Page 451
…HOLDEN WALTERS be and he is hereby appointed Guardian Ad litum to represent them the said minors in the partition & distribution of said Estate.
Issued.
It having appeared to the satisfaction of the Court that ISAAC N. WALTERS and ELIZA WALTERS as heirs and distributes of the estate of DAVID VANWINKLE deceased are jointly entitled to ¼ part of a League & one Labor of Land belonging to said Estate, laying in Collin County on the Pilot Grove Creek in two separate tracts, one containing 1/3 of a League the other containing 2/3 of a League and one Labor and that one DAVID STINSON is the owner of one half of said Lands, he having p[purchased RHODA WALTERS’ and SUSAN HOYLE’S interests who were daughters of said VANWINKLE dec. the other ¼ belongs to ISAAC N. FOSTER, JOSEPH FOSTER and CHARLES WYSONG who have purchased the interest of ELIZABETH MAIN (MANN?) who was also a daughter of said DAVID VANWINKLE dec.
Therefore it is ordered by the Court that GEORGE WHITE, AMOS WILKS and MALICHI COX and JESSE PACE be and they are hereby appointed commissioners to make partition and distribution of the Estate of DAVID VANWINKLE dec. as above set fourth (sic) and that a Writ of partition and distribution issue commanding them to proceed forth with to make said petition and distribution & make return thereof to the Court as the Law directs in such cases.
Issued.
The state of
The Hon’l
County Court of Collin Co.,
Present: Hon’l H. Jamison, C. J.
R. Fitzhugh, Sheriff
By D. Howell, Deputy
John L. Lovejoy, Clk.
It is ordered by the Court that J. H. HARBERGER be
and he is hereby appointed administrator De Bonis Non for the Estate of JOHN
Page 452
…as such administrator, that Letters of Administration issue to the said HARBERGER as administrator aforesaid.
Issued.
It is ordered and decreed by the Court that J. H.
HARBERGER Administrator De Bonis Non of the Estate of JOHN McGARRAH
deceased, offer at Public auction or outcry at the Court House door in the Town
of
Commencing at the North West corner of a survey of …acres of Land belonging to GALLATTIN SEARCY out of said tract, Thence North from said corner of said Searcy survey, due North with the original line to the North West Corner of said original survey. Thence East, South and West to the beginning for quantity. Said sale to take place on the first Tuesday in August 1853, it being the …day of said month.
The terms of said sale to be on a credit of Twelve Months with Bond and approved security.
Issued.
It is ordered that Court be adjourned until next regular Term.
H. Jamerson,
Chief Justice C.C.
State of
Be it remembered that the County Court met on the 25th day of July (sic) A. D. 1853 for the transaction of Probate Business.
Present: Hon’l H. Jameson, C. J.
R. Fitzhugh, Sheriff
By D. Howell, Deputy
And John L. Lovejoy Clk.
At this day came WM. C. RENO (RAINO?), admr. of the Estate of JOHN C. LEACH dec. and filed an appraisal….
Page 453
…Bill of the property belonging to the aid Estate.
It is ordered by the Court that WM. C. RAINS administrator of the Estate of JOHN C. LEACH, dec. proceed to sell at public outcry at his residence on the 19th day of August 1853, all the personal property belonging to said Estate, first giving tew (sic-two) days notice of the same, on a credit of twelve months.
It is ordered that Court adjourn until the next regular Term.
H. Jamison, Chief Justice C. C.
August Term 1853.
State of
Be it known that the Hon’l County Court of Collin County, Texas met on the (5) fifth, and last Monday in August A. D. 1853.
Present: Hon’l Harrison Jamison, C. J.
R. Fitzhugh, Sheriff
John L. Lovejoy, Clk.
At this day came J. H. HARBERGER, De Bonis Non of the Estate of JOHN McGARRAH dec., have made report of certain Land sold (by him as admr.) belonging to the Estate of Jno. McGARRAH dec’d and it have appeared that J. H. HARBEGER Administrator De Bonis Non of the Estate of JOHN McGARRAH deceased, has sold in accordance with Law, and the former order of this Court, 100 acres of Land belonging to said Estate, and made report as the Law directs, the same being duly sworn to and examined.
Therefore, it is decreed by the Court that said sale be and the same is hereby ratified and approved and ordered to be reduced to recorded It is further ordered that said Administrator upon the purchase of said Land, giving Bond and approved security for the purchase money thereof, that he, said administrator, proceed to make unto the said purchasers thereof a good and sufficient title to the same.
It is ordered by the Chief
Justice that Court be adjourned until Tomorrow morning
State of
Be it known that the County Court…
Page 454
…met pursuant to adjournment for the transaction of Probate Business.
Present:
Hon’l H. Jamerson, Chief Justice
R. Fitzhugh, Sheriff [note scratches over this writing as if scratching out]
John L. Lovejoy, Clk.
At this day come MOSES JONES administrator of the Estate of ALLEN DANIEL deceased and exhibits his annual report according to Law, which report is received and ordered to be filed.
August Term 1853.
It is ordered by the Court that MOSES JONES proceed to pay all claims legally presented to him upon the Estate of ALLEN DANIEL deceased, he being the Administrator of said estate, so far as he has means in his hands so to do (belonging to said Estate).
It is ordered that Court be adjourned until next regular Term.
h. Jamison
Chief Justice C. C.
September Term, 1853.
State of
Be
it known that the county court of
Present: Hon’l H. Jamison, C. J.
Robt. Fitzhugh, Sheriff
And John L. Lovejoy, Clerk
Wm. Beverly l
George
Fitzhugh l
It is ordered by the Court that Letters of Administration be granted to JOHN M. KINCAID upon the [Estate] of JOSEPH SLATER deceased, late of the County and State aforesaid upon his giving Bond with approved security for the faithful performance of his duties as such administrators.
Issued
Page 455
At this day came WM. C. RENO admr. of the Estate of JOHN C. LEACH, deceased, & made report of a certain Estate belonging to said deceased, sold by him under an order of this court, said sale including all property belonging to said Estate.
At this day came H. JIMERSON Admr. of the Estate of LANSDON CLARK deceased, and made his yearly report according to Law, which report was received by GEORGE FITZHUGH and WILLIAM BEVERLY two (Co. Coms.) acting in the place of said Jimerson, he being disqualified to act upon the same.
It is ordered by the court that one hundred and seventy
three dollars and fifty cents be allowed the widow of LANCON (sic)
George Fitzhugh l County
William Beverly l Commissioners
It is ordered by the Court that the administrator of the Estate of LANDSON CLARK decd., proceed to sell 640 acres of Land situated in Denton county on Little Elm Creek, including a Water Saw Mill on said tract, on a credit of twelve months with approved security on the 1st Tuesday in May A. D. 18543.
Geo. Fitzhugh
Wm. Beverly
At this day came GEORGE H. PEGNES Admr. of the estate of JOHN CLAY deceased and made his annual report, which is received by the Court.
It is ordered that Court be adjourned until the next Regular Term.
H. Jimerson, C. J. C. C.
State of
Be
it known that the County court of
Page 456
…A. D. 1853 & Last Monday in said Monday for the transaction of Probate Business.
Present:
Hon’l H. Jamison, C. J.
Robt. Fitzhugh, Sheriff
John L. Lovejoy, Clk.
J. J. Harrison Dept.
It is ordered by the court that JOHN COFFMAN, JOHN LACKEY & JAS. H. WILCOZ be and they are hereby appointed appraisers to praise the property of JOSEPH SLATER deceased.
Issued.
Ordered by the court that Letters of Guardianship be granted to ELIZABETH ANN SMITH for her minor son, WILLIAM S. McNEAL.
Ordered by the Court that J. H. HARBERGER administrator de Bonis Non of the Estate of JOSEPH B. RORBERTS deceased, have leave of absence for four months from the 19th day of November next.
Issued.
Ordered that the Court adjourn until the next Regular Term.
Harrison Jamison,
Chief Justice C. C.
State of
Be
it known that the County Court,
Present:
Hon’l H. Jamison, C. J.
R. Fitzhugh, Sheriff
John L. Lovejoy, Clk.
At this day came GALATIN SEARCY praying that Letters of Administration pro tem be granted to him upon the estate of SAMUEL BROWNING deceased having given Bond and approved security for the faithful performance of the duties incumbent on him as such admr.
Page 457
Therefore it ordered by the court that Letters of Administration pro tem be issued unto said SEACY conferring upon him the power to obtain an unconditional certificate upon a conditional certificate issued to thee said browning deceased by the board Land Coms.
Co. No. for 320 acres of Land
Issued.
It is ordered that court be adjourned until 1o’ck P. M.
H. Jamison
Chief Justice C. C.
The State of
To all to whom these present may come.
Know ye that GALLATIN SEARCY has [this] day been appointed administrator pro tem upon the Estate of SAMUEL BROWNING deceased, having given Bond and approved security for the faithful performance of his as such admr.
These are therefore to authorize the said SEARCY to obtain upon a conditional certificate issued to the said BROWNING by the Board of Land Coms…Co. date day of …A. D. 18…for 320 acres of Land, an unconditional certificate and to locate the same according to Law, and make full report of all his proceedings in the premises. Given under my hand.
Harrison Jamison
In attestation whereof I hereunto set my hand and seal of office at office this Nov. 28th A. D. 1853.
L. S. John L. Lovejoy
Clk. C. C. C. Tex.
I certify that the original of the foregoing record was filed for record in the minutes of the Probate Court on the 28th day…A. D. 1853, at 1 o’ck. P. M.
Attest: John L. Lovejoy, Clk.
It is ordered that court be adjourned until next regular Term.
H. Jamison
Chief Justice
Page 458
State of
Be it known that the County Court of Collin County, Texas met on the 26th day of Decr. 1853 & Last Monday in said month for the transaction of Probate business.
Present: H. Jamison, C. J.
R. Fitzhugh Sheff.
By J. H. Lovejoy, Deputy
John L. Lovejoy Clerk
At this day came ROBERT
FITZHUGH and made application for Probate of a Will made by GABRIEL
FITZHUGH decd. Late of Collin County, State of
The Court being satisfied that the proper notice has been given of the filing of application as in such cases made and provided & a sufficiency of witnesses being present, said Will is hereby admitted [to] Probate as required by Law. Said Will being duly authenticated by affidavit & filed for rerecord.
At this day came JOHN SPEERS, senior, and made application for Probate of a Will made by JOHN SPEERS, Junior decd., late of said County and State.
The Court being satisfied that proper notice given, and a sufficiency of subscribing Witnesses to said Will being present, said Will was admitted to Probate by affidavit of witnesses thereto & filed for record.
At this day came GEORGE McGARRAH by petition praying for Letters of Administration upon the Estate of JOHN MANNING deceased. Having given Bond with approved security therefore it is ordered by the Court theta Letters of Administration issue to said GEORGE McGARRAH as admr. of Sd. Estate.
Issued.
At this day came GALLATIN SEARCY by petition paying for Letters of Administration on the Estate of SAMUEL BROWNING dec….
Page 459
Having given Bond with approved
security, therefore it is ordered by the court that Letters of Administration
issue to
Issued
It is ordered by the Court that JOHN
M. KINCAID administrator of the Estate of JOSEPH SLATER deceased,
proceed to sell at public Sale one Land Warrant No. 16, 381, for 169 acres of
Land issued to JOSEPH SLATER by the Government of the
JAMES T. ROBERTS Est.
It is ordered by the court that F. J. VANCE of
Issued
It is ordered by the Court that it adjourn until next regular Term.
H. Jamerson, C. J.
State of
Collin County County Court Collin County Jan. Term A. D. 1854.
Be
it known that the
Present: Hon’l
Robert. Fitzhugh, Sheriff
By Jas. H. Lovejoy Deputy
John L. Lovejoy, Clerk
At this day came GEO. H. PEGNES administrator of the …[estate of] C. E. F. BOYER dec. and made yearly report of his proceedings in said Estate. Received and ordered to be filed among the papers of said Estate.
At this day came ANN FISHER the guardian…
Page 460
…JAMES FISHER one of the children of JAMES FISHER deceased and makes final report. The said JAMES FISHER being of lawful age, which report is herby received by the Court and said ANN FISHER released of her guardianship. Said report ordered to be filed for record.
It is ordered that court be adjourned until Tomorrow Morning
H. Jamison, C. J.
State of
Collin County County Court, Collin Co., Jany. Term A. D. 1854.
Be it remembered that the County Court of Collin County, Texas met pursuant to adjournment on the 31st day of Jany. A. Dd. 1854 for the transaction of Probate Business.
Present: Harrison Jamerson, Chief Justice
Robt. Fitzhugh, Sheriff
By James H. Lovejoy, Deputy.
John L. Lovejoy, Clerk.
At this day came JOHN M. KINCAID admr of the Estate of JOSEPH SLATER deceased and made report of the sale of Land Warrant, No. 16,381 which sale was ordered by the Hon’l. Probate Decr. Term 1853. Which report being examined by the Court, is approved and ordered to be filed for record.
It having appeared to the court that sale of Land Warrant No. 16,3812, was made in accordance with Law and the order of this Court by JOHN M. KINCAID Admr. of the Estate of JOSEPH SLATER dec. therefore it is decreed by the court that the sale of land Warrant No. 16, 381, and the account of said sale be confirmed & that it be recorded by the Clerk of said Court in the records of said Court, and that the said JOHN M. KINCAID, Admr. of the Estate of JOSEPH SLATER make unto the purchaser thereof (viz) THOMAMS J. McDANIELS, a transfer or conveyance of said Land Warrant.
J. T. ROBERTS Estate
At this day came the Commissioners appointed to make partition and distribution of the Estate of…
Page 461
…JAMES T. ROBERTS deceased among the heirs of said ROBERTS and make a full report and exhibit of the same which partition and distribution is confirmed and ordered to be filed for record.
It is ordered that Court be adjourned until next Regular Term.
H. Jamerson, C. J.
State of
Collin County County Court Collin County, Special Term A. D. 1854.
Be it known that the County Court of Collin County met in Special Term on the 18th day of Feb. A. d. 1854, for the transaction of Probate Business.
Present: Hon’l H. Jamerson, C. J.
Robt. Fitzhugh, Sheff.
By Jas. H. Lovejoy, Deputy
John L. Lovejoy, Clerk.
State of
Whereas it appears by the Claims presented & allowed that the estate of JOHN BARTRAM deceased, that said Estate is indebted to its various creditors in the sum of ($364.27) three Hundred and Sixty four dollars and twenty seven cents, and, whereas the only available means out of which to pay said debts is a draft on the Treasury of the United States for $417.12/100.
Now know all men that theses are to authorize JACOB BACUS Administrator of the Estate of said BARTRAM to sell at private sale said Treasury Draft, and the said sale is not to be made except cash vale of said Draft. Issued.
It is ordered that court adjourn until next regular Term of the Court.
H. Jamerson, C. J. C. C.
State of
Collin County County Court, Collin Co., Feb. Term, A. D. 1854.
Be it known that the County court, Collin County, Texas met on the 27th day of Feb. A. D. 1854, it being the Last Monday in said Monday (sic-Month] for the transaction of Probate Business. Present: Hon’l H. Jamerson…
Page 462
… Chief Justice
R. Fitzhugh, Sheriff
By Jas. H. Lovejoy Depy.
John L. Lovejoy, Clk.
At this day came MARGARET COX administratrix and MALICHI COX Admr. upon the Estate of SILAS COX deceased and presented to the Court their yearly report which was received and ordered to be file for reference and inspection.
It is ordered by the Court that the Administrator and Administratrix proceed to divide the monied Estate of SILAS COX, deceased giving to each heir of age and equal division after retaining to the Widow of said SILAS COX dec’d, one third (1/3) of said monied Estate, withholding to the heirs under age an equal share with the heirs above age, an make report to the Court their proceeding in the premises.
Filed by MOSES JONES Admr. of the Estate of A. DANIEL final Settlement with the Court.
It is ordered by the court that the Balance of money in the hands be distributed to the widow an heirs of the Estate of A. DANIEL deceased, by the Admr. of said Estate which amounts to the sum of $151.27 in the manner as follows (to wit): to the widow $50.42 to nine heirs $11.20.
At this day came JOHN YEARDLEY (sic), JR. by application for Probate of a Will, made by JOHN YARDLEY, SR. dec., 5th day of Decr. A. D. 1853.
Witness, Legal notice being given at proper time and place, and all the requisites of Law in relation to probating will. Therefore it is ordered by the court that the will above be probated.
At this day came ELIZABETH YEARY and made application to the court for Letters of Guardianship upon the persons an Estates of JOSEPHINE DANIEL, TENNESSEE P. DANIEL, SAM H. DANIEL, heirs of A. DANIEL deceased, and having given Bond and approved security, Therefore it is ordered by the Court that Letters of Guardian as aforesaid (?)…
Page 463
…be issued to said E. YEARY as Guardian.
Issued
Court adjourn until tomorrow morning 9 o’ck. a. m.
State of
Collin County County Court Collin Co.
Feb 1854
Be it known that County Court Collin County met pursuant to adjournment.
Present: Hon. H. Jamerson C. J.
R. Fitzhugh
By J. H. Lovejoy Depy.
John L. Lovejoy, Clk.
It is ordered by the Court that
the Land including the
It is ordered that court adjourn until next regular term in course.
H. Jamerson, C. J.
State of
Be it known that the County Court Collin County met on the 27th day of March A. D. 1854, for the transaction of Probate Business.
Present: Hon’l H. Jamerson, Chief Justice
Robt. Fitzhugh, Sheriff
By J. H. Lovejoy, depty.
John L. Lovejoy, Clk.
At this day came DAVID DUPERY administrator of the Estate of MARCUS C. DUPERY deceased & filed his annual report as required by Law on said Estate which report is received and filed for record.
It is ordered by the court that GEO. McGARRAH administrator of the Estate of JOHN MANNING deceased proceed to sell the corn belonging to said estate on the 8th day of April next, on a credit of (12) twelve months with approved note & security.
Page 464
Whereas it is represented to the Court that ISAAC N. WALTERS, ELIZA M. WALTERS infants in the County of Collin and State of Texas over the age of 14 years and under the age of 21 years have no Guardian
Therefore it is ordered by the court that the County Clerk John L. Lovejoy, give notice to them the said ISAAC N. WALTERS and ELIZA M. WALTERS to be an appear at the next Term of the Probate Court to choose Guardians as the Law directs. Also that he give notice to the Public that said above named persons will appear for the purpose as aforesaid.
It is ordered by the Court that DAVID DUPERY administrator of the estate of MARCUS C. DUPERY deceased, proceed to let out or rent the farm belonging to the Estate of said decd. at private lease or rent. Issued
It is ordered by the Court that JOHN M. GASS, JOHN H. BURTRAM be and they are hereby appointed commissioners to assist in the partition and distribution of the real [estate] belonging to the estate of MARCUS C. DUPERY dec’d in case any of the commissioners heretofore appointed by the court for that purposes, should fail to act.
Issued.
At this day came J. B. WILMETH by petition and prayed that Letters of Guardianship upon the persons and Estate of SARAH ELIZABETH BLACKWELL and NANCY ANN BLACKWELL, minor heirs of HIRAM BLACKWELL deceased, he having given Bond with approved security, Therefore it is ordered by the Court that letters of Guardianship be issued to him the said J. B. WILMETH as guardian as aforesaid. Issued.
It is ordered by the Court that JAS. M. McREYNOLDS, JOHN FARRIS and PETER WETSEL be and they are hereby appointed appraisers of the property belonging to the heirs of H. BLACKWELL dec. said ELIZABETH BLACKWELL and NANCY ANN BLACKWELL minor heirs of said H. BLACKWELL deceased.
Issued.
Page 465
It is ordered that the court adjourn until Tomorrow morning 9 o’ck a. m.
State of
Be it known that the County Court Collin County met on the 28th day of March A. D. 1854, pursuant to adjournment for the transaction of Probate Business.
Present: Hon’l H. Jimerson C. J.
Robt. Fitzhugh Sheriff
By J. H. Lovejoy deputy
John L. Lovejoy, Clk.
Presented report of CATHARINE ROBERTS administratrix of the estate of JAS. T. ROBERTS decd. Examined and approved by the court.
It is ordered that Court adjourn until next Regular Term in course.
h. Jamison, C. J.
State of
Present: Hon’l H. Jamison, Chief Justice
Robert Fitzhugh, Shff.
By J. H. Lovejoy, Deputy
John L. Lovejoy, clk.
It having appeared to the satisfaction of the Court that the interest of the Estate of JEREMIAH VARDAMAN are such as require an immediate appointment of an administrator pro tem, tot take charge of and manage & preserve the same, until the Will of the said JEREMIAH VARDAMAN, which is this day filed in the office of the County clerk of this Court for probate, can be regularly probated and Letters Testamentary regularly issued. Therefore it is ordered by the Court that JESSE C. PORTMAN be appointed Administrator pro tem of said Estate, conferring upon him power as set forth above, also to collect a debt due the Estate of said deceased from JOHN VARDAMAN by the purchase at private sale for the benefit of said…
Page 466
…Estate, of a Negro Slave of said JOHN VARDAMAN, or otherwise collect said debt in case the emergency should require it as said administrator may think best for the benefit of said Estate.
Transcribed.
Ordered by the Court that the order made at the September Term of the County Court for Probate Business, ordering the sale of six Hundred & forty acres of Land including the Mill site belonging to the Estate of LANSON CLARK Dec’d., be rejected for the reason that the administrator failed to advertise the sale of the Land in Denton County where the Lands are situated.
Therefore, it is ordered by the court that HARRISON JAMISON, administrator of the Estate of LANSON CLARK decd. Proceed to advertise and sell according to Law, Six Hundred and forty acres of land including Mill site, belonging to said Estate situated in Denton county, on Little Elm Creek, on the First Tuesday in June next before the Court House door in the Town of McKinney Collin County Texas. Giving at least twenty days notice thereof by advertisements posted up in writing as the Law directs.
John B. Martin C. C.
George Fitzhugh
At this day came JOHN M. KINCAID by petition praying for letters of guardianship on the persons and Estates of WM. J. SCHLATER, JOHN H. SCHLATER, COLLIN P. SCHLATER, MARGARERT C. SCHLATER and LAURA S. SCHLATER minor Heirs of JOSEPH SCHLATER decd, late of said County and State and upon giving Bond and approved security Letters of Guardianship issue to said KINCAID as such guardian. Issued.
It is ordered by the Court that HARRISON JAMERSON Administrator of the Estate of LANSON CLARK dec’d, go to the Land Office Bonham Fannin Co. to procure a certificate transferred to said dec. for 320 acres. Said certificate having bee…
Page 467
…filed in said
office by
Administrator to advertise & sell the same on the 1st Tuesday in June next, giving Lawful notice of the time and place of selling, the same place of sale, McKinney at Court House door in said Town on a credit on 12 months.
John B. Martin C. C.
George Fitzhugh Co. coms.
It is ordered by the Court that it be adjourned until Tomorrow morning 9 o’ck A. M.
H. Jamerson, c. J.
The Court met and pursuant
adjournment
Present: Harrison…Chief Justice
Robt. Fitzhugh, Shff.
By Daniel Howell Depty
John L. Lovejoy Clk.
By J. J. Harrison Depty.
Ordered by the Court that the sum of Thirty Dollars be allowed and retained by J. H. HARBERGER as Admr. of J. B. ROBERTS dec’d for legal services in case now pending in the District Court of Collin County wherein the said J. H. HARBERGER as Admr. is Plttff. and JOHN L. WHITE, et al are defendants with the condition that the said Pltff prosecute said suit to a final termination.
It is ordered by the court that JOHN M. KINCAID guardian of the infant children heirs at Law of JOSEPH SCHLATER decd. be authorized to assign and transfer on behalf of said infants all their right or title to one Land warrant of the Untied States for 160 acres of Land issued to said JOSEPH SCHLATER deceased and numbered 16,387.
At this day comes WILLIAM ROGERS administrator of WILLIAM POWELL, deceased and presents his report of the condition of said Estate which is received, approved and ordered to be filed.
At this day comes JOHN M. McNEAL administrator of GEORGE McNEAL deceased and presents a report of the condition of said Estate, which is received, approved and ordered to be filed.
Page 468
It is ordered by the Court that it be adjourned until the next regular term of Court in course.
H. Jamison,
Chief Justice, C. C.
State of
Be it known that the County Court met on the 17th day of May A. D. 1854, for the transaction of Probate Business.
Present: John B. Martin
and George Fitzhugh
It is ordered by J. B. MARTIN & GEORGE FITZHUGH come composing Co. Court for Probate business that H. JAMERSON administrator of the estate of LANSON CLARK dec’d proceed to hire out to the highest bidder a certain Negro girl NOMES JULIA, belong to said Estate for a term of (12) twelve months, on the 1st Tuesday in June 1854.
Also present at
State of
Collin County County Court Collin County
In vacation
Be
it know that the county court of Collin county met in
vacation
Present: H. Jamerson, C. J.
R. Fitzhugh Shiff.
By Jas. H. Lovejoy Deputy
John L. Lovejoy Clk.
At this day comes JAMES W. YEARY files his petition praying to be permitted to qualify as natural and Lawful guardian of his infant children CYNTHIA OPHELIA YEARY and WILLIAM B. YEARY, they owning and claiming property now in the State of Arkansas not derived form their said Father. Whereupon it is…
Page 469
…considered by the Court that the prayer of said petition be granted.
Thereupon comes the said JAMES W. YEARRY and presents his guardian Bond for said infants which is approved by the Court an ordered to be filed. And the said JAMES W. YEARY further took and subscribed the following oath:
I, JAMES YEARRY, do solemnly swear that I will well and truly perform all the duties of a guardian of the persons and Estates of the minors, OPHELIA YEARRY and WILLIAM B. YEARY, my children.
James W. Yeary
Sworn to and subscribed before me HARRISON JAMERSON, Chief Justice within and for the County & State aforesaid.
Given under my hand this 185th day of May 1854.
Harrison Jamerson, Chief Justice C. C. T.
Whereupon it is ordered by the Court that JAMES W. YEARY be recognized as the lawful guardian of his infant children CYNTHIA OPHEL YEARRY and WILLIAM B. YEARRY.
It is ordered by the Court that Court adjourn until next regular Term.
H. Jamerson,
Chief Justice, C. C. T.
State of
Collin County County Court, Collin co., May Term 1854.
Be it known that the County Court, Collin county met on the Last Monday, the 29th day of May A. D. 1854, for the transaction Probate Business.
Present. Hon. H. Jamerson
R. Fitzhugh, Sheff.
By J. H. Lovejoy Depty.
John L. Lovejoy Clk.
At this day comes OLIVER LOVING by petition praying for Letters of Administration upon the Estate of HUBBARD SHORT Dec’d. Notice of Application having been given & he having given bond with approved securities for the faithful performance of the duties as such.
Therefore it is ordered by the Court that…
Page 470
…Letters of Administration issue to said OLIVER LOVING as such Administrator.
Issued.
It is ordered by the Court that JOHN M. SOLMONS, MANLY BECK and THOMAS DYE be and they are hereby appointed appraisers of the Estate of HUBBARD SHORT, decd.
Issued.
A copy of the judgment from the District Court of Collin County, for the sum of One Hundred and seventy eight Dollars and fifty six cents & cost of suit, has been properly certified to this court for allowance and payment which is accordingly ordered.
At this day came J. C. PORTMAN, a citizen of
Therefore it is ordered, upon said PORTMAN giving Bond and approved security for the faithful performance of duties as Executor with Will annexed−that Letters Testamentary with will annexed be issued to him the said PORTMAN. Issued.
It is ordered by the Court that
Issued.
It is ordered by the Court that J. H. HARBERGER administrator de Bonis Non of the Estate of J. B. ROBERTS deceased pay to JOEL F. STEWART the sum of ten dollars and seventy five cents, JOHN L. LOVEJOY the sum of Four dollars, H. JAMISON the sum of three Dollars and fifty cents, J. B. WILMETH the sum of three Dollars, J. M. McREYNOLDS the sum of Four dollars and ten cents.
It is ordered by the Court that J. H. HARBERGER admr. de bonis non of the Estate of J. B. ROBERTS dec’d be allowed the sum of…
Page 471
Twenty six dollars and seventy five cents per acct. as approved and allowed, this 29th day of May A. D. 1854.
vs. Distribution
The Heirs of BENJ. THAYER dec’d.
The
citation in this cause appearing to have been published as the Law directs and
said heirs all being infants and non-residents and having no guardian to
represent them, -It is ordered by the court that JACOB H. HARBERGER be
appointed the Guardian Ad Litem for M. A. THAYER,
M. W. THAYER, JOHN W. THAYER, JOSEPH N. THAYER and SUSAN T. THAYER,
the heirs of BENJ. THAYER deceased, all of whom are residents of the
State of
No advancements appearing to have been made, to said heirs in the life time of said THAYER and said Estate consisting of 640 acres of Land in Peter’s Colony on the waters of Honey Creek, which is to be distributed between said JANE BARRINGTON and the said Heirs.
It is therefore ordered by the Court that JORDON O. STRAUGHAN, JOHN NELSON and JONATHAN COOK be and they are hereby appointed Commissioners to make division of 640 acres of Land between said JANE BARRINGNTON and the said heirs as the Law directs and according to their respective rights, and to make report to the next term of the Court, and that a Writ of partition issue herein as the Law directs.
County Court met pursuant to
adjournment on Tuesday Morning
Present: H. Jamison, Chief Justice
Robert Fitzhugh Shff.
By James H. Lovejoy, Depty.
John L. Lovejoy Clk. C. C. C
By J. J. Harrison, Depty Clk.
It is ordered by the Court that the petition of JOHN M. DAVIS, praying for Letters of Guardianship of the persons and property of ROBERT M. ROLAND & JOSEPH R. ROLAND, minor heirs of PLEASANT ROLAND be continued to the next regular Term of the Court.
Page 472
It is ordered by the Court that J. J. HARRISON, S. B. SKIDMORE & G. A. FOOTE be and they are hereby appointed appraisers of the property and effects of WM. M. GAMBLE Dec., Issued.
No. 1. It is ordered by the court, that on the petition of J. H. HARBERGER Admr. of the Estate of JOHN McGARRAH deceased, for partition of said Estate, that RANDOLPH McGARRAH, one of the heirs of said deceased is a non-resident of the State of Texas—Therefore it is ordered that JOHN C. EASTON Esq. Be and he is hereby appointed attorney to represent said RANDOLPH MCGARRAH in the partition of said Estate.
No. 2. It is ordered by the Court that THOMAS STALLCUP be and he is hereby appointed guardian Ad litem to represent the infant-viz: SEBRON McGARRAH, JAMES C. McGARRAH and MARY M. McGARRAH of JOHN McGARRAH deceased in the partition and distribution of said decedent’s Estate, on the petition of J. H. HARBERGER Admr. for partition of said Estate.
No. 3. It appearing to the Court
in the case of J. H. HARBERGER as admr. of the Estate of JOHN McGARRAH that the following named persons are the heirs
at Law of the said deceased, viz: ELIZABETH HERNDON, SARAH DUNN, CYNTHIA
HERNDON & ELIZA JANE FOOTE, adults. SEBRON MCGARRAH, JAMES C. McGARRAH and MARY M. McGARRAH,
minors & represented by THOMAS STALLCUP guardian ad litem, all of
whom are resident citizens of Collin County, Texas—RANDOLPH McGARRAH, who is a minor heir resident of the State of
No. 4. And it also appearing that ELIZABETH HERNDON has received one Negro girl as a advancement made to her in said Estate worth Three Hundred Dollars and that SARAH DUNN has received one Negro woman as an advancement made to her in said Estate worth Three Hundred Dollars and that ELIZA JANE FOOTE has received as an advancement two hundred & fifty acres of land worth Three Hundred dollars, and…
Page 473
…the remaining heirs CYNTHIA HERNDON, RANDOLPH McGARRAH, SEABRON McGARRAH, JAMES C. McGARRAH and MARY M. McGARRAH have received nothing in the way of advancements, and it also appearing that said Estate consist wholly in Lands in Collin County, viz: 625 acres in a tract patented in the name of THOS. WM. WARD assignee of W. H. HUNT, 50 acres in a survey patented in the name of JACOB DUNBAUGH and 640 acres, the Headright of said JOHN McGARRAH decd., as a Colonist of Peters’ Colony, and―
No. 6 it appearing that said Lands as above described is the Community property of the said JOHN McGARRAH, decd. and MARY MCGARRAH, widow and relic of said JOHN McGARRAH decd.
No. 7. It is therefore ordered, adjudged and decreed by the court that the aforesaid lands as above described, be equally divided into two equal parts taking into consideration the value of said Lands, and the improvements thereon, giving the widow, MARY McGARRAH, the choice of said tracts or parcels of Land when divided.
No. 8. It is therefore ordered, adjudged and decreed by the Court that the remaining half of said land as above specified be equally divided among all the heirs at Law of said deceased Viz: ELIZABETH HERNDON, SARAH DUNN & ELIZA JANE FOOTE as afore stated.
No. 9. It is also further ordered by the court that ALFRED CHANDLER, LANGDON C. SEARCY, PEYTON HAMILTON, JAMES M. McREYNOLDS & MILTON WILKERSON be and they are hereby appointed commissioners to make a partition and distribution of the estate of JOHN McGARRAH deceased in accordance with the decree of the County court, a copy of which decree accompanies this order, and that they be required to make full return of their proceedings to the next Regular Term of this court & that a writ of partition & distribution issue. It is ordered by the court that Letters of Administration granted to MARY GAMBEL (sic) on the Estate of Wm. M. GAMBLE dec’d. (Issued.)
Ordered that Court be adjourned until the next Regular Term of said Court.
Harrison Jamison, Chief Justice Co. Coll[in]
Page 474
State of
Collin County County Court Collin County
Be
it known that the county Court of Collin County,
Present: Hon’l H. Jamison C. J.
R. Fitzhugh Sheff
By. J. H. Lovejoy Deputy
John L. Lovejoy Clk.
John B. Martin
|Co. Coms.
George Fitzhugh
It appearing to the Court that the commissioners MELTON WILKENSON, PEYTON HAMILTON, LANGDON C. SEARCY, ALFRED CHANDLER and JAMES M. McREYNOLDS appointed at the Last Term of this Court to divide the estate of JOHN McGARRAH deceased, have not had time to accomplish said duty devolving upon them and make their return as seat forth in said order, by not being able to procure a competent Surveyor.
It is therefore ordered and decreed by the court that said above named commissioners be and they are hereby allowed an extension of their time to make said report at the next regular Term of this Court.
No. 1.
At this day come JOHN M. DAVIS by petition asking that Letters of Guardianship on the minor heirs of NANCY ROLAND dec’d. (viz) ROBERT M. & JOSEPH R. ROLAND.
It appearing that legal notice has been given in the filing of said petition, ―
Therefore
it is ordered by the Court that Letters of Guardianship issue to said
No. 1
At this day come JOHN M. DAVIS by petition praying that Letters of Administration be granted to him upon the Estate…
Page 475
…of NANCY ROLAND dec’d.
It appearing that Legal notice has been given in the filing of said original petition.
Therefore it is ordered by thee Court that Letters of Administration issue to said JOHN M. DAVIS as administrator of said Estate.
Issued.
No. 1
On this day, H. JAMERSON, administrator of the Estate of LANDSON [LANSON] CLARK dec’d presented his report of the condition & manner in which he had administered the same which report was received and filed, and it appearing from said report that there are assets in the hands of said administrator in the way of money and otherwise appropriated, ―
It is therefore ordered by the Court that H. JAMERSON administrator of said estate pay the Fees of office incurred in the course of said administration.
Bond of JAMES M. COPE approved as Guardian of ELVIRA TUMLINSON, JOHN M. TUMLINSON and KISIAH TUMLINSON and Letters of Guardianship issued upon the persons and Estate of said Minors the above heirs are the children of…..Dec’d.
It is ordered by the court that the administrator of the Estate of LANDSON CLARK, Dec’d (viz) H. JAMERSON, locate certificate No. 2188, issued to FREDERICK RUDGE for 320 acres of Land by Bainaid E. Bee, secretary of war, on the 13th day of January A. D. 1838. said certificate belonging to said Estate.
John B. Martin
George Fitzhugh
At this day came ABNER LOVING admr. of the estate of HUBBARD SHORT dec’d & returned Inventory of all property belonging to said Estate which was filed.
At this day come the appraisers appointed to appraise the property of the Estate of HUBBARD SHORT decd. & filed appraise bill of the same.
It is ordered by the court that OLLIVER
[sic] LOVING administrator of the Estate of HUBBARD SHORT…
Page 476
…dec’d, & returned Inventory of all property belonging to said Estate which was filed.
At this day come the appraisers appointed to appraise the property of the Estate of HUBBARD SHORT dec. & filed an Appraise Bill of the same.
It is ordered by the Court that OLIVER LOVNG Administrator of the Estate of HUBBARD SHORT dec’d proceed to advertise an sell on a credit of 12 months, all the personal property belonging to said Estate giving at least ten days notice of the same Said Sale to take place on Saturday the 15th day July, 1854.
It is ordered that Court adjourn
until Tomorrow morning
H. Jamison,
Chief Justice, C. C. T.
State of
Be it known that the County Court of Collin County, Texas, met on the 31st day of July, it being the Last Monday in July for the transaction of Probate Business.
Present: Harrison Jimerson, Chief Justice
R. Fitzhugh, Sheriff
By J. H. Lovejoy, Depty.
John L. Lovejoy, clerk.
Ordered by the Court that the proceedings in the division of the Estate JOHN McGARRAH dec’d be continued until the next Term of the Court.
Ordered by the Court that Letters of Administration pro tem be granted to WILLIAM CULWELL on the Estate [of] SOLOMON HUFFSTETLER Deceased & that he execute Bond in the sum of $1300, which will continue in force until the next term of the Court.
Ordered by the Court that WILLIAM CULWELL administrator pro tem of the Estate of SOLOMON HUFFSTETLER…
Page 477
…deceased, furnish the widow and minor children composing the family of said HUFFSTELTLER with all necessary provisions, such as coffee, sugar, salt & two milch cows, and that the widow retain possession of a certain Bald Mare belonging to said Estate until regular administration be granted.
Ordered by the Court that the Will of MARTIN HENRY this day proven up, be filed for record.
It is ordered by the Court GEORGE McGARRAH administrator of the Estate of JOHN MANNING deceased, sell at public sale within thirty days all the rails remaining on the place or from the said deceased and after giving ten days public notice in writing.
It is ordered by the Court that the report of GEORGE H. PEGNES administrator of the Estate of JOHN CLAY be received and filed.
It is ordered by the Court that the sale of OLIVER LOVING admr. of the Estate of HUBBARD SHORT, decd. be received & filed.
It is or[dered] by the Court that JONAS DAWSON Admr. of the Estate of THOMPSON HELMS deceased let out to the lowest bidder the building of a residence for the late widow and heirs of the deceased. Said house to be an ordinary and comfortable country residence on the farm of said decedent.
Ordered the Court adjourn till next regular Term of said Court.
H. Jamison,
Chief Justice, C. C. T.
John
L. Lovejoy,
By Deputy D. Stiff
State of
Be it known that the County Court of Collin County, Texas met on the 28th day of August, 1854, for the transaction of Probate Business.
Present: H. Jamerson, C. J.
Jas. H. Lovejoy, Sheriff
Jno. L. Lovejoy, Clerk
Page 478
At this day come JAMES B. JAMERSON by petition praying for Letters of Guardianship on the Estate of ASA H. JAMERSON, a minor son of the said JAMES B. JAMERSON.
It appearing that legal notice has been given of the filing of said petition & the said J. B. JAMERSON having given Bond and approved securities as the Law requires in such cases,
Therefore it is ordered by the Court that Letters of Guardianship be granted to the said J. B. JAMERSON as guardian of the Estate of ASA H. JAMERSON his son.
Issued in due form.
It is ordered by the Court that GEORGE HERNDON be and his is hereby charged with the sum of $26 as per account surrendered by himself in account with the Estate of JOHN McGARRAH Deceased. Account filed with the papers of said Estate.
It is ordered by the Court that J. H. HARBERGER, administrator de Bonis Non of the Estate of JOHN McGARRAH Decd., pay to JAMES HERNDON the sum of ninety Forty Dollars and forty two cents, it being the amount of his claims in account against said estate inclusive of interest.
It is ordered by the Court that the heirs at Law of JOHN McGARRAH deceased, as named in the petition for partition and distribution of said Estate with their guardian be summoned to appear before the Hon. County Court on Saturday the 2d day of September 1854, to draw for their respective portions of said Estate, and that citation issue from this office accordingly.
Issue
It is ordered by the Court that the Coms. Appointed to make partition and distribution, be allowed the further time until Saturday the 2d ay of August 1854, to make their report of the same.
At this day come EDWARD T. BERRY, by petition praying for Letters of guardianship upon the persons & Estate of ANNA (?) M. BERRY…
Page 479
The said
It
is therefore ordered that Letters of Guardianship issue to said
Issued.
It is ordered by the Court that BARBARY SLATER widow of JOSEPH SLATER deceased be allowed one work animal and five cows and calves, Two Hundred and fifty Dollars in property at its appraised value or in money as she may choose, Two Hundred acres of Land including the improvements, dwelling & out houses on the same.
At this come JOHN M. KINCAID admr. of the Estate of JOSEPH SLATER dec’d and presented his final account in said Estate, which being made in accordance with Law is approved and ordered to be filed.
At this day, to which the claims for Administration on the Estate of SOLOMON HUFFSTETLER deceased, on the petitions herertofore filed, was continued and assigned by Law―come the parties, and it appearing to the satisfaction of the court that MARTHA HUFFSTETLER, widow of the deceased, declines to accept the Administration of said Estate and given the Bond required by Law,
It is therefore ordered by the Court that Letters of Administration on said Estate issue to BARBARA CULWELL, daughter of the deceased, upon her giving Bond with approved security as required by Law for the sum of $2000 dollars for her faithful performance of her duties as administrator of said Estate.
It is ordered by the Court that LARKIN ADAMSON, JAMES LEADBETTER & THOMAS CULWELL be and they are hereby appointed appraisers to appraise the Estate of SOLOMON HUFFSTELLER decd. Executed.
It is ordered that Court be adjourned until Tomorrow morning 9 o’ck A. M.
Be it know that the County court of Collin county met on the 29th day of August A. d. 1854 for the transaction of Probate Business.
Present : H. Jimerson, Chief Justice
J. H. Lovejoy, Sheriff
Page 480
John L. Lovejoy, Clerk.
It is ordered by the Court that JOHN M. GASS, JAMES D. NAYLOR & WM. G. DEWEES be and they are hereby appointed appraises to appraise the property of the Heirs of JAMES TUMLINSON dec’d. Issued.
At this day come WILLIAM CULWELL administrator pro tem of the estate of SOLOMON HUFFSTETLER decd., and presents his report which is received, approved and ordered to be filed.
And it is ordered by the Court that the said CULWELL de discharged from further administration of said Estate.
It is ordered that the Court be
adjourned until Saturday next
Harrison Jamerson,
Chief Justice C. C. T.
County Court special Term Sept 2d, A. D. 1854.
It
is ordered by the Court that J. H. HARBERGER admr.,
of the Estate of JNO. McGARRAH decd. pay to JOHN L. LOVEJOY Clk.
the sum of nineteen Dollars and fifty five cents, JAMES H. LOVEJOY, Sheriff, the sum of Twelve Dollars, H. Jamerson, Chief Justice, the sum of Thirteen Dollars and
fifty cents, and to PEYTON HAMILTON
the sum of Eight Dollars, MILTON WILKERSON, the sum of six dollars and ALFRED CHANDLER the sum of Eight
Dollars, who served as commissioners in the division of the estate of said
deceased, and to GEORGE WHITE
the sum of forty three Dollars, as per account presented and allowed by said
within named persons.
It is ordered by the Court that the report of PEYTON HAMILTON, MILTON WILKERSON & ALFRED CHANDLER Comrs. appointed at the May term of this Court 1854, for the division of the Estate of JOHN McGARRAH decd., be and the same is hereby received & approved by the Court and ordered to be recorded as the Law directs.
It is ordered by the court that J. H. HARBERGER…
Page 481
…Admr. of the estate of JNO. McGARRAH decd. pay to JOHN J. MILLER the sum of 23 dollars on his acct. as allowed with legal interest thereon for approval.
It is ordered that court adjourn until the next regular times in course.
Present: H. Jamerson, Chief Justice C. C.
Jas. H. Lovejoy, Sheriff
John
L. Lovejoy,
By David Stiff, Depty.
H. Jamison, Chief Justice.
State of
Be it known that the county Court of Collin County met on the Last Monday and 25th day of September, A. D., 1854, for the transaction of Probate Business.
Present: H. Jamerson, C. J.
J. H. Lovejoy, Sheriff
By J. D. Doak, Depty.
John L. Lovejoy, Clerk
It is ordered and decreed by the court that an order made by this Court at the July term A. D. 1854, for letting out a building for a residence of the late widow of THOMPSON HELMS, deceased, be and the same is hereby revoked and set aside.
At this day come JAMES M. COPE Guardian…heirs of JAMES TOMLINSON dec’d. and filed appraisement property belonging to the heirs of said TOMLINSON decd., which is hereby ordered to be filed.
At this day came J. H. HARBERGER administrator of the Estate of JOHN McGARRAH deceased and made a report of the condition of said Estate up to the present time, which is approved & ordered to be filed.
It is ordered by the court that J. H. HARBERGER administrator De bonis Non of the Estate of JOHN McGARRAH deceased, pay an account due JOEL F. STEWART as former Clk. of the County of Collin for services ordered in said Estate as such clerk.
Page 482
It is ordered by the court that J. H. HARBERGER admr. de Bonis Non of the estate of JOHN McGARRAH, be and he is hereby allowed the sum of Fifty dollars for services as administrator aforesaid and as attorney as per account a[s] examined, approved and allowed.
It is ordered by the Court that A. J. HALL, MILTON WILKERSON and JOHN L. LOVEJOY, JR. be and they are hereby appointed appraisers of the Estate of WM. M. GAMBLE, deceased.
Issued.
At this day come JOHN M. KINCAID by petition praying that he may be [re]leased as security of EDWARRD T. BERRY as guardian of ANN M. BERRY his child,
Therefore
it is ordered by the court that said
Issued.