The Proof is in the Probate

Several years ago I wrote a post about the death of Thomas M Box, the son of Thomas and Clarkey Box.  To view, click here.  My theory (that the Thomas Box who was murdered in southern Arizona in 1883 was the same Thomas Box who was in our family) was based on circumstantial evidence and a “gut feeling”.  Some questioned my conclusion and thought there should have had more records to back up my claim. 

I am happy to say that now there is proof that the two Thomas Boxes are one and the same.  That proof can be found in the Thomas M Box Probate.  The mother of Thomas Box, Clarkey Box, stated in an affidavit found in the probate that she was the mother of the Thomas M. Box who was murdered in Arizona in 1883.  In a separate affidavit, Josephine Box Cunningham stated that she was the sister of Thomas M. Box who was murdered near Stafford, Arizona.  The proof was in the probate😊.

Thomas M Box Probate

Thomas M Box was murdered 18 April 1883 in the Dos Cabezas Mountains of Cochise County, Arizona, but he had been living in Smithville, Graham County, Arizona.  Thomas disappeared after selling a herd of cattle and receiving cash.  Foul play was immediately suspected, especially after his horse was found.

The probate of Thomas M Box began in the Probate Court of Graham County in June 1883 and continued through September 1884.  As seen in the probate papers below, Peter Anderson was appointed special  administrator of the probate.  On the first page, Anderson gives an accounting of some of the personal property Thomas Box left in his estate.  Page 2 of the probate gives some interesting facts concerning men that may have been taking advantage of the murder of Thomas Box.

A transcription of the probate papers shown can be found just below the copies.  Click the copy of the page to view larger size.  

Thomas M Box Probate page 1

Thomas M Box Probate page 2

Thomas M Box Probate page 3

Transcription of Thomas M Box Probate, pages 1-3.

In the matter of the estate of Thomas Box deceased

The Probate Court of County Territory of Arizona.

The petition of Peter Andersen of said County of Graham and territory of Arizona respectfully shows that Thomas Box died on or about the 10^th day of May 1883, in the County of Cochise and Territory of Arizona.  That said deceased at the time of death was a resident of the said County of Graham, Territory of Arizona, that said deceased left estate in said County of Graham, consisting of personal property.  That the value and character of said property is as follows to wit:

Five (5) horses, including one one year old colt  

Valued at 250.00             One mule                                                                    

    “     “       75.00             One wagon                                                                 

    “     “       60.00              One wagon                                                                 

    “    “        30.00              One set of harnesses                                                

    “    “        18.00              One plow                                                                    

    “    “        66.00             Two Cows & Calves

    “    “        15.00              One ______

    “    “        20.00              One Stove

Cash         750.00

Accounting in the aggregate to the sum of $1,284.00

That due search and inquiry have been

Page 2

to ascertain if said deceased left any will and testament, but none has been found and according to the best knowledge, and information and he left of your petitioner, said deceased died intestate.

That the next of kin and heirs at law of said deceased if any there be are unknown to your petitioner.  That said deceased left debts which are now due and unpaid to the amount of several hundred dollars, the exact amount of which your petitioner cannot now state.

That a short time after said deceased had gone from said county of his residence of Cochise County to collect a large sum of money, one J. M. Moody, Charles Lindquist, and Joseph Cluff went to said Cochise County to ascertain the fate of the said deceased and found the Saddle horse of deceased at or near the place where the payment of said money was to have been made and they were further informed by a written paper secretly put into their wagon after night that the said Thomas Box had been murdered, said paper giving the names of his murderers, That your petitioner is informed and believes that said paper is in the possession of said Moody.  That the above described property is now in the hands

Page 3

of the said J. M. Moody and that the same is being wasted and that said Moody has threatened to move said property out of Graham County in order to place the same beyond the jurisdiction of the Court.

Wherefore your petitioner prays that he appointed Special administrator of said estate according to Section 1605 of the compiled laws of Arizona.

Pete Anderson

Thomas M Box Heirs 

The following two documents found in the probate papers were affidavits signed by the heirs Thomas M Box: his mother, Clarkey Box, and his sister, Josephine Box Cunningham.  Both mother and sister were residents of Rio Arriba County, New Mexico at the time of the murder of Thomas Box and the probate of his estate.  And, both Clarkey and Josephine stated that they were the only living heirs of their son and brother Thomas M Box.  (See note at end of blog post)

Affidavit of mother, Clarkey Box

Affidavit of sister, Josephine Cunningham

Below are the transcriptions of the two above statements from mother, Clarkey Box, and sister, Josephine Cunningham.

Territory of New Mexico, County of Rio Arriba

Clarkey Box of Rio Arriba County New Mexico being duly sworn according to the law deposes and says that she is the Mother of Thomas M Box, deceased, who was murdered in Graham County A.T. and who was formerly a resident of Rio Arriba County, New Mexico, and that there is no other living heir except her daughter, Mrs. Josephine Cunningham of the County & Territory aforesaid and who is thirty four years of age.  And affiant further states upon her oath that she is seventy four years of age.

 Clarkey X (her mark) Box

Witnesses:  John Schwarten, H. Benning

Sworn to & subscribed before me this 2^nd day of August 1883. W. G. Markley, Notary Public

Territory of New Mexico, County of Rio Arriba

Josephine Cunningham of Rio Arriba County New Mexico being duly sworn according to the law deposes and says that she is the sister of Thomas M. Box deceased, who was murdered near Safford in Graham County A.T. and was formerly a resident of Rio Arriba County New Mexico.  And affiant further states that she is the only living heir of said Thomas Box except for her mother Mrs. Clarkey Box also of this County and territory.  Affiant further states that she is thirty four years of age.

Josephine Cunningham

Sworn to & subscribed before me this 2^nd day of August AD 1883. WG Markley, Notary Public 

Note:  Although Clarkey and Josephine both stated that in 1883 they were the only two living heirs of Thomas M Box, that is not accurate. There was another brother in the Box family, William Jefferson Box, who was still living.  Brother William had moved away to Louisiana and changed his name some years earlier.  It is not known if any of the family knew he was still alive or not.  

Other Posts about Thomas M Box 

Remains Found in the Arizona Mountains

Thomas and Clarkey Box Family

Source: The probate packet in it's entirety can be found on Ancestry.com in the Arizona, U.S., Wills and Probate Records, 1803-1995.  The complete probate packet has 96 pieces of paper.