Legal Documents Pertaining to the Probate 

of the Estate of Pryor Garrett

1903

27 May 1903

P. R. Garrett

Application for Letters of Guardianship

Estate of Sallie Wines, Bell Wines, Ida Wines, minors.

Book X, Page 401

The State of Texas

County of Collin

 In County Court, Collin County, July Term 1903

To Hon. F. E. Wilcox, Judge of said Court; P. R. Garrett, a resident Citizen of Collin County, respectfully shows that Sallie Wines, a female of the age of 15 years, and Bell Wines, a female of the age of 13 years, and Ida Wines, a female of the age of 7 years, are minors, all of who reside with your applicant in Collin County and that this applicant is the grandfather of said minors, and that said minors are without any lawful guardian of their persons or estates and they are entitled to an estate viz. half interest in a 60 acres tract of land in Denton County of the Reasonable Value of $300.⁰⁰, one House Lot in Plano, Collin County of the reasonable Value of  $500.⁰⁰, all of said property by right of their deceased father Eli Wines.  And applicant would further show to the Court that a necessity exist that a guardian be appointed for the persons Estates of said Minors <among other reasons> the following to wit:  that the wife of Eli Wines survives her said husband, that she is the mother of the said Minors, but she has remarried and moved out of the State of Texas & is Still out of the State, and that she has abandoned said Minors and has not communicated nor contributed to the support of said Minors for a period of two years, and said minors are a charge upon him for support, to Educate, that at the death of said Eli Wines he owed <still owes> on said property which is secured by a Vendors lein note the some of $350.⁰⁰ with Interest from Sept. 25^th 1902, to date, that the said amount is now due by agreement has been extended to Sept 25^th 1903, at which time said indebtedness must be paid or the property sold at a sacrifice, Etc, Wherefore your applicant prays that he be appointed guardian of the persons and estates of said Minors.

J. D. Cottrell

Attorney for Applicant

P. R. Garrett

1903

Probate Notice in Collin County Court

July Term 1903

Estate of Sallie Wines, Bell Wines, Ida Wines, Minors

Probate Notice

The State of Texas

To the Sheriff or any Constable of Collin County – Greeting:

You are hereby commanded to cause to be posted in three of the most public places in your County, one of which shall be at the Court House door, copies of the following Notice:

The State of Texas

To all Persons Interested in the Guardianship of the Estate of Sallie Wines, Bell Wines and Ida Wines Minors. 

P R Garrett has filed in the County Court of Collin County an application for Letters of Guardianship of the Person and Estate of Sallie Wines, Bell Wines and Ida Wines Minors Which will be heard at the next Term of Said Count, commencing on the 4^th Monday in July 1903, at the Court House thereof, in the City of McKinney, at which time all persons interested in said Guardianship may appear and context the Application if they see proper.

Herein Fail Not, under penalty of law, and of this Writ made due return.

Issued 27^th day of May 1903

1904

The State of Texas

County of Collin

Know all men by these presence That I, P. R. Garrett, being of legal age and sound mind do make this my last will and Testament. 

To my wife, Margaret Garrett, I devise and bequeath all of my estate, right, title and interest in possession, revision, or remainder, which I have or at the time of my death shall have, of, in or to any and all lands, tenements, hereditaments?, rents charged upon or issuing out of them, or shall have in or of, in or to any personal property whatever, subject to the limitations prescribed by law.  To have, hold and possess so long as she, my said wife, Margaret Garrett shall live and at her death I bequest all of said above-mentioned lands, heroditaments? And personal property, to Sally Ann Wines, Laura Bell Wines and Ida Maggie Wines – all three of them being children and heirs of Eli and Eliza Wines – and to Margaret Easter Garrett, the child and heir of Albert Craven Garrett and Sarah Jane Garrett:  To have, hold and possess by themselves and their heirs and assigns equally, to share alike among themselves and to divide equally among themselves as may seem best or agreeable to them; and if any of the said above named children: {beneficiaries herein} should die without heirs or children, then those remaining alive shall share all alike and equal among themselves, of my then remaining property and estate, as mentioned above and heretofore, in this my last will and Testament.

In Testimony hereof, Witness my hand and signature, This the __  of August, A. D. 1904.

Witness                       P. R. X <his mark> Garrett

W. D. Ellis

J. C. Jasper

The State of Texas

County of Collin

Before me, J. M. Benjaman?, a Justice of the Peace and Exofficio Notary Public in and for Collin County, Texas.

On this day personally appeared P. R. Garrett, to me known to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed.

Given under my hand and seal of office this __ day of August, A. D. 1904

J. W. Benjaman?, a Justice of the Peace and Exofficio Notary Public in and for Collin County, Texas.

15 Dec 1914

$200                                                            PLANO, TEXAS  Dec. 15, 1914

On October 1^st, 1915, after date, for value received, we the signers and endorsers, or either of us, promise to pay to the order of

                                 J. W. Shepard

     Two Hundred                                                                             Dollars

At Plano, Texas, with interest at ten percent, per annum from date until paid.  Interest when due to become part of the principal and draw ten percent, interest.  If placed with an attorney or collector or sued upon, ten per cent, shall be added to the full amount then due and be collected as attorney’s fees.

    IN CONSIDERATION OF One Dollar paid to the undersigned by J. W. Shepard, the undersigned hereby sells to J. W.  Shepard the following described property, now owned and in possession of the undersigned, or either of then in Denton County, Texas, the same being free from all incumbrance, viz:

One brown horse mule about 9 yrs old 15 ½ hands high, no brands also one black horse mule 15 ½ hands high about 10 years old and some mules bought of J. W. Shepard also one set of harness & hand ___ complete.

This conveyance is to secure payment of above note to J. W. Shepard, and title to all of above property shall remain in possession of J. W. Shepard until this note is paid in full.  If said note is paid at maturity this conveyance is void, but in case said note is not paid at maturity J. W. Shepard, or his assigns, by themselves or their agents or attorneys, are hereby authorized to take possession of the above described property then, or at any time they may deem themselves unsafe, before or after maturity, and sell the same at public or private sale at any time or place they may select, with or without notice, with or without having taken possession of said property, and to apply the proceeds to the payment of the expense of said sale, and to the payment of said note, and the balance of the proceeds, if any, to be held subject to the order of the undersigned.

Witness:                                 Witness our hands to above note and conveyance

J. W. Shepard                         the day and date of above note.

W. L. Stults                             signed  F. M. Steward  Post Office Lewisville

                                                Signed P. R. {his X mark} Garrett

Other handwritten notes on the folder cover for this document and on the document itself:

Oct 6 – 1915, by cash $25.00

Bal due on this note – 10/7 1916  $210.65

This loan note was filed with the court on 14 Dec of 1916.  The amount claimed was $229.00

JUNE 1916

P. R. Garrett Will filed with the court

Notice of Application for Probate of Will by J. W. Shepard

JUNE 11, 1916

ADMINISTRATOR’S BOND

J. W. Shepard posts a bond for $5,300….who has been appointed administrator with will annexed to the estate of said deceased, will faithfully discharge the duties of administrator or executor of said deceased. 

Witness in our hands this 11 day of August A. D. 1916

J. W. Shepard         Principal

J. F. Harrington       Surety

Olney Davis           Surety

AUGUST 23, 1916

No. 2681, Estate of P. R. Garrett, deceased

The State of Texas, The County of Collin

To the Hon. County Court of said County of Collin; Now comes your petitioner, J. W. Shepard, who avers and shows to the court that P. R. Garrett departed this life on the 13^th day of December A. D. 1915, leaving real and personal property of the estimated value of $2500.00; Petitioner further shows to the Court that P. R. Garrett, deceased, resided at the time of his death in Plano, Collin County, Texas, and that the principal part of his estate was in Plano, Collin County, Texas.  And that said P. R. Garrett; deceased left a good and lawful will, which as far as known to this petitioner was lawfully executed.

     That your petitioner resides in Plano, Collin County, Texas, and as there was no executor mentioned in said will, and as the widow, of the deceased, P. R. Garrett has expressed her desire that the petitioner be appointed executor of the estate with the Will annexed, and has filed herewith her waiver, and that this petitioner is in no manner disqualified to accept letter testamentary, Therefore your petitioner prays the court that the Will be probated; that notice of the application be given by citation as required by law, and as there are debts against the estate which ___ be paid this petitioner further prays that the court will appoint this petitioner to administer said estate with the Will annexed, and for such other and further orders and decrees to which the facts and law entitles him.

J. F. Harrington, attorney for Applicant

State of Texas, County of Collin

I, Margaret E. Garrett, widow of P. R. Garrett deceased, hereby waive all my rights to be appointed Administratrix with will annexed of the estate of my deceased husband and respectfully ask the Hon. County Court of Collin County to appoint J. W. Shepard.

OATH

I do solemnly swear that I will faithfully discharge the duties of administrator of said deceased, according to law.  J. W. Shepard

Subscribed and sworn to before me this 19^th day of August by J. W. Shepard

J. F. Harrington, Notary Public, Collin Co., Texas

AUGUST 11, 1916

In the matter of the Estate

Of P. R. Garrett, deceased

The State of Texas,     In the County Court of said County, July term 1916

County of Collin

The following is a full and true inventory and Appraisement of all the Estate, both real and personal, of P. R. Garrett deceased, which has come to the possession or knowledge of the undersigned, J. W. Shepard Administrator with Will annexed of the said Estate:

Common Property

#1  One acre of land, out of Block Eight (8) Kendrick’s Addition to the town of Plano, Texas, the homestead valued herein for the sum of ............................…………$500.00

#2  All of Block number Twelve (12) Kendrick’s addition to the town of Plano, Texas valued herein for the sum of…………………………......................………….$450.00

#3  All of the P. R. Garrett Addition to the town of Plano, Texas, save and except one lot of land, the same being lot #4 out of Book #13, the property of one Riley Herring Col.  The said addition being all that certain tracts of land acquired by P. R. Garrett from Mrs. E. E. Aston, by deed recorded in Vol. 165 page 163 Deed Records of Collin County, Texas, and also the property acquired by deed from Mr. Rachel Klepper said deed recorded in Vol 203 page 193 Deed records of Collin County, Texas, and all of the same two sets of improvement thereon situated valued herein for the sum of ...........................….$500.00

#4  A certain tract of land in Denton County, Texas, out of the Perry Dakon survey, and being 10 acres of land beginning 60 rods west of the S. E. Corner of said Dakon survey and thence north, west, south and east 20 rods x 80 rods, and being the same tract of land conveyed to P. R. Garrett by T. T. Stark and wife, by deed recorded in Vol 55 page 289 deed records Denton County Texas, and valued herein for the sum of ................$500.00 

     All of the above property is community property and that part of the same valued, and appraised herein being and undivided one half interest therein, and thereto, the other one half being the property of Margaret E. Garrett, wife of the deceased, P. R. Garrett……………………………….....………….....................................…..$1500.00

Common Property

One share preferred stock of the Texas Traction Company of the par value of $100.00, valued herein for the sum of and being the rated value thereof ...........................$30.00

Total Common Property……………………………………............…………..$1530.00

   Dated Plano Texas, this 11^th day of August 1916

J. W. Shepard, Administrator with annexed of Estate of P. R. Garrett, deceased

We the undersigned Appraisers, do hereby certify that, pursuant to a warrant under an order of your Court to us directed, we have appraised all the property described and mentioned in the above inventory, which has been to us exhibited, setting down opposite to each item in said inventory, in figures, the value thereof in money, as by us determined.  Dated this 11^th day of August 1916.

J. L. Aldridge

F. M. Armstrong

J. C.  _____

October 1916

J. F. Harrington

Attorney At Law

Plano, Texas

The State of Texas                           {}

The County of Collin                       {}    Before me in person came John Custer, editor, proprietor, and Published of THE PLANO STAR-COURIER, a newspaper published at Plano, in Collin County, State of Texas, who being by me duly sworn says, That he published in said newspaper once a week for four successive weeks, the foregoing attached notice of administration, made by J. W. Shepard, administration of the estate of P. R. Garrett, deceased, the first insertion being on September 7^th, A. D. 1916 and on the 14^th, 21^st, and 28^th day of September, A. D. 1916.

(signed) John Custer

Sworn and Subscribed before me, by John Custer, on this the 9 day of October, A. D. 1916

(signed) J. F. Harrington, Notary Public, Collin County, Texas

hand-written note at the bottom of the page: $.00 costs – ch to JW Shepard, adms.

TEXT OF NEWSPAPER AD (from copy of the newspaper):

State of Texas        }

County of Collin    }

To those indebted to or holding claims against the estate of P. R. Garrett, Deceased; The undersigned having been appointed administrator of the estate of P. R. Garrett, deceased, late of Plano, Collin County, Texas, by H. L. Davis, Judge of the County Court of said County, on the 30^th day of August, A. D. 1916, during a regular term hereof, hereby notifies all persons indebted to said estate to come forward and made settlement, and those having claims against said estate to present them to him, at the office of J. F. Harrington, in the City of Plano, Collin County, Texas, and address the same to Plano Texas, care of J. F. Harrington, where he receives his mail.  This the 6^th day of September, A. D. 1916, at Plano, Texas.

J. W. SHEPARD

Administrator, of estate of P. R. Garrett, Deceased. 

October 1916

J. W. Shepard submits his claim to the court for the $200 loan made to F. M. Steward and P. R. Garrett in December of 1914 (see above). 

December 1916

The State of Texas     }

County of Collin        }    Before me, the undersigned authority, on this day personally appeared R. M. Carlisle who being by me duly sworn on oath deposes and says, that the foregoing and attached claim in favor of  Plano Grocery Company, a partnership, composed of H. B. and R. M. Carlisle of Plano, Texas, against the estate of P. R. Garrett Deceased, amounting to $52.70, is within the knowledge of the affiant a just debt against said estate, and that all legal offsets, payments and credits known to affiant have been allowed.  Affiant further says that he is cognizant of the facts contained in this affidavit.

(signed)  R. M. Carlisle

Subscribed and sworn to before me this 20^th day of September, 1916.

(signed) J. F. Harrington

Notary Public, Collin County, Texas

State of Texas

County of Collin.  I, J. W. Shepard, administrator of the estate of P. R. Garrett, deceased, finding upon examination of the within and annexed claim hereto presented to me on the 20th day of September, A. D. 1916, by Plano Grocery Co, as a claim against the said estate, and that it is duly authenticated and believing from the facts relating thereto that it is just due, and owning and herby allow the same as a valid claim for the full amount thereof, this the 12^th day of December, A. D. 1916.

(signed)  J. W. Shepard

Administrator, estate of P. R. Garrett, dec’d.

State of Texas

County of Collin.  I, R. L. Moulden, County Judge of Collin County, State of Texas, finding upon examination of the foregoing account and claim of J. T. Elliott Lumber Co, in the sum of $52.70 against the estate of P. R. Garrett, Deceased, that the same has been duly authenticated as required by law, and allowed by J. W. Shepard, Administrator of said estate, and in perceiving no error therein, do hereby approve the allowance made as aforesaid, classing said claim as number #____.

This the ___ day of ____, A. D. 1916

Judge of the County Court, Collin County, Texas

NOTE- there are no dates on this document, no claim number is entered and it is not signed by the judge.  Also, the total grocery store bill is for $47.95.  The last line on the actual bill is “Interest”, but there is only a copy in the estate file and the original was curled up so you can’t read what is on the right side of that page.  Perhaps it accounts for the difference between the total bill of $47.95 and the amount of  $52.70, making an interest charge of $4.75 applied to the bill.  What is more curious is that the grocery store bill ends in July.  Seems unlikely that from July – December, the Garrett family purchased no groceries? 

December 1916

State of Texas

County of Collin.  I, J. W. Shepard, administrator of the estate of P. R. Garrett, deceased, finding, upon examination of the within and annexed claim heretofore presented to me on the 20 day of September A. D. 1916, by S. B. Wyatt, M.D., as a claim against said estate, that it is duly authenticated, and believing from the facts and relating thereto, that it is just and owing, do hereby allows the same as a valid claim for the full amount thereof, this the 12 day of December, AD. 1916

(signed) J. W. Shepard, Administrator

State of Texas

County of Collin.    I, R. L. ____, judge of the County Court of said County, finding upon examination of the foregoing claim of S. B. Wyatt, M. D., in the sum of $273.00 against the estate of P. R. Garrett, deceased, that the same has been duly authenticated, as required by law, and allowed by J. W. Shepard administrator of said estate as a valid claim against the estate of P. R. Garrett, deceased, and perceiving no error therein do hereby approve the allowance, made as aforesaid, calling said claim as Number #___, this the ___ day of ___, 1916.

Judge of the County Court, Collin County, Texas.

NOTE- there are no dates on this document, no claim number is entered and it is not signed by the judge. 

Dr. S. B. Wyatt submits his bill for medical services, which is notarized by J. F. Harrington. The bill has illegible scribbling for “purpose of the visit”, but the dates are noted:

December 1916

The State of Texas  }

County of Collin     }    Before me, the undersigned authority, on this day personally appeared F. Schimelpfenig who being by me duly sworn on oath deposes and says, that the foregoing and attached claim in favor of J. T. Elliot Lumber Co., against the estate of P. R. Garrett Deceased, amounting to $8.35, is within the knowledge of the affiant a just debt against said estate, and that all legal offsets, payments and credits known to affiant have been allowed.  Affiant further says that he is cognizant of the facts contained in this affidavit.

(signed)  F. Schimelpfenig

Mgr. J. T. Elliot Lumber Co.

Partnership-Plano, Texas

Subscribed and sworn to before me this 15^th day of November 1916.

(signed) J. F. Harrington

Notary Public, Collin County, Texas

*NOTE:  This bill was prepared Nov 16, 1916 for charges made in Nov, and Dec of 1915 and Jan of 1916.  Pryor died Dec 12, 1915 and could not have made any charges in Jan of 1916.

State of Texas

County of Collin.  I, J. W. Shepard, administrator of the estate of P. R. Garrett, deceased, finding upon examination of the within and annexed claim hereto presented to me on the 12^th day of December, A. D. 1916, by J. Elliott Lumber Co, as a claim against the said estate, and that it is duly authenticated and believing from the facts relating thereto that it is just due, and owning and herby allow the same as a valid claim for the full amount thereof, this the 12^th day of December, A. D. 1916.

(signed)  J. W. Shepard

Administrator, estate of P. R. Garrett, dec’d.

State of Texas

County of Colin.  I, R. L. Moulden, County Judge of Collin County, State of Texas, finding upon examination of the foregoing account and claim of J. T. Elliott Lumber Co, in the sum of $8.35 against the estate of P. R. Garrett, Deceased, that the same has been duly authenticated as required by law, and allowed by J. W. Shepard, Administrator of said estate, and in perceiving no error therein, do hereby approve the allowance made as aforesaid, classing said claim as number #____.

This the ___ day of ____, A. D. 1916

Judge of the County Court, Collin County, Texas

NOTE- there are no dates on this document, no claim number is entered and it is not signed by the judge. 

DECEMBER 1916

FEBRUARY 1917

The State of Texas, To the Sheriff or any constable of Collin County – Greeting:

You are hereby commanded to cause to be posted (for thirty days, exclusive of the day of posting, before the return day hereof) in three of the most public places in Collin County one of which shall be at the Court House door, and no two of which shall be in the same city or town copies of the following notice:

The State of Texas    To all persons interested in the Estate of P. R. Garrett, deceased, J. W. Shepard, Administrator, has filed in the County Court of Collin County, an application for an order to sell the following property of said Estate, to-wit:  being the P. R. Garrett’s addition to the town of Plano, Texas, as set out and described by the map and plat of said addition of record in Vol. 205, page 271, Collin County Records, and containing approximately 7 acres of land, save and except that part of said addition heretofore sold off by the said P. R. Garrett during his lifetime to one Riley ?erron, which will be heart at the next term of said Court, commencing the 2^nd Monday in April, A. D. 1917, at the Court House thereof, in the City of McKinney, at which time all persons interested in said Estate are required to appear and show cause why such sale should not be made, should they choose to do so. 

     ___  ___ Not, but have yo ___ and there before said Court this Writ, with your return thereon endorsed showing you have executed the same.

     Given under my hand and seal of said Court, this February 6^th, A. D. 1917

FEB 1917

SHERRIFF’S RETURN

Cme to hand on the 6^th day of February A. D. 1917, and exectured on the 6^th day of February A. D. 1917, by posting a copy of this notice at three of the most public places in Collin County, Texas, one of which at the Court House door, one at Farmerville (Palmerville?)  and one at Plano.

A. McCauley

Sheriff Collin County, Teax, By Sam Welch, Deputy

Fee $1.00

Mileage $3.00

Total $4.00

6 FEB 1917 – note this date does not appear on this document, but if is referred to in another document filed 31 May 1918.

#2681

In the County of Collin,

State of Texas

Estate of P. R. Garrett, Dec’d.,

J. W. Shepard, Administrator

TO THE HON. COUNTY COURT, FOR SAID COUNTY:

    Now comes J. W. Shepard, Administrator of the estate of P. R. Garrett, Deceased, and respectfully shows to the Hon. Court, that it is necessary to sell apart of the real estate, belonging to said estate to pay legal charges, claims and costs of administration on said estate.

    Your petitioner herewith files with this application, an exhibit in writing verified by affidavit by the said Administrator, showing fully and clearly the charges and claims against the said estate, that have been approved, and the amount due and claimed to be due on each, and the estimated expenses of administration, and the property n hands liable for the payment of such charges and claims, as required by law.  The same is marked “A” exhibit.

     WHEREFORE, your petitioner prays that citation to be issued as required by law, and upon hearing hereof that your petitioner be ordered to sell at private sale for all cash, or for part cash and part on credit, secured by lien on said property, the said property being – as set out in the inventory and appraisement of said estate on file in the County Clerks Office, Collin County, Texas, and described as follows:

     Being the P. R. Garrett’s addition to the town of Plano, Texas, as set out and described by the map and plat of said addition of record in Vo. 205, page 271, Collin County deed records, and containing approximately 7 acres of land, sae and except that part of said addition, heretofore sold off by the said P. R. Garrett during his lifetime to one Riley Herron –

     And further that the Hon Court order the said administrator to sell, any part or all thereof, as hereinabove set out, the consideration sufficient to bring the sum of $1,545.00 and interest, being the amount of indebtness against the said estate, allowed to this date.

(signed)

J. W. Shepard

Administrator of estate of P. R. Garrett, Dec’d

By atty. J. F. Harrington

EXHIBIT “A”

NO_____

Estate of P. R. Garrett, Dec’d

J. W. Shepard, Administrator

In the County Court

Collin County, Texas

TO THE HON. COUNTY COURT, FOR SAID COUNTY:

     Here comes J. W. Shepard, Administrator of the estate of P. R. Garrett, Deceased, and most respectfully presents to the Hon. Court, the following statement of accounts, claims, and indebtness against said estate, and the property, liable therefore, as follows to-wit:

     #1  That the following, claims and accounts have been presented, and approved for payment, out of said estate-

a.       One promissory note for the principal sum of $200.00, executed by P. R. Garrett payable to J. W. Shepard or order at Plano, Texas, bearing 10% interest per annum from date, and providing for 10% attorneys fees etc-total due on October 1^st, A. D. 1916 with 10% interest from that date, the sum of $229.29

b.     One account against said estate in favor of Webb-& Coppedge, drugs account, - - - - - - in the sum of $40.50

c.      One account in favor of the Plano Grocery Company, Plano, Texas, groceries account in the sum of  $52.50

d.     One account in favor of S. B Wyatt for medical services, prior to and during P. R. Garrett’s last illness $273.00

e.      One account in favor of J. F. Harrington for legal services rendered, prior to P. R. Garrett’s last illness -- $17.50

f.       One account in favor of J. T. Elliott lumber company against said estate in the sum of $8.35

g.      One account in favor of Mrs. M. E. Garrett, against the said estate, by reason of community debts paid out of her separate mans—for the burial expenses to E. O. Harrington, the undertaker…$62.50

h.      One account in favor of Mrs. M. E. Garrett against said estate for payment of an account to J. H. Gulledge, for clothes, for the last expenses, for burial…$12.50

i.       Delinquent taxes against this property for the State, County and City of Plano, Texas, for back years, the same estimated to be….$75.00

j.       Taxes against property of the estate for State, County and municipal for the year 1916—estimated to be…$175.00

k.      Court costs heretofore expended and which will be incurred in the administration of the estate, and for attorneys fees, fees of administrator in closing the administration estimated to be the sum of $350.00

Making a total indebtness against said estate for the payment of which there are no funds on hand, none having come into the possession of this administrator, and for which the bulk of the property of the estate is held charged, and liable, for a better description which reference is hereby made of the inventory, appraisement and list of claims of estate on file in the County Clerk’s office at McKinney, Texas, in this case. 

APRIL 1917

No. 2681

In The Matter of the            }  In the County Court of Collin County, Texas

Estate of P. R. Garrett,       }

Deceased.  J. W. Shepard, }

Administrator                     }  To April Term. A. D. 1917

To Hon. R. L. Moulden, Judge of said Court: --

Now comes Mrs. Margaret E. Ray, formerly Margaret E. Garrett, joined herein proforma by her husband, J. J. Ray, and shows unto this Hon. Court, that she is interested in the said estate, she being an heir at law, of the said P. R. Garrett, deceased, being his grand daughter, the daughter of Albert C. Garrett, deceased, etc.  And that she is not only an heir of the said P. R. Garrett, but that she is a beneficiary under the will of the said P. R Garrett, and by the terms of said will, she is to share in the distribution, of the estate of the said P. R. Garrett, in proportion of one fourth, that is to say that by the terms of said Will, a copy of which is hereto attached and marked Exhibit, “A”, she is to have one fourth of all his property, etc, as shown by said will and the exhibit, hereto attached. 

     And comes now the said Margaret E. Ray, Margaret E. Garrett, as named in said will, and contests the right of J. W. Shepard to sell the land, and property in said estate, as herein shown etc, and she contest said right, and protest against the manner in which said estate is being managed, and also contest and protest the justness of several items therein allowed, by said J. W. Shepard, Administrator, as being just and proper claims against the said estate, when in fact the items and claims herein contested, are not proper claims, just claims, and are claims not at all against said estate, said claims, will be referred to more fully in this contest, etc.

     The reasons for objections, contest, and protest, against the sale of said land and property are as follows to wit: --

FIRST: - Because the Will as probated, a copy of which is hereto attached and marked exhibit “A” and made a part of this contest, is clearly and unequivocally, a will that only wills the property to Mrs. Margaret E. Garrett, for life, and it gives and bequeaths to her a life estate and nothing more and no power of sale is given in said Will, and this contests, and prays the Court to so hold, and as she the said Margaret E. Garrett, ahs elected to accept under the terms of this will she can not now be heard to say, that decedent had no right in law to make such a will for having once elected as she has done in this case, she is forever estopped from claiming the estate, to be any thing else, or to be heard to say that it was any other kind of an estate or to treat it as any other  kind of estate etc.  For when she probated the Will that was an election in law etc. 

     And by the terms of said Will, as aforesaid, no authority, direct nor implied, is given to sell the property, nor no part thereof hence, she can not sell said real estate, nor no part thereof, and contestant prays this Hon. Court to so hold, and deny the order of the Administrator to sell this said land or any part thereof, and that the Administrator and his Bondsmen be taxed with the costs that have accrued in this effort etc.

     Second: -- This contestant, further protests, against the sale of said property and real estate, because in the pretended application the land sought to be sold, is not described, with any certainty, and will no enough certainty, to enable any person interested in the said estate, as this contestant is, to know, what land, the Administrator is seeking to sell, nor is the description sufficient in law to authorize, a valid sale, for a sale, made under such a meger description as given therein, would be null and void. 

THIRD: -- Because the property, is not described properly, nor by metes and bounds, as required by law, in the Notices as posted, by the Sheriff, to pass a legal sale, and that a sale under such meager notices as that shown in the Sheriffs notices, would be null and void, and that same is not sufficient, to put this contestant nor any one else interested in said estate, on notice what property, is sought to be sold, etc.

FOURTH: -- because no notices have been published in a newspaper, published in this Collin County, Texas, giving notice that a sale of land would be applied for, and that the land would be sold.

FIFTH: -- wherefore, this contestant, for each and all of the reasons set up above, prays the Court, to refuse the order to sell the land of the estate of the said P. R. Garrett, as applied for by J. W. Shepard, etc.

SIXTH: --And this contestant, further protest, and contests the payment of the following accounts, out of the money or property of the estate, or proceeds of the sale of any part of the property of the estate of him, the said P. R. Garrett, deceased for the following reasons to wit: -- because the following accounts, are not legal nor just claims against the estate of the P. R. Garrett.

    The claim of $229.00 in favor of J. W. Shepard, Jr., which has been approved by the administrator, is not the debt, of P. R. Garrett, but is the debt of Frank M. Stewart, as shown therein, and that P. R. Garrett, was only surety, for same, as shown thereon, and the same was further secured by a mortgage, on two mules described therein, and that said mortgage is still in force, and the said mules, are still living, and are now worth much more, than the amount called for in said mortgage, and wherefore, contestant, prays the Court to refuse said claims, and to compel, the said J. W. Shepard Jr., if he is the real owner of said claim to first exhaust, his security, before, any part of this claim is allowed against this said estate, or in the alternative, that the administrator be required to take charge of said mules, and sell them for the benefit of this said estate, if this claim or part thereof is allowed as a claim against said estate, etc.  And that said account is not in proper form, and is not legally allowed by the administrator, against said estate, in this, it does not show for how much same was allowed for, etc.

Seventh: -- This contestant, contest, and protests, against the allowance and payment of the accounts, in favor of Mrs. Margaret E. Garrett, on ___ for $62.50, and the other for $12.50, for if said accounts were in fact paid, they were paid out of the community, funds on hand at the death of the said P. R. Garrett, as Mrs. M. E. Garrett, had no separate funds of her own, etc, with which to pay same, and if they were in fact paid, they should not be repaid to her, etc, and the contestant contests and  protests against the payment of each item etc.  Ad because the same are not allowed according to law in this, the administrator does not state for how much he has allowed same for etc.  And the Court can not ascertain from said memorandum how much the administrator, is asking the Court to order paid that the same if vague and indefinite etc.

Eighth: -- This contestant contest both items of Taxes, as shown in the exhibit, and says the same are excessive and not near that much, and that the same was supposed to have been paid etc.  But she prays the Court to hear proof of how much Taxes are justly owing by said estate, if any etc.

Ninth: -- Contestant, contests the item of $350.00 to pay Court costs, and Attorneys fees, and says the same ought not to be allowed, because the Court costs, proper will not exceed, the sum of $25.00 and that a reasonable Attorneys fee, in a case of this kind and for the amount in controversy, as shown by the invoice, which is here referred to and made a part of this contest, should not be over the sum of $50.00, and wherefore she prays that this item be disallowed because same is grossly excessive etc.

TENTH: -- The contestant, most vehemently, protest the item for $248.00 purporting to be in favor of the First Guaranty State Bank, because the same is not a proper charge against the said estate of him the said P. R. Garrett, for he died about Dec. 12^th, 1915, and this note shows upon its face that it was not made, until the Jan. 28^th, 1916, or until long after the death of him the said P. R. Garrett, etc. and hence cannot be a just claim, nor a proper claim to be allowed against said estate, etc.  And wherefore she prays that payment of this claim be not allowed etc.  It is shown that this is the debt of Mrs. Margaret E. Garrett, contracted by her long after the death of him the said P. R. Garrett, etc.

ELEVENTH: -- This contestant further shows unto this Hon. Court that the property, according to the pretended description as given herein, is the most valuable property belonging to said estate, and that the amount asked to be ordered, sold, is an excessive amount, that is that when the illegal, or improper accounts herein referred to, are disallowed, that the property ought to sell for about twice the amount of the legal debts, and that there are other property, belonging to said estate, nearer the value of the proper claims against this said estate, if there are any, an she prays that, the cheaper property be sold if any, to satisfy said debts if any etc.

    Twelfth: -- Contestant would further show unto this Court, that she verily believes that not al the property belonging to the estate of him the said P. R. Garrett, was invoiced, and made of record, she avers and charges, that just prior to the death of P. R. Garrett, that he joined by his wife, sold some two or three houses and lots in Plano, Texas to A. M. Miller, and possibly others, and that the property as so sold by him was worth about $2500.00 and a large amount of this money, or notes, therefore, should have been on hands, at his death and that it was reported that he P. R. Garrett had loaned much money to F. M. Steward, and J. M. Huffman and possibly others, possibly the proceeds of the three houses and lots referred to, and he prays the Court to hear proof, and if any property belonging to said estate, was left off of the inventory, then in that event that he same be added thereto, and that a full showing be made of all the property, notes, money, and every item of property of what so ever nature etc.  (handwritten:  Contestant charges specially that 30 acres of land out of the Perry Denton Survey in Denton County, Texas was left off of said inventory and she prays that it be added to said inventory).

    THIRTEENTH: -- Contestant, further shows, to the Court that she will suffere a loss in her rights in property of at least $750, if this illegal sale is permitted, and these illegal, and unjust accounts allowed, wherefore she prays the Court to refuse the sale of said land as therein described for the reasons therein set forth, and to refuse to allow an order for the claims, paid as above set out, for the reasons therein set out, and contestant, prays for any and all other orders both general and special as to the Court may seem mete and proper for a proper and legal adjudication of all these matters, for all of which in duty bound contestant will every pray etc.

(signed) J. D. Cottill

Attorney for Mrs. Margaret E. Ray, and husband, J. J. Ray, contestant herein.

The rest of this document is handwritten:

Fourteenth: -- Contestant, shows unto this Hon. Court that the items of Taxes for 1916 in the sum of $175.00 are neither legal, nor proper charges against the estate of P. R. Garret, because they accrued long after the death of decedent wherefore she contest this said time.

Fifteenth:  Contestant, contest the item of  $52.20 because (a) same is not itemized (b) because same has not been properly allowed by the Administrator J. W. Shepherd, wherefore she prays that he order to sell the land be refused and the amount of said accounts be disallowed for all of which contestant will ever pray.  J. D. Cottrell, Attorney for Mrs. Margaret E. Ray & husband J. J. Ray contestants herein.   

NOTES: This is obviously a draft of this document.  Numerous hand written comments, insertions and scratched out words are all over the document.  I’m sure there must have been a final typed copy presented to the court.  

2 MAY 1918

THE STATE OF TEXAS

To the Sheriff or any Constable of Collin Count, said state—GREETING;

YOU ARE HEREBY COMMANDED TO SUMMON Oliver Hughston, R. V. Yeager, T. H. Blalack, Mrs Eliza Gurley, Mrs F. M. Joyce, A. M. Miller, Dr. S. B. Wyatt, J. P. Coppedge, J. W. Shepard, H. M. Yeager, R. W. Sandifer, John Custer, E. O. Harrington, J. H. Gullege, Miss Carrie Harvey, H. R. Cahddick, J. F. Vance, M. C. Portman, C. I. Anderson, T. N. Tillery, Tom Allen, Hugh Stone, Geo. Good, Myrtle McDonald, F. N. Baskett, Ed Allen, Joe E. Bennett

To be and appear before the Honorable County Court of Collin County, on the 6^th day of May 1918, at the Court House in the City of McKinney Texas, to give evidence in the matter of the Estate of P. R. Garrett, deceased, and there remain from day to day from term to term until discharged by due course of law.  Herein fail not, and make due return of this Writ as the law directs. 

    Given under my hand, this 2^nd day of May 1918.

    Attest:  W. L. Keell (?)

      Clerk of the County Court.

FEE:  $11.50

Notes:  This is a very curious document.  Some of these names I recognize as having a financial interest in the estate…others I have no idea.  And why were they summoned?  Was it in relation to the Margaret Ray action?  

MAY 1918

#2681

Estate of P. R. Garrett, Dec’d.

J. W. Shepard

In the County Court Collin County, Texas

April Term, A.D. 1918

May 31^st, A. D. 1918

On this the 31^st day of May, A. D. 1918, comes on to be heard in the administration of the above estate, the application of J. W. Shepard administrator of said estate, filed in court on the 7^th day of February A. D. 117, to sell the following described tract or parcel of land, belonging to said estate to wit:

     Being all of the P. R. Garrett’s addition to the town of Plano, Collin County, Texas, as per Map and Plat of said Addition recorded in vol. 205, page 271, Collin County Deed Records, and being approximately 7 acres of land, more or less, save except that part of same, sold off by P. R. Garrett during his lifetime.  Which said application is accompanied by an exhibit in writing verified by the affidavit of said administrator, showing fully the condition of said estate as required by law; And it appearing to the court that citation has been duly served as the law required, and the court having heard the evidence in favor of and against the same, and having duly considered said evidence, is satisfied that a necessity exists for such sale; It is therefore ordered by the court that the above described tract or parcel of land be sold by __ by J. W. Shepard, administrator of said estate at private sale, in as much as the court considers that the property will be sold for a better advantage to said estate by private sale, for each, and that he make report to this court within thirty days after sale has been made.  

JULY 1918

#2681

Estate of P. R. Garrett               }     In the County Court, Collin County.

J. W. Shepard, Administrator   }      Texas, July Term 1918

On this the 9 day of Nov, A. D. 1918, came on to be heard in the administration of the estate of P. R. Garrett, deceased, the report of sale of J. W. Shepard, Administrator, of the property herein described, made in obedience to the order of this court made on the 31^st day of May, A. D. 1918, and entered upon the minutes of this court, and it appearing to the court that the said report had been filed in this court for the time required by law, and the court having inquired into the manner in which said sale was made and having heard the evidence in favor of and against said sale, and report, is satisfied that the said sale was fairly made and in conformity with law and for a fair price; It is therefore ordered by the court that said report be made and the same is here now in all respects approved and confirmed.  It is further ordered by the court that the said report be recorded by the clerk of this court, and the proper conveyance of the property described therein be made to Olney Davis, the purchaser named in said report, upon his compliance with the terms of said sale.

(signed) R. L. Moulden

Judge of the Court Court, Collin County, Texas

NOTE:  Court Court is repeated in the last line of the document.

OCTOBER 1918

NO. 2681 Estate of P. R. Garrett, Dec’d

In the County Court Collin County, Texas

J. W. Shepard, Administrator

July Term 1918

To the __ R. L. Moulden, Judge of said Court:  Now comes J. W. Shepard, Administrator of said estate, and ____ reports to the court that in obedience to an order of sale made by this court on the 31^st day of May A. D., in said cause, he did on the 26^th day of October, A. D. 1918, at Plano, in Collin County, Texas, at private sale, sell to Olney Davis, Of Plano Collin County, Texas, the following described property, belonging to said estate, and described in application of sale, and order of sale, further description as follows to wit:

(detailed land description follows)

……for the sum of Two Thousand and Two Hundred and No/100 ($2200.00) Dollars, all to be paid in cash, on delivery of deed vesting title in said Olney Davis, his heirs or assigns, said land being the same as described in said order of sale, and the sale made in accordance with said order of sale. 

J. W. Shepard

Subscribed and sworn to before me this 29^th day of October, A. D. 1918

NOVEMBER 1918

No. 2681

Estate of P. R. Garrett

McKinney, Texas, 11-9-1918

Dear Sir:

     The costs in the above styled cause, which now amounts to $47.97 is due and has been applied for by officers of Court.  Please call and settle the same at once, or remit by check, money order or draft.

                  Yours very truly

                                               W. L. Keen,

                                   Clerk County Court, Collin County, Texas

Handwritten across the entire document:

Rec’d payment in full herein this Nov 27, 1918

W. L. Keen, Clerk 

19 NOV 1918

OFFICE OF COLLECTOR OF TAXES

No. 119 City of Plano

Total Value Property Assessed:  $2650.00

School Advalorem:  $00.00

    City Advalorem:  $  6.63

        Sinking Fund:  $  3.95

               City Poll:  $00.00

                TOTAL:   $17.21 

Received of Mrs. P. R. Garrett the following amounts in payment of City Advalorem, School Advalorem, Sinking Fund, Street and Bridge, and City Poll Taxes for the year 1918 on Personal Property and the following described Real Estate:

Plano, Texas, Nov 25, 1918

   J. F. Vance, Collector

NOTES:  This totals 4 ½ acres.

NOVEMBER 27, 1918

Redemption receipt

NOTE:  This is very difficult to read, so I’m not posting the details, but in summary, J. W. Shepard paid the 1917 property taxes billed to Mrs. P. R. Garrett, totaling $40.00.  These taxes were spread amongst 5 pieces of property. 

APRIL 1919

Attorney At Law

Plano, Texas

#2681

                                                          } IN THE COUNTY COURT, COLLIN

Estate of P. R. Garrett, Decd.,          } COUNTY, TEXAS

J. W. Shepard, Administrator           } July Term, A. D. 1919

TO THE HON. R. L. MOULDEN, JUDGE OF SAID COURT:

Now comes J. W. Shepard, administrator of the above-mentioned estate of P. R. Garrett, deceased, and herewith respectfully presents his final account with said estate, as follows; to wit:

#1 – That all the property set out in the inventory and appraisement of said estate save and except that part of same hereinafter mentioned, is still on hands;

#2 – That this administrator has disposed of, in due course of administration, as shown by records in said proceedings, All of the P. R. Garrett’s addition to the town of Plano, and being item #3 of the Inventory, appraised at the sum of $500.00, to Olney Davis, of Plano, Texas, for the sum of $2200.00;

      That the item #4 of the inventory and appraisement has been sold and conveyed, by General warranty deed, duly executed by all legatees and beneficiaries under the Will of P. R. Garrett and the proceeds duly divided among them-selves, and this reporter did not handle same in administration.

     That all rents and revenues from said estate since coming into his hands has been collected by the surviving wife of P. R. Garrett, deceased, and used by her, inconformity to and under the terms of said Will.

#3 – That this reporter has paid, settled and satisfied all the claims, filed against this estate, which claims are as follows:

Delinquent taxes, due City of Plano, Texas…………………$166.44

Margaret Ray, under contract on file……………………….$500.00

Int. Revenue on deed to Davis………………………………$2.50

Abstracts to title to property – C. C. Abst. Co………………$55.25

Webb & Coppedge account…………………………………$45.35

Dr. S. B. Wyatt, account ……………………………………$273.00

Plano Grocery Company, account…………………………..$52.70

First Guaranty State Bank…………………………………..$263.37

J. W. Shepard Note, and interest………………….……….$282.80

J. F. Harrington, account…………………………………….$19.60

J. T Elliott Lumber Co. account……………………………..$8.35

W. L. Keen, Co. Clk, Court costs………………………….. .$47.97

Jno. Custer, notice of administrator………………………….$5.00

J. F. Harrington, School Tax, collector, 1918……………… .$15.75

J. F. Vance, City Taxes for 1918…………………………… $17.21

H. E. Morgan, payment delinquent and to 1-1-1918……….  $54.06

$2,010.20   TOTAL AMOUNT EXPENDED IN PAYMENT OF CLAIMS

#4 – That there is still owing against said estate attorneys fees for J. F. Harrington, attorney for this petitioner, also who was attorney in probating of the Will of said P. R Garrett, That this reporter feels that he is entitled to a fee of not less that $175.00 for said services, and asks that the court assess that amount, or not less that that amount for his services; in this behalf; That further this estate will be indebted in additional costs of court, in final settlement hereof. Estimated to be about $20 to 25.00;

#5 – That there is only the sum of $189.80, left on hands to pay same, and this reported estimated that it will be barely sufficient to close this administration, and if there is any remainder he respectfully asks leave to pay the same over to the surviving wife of P. R. Garrett, deceased.

     That all claims paid, are supported by proper vouchers herewith filed in court, or which have heretofore been acted upon by this Court, and are of record in this cause.

     Wherefore this reporter, respectfully asks the Court that property notice be served, as required by law, and that he be allowed to deliver to Margaret E. Garrett, surviving widow, of P. R. Garrett, deceased, all the real and personal property of said estate, and that he be released there from, and that his administration be closed.

(signed) J. W. Shepard

Administrator

APRIL 1919

State of Texas

County of Collin                              Before me the undersigned authority on this day personally came and appeared J. W. Shepard, administrator of the estate of P. R. Garrett, deceased, who having been by me first duly sworn, on his oath says that the above and foregoing account of the estate of P. R. Garrett, deceased, contains a true and correct statement thereof, to the best of this affiants knowledge and belief.

(signed) J. W. Shepard

Subscribed and sworn to before me this the 18^th day of April, A.D. 1919

(signed) J. F. Harrington, Notary Public, Collin County, Texas

(NOTE, when I add the dollar amounts, my total is $2,009.80.  Only a 40 cent difference, but you think someone would have noticed).

APRIL 1919

No. 2681

THE STATE OF TEXAS

To any Sheriff or any Constable of Collin County, Greeting:

J. W. Shepard, Administrator of the Estate of P. R. Garrett, Deceased having filed in our County Court his Final Account of the condition of the Estate of said P. R. Garrett, Deceased, together with an application to be discharged from said Administration.

You are Hereby Commanded, That by publication of this Writ for twenty days in a Newspaper regularly published in the County of Collin, you give notice to all persons interested in the Account of Final Settlement of said Estate, to file their objections thereto, if any they have, on or before the July Term, 1919, of said County Court, commencing and to be holden at the court house of said county, in the City of McKinney, on the 4^th Monday in July, A. D. 1919, when said Account and Application will be considered by said court.

Witness R. E. Holsonbake, Clerk of the County Court of Collin County, Texas

Given under by hand and seal of said Court, at my office in the City of McKinney this 22^nd day of April, A. D. 1919.

Sheriff’s Fee:  .85 cents

APRIL 1919

Sheriff’s Return

Came to hand on the 22^nd day of April A. D. 1919 at 4 o’clock P.M, and executed on the 22^nd day of April A. D. 1919 by causing a true copy hereof to be published for twenty days before the return day hereof in the McKinney Examiner, a newspaper published at McKinney, in Collin County, Texas.  This return is accompanied by the affidavit of the published, of said newspaper, as required by law.

(signed)Ed Blakeuan?  Sheriff, Collin County, Texas

By Nancy White, Deputy

AUGUST 1919

#2681

Estate of P. R. Garrett, decd.                             Probate Court Collin County,

J. W. Shepard, Admr.                                        Texas, July Term, A. D. 1919

                                                                           August 1^st, A. D. 1919

     On this the 1^st day of August, A. D. 1919, came on to be heard the final account of J. W. Shepard, administrator thereof, and it appearing to the court that due notice has been given as required by law, of the filing thereof, and the vouchers accompanying same and having heard all the evidence in reference thereto, the court approved said account, and ordered the administration closed, and if there is any personal property, or real property on hands to deliver the same to the survivor, Margaret E. Garrett, and the said Administrator is released from all liability hereof.

                                                _________________________________

                                                Judge of the County Court, Collin County, Texas

Note, this document is not signed.