Wills with Garvin County Ties - E.C. Evans Submitted by Brenda Choate bcchoate@yahoo.com ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ *********************************************************************** Wills with Garvin County Ties E.C. Evans # 397A Garvin County Probate Records Pages 136,137,138,139,& 140 No. 397A LAST WILL AND TESTAMENT OF E.C.EVANS I, E.C.Evans, whos full Christian name is Elwood Charles, of Garvin County, Oklahoma, being now of sound and disposing mind and memory, but in expectation of death in the near future, and desiring to make disposition of my property and affairs while yet able to do so, do hereby make, publish and declare the following to be my last will and testiment. 1. I hereby appoint and designate my wife Annie S. Evans, sole executrix, without bond, of this my last will and testiment. 2. I direct the payment of all my just debts and funeral expenses. 3. I hereby authorize and empower my executrix herein appointed, to sell either at pbulic or private sale, and at such times and in such manner and upon such terms and conditions as she may deem most advantageous and for the best interests of my estate, the whole or any part of the real estate of which I may die seized or possessed, or any interest therein, and to execute and deliver any and all conveyances, deeds or instruments that may be necessary to transfer said property or to carry out the intentions of this provision, and to invest the proceeds or so much thereof as are not necessary for the maintenance of my wife and minor children, in such manner and upon such terms as my said executrix shall deem to the best interests of my estate. 4. To my wife, Annie S. Evans, I give and bequeath all my personal property and the proceeds of my real property; all of said real property or the proceeds thereof, and all of said personal property or the proceeds thereof to be held in trust for my minor children. But in case of the remarriage of my wife Annie S. Evans, this trust shall end, and then and in that event I give and bequeath unto her a child's share of all my estate both real and personal. 5. To each of my six children, B.F. Evans, Charles Albert Evans, Henry Firman Evans, Calvin Claude Evans, Estelle Ann Evans, and Johnny Agnes Evans, I give and bequeath an equal share of all my estate, subject only to the provisions herein made for my wife, and the share of each child shall be paid to it in full by my said executrix or her successor upon each child's becoming of age. 6. In witness where of, I, E.C.Evans, have to this my last will and testiment consisting of four (4) sheets of paper, subscribed my name, this 20th day of May, 1909. E.C. Evans Subscribed by E.C. Evans, in the presence of each of us, the undersigned, and at the same time declared by him to us to be his last will and testiment and, we, thereupon at the request of E.C. Evans, in his presence and in the presence of each other, sign our names hereto as witnesses this 20th day of May, 1909, at the residence of said E.C. Evans, in Garvin County, Oklahoma. J.F. Armstrong, Lindsay, Oklahoma S.H. Long, Lindsay, Oklahoma J.D. Hadlock, Lindsay, Oklahoma #397A State of Okla. Garvin Co., ss In the County Court. In the Matter of the Estate of E.C. Evans, deceased Petition to Probate Will and Will Indorsements Filed at Pauls Valley, May 28, 1909. W.B.M. Mitchell, County Judge C.L. McArthur, Atty for Petitioner +++++++++++++++++++++++++++++++++++++++++++ ORDER FOR HEARING PETITION FOR PROBATE OF WILL State of Oklahoma, County of Garvin, ss IN COUNTY COURT In the Matter of the Estate of E.C. Evans, Deceased Annie S. Evans having on the 28th day of May, A.D., 1909, filed in this court an instrument purporting to be the last will and testament of E.C. Evans, Deceased, with a petition that the same be admitted to probate as and for the last will and testament of E.C. Evans, Deceased, and that letters of Administration issue to Annie S. Evans. It is Hereby ordered, that Thursday, the 1 day of July, 1909, at Nine O'clock a.m., of said day, at the court room of this Court at Pauls Vallely in said County of Garvin be, and the same hereby appointed as the time and place for providing said will and hearing the petition of said Annie S. Evans, and any person interested may then and there appear and contest said will, and file objections in writing to the granting of letters of Administration as prayed for by said petitioner. It is further ordered, that notice thereof, be given by pub- lication not less than three different days of publication prior to said hearing in the Lindsay News, a weekly newspaper printed and published in said Garvin County. And that written or printed copies of said notice be addressed to the heirs of said testator resident in this state, and to the executor, and any co-executor, named in the will, if he be not the petitioner at their places of residence, if know to said petitioner, and deposited in the post office, with the postage thereon prepaid by said peritioner at least ten days before the day set for hearing said petition. Proof of the mailing of such notice must be made at the hearing on July 15, 1909. Dated this 20th day of May, A.D., 1909. W.B.M.Mitchell, County Judge No 397A In County Court, County of Garvin In the Matter of the Estate of E.C. Evans, Deceased Order for having Petition for Probate Filed at Pauls Valley May 28, 1909 State of Oklahoma Garvin County ss Proof of Publication J.L. Avey of said County and state, having been first duly sworn, deposes and says: That he is and all times embraced in the publication herein mentioned was, the Editor, publisher and printer of the Lindsay News, a newspaper of general circulation, printed and published weekly at Lindsay in said county; That said newspaper had been published and of general circulation in Garvin County for fifty-two consecutive weeks prior to the first publication of the notice herein mentioned. That deponent as such publisher and printer, during all times mentioned in this affidavit, has had and still has, charge of all advertisements in said newspaper; and That a notice of which the annexed is a true copy, was published in the above named newspaper on the following dates, to wit, June 4th, June 11th, and June 18th, 1909, the same being for a period of once a week for three consecutive weeks and further deponent saith not. J.L. Ivey Subscribed and sworn to before me this 1st day of July, 1909. (Seal) Charles L. Grimes, Notary Public, My commission expires on December 10, 1911. NOTICE OF HEARING PETITION FOR PROBATE OF WILL State of Oklahoma County of Garvin ss In the County Court for Said County and State Notice is hereby given to all persons interested in the estate of E.C. Evans, deceased, that on the 28th day of May, A.D., 1909, Annie S. Evans produced and filed in the county court in the county of Garvin, State of Oklahoma, an instrument in writing purporting to be the last will and testament of E.C.Evans, deceased, and also filed in the said court her petition praying for the probate of said will, and that letters testamentary issue thereon to Annie S.Evans, the executor named in said will. Pursuant to an order of said court made on the 28th day of May, 1909, notice is hereby given by that Thursday, the 1st day of July, 1909, at the hour of nine o'clock a.n., of said day, that being a day of the regular April term, 1909, of said Court, has been appointed as the time for hearing said petition, and proving said will at the county court room in Pauls Valley in said county of Garvin, when and where all persons interested may appear and contest the same. In testimony whereof, I have hereunto set my hand and the seal of said county court, this 28th day of May, 1909. (Seal) W.B.M.Mitchell, County Judge No. 397A NOTICE OF HEARING PETITION FOR PROBATE OF WILL State of Oklahoma County of Garvin ss In the County Court for Said County and State Notice is hereby given to all persons interested in the estate of E.C.Evans, deceased, that on the 28th Day of May, A.D., 1909, Annie S. Evans produced and filed in the county court in the county of Garvin, State of Oklahoma, an instrument in writing purporting to be the last will and testament of E.C. Evans, Deceased, and also filed in the said court her petition praying for the probate of said will, and that letters testamentary issue thereon to Annie S. Evans, the exector named in said will. Pursuant to an order of said court made on the 1" day the 28th day of May, 1909,notice is hereby given that Thursday, of July, 1909, at the hour of nine o'clock a.m. of said day, that being a day of the regular April term, 1909 of said court, has been appointed as the time for hearing said petition and proving said will at the county court room in Pauls Valley, in said county of Garvin, when and where all persons interested may appear and contest the same. In testimony whereof, I have hereunto set my hand and the seal of said county court, this 28" day of May, 1909. (Seal) W.B.M.Mitchell, County Judge State of Oklahoma Garvin County ss C.L. McArthru, of lawful age, being duly sworn, on his oath states that on June 2nd, 1909, he addressed a copy of the within notice to each of the following heis of E.C. Evans, deceased, residents of the State of Oklahoma, at Lindsay, Oklahoma; B.F. Evans, Charles Albert Evans, Henry Furman Evans, Calvin Claude Evans, Estella Ann Evans, and Johnnie Agnes Evans. That Lindsay, Oklahoma, is the post office address of said heirs, and that he deposited said addressed notices in the post office, with the postage thereon prepaid by said C.L. McArthur the attorney for the Petitioner. C.L.McArthur Subscribed and sworn to before me this 6th day of July, 1909 Vera A. Wagnall, Clerk, County Court #397 A. In Re estate of E.C.Evans, dec'd Proof of Maling Notices to Heirs Indorsements Filed at Pauls Valley Jul 6, 1909 W.B.M. Mitchell, County Judge State of Oklahoma Garvin County ss In the Matter of the Estate of E.C. Evans, deceased. Annie S. Evans, of lawful age, and competent witness, being first duly sworn in open court, on this 1st day of July, 1909, testifies, as follows; My name is Annie S. Evans, and I reside in Garvin County, Oklahoma. I am the widow of E.C.Evans, deceased, and am the person named in his last will and testament as administratix. E.C. Evans was a resident of Garvin County, Oklahoma, at the time of his death. He died May 23rd, 1909, at his home south of Lindsay, in Garvin County, Oklahoma. I was present when E.C. Evans made his last will and testament on May 20th, 1909, and he was at that time of sound mind and in full possession of all his faculties. He was absolutely free from duress, fraud, menace, or undue influence, and made his will in all respects in accordance with his own wishes and desires. There were present at the time of the making of this will a number of persons in the house, and at the time of it's exectuion there were present in the room myself, C.L.McArthur, the attorney who drew the will, and J.F. Armstrong, Sam H. Long and J.D. Hadlock. The last three appear as attesting witnesses. These three witnesses in my presence, in the presence of each other and in the presence of E.C.Evans, signed this will after E.C. Evans had signed it and at his request. I am willing to act as executrix of this estate. Besides myself the only heirs left by E.C.Evans are six children as follows; B.F.Evans, age 15 years, Charles Albert Evans, age 13, Henry Firman Evans, Age 11, Calvin Claude Evans, Age 8, all boys, and Estella Ann Evans, age 6, and Johnny Agnes Evans, age 2, both girls. All of this children life with me south of Lindsay in Garvin County, Oklahoma. E.C. Evans left estate in Garvin County as follows: One hundred acres of land near Stratford of the probable value of $2000.00; a house and lot in Purdy of the probable value of $150.00; one lease of 160 acres of land, know as the Evans place about six miles south of Lindsay, and of the probable value of $150.00 a year; the lease runs for two years yet: one lease of 200 acres known as the Harris lease, about five and one half miles south of Lindsay, of the probable value of $150.00 a year, we have three years yet on the Harris lease; one lease of 240 acres known as the Levy Kenny Lease, of the probalbe value of $200.00 a year; we have yet two years on this place; seventy head cattle of the probable value of $1400.00; three mules of the value of $400.00; one horse of the value of $100.00; and 28 head of hogs of the probable value of $150.00; farming implements of the probable value of $50.00, notes of the probable value of -----to be continued