T H E  W H I T M I R E  M A N U S C R I P T   Page

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Martha Harriet Whitmire, daughter of Jesse Whitmire and Nancy Durden Whitmire, was born in 1829 in Mississippi.  She was married about 1845 proba­bly in Jasper County, Texas to John N. Fish, son of Joseph Martin Fish and Nancy "Ann" Dyches Fish, who was born in 1823 in Louisiana.

 

"John Fish" appeared as a juror along with Joseph Martin Fish on the jury lists of Newton County dated July 12, 1847 and January 24, 1848.  He was enu­merated October 27, 1850 in the federal census of Newton County as the head of House­hold 101-101 composed of:

 

        "Fish, John                   27, born in Louisiana, farmer, $400 real

                                                     estate

                  Martha                21, born in Mississippi

                  Lettie                    4, born in Texas

                  Nancy Mary A.     2, born in Texas"

 

In March 1851 he appeared in Trinity County, Texas.  It is reported that he re­mained on his father's land in Jasper County when the family removed to central Texas.  

 

He paid taxes in Williamson County in 1860 on land in the Joseph Fish Survey val­ued at $200.  He paid taxes there again in 1861 and 1865.  In 1866 he paid taxes on "1 horse."

 

John N. Fish enlisted as private in Confederate service in August 1861 and served in Williamson in a company commanded by Capt. R. C. Hart.  On August 7, 1863 at age 45 he reenlisted for six months in Willow Springs, Texas in Bell County as a sec­ond corporal in Company A, Second Texas Regiment commanded by Brig. Gen. H. P. Hale.  It was noted in company records that his horse was val­ued at $175, his equip­ment at $20 and his arms at $50.

 

He reenlisted January 28, 1864 as a private in Company B, First Frontier Dis­trict com­manded by Capt. J. M. Hawks.  He served 30 days in Wise County, Texas on the fron­tier.  On March 16, 1864 he was a private in Company C, Texas State Troops, William­son County under Capt. A. J. Berry.  His unit had been "detailed to take care of in­di­gent fami­lies by Gov. [Pendleton] Murrah."  

 

In December 1865 he lived in Milam County, Texas.  "John Fish of Jasper County, Tex­as" deeded "177 acres on Bear Creek, 14 miles northwest of Burkeville in New­ton Coun­ty, patented to Joseph Fish Febru­ary 15, 1855" to W. H. Truett October 9, 1869 for $20, according to Newton County Deed Book K, page 189.

 

He appeared as the head of Household No. 906 in the 1870 census of Milam County com-posed of:

 

        "Fish, John N.          50, born in Louisiana

                  Martha            40, born in Mississippi

                  Bettie             15, born in Texas

                  Isaac              13, born in Texas

                 Hesekiah          9, born in Texas

                 Leroy               8, born in Texas

                 Bell                 5, born in Texas"

 

A tax foreclosure was filed against John N. Fish for unpaid taxes of $4.11 on 151 acres in the Hobson Survey September 4, 1876, according to Milam County Deed Book 16, pages 82 and 333.  "John E. Fish of Williamson County," pos­sibly, deeded 112.75 acres in Pedro Zarza Survey to James M. Williams and Sara Ann Williams for $845.62 June 20, 1882, according to Williamson County Deed Book 29, page 79.

 

"Uncle Johnny Fish died close to Newton [Texas]," according to a letter written in 1941 by Judge Charles Augustus Lord.

 

It is suggested by Patricia Ann "Patty" Bennett McGinty that Martha Harriet Whitmire Fish died about 1878 and that John N. Fish was remarried about 1879, wife's name Mary.  She cites a household in the 1880 census of San Jacinto County as possibly being the widow and son of John N. Fish who must have died shortly after his remarriage:

 

         "Fish, Mary     25, widow, dumb, illiterate

                   John         1, diseased"

 

This household adjoined the household of Jesse Whitmire.  Verna Mae Smith Bennett, a descendant of Mexia, Texas wrote June 19, 1983:

 

"There may be one other half-brother.  We think John N. Fish was married a second time to Martha Harriet's deaf-and-dumb sister, and a little boy was born to them before John died.  Her people [Whitmires] were supposed to have come and got her and the baby.  My grandmother never heard from them again, but my grand­mother named one of her children after her step-mother, Pearlee."  This all came from my Aunt Lavanda French."

 

Children born to John N. Fish and Martha Harriet Whitmire Fish in-clude:

 

        Letta "Lettie" Fish             born in 1846

        Nancy Mary Ann Fish       born in 1848

        Elias F. Fish                      born March 10, 1851

        Elizabeth "Betty" Fish      born in 1855

        Isaac Franklin Fish           born September 4, 1856

        Hezekiah Carr Fish          born March 4, 1860

        Leroy Fish                        born in 1862

        Riddy Belle Fish              born December 4, 1865

 

Letta "Lettie" Fish, daughter of John N. Fish and Martha Har­riet Whitmire Fish, was born in 1846, probably in Jasper County.  She was married October 20, 1865 to Henry C. Paul, according to Williamson County Marriage Book 2, page 189.  They were enumerated in the 1870 census of Milam County in the household of her brother Elias F. Fish.  They ap­peared in the 1880 census of Milam County, Enumeration District 103, page 22 as Household No. 178 with chil­dren: Louisa Paul, Margaret E. Paul, Martha M. Paul, Charles M. Paul and Samuel R. Paul. "Bellfority Fish, sister, 18" also appeared in the household.

 

Children born to Henry C. Paul and Letta "Lettie" Fish Paul in­clude:

 

        Louisa Paul                        born about 1867

        Margaret E. Paul                born about 1868

        Martha M. Paul                  born about 1871

        Charles M. Paul                 born about 1874

        Samuel R. Paul                  born about 1877

 

Nancy Mary Ann Fish, daughter of John N. Fish and Martha Har­riet Whitmire Fish, was born in 1848, probably in Jasper County.  She was married May 31, 1866 in Williamson County to John Wesley Kile, who was born June 5, 1844 in Washington Parish, Louisiana.  He was a brother to Jacob Kyle who was married December 6, 1860 to Nancy Fish and a brother to George Kile.  They were sons of Mary "Polly" Dyches Kyle.

 

John Wesley Kile was enumerated as the head of a household in the 1880 cen­sus of Williamson County, Enumeration District 5, page 10:

 

        "Kyle, John       35, born in Louisiana, father born in Germany,

                                        mother born in Louisiana

                   Nancy    34, born in Texas, father born in Louisiana, mother

                                        born in Mississippi

                   Matilda  13, born in Texas, father born in Louisiana, mother

                                        born in Mississippi

                   Mary     10, born in Texas, father born in Louisiana, mother

                                       born in Mississippi

                  John        8, born in Texas, father born in Louisiana, mother

                                      born in Mississippi

                  Joseph    6, born in Texas, father born in Louisiana, mother

                                     born in Mississippi

                 James     4, born in Texas, father born in Louisiana, mother

                                    born in Mississippi

                 Elias     2, born in Texas, father born in Louisiana, mother

                                   born in Mississippi."

 

Nancy Mary Ann Fish Kile died in 1881 in Williamson County.  John Wes­ley Kile was remarried to Fanny Westbrook November 28, 1882.  He was mar­ried for the third time to Elizabeth Jane Bass October 19, 1890.  In 1897 they removed to Cole­man County, Texas.  He died there in Precinct 3 of cardiac hyper­trophy February 21, 1930, a widower at age 85, and was buried at Santa Anna, Texas, ac­cording to Tex­as VBS File 6958.  L. A. Kile, Coleman, Texas, was the in­formant.

 

Children born to John Wesley Kile and Nancy Mary Ann Fish Kile in­clude:

 

        Matilda Arizona Kile      born December 27, 1867

        Mary Kile                         born about 1870

        John Houston Kile           born about 1872

        Joseph Kile                       born November 9, 1874

        James Franklin Kile          born March 9, 1877

        Elias Jacob Kyle                born March 4, 1880

                                    

Matilda Arizona Kile daughter of John Wesley Kile and Nancy Mary Ann Fish Kile was born December 27, 1867 in Taylor, Texas.  She was married November 2, 1882 to Alexander Smith.  She was remarried De­cember 6, 1893 in Bell County to her step-brother, Samuel Houston Duggins.  She died June 5, 1948.

 

Mary Kile, daughter of John Wesley Kile and Nancy Mary Ann Fish Kile, was born about 1870 in Williamson County.  She was married Febru­ary 16, 1890 in Williamson County to Owen Dooley, according to Patricia Ann "Patty" Ben­nett McGinty.

 

John Houston Kile, son of John Wesley Kile and Nancy Mary Ann Fish Kile, was born about 1872 in Williamson County.

 

Joseph Kile, son of John Wesley Kile and Nancy Mary Ann Fish Kile, was born November 9, 1874 in Williamson County.  He was married about 1897 to Della Slack.  He died August 16, 1907.

 

James Franklin Kile, son of John Wesley Kile and Nancy Mary Ann Fish Kile, was born March 9, 1877 in Williamson County.  He was mar­ried about 1900 to Mattie Calhoun.  He died March 26, 1951.

 

Elias Jacob Kyle, son of John Wesley Kile and Nancy Mary Ann Fish Kile, was born March 4, 1880 in Williamson County.  He was married January 6, 1909 in Billings, Montana to Susan Rosa Sauber, daughter of Nicholas Sau­ber and Catherine Wagner Sauber, who was born June 14, 1883 in Lake­ville, Minnesota.  He died March 31, 1945 in Los Angeles, Cali­fornia and was bur­ied at Bakersfield.  She died January 1, 1980 and was buried beside her hus­band.

 

Children born to Elias Jacob Kyle and Susan Rosa Sauber Kyle, in-clude:

 

        Norman Elias Kyle             born August 8, 1917

        Raymond Kyle                    born May 5, 1919

 

Norman Elias Kyle, son of Elias Jacob Kyle and Susan Rosa Sauber Kyle, was born August 8, 1917 at Billings.  He was married April 8, 1944 at Reno, Nevada to Virginia Marion Nay, daughter of Glenn Okie Nay and Gertrude Edna Harris Nay.  In 1945 they lived in Bak­ersfield, Califor­nia.

 

Children born to Norman Elias Kyle and Virginia Marion Nay Kyle in-clude:

 

        Cheryl Ann Kyle                 born March 17, 1945

        Richard Norman Kyle        born February 25, 1950

 

Cheryl Ann Kyle, daughter of Norman Elias Kyle and Virginia Marion Nay Kyle, was born March 17, 1945 in Bakersfield.  She was mar­ried there Oc-tober 5, 1968 to Noel Foy Smith.

 

Richard Norman Kyle, son of Norman Elias Kyle and Virginia Mar­ion Nay Kyle, was born February 25, 1950 in Bakersfield.  In 1968 he lived in Ventura, California.  He, an engineer, was married in Los Angeles July 6, 1974 to Mar­cia Jeanne Stickler who was born December 15, 1947 in Ox­nard, Cali­fornia. In 1976 they lived in Sierra Madre, California and in 1979 in Sacramento.  They were di­vorced in 1986 in Kennewick, Washington.  He was remarried June 26, 1987 to Mrs. Marlayne Elizabeth Perry Mineard.

 

Richard Norman Kyle, an accomplished genealogist, has made a detailed study of the Fish, Kyle and Whitmire families.  It is through his courtesy that the account of the descendants of John Wesley Kile and Nancy Mary Ann Fish Kile appears in this manuscript.

 

Children born to Richard Norman Kyle and Marcia Jeanne Stickler Kyle include:

 

        Laura Marie Kyle               born May 29, 1968

        Michelle Therese Kyle       born July 21, 1971

        Wendy Jeanne Kyle            born December 15, 1976

        David Glenn Kyle               born April 5, 1979

 

Raymond Kyle, son of Elias Jacob Kyle and Susan Rosa Sauber Kyle, was born May 5, 1919 at Absorkie, Montana.  He was married Decem­ber 27, 1949 to Betty Lewis.

 

Elias F. Fish, son of John N. Fish and Martha Harriet Whit­mire Fish, was born March 10, 1851 in Trinity County, Texas.  He was married in 1870 to his cousin Electra Jane Lev­ica Bingham who was born March 18, 1851 in Mi­lam County.  She was the daughter of James S. Bingham and Lav­ica Ann Dy­ches Bing­ham. 

 

He appeared as the head of a household in the 1870 census of Milam County,  page 125.  Included in his household, No. 905, was the family of a sister:

 

        Fish, Elias      19, born in Texas

                 Jane        19, born in Texas

        Poll, Henry     25, born in Georgia

                 Letta       23, born in Texas, sister

                 Louisa      3, born in Texas

                Margaret   2, born in Texas"

 

Elias F. Fish appeared as the head of a household in the 1880 census of Mi­lam County, Enumer­ation District 103, page 22, precinct 4.  The family, No. 175, was lo­cated near the family of Henry C. Paul, No. 178, and recorded as:

 

        "Fish, Elias      29, farmer, born in Texas, father born in Texas,

                                       mother born in Texas

                  Jane       29, wife, born in Texas, father born in Texas

                  Letta      10, daughter, born in Texas, father born in Texas,

                                       mother born in Texas

                 Malcolm  7, son, born in Texas, father born in Texas, mother

                                      born in Texas

                 Samuel    5, son, born in Texas, father born in Texas, mother

                                      born in Texas"

 

On August 20, 1881  he purchased a 100-acre tract in the Gravis League in Williamson County, according to Williamson County Deed Book 48, page 171.

 

He reappeared as the head of a household in the 1900 census of Kimble County, Texas Enumeration Dis­trict 45, page 2, Precinct 1:

 

        "Fish, E. F.                        49, born March 1851 in Texas

                  Lester [Electra] J.   49, born March 1851 in Texas, wife

                  William M.             24, born September 1875 in Texas, son

                  Sam H.                    22, born January 1878 in Texas, son

                 John M.                    16, born August 1883 in Texas, son

                 Rosa L.                     14, born October 1885 in Texas,

                                                         daughter

                 James R.                   11, born October 1888 in Texas, son

                 Louis E.                     6, born July 1893 in Texas, son"

 

He died of pneumonia March 15, 1937, according to Kimble County Death Book 4, page 10, and was buried at Junction, Texas.  Excerpts from his obituary read:

 

"E. F. Fish was born in Trinity County March 10, 1851, being 86 years and 5 days old at the time of his death.  He was only nine years old when the Civil War broke out, and being the eldest son, the burden of caring for the family fell upon his young shoulders as his father was called into service.  He re­membered vividly many Indian raids and as a youngster en­dured many hardships.

 

In 1870 he was married to Jane Bingham of Milam County.  Soon after mar­riage the couple moved to Williamson County where a family of 13 children were born.  The mother and six of the children predeceded him in death.  The family moved to Kim­ble County in 1900 where he was a rancher.  About the time of the World War they moved to Junction.  Mrs. Fish died in 1928.

 

The surviving children are Loie, Manuel, Sam, Malcolm, Mrs. Lettie Smith, Mrs. Frank Smith and Mrs. Ancel Wallace.  One brother Carr Fish of Ft. McKavett, 22 grandchildren, and 19 great grandchildren also survive."

 

Thirteen children born to Elias F. Fish and Electra Jane Levica Bing­ham Fish in­clude:

 

        Letta Ann Fish                    born in 1871

        William Malcolm Fish      born in September 1873

        Samuel Houston Fish        born in January 1875

        Ada Angeline Fish             born in 1881

        John Emanuel Fish            born in August 1883

        Rosa L. Fish                       born in October 1885

        James Riley Fish                born in October 1888

        Louis Elias Fish                 born in July 1893

 

Letta Ann Fish, daughter of Elias F. Fish and Electra Jane Lev­ica Bingham Fish, was born in 1871 in Williamson County.  She was mar­ried about 1890 to Lue Smith at Junction.

 

William Malcolm Fish, son of Elias F. Fish and Electra Jane Levica Bingham Fish, was born in September 1873 in Williamson County.  He died in Junction August 6, 1969.

 

Samuel Houston Fish, son of Elias F. Fish and Electra Jane Lev­ica Bingham Fish, was born in January 1875 in Williamson County.  He was married November 20, 1891 to Lea Crisp, according to Patricia Ann "Patty" Ben­nett McGinty.  Children born to Samuel Houston Fish and Lea Crisp Fish are unknown.

 

Ada Angeline Fish, daughter of Elias F. Fish and Electra Jane Lev­ica Bingham Fish was born in 1881.  She was married December 12, 1897 to Frank G. Smith at Junction.

 

John Emanuel Fish, son of Elias F. Fish and Electra Jane Lev­ica Bingham Fish, was born in August 1883.  He was married August 11, 1907 to Tassie "Travis" Pierce.  He died February 19, 1943 at Junction.  Chil­dren born to John Emanuel Fish and Tassie "Travis" Pierce Fish are un­known.

 

Rosa L. Fish, daughter of Elias F. Fish and Electra Jane Lev­ica Bingham Fish, was born in October 1885.  She appeared as a 14-year-old in the 1900 census of her father's household.  She was married December 25, 1905 to An­cil Wallace.

 

James Riley Fish, son of Elias F. Fish and Electra Jane Lev­ica Bing­ham Fish, was born in October 1888.  He was married about 1912, wife's name Ruby.  He died in Kimble County December 20, 1928, according to Texas BVS File 54335.  Children born to James Riley Fish and Ruby Fish are un­known.

 

Louis Elias Fish, son of Elias F. Fish and Electra Jane Lev­ica Bing­ham Fish, was born in July 1893 at Georgetown.  Among his children was a son:

 

          Laport Vestibule Fish      born about 1918

 

Laport Vestibule Fish, son of Louis Elias Fish, was born about 1918.  He died in 1984, according to Billy Don Whitmire who reported that he was a "cousin to Oma Fish who married Prince Murphy."

 

Betty Fish, daughter of John N. Fish and Martha Harriet Whit­mire Fish, was born in 1855.  She was married April 24, 1879 in Trinity County, Texas to Samuel R. Crawford.  She died in the following year in Milam Coun­ty.

 

Isaac Franklin Fish, son of John N. Fish and Martha Harriet Whit­mire Fish, was born September 4, 1856.  He was married August 8, 1880 to Su­san Ann Osteen High.  Williamson County marriage records show the bride as "S. A. High."  Charles Augustus Lord re­ferred to her as "Mrs. Ann Hye."  She was the daughter of Washington Osteen and Piercy Cotton McArthur Os­teen and a sister to Martha Ann "Mattie" Osteen who was married to El­bert V. "Ebb" Whitmire.  Dora Ann Osteen, granddaughter of Washing­ton Osteen and daughter of William P. Osteen and Min­erva Osteen, was married to Hezekiah Carr Fish.

 

They sold property to his cousin Asa C. "Ace" Whitmire August 17, 1885, ac­cording to Williamson County Deed Book 37, page 575.

 

She died March 3, 1933 in Menard County, Texas, and he died there of pneumonia May 7, 1935 at age 78 at Ft. McKavett, Texas after 20 months residence there.  They were buried in Ft. McKavett Cemetery.

 

Children born to Isaac Franklin Fish and Susan Ann Osteen High Fish include:

 

        John W. Fish                  born in 1884

        Lillie M. Fish                 born in 1889

        Montie Ray Fish            born about 1890

        Learcy L. Fish                born in 1892

        Dona Fish                       born about 1894

        Pearcie Fish                    born about 1897

         (daughter)                      born about 1900

 

John W. Fish, son of Isaac Franklin Fish and Susan Ann Osteen High Fish, was born in 1884.  He was married in 1908 to Orpha F. Toby, according to Patricia Ann "Patty" Bennett McGinty.  He was the infor­mant for his father's death certificate in 1935.  Children born to John W. Fish and Orpha F. Toby Fish are unknown.

 

Lillie M. Fish, daughter of Isaac Franklin Fish and Susan Ann Os­teen High Fish, was born in 1889.  She was married about 1908 to Alden Gar­rett.

 

Montie Ray Fish, daughter of Isaac Franklin Fish and Susan Ann Os­teen High Fish, was born about 1890.  She was married January 11, 1910 in Menard County to W. J. Warren.

 

Learcy L. Fish, daughter of Isaac Franklin Fish and Susan Ann Os­teen High Fish, was born in 1892.

 

Dona Fish, daughter of Isaac Franklin Fish and Susan Ann Os­teen High Fish, was born about 1894.  She was married about 1913 to Jim Ben­ton.

 

Pearcie Fish, daughter of Isaac Franklin Fish and Susan Ann Os­teen High Fish, was born about 1897.

 

A daughter, was born about 1900 to Isaac Franklin Fish and Su­san Ann Osteen High Fish.  It is assumed that she died in infancy.

 

Hezekiah Carr Fish, son of John N. Fish and Martha Harriet Whitmire Fish, was born March 4, 1860.  "K. F. 'Carr' Fish" was married June 27, 1880 to Dora Ann Osteen, according to Williamson County Mar­riage Book 5, page 95.

 

It is possible that he was enumerated as "Charles Fish" and she as "Della Fish" in the 1900 census of Williamson County, Enumeration District 126, page 9, precinct 3. The listing appeared as:

 

         "Fish, Charles            39, born January 1860 in Texas

                     Della              34, born September 1865 in Texas, wife

       Osteen, William          31, born March 1869 in Texas, brother-in-

                                                   law"

 

In 1937 they lived at Ft. McKavett, Texas.  He, a widower, lived at Brady, Texas May 23, 1947.  Chil­dren born to Hezekiah Carr Fish and Dora Ann Osteen Fish are unknown.

 

Leroy Fish, son of John N. Fish and Martha Harriet Whitmire Fish, was born in December 1862.  He was married June 27, 1880 to Lu­cinda Barker Spires, according to Williamson County Marriage Book 5, page 396.  He died before 1900 leaving one child.

 

Children born to Leroy Fish and Lucinda Barker Spires Fish in­clude:

 

        Annie Lee Fish                  born in July 1884

 

Riddy Belle Fish, daughter of John N. Fish and Martha Harriet Whit-mire Fish, was born December 4, 1865 in Milam County, Texas.  Accord­ing to Milam County Marriage Book 2, page 445 she was married May 5, 1881 to Wiley B. D. Smith, son of William Richard Smith and Nancy McLeod Smith, who was born May 10, 1861 in Milam County.  He died at Cole­man, Texas July 27, 1933, and she died there of cancer October 5, 1933.  She was buried in Cleveland Cem­etery, according to Coleman County Death Book 3, page 57.

 

Children born to Wiley B. D. Smith and Riddy Belle Fish Smith in­clude:

 

        Lavanda Smith                            born July 14, 1882

        William Henry Smith                 born July 26, 1884

        Benjamin Franklin Smith           born January 9, 1886

        Elder Smith                                 born April 28, 1888

        Pearlee Smith                              born in 1890

        Lee Wiley Smith                         born June 4, 1892

        Burt Doublehead Smith             born in 1894

        Leatha Smith                               born in May 1897

        Levie Lonnie Lawrence Smith   born October 12, 1899

        Felix Monroe Smith                   born January 4, 1901

        Belle Smith                                 born October 12, 1905

        Arthur Smith                               born March 3, 1907

                                             ==O==

By Patti McGintyM

 

Wiley Bunt Dennim, the son of William Richard

and Nancy Ann ~cLoud Smith, was born the 10th May 1861 at Rockdale,

Milam County, Texas. There on the 5th May 18~1 he married Riddy Belle

Fish, the daughter of John H. and Martha Whitmire Fish. Riddy was born

the 4th December 1865 in Milam ~ounty, Texas, and died the 5th October

1933 Coleman, Coleman County, Texas. Wiley died the 27th July 1933

Coleman, Coleman County, Texas. They were both buried in the Cleveland

Cemetery, Coleman County.

 

Wiley brought his family to Coleman County around the turn of the

century to join his uncle Henry Smith's family. The Coleman County Tax

Record 1øJO1 showed Henry owned 210 acres of land valued at $840.00

while Wiley owned one tract of 145 acres valued at $440.00 and one

tract of 147 1/10 acres valued at $510.00.

 

* * * * * * * r * ~. *      *

 

THE STATE OF TEXAS          )          IN THE COUNTY COURT,

COUNTY OF COLEMAN           )          COLEMAN COUNTY, TEXAS.

 

TO THE HONORABLE A. O. NEWMAN, JUDGE OF SAID COURT:-

 

Now comes L. W. Smith who resides in Coleman County, Texas,

and applying to the Court for Letters of Administration upon the

estate of Mrs. Belle Smith, deceased, in support thereof represents to

the Court as f~llows:

 

1. That the said Mrs. Belle Smith1 wi~ow of l~. ~. Smith

decd, died intestate in Coleman County, Texas, on October 5, 1933, and

that said decedent was at the time of her death a resident of Coleman

County, Texas~ and left an estate situated in Coleman County, Texas,

consisting of both real and personal property of the probable and

estimated value of $5000.00.

 

2. That the said Mrs. Belle Smith left a will hereto

attached marked "Exhibit A", here referred to and made a part hereof,

which will is void as same was not subscribed by any witness and that

except for said void will said Mrs. Relle Smith left no will or

testament.

 

3. That a necessity exists for an administration upon

said estate by reason of the fact that the said Mrs. Belle Smith had

money on deposit with the United States Postal Savings Bank as

represented by certificate No. 244 issued by the Coleman Post Office,

and that in order to collect the said deposit for the heirs of said

estate the United States Government requires that Letters of

Administration be taken out upon said estate.

 

4. That your applicant is a son of the said Mrs. Belle

Smith, deceased, and she was not survived by her husband, and your

applicant is not disqualified but is a proper person to receive such

appointment.

 

liHEREFORE, premises considercd, the Applicant prays that

citation and notice hereof be made as required by law, and tha~ upon

hearing hereof letters of administration upon said estate be granted

Lo him, and for such other and further orders and decrees as may~ from

time to time, be necessary.

W. Marcus Weatherred,

Attorney for Applicant

 

35

 

~,UUI~      JVi~ ;A;;           )          ~NoW Al,~ MLN 1~ I 1 IlL~          v ~

 

That I, Belle Smith, of the County of ~.oleman and State of Texas,

_       being in sound and disposing mind and memory and being desirous of

settling my worldly affairs and directing how my estate shall be

~       disposed of after my decease, do make and publish this my 1ast will

_       and testament, in the manner and form following, herehy revoking any

and all wills by me heretofore made:

 

FIRST

 

_

 

It is my will and I so direct that my body be buried in a decent

and Christianlike manner, suitable to my circumstances in life and the

expenses paid out of my estate by my Executor hereinafter named.

 

SECOND

 

It is my will and I so direct that my just debts he paid out of

my estate by my said Executor, as soon as convenient after my dece~se.

 

T~IIRD

 

After the payment of the debts and expenses aforesaid, I give,

devise and bequeath all the rest and residue of my estate, real and

personal, that L may die seized and posscssed of, to my heloved

husband, W. B. Smith, for the term of his natural life, together with

all rents, revenu~s and interest issuing out of or accruing from the

same, with remainder to our ten children and to their descendants, as

hereinafter provided and subject to the ~erms and provisions

hereinafter set out. Provided, however, that the said W.B.Smith shall

have the right to use, sell or dispose of the personal property,

including money on hand belonging to my estate in such manner as he

shall see fit, ~he proceeds of same existing at the time of his deaL-h

to go to our said ten children and their descendants, as her~in

provided, and nothing herein contained shall limit the rioht of the

said W. B. Smith to so use or dispose of said personal estate during

his natural life; and, provided further, that the said ~. B. Smith

shall be liable for the payment of the taxes on all of said estate

during his natural life.

 

FOURTH

 

Five of our children, to-wit: Mrs. Vanda French, llenry Smith, 1~.

F. Smith, Elder Smith, and Lee Smith, have ~lready each received

$800.00 out of the estate of myself and my said husband, W. B. Smith,

and it is therefore my will and I so direct that after the death of

myself and said husband, the remaining five chi1drell, to-wit: ~rs.

Leatha l~eonard, Levi Smith, Mrs. ~elle Faulkner, Felix ~I. Smith and

Arthur Smith, shall each receive the sum of $800.()0 out of the estate

of myself and my said husband, W. B. Smith; said sum of $800.00 to be

paid to each of them only once; it being understood that my husband,

W. B. Smith, is on this date making a similar will to me and to said

children, with a simila~ provision ~or thc payment of said $~00.00; it

 

36

 

-

 

-

 

being the intention of this will that the said $800.00 to be paid to

each remaining five children out of the estate of both myself and my

said husband, shall be paid only one time.

 

~IFTII

 

After the payment of the debts and expenses aforesaid and after

the death of both myself and my said husband, W. B. Smith, and subject

to his life estate in said real estate and to his ri~ht to manage,

sell and dispose of the personal property, together with the rents,

revenues and interest growing out of the same, and after the payment

of said sum of $800.00 to each of said last named five children, it is

my will and I so direct that all the re~t and residue of my estate,

real and personal, shall pass to and vest in fee simple in the said

ten children, or such of them as shall be living at the time of the

death of myself and my said husband, or the survivor of us, with the

further provision and understanding that if any of said ten children

shall die before the death of both myself and my said husband, without

leaving any lineal descendants, that the portion of said estate that

would have gone to said children, had he or she survived both myself

and husband, shall go to the survivors of our said children and to

their lineal descendants; it being the intention hereof that if any of

said children should be dead at the time of the death of myself and

my said husband, or the last survivor of us, leaving lineal

descendants, then that such descendants shall receive the same portion

of said esLaLe that their parent would have received had he or she

survived both myself and my said husband; the portion that would have

gone to said parent to be distributed to such descendants in lil~e

manner as he or she would receive the same under said parent by the

laws of descent and distribution.

 

SI~TH:

 

In determining the rights of my said children and their lineal

descendants surviving them, if any, such rights shall be determined as

the conditions exist at thc time of the death of the last survivor of

myself and my said husband, W. B. Smith.

 

SEVENTH:

 

It is further admitted and stated as a part of this will and to

be considered in the disposition of said estate, that all property,

real and personal, now owned or held by me, or my said husband, is the

community property and estate of myself and my said hushand, ~'. B.

Smith, and that neither of us have or claim any separate estate.

 

EIGI~TE~:

 

I hereby nominate, constitute and appOint my son, !~ee Smith,

Executor of this my last will and testament, and it is my will and I

so direct that no bond or other security shall be required of him as

such Executor.

 

NINTEI:

 

37

 

-

 

It is my will and I further direct that no action shall be had in

the County Court in the settlement or administration of my estate,

than to prove and record this will and to return and record an

Inventory and Appraisement and l.ist of claims of my said estate.

 

TENTI~:

 

It is my ~lill and I further direct that the said Lee Smith as

such Executor, shall have no control over my estate in the matter of

settlement, management, sale or division of the same during the life

of my said husband; and during said time and in the event he should

survive me, my said Lxecutor shall present this will for probate and

cause same to be duly probated, paying the expenses thereof out of my

estate; and that the m~nagement and control of my estate, subject only

to the powers herein conferred upon said Executor, shall remain in and

be exercised by my said husband, W.B. Smith, as hereinabove provided.

 

IN TESTI~IONY I~HEREOF, I have hereunto set my hand at Santa Anna,

Texas, this the 4 day of October, 1923, in the presence of ~frs.

Roseybird and Middy Margelin attesting witnesses, who hereunto

subscribe their names at my request and in my presence and in the

presence of each other.

 

X Mrs Belle Smith

Testator

 

*        ~ * * * * * r 1~ * 1~

 

Children born to l~iley B. D. and Riddy Belle Fish Smith, include:

 

(Sl-1-2-1-1)Era Lavanda, the daughter of Wiley ~nd

Belle Fish Smith, was born the 14th July 1882 Williamson County,

Texas, married the 27th February 1902 Brown County, Texas, Wil1iam ~.

French, and died the 6th April 1969.

 

(Sl-1-2-1-2)William llenry SEE NEXT S~TTON

 

(Sl-1-2-1-3)Benjamin ~ranklin, the son of Wiley

and Belle Fish Smith, was born the 9th January 1886 l~illiamson County,

rexas, married the 11th February lgO5 Coleman County, Texas, to

Elizabeth "Li2zie" Ijidner. Ile died the 8th

November 1963 and was buried beside Lizzie in the Whon Cemetery,

Coleman County, Texas. 1der, the son of liiley and nelle Eish

Smith, was born the 28th April 1888 Williamson County, Texas, married

the 6th November 1906 Brown County, Texas, F.llie ~lae McIntosh, and died the summer of 1984 in San Angelo.

 

Pearlee, the d~ughter of l~iley and

Belle Fish Smith, was born in 1~90 White Bluff, Kimble County, Texas, and died there in 1891. Lee Wiley, the son of Wiley ~n~l Belle

Fish Smith, ~as born on the 4tll June 1892 White Bluff, Kimble County, 38 married the 28th January 1911 Annie Leelson

and died the 26th November 1982.

 

Burt Doublehe~d, the son of l~iley and

Belle Fish Smith, was born 1894 Oklahoma Territory and died there as a

young boy.

 

Leatha, the daughter of Wiley and

Belle Fish Smith, was born in May 1~97 Robertson County, Texas,

married 1st Allen Leonard and 2nd Kurt Shields.

 

ù       Levi Lonnie Lawrence, the son of ~iley

and Belle Fish Smith, was born on the 12th of October 1899 Coleman

County, Texas, married on the 20th April 1918 Allie Davis.

 

Felix ~onroe, the son of Wiley and

~       Belle Fish Smith, was born on the 4th January 1~01 Coleman County,

,         Texas, married on the 3rd March 1921 Gertrude "Gertie" Manning.

 

-        Rita Belle, the daugh~er of Wiley and

Belle Fish Smith, was born on the 12th October 1905 Coleman County,

~       Texas, married the 27th December 1921 ~fenard County, Texas, Roy ~.

Faulkner, and died in llouston, Harris County, Texas, in the spring of

1957.

 

..

Arthur, the son of l~iley and Belle

~       Fish Smith~ was born the 3rd March/April 1907 Coleman County, married

on the 19th February 1931 Faye Kimble. 39

William Henry, the son of l~iley and

Belle Fish Smith, was born the 26th July 1884 ncar Georgetown,

Williamson County, Texas. On the 18th November 1903 Coleman County,

Texas, he married Lucinda "Cindy" Widener. Cindy died of childbirth

fever on the 17th June 1918 Coleman County, Texas, and was buried

beside one of her babies at Novice, Texas. Henry then married on the

1st January 1919 Grosvenor, Brown County, Texas, Alice Pearl ~ubanks,

the daughter of .lohn William and Bettie Ann Daniel Swain Eubanks.

Pearl was born the 30th July 1886 at Thrifty, Brown County, Texas, and

died at Palestine, Anderson County, Texas, on the 4th June 1971. She

was buried beside Henry, who died the 10th November 1960 in Palestine,

in the Land of Memory Cemetery, Palestine, Texas.

 

Children born to Henry and Cindy Widener Smith included:

 

Rita Mae, the daughter of Henry

and Cindy Widener Smith, was born the 23rd February 1906, Thrifty,

Brown County, Texas, married the 11th November 1923 Santa Anna,

Coleman County, Texas, to Riley Edward McFarlin. Children born to this

union included: Juanita born January

1925, married Alton ~ammond (?) at Kileen, Texas, and died in Houston,

Harris County, Texas, in March 1942/3.

 

Billie born November

1931, married the 5th August 1950 Santa Anna, Tcxas, Geor~e Wheatley.

 Danny born the

20th August 1955 Santa Anna, Texas.

 

.    Jimmie   D. born

the 24th May 1962 and died 1970, Santa Anna, Coleman County, Texas.

 

Carr, the son of Henry and

Cindy Widener Smith, was born the 9th Au~ust 1909, Santa Anna, Coleman

County, Texas. Ile married Elva l~ells. Children born to this union

included:

 

Jimmie ~ayne

 

Delbert

 

Cindy

 

Leon and baby, sons of llenry

and Cindy Widener Smith. Leon was born in May 1918 and died in the

Fall 1918. He was buried in the Cleveland Cemetery, unmarked. The baby

probably born between Carr and Teon was buried at ~ovice.

 

Children born to llenry and Yearl Eubanks Smith included:

 

Vernie ~lae SEE NEXT SECTIOI~

 

Riley ~yrle, the son of llenry

and Pearl Eubanks Smith, was horn the 17th June 1924 Buffalo, Coleman

County, Texas, married the 26th January 1944 Ceorgia to Dorothy lee

Combs Cherry, and died of cancer the 19th February

198(). He was buried beside his parents in the Lancl of Memory Cemetery,

Palestine, Texas.

 

Riley   Elmo   died   in

infancy.

 

40

 

Roy Glenn

 

Stephen Myrle

 

Donald Lee

 

Betty Bell, the daughter of

llenry and Pearl Eubanks Smith, was born the 25th December 1926 Ft.

McKavett, Texas, married the 4th September 1953 Pasadena, Harris

County, Texas, Howard Winston Williams, the son of Thomas Fred and

Hettie Pistole Williams. Howard was born in Clinton, Van Buren County,

Arkansas, on the 21 March 1928. Children born to this marriage

include:

 

Howard Kenneth born the

16th February 1956 Pasadena, Harris County, Texas, married the 19th

January 1980 Pasadena, Texas, to Mary Katherine Kershaw.

 

Larry Wayne born the

19th February 1958 Pasadena, Harris County, Texas.

 

Betty Elaine born the

20th December 1960 Pasadena, Harris County, Texas, married the 19th

November 1982 Pasadena, Harris County, Texas, to Marvin Randal Pruitt,

divorced the 14th February 1985 Harris County, Texas.

 

41

 

Vernie Mae, the daughter of

Henry and Pearl Eubanks Smith, w~s horn at Rockwood, Coleman County,

Texas, the 7th ~ebruary 1920. On the 21st June 1941 Brownwood, Texas

she married LLoyd Jason Bennett, the son of Charles Walker and ~innie

Alpha Ballew Bennett. Jake was born the 4th June 1919 Mexia, Limestone

County, Texas. This couple met while Jake was stationed at Camp Bowie

in Brownwood and Vernie was attending Daniel Baker College. After the

war was over, Jake went to work for Houston Lighting and Power Company

while attending the University of liouston. In 1948 they bought five

acres in Pasadena, Texas, and proceeded to build themselves a five

bedroom house later adding a swimming pool and bath house. In 1981

Jake and Vernie moved to Mexia, Limestone County, Texas, as Jake's new

position with the Light Company encompassed purchasing for the new

lignite plant being built near Jewett, Texas. Children born to this

union include:

 

Jason Douglas, the son

of Jake and Vernie Smith Bennett, was born the 12th January 1943

Edgewood Arsenal, ~aryland. He 1st married Melody Haines on the 1~th

June 1965 Bellaire, Harris County, Texas, and 2nd on the 19th ~ovember

1971 Richmond, Ft. Bend County, Texas, Shelia Kay Stripling, the

daughter of Abner and Luralove Burleson Stripling. Shelia was born the

3rd September 1942. Children born to these marriages include:

 

Heath   Douglas

born the 21st December 1968 ~louston, Texas.

 

Carrie Lynn (Adp)

born the 13th June 1978 Abilene, Texas.

 

Patricia Ann, the

daughter of Jake and Vernic Smith Bennett, was born the 8th October

1944 Santa Anna, Coleman County, Texas. On the 3rd September 19~5 in

Pasadena, llarris County, Texas, she married Thomas Dreaper ~IcGinty,

the son of Milton Bowles and ~uth Louise Dreaper ~IcGinty. Tom w~s born

the 25th August 1939 S~. Joseph ~lospital, Houston, Texas. Ele is a

third generation Houstonian. Children horn to this union are:

 

Kathleen born the

20th March 1970, Houston, Texas.

 

Timothy   Dreaper

born the 3rd November 1971, ~ouston, Texas.

 

Brenda Kaye, the daugh-

ter of Jake and Vernie Smith Bennett, was born the 28th June 1950

Pasadena, Texas. She married 2nd Charles Swenson on the 21st June 1981

Houston, Texas. One son was born to this union:

 

Brandon   Bennett

was born the 26th ~ovember 1984 llouston, Texas

 

LLoyd Rex, the son of

Jake and Vernie Smith Bennett, was born the 4th June 1952 Pasadena,

Texas. Iie married Carol Scheiern on the 16th October 1970 Pasadena,

Texas. Carol was born the 17th January 1952 Grand l~apids, ~lichigan.

 

Zachery Is~ac was

born the 11th November 1986 ~xahachie, ~llis County, Texas.

 

42

 

--from Dyches. 002, Fish.002, Durdenms.020, Whitmims.020

 

 

Lavanda Smith, daughter of Wiley B. D. Smith and Riddy Belle Fish Smith, was born July 14, 1882 in Williamson County.  She was mar­ried Febru­ary 27, 1902 to William French in Coleman County.  She died there April 6, 1969.

 

William Henry Smith, son of Wiley B. D. Smith and Riddy Belle Fish Smith, was born July 26, 1884.  He was married about 1909 to Cinda Widner.  He was remarried to Al­ice Pearl Eubanks January 1, 1919.  She was born July 30, 1886 to John William Eubanks and Betty Ann Daniel Swain Eu­banks, a Brown County farm couple.  He died November 10, 1964 in An­derson County, Texas, and she died there June 4, 1971 at age 85.

 

Children born to them include:

 

        Rita Mae Smith                born February 23, 1906

        Carr Smith                        born September 8, 1909

        Leon Smith                        born in May 1918

        Vernie Mae Smith             born February 7, 1920

        Riley Myrle Smith             born June 17, 1924

        Betty Bell Smith                born December 25, 1926

 

Rita Mae Smith, daughter of William Henry Smith and Alice Pearl Eu­banks Smith, was born February 23, 1906 in Brown County.  She was mar­ried November 11, 1923 at Santa Anna, Texas to Riley Edward McFarlin.

 

Carr Smith, son of William Henry Smith and Alice Pearl Eu­banks Smith, was born September 8, 1909 at Santa Anna.  He was married about 1930 to Elva Wills.

 

Leon Smith, son of William Henry Smith and Alice Pearl Eu­banks Smith, was born in May 1918 and died about six months later in Coleman Coun­ty.

 

Vernie Mae Smith, daughter of William Henry Smith and Alice Pearl Eubanks Smith, was born February 7, 1920 in Coleman County.  She was married June 21, 1941 in Brown County to Lloyd Jason Bennett.  He was born June 4, 1919 at Teague, Texas to Charles Walker Bennett and Minnie Alpha Ballew Ben­nett.  He, an engineer, lived at Mexia, Texas in April 1987.

 

Children born to them include:

 

        Jason Douglas Bennett                 born January 12, 1943

        Patricia Ann "Patty" Bennett        born October 8, 1944

        Brenda Kay Bennett                      born June 28, 1950

        Lloyd Rex Bennett                        born June 4, 1952

 

Jason Douglas Bennett, son of Lloyd Jason Bennett and Vernie Mae Smith Bennett, was born January 12, 1943 in Baltimore, Maryland.  He was mar­ried about 1963 to Melody Long.  Following a divorce he was remar­ried to She­lia Kaye Stripling.

 

Children born to them include:

 

      Heath Douglas Bennett                born December 20, 1967

      Carrie Lynn Bennett                     born in June 1980

 

Patricia Ann "Patty" Bennett, daughter of Jason Douglas Bennett and Vernie Mae Smith Bennett, was born October 8, 1944 at Santa Anna.  She was married September 3, 1965 to Thomas Dreaper McGinty at Pasadena.  In April 1987 they lived in Houston.

 

She, an outstanding genealogist, has developed an extensive research on the Fish and Dyches families.  It is through her kindness that much of the details of the Fish fam­ily appears in this manuscript.

 

Children born to Thomas Dreaper McGinty and Patricia Ann "Patty" Ben­nett Mc­Ginty in­clude:

 

        Kathleen McGinty                       born March 20, 1970

        Timothy Dreaper McGinty         born November 3, 1971

 

Brenda Kay Bennett, daughter of Jason Douglas Bennett and Vernie Mae Smith Bennett, was born June 28, 1950 at Pasadena.  She was mar­ried about 1970 to Gary Tillery.  Following a divorce she was remar­ried June 21, 1981 at Houston to Charles Swenson.

 

Children born to them include:

 

        Brandon Bennett Swenson                born November 26, 1984

 

Lloyd Rex Bennett, son of Jason Douglas Bennett and Vernie Mae Smith Bennett, was born June 4, 1952 at Pasadena.  He was married about 1973 to Caroline Ruth Schiern.

 

 Riley Myrle Smith, son of William Henry Smith and Alice Pearl Eu­banks Smith, was born June 17, 1924 in Coleman County.  He was mar­ried Jan­uary 26, 1944 to Dorothy Combs Cherry.  He died in February 1980 in Anderson County.

 

Betty Bell Smith, daughter of William Henry Smith and Alice Pearl Eubanks Smith, was born December 25, 1926 at Ft. McKavett.  She was married September 4, 1953 at Pasadena, Texas to Howard Winston Williams.

 

Benjamin Franklin Smith, son of Wiley B. D. Smith and Riddy Belle Fish Smith, was born January 9, 1886 in Williamson County.  He was married February 11, 1905 in Coleman County to Elizabeth "Lizzie" Widner.  He died August 11, 1965 in Coleman County.

 

Elder Smith, son of Wiley B. D. Smith and Riddy Belle Fish Smith, was born November 6, 1906. He was married at Brownwood, Texas about 1929 to Ellie Mae McIntosh, and they lived in Coleman County.

 

Pearlee Smith, daughter of Wiley B. D. Smith and Riddy Belle Fish Smith, was born in 1890 in the White Bluff community of Kimble County.  She died in 1891.

 

Lee Wiley Smith, son of Wiley B. D. Smith and Riddy Belle Fish Smith, was born June 4, 1892 in Kimble County.  He was married Febru­ary 28, 1911 to Annie Lee Nelson.  He died November 26, 1982.

 

Burt Doublehead Smith, son of Wiley B. D. Smith and Riddy Belle Fish Smith, was born in Oklahoma Territory in 1894 and died in child­hood.

 

Leatha Smith, daughter of Wiley B. D. Smith and Riddy Belle Fish Smith, was born in Robertson County, Texas in May 1897.  She was mar­ried about 1925 to Allen Leonard.  Later she was remarried to Kurt Shields.

 

Levie Lonnie Lawrence Smith, son of Wiley B. D. Smith and Riddy Belle Fish Smith, was born in Coleman County October 12, 1899.  He was mar­ried April 20, 1918 to Allie Davis.

 

Felix Monroe Smith, son of Wiley B. D. Smith and Riddy Belle Fish Smith, was born in Coleman County January 4, 1901.  He was married March 3, 1921 to Gertrude Manning.

 

Belle Smith, daughter of Wiley B. D. Smith and Riddy Belle Fish Smith, was born in Coleman County October 12, 1905.  She was mar­ried about 1923 to Roy Falkner.  In 1964 they lived in Houston, Texas.

 

Arthur Smith, son of Wiley B. D. Smith and Riddy Belle Fish Smith (F4/1.10), was born in Coleman County March 3, 1907.  He was married Febru­ary 19, 1931 to Faye Kimble.

 

Jesse Whitmire, son of Jesse Whitmire and Nancy Durden Whit­mire, was born in 1832, probably in Hinds County, Mississippi.  He ap­peared as an 18-year-old in the 1850 census of San Augustine County living with his mother in the household of his brother David Kension Whitmire.  Of this individual nothing more is known.

 

====================================================

Arlee Gowen             806/795-8758 or 806/795-9694

5708 Gary Avenue

Lubbock, Texas, 79413         WHITMIMS.020, 08/06/87

====================================================