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HomeMy WebLinkAbout11-01-10 (2),:. _, .. THE STATE OF TEXAS § .COUNTY OF RAINS § I, LINDA WALLACE, Clerk of the County Court of Rains County, Texas, hereby certify that the above and foregoing are .true and correct copies of the original Probate proceedings in Cause No. 2593, In The Estate of JAMES HAROLD YOUNG, Deceased, ~, . ~ my office. under my hand and. seal of office at Emo Texas, this ,,tlie 13t:h day of ~. ' ~ ~'" IND~ WALLACE, - Clerk of the County Court of Rains County, Texas ,,~, OF TEXAS § ~~ ..,,, ~ ~ NF F- ~ ~;4~! -p ~ ~ r 7 ;: COUNTY OF RAINS § rr~ ~ .,,~ ,-- l._~ ,~ ~ t >~, R -,~ I, JOE RAY DOUGHERTY, Judge of the County Court of Rains Coun',c~as, ..~,, hereby certify that LINDA WALLACE is the duly elected, qualified and act~n:~r~' of the County Court of Rains County, Texas, and .that the signature and seal o~~~-said '~`~ - ;::r ..LINDA WALLACE appearing affixed to the above and foregoing certif cafe, are in truth ~,,, > 3 -and in fact, the real, genuine and lawful signature and sea ~e said LINDA WALLACE. / Given under my ..hand. and seal of office ''. mory, Texas, .this the 1 h day October, 2010. _ _ JOE Y G Y, Judge of the C ty Court o~ Rains Coun ,Texas C '-THE STATE OF TEXAS COUNTY OF RAINS § I, LINDA WALLACE,. Clerk of the County Court of Rains County, Texas, hereby certify that JOE RAY DOUGHERTY is the duly elected, :qualified and acting .Judge of the County Court of Rains County, .Texas, and that the signature and seal of the said JOE ' RAY DOUGHERTY appearing affixed to the above and foregoingcertificate,. are in truth ~,~~-~u+d in fact, the real, genuine and lawful signature and seal of the said JC)E RAY ~~~~~ ~ RTY. ~.~~"~ ~.~~ en under my hand and seal of office at Emory, Texas, this the 13t:h day of Qber''~ 0, ~ .' s .~~y'~,. ~... ..• -~,''~~'~~~ IN A WALLACE, ~, ~ ~~~ Clerk of the County Court of '~i~i~jjNTi ~~ ''~~hmn~t+~nN~a Rains County, Texas ECHO PUB. CO., INC., SUL. SPGS., TX - 682 No. 2593 IN THE ESTATE OF JAMES HAROLD YOUNG, DECEASED § IN THE COUNTY COURT § OF § RAINS COUNTY, TEXAS AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS BEFORE ME, the undersigned authority, on this day personally appeared CHRISTINE LYNN YOUNG VVALLACE, who, being first duly sworn, upon her oath states: 1. My name is Christine Lynn Young Wallace and I live at 61,1 RCR 1330, Emory, Texas 75440. I am personally familiar with the family and marital history of JAMES HAROLD YOUNG ("Decedent"), and I have personal knowledge of the facts stated in this affidavit. 2. I knew decedent all of my life. Decedent died on May 18, 2009. Decedent's place of death was 552 RCR 2180, Emory, Rains County, Texas. At the time of Decedent's death, Decedent's residence was 552 RCR 2180, Emory, Rains County, Texas. 3. Decedent's marital history was as follows: at the time of his death, Decedent was not married but had been married previously. The circumstances of each prior marriage of the Decedent are as follows: a. Name of First Spouse: Linda Morrison Young Date of Marriage: April, 1972 Date of Termination: March, 1993 Place of Termination: Cumberland County, Pennsylvania Relevant Facts: Marriage ended in divorce. Two children were born of this marriage. b. Name of Second Spouse: Cathy Wright Young Date of Marriage: 1997 Date of Termination: 2000 Place of Termination: Perry County, Pennsylvania Relevant Facts: Marriage ended in divorce. No children were born of this marriage. 4. Decedent had the following children: a. Name: JAMES CLAYTON YOUNG Date of Birth: August 4, 1978 Name of Other Parent: Linda Morrison Young Current Address: 3237 E. FM 2795, Alba, Texas 75410 b. Name: CHRISTINE LYNN YOUNG WALLACE Date of Birth: October 6, 1972 Name of Other Parent: Linda Morrison Young Current Address: 641 RCR 1330, Emory, Texas 75440 . a .>.~ Q .. 'fie ~+~ _ __~. _.~_ ._ ~~ _._.-. f' 5. Decedent did not have or adopt any other children and did not take any other children into Decedent's home or raise any other children, except: None. 6. Decedent died without leaving a written will. 7. There is an administration pending of Decedent's estate currently pending in the above-captioned and numbered cause. 8. The following are the heirs of Decedent: a. James Clayton Young {a '/2 interest in James Harold Young's Estate); and b. Christine Lynn Young Wallace (a %s interest in James Harold Young's Estate). 9. Decedent left no debts that are unpaid to my knowledge. 10. There are no unpaid estate or inheritance taxes. SIGNED this ~ day of November, 2009. C STINE L Y U G LLACE STATE OF TEXAS X COUNTY OF RAINS X SWORN AND SUBSCRIBED TO BEFORE ME on this ,~ day of November, 2009, by Christine Lynn Young Wallace. ~ ~ ~i n~yC'/a~~ FILED FOR RECORQ ~ ~ O'clock ~ , ~,+~, NO V s ;,# ~~~~;.q BOUNTY CLERK RAINS OUNTY, TE c~ 8Y F~t~ ~~ ~~t.EP~ ~~°± ~i'~"~~ ~+bc~xr!asr ~'~~ ._. _ ~ _ _ ~__ ~~ No. 2593 IN THE ESTATE OF JAMES HAROLD YOUNG, DECEASED § IN THE COUNTY COURT § OF § RAINS COUNTY, TEXAS PROOF OF DEATH AND OTHER FACTS On this day, JAMES CLAYTON YOUNG ("Affiant") personally appeared in open court, and after being duly sworn, deposed and said that: 1. "JAMES HAROLD YOUNG (Decedent) died on May 18, 2009 at 552 RCR 2180, Emory, Rains County, Texas, at the age of 63 years and four years have not elapsed since the date of Decedent's death. 2. "The Court has jurisdiction and venue over the estate in that Decedent was domiciled and had a fixed place of residence in Rains County, Texas on the date of his death. 3. "To the best of my knowledge Decedent died intestate. 4. "Citation has been served and returned in the manner and for the length of time required by the Texas Probate Code. 5. "A necessity exists for the administration of this estate. 6. "Decedent never had a dissolution of marriage after the will was made. 7. "Decedent did not leave a will. However, there exists a necessity for adrriinistration of the Estate, and all of the Distributees agree on the advisability of having an Independent Administration and also agree that JAMES CLAYTON YOUNG should be appointed Independent Administrator. 8. "To the best of my knowledge, the proof required has been made:, JAMES CLAYTON YOUNG is not disqualified by law from accepting Letters of Administration or from serving as Administrator and is entitled to such Letters." Signed this ~ day of November, 2009. - -~ L"~~Tw., W~ J~%IES CLA ON Y G - ~--__.. SWORN TO AND SUBSCRIBED BEFORE ME on this the ~ day of November, 2009 by JAMES CLAYTON YOUNG, to certify which witness my hand and seal of office. FILED FOR RECORD At • 3 O'clock ~ . M: NOV ~ ~~ ~~Q9 LINDA WALLACE COUNTY CLERK, RAINS COUNTY, TEXAS 8Y ~~ ~ ~~ `~,;~~ . A.~6U CRE~CT ~° ~.. , ~~ r~~ v~F21GINAt. ~ ~`. ~-~` ~"'~ r RAINS S~~ R r~l~~ ..;: q'.~ ~M~ 7~.P..1 W ~ S Vro Linda Wallace, Clerk, County Court of Rains County, Texas No. 2593 IN THE ESTATE OF § IN THE COUNTY COURT JAMES HAROLD YOUNG, § OF DECEASED § RAINS COUNTY, TEXAS ORDER GRANTING INDEPENDENT ADMINISTRATION AND AUTHORIZING LETTERS OF ADMINISTRATION PURSUANT TO SECTION 145(e) OF THE TEXAS PROBATE CODE On this day came on to be heard the Application filed herein by JAMES CLAYTON YOUNG on August 14, 2009, for an Independent Administration and for the issuance of Letters of Administration to JAMES CLAYTON YOUNG in the Estate of JAMES HAROLD YOUNG pursuant to Section 145(e) of the Texas Probate Code. The Court, after having heard and considered the evidence, finds that legal notices of the filing of said Application have been issued and posted in the manner and for the length of time required by law, and no one came to contest same; that Decedent died at 552 RCR 2180, Emory, Rains County, Texas on May 18, 2009; that this Court has jurisdiction and venue over the Estate because Decedent was domiciled in Texas and had a fixed place of residence in Rains County, Texas at the time of his death; that it has been established by clear and convincing evidence that the heirs identified in the above-referenced Application are the only heirs of the Decedent and ai-e alI of the distributees of Decedent's estate, that the distributees have agreed on the advisability of having an Independent Administration and have designated JAMES CLAYTON YOUNG as Independent Administrator of Decedent's estate; that four years have not elapsed since the death of Decedent or prior to the said Application; and that a necessity exists for the administration of this estate; and that Decedent never had a dissolution of marriage after the will was made. ORDER GRANTING INDEPENDENT ADMINISTRATION AND AUTHORIZING LETTERS OF ADMINISTRATION PURSUANT TO SECTION 145(e) OF THE TEXAS PROBATE CODE ~~, ~~~ r,,~ ;•,t , ~~:.~b.,~~r Page 1 of 2 ~: ~,~ty ~ r;,~ ~~t~ ~. ~:~~~~'~` ~~ UR~~iNi1l~ r~c~ ~~ ~-t~s ~. °;~ IT IS THEREFORE ORDERED AND DECREED by the Court that an Independent Administration of the Estate of JAMES HAROLD YOUNG is granted and that JAMES CLAYTON YOUNG be, and is hereby appointed Independent Administrator of said Estate without bond. IT IS FURTHER ORDERED by the Court that Letters of Administration in the Estate of JAMES HAROLD YOUNG, Deceased, be and the same are hereby granted, that the Clerk shall issue said Letters of Administration to JAMES CLAYTON YOUNG, as Independent Administrator, when qualified according to law, and that no other action shall be had in this Court other than the return of an Inventory, Appraisement and List of Claims as required by law and the notice to State 13ar No.: 1335~S000 Number One Planters Street P.O. Box 38 Emory, Texas 75440 Telephone: (903) 473-2297 Facsimile: (903) 473-3069 FILED FOR RECD D At ~'~~'ciock •M• NpV ~. ~ 2009 LINDA WALt_ACE COUNTY CLERK, RAINS COUNTY, TEXAS BY ORDER GRANTING INDEPENDENT ADMINISTRATION AND AUTHORIZING LETTERS OF ADMINISTRATION PURSUANT TO SECTION 145(eZOF THE TEXAS PROBATE CODE :~n:~~ Cam- `~MP~Y`, F ' ~ ~~. .~ ~~ ~' _.; Page 2 of 2 f~'1/f~ 4j ~~ VR~V'IV16. =?I..Irt3 IiV RAINS a~~I~ ~LERK'SICI~ beneficiaries required by Section 128A of the Texas Probate Code. No. 2593 IN THE ESTATE OF § IN THE COUNTY COURT JAMES HAROLD YOUNG, § OF DECEASED § RAINS COUNTY, TEXAS JUDGMENT DECLARING HEIRSHIP On this day came on to be heard the sworn Application for Independent Administration and to Determine Heirship of the Estate of JAMES HAROLD YOUNG, Deceased, wherein JAMES CLAYTON YOUNG is the Applicant and is an heir to Decedent's estate, and Decedent's living heirs whose names and/or whereabouts are unknown are Defendants; and it appears to the Court, and the Court so f nds that all parties interested in the Estate of Decedent have filed written waivers of service of citation, have appeared and answered herein, or have been duly and legally served with citation as required by law; that the Court appointed an Attorney Ad Litem to appear and answer and to represent Defendants and such Attorney Ad Litem did so appear and filed an answer for Defendants; that this Court has jurisdiction of the subject matter and all persons and parties; that the evidence presented and admitted fully and satisfactorily proves each and every issue presented to the Court; that Decedent died intestate; and that the Heirship of Decedent has been fully and satisfactorily proved and the interest and shares of each of the heirs therein. The Court finds and it is ORDERED and DECREED by this Court that the names and places of residence of the heirs of Decedent and their respective shares and interests in the property of Decedent are as follows: a. Name: JAMES CLAYTON YOUNG Address: 3237 E. FM 2795, Alba, Texas 75410 Relationship: Son of Decedent Share of Estate: an undivided '/z interest in the Estate of James Harold Young, Deceased b. Name: CHRISTINE LYNN YOUNG WALLACE Address: 641 RCR 1330, Emory, Texas 75440 Relationship: Daughter of Decedent Share of Estate: an undivided '/z interest in the Estate of James Harolld Young, Deceased t > ;.A~t:~ ~~'~~ ~'~ .. f ~ +~~ ~ U,~J~1S r'~'~ ..._ __,.__ ~'~ _ _~_._ IT IS ORDERED and DECREED that Raymond R. Johnson, the AttornE;y Ad Litem Anorney ror A.ppiicant State Bar No.: 13358000 Number One Planters Street P.O. Box 38 Emory, Texas 75440 Telephone: (903) 473-2297 Facsimile: (903) 473-3069 Ct~d ~rTlrrC~ o~u-Ft,~l ~~'t 6 IPIi~.~'~- O./.I /~ ~j ~k 1C . ~;~ .~ Ray on R. Johnson Att rney Ad Litem r Defendants Sta a Bar No.: 10781000 P.O. Box 522 Sulphur Springs, Texas 754$3 Telephone: (903) 885-3708 Facsimile: (903) 885-3708 FI ED FOR RECO D At %3 O'clock .l1JI. NOV L ~ 2u~9 A CER'TIF'IED COFY 'This is a Tc~aP ar~d Correct Cody of Original on file in t~± ~ '' ~~~s County Clerk's Office. n ; ~~ ~ ~ ~ ~-t , ~ ~, AND ~ ~ OF OFFI~//~ L]G- f rx~ ~. ., , LINDA WALLACE COUNTY CLERK, RAINS COUNTY, TEXAS BY -- r appointed to represent the interests of the Defendants, is allowed a fee of $ ~ ~rf- ~d to be paid out of the assets of the Decedent. ~ ~'f~'cy ~~~`~'~ir i~ ~~rc5, ~l.% ~tiry ~~.~ ~~•k f