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Matagorda, Tex., June 29.--The many friends and acquaintances of Mrs. Lucy Selkirk, an old merchant of this town and mother of the treasurer, Mr. James H. Selkirk, were grieved to learn that she had quietly passed away from this earth on the 10th instant, while traveling for her health. Her remains were brought here to be interred by the side of her husband. Dr. Fred Fisher and wife of Galveston, the latter a daughter of Mrs. Selkirk, were here to attend the funeral. Galveston Daily News, June 30, 1892
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The State of Texas, County of Matagorda To the Hon. Matthew Talbot Chief Justice in and for said Matagorda County. The petition of Mrs. Lucy Selkirk respectfully represents unto your honor that James H. Selkirk her husband departed this life in the City of Matagorda on or about the ___ day of ____ A. D. 1862 ____ making and appointing your petitioner sole executor of his last will and testament. Petitioner represents that her said husband had been for years many years and was at the time of his death a citizen of said County, and that he left much estate in said County and in other portions of Texas consisting of real personal and mixed property and slaves. Petitioner therefore prays that said last will and testament may be proven up and admitted for probate at the next term of your Honorable Court, and that she your petitioner may then and there be recognized and appointed executrix thereof with full powers as in _____ for in said will, and your petitioner prays for notices according ____ and for all ____ belief. D. E. E. Braman, Atty for Petitioner Matagorda Probate Records, Book D, Pages 225-226 (image 399) __________________________________ Decree In the matter of the estate of James H. Selkirk: Proof and probate of last will and testament. Mrs. Lucy Selkirk widow of James H. Selkirk deceased filed in this Court an instrument of writing purporting to be the last will and testament of James H. Selkirk deceased, together with her petition in writing in which latter among other things she prays that said will be proven up and admitted to probate in the Court according to law, as and for the last will and testament of James H. Selkirk deceased and that the said Lucy Selkirk may be appointed and recognized as sole executor thereof by this Court and the said last will and testament being now produced in open Court and satisfactory proof being now exhibited to the Court that the proper notices of said application have been made and completed before this time according to law and there being no opposition to said application, the court and proceedings to the proof and probate of said will as follows viz The said last Will and testament bearing date the 4th day Feby A. D. 1853, is now at same time proven by the written affidavit of Wm Hillard one of the subscribing witnesses to said will to have been signed and executed by the said James H. Selkirk, on the day that at _____ to November done in the presence of E. A. Pearson and Wm. B. Grimes and of ____ said William Hillard and the said Wm. Hillard further testifies that he was well acquainted with said James H. Selkirk and knows the signature and handwriting of said Selkirk decd was signed by said James H. Selkirk in the presence of him said deponent and in the presence of said E. A. Peareson & Wm. B. Grimes, and that said _____ _____ then __ knowledge the same to be his last will and testament and that all of said witnesses at same time signed said will as witnesses in the presence of said testator and at his request. Said witnesses being all well known to the Court as reliable persons of legal age and the proof being sufficient. Therefore it is hereby, by reason of the law, the ____ said the evidence or decree, as signed and ____ by the Court that the said last will and testament of heirs, the said James H. Selkirk decd. as ___ before the Court, is well proved and established as said for the last will and testament of said testator said it _____ appearing to the court by the ____ of said will that said Mrs. Lucy Selkirk was appointed sole executrix over all of said testators estate, and that by the intentions of said testator as expressed in said will, no other action is to be taken in __ ______ than the probating of said will and receiving an _____ of said estate and the oath of said executrix: --Therefore she the said Lucy Selkirk sole executrix by the terms of said last will and testament is hereby appointed and recognized as the sole executrix of the last will and testament of said James H. Selkirk deceased, and the Court by this decree now confers on her all the rights, powers, duties and obligations of sole executrix of said last will and testament over and concerning all the property, rights and exempts her from any further jurisdiction of this Court excepting to file an inventory and list of claims, and to take the oath provided by law, so that said will may be carried unto full _____ and be performed as was therein intended by said testator. And it is further ordered and decreed that said last will and testament be recorded and registered in the _____ of this Court according to law. And she the said Lucy Selkirk is ordered to return into this Court within Sixty days an inventory appraisement and list of claims belonging to said estate and to take the oath provided by law. December 29th A. D. 1862
Mr. Talbot
Matagorda County Probate Records, Book D, Pages
226-227 (image 400) |
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In the name of God Amen. I James H. Selkirk of the State of Texas and County of Matagorda, by the mercy of God at present in good health and sound mind memory and understanding and knowing the certainty of Death but the uncertainty of the time thereof, and to the end that I may be better prepared to leave this World whenever it shall please God to call me hence do make and publish this my last will and testament. And first and principally I commit my soul to my Creator who gave it and my body to the earth from whence it came to be intered at the direction of my executrix hereinafter named, and to such worldly estate wherewith it has pleased God to intrust me I dispose of the same as follows. First: I devise that all just debts are due by me together with my funeral expenses be paid first out of such money or funds as may be on hand at the time of my decease and of the proceeds of the sale of such property as my executrix hereinafter named may be pleased to sell. Second: I give and bequeath to my dearly beloved Wife Lucy Selkirk the one equal undivided half or moiety of the residence of my estate both real and Personal for her own seperate use and behalf subject to the qualifications hereinafter set forth. Third: In as much as my observation has shown me that no other person has the same earnest desire and unceasing care to protect the interest of children as their Parents, and the management of their affairs by strangers often tends to destroy their estate, therefore my wish and desire is that the bequest above made to the said Lucy Selkirk of one half of all the residue of my estate is to take effect as it relates to my own seperate property only while she remains a widow and herself retains the sole management of my children, but should she again marry after my decease then my will is that all my seperate estate (viz) The Islands in the Colorado River in Matagorda County inherited by me from my Father William Selkirk shall go to my children as hereinafter named and provided for in equal proportions among them share and share alike and that my said Wife Lucy Selkirk be left to her community interest in our common property. Fourth: I give and bequeath to my children William Selkirk, James H. Selkirk, Catherine C. Selkirk and John McM. Selkirk and any others that may be borne to me by my wife Lucy Selkirk, the other equal undivided half or moiety of the residue of my estate both real and personal share and share alike and should any of my children die then their portion to go to the survivors in equal proportions that is if they die without issue alive capable of inheriting, but if they have issue then such issue to take their Parents share. And I hereby nominate constitute and appoint my dearly beloved Wife Lucy Selkirk sole executrix of this my last Will and testament, also Guardian of my children with full power to sell and dispose of any and every description of property she may think proper in the same manner as I myself might or could do if present and in existance without awaiting the tardy process of the law, with full power also to appoint under her or for her assistance such other person or persons as executor or executrix of this my last will and testament as she may think proper. And as I owe no debts but what can easily be paid by my said executrix out of the proceeds of my estate it is my express wish and desire that the trouble and expence of passing my said Estate through the County or Probate Court be saved as far as possible, and that no Bond or security be required of my said Executrix for any of her acts as such and that she only be required to file an Inventory and list of Claims as the law demands should be filed. In testimony of all the foregoing I have hereunto signed my name and affixed my seal (the seal being a scrowl) in the City of Matagorda this fourth day of July A. D. One thousand eight hundred and fifty three. James H. Selkirk seal The above being all in the handwriting of the said James H. Selkirk be acknowledged the same in our presence and signed the same in our presence calling upon us to Witness the same which we do by hereunto signing our names as witnesses in the presence of the said Selkirk and of each other. E. A. Peareson, W. Hilliard, W. B. Gaines
Matagorda County Will Records, Pages 109-111
(image 63) _____________________________________________________________ Proof of Will The State of Texas, County of Matagorda. In County Court December Term A. D. 1862. And now at this term of Court personally came and appeared before me the undersigned Chief Justice William Hillard a respectable citizen of said County, of lawful age and to me personally well known who being by me duly sworn according to law in open Court deposes and says that he was well acquainted with James H. Selkirk Esq. late and for many years past a resident citizen of the City of Matagorda in the County aforesaid. And the paper purporting to be the last will and testament of the said James H. Selkirk written on two whole pages and in portions of the third page of a letter sheet of paper dated this fourth day of July A. D. one thousand eight hundred and fifty three, signed James H. Selkirk (seal) and witnessed by E. A. Peareson W. Hillard and W. B. Grimes being now before the Court for examination proof and probate and being now shown to the said witness Wm. Hillard he the said witness on oath further says that said instrument is wholly in the hand writing of said James H. Selkirk and that the signature thereto is the genuine signature of said Selkirk and said Hillard further on oath says that he saw said Selkirk sign seal and execute said instrument on or about the said 4th of July 1853 as and for his last will and testament and deponent further says that said last will was signed and sealed by said testator in the presence of him said deponent and of E. A. Peareson and W. B. Grimes who were called by said testator as witnesses thereto and that said testator then and there declared to said witnesses that said instrument was his last will and testament, and he then and there acknowledged the execution thereof and afterwards, at same time deponent says that he and said Peareson and Grimes signed said last will and testament at the request of said testator and in his presence and in the presence of each other. W. Hillard Deponent on oath further said that the said testator and in his presence and in the presence of each other. Deponent on oath further says that the said James H. Selkirk departed this life at his residence in said City some time during the month of October last past. Subscribed & sworn to by said witness W. Hillard before me in open Court this 29th Dec A. D. 1862, which I certify under my hand & seal of office. M. Talbot, Chief Justice Recorded 23rd day of Feby. A. D. 1863, Wm. M. Power Clerk C. C. M. C.
Matagorda County Will Records - Book A, Pages
111-112 (image 64) _____________________________________________________________ Whereas on the 30th day of December A. D. 1862. Mrs. Lucy Selkirk, Executrix, on the estate of James H. Selkirk deceased filed in this court her oath as such Executrix. Matagorda County Probate Records - Book D, Page 240 (image 407) _____________________________________________________________ Order Appointing Appraisers Order In the matter of the Estate of James H. Selkirk deceased Appointment of appraisers Galen Hodges, Samuel W. Fisher and William D. Barbour are hereby appointed appraisers on the estate of James H. Selkirk deceased and they are hereby ordered with the assistance of Mrs. Lucy Selkirk executrix, inventory all the property belonging to said estate and affix the value thereto. December 29th 1862 M. Talbot, Chief Justice Matagorda County Probate Records - Book D, Page 229 (image 401) _____________________________________________________________
County Court in Vacation Estate of James H. Selkirk, Deceased On this 12th day of January A. D. 1860 Mrs. Lucy Selkirk filed an inventory, list of Property and claims of the estate of James H. Selkirk deceased. Matagorda County Probate Records - Book D, Page 241 (image 407) _____________________________________________________________
The State of Texas In District Court, October Term, A. D. 1865 To the Hon. William H. Burkhart, Chief Justice in and for said Matagorda County. The petition of Lucy Selkirk, Executrix of the last will and Testament of James H. Selkirk, deceased, respectfully represents unto your Honor, that her testator, the said James H. Selkirk, was the owner in his lifetime of a certain promissory note and mortgage as follows; Viz: A promissory note dated Matagorda, March 19, 1859, wherein one Joseph F. Haden, on teh first day of April, eighteen hundred and sixty, promised to pay John D. Newell on order, the sum of Twelve hundred Dollars, value received; being the purchase price of certain real estate in the County of Matagorda with interest at the rate of ten per cent per annum from date until paid, and signed Joseph F. Haden, which promissory note in given as the purchase price of the following real estate situated in the City and County of Matagorda, To wit; That certain parcel of ground known as East quarter of Block Number Five, in Tier number Three, Matagorda Front, commencing one hundred and sixty seven feet from the Corner of Wightman and Cedar Street, on Cedar Street, thence along said Cedar Street, one hundred and sixty-seven feet to Lewis Street; thence along Lewis Street, one hundred and sixty seven feet towards Mulberry Street; thence in a parallel line with Cedar Street, one hundred and sixty seven feet towards Wightman Street; thence in a parallel line with Lewis Street, one hundred and sixty seven feet towards Cedar Street, the place of beginning. Second: Also a certain fraction of ground in Block Number Five, Tier Number Three, Matagorda Front of said City, Viz: --Eight inches front on Cedar Street, by a depth of One Hundred and Sixty seven feet, commencing one hundred and eleven feet and four inches from the corner of Lewis and Cedar Streets on Cedar Street; thence in a parallel line with Lewis Street, one hundred and sixty-seven feet towards Mulberry Street, thence at right angles eight inches towaqrd Wightman Street; thence in a parallel line with Wightman Street, one hundred and sixty seven feet to Cedar Street; thence along Cedar Street, eight inches toward Lewis Street, to the place of beginning. Also all of that fraction of Block Number Five, Tier Number Three of the Matagorda Front of said City, To wit: Seventeen feet front on Lewis Street, by a depth of one hundred and eleven feet, four inches, commencing one hundred and sixty-seven feet from the Corner of Cedar Street and Lewis Street, thence at right angles as parallel lines with Cedar Street, one hundred and eleven feet four inches towards Wightman Street; thence in a parallel line with Lewis Street, seventeen feet towards Mulberry Street, thence in a parallel line with Mulberry Street, one hundred and eleven feet and four inches; thence along Lewis Street towards Cedar Street, seventeen feet to the place of beginning, together with all the rights thereto belonging. Petitioner further represents that said John D. Newell before the maturity of said note, for value received, sold and transferred the same, and said mortgage security to your Petitioner's testator. That said note had been reduced by payments, so that on the first day of January, A. D. 1864, it amounted for principal and interest to the sum of $468.28 in coin of the United States. Petitioner further represents that said Joseph F. Haden departed this life in the year 1862, being then a resident of said City of Matagorda, and that George Burkhart was thereafter appointed by your Honorable Court, Administer on his Estate, To wit: sometime in the said year, 1862, and that he still holds said trust, said Estate never having been settled. That said Burkhart in his capacity of Administrator as aforesaid, on the 2nd day of March, A. D. 1864, duly accepted the balance due on said claim, to be paid in due course of administration, and that the same was thereafter approved by the Chief Justice of said County. Your petitioner therefore prays that after an examination of said petition, your Honorable Court will order and decree said real estate and appurtenances to be sold for specie, payable on the day of sale and that the proceeds of said sale may be appropriated to your Petitioner's claim, as so much of said proceeds as may be necessary for that purpose. And your Petitioner also prays for citation against said Administrator to answer this Petition, and for all other relief. For a more perfect description of said mortgaged property, reference is here made to Book J, pages 107, 108 & 109 of the proper records of said County. Lucy Selkirk, Executrix, Estate of J. H. Selkirk Matagorda County Probate Records, Book E, Pages 15 - 18 _____________________________________________________________ Acceptance of service I hereby acknowledge full legal service and notice of this petition, and waive the necessity of being served by the Sheriff, five full days before Court, and will answer at the October Term, 1865, of the County Court of Matagorda County.
Geo. Burkhart, Admin. |
Copyright 2010 -
Present by the Selkirk Family |
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Created Dec. 25, 2010 |
Updated Jun. 14, 2020 |