Collin County, Texas Probate Minutes

Volume C-1

 

Page 1

 

State of Texas               County Court Collin County, Texas

Collin County                 Pertaining to Estates. Met at the Courthouse in The Town of McKinney on the 27th day of July 1868 A. D.                                     Present: S. Bowlby Co. Judge

                                                                                     G. W. Patterson Clerk

 

When the following proceedings were had

 

Estate of D. S. BRADLEY Deceased

 

            The following named commissioners to wit F. J. Vance, J. D. Bellows & John M. McKinney appointed at a former term of this Court to petition the property real and personal belonging to the estate of D. S. BRADLEY decd. between the heirs of said estate to wit CATHERINE TACKNER (FACKNER) late CATHERINE BRADLEY and surviving wife of D. S. BRADLEY decd. and GEORGE BRADLEY son of said Bradley a minor under twenty one years of age made their report of the partition and division of said Estate  between the aforesaid heirs.

            And it appearing to the Court that said minor GEORGE BRADLEY was duly represented in said partition by his regular guardian, T. T. BRADLEY and that said report has been fairly made according to law subscribed and sworn o by said commissioners containing a statement of the property divided by them and a particular description of the property allotted to each of said distributees with a plat of the land said report is by the Court fully approved and in all things confirmed and the Same is ordered to be (?) Recorded.

            And it further appearing to the Court from the final account of J. B. Faukner, Admr. of said Estate presented at a former term of this Court and receipts from said distributees for the estate set apart to each of them as shown by the report of Said Commissioners that there is none of said Estate remaining in his hands as administrator it is ordered by the Court that said Administrator be discharged from his rust and that the Succession of Said Estate in this Court be closed on the payment of the Court Charges.

 

Estate of JOSHUA B. LEE, Decd.

 

            T. J. HALL administrator and ZERUTHA HALL Administratrix of the estate of JOSHUA B. LEE Dec. this day made their report of the sale of a tract of Land containing eighty acres lying in Dallas County ordered to be sold for the payment of Debts at the may term of this Court and it appearing to the Court that said sale was made in Conformity to law and that A. W. PERRY became the purchaser of said land at the price of one hundred dollars and that he is ready to pay Said Sum of money upon the execution of good and sufficient conveyance of title. It is therefore ordered that said report be approved confirmed and (?) and that upon the payment of said purchased money that (?)…

 

Page 2

 

…Admr. & Admx made good and sufficient deed of Conveyance of all the right title and interest of said Estate in and to said Land to Said A. W. PERRY and that upon the execution of Said Conveyance all the right title and interest in and two (to) Said land be divested out of the heirs and legal presentation of Said Estate and vested in the Said A. W. PERRY.

 

Estate of JAMES E. BRYANT Deceased.

 

Now this day come the Admr & Admrx of the estate of JAMES E. BRYANT decd. and filed an additional divisions of the property of said Estate. Ordered by the Court that said divisions be approved and that said additional report be recorded.

 

Estate Minor Heirs of JAMES E. BRYANT, decd.

 

This day comes THEODOSIA E. BRYANT, Guardian of the Estate of the minor children of JAMES E. BRYANT deceased and herself and returned an appraisement and inventory of the estate of said Minor Children. Ordered by the Court that said Inventory and appraisement be approved and the Same be recorded by the Clerk.

 

Estate of L. SHIRLEY deceased

 

It is ordered by the Court that ALEX BERRY Admr. Of Said Estate of L. SHIRLEY decd deliver to PAULINE SHIRLEY Surviving wife of Said L. Shirley all of the property exempt by law from forced sale. And that GEO. WHITE, M. W. ALLEN & M. S. PULLIAM be appointed Commissioners to survey and designate the Homestead and report their action to the next term of this Court.

 

Page 3

 

Estate of W. B. BENGE deceased

 

Now this day comes J. D. NEWSOME and M. J. BENGE executor and executrix of Said estate of W. B. BENGE and filed account for final settlement and the Court being duly satisfied that legal notice had been given. And it appearing to the Court that the debts of the t have all been fully paid or provided for And the will of the Said deceased having full Executed It has been ordered and decreed by the Court as follows

           

That J. D. NEWSOME and M. J. BENGE be discharged from the executorship of Said Estate and that the Succession stand closed  That the real and personal property shown by inventories reports and final account as belonging to the estate on hand be vested Absolutely in M. J. BENGE as declared by the will and the remaining half be bested in the children of the deceased and that the whole of Said property be turned over to the said M. J. BENGE the shares of the children to be used and disposed of by her the said M. J. BENGE as to her may seem best for the support and education of Said children.

 

 

Estate of J. D. LEDBETTER Deceased

 

Now this day came J. T. COLEMAN admr. of the estate of J. D. LEDBETTER deceased and filed his final account for settlement and the Court being satisfied that legal notice has been given and it appearing to the Court that the debts of the Estate have all been fully paid  It has been ordered and decreed by the Court that said J. T. COLEMAN Admr. as foresaid be discharged from the Administration of said Estate and that the succession stand closed  That the Real Estate described and Set apart by Stephen Jones, W. G. Barns & James O. Kerr Commissioners appointed by the Court to make division of said Real Estate between MARY E. LEDBETTER widow of Said J. D. LEDBETTER deceased and ISABEL R. LEDBETTER minor child. And that the said real Estate be vested in each of Said heirs according to the division made by said Commissioners.

 

Estate of CATHERINE DIXON Deceased

 

At this day Comes S. COFFEY Administrator of the estate of CATHARINE DIXON Deceased and filed his annual report of the Condition of Said Estate. Ordered  by the Court that said report be approved & place on file.

 

Estate of LEWIS SHIRLEY Deceased

 

At this day come ALEX BERRY Admr. of LEWIS SHIRLEY deceased and pray Authority of the Court to rent by private contract the improved farm and homestead belonging the said Estate lately occupied by John___ Dysart and the same being considered by the Court  It is ordered that the ____ to rent said premises be given as prayed for.

 

Page 4

 

 

Estate of JAMES MODE Deceased

 

Now this day comes BUFORD HENRY admr. of JAMES MODE deceased and file his inventory and appraisement of said Estate. Ordered by the Court that said inventory by approved and the same places on record.

 

 

Estate of JAMES MODE Deceased

 

Now this day come BUFORD HENRY admr. of JAMES MODE decd. and prays the court for an order to Sell for Cash all the personal Estate of Said deceased to pay Debts and Court fees. Said Sale to be in the town of McKinney and at the earliest practicable time. Ordered by the Court that said prayer be granted and that petitioner proceed to sell as soon as practicable.

 

Joseph Britton               Estate of S. WHITAKER decd.

            Vs.

Buford Henry, admr                    And now on this the first day

Samuel Whitaker                       of the term comes the parties by their attorneys and the attorneys representing the Creditors of said Estate having withdrawn opposition to plaintiffs' claim and the evidence being introduced and it appearing to the satisfaction of the Court that the plaintiff JOSEPH BRITTON had purchased of SAML. WHTTAKER in his life time the south half of the 80 acres of land described in his petition and had paid for the same and it further appearing to the Court that the said BRITTON had been in continuous possession of the Same and the Use thereof since he year 1857 and the Said plaintiff in his petition relinquishes to the Estate of Said WHITAKER all that portion of Said land so purchased by him & now included in the farm of said WHITAKER decd. It is herefore ordered adjudged and decreed by the Court that the said JOSEPH BRITTON do have and ______of the said BUFORD HENRY as administrator of SAML. WHITAKER Estate the following described tract or parcel of land the same being out of the South east corner of Wm. Price headright Survey Beginning on the north line of Wm. R. Garnett's 320 headright Survey on the east Bank of White's Creek Thence East (blank) rods on Garnett's north line to a post, the Same being on the line of the west strip of fence on the said Saml. Whitaker's farm  Thence North and a post  Thence west (blank) rods to White's Creek  Thence down said Creek to the Beginning containing thirty acres more or less and to be one half of 80 acres deeded to SAMUEL WHITTAKER by A. S. McAnder out of the Millican Price headright less the amount of land included in Whittaker's field…

 

Page 5

 

…out of the part purchased by BRITTEN from WHITHER and the Said BUFORD HENRY to make a deed to the above described tract of land and the said JOSEPH BRITTEN to pay the cost in this behalf expended and that execution issue.

 

 

Estate of WILLIAM DAVIS deceased

 

And now come GEORGE WHITE a commissioner appointed to lay off a home stead for the heirs of WILLIAM DAVIS deceased and make a report of the lands belonging to the Estate and asks for instructions from the Court as to what land shall be included in the homestead and the circumstances being fully considered by the Court it is ordered the following land be entered in the homestead having been entered as such 24 acres sold to Isaac Rhine  5 acres sold to T. W. Wyley  6 acres sold to Joseph Bledsoe 5 acres sold to Burrell Stiff  5 acres sold to Jenkins & D Aruoud (?) 13 acres sol to Stiff & Swell (?) & nearly 4 acres sold to Jenkins & Goodner and the said businesses proceed to lay off Said homestead.

 

Estate of W. B. SMOOT deceased

 

Now this day Comes F. J. VANCE & WM H. SMOOT Executors of the last will of W. B. SMOOT deceased and returned into Court an additional Sale Bill of property belonging to Said Estate Amounting to $181.00. Ordered by the Court that the Same be approved.

 

Estate of W. B. SMOOT decd.

 

Now  this day comes F. J. VANCE & W. H. SMOOT Executors of the Estate of W. B. SMOOT decd. and filed in this office a list of claims against said Estate which have been presented and allows (?) amounting in the aggregate to $1986.15. Which they represent as all the Claims offered up to this date & think perhaps that it is all that will be presented. Upon due examination by the Court Said list of Claims were approved.

 

Estate of WILLIAM DAVIS deceased

 

And now at this term of the Court upon the suggestion of SALLIE DAVIS Administratrix of WILLIAM DAVIS Deceased it is ordered by the Court that the personal property mentioned in the inventory be and the same is herby set aside to the said SALLY DAVIS surviving wife of said WM. DAVIS decd and to the children of Said DAVIS it being by law exempt from forced sale. It is further moved by the Court that the homestead of two hundred acres in so much thereof as had not been sold by the said WM. & SALLY DAVIS in his life be and the same is hereby set aside and confirmed to the said Surviving wife and Children and in a much as the metes and bounds of the said two hundred acres have not been fully ascertained ___…

 

Page 6

 

…by the Court that GEORGE WHITE be appointed to survey the same and return thereof at this term of this Court.

 

Minor Heirs of GEORGE LOVEJOY, Decd.

 

Now this day Comes JAMES H. LOVEJOY and prays the Court for the appointment of Guardian of the Estate of Z. A., P. E. & W. C. LOVEJOY, minor heirs of GEORGE LOVEJOY, deceased. It appears to the Court that said minors were over the age of 14 years and capable of choosing their own guardian. One of said minors appeared in open Court and made choice of the said JAMES H. LOVEJOY. And the Court being satisfied that the other 2 minors wished the appointment of said LOVEJOY as their guardian. It is ordered by the Court that said Prayer be granted and that said JAMES H. LOVEJOY be and is hereby appointed Guardian of the estates of said children.

 

Estate of WILLIAM DAVIS, Deceased

 

Now this day comes GEO. WHITE, a commissioners appointed by the Court to ascertain the amount of Land belonging to the estate of WM. DAVIS, dec. to lay off a homestead for the heirs of Said DAVIS. And having ascertained the situation of the lands in Said Estate and having asked and received further instructions from the Court presents to the Court the following description of the homestead set apart by your Commissioner, To Wit: Beginning at a post in the N line of a tract of 320 acres sold to G. A. WILSON by WILLIAM DAVIS from which the N E corner thereof on East For bears East 20 chains Thence North 21 chains 65 links to a post in Stallcup & Foots line Thence West about 6 ch 80 links there S W Corner Thence North about 17 chs 18 lks the S E Corner of a tract Sold to HARRISON STIFF Thence West 7 chs 50 lks to a post on a branch Thence up the Same with the Stiff’s S line to the N E Corner of a tract of 20 acres sold to DAVID STIFF Thence south 13 chs 72 lks his S W Corner Thence West…

 

Page 7

 

…31 chs 47 lks to the S W Corner of D. Stiff’s 23 acres Thence South about 7 chs to the S E Corner of a tract sold to GEO. WITTS Thence West therewith & with the S line of 20 acres sold S. R. CAMBELL (sic) 14 chs 64 lks to the N E Corner of a tract sold at Sheriff’s Sale to J. B. WILMETH Thence South 10 chains to the N W Corner of a tract sold to WILLIAM PATTERSON Thence east 6 chs 63 lks his N E Corner Thence South 3 chs 17 lks his SE Corner Thence East about 20 chains the N E Corner of McKinney Thence South 4 chs 27 lks the N W Corner of a tract sold to JESSE RHINE Thence East 9 chs 30 lks his N E Corner Thence North 4 chs 27 lks the N W Corner of Said 320 acres sold to G. A. WILSON Thence East therewith 46 chains and 70 lks to the Beginning. But there is to be excluded from the above boundaries about 13 acres Sold to R. JAMES, 5 acres sold to G. MARX, 3 acres sold to J. S. ROBINSON, 100 by 200 feet sold to G. M RADER, 100 feet Square sold to G. W. STAGGS and 353 links by 353 lks sold to T. RION and will there include 200 acres more or less and will include as instructed by the Court 5 acres sold to T. W. WYLEY, 5 acres sold to BURRELL STIFF, 5 acres sold to JENKINS & D Armend and Brown, 5 acres sold to JOSEPH BLEDSOE, 13 acres sold to STIFF & SWAN, 3 ¾ acres sold to JENKINS & GOODNER, and 24 acres sold to ISAAC RHINE. The Homestead includes all the unsold portion of said Estate represented in Map B of my Previous Report except 30 acres cut off from the Eastern portion there on East Fork. Ordered by the Court that Such Report be accepted and spread upon the Minutes.

 

Estate of WM. DAVIS deceased

 

Now this day Comes SALLY DAVIS, Administratrix of the Estate of WILLIAM DAVIS, Deceased and represents to the Court that there is no personal property which can be sold for the purpose of maintaining the three children of the Said WM. DAVIS deceased and that all the land belonging to Said Estate are encumbered with a lien upon them by a duly recorded judgment in favour (sic) of DICKSON & THROCKMORTON for the sum of three hundred and twenty Six dollars and return thereon from the 8th day of February 1861 and further that Said Children are in destitute circumstances and have no means except the land that has been set aside to your petitioner and these (?) out of which they can be supported that the said children are destitute of sufficient clothing and food besides means of their education. Petitioner asks that a part of the land set apart as the Homestead by the report of the Commissioner be sold for Cash on the first Tuesday in September the regular sale day for the purpose of raising means to relieve their present urgent necessities and that the said case (?) be done without material detriment to their Estate said Children now being in great need of the most ordinary necessities of life (?) for their sustenance. Petitioner would suggest that the following lott (sic) of land lying between five acres…

 

Page 8

 

…immediately west of Bledsoe's tract of 5 acres 2nd A tract of about 2 acres east of the above described tract of Joseph Bledsoe's. Beginning at the N E Corner of said Bledsoe's tract Thence east to the north line of the tract of Stiff & Swan  Thence South to the north line of the down donations (?) Thence west to said Bledsoe's S E Corner  Thence north to the Beginning. 34d about one acre lying East of tract No. 2 ____to enclose (?) all that portions of land lying East of said tract and west of the following E boundary line viz Beginning on the North line of the town donations at the S. W. Corner of a lot in the name of J. S. Robinson  Thence North to the NW Corner of a small lot of G. W. Staggs  Thence East to the n. E Corner of said Staggs  Thence north to the South boundary line of a lot in the name of T. Rhine. 4th A tract of about 2 acres beginning at the N E Corner of the last described tract and in the South boundary line of the T. Rhine lot  Thence South to the S. E. Corner of G. W. Staggs lot  Thence East to the N. E. of J. S. Robinson lot  Thence North to the South line of a lot of land in the name of Jenkins & Goodner  Thence West to the Beginning  5th A tract of land of about 4 acres Beginning in the South line of said Jenkins & Goodner being the N E Corner of Tract No. 4  Thence South to the north line of the town donation the S E Corner of the lot of J. S. Robinson  Thence East to the point in the town donation line S of the S E Corner of a tract sold to Stiff & Swann  Thence north to said S E Corner of Stiff & Swann  Thence west to the Beginning. Whereupon the Court after due deliberation ordered that the said Petition & prayer be granted and said several lots of land be offered for sale as prayed for.

 

Estate of D. M. CRUTCHFIELD Decd.

 

Now this day Comes S. BOWLBY Executor of the estate of D. M. CRUTCHFIELD decd. (& S. Bowlby being County Judge being by law unable to act in the premises. Therefore Came John Scott & John M. Rineals (?) two of the County Commissioners of Collin County.) and represents to the Court that a prior sale of the personal property of Said Estate a certain mare was inventoried and sold for $41 as the property of deceased by mistake which has since been proven the property of John Magner. Your petitioners would ask an order to sell other property to make up the deficiency for the loss of the sale of said mare. Also to sell all the personal property yet remaining to pay the debts & c[laims] of said Estate

 

                                                                                    S. Bowlby, J. C. C.

 

Page 9

 

State of Texas               County Court Collin County Texas

Collin County                             August Term 1868 Pertain to Estates

                        Met at the Court house in the town of McKinney August

                        31st 1868. Present

                                                            Hon. S. Bowlby County Judge

                                                            G. W. Patterson County Clerk

                                                            G. A. Wilson Sheriff

 

Estate of S. CHRISTIE decd.

 

                        Now this day came S. G. FURGERSON & RICHARD HOLLIDAY Executors of the Estate of S. CHRISTIE deceased and filed their Annual Report of the Conditions of Said Estate

                        Ordered by the Court that the same be and is hereby approved.

 

 

Estate of MATILDA WHISENANT, deceased

 

At this day Comes WM. WEAVER Guardian of the estate of MATILDA WHISENANT  and make his final report of the Conditions of his Ward's Estate and that his said ward has reached the years of majority and said Ward appearing in Court in person and it appearing to the Court that said final Report is in all things Correctly make out and said ward making no objections thereto it is therefore ordered by the Court that said report in all things be confirmed and that the guardian aforesaid deliver to his war the property named in said report after the Costs of management of Said estate and Court fees are paid by said Ward taking (?) the receipt of his said ward for the delivery of said property And that the Said Guardian be and he is hereby discharged from his trust.

 

Estate of J. B. LEE deceased

 

At this day Comes T. J. HALL admr. and BERETHA MANLY attys Admix of the estate of J. B. LEE deceased and files their Annual Report of the Condition of said Estate. Ordered by the Court that the same be approved.

 

Estate of MOSES SPARKS deceased

 

Now this day comes W. R. GULLY admr. of the Estate of MOSES SPARKS deceased and filed in the Court his annual report of the condition of Said Estate. Ordered by the Court that said Report be and is hereby accepted.

 

Estates of MOSES SPARKS Deceased

 

Now this day came W. R. GULLY Admr. of MOSES SPARKS decd and presented the Court a petition representing that there (?)…

 

Page 10 

 

August Term A. D. 1868

 

There is a certain tract of _______ in his possessions belonging to the said Estate to wit 3/8 of thirty acres which is the interest of the Estate should be sold. And prays the Court for an order to sell the same. Ordered by the Court that Said Admr. Proceed to Sell the same at the door of the Court house at the time prescribed by law after being duly advertised as the law directs on a credit of twelve months by the purchaser given good and sufficient surety to the acceptance of the said administrator.

 

Minor Heirs of W. D. SNAPP decd.

 

            Be it remembered that on this 31st day of August 1868 Came on to be heard the application of KATE J. SNAPP for the appointed of herself Guardian of the person and Estate of the three minor children of herself and W. D. SNAPP decd to wit ELLA SNAPP aged 16 years, LILLA SNAPP aged 14 years and JOSEPH SNAPP aged 12 years and it appearing to the Court that lawful notice of this application has been given by the Clerk of this Court and no objection being made to the application. It is therefore ordered by the Court that the said KATE J. SNAPP be appointed Guardian of the persons and Estates of the said minors upon her entering into Bond in the sum of Two thousand dollars with good and sufficient Sureties and taking the oath required by law and that letters of Guardianship be issue[d] to her according to law.

 

 

Minor Heirs of JAMES E. BRYANT Decd.

 

Now this day came THEODORE (?) E. WADDILL Guardian of the minor children of JAMES E. BRYANT deceased and represents to the Court that there is a certain perishable property belonging to said Wards that It would be to their interest to be sold. Therefore it is ordered by the Court that said Guardian proceed to sell said perishable property to wit: One waggon (wagon) all the cattle & Goats (?) and four bee stands, that after giving due notice as the law requires to the highest bidders on a credit of twelve months by the purchasers giving note with approved security.

 

Estate of ISABELLA WHISENANT a Minor

 

Now this day comes W. M. WEAVER Guardian of ISABELLA WHISENANT, a minor, & filed his Annual Report. Ordered by the Court that the said Report be approved.

 

Page 11

 

August Term A. D. 1868

 

Estate [of] WILLIAM WARDEN deceased

 

Now this day comes T. M. WARDEN by petition and represented to the Court that WILLIAM WARDEN died during the month of January last leaving no will and prays the Court to appoint him Administrator of the Estate of the said WILLIAM WARDEN deceased. And the Court being satisfied that due notice has been given by the Clerk and no objection being made by any person to said appointment.  Ordered by the Court that the said T. M. WARDEN be and is hereby appointed Administrator of the estate of the said WILLIAM WARDEN decd upon Entering into Bond & Security to the County Judge of Collin County in the Sum of three thousand dollars. And make the necessary oath prescribed by Law. And that J. Gray, R. Rike & __Mitchel be and are hereby appointed appraisers for said Estate

           

 

Estate of M. WHISENANT, a minor

 

Now this day comes W. M WEAVER Guardian of M. WHISENANT  and presented to the Court his final Report of the Condition of his ward's Estate. And also presents to the Court that his said ward has reached the years of majority and also prays the Court to be discharged from his trust.  Whereupon the said ward being present and making no objection but being well satisfied with the settlement of her guardian, and the Court being satisfied that the said guardian has well and truly discharged all his duties as such guardian. It is therefore adjudged & decreed by the Court that Said Guardian be discharged from his trust and said Guardianship be closed.

 

Estate of WILLIAM SIMMONS deceased

 

 

Now this day Comes A. R. DICKSON Admr. of the Estate of WM. SIMMONS decd. and represents to the Court that the farm belonging to said estate will soon be without a tenant and prays the Court by a permit to lease the same at private contract with a condition that a portion of the rent be applied to keeping the farm in repair. Ordered by the Court that said prayer be granted. And that the said Admr. Proceed to lease the said farm to the best advantage for the interest of Said Estate.

 

Page 12

 

August Term A. D. 1868

 

Estate of JOHN PEW Deceased

 

At this day comes JOSHUA GTOCHER Admr. Of the estate of JOHN PEW deceased and represent to the Court that here is a necessity for the Sale of property of said Estate for the payment of debts & c[laims]. Your petitioners therefore prays for an order of Court for the Sale of so much of the personal property of Said Estate to pay the debts of said estate on a Credit of Six months. Ordered by the Court that the Said prayer be granted, and that the said Admr. Proceed to sell sufficiency of personal property to pay the debts due against said Estate.

 

Estate of ROBT. T. SPEARMAN decd.

 

And now this day comes G. A WILSON Admr. of R. T. SPEARMAN deceased and makes his report of the Sale of land belonging to said Estate ordered to be sold at the December Term 1867 of this Court and the Court having inquired into the manner in which said Sale was made, and being satisfied that the same was fairly made and in Conformity with law, It is therefore ordered and decreed that said Sale be in all things Confirmed and Said report by the Clerk of this Court duly recorded. And it appearing from Said report that ADDISON WILSON became the purchaser of the undivided and half interest in and to the following described real estate to wit a certain tract of land lying in the S. E. Corner of Collin County on the waters of Sabine River being a part of the Osgood Survey in the N. E. Corner of said Survey. Commencing at the n. E. Corner of said Survey running South 316 3/4 poles to Chism's Corner in said Survey thence West 243 poles thence N to the N Boundary of said Survey thence East to the beginning. Containing 489 acres less 140 acres deed to Morris by Collins and Spearman. And it further appearing that Said ADISON WILSON is a Judgment Creditor of Said Estate of ROBERT T. SPEARMAN for the sum of 706.55 Dollars and that he bid the Sum, of thirty dollars a part of said judgment allowed in the District Court of Collin County on said interest in above described land. It is therefore ordered that Said GEORGE A. WILSON Administrator as aforesaid execute and deliver to said ADDIOSN WILSON  a good deed sufficient deed to all the right title and interest of said ROBERT T. SPEARMAN decd. and to the said described land.

 

Page 13

 

August Term A. D. 1868

 

Estate of JOHN PATTERSON decd.

 

Now this day comes JAMES PATTESON (PATTERSON) admr of JOHN PATTESON deceased and represents that all the debts own to exist against Said Estate have been paid and that all the property of said Estate has been partitioned and distributed among the heirs of said estate as full appears from the papers on file of said estate. And as that there is remaining nothing of Said estate in my hands and that the same has passed into the hand of the legal heirs thereof and therefore pray that an order be granted discharging him from the succession.

 

Ordered by the Court that Said pray be granted and that the Succession be closed.

 

Estate of THOMAS BRUCE deceased

 

Now this day comes JEMINA FURR administratrix of THOMAS BRUCE deceased and represents to the Court that in obedience to the order (?) heretofore Granted by this Court She exposed for sale on the first Tuesday in September A. D. 1868 The said tracts of land described in said order, which said several Tracts of land was sold on a credit of 12 month for notes of purchase money at 12 months credit with good security and retaining a lien on said land as additional security.

            Ordered by the Court that said sale be approved and that all things pertaining to said sale be confirmed and hat said Bill of Sale be placed on record of Estates by the Clerk and that the administratrix JEMIMA FURR make the necessary conveyance to purchasers of the respective described lots of land in said returns set forth.

 

Estate of WM. DAVIS deceased

 

At this day comes SALLIE DAVIS administratrix of WILLIAM DAVIS deceased and make her return of the land sold in pursuance of an order of the Court on the 1st Tuesday in September A. D. 1868 within the legal hours after advertising the same at three public places in Collin County one of which was at the Court house door by posting up notices at said place of the terms and place and terms of said sale offer the same for sale. Ordered by the Court that said Sale be approved. And that all things pertaining to said sale be confirmed and that Said Sale Bill Report of sale be place in record by the Clerk of this Court and that the administratrix SALLIE DAVIS make the necessary ______said lots of land in_______ described as tract No. 1, 2, 3, 4 & 5 to the purchasers thereof ___________.

 

Page 14

 

August Term A. D. 1868

 

Estate of the Minor Children of GEORGE LOVEJOY decd.

 

And now at this term of Court appeared MRS. POLLY TURNER the former widow of GEORGE LOVEJOY dec. who had been duly cited and upon a full personal and explanation of the action of the court at the last term thereof appointed J. H. LOVEJOY as the guardian of her minor children by the said GEO. LOVEJOY, decd. and the appointment of appraisers also to act as Commissioners to divide Said Estate between her and the other heirs thereof. She fully consented to the same proceedings of the Court in the premises. Whereupon it is hereby ordered by the Court that the Said Commissioners T. T. BRADLEY, W. HARRIS, I. M. BENGE, SAMULE TERGUSON & GEORGE WHTIE proceed to divide the Community Estate first equally between the said MRS. POLLY TURNER and the other heirs of the said GEORGE LOVEJOY deceased. And second to divide the portion of the said Heirs Equally between them to wit. JOHN L. LOVEJOY who is an adult heir and Y. A. LOVEJOY, P. E. LOVEJOY and W. C. LOVEJOY, minors. The Said Commissioners and appraisers will consider all the Real Estate as Community property and such Stock Cattle or horses if decended (descended?) from Community property, as Community property and if decended (descended?) from separate property as separate property. ____ by order of the Court.

 

Estate of WILLIAM DAVIS deceased

 

At this day comes SALLY DAVIS Admr. of WILLIAM DAVIS deceased by her attorney and represent to the Court that there is a necessity to sell the real Estate of said WM. DAIVS Deceased So as to pay off the debts of said estate and the cost of administration which will probably be One hundred and fifty dollars. And upon all the real Estate (there being no person property of said Estate to be sold) belonging to said Estate there is a judgment liens in favor of Throckmorton & Dixon which is given in the list of claims following which have been allowed against the estate of the said WM. DAVIS dec. 1st $33.56 in favor of Galletin Searcy June 27  2nd $33.56 in favor of E. T. Berry 3rd $14.00 in favor of Thos. W. Wylie July 7th 1868  4th $336 in favor of J. W. Throckmorton & J. Dixon accepted June 8th 1868  The last claim bears interest at 8 per cent from the 8th day of February 1861 and __ a…

 

Page 15

 

August Term A. D. 1868

 

…recorded judgment and been on all the real estate of the said WM. DAVIS deceased and that there is a Suit pending against the estate in form of J. B. Benton change 640 acres of land Petition asks that the tract lying east of the homestead contain 32 acres be sold in five lot and that the tract of 20 acres gains from JOHN E. EASTON be sold in tracts of 10 acres each and that the tract of 61 1/2 acres be sold in lots of 15/2 28 & 18 acres. Each to suit purchasers. Ordered by the court that said petition be approved and an order be made to sell the lands described in the above petition at such times & in such manner as is prescribed by law.

 

Estate of THOS. B. MORGAN Decd.

 

Now this day comes the S. B. DICKSON Admr. of THOS. B. MORGAN deceased and represents that since the filing of the inventory of Said Estate certain property has come to his knowledge belonging to said Estate and asks that ____ Commissioners be appointed to appraise said portion of the Estate.

 

Ordered by the Court that GEO. WHITE, J. O. STRAUGHAN & J. TARVIS be appointed appraisers as aforesaid.

 

Estate of THOS. B. MORGAN Dec.

 

Now this day Comes S. B. DICKSON Admr. of THOS. B. MORGAN, deceased and filed in this Court his Special inventory.

 

Ordered by the Court that said inventory be approved and placed on Record by the Clerk.

 

Estate of W. M. SATTERWHITE dec.

 

Now this day Come  __ H. ANDREWS admr. of the estate of WM. M. SATTERWHITE decd and asks the Court for an order to sell all the real Estate of Estate to pay the debts of said Estate and the Court Charges said property described as follows to wit: The undivided 1/2 of Lot 96 in Block No. 14 in the Town of McKinney and one hundred feet square out of the Wm. Davis survey & located near the north line of the Donation of the town of McKinney.

 

Ordered by the Court that said prayer be granted and that the Admr. aforesaid proceed to sell said real Estate at such time in such manners as is provided by Law.

 

Page 16

 

August Term A. D. 1868

 

Estate of H. H. GOSSEM Deceased

 

Now this day Comes ANGELIAN MAUN (formerly ANGELIAN GOSSEM) and represents that the property on which she lives includes the store house mentioned in the inventory is not worth the Sum of two thousand dollars and asks that said lots on which the Dwelling house & Store house are Situated be set aside to herself and child, a minor, and heir of H. H. GOSSEM.

 

Ordered by the Court that the above application be rejected and that the Admr proceed to sell the Storehouse as per a former Order of this Court.

 

Estate of HENRY COOK Decd.

 

In the matters of the administration ELIZABETH COOK having filed her final report of the settlement & distribution of said Estate and asks for a final discharge from the Administration. It is ordered by the Court that the notice required by law be given for twenty days in a new paper published in the town of McKinney notifying all persons interested that at the next term of the Probate Court of this County that the Final Account of the administration of Said estate will be examined and acted upon.

                                                                                    S. Bowbly

                                                                                                Judge C. C.

 

Page 17

 

September Term A. D. 1868

 

State of Texas   County Court Collin County, Texas

Collin County                 Pertaining to Estates Met at the Court House in the town of McKinney On the 28 day of September A. D. 1868.

                                    Present             S. Bowlby, County Judge

                                                                        G. W. Patterson, Clerk

                                                                        G. A. Wilson, Sheriff

 

When the following proceedings were had.

 

Estate of M. E. & J. E. MALLOW, Minors

Now this day came MRS. O. E. BIRD, Guardian of M. E. & J. E. MALLOW, minors. And represents to the Court that It is necessary (?) that she have some money as guardian of here said minor children from the Estate of her deceased husband JOHN MALLOW for the purpose of paying Court fees & School bills for said minors. And asks that an allowance of fifty Dollars be made for said purposes. And that the administrator of M. MALLOW, Deceased be ordered to pay said petitioner the sum of fifty dollars, which shall be a voucher to him against the heirs of JOHN MALLOW, deceased.

 

Ordered by the Court that said prayer be granted and that the said Admr. of the said. M. MALLOW proceed to pay said Guardian the said sum of fifty dollars if said sum of fifty dollars is due said heirs of JOHN MALLOW Deceased.

 

Estate of J. W. & P. R. WEAR, Minors

 

Now this day Comes H. F. WEAR and represents to the Court that there is moneys due and Coming to two of his minor Children to wit JOHN WILLIAM & PETER REA WEAR & It is necessary that there should be a guardian appointed for said Children. And prays that he be appointed Guardian of said minors.

 

Ordered by the Court that Said prayer be granted and that Said War be and is hereby appointed Guardian of said Minor Children by giving Bond in the Sum of $700. And that letters of guardianship be granted him.

 

Estate of A. F. SMITH, a minor

 

Now this day comes J. J. SCOTT, guardian of the person & Estate of A. F. SMITH and makes his final report of the Condition of his Ward's Estate. And that his said ward had reached the years of Majority. And said ward appearing in open Court in person and it appearing to the Court that said final Report ___ all things Correct made out and said Ward makes…

 

 

Page 18

 

…makes no objection thereto. It is therefore ordered by the Court that Said report in all things be confirmed and that the guardian aforesaid deliver to his said ward the funds in his hands as of any after paying the Court Charges Due against said ward's estate. And that said Guardian be and is hereby discharged from his trust and said guardianship closed.

 

Estate of A. J. MARSHALL, a Minor

 

Now this day Came into Open [Court] A. J. MARSHALL a minor and prays the Court to appoint PERRY MARSHALL to act as guardian of his property during his minority. Whereupon It is ordered by the Court that Said prayer be granted and that the Said PERRY MARSHALL be and is hereby appointed guardian of the Estate of A. J. MARSHALL a minor upon his giving bond in the Sum of Six hundred Dollars. And making the necessary oath prescribed by law.

 

Estate of JOHN PEW Deceased

 

Now this day Comes JOSHUA PANTHER Admr. of the Estate of JOHN PEW deceased and presented to the Court an additional Sale bill for said Estate. Ordered by the Court that the same be approved And in all things Confirmed and that the Clerk place the same on record.

 

Estate of JOHN PEW deceased

 

Now this day Comes JOSHUA GOTCHER Admr. of JOHN PEW decd. by petition and represents to the Court that there is still a deficiency of proceeds to pay the indebtedness of Said Estate and the Court charges and asks the Court for an order to sell the remainder of the property of Said estate __ (consisting?) of Farming utensils,  household kitchen furniture and stock cattle. And __ presents (?) that Said Stock Cattle are Located that it will cost the estate much money to Collect them and prays that the mark & brand of said Stock may be sold (?).

 

Order by the Court that the Same be approved and that the administrator to sell as prayed for.

 

Page 19

 

September Term A. D. 1868

 

Estate of C. T. FOX & wife

 

Now this day Comes FRANCES FOX TURNING wife of C. T. BOX deceased and represents tot he Court that she had filed an inventory of the Community estate of herself and deceased husband as she then believed embracing all the Community Estate but that she has since learned that the entire Estate remaining is Community property all being accumulated after marriage. And asks that appraisers be appointed make inventory and appraisement of said property that it may be added to the original inventory of Community Estate and that she may have entire Control of the Same.

 

Ordered by the Court that Said petition be approved and that G. S. BACCUS, JAMES COLEMAN & W. G. BARNES be and are hereby appointed appraisers of said Estate.

 

Estate of SAMUEL WHITAKER, decd.

 

Now this day Comes BURFORD HENRY admr. of S. WHITAKER decd. and presented to the Court an inventory and appraisement of the property of said Estate. Ordered by the Court that the Same be approved and place upon record by the Clerk.

 

Estate of MARTHA MARSHALL Deceased

 

It appearing to the Court that the last will and Testament of MARTHA MARSHALL decd. late of Collin County has at this term been produced in Open Court by J. L. LOVELADY executor thereof and no objections thereof behind made, the same has been proven according to Law by JOHN SPURGIN, one of the subscribing witnesses thereto. And it appearing to the satisfaction of the Court that Said will is in due and legal form. And that the said J. L. LOVELADY executor as aforesaid had made and filed his application as required by Law for letters testamentary, there to be granted to him, at present term of the Court. And lawful Notice thereof has been given to which no objection has been made. It is therefore ordered by the Court that the Said last will and testament of said MARTHA MARSHALL deceased by admitted to record. And that letters testamentary thereof be granted to the said J. L. LOVELADY, he having first taken the required oath and given bond as the law directs in the Sum of five hundred Dollars.

 

Page 20

 

September Term 1868

 

Estate of HENRY COOK, Deceased

 

Now this day Comes SARAH COOK, Administratrix of the estate of HENRY COOK Deceased and represents that the estate of her intestate has been fully administered and all the debts paid, that the heirs have all became of full age and all the l property belonging to Said estate has been distributed among the heirs. She represents that there is none of the property belonging to Said Estate now in her hands. Wherefore she prays that She may be discharged from the Administration of Said Estate.

 

Whereupon the Court after due examination of the final Report and the vouchers [on?] file in this Court (?) And being Satisfied that Due notice has been given in a newspaper published in the town of McKinney for the two prescribed by Law. And that all things have been done as reported in Said Final Report, It is ordered by the Court that Said Administratrix be and is hereby discharged from the further duties of such administration upon paying the Court Charges & Costs of publication of Notice and after which Said Succession be closed.

 

Estate of the Heirs of GEORGE PHILLIPS Decd.

 

Now this day comes H. SHIELDS Guardian of he estate of the minor children of GEORGE PHILLIPS deceased and filed his Annual Report of the Condition of said Ward's Estate.

 

Whereupon the same is approved by the Court.

 

 

JAMES WILSON assignee

Of ISAAC A. HANNAH

 

Vs.

 

ROUNTREE & ROUNTREE EX. & Exr.

Of M. S. BECK decd.

 

Now this day Comes JAMES WILSON assignee of ISAAC A. HANNAH and represents to the Court that he purchased a certain Bond From ISAAC A. HANNAH Given to R. W. CARPENTER by MANLY S. BECK now deceased. Said Land was transferred by ROBERT W. CARPENTER to I. A. & J. A. HANNAH and from I. A. HANNAH to the petitioner and further that the Said HANNAH Sued (?) out of the Clerk's offico a scire Facias Against Said Executor & Executrix of the estate of MANLY S. BECK deceased to show Cause why said deed should not be made requiring the said Executor and Executrix of Said Estate of MANLY S. BECK to make to the said JAMES WILSON (your petitioner) a deed for the premises described in said Bond. Whereupon the Court after due examination of the said Bond Given to R. W. CARPENTER and assigned by him to I. A. HANNAH & J. C. HANNAH & by the Said I. A. HANNAH and to the JAMES WILSON and also the petition filed by the said I. A. HANNAH

 

Page 21

 

…Claiming and setting forth that he is the legal owner of said Bond with his prayer for deed as set forth by the said JAMES WILSON. Therefore it is ordered adjudged and decreed by the Court that the said Executor & Executratrix (sic) proceed to make a good and Sufficient deed of Conveyance to the said JAMES WILSON his heirs or assignees for the tract of land Set forth and described in Said Bond. Vis. Situated in the County of Collin on the Waters of Rowlet's Creek, a tributary of East Fort of Trinity River and being a part of the headright survey of 320 acres which was made by virtue of his headright certificate granted by THOMAS W. WARD Comr. For Peters Colony and beginning at the north East Corner of said Survey and running from thence West fifty two poles Thence South 32 poles  Thence East fifty two poles Thence North thirty two poles to the place of Beginning. And ______ is further ordered and decreed that all the right title and Estate Shall be vested in the said JAMES WILSON And out of the Estate of the said MANLY S. BECK and that the Cost of this presentation Shall be taxed with the Cast & paid by said Estate.

 

 

Estate of JAMES MODE deceased

 

Now this day comes BUFORD HENRY, Adm. of the Estate of JAMES MODE and returned into Court a statement of the business of Williamson (?) & Co. composed of JOHN WILLIAMSON (?), HENRY OTENHOUSE and JAMES MODE. Which said Statement was approved by the Court.

 

Estate of L. ADAMSON, deceased

 

This day comes LARKIN ADAMSON Administrator of the Estate of L. ADAMSON deceased and filed his annual Report of the condition of Said Estate. Ordered by the Court that the same be and is hereby approved.

 

Estate of the Minor Heirs of JOHN BACCUS decd.

 

And now comes ANN MARSHAL for herself & as guardian of GODFREY S. & ERASMUS BACCUS¾and prays the Court for a decree of partition between herself the surviving wife and ERASMUS S. & GODFREY S., minor children of herself and JOHN BACCUS desc. of Community property belonging to said Estate. She also represents that she has settled all the debts against said Estate and has filed her bona as natural Guardian of said minors GODFREY S. & ERASMUS BACCUS and that there is no obstacle in the way to prevent the legal division and partition of said Estate as prayed for and asks that Commissioners be appointed as required by law and for all the orders and decrees _____…

 

Page 22

 

Sept. Term

 

…premises necessary to carry this petition into effect. Ordered by the Court that said prayer be granted and that Mc____ HAVENS FINLEY & MOSES MOORE be and are hereby appointed said Commissioners and report the same according to Court.

 

Estate of JOHN MARSHALL Deceased

 

At this time comes W. P. MARSHALL executor of JOHN MARSHALL deceased And asks the Court for the appointment of three commissioners to distribute and divide the Community property of JOHN MARSHALL decd. and MARTHA MARSHALL deceased and to set apart to the petitioner as the representative of the Estate of Said JOHN MARSHALL one half of Community property and one half of the Said Estate to J. L. LOVELADY the representative of the Estate of (?) Said MARTHA MARSHALL decd. To wit: 1 pair Check lines, 2 augers, 4 hogs & 11 Shoats & one sow & one sow & Pigs, 4 three Year old Cattle, Six milk Cows, three yearlings, 2 mules, 2  3 year old Cattle, 2 one year old Colts, one bed.

 

20 gallon Stone ware, 1 table, 9 Bee stands, 1 cultivator, 14 geese, 1 set of plates, 1 sett (set) cups & saucers, 1 sett (set) knives & forks. Ordered by the Court that Said prayer be granted ant that J. W. FRANKLIN, McJ BAYSE (?) & JOSEPH STAMPSON be and are hereby appointed Said Commissioners who shall represent the same according to Law. The above appointed Commissioners are hereby auth