Bpn preface note: Years ago, before much (if any) info on Poythress people
in Texas or Missouri was viewable online, I saw indexed an Estate for a Joe
Poythress in Texas, in Tarrant County (the county in which Ft Worth is
located). I ordered a copy of all the contents of the Estate file (really
2 associated files) in hopes of figuring out which Poythress line was
involved, and from which earlier state (since so many early settlers had
"gone west" when they had exhausted their land and new land was available
farther west). Eventually the documents arrived, and I was amazed to see
his line went back to Georgia, and that in the documents he named nephews
from 2 of his brothers, thus tying the family together quite well. Warning:
this is long -- more than 6 pages as a Word document with narrow margins.
Any notations in square brackets [like these] are my own. I hope this all
fits within the size-limit of emails to our Poythress List of subscribers.
I highly recommend printing off the entire email to be able to go back and
forth between the documents, over a cup of caffeine.
Probate Court Tarrant Co, TX in the matter of the Estate of Joe Poythress,
deceased, Cause No. 1922-7696 and associated Guardianship Cause 1922-8919
for his nephews Frank Franklin Poythress & Albert Joe Poythress, his minor
heirs residing in Fordland, Webster Co, Missouri with their mother, Mrs.
Manisa Poythress (widow of Joe's brother Henry Poythress)
Testator: Joseph (son of RK) POYTHRESS
Filed 23 Oct 1922
Loose Old Probate Records, Tarrant Co, TX
Copies of both these Loose Record files were received 26 Sep 2009, after
they had to be ordered Tarrant County, Texas Probate Court Clerk's Office,
Bryan L Thomas, Civil Records Administrator, who had to order them from
their Old Records:
- Cause No. 1922-7696 Estate of Joe Poythress
- Cause No. 1922-8919 Guardianship of Frank Poythress (& Albert Joe
- Cause No. 1922-7696 Estate of Joe Poythress:
- in Cause No.7696: packet shows Application for Probate of Will, Codicil
&c filed Oct 23, 1922 in Book B-105, p.236
[Will 12 July 1920]
State of Texas
County of Tarrant: Know all men by these presents; That I -- Joe
Poythress, of Fort Worth, Tarrant County, Texas, being of sound and
disposing mind and memory, and knowing the uncertainty of life and the
certainty of death do make and publish this my last Will and Testament, in
words and figures as follows; and hereby revoking all Wills heretofore made
I give and bequeath unto my two Nephews, Frank Franklin Poythress and
Albert Poythress of Fordland, Missouri, the farm upon which they are now
living in the State of Missouri, share and share alike, and in case either
one does prior to my decease or prior to their attaining the age of Twenty
One years, the survivor is to be entitled to the whole of said farm. [Bpn
note: these were sons of Joe Poythress' brother Henry Poythress & Manisa
Young; Henry had died 27 Jan 1916 and was buried at Mt Olive Cemetery,
Fordland, Webster Co, MO per his death certificate]
It is my wish and I so direct that Mrs. Manisa Poythress, the mother of
said above named Nephews, is to have full care and custody of all of the
farm herein bequeathed to them until each of them arrive at the age of
Twenty One years.
I give and bequeath unto my Aunt Mrs. I. Hulsman [here is inserted above
the line "Philadelphia, Pa"] the sum of ($2,000.00) Two Thousand Dollars,
providing however that she survives me, and in case she dies prior to my
decease then this bequest is to go as burther directed herein. [Bpn note:
Mrs. Isabella Hulsmann, per the 1880 Census in Pottsville, Schuylkill Co,
PA, was born 1846 in England, where Sara A. nee Simpson, mother of Joe
Poythress was also born. Mrs. Hulsmann's husband Gehard Hulsmann, of that
same 1880 Census, was born in 1814 in Germany. A Philadelphia City Death
Certificate shows that Gerhard Hulsmann died at age 78 on 14 Jan 1892 of
Bronchitis & Bright's Disease at Pottsville, PA and was buried at Woodlands
I give and bequeath unto my nephews, E.T. Poythress [Bpn note: aka Edward
T. Poythress, Sr.] and Charles Henry Poythress of LaGrange, Georgia [Bpn
note: these were sons of Joe Poythress' brother Charles E. Poythress &
Martha E Evans; Charles had died 10 Sep 1918 and was buried at Hillview
Cemetery, LaGrange, Troup Co, GA], and my Nephews Frank Franklin Poythress
and Albert Poythress, of Fordland Missouri, share and share alike, all the
rest and residue of whatever estate I may die seized and possessed of,
Real, Personal and Mixed, including life insurance in the Maccabees, and to
include the bequest of Two Thousand Dollars herein bequeathed unto my Aunt
Mrs. I. Hulsman, in case she dies prior to my decease.
It is my desire and I so direct that no action be had in the Probate
Court other than to Probate this my Last Will and Testamnt and file an
inventory and appraisement of my estate therein.
It is my desire and I so direct that E.T. Poythress of LaGrange, Georgia,
be nominated and appointed Executor of this my last will and testament and
that he be required to give no bond therefor.
It is my desire and I so direct that in case of the death of any Legatee
under the Fourth Subdivision prior to my decease, then the portion devised
to any such is to go to their children, in case they have children, but in
case they have no children, then it is to go to those surviving of the
legatees named herein, share and share alike.
Witness my hand this the 12th day of July 1920.
(signed) Joe Poythress
And we, the witnesses requested to sign our names as witnesses herein by
the testator Joe Poythress, each being over the age of 21 years, hereto
affix our signatures as such witnesses on the request of said testator,
after the foregoing instrument had been reduced to writing and read over to
said testator and after he had declared same to be his Last Will and
Testament and requested us to sign same as witnesses and we signed same in
his presence and in the presence of each other.
Witness our hands this the 12th day of July 1920.
(signed) J.W. Price
(signed) J.L. Morris
- in Cause No.7696:
[Codicil 20 June 1922]
State of Texas
County of Tarrant: Whereas, I, -- Joe Poythress of the County of Tarrant
and State of Texas have heretofore made my last will, and bearing date of
July __ 1920,: Now I do by this writing, which I declare to be a Codicil to
my said will, to be taken as a part thereof, hereby ratifying and
confirming my said last will save in so far as this codicil changes it, as
follows to wit;
I give and bequeath unto Mrs Annie Burns the house and lot situated at
1611 Alston Avenue and being Lot 12 Block "B" Bellevue Hill Addition to
Fort Worth, Tarrant County, Texas, together with all the household and
kitchen furniture contained in building on said premises, save and except
some few relics, spoons and so forth, that are left as shown hereafter.
[Bpn note: In the 1920 Census for Fort Worth, Tarrant Co, TX, widow Mrs.
Annie Burns and her family were renters in the home owned by Joe Poythress,
where he resided, at 1611 Alston Ave.]
It is my desire that all the money I may have in the bank at Fordland,
Webster County, Missouri, be paid to my nephews Frank and Albert Poythress
as soon as possible after my decease and without any legal procedings had
to obtain same.
It is my desire that the old family relics and spoons [here, inserted by
hand above the line is: "and my Personal effects"] now in my possession be
bequeathed unto my [here, inserted by hand above the line is "nephew" and
marked out is the portion of the typed line which had originally read: "two
nephews Charles Henry and"] E.T. Poythress, Sr.
In case E.T. Poythress, Sr. dies prior to myself, It is my desire and I
so direct that all of my estate bequeathed to him, said E.T. Poythress, Sr.
be bequeathed unto his two sons E.T. and Joe Henry Poythress.
With the exception of the changes made in this my codicil, all the
bequests as made in my said last will are to stand as written therein.
As my Nephew E.T. Poythress, Sr. is now bedridden and will be unable to
attend to the duties of Independent Executor of my said last will, It is my
desire and I so direct that H.L. Pattie of Fort Worth, Tarrant County,
Texas, be nominated and appointed as Independent Executor of this my last
will and codicil and that nothing be required of him save to Probate this
my last will and codicil and inventory and appraise my said estate and file
same in Probate Court, and I further direct that no bond shall ever be
required of him as my said Independent Executor.
Witness my hand this the 20th day of June 1922.
[here, written in handwriting preceding his signature is the statement "I
want a plain and inExpensive funeral" with the "in" of the word
"inexpensive" being very hard to read]
(signed) Joe Poythress
(signed) B.C. Callaway
(signed) E.W. Evans
- in Cause No.7696: packet for "Proof of Will" shows Filed Nov 8, 1922 in
Book B-105, p.240
- Witness R.H. Smith [Bpn note: we learn from a below document that R.H.
Smith was an attorney; he represented H.L. Pattie who had been named by Joe
Poythress to be his Executor, and who filed for Probate of the will]
appeared in court on 8 Nov 1922, testifying that he knew Joe Poythress for
about 20 yrs before his death on 20 Oct 1922, about 2 yrs after making his
will dated Jul 12, 1920 which Smith witnessed in the presence of the
deceased and witnesses J.W. Price & J.L. Morris.
- in Cause No.7696: packet for "Proof of Codicil" shows Filed Nov 8, 1922,
in Book B-105, p.241
- Witnesses E.W. Evans & B.C. Calloway appeared in court on 8 Nov 1922,
testifying that they knew Joe Poythress for about 1 and 10 yrs before his
death on 20 Oct 1922, about 2 mo. after making Codicil to will dated Jun
20, 1922 which they witnessed in the presence of the deceased and each
- in Cause No.7696: label on back of folded document reads:
In-Re Estate of Joe Poythress, deceased
H.L. Pattie, applicant for Probate of will
[written by hand at bottom of that folded panel shows:] Filed Oct 23, 1923,
in Book B-105, p.236.
- in Cause No.7696: front of typed document reads:
State of Texas
County of Tarrant: Probate Court, Tarrant County, Texas.
Now comes H.L. Pattie, applicant who resides in aforesaid County and
State, and makes application for the probate of the written will and
codicil of Joe Poythress, deceased and for such application says:
-1- That the name of the testator is Joe Poythress, who died a resident
citizen of Tarrant County, Texas October 21st 1922, at his residence in
said county and state.
-2- That said deceased's residence was in such county and that he left a
large estate mostly situated in Tarrant County, Texas.
-3- That his estate consisted of money, money obligations and real
estate of the probably value of $30,000.00
-4- That H.L. Pattie is named as independent executor without bond and
that he resides in Tarrant County, Texas.
-5- That such executor is not disqualified by law from accepting letters.
-6- That said written will and said codicil are filed herewith.
Wherefor applicant prays for citation as required by law and for such
other matter as provided by law for probate of wills where estate is over
$1,000.00 and for such other relief as by law and equity the case is
entitled to and general and special relief.
(signed) R.H. Smith, Attorney for applicant
- in Cause No.7696: packet (or back of legal form?) label shows: issued
23 Oct 1922 and filed in Book B-105, p.239. Noted at the bottom of the
label is name & address: R.H. Smith 2021 N Main St.
- in Cause No.7696: The legal form, "Notice of Application for Probate of
Will" gives notice To all persons interested in the estate of Joe Poythress
Deceased, H.L. Pattie has filed in the County Court of Tarrant County,
Texas, an application to probate the will and codicil of Joe Poythress,
deceased, which will be heard at the next term of said Court, commencing
the first Monday in November, 1922, at the Court House thereof, in the City
of Fort Worth, at which time all persons interested in said estate may
appear and contest said application, should they desire to do so.
- in Cause No.7696: Sheriff's Return dated 23 Oct 1922, and the
accompanying Affidavit of Publication dated 2 Nov 1922, show that
advertised twice (on Oct 25, 1922 and Nov 1, 1922) in the Fort Worth Daily
Live Stock Reporter, a newspaper of general circulation, was the required
Legal Notice regarding Probate of the estate of Joe Poythress in Tarrant
Co, TX. Copies of the darkened newspaper clippings were too dark to read in
their entirety, but they appeared to just be a general notice for the
benefit of anyone having an interest in the estate.
- in Cause No.7696: form appointing H.L. Pattie on 8 Nov 1922 as
independent executor, and ordering appraisal of the estate by E.W. Evans,
B.C. Calloway, and C.T. Prewitt.
- in Cause No.7696: Oath of Executor, back showing filed Nov 8, 1922 in
Book B-105, p.242: on the form, it shows H.L. Pattie solemnly swore on 8
Nov 1922 that the writing offered for probate was the last will and codicil
of Joe Poythress so far as he knew & that he would well & truly perform all
the duties of Executor.
- in Cause No.7696: label on back of folded document shows it is the
Inventory and Appraisement, filed Nov 8, 1922, in Book B-105, p.506
- in Cause No.7696: front of document:
Inventory and Appraisement
No.7696 Estate of Joe Poythress, deceased. In County Court of Tarrant
Inventory and appraisement of the estate of Joe Poythress, deceased,
produced before the undersigned appraisors, on the 8th day of November
1922, by H.L. Pattie, Executor of said Will and Codicil of the Estate of
Joe Poythress, deceased.
Joe Poythress, deceased having been a bachelor.
[In the inventory & appraisement, are 3 pieces of real estate:
-- $1,800 -- Lot 50 by 125 ft / Block 5 Van Zandts [likely in Ft Worth]
-- $1,500 -- SW 1/4 of NW 1/4 of Sec.32 Twp 22 R 18 in Webster Co, MO [the
farm he left to his nephews Frank F. Poythress & Albert Joe Poythress]
-- $4,000 -- Lot 12 Block B Bellevue Hghts Add. [the Ft Worth residence
address where he lived when he died, which he left to his renter Mrs. Annie
[Notes payable to Joe Poythress listed included two Judgments, listed at
-- $213.12 [from date] May 20th, 1909: Joe Poythress, Judgment vs J.F.
Dunlap [the following is likely the legal reference to a matter handled by
a Justice of the Peach] 13.632 J.P.
-- $1,000 [no date or location] Joe Poythress vs. Minnie I Evans et al:
Judgment and liens on valueless real estate
[other notes listed:]
-- $800[? hard to read amt since typed on fold & paper not flat when
copied] Walter B Morgan dated Nov 1, 1918 [or 1916?]
-- $1,500 Mrs. Joe W Burney, widow, two notes both dated Jul 7 1922, one
for $1,000 & one $500, both due 1 year from date
-- $150.45 John [H or M or N] Darter Nov 20, 1920 which was due 6 mo after
-- $1,500 Elmer Stinnett & Ella Stinnett dated Jun 25, 1918 due Jun 25,
-- $285.37 Andy Nelson 9/19/1920
-- $650 Andy Nelson 11/13/1918 Extended 1 year if int. pd.
-- $200 Joe L Carter Jul 27/22  Secured by Auto 60 days
-- $50 M A Gentry Sep 20/22  Secured by Victrola &ct
[The following notes are all "Secured V.L." with no indication of what/who
V.L. stands for]
-- $1200 C L Machett May 15/22 
-- $1702.86 Lamar Whaley Mar 5/20 
-- $573.57 Conrad Schmitt Sr. Jul 1/19 
-- $13.83 C.M. Jones & Cynthia Jones May 27/16 
-- $1351.85 C.L. Monk & J.D. Brumbeler Aug 7/19 
-- $420.71 Frank M. Cloud Apr 29/18 
-- $746.18 W.M. Thompson Apr 16/19 
[other assets listed:]
-- $46.31 - 11 Savings Certificates 4.27 each
-- ___ 1 Interest coupon 4th Liberty bond B00252582
-- $30.38 Cash on hand Silver 9.38 Gold 8.00 Currency 13.00
-- $248.34 Cash in Bank
["$19,201.97" is the handwritten total, though the above figures do not add
up to exactly that amount.]
We, the undersigned appraisers, solemnly swear that the foregoing is a
full and fair appraisement of the estate of Joe Poythress, deceased
produced before by the executor.
(signed) B.C. Callaway; E.W. Grant; C.J. Prewitt
Sworn to and subscribed to before me, this the 8th day of November 1922
(signed) R.H.Smith, Notary Public, Tarrant Co, Texas
I, -- H.L. Pattie do solemnly swear that the foregoing inventory and
list is a full and complete inventory and list of the property and claims
of Joe Poythress deceased, that have come to my knowledge. (signed) H.L.
Sworn to and subscribed to before me, this the 8th day of November 1922
(signed) R.H.Smith, Notary Public, Tarrant Co, Texas
- in Cause No.7696: Order dated Nov 8, 1922 showing the Court approved the
inventory & appraisement
= = =
- Cause No. 1922-8919 included the following sheets:
-- Application addressed to the Honorable Probate Court of Webster County,
Missouri, dated 24 Mar 1923 for J.H. Mayfield to be appointed Guardian and
Curator for Minors, both residing in that county:
- Frank F. Poythress, aged 15 years
- Albert J. Poythress, aged 13 years
"named as heirs in the will of Joseph Poythress, deceased, filed and
recorded in Probate Minute Book 105, page 237, in County of Tarrant, State
-- 7 April 1923 statement signed by Franklin Poythress, a minor 15 yrs of
age, requested J.H. Mayfield of Fordland, Webster Co, MO, as his Curator
(witnessed by A. Cawthra)
-- 17 April 1923 statement signed by Mrs. M. Poythress, mother of Franklin
Poythress and Albert Poythress, minors, requested J.H. Mayfield of
Fordland, Webster Co, MO, be named as Guardian and Curator of her above
named two sons, and waived her right to act. (signed by her mark; attested
by Seth V Conrad)
-- Bond of Guardian and Curator dated 16 Apr 1923 was executed in presence
of Probate Judge in Webster Co, MO, and was filed for record on 2 May 1923
in Webster Co, MO Book 3, at p.41: We, J.H. Mayfield as Principal, and
R.F. Olson, J.R. Templeton, A. Cawthra, W.D. Huff, and E.W. Nash as
Securities are held and firmly bound up to the State of Missouri, in the
sum of $17,200 on the condition that the said J.H. Mayfield had been
appointed by the Probate Court of Webster Co, MO, Guardian of the person
and Curator of the Estate of Frank F Poythress and Albert J Poythress, of
-- 7 Aug 1923 Guardian's Inventory & Affidavit showed all the Goods and
Chattels, Rights and Credits of Frank Franklin Poythress and Albert Joe
Poythress, minors, that had come to the possession or knowledge of J.H.
Mayfield, Guardian and Curator of their estate:
Real Estate [blank]
$1500 Note & deed of trust, Elmer Stinnett & Ella Stinnett
$200 Check [not further identified]
-- 3 May 1926 Inventory and Appraisement in Guardianship of Frank F
Poythress & Albert J Poythress, minors listed by J H Mayfield:
- $500 for Lot 5 Block 1 McConnell's Addition to the City of Fort Worth,
TX, the interest being one half interest in same
- __ No personal estate
-List of claims being a one half inerest in notes, Judgments and accounts
due said wards:
- 1 note of Andy Nelson $300, the one half being 150
- 1 note of C M Machet $335 one half being 167.50
- 1 note of Walter Morgan $1000 1 half being 500
- Judgment against J F Dunlap worthless
- Judgment against J L Carter worthless
- Judgment against Minnie Ivy worthless
- Note against J H Darter barred by limitation
- Total $1317.50
(signed by J H Mayfield & notarized)
-- 5 May 1926 Tarrant Co, TX County Judge Gwinnett[?] Moon signed an order
approving the report of the inventory, appraisement and list of claims of
the estates of Frank F Poythress & Albert J Poythress, minors made by R.D.
Goodman, F.O. James and W.L. Ratliff who have hereto been appointed by the
court to appraise said estates, and the court having examined the same,
ordered said report be approved
-- 26 May 1926 J.H. Mayfield as Principal and securities Seth V Conrad,
R.H. Smith, D.A. Gill, and H.L. Pattie gave Bond in the amount of $3,000
for Mayfield to serve as Guardian in Tarrant Co, TX for Frank F Poythress &
Albert J Poythress, minors.
-- 4 Jun 1926 Appraisers swore above was full and fair (signed & notarized)
-- 16 Jun 1926 .. came on to be heard the application of J.H.Mayfield,
guardian of the Estate of Frank F Poythress and Albert J Poythress, minors
filed herein on 5 Jun 1926 for leave to Intervene in a certain suit pending
in the 48th District Court of Tarrant Co, TX wherein a Partition of joint
property of said minors and the other joint owners is sought and it
appearing to the Court that it is right and proper for said application to
be granted and that it is for the interest of the said estate of said
minors for said guardian to so Intervene... decreed by the Court that the
Guardian, H.H. Mayfield Intervene in said cause... and protect the interest
of said minors...
-- undated form signed by Seth V Conrad, Attorney for Guardian J.H.
Mayfield, Guardian of person & estate of minors Frank F Poythress & Albert
J Poythress: That there is a certain suit now pending in the 48th District
of Tarrant Co, TX, wherein a partition is sought of the estate of which the
aforesaid minors have an undivided one half interest... [suit not further