Tarrant County TXGenWeb

Early Probate Records

Estate of Virginia E. Smith, deceased


Petition of J. G. Smith for probate of will and letters testamentary on the estate of Virginia E. Smith, who departed this life on the 17th day of March 1868. On the 29th day of December 1864 Virginia E. Smith executed in writing her last will and testament... and therein named no particular person to take charge of and control [her] estate except your petitioner.... [He believes decedent intended to appoint him executor.] Filed 26 May 1868.

Will of Virginia E. Smith. Dated 29 Dec. 1864. Filed 26 May 1868.
"I wish my present husband J. G. Smith to have controll of my children and property during life provided that he does not marry if he does marry I wish him to divide my property equally between my own children and send John to his Uncle William Jackson but I do not w[torn] Jackson to have any of the property in his control but... J. S. Smith to controll the property. If he wishes (Smith) to seel this place on Marys Creek I wish him to do so but buy land [torn] the means this is sold for. I wish Mr. Smith to keep an account of the expences of the children also the proceeds of _____? [property?] and pay himself what the court allows Guardians to -ave [torn] for his trouble." S/ Virginia E. Smith.
Witnesses: John Bursey and W. C. Crawford.
Proved in open court by oaths of John Bursey and William C. Crawford.

Inventory and appraisal returned and filed 13 August 1868: 186 acres in Tarrant the heirs of C. Zackery [or E. Zackery], deceased. Value at $800. Sworn 13 August 1868 by James Dunlap and Wm. M. Crawford before James K. Allen, an acting J.P. in Precinct 10.

J. G. Smith, Executor with will annexed, represents that at June term 1868... letters testamentary wer ordered to be issued to him, but that no letter testamentary did in fact issue on said order. He petitions for letters and an order to effect the sale of 186 acres land (all the property belonging to estate) on Marys Creek to James Butcher and to invest the proceeds of sale in certain real property now owned by James Butcher. Filed 31 January 1870.

Bond of J. G. Smith, Executor with the will annexed; $2000. Sureties: S. H. Puryear, W. J. Cannon [?], Y. D. Leuis. Filed 28 Nov. 1870. Letters issued 12 Dec. 1870.

Citation issued 4 Jan. 1871 to J. G. Smith, Exr, to file his annual account. Returned unexecuted by T. B. James, Shff: "Def't is not found in my county."

Weatherford, June 9,1873.
     Mr. Nance     Dr Sir     I send you by to Days mail statements of a/c against the Heirs of Virginia E. Smith. How to make the statement in regard to change of property - I do not know. Will be obliged to leave that for you to do. The facts are these the Marys Creek Land... valued at $800. The property I traded for belonging [to] Yales Heirs in Weatherford was valued at the same and I gave Land on Marys Creek for the Town property Even.
     I want this thing closed up in some way. I have the children to take care of and I want the property to help me do it. I have already expended more than twice the amt the property is worth, and the expense of clothing and schooling two of the Heirs (the youngest) only just commenced.... S/ J. G. Smith [Attached are four pages of accounts]:

Page 1. "William Jackson is second son of V. E. Smith Age 18 years."
Accts for William Jackson paid by J. G. Smith in 1868:
Pd Mrs. Anderson, for schooling, 2 terms
Pd Prof. Davis, tuition
pd Mrs. Cassar? for books
In fall of 1868 [William] went to live with Mr. Wm. Crawford and remained with him until June 1871 and has been with me since.
Paid Wm Crawford and J. Lawsen for fencing Marys Creek farm (1868).
Page 2. "John L. Jackson is the oldest son of V. E. Jackson. Age 20 years."
In 1868 executor paid: Rogers & Shunnon? in the Town of Weatherford, for clothing; paid Mrs. Mitchell, for making clothing; paid Thos Isbe1, for 1 pr Books; paid James Mitchell, for schooling; paid Mr. Anderson.
In 1870 he paid: Lee Newton, for tuition; Prof. Westmoreland; Josef Keeler; Rice? Parsons; Prof. Davis; Haygood for board 1869: and Carson & Lewis, for clothing.
Page 3. Orin D. - Third son of V. E. Smith born 1861.
James B. - 4th son of V. E. Smith born 1865.
Oren D. Smith Account. 1868. Paid James Mitchell for Board and tuition - 8 months (Woods Mill); paid Boarding in Weatherford 7 months: paid Wm Carson for tuition; paid Prof. Davis, tuition 4 mos.
James B. Smith. For board in Weatherford 1868 and 69; to Mrs. Carson, tuition; paid Prof. Davis 4 mos. tuition.
Orin D. and James B. are my own children by Mrs. V. E. Smith - the first was 6 years and the second. 2 years of age when their mother died. The above account is the amount cash paid out and nothing charged for clothing or Board - since Jan. 15th 1870 over three years. I will put down their board at $50.00 per year each subject to decision of the Court.
[Page No.4 is statements of expense; covered in pages 1 - 3.]

Application of J. G. Smith for final discharge. He reviews actions taken, and further represents that on 7 January 1870 he transferred property on Marys Creek... for property of more than equal value situated in the town of Weatherford in Parker County... [to] James Butcher. He has been in peaceable and quiet possession of said property ever since.... He requests an order from the court to confirm the transfer, and asks for discharge.

This page was last modified 15 Jul 2004.

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