. owned by Mary Ella k
Montague, of the total reasonable cash
market value of ,$63,000.00, with Decedent's j
undivided 1/2 interest therein being of the
value of. . . . . . . . . . . . . . . .. . . . . . . . .. .. . . . . .. . . . . . .. . . .$ 31,500.00
. .
2. An undivided 1/2 interest in and to lot
No. 25, in Block No. 9, in Section No.
1 of Elkins Lake Subdivision in Walker
County, Texas, the other 1/2 interest being
owned by Mary Ella Montague, of the total
reasonable market value of $8,000.00, with
Decedent's undivided 1/2• interest therein
being of the value of. .. . . . . . . ... . . .. .. .. : . .. . .: . .. . . 4,000.00
TOTAL REAL PROPERTY. . . . . . .. . . . . . . . . . . . . . . . .. . . . . .. . .. . . .$ 35,500.00
SCHEDULE B
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STOCKS AND BONDS
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1. 298 shares of common stock of Houston .
Natural Gas Corporation at $44.50. . ....'.... ......, ..$ 131261..00 } :
2. .100 shares of common stock of Public {
Service Company of New Mexico at $21.75.:'. ..... .:.. . 2,175.00.
3.' 1.56 shares of common stock of Tracor, 2nd, E
at $48.00. . . . . . . . . . . . . . . . .. . . . . .. . .. .. . ... ... . . .. .. . 7,488.00
4. 100 shares of St. Paul Securities, Inc,
at $8.25. . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . .. . .. . . . . ...-. ' 825.00
5: 100 shares of Occidental Petroleum .•"
Corporation at $29.00. .. . .. . . . ... .. . . . ... . . .. . . . . . . . 2,900.00
6. . 60 shares of IT & T common stock at $.31.00.... ... . . .. 1,860.00 I
7. 175.080 shares of Pilot Fund at $9.22.. . ... . ... .. . . ..,. 1,,614.24 3 ..
TOTAL STOCKS AND BONDS... . . . . . . . . . .. ... . . . ... . . . . . .... . . . .$ 3.0,123.2.4
SCHE� DULE C
MORTGAGES, NOTES AND CASH
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1. Checking Account No. 014530 in First . fi ;
National Bank of Huntsville, Texas. . . . ... ... . .. . . . . . .
$ 5,618.88 r °
2. Passbook Savings Account 'in Huntsville
Savings and Loan Association at 5*-1/0'.
interest.. . . .. ...... . .... .. . .. . . . . . . .. . . .. . . . .. . . : . . 10,050.97
VOL FAGt7
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3. Brazos Savings - money Tree, 5-1j4%
interest. . . .. .. . . . . . . .... .. ..w ....... » . ..... .. •...,$ . 1,8db.37 s
4. Walker County Teacher Federal Credit }
Union. . .. . . . .. . . .. . . ... . . . . : ....... ... . . ..... ..... 2,141.05 '
5_ Misc6llaneous cash found in the house. . .. . . . ...... .. . 19.33 .
CERTIFICATES OF. DEPOS'IT IN HUNTSVILLE SAVINGS AND
i LOAN A.S YOCIA'.t ION
6. No. 201896 maturing 6-11-81 at 15.319%
interest. ... ..... .... .... ... .. ......... . .. . . .... . . . . 10,000.00
Interest., .. ... 574.99
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7. No. 201914 maturing 6-19-81 at 15.673$
interest... .. ............ .. . .... ..... .» .. . .. .. . .. . . .
_ 10,000,00
Interest... .... 553.92
S. No. 40334 at 9.506 interest maturing
12-16-82 10,000.00
Interest... .. .. 109.31
9. No. 40412 at 9.50% interest maturing
1-24-83. . . . .. . . . ... ..i ...... .»..... •... . .......•..,.. 10,000.00
Interest. ,,... .
7.81
10.. 'No. 201569 at 13.432% interest
maturing 7-09-81,. . . . . . . .. . .. .... . . . .. . ... . . . . . . ..... 10,000.00
Interest. . . .. .. 397«44
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11. No. 201601 at 14.721% interest
maturing 7-23-81. . . ... . I . . .. .. . .. . .. « . .. . . . .. . . . .. . . 10,000.00
Interest.. ... .. 379.12
12. No. 202049 at 15.0108 interest
maturing 8-24-81. . . . .... . . .. . .. .... .. ... ... . .. .... .. 20,000.00
Interest. . ..... 509.93
13.. No. 71039 at 7.508 interest
maturing 11-16x81....... . . . .... .. .... . . . . . . . ... .. ... 5,000.00
Interest. .. . . .. 71.92 k:
CERTIFICATES OF DEPOSIT IN HUNTSVILLE NATIONAL, BANK
14. No. 100-5704 at 13.481% interest
maturing 5-15-81. ......... ......................».., 10,000.00
Interest.... ... 605.72
I 15. " No. 100-6028 at 14.478% interest
maturing 7-20-81.... ................... .........«,. . 10,000.00
Interest... .... 384.75
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16. No. 100-6153 at. 14.68% interest
maturing 8-14-01...o. . ...... .. .. ........ ... ..... ... 10,000.00
Interest.... ... 289.58
CERTIFICATES OF DFPOSIT. IN LUFKIN FEDERAL SAVINGS E
AND LOtiN ASSOCIA`T'ION t
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17. No. 0631 at 14.03 ; interest
maturing 10-01-81.. . .. . . .. ... ... . . ... . . . . .. . . .». . . . . 10,596.76
Interest. . .. . .. 1.05.90
18. No. 710718 at 14.3838 interest
maturing 9-08-81.. o . . .. .. . .. . . .. . .... .. . .. ... . . . . 11,063.73
Interest. . . .. . . 213.63
VOL e %E423
_ 19. No, 710903 at 14.3718 interest
maturing 8-02-81. .... ...... .. .......... . . . . . . .. . .. . ..$ 10,590.68
Interest..... . . 350.26
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20. No. 710708 at 15.018 interest
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maturing 8-19-81... .... .. . . . . . ... .... ... . . . . . . . . . . . . 10,499.38
Interest...... . . 289.29
21. . No. 711238 at 14.3838 interest t
maturing 9-08'-81... .. .. . . . . . :...... ... ..:.. .. ... 10,000.00
Interest. .. . .. . 193.08 f
22. No. 711093 at 14.0338 interest
maturing 10-07-81.. . . ... . .. . . .. . . .. ... .. . : . ::.. . . . . . 25,000.00
Interest. ... .. . 192.23
23. Balance due on $8,250.00
Vendor's Lien Note of Franklin
D. Rich, dated 9'-26-80, secured
by lien on Robinson Way lot. . .. ... ...... .. .. . . .. . . 7,439.04 F •
24. American Express Travelers- checks. . . .. ..... ... . ,:.. .. . 290.00
TOTAL... .. . . .. . .. . ... . .. .. ... . . . ... . . . . .. . . . . ... . .. . . . .$ 07,
SCHEDULE D
INSURANCE ON DECEDENT'S LIFE
1, Walker County Federal Credit Union insurance. . . . .. .. .$ 1,500.00. t
2. College Co-Op Insurance. .. .. . . .. . ... .... ............. 2,540.00
TOTAL. . . . . . . . . . . . .. . . . .. . .. ..:. ......... ..... ...... ....$ 4,000.00 F
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SCHEDULE F
OTHER MISCELLANEOUS PROPERTY
1. Large diamond ring. . ..... . ... . .... .. . ... .... ... . ... .$ 10,000.00
2. One small diamond ring.. .. . ......... .. ........ ...... 800.00
<; 3. 1979 Ford Fairmont 4-door automobile.. . . .. . .. .. . . .. 3,950.00
4. 25 caliber automatic pistol. ....... .......... ....... 35.00
5. Miscellaneous costume jewelry (adds & ends,
etc.) . .. ... .... .......... ... ...................... ... 50.00
6. Electric clock... . . ... .. .. .. .. . . .. ... . . . ... . .. . . .. .. . 15.00
7. Old typewriter. . . . . . . .. . .. . . . .. . . . . . . . . . .. . . . . 50.00
8. Set of golf clubs, bag and cart for bag. .......... . . 90.00
9. Everyday dishes, . . .. . .. . . .. . .. ... . . . .. .. .... .. . . .. . 35.00
10. Set of stainless steel tableware. . . .. .. .. .. .. . . ... . . 60.0.0
11. Set of bone china-Harvest Ring...,................ . . 75.00
12. Set of silver plated platters-. . . ..... . ... ... . .. . . . 215.00
13. Crystal glasses. .. . .. .. .... .... .. ... ... ... ... .... . . . 80.00
14. Silver plated tray... .... ...... .......... .......... 90.00
15. Three suit cases... .. . .. . . ... .. .. .. .. .. . . ... .. . .. . . . 65.00
? 16. one tote bag.. .. ... .. ... .....1.... . .. ....... ..... . .. . 15.00
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17. Furniture in house- ......... ............... .... .. . 1,655.00
TOTAL. . . . . .. . . . . . . . . . . .. .. . .. . .. .. ..... .. .... .. . . .. .. . .. .$ 17,280.00
SCHEDULE I
ANNUITIES
1. Teacher Returement System of Texas.. .. .. .. .. . . . . . ..$ 1,500.00
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VOL 044 PA(,E425
SCHEDULE J c'
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FUNERAL EXPENSES AND EXPENSES INCURRED `""
IN ADMINISTERING PROPERTY SUBJECT TO CLAIMS
A. Funeral Expenses: '
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1, Huntsville Funeral Home. . ..,. .... ... .$ 4,972.00
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2. Flowers by Janice for casket spray.. . ... . . . . .. . . . 78..75
3. Preacher Comptom for. funeral service... . . . . . . . . . 100.00
4. Musician and singer at $40.00 each... . ..`. ..,..... 80.00
B. Administration Expenses:
1. Deceased personal representative
commissions-amount estimated.. .. . .".. ........ .. .. 12,000.00
2. Attorney fees-amount agreed ,upon,
based on 3$ of gross estate. . . . . .. . . .. .. . . .. . .. . 9,412.0.0
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3. Miscellaneous expenses:
I a. Estimated Court costs. .. . . . . : . ... . . . .. . . . . . .. 100..00 :
b. Appraisal fees. to Ernst Jewelers", .
Inc. .. .:. . . . . . . . . . . . .. .. . . . . . .. .. . . .. . . . 35.00
c. Appraisal fees to Amick•s Realty. ... .:.. . ... 325.00
d. Huntsville-Walker County Emergency
Medical Service. . .. . . . . . . . . ... .. . . . . . . . . . . . . . 207.00
e,. Diagnostic Clinic of Houston. . ....:....... .. 2,782.00
f. Drs. Raymond & Vance, West. Palm g
Beach, Florida. .. . . . . . . . .. . . . . . .. . . .. . . . . . . . 401.00 {
g.' Huntsville Memorial Hospital. . . .. .... ........ 7,095.45
h. Diagnostic Hospital of Houston. : . .. . . . ... . . . . 116.90
i. Everglades Hospital in Pahokee,
Florida. .. . . . . .. . .. . ... ......... .... .. . .. 25.20
j . Dr. T. C. Cole, Jr. . . l. . . .. .... . . . . . . . . . . . . .. 380.00
k. Income taxes for 1980. . . . ... ... .. . .... . .. .. . 2,061.60
1. Penalty and interest paid on 1980:
income taxes. .. .. . ... . . . . ;•.. . « . . . . . . . . . » . ., , . 528.15
m. Estimated income taxes. for 1981..,. :...: .. 131,000..00
TOTAL. . . . . , . ... . . .... .. .. .. . .. . . ... .. .,'. , . :. ... .. ... . . ...$ 53,700.13 j
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n_PITT °4,CLERK
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NO. 4485.
IN Rs ESTATE OF X IN .THE COUNTY COURT AT LAW
X
MR.RG14RET I'OWELZ, X OF WALKER 'COUNTY, TEXAS
X
DECEASED X SITTING IN PROBATE
APPROVAL OF INVENTORY & APPRAISEMENT & LIST Or CLAIMS
f
On this date came on to be considered the Report of the
Inventory. and Appraisement and List of Claims, of the Estate of
VMRGARET POWELL, Deceased, made by DEN S. GRESHAM, Independent
r
Executor of said Estate, and the Court having examined the same,
finds that same should be in all respects approved;
It is therefore, ORDERED by the Court that said Report be
and it is. hereby in all respects approved, and ordered entered of
record.
SIGNED and ENTERED on this day of July, A. D.
1981.
I'
JUD95A. 1,,�ty cut At Walk Xiy, Texas
FILED FOR RECORD
f r in ^d for YfaIMT 19"1
E s r D. r 4 f e t this instn mart i
jt�- e ��
,'.,r l? and page 010,3
,
a + d:te as stzmpR+ _ J.D.PRTTI;N, y',A tiER GCIJE�TY TEXAS
by
deputy
V*PAT'I M,CLERK
4'. eft GJort,f&.nS
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NO. 4485 f
i
ESTATE OF X IN THE COUNTY COURT AT LAW
X
MARGARET POWELL, X OF WALKER COUNTY, TEXAS
X t
DECEASED X SITTING IN PROBATE
APPLICATION OF INDEPENDENT EXECUTOR FOR
REASONABLE COMPENSATION'
TO THE HONORABLE JUDGE OF SAID COURT: I
Now comes BEN S. GRESHAM, Independent Executor of the
Estate of MARGARET POWELL, Deceased, and files this his Application
for the Court to allow him reasonable compensation in the amount
of $12,000.00 for his services as Independent Executor of said
' r
Estate, and respectfully shows the Court:
That Applicant had been a close personal friend and
neighbor of Decedent for many years prior to her death, and had P '
handled all of her business transactions by virtue of a Power of
S
Attorney for approximately one (1) years prior to her death, and
Applicant visited with Decedent on many occasions in the hospitals f .
in Huntsville and Houston, Texas, during her last illness and paid !'
all of her bills under said Power of Attorney, and spent at least
}
167 hours in handling such business transactions and visiting said
Decedent, which at :$15.0O per hour would total $2,505.00, which . .
- does not include in it travel expenses or, expenses for meals.
That Decedent in her Last Will and Testament, admitted
to probate in this cause, originally had left Applicant $5,000..00 }
for. acting as Independent Executor of said Estate, which would
be taxable income to Applicant, and.. in attempting to change her Last
.Will..and Testament shortly before her death, Decedent tried to leave
such amount as a free gift to Applicant, which was properly denied.
by the Probate Court, and which amount would not have been sufficient
i
compensation for acting as Independent Executor of such Estate,
amounting to $315,566.31 on the United States Estate Tax Return and ,
and on the State of- Texas Inheritance Tax Return, and in the
FILLL) hoCj RerQIjE)
At 0 duck_._.__M
DEC 5 1981 t
l.0 Ht i iZN,1AALKER 000NTY,7EX",S
VOL 044 %E428 by deputy
f
j'
Inventory and Appiaisement and List of Claims filed herein, the
corullission of Applicant was set at $12,000.00, which amount was
also used in said Tax Returns, and Applicant alleges that such
amount will be a reasonable fee for his services as Independent
Executor, as before Decedent's death, Applicant converted $23,000.00
in U. S. E. Bonds into Certificates of Deposit at a much greater
rate of interest, and since her death, her undivided one-half (1/2)
interest. in the house has been sold for the appraised value of
$31,500.00, to the co-tenant, without paying a real estate commission,
the stocks and bonds have been sold, and the 22 Certificates of
Deposit have been renewed and put out at a greater rate of interest,
and the Promissory Note owned by Decedent is payable in monthly
installments over another four (4) year period, and except for the
charitable bequests,. Applicant's commission as Independent Executor E'
would have been more than the $12,000.00 here sought, which is
reasonable under the facts and considerations above set out.
III.
i
That it has been necessary for Applicant to explain to
the individual devisees of said Will, exactly what they would
receive thereunder, and the law on the same, and the tax returns
have been made more difficult by said Will, and Applicant has spent � ^
i
many, many hours in the handling of this Estate,
WHEREFORE, Applicant prays the Court that after a hearing c '
had hereon, his fees for acting as Independent Executor of this
Estate be set by the Court in the reasonable amount of $12,000.00,
s
and for such orders herein as may b ecessa
f
{ " S. Gi?ISI#? 2, Indapen ent Executor
z " SUBSCRIBED AND SWORN TO BEFORE ME on this 14th day of
December, A. D. 1981.
........... ,•.� Iiarlis�.L Clen Af-
T len, rotary P G ;.
iili STATE O�' •.�°U.S
. _ My Cor_nission Expires: 6/21/84
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NO. 4485 t'
ESTATE OF X IN THE COUNTY COURT AT LAW
X
MARGARET POWELL, X OF WALKER COUNTY, TEXAS
X
DECEASED X SITTING, IN PROBATE t `'
ORDER ALLOWING EXECUTOR REASONABLE COMPENSATION 1
f,
On this 21st day of December, A. D. 1981, came on to be
heard the Application of BEN S. GRESHAM, Independent Executor of
J the Estate of. MARGARET POWELL, Deceased, for the Court to allow
him reasonable compensation in the amount of $12,Q00.00 for his
services as such Independent Executor of said Estate, and the Court
after,. hearing said Application read, the evidence and argument
I
for and against. such Application, is of the opinion and finds that '
no notice or citation was necessary or proper before hearing said.
Application, that this Court has jurisdiction and venue of such i
Application; that said Executor has not agreed to accept the
$5,000.00 plus ,expenses as set out in the Will for his services as !
Independent Executor, but on the contrary, in his testimony before
the Court at the time the Will was admitted to probate testified
� f
that he understood that he had an election to make concerning such
compensation as Executor= that. such Executor has worked diligently,
t
discreetly and continuously for the benefit of such Estate, and has
handled same in a most professional manner in carrying out the
desires of Decedent as expressed in her Will, and that Executor has
worked over 400 hours on such Estate during this year through the
filing of the tax returns.- That such Executor will probably work
F
4
200 more hours before the Estate is closed, which may be some four
(4) years from now, and Executor has elected not to receive the
$5,000.00 Decedent left him in the Will for acting. as Executor, .and
the 5% commission on sums paid out and received in cash by Executor,
which could amount to.approximately $9,000.00, would be unreasonably :
low for managing Decedent's affairs and Estate, and the sum of
l
$12,004.00 would be reasonable compensation for Executor's service, �-
7: :
and such Application-should be in all things granted,
&D FOR R6 Rt3 1 cbek
S:
DEC 211381 i
J.
py t' dep ly
VOL ()44 PAGE43 o,.P, ;
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4
It is therefore ORDERED by the Court that the compensation
k
of BEN S. GMESHMI, as Independent Executor of such Estate, be and
the same is hereby- set in the sum of $12,000.00, which may be paid
by such Executor to himself. in annual installments most advantageous
to him on -his individual income tax return.
SIGNED and ENTERED on this 21st day of December, A. D.
1981.
i
4
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1 A I
ANN BAXER, Judge ge Presiding
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