PROBATE DISPUTE, ESTATE OF MARY A. PLUMLEY
TRAVIS COUNTY, 1914-15
(transcribed by Judy Morris)
(transcribed exactly as written in the time and day)
Application for Temporary Administration of Estate:
The State of Texas, County of Travis.
In the County Court, Travis County, Texas. In Vacation.
TO SAID HONORABLE COURT:
Now comes J. T. Plumley, and respectfully shows to the court the following facts:
1. That Mary A. Plumley died intestate in Travis County, Texas, on or about November 3, 1914;
2. That the said Mary A. Plumley at the time of her death was the owner of one house and lot situated in the City of Austin, Travis County, Texas, of the probable value of $4,000.00, and also of one certain promissory note in the principal sum of $600.00, and of certain moneys deposited in the Citizens’ Bank & Trust Company of Austin, Texas, to the amount of about $100.00 and of certain household and kitchen furniture, chickens and livestock of the probable value of $100; that all of said property is situated in Travis County, Texas;
3. That the said Mary A. Plumley left surviving her her five children, to-wit: J. T. Plumley, J. W. Plumley, L. T. Plumley, J. A. Plumley and Laura Plumley Hill; that your applicant, J. T. Plumley, resides in Travis County, Texas, and is not in anywise disqualified to act as temporary and permanent administrator of the estate of Mary A. Plumley, Deceased;
4. Your applicant, J. T. Plumley, would further respectfully show to the Court that it is necessary that someone take charge of the real estate, household and kitchen furniture, poultry and livestock left by the decedent, Mary A. Plumley, and care for and protect same until this Honorable Court can appoint a permanent administrator to administer the estate of the said Mary A. Plumley, Deceased; that there is a disagreement existing among the heirs at law of the said Mary A. Plumley, vis: her children hereinabove named, as to the distribution of the property and as to the temporary control and management of the same, and that one or more of the said children is threatening to take possession of certain portions of the personal property of said Mary A. Plumley, and to dispose of same without legal process;
5. Your applicant would further show to the Court that the care of the poultry and livestock belonging to the estate of the said Mary A. Plumley, and the preservation of the improvements upon the real estate from destruction by fire, and persons trespassing upon said real estate, is necessary to preserve it and prevent its value being deteriorated or destroyed;
PREMISES CONSIDERED, your applicant, J. T. Plumley, prays that he be appointed temporary administrator of the estate of Mary A. Plumley, Deceased, with authority to take charge of, control, manage and preserve all of said estate, real and personal, until the taking up of probate business at the January Term of this Court; that notice in the manner required by law issue upon this application, and that at the January Term, 1915, of this Court, your applicant be appointed permanent Administrator of the estate of Mary A. Plumley, Deceased, and for all of such other and further orders as in the premises shall be necessary and proper.
[Signed: J. T. Plumley, Applicant, and Hart & Woodward, Attorneys for Applicant.]
Protest of above application by other heirs of Mary A. Plumley:
In the matter of the Estate of Mary A. Plumley, Decd. No. 4099
In the County Court of Travis County, Texas, January Term, A.D. 1915
TO THE HON. JUDGE OF SAID COURT:
(1) Now comes L. P. Plumley a resident citizen of Waller County, Texas, John A. Plumley a resident citizen of Cochise County, Arazona, Mrs. Laura Hill (nee Laura Plumley) and her husband Charles Hill, resident citizens of Maricopa County, Arazona and Albert J. Kluna, Robert Kluna and Charles H. Kluna resident citizens of Waller County, Texas, and represents to the Court that L. P. Plumley, John A. Plumley and Mrs. Laura Hill are children and heirs of Mrs. Mary A. Plumley, Deceased, and that Albert J. Kluna, Robert Kluna and Charles H. Kluna are children of Mrs. Manora Kluna (nee Manora Plumley) a daughter of the said Mrs. Mary A. Plumley, Deceased. That said Mrs. Manora Kluna was married first to a man named “Best”, who died leaving one child named George Best, a resident citizen of Travis County, Texas, that after the death of “Best” she married a man by the name of “Kluna," and from this marriage the said Albert J. Kluna, Robert Kluna and Charles H. Kluna were born. That said Mrs. Manora Kluna and her husband are both now dead, and their three children above named inherit three fourths of the estate of their mother in the estate of the said Mrs. Mary A. Plumley, Deceased.
(2) That said Mrs. Mary A. Plumley, Deceased, left the other children and heirs, in the persons of James T. Plumley, Temporary Administrator herein, and applicant for appointment as Permanent Administrator, and George Plumley who reside in Travis County, Texas.
(3) That said L. P. Plumley, John A. Plumley, Mrs. Laura Hill and husband Charles Hill, Albert J. Kluna, Robert Kluna and Charles H. Kluna who constitute a majority of the heirs to said Estate of Mrs. Mary A. Plumley, Deceased, hereby enter their protest and opposition to the appointment of James T. Plumley the present Temporary Administrator, as Permanent Administrator of said Estate for various reasons, some of which are as follows, to wit: -- That for several months prior to the death of the said Mrs. Mary A. Plumley she was an invalid and not able to get out of her room, and during that time she gave to the said James T. Plumley authority to draw money from her accounts in the American National Bank and the Citizens Bank and Trust Company of Austin, Texas, and gave him authority to sign her name to checks on those banks for said money to be used by her for maintenance and support during her illness, but said James T. Plumley was to draw only enough money for this purpose and was not to draw any money from her said accounts for his personal benefit. That when she gave to him this authority protestants were informed that she had in said banks about three thousand Dollars to her credit. That she was very economical in her expenses all through her life, and never spent any more money for her living expenses than were necessary. That after her death enquiry was made by protestants at the said banks and one bank the American National Bank reported that she had no money in said bank to her credit, and the Citizens Bank and Trust Company reported that she only had a balance of forty five cents in this bank. Protestants do not believe that she ordered this money all drawn out, before her death, or do they believe that it was necessary for the said James T. Plumley to draw all this money from said banks to bear the expenses of her maintenance and support, and that the said James T. Plumley must have drawn a great part of this money out and used it for his own personal benefit. That he is the only person except the banks that knew how much he has drawn out of said banks at various times by signing the name of his mother, and he will not show his mother’s pass books with said banks, or show the checks, although demanded of him by protestants. Protestants also believe there are more assets belonging to said estate than enumerated in the application of the said James T. Plumley for Temporary and Permanent Administrator, and believe that the said James T. Plumley is secreting same, That Protestants also believe that the said James T. Plumley is indebted to the estate of the said Mrs. Mary A. Plumley, Deceased, for borrowed money and an account, which fact he also is trying to secrete. Protestants also say that the said James T. Plumley is not on speaking terms with a part of them, and will not talk to them. That he is of a spiteful disposition and they believe he would if for no other reason try to defeat an effort to get an honest settlement of said estate. That they don’t want an Administrator that they cannot talk to civilly, and thus have an opportunity to attend to their part of the settlement of said estate. That they are going to demand of him a strict accounting of his stewardship in the management of his mother’s property after he had authority to sign her name to checks for money upon these banks above named, and they think if he is appointed Permanent Administrator they will be hampered in securing an honest inventory and settlement of said estate. For the above reasons and many others not mentioned they the said protestants being a majority of the heirs in said estate ask that the said James T. Plumley be not appointed Permanent Administrator of the Estate of the said Mrs. Mary A. Plumley Deceased, but that one Henry Wukasch a resident citizen of Travis County, Texas, and not of kin to any of the heirs herein but who is an honest and capable man and is not in anywise disqualified to act be appointed as Permanent Administrator of said Estate. That he the said Henry Wukasch is willing to act as such permanent Administrator. That the said James T. Plumley be required to turn over to the said Permanent Administrator all the property that he has in his possession as Temporary Administrator and to render a full account as Temporary Administrator, and that he be required to turn over to the Permanent Administrator all the papers belonging to the Estate of the said Mrs. Mary A. Plumley, as well as all checks drawn by him on the said American National Bank and the Citizens Bank and Trust Company in which he signed his mother’s name to, after she gave him such authority, of any checks that he draw on said banks that on said banks that he signed his mother’s name to before she gave him such authority, in fact every written instrument of any kind in connection with her said estate or that concerns same, as well as her tin box containing her papers and private transactions, and for such other and further orders and relief as protestants are entitled to under the law and equity both general and special
[Signed: John H. Caldwell, Attorney for L. P. Plumley, John A. Plumley, Mrs. Laura Hill and her husband Charles Hill, Albert J. Kluna, Robert Kluna and Charles H. Kluna.]
Closure of Estate:
The State of Texas, County of Travis.
in the County Court of Travis County, Texas, October Term A.D. 1915.
In the Estate of Mary A. Plumley, Deceased:
TO THE HON. JUDGE OF SAID COURT:
Now comes J. T. Plumley, Temporary Administrator of the Estate of Mary A. Plumley, Deceased, and submits to the Court his final account concerning his transactions in connection with said Estate and the condition of same, and says:
First: That on Dec. 2nd. 1914 he was appointed Temporary Administrator of said Estate, and on the same day made his bond and took the oath of office.
Second: That on Jan. 2nd. 1915 a protest was filed by L. P. Plumley, John A. Plumley, Mrs. Laura Hill (nee Laura Plumley) and husband Charles Hill, Albert Kluna, Robert Kluna and Charles Kluna a part of the heirs of said Mary A. Plumley, Decd. being children and grandchildren, asking that J. T. Plumley be not appointed permanent administrator.
Third: That shortly after that time all of the heirs of the said Mary A. Plumley, Decd. had a conference and agreed amongst themselves that a permanent Admr. upon said Estate was not necessary, as there were no debts to be paid except what they could pay themselves, as all of the heirs of said Mary A. Plumley, Decd. were of age being over the age of twenty one years, and were qualified to act for themselves.
Fourth: That after all the heirs had agreed to dismiss said Tem. administration and not insist on the appointment of a Permanent Administrator, they collected the only money that could be collected due said Estate, to wit: a not of some Six Hundred Dollars and interest from one Henry Wukasch, and from said money paid what debts the Estate owed, all taxes due on said property, paid the costs of Court in said Tem. Administration preparatory to the dismissal of said Estate from Court, but for some cause same was done. That after all the debts were paid, likewise taxes and Court costs the heirs divided the rest of the money remaining amongst themselves according to their interests. Said heirs also divided amongst themselves the household and kitchen furniture and poultry, so that nothing was left undivided except the homestead of their mother the said Mary A. Plumley, Decd. to wit: The East one half of Lot No. (1) Eleven and the West one half of Lot No. 912) Twelve in Block No. (67) Sixty Seven in the City of Austin, Travis County, Texas.
Fifth: That said Mary A. Plumley, Decd. purchased said above described homestead herself, and paid for it herself long after her husband had died, and that the following are the names of her children and grandchildren surviving, and her sole heirs, to wit: J. T. Plumley, George Plumley and L. P. Plumley who reside in Travis County, Texas, and John A. Plumley who resides in Cochise County, State of Arazona and Laura Hill (nee Laura Plumley) and husband Charles Hill who reside in Maricopa County, State of Arazona, who were her children, and George Best who resides in Travis County, Texas, Albert J. Kluna who resides in Hempstead, Waller County, Texas, and Robert B. Kluna and Charles Kluna who reside in Travis County, Texas, said George Best and the three Kluna children above named being the children of Manora Plumley, Decd. a daughter who first married a man named Best and then after his death married a man named Kluna.
Sixth: That your Tem. Admr. collected no money and received no property into his possession during the time of his administration of said Estate as Tem. Admr. Therefore has paid nothing out in said Estate, and the only property left belonging to the Estate is the homestead above described.
Seventh: Your Tem. Admr. having fully administered said Estate in accordance with the law and the orders of Court and having filed all proper vouchers as required by law, prays that he be discharged from said trust, and that said Estate be closed, and that a permanent Administrator be not appointed as there is no necessity therefor as cited above in this report. All of which is respectfully submitted.
[signed: J. T. Plumley, Administrator, Estate of Mary A. Plumley, Deceased.]
The State of Texas, County of Travis: Before me the undersigned authority on this day personally appeared J. T. Plumley Administrator of the Estate of Mary A. Plumley, Deceased, and who being by me duly sworn upon oath says that the facts as set forth in the foregoing final report are true; that all debts known to exist of every kind against said Estate have been paid.
[Signed: J. T. Plumley, Administrator, Estate of Mary A. Plumley, Deceased.]
Sworn to and subscribed before me by J. T. Plumley, at Austin, Texas, this 8th day of Oct. A.D. 1915.
[signed W. A. Gordon, Notary Public for Travis County, Texas. and Hart and Woodward, Attys. for J. T. Plumley, Tem. Admr.]