PETITION FOR PROBATE OF WILL To the Honorable Ralph B. Simcoe, Judge of the County Court of the County of Payne and State of Oklahoma:The petition of Grace Shaffer, of said County, respectfully represents and shows:
That Hannah S. Stewart departed this life at home of Petitioner, Paradise Township, in said County on or about the 21st day of August, A. D. 1938.
That the said deceased the time of her death was a resident of Paradise Twp., in said County of Payne and left estate, consisting of real and personal property, in said County, the general character, description and probable value of which are as follows: An undivided one third (1/3) interest in 463 acres of land and an undivided one third (1/3) interest two residences in Coyle, Okla. Fee simple title to One residence in Coyle and 15 acres in Logan County, Okla. Cash in bank $700.00, Note worth about $500.00 all of the probable value of $6000.00
That said deceased left a will bearing date on or about the______day of_____192___, which is now in the possession of the County, Court, Payne County, Okla. and which your petitioner believes and alleges to be the last will and testament of said deceased, and the same is herewith presented for probate.
That Grace Shaffer, the person ___ named in said will as executor resides in said County of Payne and State of Oklahoma, and consents to act as such executrix.
That the names, age and residence of the heirs, devisees and legatees of said decedent, so far as known to your petitioner, are as follows:
NAME AGE RESIDENCE O. Edith Thatcher 63 Duncan, Arizona Effie C. Thatcher 61 Chama, New Mexico Celesta A. Scott 59 Hinton, Oklahoma Lulu B. Stewart (Incompetent) 57 Coyle, Oklahoma % Amber B. Boyce Bermie Stewart 55 Ava, Missouri Grace Shaffer 53 Perkins, Okla. Rt. 2. Harold Stewart 49 Coyle, Okla. Rt. 2. Metta J. Stewart 47 Coyle, Okla. Rt. 2. Murl K. Stewart 45 Orlando, Okla. RR. Amber B. Boyce 43 Coyle, Okla. Rt. 2.Your petitioner, therefore, prays that a day be fixed for hearing this petition and notice thereof given as required by law, and upon the final hearing thereof, that said will be admitted to probate and letters testamentary issued thereunto Grace Shaffer
And your petitioner will ever pray, etc.
Dated this 3rd day of September, A. D. 1938, Grace Shaffer Signed in my presence. Filed this _____ day of ______, A. D. 192_____ Paul L. Myrick, County Judge approved and settled; the Court further finds: That the total amount received is $1673.53 That the Total Amount disbursed is 750.70 Total Claims presented and allowed 334.15 Balance in hands of Executrix 922.83WHEREFORE, IT IS BY THE COURT ORDERED, ADJUDGED AND DECREED that said account be and the same is hereby allowed approved and settled.
The Court further finds that all claims against said estate, all taxes due thereon, and expenses and charges of administration, have been paid and discharged and that said state is now in a condition to be finally settled and closed and distributed to the persons lawfully entitled thereto.
The court finds that said state is not subject to an inheritance tax and that the value of the estate passing to each legatee and devisee is less that the amount exempted by law for inheritance and that an exemption certificate from the Oklahoma State Tax Commission has been received and filed of record.
Thereupon the Court proceeds to hear the petition for the determination of the heirs-at-law, legatees, and devisees of the said Hannah S. Stewart, deceased and from the evidence finds and it is hereby by the Court adjudged and decreed that the said Hannah S. Stewart died testate in and a resident of Paradise Township, Payne County Oklahoma, on the 21st day of August 1938; that she left a Last Will and Testament which has been duly and regularly probated in this Court and which is in words and figures as follows, to-wit:
IN THE NAME OF GOD, AMEN I Hannah S. Stewart, of Coyle, in the County of Logan, State if Oklahoma being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last WILL AND TESTAMENT.
FIRST, I order and direct that my Executrix hereinafter named, pay all my just debts and funeral expenses as soon after my decease as conveniently may be.
SECOND, After the payment of such funeral expenses and debts, I give, devise and bequeath
- To my daughter Lulu B. Stewart my house and lots described as Follows, to-wit: Lots one (1) Two (2) and Three(3) in Block 34 in the town of Coyle, Oklahoma.
- The balance of my property both personal and real, including cash on hand, is to be divided equally amongst my ten children named as follows: Olive Edith Thatcher, Effie Coral Thatcher, Celestia Arcola Scott, Lulu B. Stewart, Bermie Stewart and Amber D. Boyce, Grace Shaffer, Harold Stewart, Metta J. Bridenstine, Murl Stewart and Amber D. Boyce.
LASTLY, I make, constitute and appoint Grace Shaffer to be executrix of this my last Will and Testament, hereby revoking all former wills by me made.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal the 19th day of January in the year of our Lord, one thousand nine hundred twenty nine.
Signed Hannah S. Stewart (Seal)
This instrument was on the date of the day thereof, signed, published and declared by the said testator, Hannah S. Stewart to be her last Will and Testament in the Presence of us who at her request have subscribed our names thereto as witnesses in her presence and in the presence of each other.
(Signed) E. E. Carter (Signed) John Fry
The Court further finds from the evidence that the said Hannah S. Stewart left surviving her as her surviving heirs-at-law, divisees, and legatees the following named persons, to-wit:
O. Edith Thatcher Effie C. Thatcher Celesta A. Scott Lulu B. Stewart Bermie Stewart Grace Shaffer Harold Stewart Metta J. Bridenstine Murl K. Stewart and Amber Boyce.The Court further finds from the evidence that according to the terms of said will that the said Lulu B. Stewart was given all of Lots One (1), Two (2) and Three (3) in Block thirty Four (34) in the town of Coyle, Logan County, Oklahoma, together with all improvements thereon and the Court further finds that according to the terms of said will that all remaining property belonging to the said Hannah S. Stewart, Deceased, both real and personal, should be given to the following named persons and in the following proportions, to-wit:
O. Edith Thatcher Effie C. Thatcher Celesta A. Scott Lulu B. Stewart Bermie Stewart Grace Shaffer Harold Stewart Metta J. Bridenstine Murl K. Stewart and Amber Boyce.to be shared by them equally, share and share alike.
The Court further finds from the evidence that at the time of her death, said decedent was owner of the note secured by chattel mortgage made decedent by john g. Cook and Alice T. Cook and in that connection the Court further finds that by order of this Court made on the 21st day of January 1939 Grace Shaffer, executrix herein, was authorized and directed to take a new note and mortgage from John G. Cook and Alice T. Cook, husband and wife, in the sum of $1626.88, that amount being the sum due thereon, the same to be secured by twelve (12) head of cattle and the
Northwest Quarter (NW 1/4) of Section thirty-one (Sec 31), Township eighteen (Twp 18) North, Range Two (2) East of the Indian Meridian, Payne County, Oklahomaand the Court further finds that said note and said mortgage was duly executed by the said John G. Cook and Alice T. Cook in pursuance of said order to said executrix.
The Court further finds that the Executrix at this time has in her hands for distribution the sum of $922.83.
And the Court further finds that the title to Lots One (1), Two (2) and Three (3) in Block Thirty four (34) in Coyle, Logan County, Oklahoma, be and the same are hereby vested, according to the terms of said decedent's will to Lulu B. Stewart, to be owned by her individually and all other persons whomsoever are barred from claiming any right, title or interest in and to said described property.
And the Court further finds that the title to all of said above described real property save and except Lots One (1), Two (2) and Three (3), block Thirty four (34) in the Town of Coyle, Oklahoma, as well as the personal property above described consisting of the note made the executrix by John g. and Alice Cook together with the balance of $922.83 in the hands of said executrix for distribution should be and the same is hereby vested according to the terms of said decedent's will to the following persons and in the following proportions to-wit:
O. Edith Thatcher Effie C. Thatcher Celesta A. Scott Lulu B. Stewart Bermie Stewart Grace Shaffer Harold Stewart Metta J. Bridenstine Murl K. Stewart and Amber Boyce.an undivided one tenth (1/10) interest;
IT IS THEREFORE BY THE COURT ORDERED, ADJUDGED AND DECREED that the above described real property save and except lots One (1), Two (2) and Three (3) in Block Thirty four (34) in the town of Coyle, Logan County, Oklahoma, and all of the above described personal property remaining in the hands of the executrix for distribution including the note made John g. Cook and Alice T. Cook to the Executrix and the cash she has on hands for distribution in the sum of $922.83 be and the same is hereby set over and assigned to the following named persons and in the following proportions, to-wit:
O. Edith Thatcher Effie C. Thatcher Celesta A. Scott Lulu B. Stewart Bermie Stewart Grace Shaffer Harold Stewart Metta J. Bridenstine Murl K. Stewart and Amber Boyce.an undivided one tenth (1/10) interest.
It is further ordered by the Court that the executrix on the filing of a certified copy of this decree in the office of the County Clerk of Payne County, Oklahoma, be discharged as executrix of this estate and that said estate be deemed settled and closed and her official bondsmen be released from further liability on her official bond.
Paul L. Myrick County Judge Payne County, Oklahoma.