Will and Probate Records of William McCarter
February 12, 1912
I William A. McCarter of Rocky Ford, Colorado of the age of 69 years being of sound mind and memory do make, publish, and declare this to be my last will and testament.
First -- I direct that all my just debts and funeral expenses be paid and a suitable monument placed at my grave.
Second -- After payment of the above named sums, I give devise and bequeath unto my son J. W. McCarter one half of all the remaining property of which I may die seized and possessed or over which I may have the power of disposition at my death subject however to 1/2 of probate expenses of my estate.
Third -- All the balance of my property of which I may die seized and possessed or over which I may have the power of disposition at my death, I give devise and bequeath unto my children George L. McCarter, B. C. [Buford] McCarter, Nettie McCoy, Cora Row, and Lula McCarter to be divided equally among them shared and share alike subject however to 1/2 of probate expenses of my estate.
Fourth -- I hereby make and appoint J.R. Cunningham of Rocky Ford, Colorado the executor of this my last will and testament.
In witness whereof I have hereunto set my hand and seal this 3rd day of February 1912.
William A. McCarter
Signed, sealed and declared by the said William A. McCarter to be his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses all on this 3rd day of February 1912.
A. Van Buskirk
March 20, 1914
IN THE MATTER OF THE ESTATE OF
WILLIAM A. McCARTER, DECEASED
Testimony of Applicant for Probate of Will
State of California, County of Orange
Nettie A. McCoy, being duly sworn in open Court testified as follows: I am the applicant for Letters of Administraion with the document now shown as filed in this Court of the 9th day of March, 1914 purporting to be the last Will and Testament of William A. McCarter. I reside in the County of Orange and am of the age of 21 years and upwards. I knew the said William A. McCarter. He is dead. He died on or about the 11th day of February 1914 near Wintersburg, in the county of Orange, State of California
At the time of his death he was a resident of the County of Orange, and left an Estate of Real and Personal property in the County of Orange, State of California. The real estate is of the value of $5,000.00 or thereabouts, and that there are no rents, issues, or profits of said real estate.
The personal property is of the value of $9.50 or thereabouts.
The said estate and effects, for or in respect of which the Probate of Will has been applied for, does not exceed the value of $5000.00. That said estate of said deceased is separate property, the deceased being at the time of his death a single person, to-wit: a widower.
The said document came into my possession as follows, to-wit:
It was given to me by B.E. Tarver, the Attorney for said William McCarter, deceased. That a short time before his death the said William A. McCarter stated to me that said Will would be found in the possession of the said B.E. Tarver. I believe said document to be the last Will and Testament of said William A. McCarter.
The next of kin of said deceased are myself, Nettie A. McCoy, a daughter of the age of 34 years and five other children of the deceased , to-wit: George L. McCarter, aged about 42 years, residing at Denison, Texas, B. C. McCarter, aged about 38 years, residing when last heard from at Pawnee Rock, Kansas, Cora Row, aged about 31 years, residing at Franklin, Nebraska, J. W. McCarter aged about 28 years, residing in said Orange County, California, whose address is Huntington Beach, R.R. #1, and Lula McCarter, aged about 25 years, residing at Van Couver, British Columbia.
On the 3rd day of February 1912 when said Will was executed, said deceased was over the age of 18 years being of the age of 69 years, or thereabouts, and was of sound and disposing mind and on said date last mentioned, I knew the deceased and had known him a long time previous thereto and up until the time of his death and during all of said time frequently I have seen him write and sign his name and am familiar with and know his handwriting and signature; the signature subscribed to the document handed to me and which purports to be the last Will and Testament of the deceased, William A. McCarter, is the signature of the said William A. McCarter.
I knew A. Van Buskirk and R.S. Beal, the subscribing witnesses to the said Will and knew them at the date of said Will to-wit: on the 3rd day of February, 1912. They are both now dead. I know R.J. Cunningham, the person named in said Will as the executor thereof, and knew him at the time of the execution of said Will. The said Cunningham was at the time of the execution of said instrument and is now a resident of the state of Colorado and is absent from this state.
Nettie A. McCoy
Subscribed and sworn to in open Court before
me this 20th day of March, 1914.
April 4, 1914
All that certain piece or parcel of land and premises situate, lying, and being in the County of Orange, State of California more particularly described as the N 1/2 of the S 1/2 of the NE 1/4 of the SW 1/4 of Section 22, Township 5 South, Range 11 West, S.B.B.& M., reserving therefrom for roads, railroads and ditches a strip of land thirty feet wide along, adjoing and each side of the township and section lines, and a strip of land twenty feet wide, along adjoining and each side of the quarter section lines; also reserving the use and control of cienegas and natural streams of water, if any naturally upon, flowing across, into or by said above described tract, and reserving the right of way for and to construct irrigation or drainage ditches through the said tract to irrigate or drain the adjacent land. Appraised at $4,500.
|1 Light farm wagon||
|1 Heavy farm wagon with beet bed||
|2 Sets of harness||
|324 feet of 4 inch irrigation pipe and hand tools||
|1/4 interest in a beet plow||
|Other farming implements||
|10 Acres of Barley||
Nettie was named executor of the estate. J. W. received half and the other half was divided equally between George, Buford, Nettie, Cora, and Lula. Then J. W., who was just 28, died sometime between March 20, 1914 and April 27, 1915 while the will was still in probate, so Nettie then became the executor of his estate.