Harmon County, OK - John D. (Darling) McGraw - Will
http://www.usgwarchives.net/ok/harmon/harmon.htm
************************************************************************
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.

Submitted by:  Carol McGraw Renner,  rennerrc@lmtonline.com
Copyright, 1998-2003 USGenweb
Transcribed from photocopyies of documents
-------------------------------------------------------------------------

Petition for probate of Will

To the Honorable J.W. Watson, Judge of the County Court, of the County
of Harmon, of the state of Oklahoma.
The petition of William A.McGraw of Oklahoma County, State of Oklahoma,
respectfully represents and shows:
        That John D.(Darling) McGraw departed this life at the city of
Breckenridge, in the county of Stephens, of the State of Texas, on or
about the 13 day of May, 1929;
That said John D. McGraw at the time of his death was a resident of the
county of Harmon of the State of Oklahoma, and left estate consisting of
real and personal property in said county, the general character,
description and probable value of which are as follows:
S 1/2 of the NW 1/4 of Section 16, TWP.3N., range 25 W., in the County
of Harmon, of the State of Oklahoma. approximate value of $8,000,
subject lein to the State School Land Department. Lots 1, 2,3 and 4
Block 1, Lawndale Addition to the Town of Hollis, Harmon County,
Oklahoma--approximate value $1,000.
        That said deceased left a will bearing date on or about the 26 day of
June, 1928, which is now in the possession of your petitioner 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 your petitioner, the person named in said will as executor resides
in Oklahoma County State of Oklahoma, and consents to act as such
executor;       That the names, ages and residence of the heirs, devisees, and
legatees of said decedent, so far as known to your petitioner, are as
follows:
Sarah Bennett McGraw, widow of deceased, age 70, present post office
address, Borger,Texas.
William A. McGraw, son, age 45, Oklahoma City, Okla.
Mary McGraw Palmer, daughter, age 44, Hollis, Okla.
Benj. F. McGraw, son, age  35, Borger,Texas
J.D. McGraw, son, age 31, c/o Fitzsimons Gen'l Hospital, U.S. Army,
Denver, Colo. 
Lera McGraw Kirby, daughter, age 29, Sadler, Texas.
Lura McGraw Beckett, daughter, age 29, Littlefield, Texas.
Dorothy McGraw Hightower, age 25, Breckenridge, Texas.

        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 hereof, that said will be admitted to probate, and letters
testamentary issued thereon to executor named in said will. And your
petitioner will ever pray.

        Dated this 31st day of August, A.D. 1929
                   signed: William A. McGraw

                        ****************************
State of Oklahoma}
County of Harmon } SS.    In the County Court

IN THE MATTER OF THE ESTATE OF JOHN D. MCGRAW, DECEASED;
FINAL ACCOUNT OF ADMINISTRATOR AND PETITION FOR DISTRIBUTION AND
DISCHARGE.

Comes now W.A. McGraw, and presents here with is final account and
report of his proceedings as executor ofthe estate of John D. McGraw,
deceased, by virtues of letters testementary granted to him herein on
the 21 day of September 1929, and alleges states.

That notice to creditors of said estate to present claims has been given
according to law, as appears more fully from the affidavit of the
publisher of the Hollis Post Herald, hereto attached and marked exhibit
"A".

That the following is a complete statement of the claims presented to
the said W.A. McGraw, executor of the said estate, together with the
statement of the claims allowed and those rejected.

        There has been collected by this executor since his appointment the sum
of $6,973.62 which is a part and partial of this estate.

        There has been expended by the executor of this estate the sum of
$3,847.90 on the upkeep, care, and maintian of this estate.

        That the following is a full and correct statement of the items of
receipt and items of expense, and disversement by the said W.A. McGraw,
as executor, of the estate of John D.McGraw, deceased.
                
This executor has collected for the benefit of the estate since his
appointment down to and including the present day the sum of $6,793.62.
        That he has expended for the benefit of the estate, since his
appointment and down to and including the estate, the sum of $3,847.90.
That this executor has on hand in cash inthe bank the sum of
$1,110.41.That the executor W.A. McGraw, owes to the estate the sum of
$1,150.04. That Dorothy Hightower one of the heirs owes to the estate
the sum of $460.58. That Lera Kirby one of the heirs owes to the estate
the sum of $135.00.     That Mary Palmer one of the heirs, owes to the
estate the sum of $50.00 that their is the sum of $202.41 and another
sum of $17.28, making a total of $219.60, that is out on
investment.Making a total of  $3,125.62 dollars now ready for
distribution by said estate.
W.A. McGraw, of lawful age being first duly sworn on this oath that he
is the executor of the estate of John D. McGraw, deceased; that he has
read the forgoing final account and report and the same is true and
correct.
                                Signed:  Arch McGraw

Subscribed and sworn to before me on this the 24 day of Oct. 1946.
        C.A. Lee, Notary Public

W.A. McGraw, further states that all of the lawful debts of said estate
have been paid, and that the said estate is ready for settlement and
distribution. That the balance on hand belonging to said estate should
be distributed according to law, among the lawful heirs entitled
thereto, that the estate now owns the following real estate to-wit:
South half of the Northwest quarter of section 16, of township 3, North
of Range 25, west of the Indian Meridian.

That said land and property now on hand should be distributed as
follows:
        To Sara Bennett McGraw, a life estate in all my property both real and
personal. That Sara Bennett McGraw, has since the filing of the petition
herein died intestate and her said estate which consists only of a life
estate in the estate of John D. McGraw, deceased, now ceases, and the
whole of said estate of John D.McGraw, deceased; should be distributed
in accordance with the last will and testament of John
D.McGraw,deceased; and for which this executor prays.

        To William A. McGraw, Mary McGraw Palmer, and Ben F. McGraw, an
undivided 1/8 interest in and to the estate of John D. McGraw, deceased;
To John Dewey McGraw, 1/8 of the estate of John D. McGraw, deceased; To
Lera McGraw Kirby, Lula McGraw Beckett, Dorothy McGraw Hightower, and
undivided 1/6 interest each in and to the estate of John D. McGraw,
deceased.

Wherefore you petitioner prays that his final account as above set forth
be allowed and confirmed; that upon the same being allowed and settled,
the resedue belonging to said estate be distributed as above prayed for;
and that thereupon the said W.A. McGraw, be discharged from his duties
as the executor of the estate of John D. McGraw, deceased.
                                        signed: Arch McGraw
STATE OF OKLAHOMA}
COUNTY OF HARMON }    IN THE COUNTY COURT

        In the matter of the Estate of John D. McGraw, deceased.

                                        FINAL DECREE

        It appearing to the court on satisfactory proofs and the evidence that
the necessary expenses of funeral of the last sickness of said deceased
and of the administration of the said estate had been fully paid and
that all the debts existing against the deceased or allowed by the court
to pursuant by law have been fully paid and satisfied as hereinafter set
out and that said estate has been fully administered as shown by the
final account of W.A. McGraw, executor of said estate duly audited and
allowed by this court, pursuant to the due notice given and served
reference being had thereto and that said estate is ready for
distribution.
        And if further appearing that due notice of the application for this
final Decree in said matter assigning the estate to the person hereto
entitled by law has likewise been duly given and served pursuant to the
law in such cases made and now provided and it further appearing that
the said deceased died testate and the residue of said estate consisting
of the following:
Lots 1,2,3 and 4 Block 1, Lawndale Addition, to the town of
Hollis,Oklahoma. The South half of the Northwest Quarter of Section 16,
Township 3 North, Range 25, West of Indian Meridian.
        And it further appearing to the Corut that the following persons are
entitled to distributive shares in said estate and in the following
porportions to-wit:
        To William A. McGraw a son, Mary McGraw Palmer, a daughter, Ben F.
McGraw a son and unidivided 1/8 interest each in and to the Estate of
John D. McGraw, deceased.
        To John Dewey McGraw an undivided 1/8 interest in the estate of John D.
McGraw,deceased.
       To Lera McGraw Kirby, Lula McGraw Beckett and Dorothy McGraw Hightower
and undivided 1/6 interest each in and to the Estate of John D. McGraw,
deceased.
        And it is further appearing to the court that because of the small
value of said estate and the great number of heirs that there is no
State or Federal Inheritance tax due to either the State Governement or
the Federal Government.
        And it further appearing to the court that all State and Federal income
taxes have been reported and settled to the respective agencies of said
State Government and Federal Government.
        It is the futher order of the court that:
        William A. McGraw a son is indebted to the estate of John D. McGraw,
deceased, in the sum of $1,110.41
        It is the further order of the court that Dorothy McGraw Hightower a
daughter and one of the beneficiaries herein is indebted to the estate
of John D.McGraw, deceased, in the sum of $460.58.
        It is the further order of the court that Lera McGraw Kirby a daughter,
one of the heirs is indebted to the estate in the sum of $135.00.
        It is the futher order of the court that Mary McGraw Palmer, a daughter
and one of the beneficiaries herein is indebted to the estate of John
D.McGraw, deceased in the sum of $50.00.
        It is the further order of the court these indebtednesses owed by the
various beneficiaries be and the same is hereby approved by the court in
the amount herein before set out and they are ordered and directed to
make payment in said amount when and at the time distribution is made in
this said cause of action.
        It is therefore ordered, adjudged and decreed by the court that William
A. McGraw a son, Mary McGraw Palmer a daughter, Ben F. McGraw a son,
John Dewey McGraw a son, Lera McGraw Kirby a daughter, Lula McGraw
Beckett a daughter and Dorothy McGraw Hightower a daughter are the sole
and only heirs of John D. McGraw, deceased and that the above described
shares of said estate of John D.McGraw, deceased, so far as aforesaid
set said opposite the names of said heirs respectively be and the same
are hereby transferred vested and assigned and conveyed to said heirs as
follows forever;
        To William A. Mcgraw a son, Mary McGraw Palmer a daughter, and Ben F.
McGraw a son and undivided 1/8 interest each in and to the Estate of
John D. McGraw, deceased.
        To John Dewey McGraw a son, an undivided 1/8 interest in and to the
Estate of John D.McGraw, deceased.
        To Lera McGraw Kirby, Lula McGraw Beckett and Dorothy McGraw Hightower,
daughter an undivided 1/6 interest each in and to the Estate of John
D.McGraw, deceased.
        To have and to hold the same together with all and singular the
herditaments and appurtenances to the above named persons and their
assigs forever.

WITNESS my hand and seal of said court this the 27th day of Feb 1947.
        C.H. Maddell
        County Judge