Love Co., OK - Wills: M.M. Moore and Bessie Edith Moore ******************************************************* This file was contributed for use in the USGenWeb by: Eursley Jane Moore Singletary Submitted April, 2003 USGenWeb Archives. Copyright. All rights reserved http://www.usgwarchives.net/copyright.htm ******************************************************* Wills: Milton Monroe Moore III and Bessie Edith Moore, 1952 & 1955 ORDER and DECREE: Burneyville, Love County, Oklahoma MUTUAL AND CONJOINT WILL OF M. M. MOORE AND BESSIE EDITH MOORE, HUSBAND AND WIFE. We the undersigned, M. M. Moore, and Bessie Edith Moore, husband and wife, both of Burneyville, Oklahoma, being of sound and disposing mind and memory and desiring to make proper division and provision for the distribution of the property of which we may die seized and possessed, do hereby declare and publish this mutual and conjoint will as the last will and testament of each of the undersigned testators, hereby revoking any and all wills and codicils by either of us at anytime heretofore made. 1. Upon the death of either of us, the debts and funeral expenses of the deceased shall be first paid out of the property belonging to the said deceased. 2. In case either of the undersigned testators shall survive the other, then upon the death of that one testator who shall first pass away, the said testator does hereby give, devise, and bequeath to the survivor all the property of which the deceased may die seized and possessed, whether the same be real, personal or mixed, and regardless of where the same may be situated, provided that said survivor shall have a home and the rents, profits, and enjoyment of the deceased' property during the survivor's lifetime, but with the remainder going to the children and grandchild listed below. 3. We hereby appoint Edith Katherine Frazier, nee Moore, as executrix of our estates, and direct that she be permitted to act in said capacity without bond. 4. We hereby give, devise, and bequeath to our youngest son, David Moore, the following described real property and the improvements thereon, to- wit: The South-half of the Southwest Quarter, and the Northwest Quarter of the Southwest Quarter, and the Southwest Quarter of the Northeast Quarter of the Southwest Quarter, containing 130 acres more or less, in Section 2, T 8 S, R 1 W, Love County, State of Oklahoma. We give the above described property to David Moore to be his very own, and the other children shall not share therein, because we have already helped the other children by sending them to school and by prior advancements, whereas we want to assure that David Moore shall receive his just share. 5. To our son Leroy Moore, we leave $100.00 and nothing else, because we feel that we have helped Leroy to the extent that he has already received his share. 6. All the rest and residue of our property, real, personal, or mixed of every kind and where ever situated, whether vested or contingent at the time of our deaths, we do devise, give and bequeath, absolutely free and clear of any conditions or restrictions, to the following eight children and one grandchild, less prior made advancements to the five children so signified, provided that if any such sum or sums prior made advancements shall be equal to the share or shares of such child or children respectively, of and in the said premises, then such shall be counted as part only of the share of the said child therein, and in that case said child or children shall not receive or be entitled to any share or in- (Page 2, of the mutual and conjoint last will and testament of M. M. Moore and Bessie Edith Moore.) terest of or in such part of the premises therein, which shall have been paid or advanced to him, her, or them, until the others of such child or children shall have received as much of the premises, etc., as shall make his or her share therof equal to what shall have been paid or advanced to such child or children respectively, to the end and extent that the said rest, and residue of our property may be divided equally among the following children and one grandchild, to-wit: To our son, Lewis Jackson Moore, one-ninth less $700.00 prior made advancements. To our daughter Edith Katherine Frazier, nee Moore, one-ninth less $1200.00 prior made advancements. To our daughter Inez Lois Moore, now Murr, one-ninth less $700.00 prior made advancements. To our daughter Laura Ruth Horton, nee Moore, one ninth, lest $500.00 prior made advancements. To our daughter Dorothy Marie Murr, nee Moore, one-ninth less $300.00 prior made advancements. To our son, Raymond Moore, one-ninth. To our daughter, Cora Lee Moore, one-ninth. To our daughter, Virginia Ann Roper, nee Moore, one-ninth. To our granddaughter, Eursley Jane Moore, one-ninth. If at anytime prior to our deaths, any or all of the last mentioned children pay back any or all of the prior made advancements listed above, such amount or amounts shall be credited to his or her account, thereby increasing his or her share of our estates. In testimony whereof, we have hereunto and at the end hereof on the second page thereof of this two page last will and testament, subscribed our names respectively in the presence of /s/Cecil Idell and /s/Jim Ammermann to each of whom at the time we respectively declared this writing to be our mutual and conjoint last will and testament and each of whom at the request of each of us and in the presence of us both and in the presence of each other has subscribed his name herto as a witness at Burneyville, Oklahoma, this 14 day of December, 1952. /s/ Bessie Edith Moore, Testator /s/ M. M. Moore, Testator On this 14 day of December, 1952, we the undersigned, each being a resident of Burneyville, Oklahoma at the request of M. M. Moore and Bessie Edith Moore, jointly and severally made, do subscribe our names as attesting witnesses and do respectively declare that the above was their last will and testament and we further respectively declare that the said M. M. Moore and Bessie Moore subscribed their names to the foregoing in the presence of each of us. /s/ Jim Ammermon, Burneyville, Okla. /s/ Cecil R. Idell, Burneyville, Okla. ******************************************************************************* IN THE COUNTY IN AND FOR LOVE COUNTY OKLAHOMA IN THE MATTER OF THE JUDICIAL DETERMINATION OF THE DEATH OF BESSIE EDITH MOORE, LIFE TENANT..NO. 1338 ORDER AND DECREE On this 21st day of September, 1955, this cause came on for hearing before me, Joe Thompson, Judge for the avoe named Court, pursuant to an order entered herein on the 8th day of September, 1955, and the petitioner, Lewis Jackson Moore, appeared in person and by his attorney. And it appearing to the Court from the affidavit of Wilma Choate filed herein, that notice of hearing was published in the Marietta Monitor, a newspaper of general circulation in Love County, Oklahoma, on the 9th day of September, 1955, more than 10 days prior hereto, and from the affidavit of Clint G. Livingston, filed herein, that notice of hearing was mailed to each of the persons named in the petition as remaindermen, more than 10 days prior hereto, to-wit: Lewis Jackson Moore, Burneyville, Oklahoma Edith Katherine Frazier, Leon, Oklahoma Inez Lois Murr, Oktaha, Oklahoma Dorothy Marie Murr, Oktaha, Oklahoma Laura Ruth Horton, Rt. 1, Box 212, Muskogee, Oklahoma Raymond Moore, Burneyville, Oklahoma Cora Lee Moore, Burneyville, Oklahoma Virginia Ann Roper, Burneyville, Oklahoma Eursley Jane Moore, Burneyville, Oklahoma which notice is approved by the Court as sufficient and in compliance with the order of this court. The Court having heard the evidence of the witnesses sworn and examined in open court, and being fully advised in the premises', finds that on the 28th. day of May, 1954, this Court, in the Matter of the Estate of M. M. Moore, Probate Number 1242, ordered and decreed that Bessie Edith Moore, had a live estate in the following described real property, lying and situated in Love County, State of Oklahoma, to-wit: S 1/2, N 1/2, SE 1/4, and S 1/2, SE 1/4, Section 3; and NE 1/4, NE 1/4, and NW 1/2, NE 1/4, Section 10; and NW 1/4, NW 1/4, and W 1/2, NE 1/4, NW 1/4, Section 11, all in T8S, R1W, Love County, Oklahoma. and that the above named persons were remaindermen in and to the above described real property, and that on the 14th. day of April, 1955, the said Bessie Edith Moore departed this life, dying testate, but leaving no property or estate on which administration proceedings have been had or commenced, and that on the death of the said Bessie Edith Moore on the date aforesaid, that her life tenancy was terminated in said estate above last described; and that no person or persons, other than the remaindermen above named, have any interest in said real estate. It is therefore ORDERED, ADJUDGED, AND DECREED by this Court that the fact of death of Bessie Edith Moore on the 14th. day of April, 1955, be and the same is hereby judicially determined. It is further ORDERED, ADJUDGED, AND DECREED that the estate in life tenancy of Bessie Edith Moore, deceased, in the above described property, be and the same is hereby judicially determined to have terminated upon her death, and the above named remaindermen are hereby adjudged to be the sole and only owners of said property. /s/ Joe Thompson, County Judge ******************************************************************************* Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm