After John F. Wilson's Death on June 22, 1889

 

BG Note: a year or two ago I visited the Colorado State Archives in Denver and discovered some document packets containing legal papers relating to John and Martha Wilson, following John's death.  I obtained copies of a few pages which seemed to be particularly pertinent and have approximately transcribed them below.  In my transcriptions I have entered the words on the blank legal form in normal type and the handwritten entries in italics.  The boxes below—some dealing with John's estate and others with Martha's guardianship of her children—are in chronological order.  There are undoubtedly transcription errors due both to my lack of secretarial skills and to the fact that many of the handwritten entries were difficult to read.

 

At the time of his death, John and Martha and their seven youngest children (their oldest, Leveretta, had married Joseph Gateley in 1887) were living in a house on the Ayer Ranch (just south of the Eastonville Cemetery, where John is buried).  It appears that he owned no real estate.

 

 


June 26, 1889

 

Petition of Martha A. Wilson In the Matter of the Estate of John F. Wilson, Deceased, for Letters of Administration.

 

To the Hon. James B. Severy Judge of the County Court of El Paso County in the State of Colorado:

 

The petition of the undersigned, Martha A. Wilson respectfully represents that John F. Wilson late of the County of El Paso aforesaid, departed this life at near Eastonville in said County, on or about the 22nd  day of June A.D. 1889, leaving no last Will and Testament as far as your petitioner knows or believes.

 

And this petition shows that the said John Wilson died seized and possessed of Real and Personal Estate, consisting chiefly of horses, cattle, Homestead Furniture and Farming tools, all of said Personal Estate being estimated to be worth about Twelve Hundred and fifty Dollars.  That said deceased left surviving him Martha A. Wilson his widow, and Leveretta M. Gateley, Richard P., George D., Frank L., Laura Edith, Sarah L., John L., & Amon H. Wilson, his children, as heirs.  That your petitioner, being widow of said deceased, and believing that the said estate should be immediately administered, as well for the proper management of said Estate as for the prompt collection of the assets, by virtue of her rights under the statute she therefore pray that your Honor will grant Letters of Administration to her in the premises, upon her taking the oath prescribed by the Statute, and entering into bond in such sum and with such securities as may be approved by your Honor,

Martha A. Wilson

Sworn to and subscribed before me, Judge of the County Court of El Paso County, this 26 day of June A.D. 1889, James B. Severy, Judge County Court:  Martha A. Wilson

 

 

 

Estate of John F Wilson Deceased

 

ADMINISTRATOR'S BOND

STATE OF COLORADO, El Paso County in County Court, May Term, 1889

 

Know all Men by these Presents, That we, Martha A. Wilson as principal and of the County of El Paso and the State of Colorado, are held and firmly bound unto the People of the State of Colorado, in the penal sum of Twenty-five Hundred Dollars, current money of the United States, which payment, well and truly to be made and performed, we and each of us bind ourselves, our heirs, executors, administrators and assigns, jointly, severally and firmly by these presents.

 

Witness our hands and seals this 26th day of June A.D. 1889.

 

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the said Martha A. Wilson, Administratrix of all and singular the goods and chattels, right and credits of John F. Wilson deceased, do make or cause to be made a true and perfect inventory of all and singular the lands and tenements and the rents and profits issuing out of the same, and the goods and chattels, rights and credits of the said deceased, which shall come to the hands, possession or knowledge of her the said Martha A. Wilson as such Administratrix or to the hands of any person or persons for her and the same so made do exhibit or cause to be exhibited in the County Court for the said County of El Paso agreeable to law, and such goods and chattels, rights and credits, rents and profits, do well and truly administer according to law, and all the rest of the said goods and chattels, rights and credits, rents and issues, which shall be found remaining upon the accounts of the said Administratrix the same being first examined and allowed by the County Court shall deliver and pay unto such person or persons, respectively, as may be legally entitled thereto, and further do make a just and true account of all her acts and doings therein, when thereunto required by said Court, and if it shall hereafter appear that any last Will and Testament was made by the deceased, and the same proved in Court, and letters testamentary or of administration be obtained thereon, and the said Martha A. Wilson do in such case, on being required thereto, render and deliver up the letters of administration granted to her as aforesaid, and shall in general do and perform all other acts which may at any time be required of her by law, then this obligation to be void, otherwise to remain in full force and virtue,

 

Sealed and Delivered in the presence of

Martha A. Wilson

Joseph H. Gateley

Paton Wilson     

 

-------------------------------------------------------------------------------------------------------------------------------

 

July, 1890

 

GUARDIAN'S BOND

KNOW ALL MEN BY THESE PRESENT, That we Martha Wilson as principal and P. B. Jackson and D. M. Holden as sureties of the County of El Paso and State of Colorado, are held and firmly bound unto the People of the State of Colorado, for the use of Richard P. Wilson, George D. Wilson, Frank L. Wilson, L. Edith Wilson, Sarah L. Wilson, John L. Wilson & Amon H. Wilson minor children and heirs of John F. Wilson late of said El Paso County Deceased in the penal sum of Five Thousand ($5000.00) Dollars, current money of the United States, which payment well and truly to be made and performed, we and each of us hereby bind ourselves, our heirs, executors, administrators and assigns, jointly, severally and firmly, by these presents:

     Witness our hands and seals, this Eleventh day of July A. D. 1890

     The condition of this obligation is such, that if the above bounden Martha Wilson who has been appointed Guardian for Richard P. Wilson, George D. Wilson, Frank L. Wilson, L. Edith Wilson, Sarah L. Wilson, John L. Wilson & Amon H. Wilson minor children and heirs of John F. Wilson late of said El Paso County Deceased shall faithfully discharge the office and trust of such guardian, according to law, and shall render a fair and just account of her Guardianship, to the County Court, in Probate, of the County of El Paso from time to time , as she shall be thereto required by said Court, lawfully made, relative to the goods, chattels and moneys of such minors and render and pay to such minors all moneys, goods, and chattels, title papers and effects, which may come to the hands of such Guardian belonging to such minor when such minor shall be thereunto entitled, or any subsequent Guardian should such Court so direct, then this obligation shall be void; otherwise to remain in full force and effect.

 

Sealed and Delivered in Presence of A. B. Whitmore

Martha Wilson

P. B. Jackson

D. M. Holden

 

State of Colorado, County of El Paso:  Personally appear this day before me A. B. Whitmore a Justice of the Peace in and for the County of El Paso the sureties on the w????? ???? who being duly sworn before me say each for himself that he is seized and possessed in his own rights over and above all his just debts and liabilities …???… a clear unencumbered estate of the value of Five Thousand ($5000.00) Dollars within the jurisdiction of this state.

D. M. Holden

P. B. Jackson

Subscribed and sworn before me the 29th day of July AD 1890

A.      B. Whitmore, Justice of the Peace

 

Approved July 30, 1890, James B. Severy

 

 

 

Petition of Richard P., George D., Frank L., L. Edith, Sarah L., John L., and Amon H. Wilson In the Matter of the Estate of John F. Wilson deceased, for Letters of Guardianship.

 

To the Hon. James B, Severy Judge of the County Court of El Paso County:

 

The Petition of the undersigned Martha Wilson respectfully represents

that Richard P. Wilson is a minor aged 20 years on the 9th  day of  March A. D. 1890;

that George D Wilson  is a minor aged 15 years on the 11th day of  Sept    A. D. 1889;

that Frank L Wilson     is a minor aged 11 years on the 12th day of  Nov     A. D. 1889;

that L Edith Wilson      is a minor aged   9 years on the 8th    day of  Feb     A. D. 1890;

that Sarah L Wilson     is a minor aged   6 years on the 28th day of  Jan      A. D. 1890;

that John L Wilson       is a minor aged   3 years on the 1st    day of  Nov     A. D. 1889;

that Amon H Wilson     is a minor aged   1 years on the 24th day of  March A. D. 1890;

that said minors are residents of this County; that they have no father living, or other legal guardian residing in this State, that said minors are entitled to a distributive portion of the estate of said John F. Wilson deceased and also to them pro rata shares of that portion of the estate of Amon Melton late of El Dorado Cali. Deceased to which the said John F. Wilson would be entitled if living; and that your petitioner is the mother of and desires herself to be appointed Guardian of said minors July Eleventh 1890

x  Martha Wilson

STATE OF COLORADO, El Paso County:  Martha Wilson being duly sworn, deposes and says that the facts averred in the above petition are true according to the best of her knowledge, information and belief.

 

Sworn to and Subscribed before me, A. B. Whitman, a Justice of the Peace of the County of El Paso State of Colorado, this Eleventh day of July A. D. 1890

x  Martha Wilson

 

 

Request for Appointment of Guardian

State of Colorado, El Paso County:  In the County Court, In Probate, July Term, A. D. 1890

 

To the Hon. James B, Severy  Judge of said Court:

 

The undersigned respectfully represent that he is a minor, above the age of fourteen years, to wit: of the age of 20 years on the ninth day of March A. D. 1890, and heir of and entitled to a distributive share in the Estate of John F Wilson late of said County, deceased, and having no father living, or other legal guardian residing in said state, respectfully request that Martha Wilson his mother may be appointed his Guardian.

Richard P Wilson

July Eleventh A. D. 1890

 

 

Request for Appointment of Guardian

State of Colorado, El Paso County:  In the County Court, In Probate, July Term, A. D. 1890

 

To the Hon. James B, Severy  Judge of said Court:

 

The undersigned respectfully represent that he is a minor, above the age of fourteen years, to wit: of the age of 15 years on the eleventh day of September A. D. 1889, and heir of and entitled to a distributive share in the Estate of John F Wilson late of said County, deceased, and having no father living, or other legal guardian residing in said state, respectfully request that Martha Wilson his mother may be appointed his Guardian.

George D Wilson

July Eleventh A. D. 1890

 

 

 

LETTERS OF GUARDIANSHIP

STATE OF COLORADO, El Paso County:  In the County Court, in Probate, July Term, A. D. 1890

The People of the State of Colorado to Martha Wilson of said County, Greeting:

 

WHEREAS, at the July Term of the County Court of said County, A. D. 1990, holden at Colorado Springs you were, by order of said Court, duly entered of record on the thirtieth day of said Month, duly appointed Guardian for

Richard P. Wilson

George D. Wilson

Frank L. Wilson

L. Edith Wilson

Sarah L. Wilson

John L. Wilson

Amon H. Wilson

 

Trusting in your fidelity, therefore, the said Court does by these presents constitute and appoint you to be Guardian unto said minors and authorize and empower you to take and have care of these persons and the custody and management of their property, frugally and without waste or destruction, to improve and account for the same in all things according to law.

 

WITNESS, James B. Severy Judge of the said County Court and

the Seal of said Court, this 30th day of July A. D. 1890

 

  


 

January 28, 1892

 

Report of Articles of Selected Property set off to Mrs. Martha A. Wilson, widow of John F. Wilson deceased.

 

State of Colorado, El Paso County: In Probate Court, January Term, A.D. 1892

 

TO THE HON. James B. Severy judge of said County:

 

The undersigned, Martha A. Wilson, Administratrix of the estate --John F. Wilson-- deceased, would respectfully submit the following report of specific property set off to Mrs. Martha A. Wilson widow of said John F. Wilson, deceased, in accordance with her relinquishment and selection and pursuant to the Statute in such case made and provided, as follows:

ARTICLES

APPRAISED VALUE

DOLLARS

1 horse, flea bitten grey 12 yrs old branded — left shoulder. 40.00  1 mare 8 yrs old Sorrel brand L C on left shoulder and T on left hip  50.00  1 mare 13 yrs old Y on left shoulder M on right shoulder with colt at side $55.00

1 dark grey horse 3 yrs old  J  on left shoulder

1 iron grey mare 4 yrs old  J  on left shoulder with colt

1 light grey mare 4 yrs old  J  on left shoulder

1 light bay colt 3 yrs old  J  on left shoulder strip in face

1 brown mare 9 yrs old  J  on left hip star in forehead with colt  $65.00  1 bay mare dish face 5 yrs old  J  on left shoulder, 3 white feet $50.00

1 sorrel mare 5 yrs old 4 white feet, strip in face  J  on left shoulder, with colt

1 dark sorrel mare 6 yrs old  A Y R  on left hip

1 bay yearling horse colt  J  on left shoulder

1 sorrel yearling mare colt 3 white feet  J  on left shoulder

1 sorrel horse yearling strip in face, 4 white feet  J  on left shoulder

1 iron grey yearling horse,  J  on left shoulder

1 iron gray yearling horseJ  on left shoulder

1 sorrel horse yearling,   J  on left shoulder

1 five year old stallion

1 two year old Holstein bull

1  7 year old cow with calk at side  oo  on left hip

1  7 year old cow with calf at side  60  on left side

2 farm wagons $55.00  1 cart 10.  1 single harness 8.00

1 sulky plow 25.  1 grind stone 1.50  1 double harness 10.00

1 double harness 8.00 1 Winchester rifle 10.00

1 double barreled shot gun 10.  1 saddle and bridle 8.00

1 tool chest and tools 10.  Beds, bedstead and bedding 102.

wearing apparel 50.00  household furniture 12.00

school books and other books

stove and appendages

cooking untensils

 

 

$145.00

65.00

75.00

80.00

35.00

 

115.00

55.00

55.00

20.00

20.00

20.00

20.00

20.00

20.00

125.00

25.00

25.00

25.00

73.00

$ 36.50

18.00

18.00

112.00

62.00

3.00

10.00

3.00

$  1280.00

 

 

Final Report of Administrator, Executor or Guardian

State of Colorado, El Paso County:  To the Judge of the County Court of El Paso County, March Term, A. D. 1892

 

The undersigned, Martha A. Wilson, Administratrix of the estate of John F. Wilson deceased, would respectfully submit to the Court the following report of her acts and doings as such Administratrix from June 26, 1889 to Jany. 28 A.D. 1892, said Adminx. Charges herself with the following, to-wit :

ITEMS OF RECEIPTS

Amount

Total Am't

To Auct.[?] of Chattel property as per inventory

To Face value of notes mentioned in the Inventory

To Interest collected on same

 

$1280.00

300.00

45.00

Total Amount of Moneys received or collected

 

$1625.00

 

CONTRA

 

Said Administratrix ask  to be credited with the following sums paid out, as per receipts exhibited:

ITEMS PAID OUT

Amount

Total Am't

By Chattel property mentioned in the inventory selected by widow

By bal of widows Allowance Cash

———— Total ————

By Commissioner

 "  Paid publication Notice of Appointment

 "  Court fees paid Clerk Co. Court

 " Paid notice of final settlement

 

 

 

94.80

4.00

30.20

4.00

1280.00 

230.00

$1510.00

 

 

 

133.00   

Total Amount paid out

 

$1643.00

 

RECAPITULATION

 

Total amount received

    "          "       paid out

Balance due Administratrix

 

$1625.00

1643.00

$18.00

 

Said adminx further reports that the debts and claims against said Estate presented to and allowed by the Court have all been paid, leaving the above balance owing said Administratrix and she hereby relinquishes all claims said estate for the above balance due her, and she now moves the court that she may be discharged.  All of which is respectfully submitted.

X  Martha A. Wilson, Administratrix

of the Estate of the John F. Wilson Deceased

 

STATE OF COLORADO,  El Paso County.  Martha A Wilson  Administratrix of the estate of John F. Wilson Deceased, being duly sworn, say that the foregoing is a full and correct account of all her dealings and transactions, and of all moneys and effects received and paid by her on account of the said administration from June 26, 1889 to the twenty eighth day of January A.D. 1892.

 

Subscribed and sworn to before me this 28th day of January A.D. 1892  Martha A. Wilson

      James B. Severy, County Judge

 

 

 

Published in the weekly Eastonville World

 

Notice of Final Settlement

 

  In the Matter of the Estate of John F. Wilson Deceased.

 

   Notice is hereby given that on Monday the Seventh day of March A.D. 1892, being one of the regular days of the March Term of the County Court of El Paso County, in the State of Colorado, I, Martha A. Wilson, Administratrix of said estate, will appear before the Judge of the Court, present my final settlement as such Administratrix, pray the approval of the same, and will then apply to be discharged as such Administratrix .  At which time and place any person in interest may appear and present objections to the same if any there be.

 

Dated at Colorado Springs, Colorado, January 28th, 1892.

 

MARTHA A. WILSON,    

Administratrix of the Estate of John F. Wilson