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Probate #3722 Chronology130 Estate of Antonio Campa Soza Died June 13, 1915 "November 14, 1925 #3722 LETTER OF ADMINISTRATION Mrs. Jesus M. de Soza, ... Filed Petition for Administratrix. K. Berry Peterson, Attorney for Petitioner. Deceased left estate in County of Pima, consisting of real property: Lot Five (5), Block sixty-eight (68) in the City of Tucson, County of Pima, State of Arizona, of value of about Ten Thousand Dollars ($10,000.00). Next of kin listed: Residing at Tucson, Az, and being over the age of twenty-one years. to wit: Rosaura Vijil, Louisa Saenz, Antonio Soza, Mercedes Apodaca, Carlos Soza, Maria de Gonzales, Benito Soza, Juan Soza, Francisca Soza, Enrique Soza, Alberto Soza November 14, 1925 #3722 NOTICE OF APPLICATION FOR LETTER OF ADMINISTRATION filed by Mrs. Jesus M. de Soza. Hearing set for November 25, 1925 November 25, 1925 #3722 ORDER APPOINTING ADMINISTRATRIX in the Matter of the Estate of Antonio C. Soza, Deceased - Judge Gerald Jones, Petition by Mrs. Jesus M. de Soza is ordered upon her taking the oath and filing a bond of five hundred dollars. December 12, 1925 #3722 BOND SIGNED Mrs. Jesus M. de Soza, principal and T.C. Triplett and A.F. Borrego, as sureties, are held and firmly bound unto the State of Arizona in the sum of Five Hundred Dollars, .... March 23, 1926 #3722 RECORDER BOOK BONDS Page 307 Bond of Mrs. Jesus M. de Soza Given Upon Qualifying, approved March 23, 1926. Judge ... Gerald Jones, J. Cella, Attorney for Administratrix. March 22, 1926 #3722 LETTER OF ADMINISTRATION Mrs. Jesus M. de Soza appointed Administratrix of the Estate of Antonio C. Soza, signed March 22, 1926. March 25, 1926 #3722 ORDER APPOINTING APPRAISERS, AND FOR PUBLICATION OF NOTICE TO CREDITORS. J.G. Kime, Marion Robertson, and H.E. Heighton, three disinterested person, competent and capable to act, be, and they are hereby appointed appraisers for said estate. March 25, 1926 #3722 PETITION TO MORTGAGE PROPERTY. Mrs. Jesus M. de Soza, Administratrix files petitions for permission to mortgage for $12,300.00 the property - Lot 5 Block 68, in the City of Tucson, Pima County, Arizona .... It is ordered that all interested persons appear before Court SATURDAY, 24 April, 1926. Notice to be published in Arizona Cattleman & Farmer for 4 consecutive weeks. #3722 Mrs. Jesus M. de Soza represents to the Court that Antonio C. Soza died intestate in Pima County, Arizona that petitioner is the dully appointed, qualified and acting Administratrix of the said estate; That the estate of said decedent consist of ... Lot Five in Block Sixty Eight according to ... survey... dated June 26, 1872. That said property is of probable and estimated value of $5,000.00, that portion of said property is vacant and unimproved and is located between sixth and Seventh Streets on Fourth Avenue within the business district of said City of Tucson, against which property high and burdensome, as well as street assessments are annually levied, that no revenue or income is derived from said property, and your petitioner has been compelled to pay said taxes and assessments from her own separate funds and property for many years. Petitioner shows to the Court that it would be advantageous to said estate that a business house be on said lot, or a part thereof, she prays the Court for an order authorizing her to raise $10, 000.00 upon a note due 3 years after date, bearing interest from date thereof at the rate of eight percent per annum interest payable monthly That the building or structure proposed to be erected is estimated at $15,000.00 and in addition to the note and first mortgage above mentioned, petitioner prays for an order authorizing her as Administratrix to execute a mote for $2,300.00 payable monthly installments of $200.00 each, including interest at the rate of eight percent. on deferred payments, and to secure the payment of said note, that the petitioner be authorized to execute, acknowledge and deliver a second mortgage on the premises. That the building to be erected will comprise a two story brick building, containing two store rooms on the first or ground floor and four apartments on the second or upper floor, that when said building is completed, petitioner will be able to rent each of the store rooms for $75.00 per month and to rent the four apartments for $50.00 per month. That the said estate is indebted to petitioner in the sum of approx. $500.00 for taxes and assessments paid on said premises by her out of her separate funds, that charges of administration will mount to approx. $500.00 That the advantage to accrue to the estate from raising money by notes and mortgages as aforesaid is that said property will become productive and a source of income. THat it will be necessary to raise $12,300.00 on notes and mortgage .... The names and ages of the heirs of the deceased, so far as known to petitioner are as follows: Rosaura Vijil, 45 Louise Saenz, 40 Antonio Soza, 38 Mercedes Apodaca, 35 Carlos Soza, 34 Maria Gonzales, 32 Benito Soza, 30 Juan Soza, 26 Francisco Soza 25 * Enrique Soza, 23 Albert Soza, 21 Alicia Soza, 16 Louisa Soza, 18 * (sic, should read Francisca Soza) Hearing set before Superior Court for 9:30 AM April 24, 1926. April 22, 1926 #3722 AFFIDAVIT OF PUBLICATION ... Arizona Cattleman & Farmer to Creditors: Estate of Antonio C. Soza, Deceased, published notices on 3/30/1926, 4/6/1926, 4/13/1926 and 4/20/1926.... April 22, 1926 #3722 PAUL J. CELLA, ATTORNEY FOR ADMINISTRATRIX. Paul J. Cella ... says ... hat he caused the attached Notice to show cause why Administratrix should not be granted order to mortgage certain real estate belonging to said estate to be published in the Arizona Cattleman & Farmer. April 24, 1926 #3722 ORDER that Mrs. Jesus M. de Soza be authorized to make and deliver to the lender a promissory note for Ten Thousand Dollars ($10,000.00), due not less than 3 years after the date thereof, bearing interest at the rate of 8 per cent. per annum, interest payable monthly ... It is further ordered that said Administratrix be, is hereby authorized to make and execute a promissory note for the sum of Two Thousand Three Hundred Dollars ( $2,300.00) payable in monthly installments of $200.00 each, including interest at the rate of eight percent. per annum on deferred payments.. June 11, 1926 #3722 INVENTORY AND APPRAISEMENT Appraisers J.G. Kime, Marion Robertson, and H.E. Heighton April 10, 1926 #3722 OATH OF EXECUTOR OR ADMINISTRATRIX signed by Jesus M. de Soza that the annexed inventory contains a true statement of all the estate. Paul J. Cella, Attorney .... Money - None Real Property - Lot Five in Block Sixty-eight (68) in the City of Tucson, Pima County, Ariz. according to the official survey, map and field notes made by S.W. Foreman on June 26, 1872... $4,000.00, the whole of the estate mentioned in the foregoing inventory is community property of decedent and the administratrix, surviving widow. August 20, 1926 #3722 ACCOUNT AND REPORT To Hon. Gerald Jones, Judge - #4 that the balance of money in the hands of the Administratrix is $ nil and that the claims allowed aggregate the sum of $ none; that the cost and expenses of administering the estate, including attorney fee is $164.20. Schedule "A" Receipts One half rents received from property of estate for months April, May, June, July and August $125.00 Disbursements Filing fees 10.00 Inventory Fee 10.00 Publication/Notices 3.00 Appraisers (2) 6.00 Mortgage Notice to Creditors 9.60 Paul J. Cella, Atty 125.00 Total 164.20 August 26, 1926 #3722 PETITION FOR DISTRIBUTION OF ESTATE Petitioner, and Administratrix states that the inventory has been returned to the court, creditors have been notified more than four months ago, now avers that "the whole of the said estate is community property of the petitioner and the deceased". That said Antonio C. Soza died June 13, 1915 leaving surviving petitioner, his widow and the following named children; Rosaura Vijil Louisa Saenz Mercedes Apodaca Maria de Gonzales Antonio Soza Carlos Soza Benito Soza Juan Soza Francisca Soza Enrique Soza Albert Soza All of lawful age : Louisa Sosa Alicia Soza Grandchildren * (* daughters of Manuel Soza, Deceased and Ramona Manzo) That the said petitioner and the said above mentioned heirs are entitled to the residue of said estate. Wherefore, your petitioner prays that the administration of said estate may be brought to a close, and that she may be discharged from her trust as such Administratrix. That after due notice given and proceedings had, the estate remaining in the hands of your petitioner, ... may be distributed to the parties entitled, to wit: Jesus M. de Soza widow 1/2 Rosuara Vijil daughter 1/24th Louisa Saenz 1/24 Antonio Soza son 1/24 Mercedes Apodaca daughter 1/24 Carlos Soza son 1/24 Maria de Gonzales` daughter 1/24 Benito Soza son 1/24 Francisca Soza daughter 1/24 Enrique Soza son 1/24 Alberto Soza son 1/24 Alicia Soza 1/48 grand daughter Louisa Soza 1/48 grand daughter August 20, 1926 Mrs. Jesus M. Soza, and Paul J. Cella, Attorney. Schedule "A" ... Lot Five in Block Sixty eight of City of Tucson, PIma County, Arizona ... said property is encumbered by a first and second mortgage. which mortgages were ... authorized ... by this court. August 20, 1926 #3722 ORDER Appointing Day Of Settlement of Account and of Hearing Petition for Final Distribution It is ordered that Tuesday, 31 August, 1926 at 9:30 AM is appointed for settlement and that the Clerk give notice ... at least ten days before ... settlement. Pro. Misc. Book 8 Page 8. August 20, 1926 #3722 NOTICE OF SETTLEMENT OF FINAL ACCOUNT AND HEARING OF PETITION FOR FINAL DISTRIBUTION. Hearing set for Tuesday, August 31, 1926 at 9:30 AM ... at which time and place any person interested in said estate may appear and ... and contest the same. October 15, 1926 #3722 ADMINISTRATRIX JESUS M. DE SOZA represents to the court that the building on Lot Five in Block Sixty Eight , City of Tucson has been completed but not yet rented and that the amount raised by said (first and second) mortgages has been found $1,800.00 short of the amount due the contractor, and that said contractor is entitled to a lien on said building and premise for such amount. Petitioner further shows to the court that there are four (4) unfurnished apartments on the upper or second floor of said building which she has been unable to rent, there being no demand for unfurnished apartments, and petitioner shows to the court that it is for the best interest of the estate that at least two of the said apartments be furnished at a cost not exceeding $700.00 THat the Administratrix has no funds belonging to the said estate with which to pay the said $1,800.00 to the contractor or to furnish two of the said apartments, and it is therefore necessary and desirable that this court authorize the administratrix to place a first mortgage on that part od Lot 5, Block 68...to raise the sum of $2,500.00; .... The names and ages of the heirs of the deceased are: Rosaura Vijil 45 Louisa Saenz 40 Antonio Soza 38 Mercedes Apodaca 35 Carlos Soza 34 Maria Gonzales 32 Benito Soza 30 Juan Soza 26 Francisca Soza 25 Enrique Soza 25 Alberto Soza 21 Alicia Soza 17 Louisa Soza 19 Therefore, Petitioner prays an order of this court requiring all persons interested in said estate to appear before this court at 9:30 AM, Saturday, 13, November, 1926. October 15, 1926 #3722 ORDER Done in open court this 15th day of October 1926. Administratrix is authorized to place mortgage on a portion of Lot 5, Block 68 in the amount of $2,500.00 to pay off contractor and furnish two apartments. Probate Misc. Book 8, Page 73. November 10, 1926 #3722 PAUL J. CELLA DEPOSES that he ... published four notices in the Arizona Cattleman & Farmer starting on 10/19/1926, and the last on 11/2/1926 November 10, 1926 #3722 AFFIDAVIT OF PUBLICATION Jos. B. McCormick, publisher that notices were published on October 10, 19, 26 and November 3, 1926. November 13, 1926 #3722 NO OBJECTIONS TO MORTGAGING a portion of Lot 5, Block to raise Two Thousand Five Hundred Dollars ($2,500.00) on a first mortgage, to pay off the contractor and furnish two apartments. Court authorizes ... promissory note for $2,500.00 for stated purposes, to be due in not less than 3 years after date thereof , bearing interest at the rate of 8% PA from date until paid, interest payable monthly or quarterly at option of the lender, and to secure the payment of said note, .... November 13, 1926 #3722 ON APPLICATION OF THE ADMINISTRATRIX, Mr. William Misbugh of Tucson, Az is appointed Guardian ad litem for Alicia Soza and Louisa Soza, Minors and Heirs-At-Law of Antonio Soza, Deceased. Done in open court November 13, 1926. January 14, 1929 #3722 PETITION FOR REMOVAL OF ADMINISTRATRIX Maria S. Gonzales represents to the Court: That the Deceased died June 13, 1915, owning property within the County of Pima, ... and also within the County of Cochise .... That ... on the 25th November, 1926 Jesus M. Soza his wife was appointed Administratrix of the estate .... on March 22, 1926 .... That March 25, 1926 Notice To Creditors was ordered to be made, and on March 25, 1926 a petition to mortgage said property was filed in Court, and on April 24, 1926 an order was made authorizing a mortgage on property known as Lot 5, Block 68 in the City of Tucson; and thereafter on October 15, 1926 a petition to make and additional mortgage for the sum of $2,500.00 was filed on November 13, 1926. That on June 11, 1926 an Inventory and Appraisement was filed ... did not correctly show the estate .... That on August 20, 1926, a final account was filed ... that said petition did not correctly set forth all of the said heirs and that several of the heirs of said deceased are not mentioned therein. That this petitioner is one of the heirs ... is a representative of several of the others ... and that on behalf of herself and other said heirs, this petitioner prays that said Jesus M. Soza be relieved as said Administratrix ... and that N.A. Gonzales, the husband of this petitioner and the nominee of several of the heirs of said estate, be appointed as Administrator ... to protect the interest of this petitioner and other of said heirs. January 21, 1929 #3722 DEMURRER AND ANSWER Jesus M. de Soza, Administratrix, demurs to the petition ... and for ground thereto alleges, that the facts set out in said petition fail to show that the petitioner, Maria S. Gonzales is entitled to relief prayed for. Wherefore, Jesus M. de Soza prays judgement as to the sufficiency of said petition. Further answering the said petition of Maria S. Gonzales, Jesus M. de Soza denies each, every and all the allegations contained in said petition. Wherefore: Jesus M. de Soza prays that said petition be dismissed. January 26, 1929 #3722 DEMURRERS OF CELLA & CELLA to petition for removal of Administrator. Demurrer overruled. Hearing set for February 6, 1929 Louis R. Kempe, Judge February 1, 1929 #3722 AMENDED PETITION FOR REMOVAL OF ADMINISTRATRIX. ... Jesus M. de Soza, his wife, was appointed administratrix of the estate, and did thereafter qualify as such, filing a bond in the sum of $500.00; .... That ... on March 25, 1926 Notice to Creditors was ordered and made, and on March 25, 1926 a petition to mortgage said property *was filed ... and thereafter on April 24, 1926 and order was made authorizing the execution of a mortgage ... petition to make and execute and additional mortgage on said property was filed and order to mortgage the said property for the sum of $2,500.00 was filed in this court on November 13, 1926. That on June 11, 1926, an Inventory And Appraisement was filed ... in which it set forth that the property of said estate, consisting of Lot 5, Block 68, was of the value of $4,000.00 and that said Inventory and Appraisement did not correctly show the estate of said deceased thereof; that the value of said property was in excess of the sum of $10,000.00; that on August 20, 1926, a final account was filed in said estate, and a petition to distribute the estate was the said August 20, 1926 filed therein, in which said petition was set forth the heirs entitled to receive all of the said estate of Antonio C. Soza, deceased,; that said petition did not correctly set forth all the heirs and that several of the heirs of said deceased are not mentioned. That the said bond of said Administratrix in the sum of $500.00 is not sufficient and does not property protect the said estate, and that further security by said administratrix should be made. That the said inventory and Appraisement filed in said Court was made with the intent to defraud the said heirs and to enable the said administratrix to make petition to this Court for an order to mortgage said property, and is and has failed to properly include in said Inventory and Appraisement, all of the estate of said deceased. That the said Administratrix is ignorant of the English language, and is not a competent person to administer on said estate; that this petitioner believes that she is under the influence and direction of others of the said heirs of said estate, and has dissipated portions of the estate to the benefit of those persons and to the detriment of the other said heirs. That the proceedings in said estate towards administration have been carried on in a negligent and extravagant manner and against the interest of this petitioner and of other heirs of the said estate, and that said administratrix has wasted and mismanaged the property of said estate committed to her charge. That this petitioner makes this application on behalf of myself as one of the heirs of said estate, and as a representative of other heirs entitled to participate in the distribution of the said estate of said deceased. Wherefore, your petitioner prays that an order be entered ... suspending the powers of such administratrix until this matter is further investigated, and that N.A. Gonzales, the husband of this petitioner and the nominee of other heirs of said estate, be appointed as administrator of the estate of Antonio C. Soza and to continue the administration of said estate and to take such steps as may be necessary to protect the interest of this petitioner and the heirs of said estate in and to the property of said Antonio C. Soza, deceased, and that such other and further action may be taken by this Court as may be proper in the premises. Signed: Maria S. Gonzales February , 1929. February 4, 1929 #3722 MOTIONS, DEMURRERS AND ANSWER OF ADMINISTRATRIX TO PETITION FOR HER REMOVAL. ... Demurs to the amended petition filed herein by Maria Gonzales and for ground of demurrer alleges that said petition shows on its face there is a defect of parties defendant. Wherefore the administratrix prays that said petition be dismissed. Subject to the above demurrer, the administratrix moves the Court to strike from the fourth paragraph on page 2 of the petition, the following language: "that the said administratrix is ignorant of the English language". Also the following language in the said paragraph: That this petitioner believes that she is under the influence and direction of others of the said heirs of said estate" for the reason that the same is incompetent, irrelevant and immaterial. Subject to the above demurrer and motion to strike, said administratrix demurs to the amended petition and for ground of demurrer says that the said petition does not state facts sufficient to authorize the relief sought or any relief. Wherefore said administratrix prays that said petition be dismissed. The administratrix demurs specially to the paragraph five of the amended petition and for ground of demurrer alleges that said paragraph taken separately or in connection with other paragraphs of said petition, fails to state facts sufficient to warrant the relief sought. The administratrix demurs specially to paragraph six of the amended petition and for ground of demurrer alleges that said paragraph taken separately or in connection with other paragraphs of said petition, fails to state facts sufficient to warrant the relief sought. Subject to above demurrers and motion to strike, the Administratrix moves the Court to require the petitioner to make the petition more definite and certain in the following ... That Petitioner be required to set forth; 1. Wherein the inventory and appraisement failed to show the estate of the deceased; 2. In what respect the petition for distribution failed to mention the heirs; 3. The names of the heirs of deceased alleged to have omitted from said petition; 4. In what particular the administratrix attempted to defraud the heirs of the deceased and the acts of fraud relied on; 5. The names of the heirs who have influenced the administratrix; 6. The names of the heirs for whose benefit the administratrix is alleged to have dissipated any part of the estate; 7. In what respect the proceedings in said estate have been carried on in a negligent and extravagant manner; 8. The names of the heirs against whose interest the administratrix is alleged to have acted; 9. In what manner and in what respect the administratrix has wasted or mismanaged the property of said estate committed to her charge; 10. The names of the heirs alleged to be represented by petitioner. For further answer to amended petition, subject to the above demurrers and motions, the administratrix admits, denies and alleges: I Admits that Antonio C. Soza died on June 13, 1915 or thereabouts, owning property within the County of Pima, and that the respondent was appointed and qualified as administratrix .... II Admits that notice to creditors was properly given ...; admits that a petition to mortgage the property for $10,000.00 and $2,500.00 was made on April 24, 1926 ... and that said petition was granted. III Admits that on June 11, 1926, an inventory and appraisement was filed in this Court, and that the real property was appraised at $4,000.00 by two disinterested appraisers, appointed by this Court; denies that said inventory and appraisement did not correctly show the estate of the deceased or the value thereof; admits that on August 20, 1926 a final account was filed in said estate and also a petition for distribution; but respondent alleges that no action has been taken by the Court on said final account or petition for distribution; denies that said petition for distribution did not correctly set for all of the heirs, and denies that any heirs were omitted therefrom. IV Respondent states that if the Court finds that the bond of the administratrix is not sufficient, said administratrix will execute such additional bond as the Court may require. V Denies that the inventory and appraisement filed in this Court was made with any intent whatsoever to defraud or injure any heir of said estate or to enable the administratrix to make petition to this Court for an order to mortgage said property or otherwise, and denies that the said inventory and appraisement failed to include all of the estate of said deceased. VI Admits that the Administratrix is not familiar in all respects with the English language; denies that she is incompetent to administer on said estate; denies that she is now or ever has been under the influence or direction of others of said heirs and denies that she has dissipated any portion of the estate to the benefit of any heir or heirs or to the detriment of any other or others of said heirs. In this connection the administratrix alleges that all of the heirs of said estate are her children or grandchildren and that she has incumbered several of her own separate properties in order to preserve the estate and to keep it intact for said heirs. VII Denies that any proceedings in said estate have been carried out in a negligent or extravagant manner; denies that she has done any act or thing against the interest of the petitioner an any other heir, and denies that she has wasted or mismanaged the property of the estate committed to her charge. She alleges that she has improved the property, making it self sustaining; that because of her efforts and assistance said property has very greatly enhanced in value, and that the encumbrances against said property are being paid off and discharged and all other obligations against the property promptly met and cared for. VIII Denies that the petitioner makes the application for the removal of respondent as the representative of any heir or heirs entitled to a distribution of the estate. IX The respondent represents and shows to the Court that the petitioner, aided and abetted by her husband, N.A. Gonzales on or about October 6, 1928, by deceit and misrepresentation obtained a general power of attorney from respondent, and that on November 2, 1928, the said Maria Gonzales, without knowledge or consent of respondent, conveyed without consideration and in violation of the trust, all of the respondent's property, separate and community, real, personal, and mixed and wherever situated, and thereby undertook to pauperize the respondent. Respondent denies that the said N.A. Gonzales is a fit or proper person to manage the estate, and denies that the said Gonzales is the nominee of any other heirs of said estate. X Respondent denies each and every allegation in said petition contained not herein expressly admitted. February 6, 1929 #3722 Order This matter having been presented to the Court upon the Amended Petition for the Removal of the Administratrix of said estate, and upon the Demurrer and Answer of the said Administratrix of said petition, and it appearing to this Court that the hearing upon said pleading cannot at this time be heard, but that the Administratrix should be required to suspend her actions as said administratrix until the final hearing of said petition. IT IS HEREBY ORDERED that the powers of Jesus M. Soza, as Administratrix of the estate of Antonio C. Soza, Deceased, be and they are hereby suspended during the pendency of this matter and until the final hearing on said petition and answers; and That the Tucson Realty & Trust Company shall continue to collect the revenues from the property of said estate which they are now collecting, and shall pay out of said collections such moneys for repairs and preservation of the properties of said estate, from which said revenue is derived, in the same manner and with the same effect as they are now exercising, including the $40.00 per month to said administratrix, until further order of this Court. Done in open Court, 6th day of February 1929. Judge E.L. Green March 22, 1929 #3722 HEARING FOR REMOVAL OF Administratrix Fred W, Fickett, Judge, Cella & Cella, Plaintiff's Attorney James R. Dunseath, Defendant's Attorney Exhibits: 1 Bill of Sale 2 Deed Tapia to Soza 3 Tax Deed 3/7/1902 4 Deed dated 1/4/1915 6 I. C. Deed dated 3/17/1926 7 Power of Attorney 8 Letter January 31, 1928 -Respondents Ex 8 9 Letter 2/1 Respondents Ex. 9 - Ben Soza Sworn Ex
4 Power of Atty - 368 " " Bond increased to $5,000.00 and suspension of Administratrix Ordered. Revoked upon filing of such bond. March 22, 1929 BILL OF SALE Respondent Ex 1 Know All Men By These Present: That Antonio C. Soza, of the City of Tucson, Pima County, Arizona ... the party of the first part, for and in consideration of the Love and Affection and the sum of Ten ($10.00) Dollars lawful money of the United States of America, to me in hand paid by Jesus M. Soza, of the same place, my wife, the party of the second part, the receipt whereof is hereby acknowledged, do ... by those present grant bargain, sell and convey unto the said party of the second part ... her heirs , executors, administrators, and assigns as her sole and separate property all that certain range and other animals, bearing the brand AS and ranging in the Counties of Pima and Cochise County, the brand of which now stands in the name of Antonio C. Soza, and being my sole and separate property, also all brands or branding items belongs to me or used or controlled by me in my ranches and cattle business. To Have And To Hold ... In Witness Wherefore I have hereunto set my hand and seal December 2, 1914. Witness - S. Rambaud Signed Antonio C. Soza, Notary Public - James R. Dunseath. Filed and Recorded at request of James R. Dunseath February 25, 1915 at 9 AM Book 6 Bills of Sale Page 470 INDENTURE - Respondent Ex #2, made July 26, 1899 between Mercedes Tapia of the City Tucson, Pima County, A.T., party of the first part and Jesus M. de Soza, of the same place. Witnesseth. that the party of the first part, for and in consideration of the sum of Four Hundred ($400.00) Dollars ... All of Lot Five (5) in Block (68) Sixty eight .... Signed- Mercedes Tapia Filed and Recorded at the request of S. Rambaud July 26, 1899. Book 31 D.R.E. Pages 82 & 83 March 21, 1929 #3722 HEARING ON PETITION OF MARIA S. GONZALES, as amended, praying for the removal of Jesus M. de Soza Administratrix of the estate of Antonio C. Soza, deceased, and the appointment of N.A. Gonzales as such Administrator. The petitioner appeared in person and by her counsel Jas. R. Dunseath and the Administratrix appeared in person and by her counsel, Cella & Cella .... Thereupon the matter was submitted to the Court upon oral and documentary evidence introduced at the hearing by the respective parties, and the Court being well and sufficiently advised as to the law in the premises is of the opinion and finds that the petitioner, Maria S. Gonzales has failed to sustain the allegations of the amended petition. It is therefore considered, ordered and adjudged by the Court that the relief demanded in said amended petition is hereby denied and said petition dismissed. It is further ordered ... that the order of February 6, 1929 suspending the powers of Jesus M. de Soza as Administratrix be revoked upon the execution and filing of a bond in the sum of $5,000.00 by said Jesus M. de Soza as such administratrix Done in open Court 26 March, 1929. INDENTURE Respondent Ex #3 This Indenture made March 7, 1902 between Board of Supervisors of the County of Pima, A.T. ... and Jesus M. de Soza .... Jesus M. de Soza purchased Lot 5 and improvements in Block 68 in Tucson. Signed by Lionel M. Jacobs, Chairman of the Board of Supervisors of said Pima County signed March 10, 1902. BARGAIN AND SALE DEED Respondent EX #4 THIS INDENTURE made the Fourth Day of January 1915 between Antonio C. Soza and Jesus M. Soza, his wife of Tucson, Pima County, Arizona parties of the first part and Severin Rambaud, of the same place, the party of the second part. WITNESSETH: That the said parties of the first part, for and in consideration of Three Thousand Five Hundred ($3,500.00) Dollars ... in hand, paid to them by the party of the second part ... all those certain lots, pieces of land, situate, lying and being in the County of Cochise, State of Arizona bounded and described as follows:
Township 12 South, Range 19 East, and all of the E 1/2 of NE 1/4; E 1/2 of SE 1/4 of Section 30, Township 12 South, Range 19 East, together with all of the improvements thereon situated and belonging ....In witness whereof ... James R. Dunseath, Signed Antonio C. Soza and Jesus M. Soza. Filed and Recorded by James R. Dunseath February 25, 1915 9 AM Book 60 Deeds R.E. Pages 553 and 554 BARGAIN AND SALE DEED Respondent Ex #5 THIS INDENTURE made the 8th day of January 1915 ... between Severin Rambaud and Refugia Rambaud, his wife of Tucson, Pima County, Arizona, parties of the first part and Jesus M. Soza, of the same place. Witnesseth: That the parties of the first part, for and in consideration of the sum of Three Thousand Five Hundred ($3,500.00) ... assigns forever all those certain lots, pieces, or parcels of land, situate, lying and being in the County of Cochise, State of Arizona, and bounded and described as follows, to wit: All of the NE 1/4 of the SE 1/4 of Section 32, E 1/2 of the NE 1/4: and E 1/2 of the SE 1/4 Section 30, Township 12 South Range 19 East (200 acres) G & SR BM, Cochise County, A.T. together with the improvements thereon .... Signed Refugio Rambaud and Severin Rambaud, Notary Public James R. Dunseath Filed and Recorded at request of James R. Dunseath February 25, 1915 9 AM Book 60 Deeds R.E. Pages 554 & 555 DEED, Respondent Ex #6 Board of Supervisors, Pima County, A.T. to Jesus M. Soza, Deed dated March 7, 1902 - Filed and Recorded at the request of Chas. Blaumen March 11, 1902, 12 Noon Book 32 D.R.E. Page 621 to 624 Incl. QUIT-CLAIM DEED This Indenture made on March 17, 1926 between Carlos M. Soza and Herminia V. Soza, his wife, residents of the County of Cochise, ... and Mrs. Jesus M. de Soza, a widow, ... resident of the County of Pima, ... have remised, released and quit claimed, and by those presents do convey, remise, release and quit claim unto the party of the second part ... All of that part of Lot Five (5), in Block Sixty Eight (68) of the City of Tucson, County of Pima, State of Arizona .... Signed Carlos M. Soza and Herminia V. Soza SPECIAL POWER OF ATTORNEY Respondent Ex #7 ... DO HEREBY APPOINT Mrs.Jesus M. de Soza, ... my attorney and agent, for me and in my name, and as my act and deed , to sign, seal, and acknowledge and deliver a note in the sum of Eleven Thousand ($11,000.00) due five years from date, with interest at 8% per Annum, thereon payable monthly, and a mortgage deed to secure said note; said mortgage deed to cover the following described real property situated in the City of Tucson, County of Pima, State of Arizona, to wit: All of Lot 5, Block 68 .... IN WITNESS WHEREOF, we have hereunto set our hands and seals, the 12th day of February, 1926 Antonio Soza
Mercedes Soza Henry Soza
March 22, 1929 #3722 ORDER Petition, as amended filed by Maria S. Gonzales for the removal of Jesus M. de Soza as Administratrix, and the appointment of N.A. Gonzales as Administrator. The petitioner appeared in person with her counsel Hon. James R. Dunseath, and the Administratrix appeared in person and by her counsel, Cella & Cella.... Thereupon the matter was submitted to the Court upon an oral and documentary evidence introduced at the hearing by the respective parties, and the Court being well and sufficiently advised as to the law in the premises is of the opinion and finds that the petitioner Maria S. Gonzales has failed to sustain the allegations of the amended petition. It is further considered, ordered and adjudged by the Court that the relief demanded in said amended petition is hereby denied and said petition dismissed. It is further ordered by the Court that the order of this Court made and entered in this matter on February 6, 1929 suspending the powers of Jesus M. Soza as administratrix be revoked upon the execution and filing of a bond in the sum of $5,000.00.... Done in open Court March 26, 1929, Signed Fred W. Fickett, Judge March 23, 1929 #3722 BOND UPON QUALIFYING Mrs. Jesus M. de Soza and Fidelity and Deposit Company of Maryland ... are held and bound to the State of Arizona in the sum of Five Thousand ($5,000.00) Dollars .. on March 22, 1929 appointing the above as Administratrix of the Estate of Antonio C. Soza Signed Jesus M. de Soza, March 23, 1929 April 19, 1929 #3722 BOND OF JESUS M. DE SOZA GIVEN UPON Qualifying Approved by Judge Fred W. Fickett November 2, 1929 #3722 NOTICE OF SETTLEMENT OF ACCOUNT In the Matter of Estate of Antonio C. Soza, Deceased ... Notice is hereby given that Jesus M. de Soza the Administratrix ... has rendered and presented for settlement, and filed in said court her final account of her administration .... March 20, 1933 #3722 ESTATE OF ANTONIO C. SOZA, RESIGNATION OF ADMINISTRATRIX. I, Jesus M. de Soza, heretofore appointed by this Court on the 25 day of November, 1925, as Administratrix of the above named estate, hereby resign and respectfully tender my written resignation... for the reason that I am old and unable to care for said estate, representing to the Court that I stand ready to settle my accounts and deliver up all of said estate which has come to my hands to the person whom this Court shall appoint to receive said property. I further represent that I am the widow of the deceased, and that it is my desire to, and I do hereby nominate and appoint my son, Albert M. Soza, to obtain the appointment of Administrator of the estate in my place and stand. Wherefore, it is prayed that this resignation be accepted by this Court and the undersigned and the surety on my bond be duly discharged upon settlement of said accounts and delivery of the property. Signed Jesus M. de Soza, Tucson, Az March 20, 1933 #3722 PETITION FOR LETTER OF ADMINISTRATRIX To The Honorable Fred W./ Fickett, Judge of the Superior Court of Pima County, State of Arizona. The petition of Albert M. Soza of said County shows: THat the Estate of Antonio C. Soza ... is now being probated in this Court being Case #3722; that Jesus M. de Soza, the widow of the deceased is now the duly qualified and acting administratrix ..., being appointed as such and has designated your petitioner as her nominee for Administrator of said estate. That your petitioner is the son of the deceased and one of the heirs-at-law. That the next of kin of said deceased, whom your petitioner believes, and therefore alleges to be the heirs- at- law of the deceased are as follows: 1. Antonio M. Soza -- Tucson, Az 2. Carlos Soza - Benson, Az 3. Ben M. Soza -- Tucson, Az 4. Juan Soza -- Wilmington,Ca 5. Henry Soza -- Tucson, Az 6. Albert M. Soza -- Tucson, Az 7. Frances Soza Doy -- Tucson, Az 8. Maria Soza Gonzales -- Tucson, Az 9. Rosaura Soza Vijil -- Tucson, Az 10. Mercedes Soza Apodaca -- Pomorene, Az 11. Fred Saenz -- Los Angeles, Ca 12. Mamie Saenz -- Los Angeles, Ca 13. Louisa Soza -- Benson, Az 14. Alicia Cota -- Benson, Az That the remainder of the estate as now exists consist of real property in Tucson, Pima County, Arizona, which is part of Lot 5 in Block 68 of the City of Tucson, Arizona, and is of the value of Five Thousand ($5,000.00) Dollars; that there is now a mortgage against the same of Two Thousand Five Hundred Dollars. That the probate of the estate has been pending for a long period of time and that the present administratrix is an elderly woman unfamiliar with business and is no longer fully capable of caring for the affairs of the estate properly and for this reason the same has been neglected and it will be for the best interest of the estate that your petitioner be appointed administrator .... Signed Albert M. Soza, Petitioner - Herbert F. Krucker Atty. March 31, 1933 #3722 BOND OF ALBERT M. SOZA GIVEN UPON QUALIFYING. American Bonding Company of Baltimore Approved March 31, 1933, Fred W. Fickett, Judge of the Superior Court. $1,500.00 Bond signed by L. Roca, Attorney-in-Fact March 31, 1933 #3722 ORDER APPOINTING ADMINISTRATOR The petition of Albert M. Soza praying for Letter of Administration .... It is by the Court adjudged and decreed that Antonio C. Soza died on June 13, 1915 in the County of Pima, State of Arizona; that at the time of his death he left estate in the County of Pima, Arizona. It is ordered that Letter of Administration of the Estate of Antonio C. Soza, Deceased issued to petitioner Albert M. Soza upon his taking the oath and filing a bond according to law, in the sum of Fifteen Hundred Dollars.... Signed Fred W. Fickett, Judge of the Superior Court. May 12, 1933 #3722 FINAL ACCOUNT OF JESUS M. DE SOZA AS ADMINISTRATRIX OF ESTATE To the Honorable Fred W. Fickett, Judge of the Superior Court, Pima County, State of Arizona The undersigned Administratrix of the estate of Antonio C. Soza, deceased, respectfully renders the following account ... 1. That the Letters of Administration were issued to her on November 25, 1925 2. That your Administratrix, on October 17, 1929, filed her account in this Court, which account covered the period up to and including the 1st day of October 1929, and that no hearing on that account and report has been held. 3. That your Administratrix has filed in this Court her resignation as such, and that at a hearing held March 31, 1933, Albert M. Soza was qualified and appointed Administrator of the said estate, subject the filing of the final account by your petitioner. 4. That this account covers the period from October 1, 1929 to April 1, 1933. That your petitioner has not transacted any business or acted in any way since the 31st day of March, 1933. 5. That ever since the 1st day of October, 1933, and prior to that time, your petitioner constituted and appointed the Tucson Realty & Trust Company, a corporation, her agent in making all collections and disbursements in the estate on property located at and situated in Pima County, State of Arizona and that the said Tucson Realty & Trust Company reported its disbursements, collections and transactions on monthly statements; that the said monthly statements have been audited by a Public Accountant, a true and correct copy of which is attached hereto and made a part of this account. 6. That your petitioners account is as follows: Balance of Cash- Tucson Realty & Trust Co. Oct 1, 1929 $1,007.07 Income by Tucson Realty Co. 10/1/29 to 4/1/1933 8,169.88 Income from Ranches in Cochise Co to 4/1/1933 577.50 Total $9,754.45 Balance due Admx from estate 10/1/29 $1,089.95 Total expense of estate to 4/1/33 $8,228.06 Total $9,318.01 Balance now due from Administratrix $ 436.44 7. That your petitioner has no funds in her hands at this time, but is indebted to the estate of Antonio C. Soza in the sum of $436.44 ..... Wherefore, your petitioner having fully accounted to the Court that a day be appointed for the hearing of this account and approval of the account dated October 1, 1929, and that at said hearing both accounts be allowed, approved and settled, and that your petitioner be discharged as Administratrix and be relieved from any further liability ... Signed Jesus M. de Soza May 12, 1933 #3722 ORDER APPOINTING DAY FOR SETTLEMENT OF ACCOUNTS .... It is ordered that Friday, May 26, 1933 at 9 AM of said day be and the same hereby appointed for settlement of accounts. Fred W. Fickett, Judge March 30, 1937 #3722 ORDER SETTING ASIDE ESTATE TO SURVIVING SPOUSE OF DECEASED. Petition by Albert M. Soza, Administrator praying for an order of this Court, setting aside the entire balance of said Deceased to his surviving widow, Jesus M. de Soza.... It is HEREBY ORDERED, ADJUDGED AND DECREED that the whole of the estate ... is hereby assigned, set over and transferred to Jesus M. de Soza ... said property being located in Cochise County ... to wit: E 1/2 of the E 1/2 of Section Thirty ; N 1/2 of Section of Section 30; E 1/2 of the SE 1/4; and SW 1/4 of SE 1/4 of Section Thirty two; (600 acres) All in Township Twelve South, Range Nineteen East, G & SR B & M. Also any interest on Lot Sixteen (16) Block Four (4) of Walker's Addition ... Benson, Az. It is further ordered ... the balance of personal property, to wit: The sum of $122.43 be distributed to Jesus M. De Soza. It
is ordered ... (Probate) be closed ... the administrator discharged.
Wm. G. Hall, Judge of the Superior Court." |
