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Probate #7491 Chronology132
Estate of Jesus Moreno de Soza
Died January 13, 1939

Probate #7491 Chronology

Estate of Jesus Moreno de Soza

Died January 13, 1939

"January 27, 1939 #7491 PETITION FOR PROBATE OF WILL

Antonio Soza, executor ... Estate consisting of real and personal property .... That the description and nature of ... personal and real property is unknown ... at this time.

January 27, 1939 #7491 LAST WILL AND TESTAMENT

Admitted to probate January 22, 1939

I, Jesus M. de Soza ... I give, devise and bequeath to Rosaura de Vijil, my daughter, Maria de Gonzales, my daughter, and Carlos Soza, Alberto Soza, Benito Soza, Enrique Soza, my sons, the sum of five dollars each.

... I give, devise and bequeath the residue of my estate to the following ... in the following amounts, to wit: Antonio Soza, Juan Soza, Francisca Soza, Mercedes S. de Apodaca, and my grandchild Luisa Soza one sixth each, and my grandch ildren Federico Saenz and Bersabe Saenz one twelfth interest each.

I nominate and appoint my son Antonio Soza as Executor .... Signed: Jesus M. de Soza August 2, 1935 at Tucson, Arizona

Witnesses: Richard D. Darrow and Odin B. Dodd

January 27, 1939 #7491 TESTIMONY OF APPLICANT ON PROBATE OF WILL Antonio Soza ... testifies as follows: ...

The real estate is of value of One Thousand Dollars ... does not exceed Two Thousand Dollars ....

That the deceased left a Will ... August 2, 1935, in the possession of Carlos G. Robles ... hereby presented to said Superior Court. Signed Antonio Soza

February 15, 1939 #7491 CLAIM

Claim for Three Hundred ($300.) Dollars filed ... by Leo Carrillo, Mgr. Tucson Mortuary, Tucson, Az. presented to Administrator of the Estate , J. Mercer Johnson, Superior Judge

February 20, 1939 #7491 CERTIFICATE OF PROOF OF WILL

I, William G. Hall Judge of the Superior Court of the County of Pima, do hereby certify: That on January 27, 1939, the annexed instrument was admitted to probate as the Last Will and Testament of Jesus M. de Soza .... Signed Gordon F arley Judge

February 20, 1939 #7491 ORDER ADMITTING WILL TO PROBATE

IT IS ORDERED, that the said Will be admitted to probate and that Letters Testamentary issue to Antonio Soza Gordon Farley, Judge.

February 20, 1939 #7491 LETTERS TESTAMENTARY

Antonio Soza is hereby appointed Executor, By order of the Court: .... Signed Antonio Soza, Witness Belle D. Hall and Grayce I. Gibson.

February 20, 1939 #7491 ORDER APPOINTING GUARDIAN AD LITEM

... that Marge Frances Doy is an heir-at law of Jesus M. Soza, Deceased, and a minor child of approximate age of five years, and that the said Marge Frances Doy has an interest and estate which needs care and protection.

... That R.C. Nicholson, Esq. be and is hereby appointed guardian ad litem of said minor, Marge Frances Doy. Signed Gordon Farley, Judge, and Signed R.C. Nicholson, Guardian ad litem

April 19, 1939 #7491 ORDER APPOINTING APPRAISERS, AND FOR PUBLICATION OF NOTICE TO CREDITORS

Letters Testamentary having been issued to Antonio Soza and application being made ... for the appointment of appraisers ....

It is ordered that O. Parker, Thomas Mungia and Ricardo Apodaca three disinterested persons, competent and capable to act, be, and they are appointed appraisers .... William D. Hall, Judge

June 3, 1939 #7491 OATH OF EXECUTOR OR ADMINISTRATOR

Antonio Soza, the executor ... says that the annexed inventory contains a true statement of all the estate of said deceased .... Signed Antonio Soza, Executor and Bernice Robles, Notary Public.

O. Parker, Thomas Mungia, and Ricardo Apodaca were named appraisers.

June 7, 1939 #7491 INVENTORY AND APPRAISEMENT, June 3, 1939

Cash none

Personal Property

1 Baling machine 50.00

Real Property (800 acres)

E 1/2 E 1/2 Section 30 400.00

160 acres

Lot 15 & 16 in Block 4 50.00
Walker Addition
Benson, Cochise County

State Lease - 5 years 100.00
SW 1/4 Section 32
T 12 S, R 19 E
Lease terminates 1/31/1944
160 acres

N 1/2 Section 32 4,000.00
T 12 S, R 19 E
320 acres

E 1/2 SE 1/4 Section 32 1,000.00
T 12 S, R 19 E
80 acres

SW 1/4 SE 1/4 Section 32 500.00
T 12 S, R 19 E
40 acres

NW 1/4 SE 1/4 Section 32 500.00
T 12 S R 19 E
40 acres

1 Promissory note -- 1,000.00

for the sum of $1,000.00 dated
December 3, 1935 payable three years after
said date to the order of Antonio Soza,
with interest at the rate of 8% per annum
signed and executed by Carlos Robles and
Herminia Robles and Robert L. Robles, secured
by a Realty Mortgage on Lot 14 in Block 3 of
South Park Addition to the City of Tucson,
County of Pima, State of Arizona

We the undersigned, duly appointed Appraisers of the
Estate of Jesus M. de Soza... appraised the same at
the sum of Seven Thousand Six Hundred Dollars. $7,600.00

Appraisers: Thomas Mungia (made his mark), Ricardo Apodaca

Witnesses: Witness to Thomas Mungia mark: Manuel Campas and Francisco Cortez, Notary Public: Bernice Robles

June 21, 1939 #7491 PETITION

To The Hon. William G. Hall, Judge

The petition of Antonio Soza respectfully shows as follows:

That on February 20, 1939, your petitioner was appointed executor ....

That on June 7, 1939, your petitioner filed herein the inventory ....

That on April 22, 1939, ... published Notice to Creditors and ... has received claims from divers parties including one from the Tucson Mortuary Company for the funeral expenses ....

June 21, 1939 #7491 ORDER

Antonio Soza, executor ... that it is necessary ... to order and buy an abstract of title to the property of the estate situated in Cochise County ....

That the title to the real estate ... is clouded with flaws and irregularities in the probate of other estates probated prior to the death of the above named deceased, and by claims of other parties interested in the above mentioned est ate. That it is essential and necessary to clear up the title to the said property be made for the purpose of distribution and probate of the above ... and for that purpose an abstract of title ... be ... bought, with an action to quiet title in the nam e of the above entitled estate .... Signed Antonio Soza, Executor

IT IS HERETOFORE, HEREBY ORDERED: That the said Antonio Soza be and is hereby authorized to order and purchase an abstract od title to the property of the above entitled estate situated in the County of Cochise, ... Signed William Hall, Judge

September 30, 1939 #7491 CREDITOR'S CLAIM

Gibbs & Gibbs presented claim to Antonio Soza, Executor of the Estate ... payment of Ten Dollars ($10.00) allowed and approved August 25, 1947. J. Mercer Johnson, Judge

March 13, 1940 #7491 FIRST ACCOUNT AND REPORT

To the Hon. William G. Hall, Judge ... Executor ... renders the following account, and report as follows: ... claims against said estate, claims were duly presented, allowed, approved and filed.

Tucson Mortuary for funeral expenses $ 300.00

Ricardo Apodaca, money loaned 100.00

Gibbs & Gibbs, Atty, for services 10.00

That the balance of money now in hands ... is the sum of $77.13, and the claims allowed aggregate the sum of $410.00; that the cost and expenses of administrating said estate, including attorney's fees.

March 13, 1940 #7491 ORDER APPOINTING DAY OF SETTLEMENT OF FIRST ACCOUNT AND REPORT

... It is order, that Monday, the 25th day of March, 1940 at 9:30 A.M. ... is appointed for the settlement of said account and report. Signed Gordon Farley, Judge

Schedule "A"
Receipts and Disbursements

DATE
ITEM
Princ
Interest
Total
Feb. 1939
Carlos Robles $1000.00 Loan
$15.00
6.66
21.66
Mar. 1939
Carlos Robles
15.00
6.54
21.57
Apr. 1939
Carlos Robles
15.00
6.46
21.46
May 1939
Carlos Robles
15.00
6.27
21.27
May 1939
Hope Jones, rent on 160 acres


1.00
Jun 1939
Bernardo Bidgain, rent on ranch


75.00
Jun
Carlos Robles
15.00
6.16
21.16
Jul 1939
Carlos Robles
15.00
5.07
21.07
Aug 1939
Carlos Robles
15.00
5.97
20.97
Sep 1939
Carlos Robles
15.00


Sep 1939
Hope Jones, rent on 160 acres


1.00
Oct 1939
Carlos Robles 1
5.00
5.77
20.77
Nov 1939
Carlos Robles
15.00
5.67
20.67
Dec 1939
Carlos Robles
15.00
5.57
20.56
Total Receipts



$309.04

Disbursements

Funeral - Church Services
31.66
State Land Dept. Rent on State Lease
15.40
Tucson Mortuary Company
65.00
Abstract Title Insurance- Cochise Property
93.00
Clerk of Court, copy of letter od Administration
.75
Tucson Daily Citizen, Notice of Probate Hearing/Will
12.50
Clerk of Court, filing fee
10.00
Southwest Veteran, Publish Notice to Creditors
3.00
Total Disbursements
231.91

... That the estate of Jesus M. de Soza consist mostly of real estate situated in Cochise County ... that at all times since the year 1932, the said real estate in the county of Cochise was listed and recorded in the name of Jesus M. Soza, deceased , and the said deceased paid the taxes thereon or claimed widow's exemption thereon until the time of her death; that your petitioner has discovered from the abstract of title purchased pursuant to the order of this Court that the title to the said real estate is in the name of Mercedes Soza Apodaca, ... a daughter ... ; it further appears from the abstract of title that the said deed to Mercedes Soza Apodaca was dated May 20, 1932 but was not recorded until and after the death of said Jesus M. de Soza, which day of recordation being September 6, 1939.

Your petitioner further alleges that he has been informed and believes and upon information and belief alleges that the said deed is null and void and of no force and effect, and that it will be necessary to institute legal proceedings in the County of Cochise to quiet the title to the said real estate.

March 25, 1940 #7491 DECREE OF SETTLEMENT OF ACCOUNT

... IT IS HEREBY ORDERED, adjudged and decreed that the First account of said executor, be and the same is hereby allowed and approved and settled.

November 19, 1946 #7491 PETITION FOR ORDER AUTHORIZING SALE AND ASSIGNMENT OF PERSONAL PROPERTY.

... That the estate of Jesus M. de Soza is the owner of and holds a Lease No. 20079-s dated February 1, 1944, on the SW 1/4 of Section 32, Township 12 South of Range 19 East of the G & SR B&M Cochise County, Arizona, being approximately 160 acres; that said term is for a period of ten years; and by terms of the lease, the lease is not assignable without the e consent of the State Land Commissioner. THat the estate has no use for said land ... that said lease be sold and assigned .... that the estate has been offered the sum of $500.00 and Executor' belief alleges that the sum of $500.00 is a fair and just price .... That ... sale of said lease should be made at a private sale without notice.

November 19, 1946 #7491 ORDER TO SHOW CAUSE

Appear ... on December 2, 1946 and show cause, ... why the sale of that certain lease of SW 1/4 of Section 32, Township 12 South of Range 19 East of the G. & S.R. B. & M, Cochise County, Az., being approximately 160 acres should not be made and granted.

December 2, 1946 #7491 ORDER AUTHORIZING ADMINISTRATOR TO SELL PERSONAL PROPERTY AT PRIVATE SALE AND WITHOUT NOTICE

... IT IS, THEREFORE, ORDERED AND DECREED: That said Antonio Soza, ... be and is hereby ordered and authorized to sell the lease on the property herein above described for the sum of $500.00 without notice and at a private sale; .....

December 13, 1946 #7491 ORDER TO SHOW CAUSE

It is therefore, Hereby ordered and Decreed that all persons interested appear before this Court... December 30, 1946 at 9:30 A.M. and show cause, if any they have, why return of sale of that certain lease on the SW 1/4 of Section 32, Township 12 South of Range 19 East of the G & SR B & M, Cochise County, Arizona, being approximately 160 acres, to Hope Iselin Jones should not be approved and confirmed. Done in Open Court this 13th day of December, 1946.

December 13, 1946 #7491 RETURN OF SALE OF LEASE

... This Court authorized and ordered your petitioner to sell that certain lease on the SW 1/4 of Section 32, Township 12 South of Range 19 East of the G & SR B & M, Cochise County, Arizona being approximately 160 acres, without notice and at a private sale. That your petitioner has sold said lease to Hope Iselin Jones for the sum of Five Hundred Dollars, ($500.00), cash;

December 23, 1946 #7491 ORDER TO SHOW CAUSE

It is therefore, Hereby Ordered and Decreed:

That all person interested appear before this court ... and show cause ... why the return of sale of that certain lease on the SW 1/4 of Section 32, Township 12 South of Range 19 East of the

G & SR B&M, Cochise County, Arizona being approximately 160 acres, to Hope Iselin Jones should not be approved and confirmed.

December 30, 1946 #7491 ORDER CONFIRMING SALE OF LEASE

Antonio Soza, executor of the Last Will and Testament of Jesus M. de Soza, deceased, having made to this court, and filed in the Office of the Clerk thereof, his return of sale of that certain lease from the State of Arizona to Antonio Soza, as executor of the estate of Jesus M. de Soza, deceased, on the Southwest Quarter (SW 1/4) of Section 32, Township 12 South od Range 19 East of the G & SR B & M, Cochise County, Arizona; ....

That at such sale (to) Hope Iselin Jones for ... $500.00; and that she was the highest and best bidder and that the sum of $500.00 is a fair and reasonable price for the said lease ....

August 26, 1947 #7491 CREDITOR'S CLAIM

To Antonio Soza, Executor from the Estate of Jesus M. Soza ... For money loaned and evidenced by a promissory noted dated August 9, 1938 ... (loan by Ricardo Apodaca) the sum of One Hundred ($100.00) Dollars.

September 9, 1947 #7491 AMENDED DECREE, DISTRIBUTION OF ESTATE ... Antonio Soza, Executor ... having filed on July 17, 1947 ... his petition, setting forth ... that last accounts have been finally settled, and that said estate is in a condition to be closed, and that a portion of said estate remains to be divided among the devisee ... to be heard on August 25, 1947.

That the said Jesus M. de Soza died testate and by the terms of her Last Will and Testament, the following named persons were each given and devised the sum of Five Dollars ($5.00):

Rosaura de Vijil, Maria de Gonzales, Carlos Soza, Alberto Soza, Benito Soza, Enrique Soza; and that residue of the estate ... was given and devised as follows: Antonio Soza, Juan Soza, Francisca Soza, Mercedes S. de Apodaca, Luisa Soza, one sixth (1/6th) interest each in and to the residue of said estate; to Federico Saenz and to Bersabe Saenz one twelfth (1/12th) interest to each.

It is hereby adjudged and decreed ... distributed as follows:

Rosaura de Vijil $5.00, Maria de Gonzales $5.00
Carlos Soza $5.00, Alberto Soza $5.00,
Benito Soza $5.00, Enrique Soza $5.00.
Antonio Soza $153.00 and 1/6th interest in real property
Juan Soza $153.00 and 1/6th interest in real property
Francisca Soza $153.00 and 1/6th interest in real property
Mercedes S. de Apodaca $153.00 and 1/6th interest in real property
Luisa Soza $153.00 and 1/6th interest in real property
Federico Saenz $76.00 and 1/12th interest in real property
Bersabe Saenz $76.00 and 1/12th interest in real property

The following is a particular description of the said estate referred in this decree which distribution is ordered, adjudged, and decreed ...

Lots 15 and 16 in Block 4 of the Walker Addition to the Town of Benson, Cochise County, Arizona

July 17, 1947 #7491 NOTICE OF SETTLEMENT OF FINAL ACCOUNT AND THE HEARING OF PETITION FOR FINAL DISTRIBUTION

Hearing set for Monday, August 25, 1947

July 17, 1947 #7491 PETITION FOR DISTRIBUTION OF ESTATE

The petition of Antonio Soza, ... and thereby entered upon the administration of said estate....

That on June 7, 1939, your petitioner made and returned to this court a true inventory and appraisement of all the estate ....

That on April 22, 1939, your petitioner duly published notice to creditors....

That more than twelve (12) months have elapsed since the appointment of your petitioner as such executor and more than twelve months more have expired since the first publication of said notice to creditors;

That together with this petitio, your petitioner has filed his Last Account and Report; ....

4. That the balance of money now in hand... is the sum of $1,025.24.... Signed Antonio Soza, June 23, 1947

July 17, 1947 #7491 LAST ACCOUNT AND REPORT

To the Hon. J. Mercer Johnson, Judge ....

3. That within the time limited in said notice for the presentation of claims against said estate, no claims were duly presented, but the following cash was received, and the following expenses were paid:

Cash Collected:

Principal on Carlos Robles note $1,000.00
Interest on said note from 1/1/1939 to 6/1/1943 215.71
Sale of Hy-Press 50.00
Rent of Ranch in Cochise County` 300.00
Sale of Grazing Lease 500.00

TOTAL CASH COLLECTED $2,065.71

Disbursements:
Funeral expenses $ 300.00
Funeral Church Services 31.65
Court Cost 26.25
Administrator's fee/Antonio Soza 75.00
Money order expenses .22
Certified copies/Letters Testamentary 1.25
State/County taxes paid on lots/Cochise County 30.00
Advance to M. Apodaca for signature of quit-claim deed to quiet title 10.00
Registration of letter to Mr. M.M. Apodaca .17
Abstract of title to property in Cochise County 93.00
Rent paid to State of Arizona on grazing lease 31.72
Paid to D.M. Penny, as attorney fee for collection of note from Carlos Robles
Paid to Ricardo Apodaca principal on promissory note 100.00
Paid to Ricardo Apodaca/interest on $100.00 note 45.00
Expenses in sale of grazing lease 15.00
Paid to B.H. Gibbs, Esq. for services rendered 10.00
Paid to Carlos G. Robles, as attorney's fee 250.00

TOTAL AMOUNT OF DISBURSEMENTS $1,040.47

BALANCE IN HANDS OF ADMINISTRATOR $1,025.24

August 25, 1947 #7491 DECREE OF DISTRIBUTION OF ESTATE

Antonio Soza Executor on July 17, 1947 filed his petition that last accounts have been finally settled, and ... estate is in a condition to be closed ....

August 26, 1947 #7491 CREDITOR'S CLAIM

Gibbs & Gibbs creditor of Jesus M. de Soza ...

"September 27, 1939 To securing state land grazing lease 20079a for the SW 1/4 Sec. 32, T. 12 S., R. 19 E. 160 acres, to expire with January 31, 1944. Ten ($10.00) Dollars.

August 26, 1947 #7491 DECREE OF SETTLEMENT OF ACCOUNT

The Last account of Antonio Soza, the executor of the Estate of Jesus M. de Soza ... heretofore rendered and presented...no objections being filed ....

It is hereby ordered Adjudged and Decreed ... is hereby allowed and approved and settled. Dated August 25, 1947
J. Mercer Johnson, Judge.

Distribution as previously stipulated....Amended Distribution dated September 9, 1947. Cash in the sum of $950.24

September 12, 1947 #7491 CREDITOR'S CLAIM
Creditor of Jesus M. Soza filed by Tucson Mortuary - $300.00.
Payment was allowed and approved August 25, 1947"

Return to: The Probate Estate of Jesus Moreno de Soza

 

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