Collin County Probate Minutes Book C-2

 

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State of Texas               County Court Collin County

County of Collin             for Probate May Term 1857

 

Be it Known that the County Court of Collin County for Probate business meet on Monday the 25th day of May 1857.

Present and acting                                 George H. Pegues Chief Justice

                                                            John S. Lovejoy, off. (?) Clerk P. (?) C.

                                                            James H. Lovejoy, Sheriff

 

The following findings (proceedings?) were had:

 

At this day came FIELDEN TWEEDLE and MOSES JONES, Executors of the Estate of WM. G. HAYWOOD, Deced. and filed with the Court a sale Bill of Property belonging to said Estate Sold under Will of said Decendant. ___Bill of H___ of certain Negro Property therein named having been lawfully examined by the court is hereby approved.

 

The court having inquired into the manner in which sale of a certain Negro woman and children belong to the estate of            WM. G. HAYWOOD, Decd. was made an account of which has this day been filed, by the Executors of said Estate, and being satisfied that said sale was fairly made, and in conformity with Law, Therefore it is confirmed, and the account thereof Recorded by said Estate make to purchaser of said slaves a conveyance vesting in the said purchaser all the Rights and title that the testator had, in or to said property.

 

At the day came W. YEARY, Executor of the Estate of ELIZABETH YEARY, Decd. and filed __ Bill of certain property therein named, also Bill of R___t which have been carefully examined by the Court and is hereby approved.

 

Ordered by the Court that the executors of the last Will and testament of WM. G. HAYWOOD Decd. carry into execution (?) that part of said Will relating to the execution (?) of Bois de Arc Poling around his greens (?) and that of his Brother LEWIS W. HAYWOOD.

 

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At this day came before the court PHILLIP C. CRUME, Minor, Heir of PHILLIP W. and CHRISTIAN CRUME, Decd. late of county, State of Kentucky which said Heir has attained to the age of 14 years and makes change of JAMES C. FOREMAN as the future (?) Guardian of his person and Estate and the Court being satisfied that said FORMAN is suitable and competent. Therefore said FOREMAN is accordingly appointed and it is further Ordered that said Forman give bond in the Sum of Ninety Thousand Dollars. And upon giving said Bond letters shall issue to Him as such Guardian.             

                                                                                                            Issued

 

At this day came JOHN M. HUFFMAN by Petition praying the Court to appoint Him Guardian of the Persona and Estate of JAMES (JONAS?) HUFFMAN, Minor Heir of JOSEPH HUFFMAN, Decd., late of Spencer (?) County, Kentucky and the Court being satisfied that legal notice has been giving (given) of said application and that the said HUFFMAN is a Suitable person, Therefore it is ordered by the Court that He be appointed Such Guardian and that he gives bond in the Sum [of] Eight Thousand Dollars for the faithful performance of his duties as Such and upon his giving bond that letters issue to Him.

                                                                                                            Issued

 

Ordered that Court be adjourned until tomorrow morning 9 Oct A. M.

 

The County Court of Collin County for Probate met on Tuesday the 26 1857.

                        Present                                     George H Pegues, C. J.

                                                                        John S. Lovejoy, Clerk

                                                                        Jas. H. Lovejoy, Sheriff

 

At this day came MARION FRENCH and PEACHY ELLEN FRENCH Minor Heirs of SAMUEL and JANE FRENCH Decd., late of Collin County, Texas, which Heirs having attained the age of 14 years and having the legal right to choose the future Guardian of their persons and Estates in open Court made choice of JAMES KEELNG as their Guardian of their Persons and Estate of the said MARION and PEACHY ELLEN and the Court being fully satisfied in his Judgement that the said KEELING is a suitable and competent person. Therefore said JAMES KEELING is Hereby appointed such Guardian and is Required to give Bond in the sum of two thousand dollars.

                                                                                                            Issued

 

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Ordered by the Court that HARRISON JAMESON Administrator of the Estate of LANDSON (LANCEN?) CLARK Decd. and N. G. STOTHER (STROTHER?), Administrator of the Estate of B. C. STOTHER (?)  to appear before the Court at the next regular tem and Show the Condition of said Estates.

                                                                                                            Issued

 

Ordered that Court adjourn until next regular

                                                George H. Pegues

                                                            Chief Justice C. C.

 

State of Texas               County Court Collin County Jan. Term 1857

County of Collin             Be it Known that the county court of Collin County met on Monday the 29th day of Jan. 1857.

Present and presiding                                         Geo. H. Pegues, Chief Justice

                                                                        John S. Lovejoy, ex offico Clerk

                                                                        James H. Lovejoy, Sheriff

                                                                        By James H. Jenkins, Deputy

 

Ordered by the court that GEORGE WHITE, J. H. WILSON and THOS. STALCUP, Commissioners appointed at the former term of this court to make Partition and Distribution of the Estate of THOS. M. ROWLAND, Decd. have until the next term of the Court to make their Report of their Proceeding in the provisions (?).

 

Estate of ISAAC TALKINGTON

 

At this day came MAXWELL C. TALKINGTON, LEONIDAS M. TALKINGTON and JAMES T. COLEMAN praying in Joint petition for Letters of Administration upon the Estate of ISAAC TALKINGTON, it appearing to the satisfaction of the Court that Notice of the filing of said Petition has been legally given and no cause appearing why said persons should not be appointed. Therefore it is ordered by the Court that said MAXWELL C. TALKINGTON, LEONIDAS M. TALKINGTON  and JAMES T. COLEMAN  be and they are hereby appoint joint administrators of said Estate and that they Bond in the sum of Forty Thousand Dollars and that letters issue to them as such.

                                                                                                            Issued

 

Ordered by the Court that WM. B. WEAR, H. JAMESON and ROBERT B. MAYS be and they are hereby appointed appraisers of the Estate of ISAAC TALKINGTON, Decd.

                                                                                                            Issued

 

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Estate of GEO. PHILLIPS

 

At this day came MARGARET PHILLIPS, Administratrix of the Estate of GEORGE PHILLIPS, Decd., and filed with the court a Sale Bill of Property Sold under a former order of this Court which Sale Bill has been carefully examined by the Court and is hereby approved.

 

At this day came WILLIAM FOSTER by Petition Praying for Letters of Guardianship upon the persons and Estates of MALCOM (?) FOSTER and JAMES FOSTER, Minor Heirs of MAISE (MAYZE?) R. FOSTER, Decd., and this court being satisfied that legal notice of the filing of said Petition has been given and there being no good Reason given why Said WILLIAM FOSTER should not be appointed such Guardian. Also came MARY FOSTER, minor Heir of the said M. R. FOSTER, being over the age of 14 years makes choice of the said WM. FOSTER, as Guardian of His person & estate and the court being satisfied that said WILLIAM FOSTER is a competent  person. Therefore it is Ordered by the Court that said WILLIAM FOSTER  __ and He is Hereby appointed Guardian of the Person and estate of the said Heirs and that He gives Bond and Security in the sum of three Hundred dollars and that Letters issue to Him.

                                                                                                            Issued

 

Estate of MAYZE R. FOSTER

 

Ordered by the Court that JOHN M. SALOMONS, administrator of MAYZE R. FOSTER, decd., proceed to sell at Public outcry on Tuesday the 4th day of August 1857 at the Court House Door in the town of McKinney on a Credit of twelve months giving first legal notice of the time and place of sale the following property, to wit, a portion of land containing about (70) Seventy acres in Collin County, Texas, being a part of the Headright Survey of the said FOSTER lying East of Rowlett's Creek and in the south east corner of said Foster's 640 acre Survey, and that said Administrator make due Report thereof to this court.

 

Estate of S. P. COLEMAN

 

At this day came NANCY COLEMAN, Administratrix of the Estate of SAML. P. COLEMAN, Decd. and filed in the Court her Inventory a appraisement of property being to said Estate which has been examined by the Court and is thereby approved, satisfied and confirmed.

 

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Ordered by the court that the children (Minors) of SAMUEL P. COLEMAN, Decd. be allowed for the maintenance for the time of One year the sum of two Hundred and fifty Dollars which is fifty Dollars each this being (5) five Heirs, which amount shall be paid to them their Guardians as Representatives out of the first funds that come out (?) the Hands of the Administratrix or out of any Property of said estate as their Guardian may choose to do.

 

Estate of NANCY B. PITTMAN

 

At this day came WM. B. WEAR, Guardian of the Person and Estate of NANCY B. PITTMAN, an a_______ Bill of all property belonging to said PITTMAN which has been examined and is Hereby approved.

 

Ordered that Court adjourn until tomorrow morning 8 October A. M.

 

State of Texas               The County Court of Collin Co. met on Tuesday the 30th day of

County of Collin             June 1859 pursuant to adjournment.

Present as on yesterday officers.

 

            The following proceedings were had:

                        At the Term of the Court came WILLIAM PERRIN Administrator of the Estate of JACKSON HARDIN, Decd. and Files his accounts for Final Settlement of said Estate and it appearing to the satisfaction of the Court upon p____ that notice of the application of said WM. PERRIN for Settlement has been given in the manner Required by law and the Order of the Chief Justice and the Court having examined said account with all exceptions th____ and having the evidence in support and against said account finding the same just. Therefore the same is hereby approved and there being upon settlement the sum of One hundred & fifty one & 54/100 Dollars in the Hands of Said Admr. belonging to said Estate. It is Ordered by the Court that said Administrator pay over amts. The Hands of the Guardian of the Heirs of said Estate said amount of money and that upon such payments He shall (?) be and is hereby declared to be discharged from his trust in the promises (?).

 

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At this day comes BARBARY CULWELL, Administratrix of the Estate of SOLOMAN HUFFSTETLER, decd. for final settlement of said Estate continued by former order of this court to this day and an inspection of the final account of said Admx. It appears that there is on hand subject to the unpaid cost of this Court and Distribution the sum of $338 dollars & 75 cents; it further appears that the costs of this Court Amount to the sum of fourteen dollars & forty four cents which deducted leaves the sum of $324 dollars and 31 cents subject to the Distribution; it further appears from the report of said Admx. That the following persons, MARTHA HUFFSTETLER, Widow of the deceased and MARTHA HUFFSTETLER, eldest child of the Deced., MARY HUFFSTETLER, BARBARY CULWELL, EDWARD HUFFSTETLER JAMES HUFFSTETLER, ELIZA ANN HUFFSTETLER, ARON HOFFSTETLER, SUSAN HUFFSTETLER, and WILLIAM HUFFSTETLER being the Widow and children of said decedent are his Heirs at Law, it is ordered and adjudged by the court that one thirds of said distribution sum of $108. Dollars & 10 cents be set apart for said Widows of said decd., and the balance being the sum of $216 Dollars & 21 cents be set apart to be divided equally between the children of said deceased and it further appearing to the Court on the report of the said Admx. That she has paid off a judgment fully certified to this Court against MARTHA HUFFSTETLER the widow of said decd. amounting to the sum of $29 dollars and 91 cents it is ordered that said Admx. be allowed said payment and that the same be deducted from the distribution share of said MARTHA the Widow of said deceased and it further appearing to the Court that there is none of said Heirs or Distributees present or represented in Court, it is ordered that said BARBARY CULWELL Admx. Proceed to pay over to the Treasurer of the State as required by Law the said Distribution shares removing unpaid in her hands amounting to the sum of $294.41/100 Dollars.

 

It appearing to the Court that there is yet remaining in the hands of BARBARY CULWELL the Admx. of the Estate of SOLOMON HUFFSTETLER decd. one feather Bed. It is Ordered by the Court that she proceed to sell the same after having given at least ten days notice of the time and place of sale at public outcry at her Residence on a credit of twelve months or Tuesday the 4th day of August A. D. 1857.

 

Ordered that Court adjourn until next Regular time.

                                                                                    Geo. H. Pegues

                                                                                    Chief Justice

                                                                                    Collin Co., Texas

 

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In vacation July 7th 1857.

 

Now comes J. H. HARGERGER, admr. of the Estate of JAMES W. YEARY decd. and makes application for commissioners to be appointed to appraise the Estate of said decedent J. W. Yeary. The former (?) coms.[commissioners] appointed by this Court having failed to make a report as commanded. It is therefore ordered by the court that CORNELIUS BOWIE, JOHN McCLOVIS (?), and WILLIAM P. CHAPMAN be and they are hereby appointed commissioners to appraise the property and Estate of the said JAMES W. YEARY deceased, and that the said administrator appoint out to said Court the property of said decedent, and that they make report to this Court to be holden (sic) on the last Monday in July 1857.

                                                Issued

 

                        Adjourned                                                          Geo. H. Pegues, Chief

                                                                                                Justice Collin Co.

 

State of Texas

County of Collin             County Court Collin County July Term 1857.

                                    Be it Known that the county court of Collin County, Texas met on Monday July 27th 1857 for the transaction of Probate business.

Present:                                                                                    Geo. H. Pegues Chief Justice

                                                                                                Jno. S. Lovejoy, Eff. (?) Clerk

                                                                                                James H. Lovejoy, Sheriff

 

Ordered by the court that SILAS YARWELL (YARNALL?), Administrator of the Estate of BENJAMIN RENOLDSON (?) Decd. pay over to the Widow of said Decd. the Sum of twenty Dollars for the purpose of settling school tuition &c.

 

At this day came HENBY (HENRY?) T. HART Minor Heir of SARAH HART decd, formerly SARAH SAMSON, which said minor has attained the age of 14 years and having the legal right to choose the future Guardian of His Estate, this day in open court makes choice of CALEB HART, his father (?) and the Court being fully satisfied in his Judgment that the said CALEB HART is a suitable and competent person. There the said CALEB HART is Hereby appointed the Guardian of the Estate of said minor and that HART give Bond and security in the sum of Six Hundred ______ Dollars and that letters issue to Him as such Guardian.

                                                                                                            Issued

 

 

                                    Estate of ISAAC TALKINGTON Decd.

 

At this day M. C. TALKINGTON, S. M. TALKINGTON and JAMES T. COLEMAN, Administrator of the Estate of ISAAC TALKINGTON Decd. and files and Inventory and appraise Bill of the property belonging to said Estate…

 

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which had been examined and approved by the Court.

 

At this day came C. B. TALKINGTON, minor Heir of ISAAC TALKINGTON Decd., which said minor heir attained the age of 14 years and having the right to choose the future Guardian of His person and Estate at this day made choice of M. C. TALKINGTON as the future Guardian of His person & Estate and the court being fully satisfied that said M. C. TALKINGTON is a suitable and competent person. Therefore the said M. C. TALKINGTON is Hereby appointed the Guardian of said C. B. TALKINGTON'S Person and estate and that He give Bond in the Sum of $8000.00.

 

At this ELIZABETH J. TALKINGTON, minor Heir of ISAAC TALKINGTON Decd. which said minor has attained the age of 14 years and having the right to choose the future Guardian of her person and Estate at this day made S. M. TALKINGTON as the future Guardian of Her person and Estate and the court being fully satisfied that said S. M. TALKINGTON is a suitable and competent person. Therefore it is Ordered by the Court that said S. M. TALKINGTON be appointed Guardian of the person and Estate of said ELIZABETH J. TALKINGTON and that he give Bond in the sum of $8000.00.

                                                                                                Issued.

 

Ordered by the court that JAMES KEELING and ELI BAKER, Administrators of the Estate of SAMUEL and JANE FRENCH, decd. proceed to rent or lease out for the remaining Season a certain Farm, belonging to said Estate on the 20th day of August 1857 giving at least ten days notice of the time and place of renting at the late Residence of Decd.

 

Ordered that all property exempt from Examination (?) and sale be set apart to NANCY COLEMAN and Her children (widow and children) of SAML. P. COLEMAN, Decd. as presented by Article No. 11 Hartby's (?) Digest.

 

Ordered by the Court at ALIX BERRY be appointed Guardian Ad Litem to Represent the Minors C. B. TALKINGTON and E. J. TALKINGTON in Partition and Distribution of the Estate of ISAAC TALKINGTON Decd. it appearing that their Guardians are entitled to Portions of said Estates.

 

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Ordered by the court that M. C. TALKINGTON, Guardian of C. B. TALKINGTON and S. M. TALKINGTON, Guardian of ELIZABETH J. TALKINGTON, minor heirs of ISAAC TALKINGTON Decd. executed a Bond required to obtain a partition and Distribution of the Estate of said Decd. and Article No. 1559 Harthy's Digest.

 

Ordered that court be adjourned until tomorrow Morning 8 O'clk.

 

State of Texas               County Court Collin County

County of Collin             July Term 1857

The County Court of Collin County met on Tuesday the 28thy of July 1857 in pursuance (?) to adjournment.

Present:                                                                                    Geo. H. Pegues, Chf. J.

                                                                                                Jno. S. Lovejoy, Clk.

                                                                                                Jas. H. Lovejoy, Sheriff

 

 

                        Estate of ISAAC TALKINGTON, Dec,

 

Ordered by the Court that M. C. TALKINGTON, S. M TALKINGTON and JAMES T. COLEMAN, Administrators of the Estate of ISAAC TALKINGTON, Decd. proceed to sell at Public Outcry at the late residence of the Decd. on (blank) the (blank) day of (blank) 1857 on a credit of six month the (?) after giving (blank) days Notice of the time and place of sale all the perishable property belong to said Estate.

 

 

In the case of the H______

Of he Heirs of ISAAC TALKINGTON, Decd

For partition and Distribution

Of the Land, Negroes and

Moneys of the Estate of said decd.

                                                            It is ordered by the Court that GEOR. WHITE, WM. B. WEARSEUR, and ROBET B. MAYS be and they are hereby appointed commissioners to make a fair, Just and impartial Partition and distribution of the following described Property adjudged to the Property of the Heirs of ISAAC TALKINGTON, deceased, into five equal parts talking into consideration the quality and quantity and improvements on the lands and it appearing to the Court that ALMIRA E. COLEMAN, M. C. TALKINGTON, L. M. TALKINGTON, C. J. TALKINGTON AND C. B. TALKINGTON are the person by Law entitled to distributed shares of said Estate. Therefore it is ordered that said…

 

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…commissioners partition said Property said Estate to the said Heirs taking into consideration the following advancement that has been made to the following named heirs to wit: It appears that ALMIRA E. COLEMAN has received the Sum of Twelve Hundred ___ (blank) Dollars and that M. C. TALKINGTON has receive the sum of Twelve Hundred ___(blank) Dollars and that L. M. TALKINGTON has received the sum of Twelve Hundred Dollars. Each of the above

advancement was Cash.

._______________________________________________________________________

It appears to this Court that the above named Heirs are all the persons entitled to Distributive shares of said Estate and that they are all residents of the County of Collin, State of Texas and that C. B. TALKINGTON and E.J. TALKINGTON are minors and that ALEXANDER is their guardian Ad Litem.

 

The description of the Land to be divided is as follows to wit: Situated in Collin County on the Ridge between the East and Elm forks of Trinity River about nine miles N. 80° W from McKinney being Section No. 11 Township No. 5 Range 1 Eas[t] of the first Base Line and first Meridian and conveyed by Patent by the State of Texas to HARRISON JAMISON. Said Patent dated 11th April 1854 and conveyed to ISSAC TALKINGTON by said HARRISON JAMISON & Wife by Deed dated 10th day of Novr. 1856. Also Another Tract in said County containing one hundred acres being a part of the Colony Headright of THOMAS J. JAMISON on Turkey Creek a tributary of Little Elm being a part of the North half of Section No. 15 Township No. 5, North first Base Line Range 1 East of the first Meridian and conveyed to the said T. J. JAMISON by the State of Texas by Patent dated 11th April 1854. Beginning on the east line of said half section 100 Rods North of southeast corner thereof  Thence North 60 Rods to the N. E. corner of said half section Thence West 180 Rods with the North line of said half section Thence south 160 Rods to the South line of said half section Thence East with the south line of said half section 52 rods to A. A. TALKINGTON's S. W. Corner being a part of said half section herefore sold Thence North with said Talkington West line 100 Rods to his North West corner Thence east 128 Rods to the place of beginning.

 

Description of the Negroes is as follows to wit: One Negro Man (Peter) aged about thirty three years, One Man (Jim W. Genn?) age 23 years, One Man (Long Jim) age 21 years, One Woman (Bit) and two children and Girl aged 15 years named Hester, One Woman (Mary) age 50 years¾It is further ordered by the Court that a Writ of Partition be issued commanding the said Commissioners to proceed forthwith and make Partition and distribution of said Estate in accordance with the above decree of the the (?) Court and that the Clerk furnish each of the Heirs (?)…

 

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…with a copy of said Decree.

 

Ordered by the court that GEORGE WHITE, R. B. MAYS and WM. B. WEAR S___d be appointed appraisers of the Estates of the minors C. B. TALKINGTON and ELIZABETH J. TALKINGTON, Heirs of ISAAC TALKINGTON, Decd.

 

Ordered that court be Adjourned until tomorrow Morning 8 O'Clk.

 

The County Court of Collin County met on Wednesday, the 29th day of July 1857 in the pursuance to adjournment.

           

            Present                                                             Geo. H. Pegues, Chief Justice

                                                                                    John L. Lovejoy, Clerk

                                                                                    Jas. H. Lovejoy, Sheriff

 

State of Texas

Collin County                 This is to certify that JOHN L. LOVEJOY, County Clerk, Collin County, Texas did on Monday the 27th day of July 1857 mail to the address of the Treasurer of the State of Texas at the city of Austin a copy of an Order of the County Court, ordering BARBARY CULWELL, Administratrix of the Estate of SOLOMON HUFFSTATLER Decd. to pay over to said Treasurer an Amt. of Money, said order made at the June Term 1857 of the County Court, Collin County, Texas.

                                                Witness my hand this July 27th A. D. 1857

                                                            D. Stiff, P. M.

                                                              McKinney, Texas

 

The Original of the foregoing Record was filed for Record on the 28th day of July 1857 and was Recorded on the 29th July 1857.

 

                        Attest:                                      John S. Lovejoy, Clk C. C.

                                                                                    C. C. C. Texas

 

Ordered by the court that the final settlement with W. G. STROTHER about (?) of the Estate of B. C. STROTHER decd. be postponed until the next Regular time of this Court.

 

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This day JACOB BACCUS, Administrator of the estate of JOHN BANKMAN (?), Decd. filed his Report showing the condition of said Estate and praying for an Order to _____ the sum of 70 cents on the Dollar on all claims mentioned in said Report and upon inspection the court is satisfied that said order should be made. It is therefore ordered by the court that JACOB BACUUS the Admr. of said Estate proceed ____to the condition of said Estate as ____in said Report the sum of 70 cents on the claims that shou[d] (?) be ___y authorized (?) and presented (?) as the law _____ts and make report of His acts as the law requires.

 

This day comes GEO. WHITE, administrator of the Estate of JONATHAN PHILIPS Decd. by Petition and made known to the Court that the wheat Recd. as rent for a Portion of the farm of said Estate had become liable to be injured by the rains which have been prevalent and asks for an order of Sale of said wheat by private contract. He also asks that as much of the proceeds of said sale as may be necessary to secure the crop growing on said farm be applied to the repair of the fencing around the same. Therefore it is ordered that the said Administrator proceed forthwith to make sale of said wheat. It is also ordered that as much of the proceeds of said sale be applied to the repair of said Farm as may be necessary to secure the growing Crop on the same.

 

Ordered that Court be adjourned until the next Term in course (?).

                                                                        Geo. H. Pegues, Chief Justice C. C.

 

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State of Texas               County Court Collin County

County of Collin             August 28th 1857 In Vacation.

The county court of Collin County met on the 28th day of August 2857 in Vacation for the transaction of Probate business

                                                Present:                        Geo. H. Pegues, Chief J.

                                                                                    John J. Lovejoy, Clk.

 

The following proceedings were had:

 

Whereas it appears to the Chief Justice of said County that (blank) a minor who has no parents living and which minor has no estate and is living in Collin County, and under the Jurisdiction of this Court. Therefore it is Ordered by the Court that said minor (blank) be and is hereby bound to JORDON O. STRAUGHAN who is deemed by this court a suitable person who will take the support and education of such minor under his care until said minor shall arrive at the age of 21 years and that said STRAUGHAN enter such (?) bond for the faithful performance of his duty in the promises in the sum of five Hundred dollars.

                                   

Ordered that court adjourn.        

                                                            Geo. H. Pegues, Chief Justice

                                                                                    Collin County

 

State of Texas               County Court Collin County, Texas

County of Collin             August Term 1857

                        The county court of said county met on Monday the 31st day of August 1857 for the transaction of Probate business.

                                                Present:            Geo. H. Pegues, Chf. Justice

                                                                        John L. Lovejoy, C. Clk.

                                                                        James H. Lovejoy, Sheriff

 

At this day the following proceeding were had:

 

JOHN W. L. BUTTER (BATTER?) having filed his Petition praying the Court to appoint him Guardian of the Person and property of VIRGINIA L. SAUNDERS, Infant Heir of WM. S. SAUNDERS and GRACY SAUNDERS, Decd. a minor under the age of 14 years the Court being satisfied that it is necessary that a Guardian be appointed and that legal notice of the filing of said Petition has been given and that said BUTTER is a suitable Person. Therefore it is ordered that said BUTTER be and he is hereby appointed the Guardian of said minor person (to faint to read)….

 

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…and that he enter unto bond in the sum of six hundred Dollars and that Letters issue to him as such.                                                                                             Issued.

 

CALEB HART having filed his petition praying the Court to appoint him Guardian of the person and property of the minor ALEXANDER MAYS, Infant heir of MARY A. E. MAYS, Decd. under the age of 14 years. It appearing to the satisfaction of the court that legal notice of the application of said HART has been given and that he is a suitable person to receive said appointment. Therefore it is ordered by the court that said HART is hereby appointed Guardian of the Person and Estate of said Minor and that he enter into bond and security in the sum of six hundred Dollars and that therefore Letters issue to him as such.                                                Issued. 

 

It having come to the Knowledge of the Court by Petition of LOWERY ADAMS that PATRICK H. BELCHER and ALEXANDER S. BELCHER, minors over the age of 14 years, Heirs of JOHN BELCHER, Decd. reside in the County of Collin under the jurisdiction of this Court and have no Guardians of their persons or Estates and the Court having caused the said Heirs to be notified to appear at this time of the Court and choose a Guardian of their persons and property and It appearing by the return of the Sheriff that said notice was legally served upon them and ALEXANDER S. BELCHER having appeared and made choice of said LOWERY ADAMS as his guardian of Person and Estate and the said PATRICK H. BELCHER failing to appear as notified and the Court being satisfied that the said LOWERY ADAMS is a competent and suitable person to receive said appointment. Therefore it is ordered by the court that said LOWERY ADAMS be appointed the Guardian of the Persons and Estates of said PATRICK H. BELCHER and ALEXANDER S. BELCHER and that he enter into a Bond in the Sum of two Thousand & two Hundred Dollars and the good security and that upon giving said Bond that Letters issue to him as such.                                                                                                Issued.

 

Ordered by the court that W. G. STROTHER, Admr. of the Estate of B. C. STROTHER, Decd. be allowed the sum of Eighty Dollars compensation for services as Admr. of said Estate.

 

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                                    Estate of MAIZE R. FOSTER, Decd.

 

At this day JOHN M. SALMONS, Administrator of the Estate of MAIZE R. FOSTER, Decd. filed with the court an account of sale of certain Land belonging to said Estate sold under a former order of this Court and it appearing to the court after due _____ into the manner in which such sale was made that said sale was fairly made and in conformity with the law, and that it is in due form of Law. Therefore it is ordered and Deemed by the Court that said sale be confirmed and that said account be recorded by the Clerk of the court and that a conveyance be made to the purchasers of said land by the Administrator of said Estate.

 

                                    Estate of SAML. P. COLEMAN, Decd.

 

In accordance with Article No. 1154, Hartley's Digest, it is hereby ordered and Decreed by the Court that there be and is hereby set apart for the use and benefit of the Widow and children of SAMUEL P. COLEMAN, Decd. all property belonging to said Estate that is exempted from Execution or forced Sale by the Constitution and laws of the State of Texas.

 

Ordered by the court that the Administrator of the Estate of SAMUEL P. COLEMAN, Decd. proceed to Sale at public outcry on Wednesday, the 1st (?) day of October 1857 at the late residence of the Decd. all the Personal property belonging to said Estate, giving first ten days notice of the time and place of sale on a credit of twelve months.

 

At this Term of the court comes W. G. STROTHER, Administrator of the Estate of B. C. STROTHER, Decd., for Settlement of his Final account filed with the court at a former term thereof and the court having caused legal notice to be given by its order duly entered by parties noticed (?) of the application of said Admr. by the Clerk of said Court at the Court House door and two other Public places in the County of Collin which said Notice stated the Presentation of said account (to faint to read)…

 

Page 17

 

Term of the court when it was to be acted upon and required all persons to appear and contest said account and the same having been contacted (?) from the last time of this court to the present by Order duly entered upon the minutes of the same. It appearing to the court as above stated by proof of the clerk of said court that Notice was given in the manner required by Law and the order of this court and after examining said account with all the exceptions thereto and hearing the evidence for and Against said account and having Audited and Settled the same it is found that there is none of the Estate remaining in the hands of the said Administrator. Therefore it is Ordered by the Court that Administrator be discharged from his trust.

 

Ordered that Court be adjourned until tomorrow morning 8 O'Ck.

 

                                    Tuesday, September 1st 1857

 

The County Court of Collin County Met on the 1st day of Sept. 2857 for the transaction of Probate business. Present:                                                 Geo. H. Pegues, Chf. Justice

                                                                                    John L. Lovejoy, Clk.

                                                                                    Jas. H. Lovejoy, Shiff.

 

On this day came JAMES KEELING and ELI BAKER, Administrators of the Estate of SAML.  and JANE FRENCH, Decd. and made their Annual Report as such, and the court having examined the same carefully, and being satisfied that the same is correct, it is ordered that the same be approved.

 

Ordered by the court that HARRISON JAMISON, Admr. of the Estate of LAUDSON CLARK, Decd. proceed to hire at Private Hire from moment to moment a certain Negro girl, JULIA (JULYA?), belonging to said Estate until he be discharged from his trust as Administrator.

 

In the case of the Petition

Of JOHN W. ROWLAND for

The appointment of Guardians

Of the Heirs (Minors)

Of THOS. M. ROWLAND Decd.              On the Petition of JOHN

 

Page 18

 

 

W. ROWLAND for appointment of Guardians for the minor Heirs of THOS. M. ROWLAND, Decd. which said Petitioner represents to the Court that AMANDA M. ROWLAND, NATHAN H. ROWLAND and SOPHIA H. ROWLAND are minors under the age of 14 years and have no legal guardians of their persons & estates, and it appearing to the Court that legal notice has been given that a Guardian of their Persons and Estates would be appointed at this term of the Court and the court being satisfied that WM. B. WEAR [is] a suitable person to receive said appointment. It is Ordered by the court that said WM. B. WARE  be appointed the Guardian of the persons and estates of the said minors and that He enter into bond the same of six Thousand Dollars and that thereupon Letters issue to him as such.

                                                                                                            Issued

 

Whereas JOHN W. ROWLAND, THOS. M. ROWLAND and NANCY H. ROWLAND, Infant Heirs of THOS M. ROWLAND, Decd. over the age of 14 years have this day appeared in open court and made (severally) choice of TALTON CUNNINS as the future Guardian of their persons and estates and the court being satisfied that said CUNNINS is a suitable person to receive the appoint of the Guardianship of said persons. It is ordered by the court that said TALTON be appointed the Guardian of the Persons or (?) Estates of said minors _ad (?) that he enter into Bond and security in the sum of six Thousand Dollars and that therefore Letters issue to him as such.                                                                                         Issued.

 

At this Term of the Court comes TALTON CUNNINS and WM. B. WEAR, Executors of the Estate of THOS. M. ROWLAND, decd. and present their Report of the Condition of the estate of said Decd., which is approved by the court and the prayer thereof is granted. ¾And it is further ordered that GEO. WHITE, WM. PELHAM, (blank space) and J. H. WILSON be appointed commissioners to make Partition of the Estate left by said decd. in accordance with the prayer of said report and that said commissioners be furnished with a copy of this order and of said report and the will of said deceased for their guidance in the p_______? and make report of their action thereon at the next Regular term of this Court.

 

Page 19

 

Ordered that the sum of fifty Dollars be set apart for the support of the Ward NANCY B. PITTMAN, minor Heir of MICHAEL PITTMAN, Decd, out of the first funds of the Estate of said NANCY that comes into the Hands of her Guardian for the term of one year.

 

Ordered by the Court that WM. B. WEAR, JR., Guardian of the Person and Estate of NANCY B. PITTMAN, minor Heir of MICHAEL B. PITTMAN, Decd. proceed to Sell at Public outcry on the 34d day of November 1857 being the first Tuesday in said Month at the Court House door in the town of Sherman, Grayson County, Texas the following described tract piece or parcel of land (to wit) situated in the County of Grayson on the watters (sic) of Mill Creek, containing 200 acres of land off of a survey of 1043 acres sold to MICHEL PITTMAN by E. M. JONES and taken out of a survey of a league in the name of said JONES, Beginning at two percimons [persimmons?]and Hackberry blazed and makd X B. F. SAVAGE’S North West corner, standing in FIELDEN’S East line and the West line of E. M. JONES’ league Thence with said line N 13 E 1090 vs to the N W corner of JONES’ league Thence with his north line South 77 E 407 vs. to the south East corner of S. HORTONS’ Thence East 500 varas a Stone mkd BP S. 7 W 1090 vs. to the N E. corner of B. F. SAVAGE’S 200 acre survey Thence with his North line West 1050 vs to the place of Beginning the Terms of this sale to be one fourth of the Purchase money for cash in hand, the Balance (sic) on a credit of twelve months taking security and mortgage Deed upon the land of the purchaser purchasers. Said sale to be on said day between the Hours of 10 A. M. and 4 P. M. The above property is adjudged to be the property of said NANCY B. PITTMAN and is hereby ordered to be sold for her support¾the said Guardian to give…

 

p. 20

 

…at least twenty days notice of the time and place of such sale at the Court House door in the town of Sherman in Grayson Co., Texas and at the Court house door in the town of McKinney, Collin Co., Texas and at two other Public places in each of said counties.

 

Ordered by the court that the final (?) settlement of the estate of ALEXNADER COOPER deceased, set for this Term of the Court be postponed untill (sic) the Second day of the next regular Term of this Court.

 

Whereas WM. PHILLIPS on of the Heirs at law of the Estate of JONATHAN PHILLIPS Decd. who is entitled to his (?) distributive Share of the Estate of said JOHNATHAN PHILLIPS, Decd. has filed a complaint in writing in the Court praying that GEO. WHITE, the Administrator of said Estate, be cited to appear at this time of the Court and order an exhibit under oath of the condition of said Estate. It is ordered by the Court that the Clerk of this court issue a citation commanding the said WHITE to appear and make said exhibit as required by law.

 

At this term of the Court comes J. B. WILMETH, Guardian of the person and Estate of CATHERINE YOUNG and JAMES W. YOUNG, minor Heirs of SAMUEL YOUNG, Decd., and filed his Annual Report of the condition of the estates of said minors in which Report there is a ballance (sic) of $49.22 1/2 in favor of Guardian and the court having examined said Report and being satisfied that it is correct hereby confirms it and order it to be filed.

 

Ordered by the court that it be adjourned until tomorrow morning at 8 o'clock.

 

Page 21

 

State of Texas               County Court Collin Co. August Term

County of Collin             1857

 

                        The county court of Collin County met on Wednesday the 27t (?) day of Sept 1857 for the Transaction of Probate business pursuant to Adjournment.

                                    Present:                        Geo. H.  Pegues            Chief Justice Collin Co.                                                                           John S. Lovejoy             Clerk County Court

                                                                        Jas.  H. Lovejoy             Shiff Collin Co.

 

The following proceedings were had.

 

Ordered by the Court that the administrators of the Estate of ISAAC TALKINGTON Decd. proceed to sell at Public Outcry at the late residence of said Deceased on the fifteenth day of September A. D. 1857 all the Personal property belonging to the Said Estate giving at least ten days notice of the time and places of said Sale at the Court house door and two other Public places in the said County the terms of said Sale to be as follows viz for all amounts of 10 Dollars and under cash in hand and all amounts over ten Dollars on a credit of twelve months taking Security as required by law for the purchase money.