The Fairfield Recorder (Fairfield, Tex.), Vol. 53, No. 3, Ed. 1 Friday, October 12, 1928 Page: 6 of 8
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THE FAIRFIELD RECORDER. FAIRFIELD, TEXAS, OCTOBER 12. 1928.
CITAION
The State of Texan. To the Sheriff
or any Constable of Freestone
County—(.ireet ing:
You are hereby commanded to
a: ,1 are claiming all of the proceeds
of said policy.
IV
Further answering this defen*
dant represents to the court thut
under tlie facts alleged it has no
summon Onie Travis whose address i way of determining whether the
is unknown and to ths heirs of beneficiary uumed in .-aid policy,
Onie Travis, deceased, the names | to w.t: Onie Travis, >s dead or not,
and places of residence of all of
whom a
aid it has no way of determining
11 unknown, and to all whether plaintiffs ar« all of the
the blood relatives t" the fourth de
jrree of Henderson 1'ravis de-
eeased, except those who appear as
plaintiffs in said eau>e. by making
publication of this citation once in
rson.• entitled under the statute
to i ceue the proceeds of said
policy of insurance, and it has no
way if safely determining to whom
the proceeds of said policy of in*
c.e h week for four consecutive j saranct lawfully belong*; that it
wt previous to the return day I cannot pay any claimant or claim-
h reof in son.e newspaper publish- aius without subjecting itself to pos-
ed in your County, if there be a I sible further litigation and the pos
newspaper published therein, but, sibility of having to pay said policy
,f not, then in any newspaper pub-1 or a portion thereof twice; thut
VETERAN EDITOR The services started at the
OF MEXIA NEWS First Presbyterian church.
PASSES AWAY 't here .Mr. Houx was an elder,
_ | at 10 a. ni. Saturday. The lit -
Major Nicholas P. Houx, tk‘ chHrch waa packed to its I
(18 t ears old, veteran newspa- capacity with friends and rela-.
or lndireman mili- fives when Rev. E. H. Hudson I
per editor, lodgeman, mill .
tary otticer and church eider. the service,
was found dead in his bed Odd Fellows in their red I
early Friday morning when collars, Masons with their ap-|
his wife went to awaken him irons and Knights of Pythn I
tor his day’s duties as asso- with their lodge emblems also
date editor of The Mexia followed the corpse to the
Daily News. church services.
Major Houx had been dead! Rev. Hudson read from the
STATE FAIR
OEJEXAS
several hours when he was
P.ilile a number of texts on the
lound and evidently died j„ > immortality of the soul, the
ii*hnl in I'lc -i’m i I'unty, to ap- aid policy of insurance and the pro- i ids sleep as he was" found in ! hope of a hereafter and the
i*i i '*i * r*i* > ci i i r t rm . •. . , I 111 .f e »I, . Iv 1 I I.. *. *,,1 *. . I n* p, I t lOirl.! / win.. I ! 11 ■ <*
»,* po*»«> ««i °i.ci*ht™u." ,!i,vin*;
of County Court of Fr« • stone Coun* | able to the said beneficiary, Onie , .. . ,
ty, to In* holtlcn it the Court House Travis, or if she prc-dcccased the eiltly tiled without pain,
there-*?, in Fairfi, d, Te\.is, on the ; -aid Henderson Travis, then the Horn August l(i, I860 111
first Monday in He ruber. A. Id. ■ -ame payable to those relative, etc. Grimes County Texas, Major
ld'JS. the sa:: e in- tin- drii dav «,f* Hotwiorxnn Trial* is nmm>d in the . -
petition filed in -aid court on the
2nd day of October, A. D 1928, by
defendant in a suit numbered on the
docket of said Court as No. 11108,
wherein Sum Mosley. Annie Wil
son, joined by her husband . . . Wil*
Then lie spoke of the life of
his church elder, who at times
was the only member present
with the pastor on stormy
nights for the prayer meeting
service.
, the same b< i . tin- !rd day | of Henderson Travis named in the j i. hw,,ira' i’,,toro<t
01 December, ' d. lddv then and I statute; but that if the said Onie M.ou> eaiiy became interest-
there to answer a cr *-- action and i Travis died subsequent u> the said j ed ill newspaper work as a
Henderson Travis then h c r, printer. He worked on the ...
I a t U J hi*irn htc entitle*.! t o ^ H niinpr jind other told how Msjor Houx hftd
& t u M e x ia nra r 1 y 4 0 y t-ars
i tlu s,.id Onie Travis is unknown more than 30 years ago and ‘AK0 ,a"‘ .,n 1‘S,*U joined the
to this defendant; that f the said purchasing the Mexia News, i * resbyterian church, becom-
sor.. i c 'ii* joined b. hi*v! Onie 1'ravis survived her said hu«-1 wliich he started as a dailv ing later a deacon, and elder
dington, joined by her husband,
w|
mOUoM
X
Sylvister Eddington; Josephine Wil
liams, joined by her husband Hill
Williams, are plaintiffs, and The
Supreme Home <>f Ancient Order
of Pilgrims, a Fraternal Benefit
Association and Onie Travis, the
heirs i.f Onie Travis, leceased, and
band and is now dead, this defen- ni;;; lie'also founded 1 »nd a Sunday Schoolteacher.
iy or all of her heirs, if any | the Mexia Weekly Herald, j how only during the
dant does not know the names of ;
all the blood relatives to the 4th
degree of Henderson Travis ( ex-
cept those who are plaintiffs here-
in. I is defendant, and said cross
action arul petition alleging this de-
fendant says that on or about De-
i ember !, 1909, t issued and de-
livered to Hi nder.-cri Travis its cer-
tain policy of insurance No. 1401;
that or. or about October 4, 1024,
this defendant took up said original
policy and issued to said Hinder-
son Travis a duplicate policy un-
der the same number, substantially
as alleged in plaintiffs’ said peti-
tion; and that th< dues, premiums,
and assessments upon said policy
were duly and regularly paid by
there be, and the addresses and anti was its editor ut the time " Major Houx had attend-
ances of residence of each and all1 |jjs Heath ! ed special gatherings to lend
Of them are unknown to this de- , ' • his counsel to the affairs of
fendant; that the relatives by blood1 1 nc euiioriai pell OI Atajoi ,hnr#»h
to the fourth degree of the said Houx was always in service oi .1,1~ rnuren.
Henderson Travis, deceased, are the community. He was a I rJl’. Jtiiln A Held. Baptist
known to this defendant save and Mexia Daily News several . *v <uu 1 Alls, smun Kom-
those lumieti u.s plaintiffs in ^go, purcllctsucl it lj<ick ^ clMcl Alls. StCCIC*, DOOS
of. but has since the receipt and!the company which owns it, ^ kr^ve the Masons
approval ot the proof of lienthy as fiQ\\r Ht1 however relilitlHe'd took r < Holtoil)
Suing‘id’^c^cd rami>\t"lie dSl'vith the publication and has j worshipful master, led in the
sues to‘IS the same over ‘to whom- been its counselor in matters • Vr.pr*8?,v? ^ave servi^ ol^the
»y me Nlllll uu-l WIIUIII" • ' e ii W V I,.*#.-V. * *** • « » rts * , , * * 4* f* * < 1
may be lawfully entitled where his experience was so j ijrriiiun,
thereto. And defendant here now valuable to the vounirer men a so a ^ason* delivered the
tenders in to the registry of this „.K„‘ *„i_______ funeral oration, as he had
been requested personally by
coun * the f uH amount due on said " ho took active charge,
policy of insurance, to-wit; the suin' Major Houx is survived bv
by the said Henderson Travis and ,.f Five Hundred (#500.00) Dollars, his widow and Olle Step Son,
the same was in good standing and ! and savs that it is a stakeholder;! \rvil I’miurcnn twn
*,,11 t.ir.... the time of hi, ,1,.. A,:.. T*,.,,lu .,,,,1 Iw.r if**'1* I* Oil, iIIUI l W U
in full force at the time of his
death, which occurred or, or about
December 19, 1924; that one Onie
Tta.is, the wife of said Henderson
Travis, was named as the benefici-
ary in said policy of insurance;
that following the death of the said
Henderson Travis this defendant
made efforts to locate the said
Onie Travis, the benefieiary named
in said policy of insurance, but
was unable to locate her; that said
policy provided that on the death
of said Henderson Travis in good
standing, defendant would pay to
the firm individual or corporation
burying the deceased a sum of
Eighty ($80.00) Dollars as a bur-
ial allowance and benefit, and in
addition would pay to the benefici-
ary named in said policy the sum
of Five Hundred ($500.00) Dol-
lars. And in this connection defen-
dant says that it made repeated and
diligent efforts to locate the benefi-
ciary named in said policy of insur-
ance, t<>,wit: Onie Travis, the wife
of the said Henderson Travis, de-
ceased; that defendant has been in-
formed that the said Onie Travis
had not been heard of or from
by the said Henderson Travis. nor
by his relatives, for many years prior
to his death, that the place of resi-
dence of the sai<i Onie Travis is un-
known to this defendant; that the
proof of the death of the said Hen-
derson Travis, deceased, was re-
ceived by this defendant on or
about February 10, 1925, and ap
proved by it, and sa:d defendant
then was. and now is. and has at all
times since been ready, able and
willing to pay said sum of Five
Hundred ($500.00) Dollars, to the
person or persons lawfully entitled
to receive the same; that it paid the
said buriul allowance and benefit
of Eighty ($80.00) Dollars to the
undertaker who buried the said Hen-
derson Travis. Ami in this connec-
tion, defendant would further show
to the court that the law provides
that if the beneficiary named in
said policy of insurance should be
dead at the time of the death of the
insured said policy shall not be
forfeited or become null and void,
I ut the i roceeds shall bo paiu t >
those j ersor;1- named in the statute
in the order named therein, unless
.i different order is provided *or
in the by laws of such fraternal
peref.t society issuing such policy;
and defendant says that during all
of the time material to this suit it
was and still is a fraternal benefit
society duly incorporated under the
1'iwc of Texas, as such, and that it
had, and has no by-laws covering or
regulating the matter of who shall
become beneficiary in case the bene-
ficiary named in its policy of insur-
ance shali pre-decease the insured,
end that said policy of insurance is
payable to the persons named in the
statute, in the order named therein.
This defendant, would further show
i *id represen* to the Court that it
does not kn* w and has been unable
to ascertain whether the said Hen-
derson Travis left surviving him any
v, ife, relative by blood to the fourth
degree, children by legal adoption,
i lother-in-law, son-in-law, daughter-
law, stepfather, or stepmother,
: ep children, or father inlaw, or
i y person on persons denpen-
< it, upon the said Henderson
'' vi«, except that plaintiffs
in tjiis suit allege that they
are fir t. cousins of said deceased;
that, th a defer dant does not know
whether plaintiffs are such rela-
tive as lUeged, or whether they
are all of such r< l ves, or whether
they constitute all of said deceased’s
relative! by blood to the fourth de-
gree, but *;,ys that HainHffg are
claiming that a’ll r*ri Travis has
not. been henrd from f:>r years and
that her residence is unknown and
that they are all of the persons au-
thorised hy statute to ta) e the pro-
c«ed* of said policy of insurance
the deceased several months
ago.
Then Dr. Held led a Knights
that the said Onie Travis, and her j
heirs, if deceased, and the relatives ............... V*.V *'*“’*? “ nf Pythias sorvieo unH aftor
„f Henderson Travis, deceased, by Andrea and Lurlie Betts, jot rytnias seruce and alter
Mood to the fourth degree, should whom lie loved as his own, | prayer John Holton, oi the
all be made parties hereto and re- js a|so survived bv one I ^n^antry company, blew taps
quh'cd to ass. it whatever rights or ‘ ‘ j ‘ Shreve-1 tor the man who ,lad been a
I'laims. ,f anv. thev mav have in brtther J. r. HOUX, OI bhrtVt ^ affftirg military jn
Mexia.
Major Houx, as he
•laims, if any. they may have
or to the said policy of insurance, j port, and a sister, Mrs. R.
or the proceeds thereof; that said | Musgrave, of San Antonio,
fan 1 should be t>> the court award- The deceased editor was a
ed to whomsoever may show him- , . , . . . , ' . .
st*If. or themselves, lawfully en- faithful lodg’eman, taking par*
tied to receive the same, and thejtieular interest ill his fraternal
rights of this defendant should be connections. He was a M a -
so protected tnat an claimants to member of -ill hrnnrhpu
-aid fund shall be bound and pro- j h0”; 111 11 ,u !, n ,a 11 Drancnes,
■luded by the distribution and dis- : a Knights ot i vthias, in which
position made of said fund by this
court.
V
This defendant says that it has
lie, n compelled to employ attorneys
to file this answer ami hill of inter-
pleader and has become liable to
pay to its attorneys’ Ross, Wood,
1 awler \ Wood, of the Harris
County bar, for their services here-
in, a reasonnbi attorney’s fee.
am) defendant says that the sum
Seventy-Five ($75.00) Dollars is a
reasonable fee for the services ren-
dered and to be rendered in this
suit by its said attorneys, and de-
fendant asks that it be allowed ils
said attorney’s fees and all costs of
court. Wherefore this defendant
prays that citation by publication
may issue to the said Onie Tracis,
and to their heirs of Onie Travis,
decease;!, and also to Henderson
Travis' relatives by blood to the
fourth degree, requiring them and
ach of them to appear in answer
he held a state office, and
past Noble Grand of the Odd
Fellows. He was also a mem-
ber of the Elks lodge here.
And as Major Houx was
faithful to his lodge, he also
loved his church and seldom
missed a meeting at the First
Presbyterian Church. He was
a deacon and an elder, a
teacher of the Men’s Bible
class and a Bible student. He
had planned a series of ar-
ticles this winter on Biblical
characters which he loved.
A member of the Texas
Editorial Association, c o m-
posed of veteran editors, Ma-
'll
J he D
«ert So;
f
Mlm A. . ^ — Arjl',an Pony
JV-C*hM an J Sa, A
rw^*. 00lo|yQfi
rAXj ,V">D)o/
.1f If
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Hm.
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Jim
is
* ipARD F,if^
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Lz’h-”
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.ujmm
OCTOBER
H
- ■ ■
■t»
fBe One of the
was
known although he was en-
titled to be known as a Lieu- j
tenant Colonel, was an officer
or member of all Masonic or-
ders, including Karem Temple
Shrine. He was a member of
the Knights of Pythias, the
Odd Fellows and the Eastern
Star. He took active interest
in the Rainbow and De Molay
orders here.
W. F. Quebe, recorder of
Karem Shrine Temple, Waco,
was present to attend Major
Iloux’s funeral. He represent-
ed Karejn Temple anti was a
personal friend of Major
Houx.
jor Houx always attended 1^oaKue.
their gatherings and enjoyed
the friendship of the newspa-
No. 2 lamp globes, crimp i
top. extra heavy, two for the 1
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P. Compton’s Cash Store,
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Supreme in Texas
Order your subscription through local agent in your city. This rate
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Oklahoma, Louisiana, Arkansas and New Mexico.
L. CHILDS, Local Agent
:5.th7h«"v',:J kr T" S!"have
vice for 30 years or more.
may have, if any they may have,
in and to said policy of insurance,
nr the proceeds thereof. Defen-
dant further prays tnat on hearing
hereof the court will enter its or-
der awurding said sum. hereby ten-
dered to the court, to the nerson or
persons lawfully entitled to re-
ceive the same and fully protect
this defendant in the payment
thereof; defendant also prays that
it may be dismissed with its reason-
able attorneys’ fees and its costs;
and defendant prays for all such
other and further relief, general
and special, to which it may show
itself justly entitled at law or in
equity.
Herein fail not, and have before ,
said Court at its aforesaid next regu-'
lar term, this writ with your return
thereon showing how you have
executed the same.
Major Houx was a mem-
ber of the 33rd Texas legisla-
ture. representing a flotorial
district. He was a candidate
in the recent election but lost
the nomination
A retired Lieutenant Colon-
el in the National Guard the
deceased organized the com-
pany which represented Me-
xia in the World War and
took a delight in helping to
form the new Company B,
143rd Infantry, now active in
Burial of Major Houx.
After leligious, fraternal
irt&ag «y.
Texas, this the 2nd day of October,
A. D. 1928.
(Seal) W. J. Lott,
Clerk of County Court, Freestone
Countv. Texas.
12o4t By May Robinson, Deputy.
veteran newspaper editor, was
laid to rest in the Mexia ceme-
tery under a bower of floral
offerings from numerous or-
ganizations and friends.
HAWK
BRAND
WORK CLOTHES
THEY WEAR
—LONGER.
Sold by F. E. Hill Cash Store
Teague
4th St. Show Grounds
One Day Only
Tuesday, Oct.
23
Prices, General Admission, Adults 75c--Children, under 12 years, 50c
Reserved Seats Extra According to Location
Downtown' Ticket Office Day of Show Only at
Same Prices Prevail
as at Show Grounds
Teague Drug Store
“■“rrsr
-1
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The Fairfield Recorder (Fairfield, Tex.), Vol. 53, No. 3, Ed. 1 Friday, October 12, 1928, newspaper, October 12, 1928; Fairfield, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1126371/m1/6/: accessed July 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Fairfield Library.