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HomeMy WebLinkAbout1696_HORN_AINSLEY_77_212_07-27-1951~ss t~ -;:,<~ ~--2\-' ~ :T- ~ ~ D ~-,..s: ~ - \j'- (J it. #3569 ESTATE OF AINSLEY M. HORN ~DECEASED -- --- CERTIFIED COPY OF PROBATE PROCEEDINGS And now JUly 27.1951,~mp11ficationfiledandrecorded. Jamea 11.DoU¥lae. Reg1,ter. WILL l300X 77 PAGE •).I APPLICATION TO PROBATE WILL No.3569 Estate of Ainsley M.Horn, Deceased In the County Court of Fort Bend County,Texas. TO THE HONORABLE COUNTY COURT IN AND FOR SAID COUNTY: Your petitioner,Gifford A.Horn shows to the court: That he resides in Fort Bend County,Texas.That Ainsley M.Horn, who sometimes signed his name A.M.Horn and sometimes Ainsley Mitbner Horn,is deceased.That he died on the 5th day of August, 1950,in the Laura Eldridge Hospital in Sugarland,Fort Bend County, Texas. That at and before his death the said Ainsley M.Horn resided and had his domicile in the County of Fort Bend State of Texas.That at the time of his death the said Ainsley M.Horn was seized and possessed of real and personal property of the probable value of Five Thousand ($5,000.00)Dollars,more or less.The nature of such estate being as follows:Being a car and cash in the Imperial Bank in Sugarland and other personal possessions.That he left a written will,duly executed and herewith filed,in Which your petitioner was appointed independent executor to act without bond and in Which the said testator provided that no other action should be had in the County Court in relation to the settlement ·of such estate than the probating and recording of such will and the return of inventory,appraisement and list of claims. That your petitioner is not disqualified by law from accepting letters testamentary. Wherefore,on this the lOth day of August 1950,your petitioner prays that citiation be issued to all parties interested in said estate as required by law,that said will be admitted to probate,that letters testamentary be issued to your petitioner,and that such other and further orders be made as to the court may seem proper. Gifford A.Horn Filed Aug.10,1950, Ella Macek,County Clerk, Fort Bend County,Texas. NOTICE OF APPLICATION FOR PROBATE OF WILL No.3569 Estate of Ainsley M.Horn Deceased In the County Court of Fort Bend County,Texas. THE STATE OF TEXAS, To the Sheriff or any Constable within the State of Texas-GREETING: YOU ARE HEREBY COMMANDED TO CAUSE TO BE POSTED FOR NOT LESS THAN ten days,exclusive of the day of posting,before the return day hereof,at the Court House door of Fort Bend County a copy of the following notice: NOTICE OF APPLICATION FOR PROBATE OF WILL To all Persons Interested in the Estate of Ainsley M.Horn,some- times signed A.M.Horn and sometimes Ainsley Mithner Horn,deceased, Gifford A.Horn has filed in the County Court of Fort Bend County, on the 10 day of August,A.D.1950,an application for the probate of the last will and testament of Ainsley M.Horn,deceased,and for letters testamentary (the said will accompanying said applicat- ion),hich will be heard and acted on by the Court on Monday, the 21st day of August,A.D.1950,at the Court House thereof, in the City of Richmond,Texas,at Which time and place all persons interested in said estate may appear and contest such application should they desire to do so. HEREIN FAIL NOT,but have you before this Court this writ,with your return thereon showing how you have executed the same. GIVEN under my hand and the seal of said Court,at office in Richmond,Texas,this the lOth day of August,A.D.1950. Ella Macek,Clerk of the County (L.S.)Court of Fort Bend County,Texas. SHERIFF'S RErURN Came to hand the 10 day of August,A.D.1950,at 3:30 o'clock P.M. and executed on the 10 day ot August,A.D.1950,at 3:45 o'clock P.M. by posting a copy of this notice at the Court House door of said County. Fees -$1.00 Rue Lincecum,Sheriff Fort Bend County,Texas. By Y.R.Flores,Deputy Issued Aug.10,1950, Ella Macek,County Clerk Returned and filed the 21 day of Aug.A.D.1950, Ella Macek,County Clerk. .. PROOF OF WILL No.3569 Estate of Ainsley M.Horn, Deceased THE STATE OF TEXAS, COUNTY OF FORT BEND. .... In the County Court of Fort Bend County,Texas. On this the 21st day of August,1950,personally appeared in open court,Audrey H.Cooper,who being duly sworn,deposes and says:That on the 16th day of May,1950,she was present and saw Ainsley M.Horn sign the instrument in writing filed in this court on the lOth day of August,1950,and now shown to her,bearing date on the 16th day of May,1950,and purporting to be the last will of him,the said Ainsley M.Horn,and heard him publish and declare the same to be his last will and testament;that at the time of signing and publishing the same,the said Ainsley M.Horn as over twenty-one years of age,was married and of sound mind;that this affiant and Mildred H.Austin,Merl E.Horn and Thyra Horn Butler, Whose signatures appear on said instrument,on said 16th day of May, 1950,then being credible Witnesses above the age of fourteen years, subscribed their names as Witnesses to the same,in the presence and at the request of said testator and in the presence of each other. That the said instrument is duly signed by the said Ainsley M.Horn, testator and duly attested by the said Witnesses. That afterwards,on the 5th day of August 1950,said Ainsley M.Horn died in said County of Fort Bend Texas,in which he had his domicile at and before his death and Without having revoked said ill. Audrey H.Cooper Sworn to and subscribed by the said Audrey H.Cooper in open court before me this 21st day of August,1950. H.Cecil Baker,County Judge Fort Bend County,Texas. (L.S.) Filed Aug.21,1950, Ella Macek,County Clerk, Fort Bend County,Texas. LAST WILL &TESTAMENT No.3569 Estate of Ainsley M.Horn, Deceased In the County Court or Fort Bend County,Texas. THE STATE OF TEXAS ) COUNTY OF FORT BEND)KNOW ALL MEN BY THESE PRESENTS: That I,Ainsley M.Horn,a resident citizen of Fort Bend County,Texas,being of sound mind and disposing memory, and desiring to arrange my worldly affairs to take effect at my death,do here make and publish this my last will and testament, to-wit: -1- If I have heretofore made any will which is now in force,I do hereby revoke each said will and declare this to be my last will and testament. -2- I do give and bequeath unto my Wife,10ma Anna Horn, all property of every class,kind and description belonging to me at the time of my death. -3- I do hereby appoint my son,Gifford A.Horn,executor of this my last will and testament,direct that no bond be required of him as SUCh,and that no action with reference to the settlement of my estate be had in any court except to have probatei this will and to have returned an inventory and appraisement of my estate. -4- If I owe any debts at the time of my death,I give and grant unto my Executor the power to sell and convey such property as he may deem proper in order to obtain funds With which to pay such debts,if any.He 1s given the same power,if it is necessary, to raise funds to pay any inheritance tax or estate tax which may be levied against the property belonging to me at the time of my death. WITNESS my hand on this the 16 day of May,1950,in the presence of the subscribing Witnesses whose names are signed below. A.M.Horn Ainsley Mithner Horn We,the undersigned,on the day last mentioned,after the above and foregoing Will had been signed in our presence by Ainsley M.Horn,and after he had declared to us the same to be his last will and testament,and after he had requested us to witness the execution thereof,in his presence and in the presence of each other, did sign our names hereto as witnesses to the execution of this will. Mildred H.Austin Audrey H.Cooper Merl E.Horn Thyra Horn Butler Filed Aug.10,1950, Ella Macek,County Clerk, Fort Bend County,Texas. ORDER PROBATING WILL No.3569 Estate of Ainsley M.Horn IN THE County Court of Deceased Fort Bend County,Texas. This the 21st day of August,1950,came on to be heard the written application of Gifford A.Horn,a resident of Fort Bend County,Texas,for the probate of a certain instrument in writing,dated the 16th day of May,1950,and now produced in court,being filed herein with said application on the lOth day of August,1950,purporting and alleged to be the last Will of Ainsley M.Horn,deceased,which said application is also for letters testamentary,and due proof being taken in the manner reqUired by law,and it being proved to the satisfaction of the court that this court has jurisdiction of this estate,that every citation re- quired by law has been duly issued,served and returned in the manner and for the length of time reqUired by la ;that the testator, Ainsley M.Horn,at the time of executing said will was at least twenty-one years of age,was married,was of sound mind,and died on the 5th day of August,1950,at the Laura Eldridge Hospital in Sugarland,Fort Bend County,Texas;that such testator executed such will with the formalities and solemnities and under the circumstances required by law to make it a valid Will;that the same has not been revoked by such testator and that it is entitled to probate;and it further appearing that the applicant,Gifford A.Horn,was named - in said w11l as executor,that he is entitled by law to letters and 1s not disqualified from accepting letters,that four years have not elapsed since the death of the said Ainsley M.Horn,that such will provides that no other action shall be had in the County Court in relation to the settlement of such estate than the probating and recording of such will and the return of an inventory,appraise- ment and lists of claims of such estate; It is therefore ordered,adjudged and decreed that the said will on file herein be and the same is hereby admitted to probate and record as the last will of the said Ainsley M.Horn,deceased, and such will,together with the application for probate thereof and all the testimony given in this proceeding shall be recorded in the Minutes of this Court;and it is further ordered,adjudged and decreed that said Gifford A.Horn,appl1cant herein,receive letters testamentary upon his taking the oath reqUired by la ,and when the said Gifford A.Horn shall have qualified according to law,the Clerk of this court will issue letters in accordance With this judgment,and T.C.Rozelle,Curtis Hall and R.B.Sheppard,are appointed appraisers of said estate. H.Cecil Baker,Judge of the County Court of Fort Bend County,Texas. OATH OF EXECUTOR No.3569 Estate of Ainsley M.Horn, Deceased In the County Court of Fort Bend County,Texas. I do solenm1y swear that the writing which has been offered for probate is the last will of Ainsley M.Horn,so far as I know or believe,and that I will well and truly perform all the duties of executor of said will of the estate of said Ainsley M. Horn,deceased. Gifford A.Horn Sworn to and subscribed by the said Gifford A.Horn before me this the 21 day of August,1950,to certify which Witness my hand and seal of office. (L.S.) R.W.Lindsey,Notary Public in and for Fort Bend County,Texas. Filed Aug.21,1950,Ella Macek,County Clerk,Fort Bend County,Texas. -. INVENTORY,APPRAISEMENT AND LIST OF CLAIMS No.3569 Estate of Ainsley M.Horn, Deceased In the County Court of Fort Bend County,Texas. PROBATE DOCKET Inventory and appraisement of the estate of Ainsley M.Horn,deceased I produced before the undersigned appraisers on the 28th day of September l 1950,by Gifford A.Horn,independent executor of the estate of the said Ainsley M.Horn,deceased. SEPARATE PROPERTY OF SAID AINSLEY M.HORN,DECEASED-None. COMMUNITY PROPERTY OF SAID AINSLEY M.HORN,DECEASED Personal Property. Cash in the Imperial Bank and Trust Company ------------$2729.39 One United States SaVings Bond~Series E,No.Q427-740-325E,dated December,1944 ------------------- Household furniture--------------- One 1938 Buick Sedan~------------­ Real Estate. Lot Thirteen (13)in Block Twenty (20)of Bayou Oaks, Harris County,Texas------------------- 20.75 275.00 150.00 900.00 We,the undersigned appraisers,solemnly swear that the foregoing is a full and fair appraisement of the estate of Ainsley M.Horn~deceased,produced before us by Gifford A.Horn, independent executor. R.B.Sheppard T.C.Rozelle,Jr. Curtis Hall 4,075.14 Sworn to and subscribed before me by the said R.B. Sheppard,T.C.Rozelle,Jr.and Curtis Ha11 1 this 29 day of September,1950. V.F.Krehmeier,Notary Public in and for Fort Bend County,Texas. (L.S.) LIST OF ALL CLAIMS DUE OR OWING TO SAID AINSLEY M.HORNI DECEASED - None. LIST OF ALL CLAIMS DUE OR OWING TO SAID AINSLEY M.HORN,DECEASED.- None r---------~--------------- '. I,Gifford A.Horn,do solemnly swear that the foregoing inventory and lists are and comprise a full and complete inventory and list of all of the property and claims of,due or owing Ainsley M.Horn,my testator,and a full and complete list of all debts and claims,with reference to inheritance taxes as now required by law,due or owing by Ainsley M.Horn,my testator,that have come to my knowledge or are known to me. G.A.Horn Sworn to and subscribed before me,by the said Gifford A.Horn,this 29 day of September,1950,to certify which witness my hand and seal of office. v.F.Krehmeier,Notary Public 1n and for Fort Bend County,Texas. (L.S.) Filed Oct.11,1950, Ella Macek,County Clerk, Fort Bend County,Texas. APPROVAL OF INVENTORY No.3569 Estate of Ainsley M.Horn, Deceased In the County Court of Fort Bend County,Texas. This the 20 day of Nov.1950,came on to be considered the inventory,appraisement and list of claims owing to,and of debts and claims at the of this order and with reference to inheritance taxes as now required by law,owing by,Ainsley M.Horn, deceased,filed herein,by Gifford A.Horn on the 11 day of Oct. 1950j and the same having been examined by the court and the court being satisfied that the same should be approved it is accordingly ordered that such inventory,appraisement and list of claims owing to and of debts and claims owing by Ainsley M.Horn,deceased,be, and the same are hereby,approved and that the same be recorded upon the probate minutes of this court. H.Cecil Baker THE STATE OF TEXAS ) COUNTY OF FORT BEND ) I,Winona Schendel,Clerk of the County Court of Fort Bend County,Texas,do hereby certify that the foregoing is a true and correct copy of the following: 1.Application to Probate Will - - -- -Volume 18,page 397 2.Notice of Application for Probate of Will-"18,"398 3.Proof of Will - - - -------"18,"398 4.Last Will &Testament ----.----- -"18,II 399 5.Order Probating Will---------- - II 18,11 400 6.Oath of Executor - - - - - - - -- ----11 18,"401 7.Inventory,Appraisement and List of Claims-"18,"623 8.Approval of Inventory -II 18,tI 623-------- -- In Cause No.3569,Estate of Ainsley M.Horn,Deceased,as the same appears of record,in my office at Richmond,Texas,of the Probate Records of Fort Bend County,Texas. Witness my hand and seal of office at Richmond,Texas, this the 26th day of April,A.D.1951. Winona Schendel,Clerk County Court Fort Bend County,Texas -4 ///4BY.........~........-:.-.:;y .;..;...-.DEPUTY ". T STATE OF TEXAS COUNTY OF FORT BEND I,Winona Schendel Clerk Count,.Court,in and for said Countl and State,do hereby certify that the foregoing and annexed pages con- tain a full,true and correct copy of the reoord and prooeedings No. 3569,Estate of Ainsley M.Rom,Deceased,in the County Court of said County so full and entire as the same remains of reoord in this offioe at this date. In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Richmond,Texas this the 15th day of ay A.D.1951. Texas THE STATE OF TEXAS COUNTY OF Fe RT BEND I,H.Cecil Baker,Judge of County Court aforesaid,do hereby oertif}that the above named Winona Schendel,by hom the foregoing attestation was made,was at the time of so aking the same and is now the Clerk of said County Court,duly oommissioned and qualifi d,to all whose acts as such full faith and credit are and ought to be given;that the se 1 ther to annexed is th eal of the said Court,and that the said ttest tion,so made by him,is in due form of law and by the proper officer. In Testimony whereof I have hereunto set my hand and seal at Richmond,Texas this 15th dar of ~A.D.1951. Texas THE STATE OF TEXAS COUNTY 0 F FORT BEND I,Winona Schendel,Clerk of the County Court,in and for said County,do oertify that Hon.H.Ceoil Baker,by whom the foregoing oertificate was gi~n,and whose name is thereto subscribed in hi own proper handwriting,was at the date thereof JUdge or County 0 rt of aid County,duly oommissioned,sworn,qualified and aoting. In Witness wh reof I have h reunto set my hand and ftix the ceal of the said Court at Richmond,Texas this 15th day of May 195 •