Page 51
At this term comes JOHN
M. SOLMONS, Administrator of the Estate of MEAZO R. FOSTER decd. and returned an account of sale of 23 ¼ acres
of land belonging to said Estate, which sale was made under a former order of
this court and the Court having inquired into the manner in which said sale was
made and said Report being found and legal and it appearing that said sale was
fairly made and in conformity with law. Therefore it is ordered that said sale
and the account thereof be and the same is hereby confirmed and Ordered to be
Recorded by the clerk and a deed of conveyance be made to H. H. GASSYM (?) the purchaser of said land upon his complying with
the Terms of the sale.
Estate of SAML.
BROWNING decd.
At this day came GALATIN
SEARCY Administrator of the Estate of said BROWNING decd. and filed his final account for the settlement of
said Estate. Therefore it is Ordered that the clerk of this court give 20 days
Notice of the time and term when said account will be acted on, which will be
the March Term 1858 at the Court House door and two other public places in said
county.
Estate of A. COOPER
At this Term comes LEWIS
H. MCNIEL Administrator of the Estate of ALEX COOPER decd. and filed his final account for the settlement of
said Estate to be acted on at the March Term 1858. Therefore it is ordered that
the clerk of this Court give 20 days notice of the time when said account will
be acted on at the Court House door of this county and two other public Places
in said County.
Community property of
F. S. BLANTON & M. M. BLANTON
At this day comes R.
M. MUGG, A. C. & BENJ. WHITE
and F. S. BLANTON and files for the
consideration of the Court an Inventory and appraisement of the community
property belonging to said F. S. BLANTON
and M. M. BLANTON his deceased
Wife which said Inventory and appraisement after due consideration and hereby
approved and Ordered to be filed and Recorded by the Clerk of this court.
Ordered that the application of SARAH SHAW on the probate of the Bill of IEPSOM SHAW be continued until the next term of this court.
Page 52
Ordered that Court be adjourned until tomorrow morning 8
o’clk A. M.
Wednesday, Feby. 24, 1858
County Court met pursuant to adjournment. Present as on
yesterday and this being the day to which the final settlement of
administration account on the Estate of LANCEN
CLARK deceased was heretofore continued, the consideration of the same was
taken up by the Court, and the same not being concluded to the Court adjourned
for the day, untill (sic) tomorrow morning at 8 o’clock.
Thursday, February 25th 1858. County Court met
pursuant to adjournment, present at on yesterday and the Court proceeding with
the consideration of the final account of H.
JAMISON administrator of LANCEN CLARK
deceased and having concluded the same after a restatement thereof, orders and
decrees as follows: that said HARRISON
JAMISON as administrator of said Estate is chargeable and accountable for
the sum of 1859 dollars and 55 cents on his cash receipts of the funds of said
estate. And after deducting errors and excesses of interest apparent on the
vouchers filed by said administrator, he is entitled to a credit for
disbursements in cash of 1359 dollars and 69 cents and the last sum subtracted
from the cash receipts above stated leaves a balance in cash in hands of said
administrator of 499 dollars and 95 cents. It is farther conndered (conferred?)
by this Court that said administrator is entitled to the sum of 92 dollars and
97 cents his lawful commission on the receipts and to the sum of 88 dollars and
32 cents his lawful commission on disbursements, making in the aggravate the
sum of 181 and 29 cents. This last sum deducted from the balance of 499 dollars
and 95 cents the sum last stated as remaining in the hands of said
administrator, leaves a balance of 318 dollars and 66 cents of the funds of
said Estate in the hands of said administrator and it farther appearing to the
Court to be just to allow to said administrator the sum of 25 dollars stated in
his account this day filed for his services in the safekeeping management and
preservation of said estate and the same being deducted from said sum of 318
dollars and 66 cents, leave a balance of 293 dollars and 66 cents in cash of
the funds of said estate, and the sum of 130 dollars being by said administrator
this day paid unto Court subject to distribution among the heirs of said Estate
and the same being deducted said sum of 293 dollars and 66 cents leaves a
balance of (unreadable) dollars and 66
cents of The funds of said estate remaining in the…
Page 53
…hands of said administrator subject to the future orders of
this Court and distribution among the Heirs as law of said estate.
At this Term of the court comes GEO WHITE, BENJ. F. MATHEWS and J. C. STRANGHAM commissioners appointed at a previous term of this
Court to make Partition and distribution of the Estate of JARRATT (JARROT?) HOWARD dec. and present to the Court their Report
of divisions but ABIGALE FOREMAN by
her Attorney having made it apparent to the satisfaction of the Court that the
cash named in said Decree making the appoint of commissioners was not Cash but
was a supposed amount in Lien of Personal Property also named therein and both
not subject of division. It is hereby decreed that said commissioners proceed
to correct and alter said Report So as to make a division equal without said
Cash amount of 465 Dollars and again to present the same to this court if
possible at this Term for consideration.
At this day again Comes GEO.
WHITE and BENJ. F. MATTHEWS a
majority of the commissioners appointed to divide the Estate of JARROT HOWARD decreased and present a
corrected report of the division of said Estate which is hereby confirmed and
ordered to be recorded and whereas it appears that an Portion of said Estate in
Dallas County which is fully described in said report is thereon represented as
incapable of division and valued at the sum of $2725.00 and whereas no
exceptions by any of the distributes of said Estate have been made to said
valuation and whereas ABIGAIL FORMAN
has agreed to take the same at Said valuation provided a credit of twelve
months is given. It is hereby ordered that ABIGAIL
FOREMEN have until the next regular Term of this Court to file the
necessary obligations to the other distributees of said Estate as required by Law.
Ordered that court be adjourned until next Regular term.
Geo.
H. Pegues, C. J. C. C.
Page 54
State of
Be
it known that the county court of Collin County,
Present: Geo.
H. Pegues Chief Justice
John
L. Lovejoy Ccerk
J.
H. Jenkins Deputy Sheriff.
WALTER YEARRY having filed in the clerk’s office
his account for a Final Settlement of the Estate of ELIZABETH HENDRIX decd. as Executor of the same. Therefore It is
ordered that the clerk of the county court give notice thereof as required by
law in such cases.
In accordance with a citation Issued by the court and duly
Served on ANN E. JACKSON administratrix
of the Estate of THOS. PHILLIPS
decd. she this day appeared and gave a new Bond and security which has been
examined and approved by the Court and this security on her former Bond is
hereby discharged from all liability for the future acts of said ANN E. JACKSON.
At this day and Term of the Court comes JAMES KEELING and A. J.
McA_____(McANEIR/McANEAR?) and JOHN
M. ____(MILLER?) two appraisers appointed at the previous terms of this
court to appraise the community property of the said JAMES KEELING and his deceased wife NANCY KEELING and returned to the Court an Inventory and
appraisement of the same, which having been duly considered by the court It is
ordered and adjudged that the same be confirmed and the clerk ordered to Record
the same.
At this time of the court the Petition of said G. THOMAS for letters of Administration
upon the Estate of WM. PERRIN decd,
was taken up for consideration it appearing that said Petition had been filed
with the clerk of the court more than ten days previous to the first day of
this term and that the clerk of the court has given more than ten days notice
of said Petition as required by law and the said THOMAS is a competent and suitable person to ________ said
Appointment. Therefore it is Ordered and adjudged this said THOMAS be appointed Administrator of
said Estate and that he give Bond in the sum of $16,000.00 and that thereupon
he receive letters of Administration of (unreadable).
Page 55
Ordered that ROBT. H.
BROWN, W. M. HERRON and WM. BEVERLY
and they are hereby appointed appraisers of the estate of WM. PERRIN.
Issued.
At this term of the Court to which the settlement of the final account of TALTON CUMMIUS and WLLIAM B.
WEAR Executors of the Estate of THOMAS
M. ROWLAND deceased was hereto fore continued appeared said WEAR and CUMMIUS and filed their final account and report with vouchers
showing after the satisfaction of all claims a cash balance on hand subject to
distribution among the Heirs at Law of raw estate of 32 dollars and 84 cents
and the said report account having been examined and approved and said sum of
32 dollars and 84 cents being paid into Court subject to the claims of the
Heirs at law. It is considered and adjudged by the Court that said Executors be
finally discharged from said administration.
Estate of ALBERT N.
(?) WILLIAMS
At this day and Term of the Court comes ALBERT N. WILLIAMS, minor heir of STERLING E. WILLIAMS
decd. over the age of 14 years and made choice of J. H. A. WALKER as the Guardian of his Estate for the future and
the Court being satisfied that he is a suitable and competent person to m______
said appointment. Therefore it is ordered that he be appointed such Guardian
and that he give Bond in the sum of $2,300 dollars and that thereupon letters issue
to him
Estate of WM. P. (?)
HASACK (?)
At this day and term of this court the Petition of SANFORD BECK was taken up. Which
Petition asks for letters of Guardianship on the Estate of WM. S. HASACK and the court having duly considered the same and being
satisfied that said BECK is a
competent person to receive the same and that legal notice of the filing said
Petition has been given. It is ordered and deemed by the Court that said BECK be and _________ appointed
Guardian of said W. S. HASAK and
give Bond the sum of one Thousand dollars & that therefore letters issue to
him. Issued.
Page 56
Ordered that the County Court of said County adjourn until
tomorrow morning 8 o’clk.
Present as
on yesterday
Geo.
H. Pegues Chf. Justice
J.
L. Lovejoy Clerk
J.
H. Jenkins Deputy Clk. (sic)
Ordered that GEO
WHITE, LEVI WILSON and TALTON
CUMMINS as appointed appraisers of the Estate of the minors, NATHAN ROWLAND, AMANDA ROWLAND and SOPHIA ROWLAND, heirs of T. M. ROLAND (ROWLAND?) decd.
Ordered that GEO.
WHITE, LEVI WILSON and W. B. WEAR
are and they are appointed appraisers of the Estate of the minors JOHN W. ROWLAND, THOS. M. ROWLAND & NANCY C. ROWLAND, Heirs of THOS. M. ROWLAND, decd.
At this day and Term of the court comes JAS. T. FISHER Admr. and ROBT.
FITZHUGH, WM. SNIDER and JOSEPH
HIXON appraisers of the Estate of J.
MILLER decd. and returned to the consideration of the court an additional
Inventory and appraisement of Newly Discovered Property belonging to said
Estate which has been examined and approved by the Court and ordered to be
filed.
At this day and Term of the court comes JAMES KEELING and ELI BAKER
Administrators of the Estate of SAMUEL
and JANE FRENCH decd. and announced
themselves Ready for the settlement of their final account filed at a former
term of this court and continued by order of the court. Other term and the
court upon said announcement having taken up said account and having duly
Examined that same with the exception that (?) and having restated the same, as
shown by referenced to the account and upon auditing, and settling said
account, it appears that their (sic) is get (sic) in the hand of said
Administrators the sum of eighteen hundred and seventy seven 67/100 dollars
remaining as a cash Balance (sic) and that their (sic) is about one hundred and
thirty acres of land belonging to said Estate in their hands which money and
lands is in the opinion of the Court subject to Partition and distribution
among the Heirs entitled thereto and MARJON
FRENCH and PEACHY ELLEN FRENCH two
minor Heirs of said Estate being represented in Court by JAMES KEELING their legal Guardian, the Court first having been
satisfied by ___of that legal notice has given of legally (?) said account by
the clerk of this court (unreadable)…
Page 57
…it is ordered, adjudged and ordered by the court that said
money and land be partition(ed) and distributed as follows (to wit): to ANN DUNCAN wife of (blank) DUNCAN, LOUISA FOWLER, wife of JOHN
FOWLER, JOHN FRENCH, MARION FRENCH, WM. RANDOLPH FRENCH and PEACHY E. FRENCH Adjudged to be the
Heirs of the said SAML. and JANE FRENCH decd. on part each, equal
to one Seventh of said money on hand and said land, which is hereafter
described by meats (metes?) bounds it is
further Adjudged that ROXY ANN FRENCH
wife of N. B. FRENCH decd. and JAS. S. FRENCH, child of said FRENCH decd. are heirs of said Estate
entitled jointly on seventh part of said Estate, their part in this division to
be set apart to the Heirs of N. B.
FRENCH decd. It is Therefore Ordered and decreed by the court that A. T. ROBERTSON, JOH. M. MILLER & A. J. McANEAR (?) be and they are
hereby appointed commissioners to make partition of said money above named and
the land hereafter described.
1st tract
in Collin Co., Texas containing (20) twenty acres of land, a part of a Survey
of [blank] acres made in the name of JOHN
CUMMINGHAM, a part of Section No. 25 Township No. 1 N 1 Baseline in Range 2
East 1st Meridian by Virtue of Colony Headright.
2nd tract in said County containing 21 acres
Known as fractional Section 24 Township 1 (?) North 2 Baseline Range 2 East first Meridian
Pattented (sic-patented) in the name of DAVID
HOWARD.
3rd tract being a part of said CUMMINGHAM’S HR Beginning at the NE
cor. Said 21 acre survey. Thence East Rods five chains & 8 links to HENRY HAHN’S line. Thence south 459
34/100 v. thence West 11 Rods 5 chs. 8 links to the S. E. Cor. Said 21 acre
survey. Thence north 459 39/100 vs. to the Beginning.
4th tract being a part of BENJAMIN WHITE HR (Headright) Survey Beginning 23 ¾ Rods from the
North West corner of said WHITE H.
R. a stake from which a p________mks x br. S 29 W 66 cks. Thence East 168 rods
to an ash in the West bank East Fork from which a Red Elm mrk X brs. N 45 W 14
links Thence South and East with the boundary of said stream to a point 76 Rods
& South 24 Rods East said corner a stake from which a Red Elm mrkd X brs. S
9 lks Thence West 20 (?) Rods a stake from which a ____(?) Oak mked X brs. N 62
W 6 lks. Thence North 76 Rods to the Beginning containing 81 acres of land. It
is further after due inquiry adjudged that no amendments (?) have been made to
any of the above named tracts.
Page 58
It is further adjudged by the court that the aforesaid Heirs
are residents of Collin County said
State except ANN DUNCAN who
is a resident of the state of _______________ (blank).
It further appears that MARION
and PEACHY E. FRENCH are represented
by their legal Guardian JAMES KEELING
that being (unreadable)
It further appears that JAS.
FRENCH represented in court having no legal Guardian Therefore it is
ordered that BUFORD HENRY be
appointed Guardian Ad (Litem?) to represent him in said Partition and
distribution. It further appears that JOHN
S. FRENCH and W. R. FRENCH are
represented by SIMS FOWLER legal
Guardian. It is ordered that J. H.
HARBEGUBE (?) appointed atty. to represent ANN DUNCAN in the partition and distribution said Estate.
It is further ordered that the clerk issue a writ
(unreadable) commanded them to make notice of the proceeding at the next
(unreadable) of this court 1858.
Issued.
Ordered that court adjourn until tomorrow Morn 8 O’clk.
Wednesday
March 3e1st 1858
The county court of said county met on Wednesday the 31st
pursuant to adjournment.
Present Geo. H. Pegues C. J.
J.
S. Lovejoy Clk.
J. H. Jenkins Deputy.
At this Term of the Court come GALLITAN SEARCY admr. of the Estate of the Estate (sic) presented
at the last Term of this Court be finally acted upon and proof having been made
that notice having been taken to said Court and the same appearing just. It is
hereby approved and allowed—from said account it appears that said
administrator has secured in all the sum of $121.60—That he has paid out the
sum of $53.10—That the expenses of this Court not settled and of this Term will
amount to $10.40—Two days attending of said Admr. at This Term $4.00—Expenses
of (unreadable) for presenting said receipt and for final discharge
$2.00—Commissioners which will leave in the hands of said administrator the sum
(unreadable) And none of the Heirs, Devisees or Legatees of said Estate or
their (unreadable) appearing in this Court and not being represented in Court.
It is therefore (unreadable) ordered that said administrator pay the said sum
of Thirty (unreadable) nine & 44/100 dollars into the Treasury of the State
of Texas.
Page 59
Estate EDWARD BRADLEY
decd.
In the case of the Petition of
JAS. S. BRADLEY Heir of EDWARD
BRADLEY decd. for Partition &
Distribution of said Estate
The application of JAMES
S. BRADLEY one of the Heirs of EDWARD
BRADLEY decd. having been taken up for consideration by the Court and after
due examination and consideration by the Court. And after due examination and
consideration by the Court It appearing that citation has been served on all
those entitled to shares or interested in said Estate as required by law It is
adjudged by the court that NANCY BRADLEY
Widow of said deceased, MARY A. HOWELL,
SARH W. LUCAS, THOMAS T. BRADLEY, JAS. S. BRADLEY and DANIEL (?) S. BRADLEY are the persons entitled by law to partition
& distribution all of Collin Co. said state except MARY A. HOWELL who is a citizen of Wise County said State and are
all of legal age.
It is further adjudged that the said NANCY is entitled to receive one half of all the lands of said
Estate, it being community Lands and a life term Estate in on one third of the
other half which is to be set apart to the Heirs with the reservation of said
life time Estate to the said NANCY.
It is further adjudged that said NANCY
is entitled to a partition of the personal Estate equal to two thirds (?) of
the same, that is of the personal community property and it is further adjudged
that MARY A. HOWELL, SARAH W. LUCAS,
THOS. T. BRADLEY, JAMES S. BRADLEY and DANIEL
S. BRADLEY are each entitled to one equal partition of one half of said
Community land and two thirds of the community personal of said Estate—except
the reservation of the life time Estate to the said NANCY on said land-the Commissioners are to make said life time
Estate be as equal upon the shares of the said MARY A. HOWELL, SARAH W. LUCAS, THOS. T. BRADLEY and JAS. BRADLEY
and DANIEL S. BRADLEY. It further
appearing that no advancements have been made to either or any of said
distributes the following is a description of the land to be partitioned as
above to wit: In Collin County, Texas being a part of the Peters Colony
Headright of EDWARD BRADLEY decd.
near and S. W. of McKinney of 320 acres containing about 180 acres being all
that portion of said Headright unsold at the death of the EDWARD the personal property to be partitioned…
Page 60
…is described as all those Article remaining on hand
contained and described in Inventory having date (?) 25th Novr. 1856
now on file in the clerk’s office.
Therefore it is ordered that GEO. WHITE, MR. PAUSH and J.
H. LOVEJOY be appointed commissioners to make Partition and distribution of
said Estate of said BRADLEY decd. in
accordance with the above decrees a copy of which the Clerk shall furnish them
and that a Writ of Partition be issued commanding them to proceed forthwith to
make said Partition and distribution in accordance with the above decrees also
commanding them to make a return of said writ and their actions under the same
to the next term of this court.
Ordered by the Court that WILLIAM C. McKINNEY, EZIEKIAL ROLAND [ROWLAND?] and WILLIAM MARTIN be and they are hereby
appointed appraisers of the Estate of the minor ALBERT N. WILLIAMS.
Whereas at a previous term of this Court the Commissioners
appoint to make a partition of he Estate of JARROT HOWARD decd. between the Heirs of said estate and it
appearing from the Report of said Court that a portion of the landed Estate is
not suitable of division to wit: a certain tract of land in Dallas Co.,
containing (blank) acres and whereas ABIGAL
FOREMAN, Widow late of the said JARROT,
decd. has argued to take said land which is fully described in the report of
said comrs. [commissioners] And an the advancement that have been made to each
of said Heirs have been duly considered and provided for, by the Court and the
said ABIGAL having given Bond and
approved security for the Vallue (sic) of said land as given by said comrs. To
the persons entitled hereto (?) which Bonds any made payable to twelve months
after oath (?) thereof. It is ordered that said Bonds be and they are hereby
approved and Ordered to be filed and the title of said lands are hereby ordered
and divided to be vested unto the said ABIGAL
FOREMAN wife of WM. FOREMAN.
Ordered that Court be adjourned until next term.
Page 61
Be
it Know that the county court of Collin County met on Monday the 26th
day of April A. D. 1858 for the transaction of Probate business.
Present Geo. H. Pegues Chief Justice
John
L. Lovejoy Clerk By
Buford
Henry Dept. Clerk
Jas.
H. Lovejoy Sheriff By
Jas.
H. Jenkins Depty sheriff.
This day come ANDREW
J. LEWIS and whereas it appearing to the satisfaction of the Court that an
notice has been given of the application of said ANDREW J. LEWIS to take out Letters of Guardianship upon the
persons and Estates of ROBERT P.
CHILDERS and SARAH E. CHILDERS
heirs at Law of ROBERT CHILDERS and EMILY CHILDERS deceased, Minor heirs of
said Estate.
It is therefore ordered by the court that the said ANDREW J. LEWIS be and he is hereby
appointed Guardian of the person and Estate of Said ROBERT P. CHILDERS and SARAH
E. CHILDERS minor heirs at Law
of the said Estate of ROBERT CHILDERS
and EMILY CHILDERS deceased, said ANDREW J. LEWIS being required to give
bond in the final sum of $1400 Dollars.
In the case of the Petition of
JOHN C. BATES for sale of
Real Estate of E.
CHENOWORTH.
His Ward. On
the application of JNO. C. BATES
Guardian of ELIZABETH CHENOWORTH the
following order was made. The Court being satisfied that the citation (?) on
the said application has been published according to law and having heard the
said application and (unreadable) being made there co. (?) and the Court being
satisfied that a lien exists on said property & that a necessity for the
sale of a portion thereof exists. Therefore it is ordered by the Court that
said JOHN C. BATES Guardian as
aforesaid proceed to sell the following described piece or parcel of land at
the Court House door in the County of Collin and town of McKinney on the first
Tuesday in June 1858 to the Highest bidder for cash (to wit) one Hundred (100)
acres of land in a square from out of the South East Corner of a seven Hundred
and fifty (750) acre tract allotted to the said ELIZABETH CHENOWORTH by the Commissioners appointed by the Dist.
Court of said County out of the Headright of HARDES (?) T. CHENOWORTH
and that…
Page 62
…and that (sic) He the said Guardian report his action in
the previous at the next term of this court, after said sale.
At this day comes FIELDEN
TWEEDLE and MOSES JONES,
executors of the Estate of W. G. HAYWARD
decd. And filed their Annual exhibit which has been examined and approved
by the County & order to be filed.
Ordered that court be adjourned until tomorrow morning 8
O’clk.
State of
The County Court of said County met pursuant to adjournment
on Tuesday 27th April 1858
Present Geo. H. Pegues C. J.
John
L. Lovejoy Clk
J.
H. Lovejoy sheriff
By
J. H. Jenkins Deputy
In the Estate of WM.
PERRIN decd.
Orders
&c.
1st. At this time
of the Court comes DAVID G. THOMAS
Administrator of the Estate of WM. PERRIN decd. and files with the Court
an Inventory and Appraisement of the property of the said Estate so far as has
come to his Knowledge which said Inventory and appraisement has been examined
by the Court and is hereby approved.
2nd. IN
Accordance with Article No. 1153 Hartley’s Digest it is Ordered by the Court
that DICY PERRIN, Widow of WM. PERRIN
decd. be allowed the sum of One Hundred & twenty five dollars for her
maintenance for the term of one year there being no minor children, which said
allowance shall be paid by the Adm. of said Estate out of the first funds of
the Estate that may come into his hands or in such personal effects of the
decd. as said Widow may choose to take at the Appraisement or a part thereof in
such as she may select.
3rd. In
conformity with the provisions of Article No. 1154 Harley Digest It is ordered
that all such property as is exempt from execution of force (?) sale by the
constitution and laws of this state be and the same is hereby set part for the
use (?) and hereby of DICY PERRIN
Widow of WM. PERRIN decd. tried (?) the Homestead, including two Hundred acres
of land in Vallue (sic) two Hundred dollars, Implement of Husbandry not to
exceed fifty dollars in vallue (sic) all (unreadable) implements (unreadable)
one Horse, twenty Hogs.
Page 63
4th It
is ordered that all the personal property contained (?) in the Inventory of the
Estate of WM PERRIN decd. now on
file not set apart in Kind for the purposes stated in the two proceeding orders
be sold at public auction on the Highest bidder in a (?) of six months on
Tuesday the 11th day of May 1858 after giving legal notice of the
time and place of sale, taking good security for the purchase money.
Estate of ELIZABETH
HENDRICKS decd.
It is ordered the court that WALTER YEARY Executor of the Estate of said decd. p____D wpay (?) over to the Heirs entitled to shares
of said Estate their Expenative (?) shaws (shares?) and take _____ (property?)
thereof.
In the Estate of Wm.
G. HAYWOOD decd.
Ordered by the Court that the Executors of the Estate of WM. G. HAYWOOD pay off all the
performance claims against said Estate that have been allowed by them.
It is further ordered that a pro rata payment of 61 cents on
the dollar be made by the said Executors of said Estate on $1193.36. Claims
Against said Estate of WM. G. HAYWOOD
and LEWIS HAYWOOD of the second grade
made the provisions of the Will of the said
W. G. HAYWOOD decd.
It is further Ordered that a pro rata payment of 23 cents 9
½ mills on $826.52 second class debts against the Estate of WM. G. HAYWOOD decd. be made to the
Holders of said claims.
It is ordered that the exhibit filed by the Executors of the
Estate of WM. G. HAYWOOD decd. be
approved & filed the same having been duly Examined by the Court.
Ordered that the commissions appoint at the last time of
this court to made partition and distribution of the Estate of EDWARD BRADLEY decd. have until the
next time of this court to make partition and their report of the same to this
court.
Page 64
At this Term of this Court appearing that Notice as required
by law has not been given of the application of WM SLACK and other for partition and Distribution of the Estate of SANDSON (LARCEN)?
It is Ordered by the Court that the Application of LEWIS H. McNEAL Administrator of the
Estate of ALEX COOPER decd. for
Final Settlement of aid Estate continued until the next term of this Court.
At this day come ALVIS
H. JACKSON and ELIZA his wife
and others heirs at law of ROBERT SCAGGS (SKAGGS?) deceased by ALEX
BERRY their attorney and on their motion it is ordered that A. T. ROBERTSON administrator of said deceased be required to return an
inventory and appraisement of the real property or landed estate of said ROBERT SCAGGS deceased, or show cause
to the contrary at the next regular Term of this Court, and that said
administrator be served with a copy of this order.
Ordered that court be adjourned until tomorrow morning 8
o’clock.
State of
Present
is as yesterday
G.
H. Pegues.C. J.
John
L. Lovejoy Clk.
J.
H. Lovejoy Shff.
It is Ordered that the Executors of the Estate of WM. G. HAYWOOD decd. proceed to hire
out two Negroes ARCH and SAMUEL belonging to said Estate from
month to month so long as they may think proper or until the court may order a
deposit (?)----disposition of the said Negroes to be made…
Page 65
State of
Present
as yesterday
G.
H. Pegues C. J.
J.
L. Lovejoy, Clk.
J.
H. Lovejoy Sf
J.
H. Jenkins depty.
Ordered that GEO.
WHITE, JOHN FARRIS and J. J.
HARRISON be and they are hereby appointed appraisers of the property
belonging to the minors ALBERT___
WILSON, JAS. D. WILSON and ALBERT WILSON, Heirs of ALBERT G. WILSON decd. late of Hakman
(Hickman?)
At this day come GEO.
WHITE, JOHN FARRIS and J. J. HARRISON,
appraisers of the estate of ALBERTINE
(?) WILSON, JAS. D. WILSON and ALBERT
G. WILSON and made return of and appraisement of the property of said
minors which has been examined by the court and is herEby approved and Ordered
to be filed. _____ come W. A. WILLIAMS
the guardian and files an Inventory which has be examined and is hereby
approved and Ordered to be filed.
At this time comes THOMAS
M. SCOTT (?) administrator of WM. M. SHIRLEY decd. and presents his
annual report and exhibit showing the condition of said estate which are
received and ordered to Be filed and it appearing from said report that is
could be for the interest of said estate that a suit now pending in the
District Court should be dismissed it a (?) considered by this Court that the
action of said administrator herein be approved and it farther appearing from
said report and exhibits that there is an available fund on hand subject to the
payment of debts of 658 dollars and 82 cents and outstanding debts to the
amount of 844 dollars and this court on a estatement (?) of said account being
of opinion that the item of 175 dollars and 32 cents reports as already paid at
par or per voucher No. 6 was improperly so paid and said item being brought
back on account as an unpaid claim and allowance being made for expenses of
administration outstanding. It is considered and adjudge by the court that said
administrator proceed to pay out of the funds on hand the sum of 60 cents on
the dollar of the claims outstanding as above stated.
Page 66
At the time of this court comes WABY (WESLEY?) A. WILLIAMS, guardian of LOUISA WILLIAMS, SARAH JANE WILLIAMS and ________W. WILLIAMS and returned to this court
an Inventory of the Property belonging to the said minor ______been examined
and is hereby approved.
Ordered that WESLEY
A. WILLIAMS Guardian ALBERTINE,
JAMES D. (?) and ALBERT G.
children of ALBERT G. WILSON decd.
proceed to hire at Public Auction on Monday the 10th day of May 1858
until 25th Dec. (?) 1858 the
following Negroes until (?)
Ordered that W. A.
WILLIAMS, Guardian [to] ALBERTINE
WILLSON (
Orders that Court be adjourned.
Geo.
H. Pegus. Chief Justice
Page 67
State of Texas County
Court, Collin Co.
Be it known that the County Court of said Court met in
Monday the 31st day of May 1858 for the transaction of Probate
business. Present:
Geo.
H. Pegues C. J.
J.
S. Lovejoy Clk.
J.
H. Lovejoy Shiff.
By
J. H. Jenkins Depty.
At this time of the Court comes J. O. STRAUGHAM (STRAUGHN) by Petition praying for Letters of
Guardianship on the Estates and Persons of JARRET,
SAMUEL, IGNTHA (LUCETA?), HARMAN (HARMEN?) and JAS. HOWARD______________________________minor
heirs of JARROT HOWARD decd. and its
court being satisfied that Legal notice of the filing of said Petition. It is
ordered that said J. O. STRAUGHAM are and hereby appoint
guardian of said minors and that he give bond in the sum of fifteen thousand
dollars and that letters be issued to him as such Guardian.
At this Term of he Court to which the partition of the
estate of LANCEN CLARK deceased was
heretofore continued it appeared to the court that MAHTILDA (MATILDA) LYLES, wife of HOWARD H. LYLES, and one
of heirs of said deceased is not present as required in Court and it further
appearing that said HOWARD H. LYLES
and wife reside (?) in Collin County and State of Texas it is ordered that they
be cited to appear at the next regular Term of this Court to show cause if they
can why partition and distribution of said estate should not be made as prayed
for.
Whereas upon an Examination of an Order made at the March
Term of this Court for the partition and distribution of the Estate of EDWARD BRADLEY decd. it found that
there was an Error made therein in the apportionment between the Heirs thereof.
So it therefore hereby ordered that this commissioners mentioned therein
proceed to divide all the property it being Community property into two equal
portions and to allow one portion to
NANCY BRADLEY, the widow of said EDWARD
decd. and to divide the other equal portions into five equal parts and to allow
one of said equal parts to each of the other heirs mention in said order.
Page 68
May Term A. D. 1858
At this day
comes MALINDA E. SHAW and presents
in accordance with her petition hereto fore filed in this court the Last will
and Testament of SEABORN SHAW
deceased for Probate and it appearing to the satisfaction of the court that due
notice of this application had been put up and published as required by Law.
Said will is admitted to probate on the clutten (?) affidavit of WILLIAM G. DEWEY one of the Subscribing
witness thereto which with said will is filed and ordered to recorded and it is
further ordered by the court that Letters testamentary ipsum from this court to
the person named in said will upon her filing her bond for the sum of Ten
thousand Dollars payable and conditioned as the Law requiring.
Ordered
that the court adjourn until tomorrow morning 9 o’clock.
Tuesday
morning court met and was present and presiding as on yesterday.
Estate of SAMUEL
& JANE FRENCH Decd.
Now
come into open court A. T. ROBERTSON, J.
M. MILLER and A. J. McANEAR commissioners heretofore
appointed by the court to partition and divide the Land and moneys (sic)
belonging to the Estate of SAMUEL
and JANE FRENCH deceased and
submitted their report and it appearing to the Satisfaction of the court from
the report filed by said commissioners that the Lands belonging to said Estates
were not susceptible of division without material injury to __________thereof
and the said commissioners having valued the said Land at $9 per acre and it
further appearing to the Satisfaction of the court that no one or more of the
Distributees (?) were willing to take said Land at its appraised ale. It is
therefore ordered by the court that JAMES
KEELING and JOHN (?) BAKER
administrators of the said Estates proceed to sell the followed described
tracts of Land on a credit of Six months after giving due notice of the time
and place of said sale to wit: one tract of twenty one acres situated in Collin
County Known as fractional Section No. 24 in Township No. 1 No. ___Base line
Range two E of the 1st
Page 69
..of December 1854. Beginning at the North East corner of a
Survey of twenty one acres of Land Patented to DAVID HOWARD--one other tract containing twenty acres convey to SAMUEL FRENCH by bond from RICHARD
M. MUGG, bearing date 7th day of December 1854. Situation in
Collin County, Beginning at the North West Corner of a Survey in the name of BENJAMIN WHITE of 640 acres thence south, thence West thence north, thence
East, thence South, to the Beginning and it is further Ordered by the court
that the above described Land be sold by said Administrators to the highest
bidders at the Court house Door in the town of McKinney on the first Tuesday in
July 1858.
Estate of EDWARD
BRADLEY Deceased.
Now at this
time comes into court GEORGE WHITE,
MATHEW R. PARISH & JAMES L. (?)
LOVEJOY Commissioners appointed at the March Term of this court to
partition and distribution of the Estate of EDWARD BRADLEY deceased, and submit their report which is ordered
by the court to be filed and recorded.
Estate of LEWIS
HAEYWOOD Deceased
Application
for Letters of Administration. Now come (blank) COFFMAN, the applicant for Letters of Administration on said Estate
and at his suggestion his application is continued until the next term of this
court.
Now
comes into court (blank) COLEMAN and
at his suggestion his application for Letters of Guardianship of the Person and
Property (blank) HAYWOOD minor heir of LEWIS HAYWOOD
deceased is continued until the next term of this court.
Estate of ALEXANDER
COOPER Deceased.
Now comes LEWIS McNEAL Administrator of said and
on his motion his account for final Settlement heretofore filed in this court
is continued.
Ordered court adjourn until the next Regular term.
Geo.
H. Pegues, C. J.
Page 70
State of Texas County
Court Collin Co.
The County Court of Collin Co. met on Monday of 28th
June 1858 for the transaction of Probate business.
Present: Geo.
H. Pegues C. J.
J.
L. Lovejoy Clk.
J.
H. Jenkins Deputy Shiff.
At this Term of the Court the following proceedings were
had.
Ordered that JOHN M.
COPE, JAMES COPE and WILY (?)
At his Term of the court comes J. M. HUFFINES, Guardian JONAS
HUFFINES, and made his annual exhibit of the condition of the Estates of said
JONAS and mode settlement of his
accts. of said Estate which have been approved and ordered to be filed.
At this Time of the Court comes HARRISON JAMISON Administrator of the Estate of SANDERSON (LANCEN?)
J. Z. (?) A.
& L. L.
Vs.
ALBERT N. WILLIAMS, Minor
Ordered
by the Court that J. J. DICKERSON
Esq. as appointed Guardian ad litem of the minor A. N. WILLIAMS and thereupon said Guardian appearing in
Page 71
ISSAC McMINNY (?), WM.
McRENNEY and JOSEPH S. KELLY be appointed
commissioners to divide said property tract and negro woman and her four
children equally between said Pltfs. (Plaintiffs) and deft. (defendant) Giving
to said one half and that said commissioners as notified of their appointment
and equisted (requested?) to report to the next term of this court.
At this Term of the court comes WILSON and ASBURN SKAGGS
minor Heirs of ROBT. SKAGGS decd over the age of 14 years
and made choice of ELIZA JACKSON as their future guardian of Person and Estate
and the Court being satisfied that said JENKINS
is a suitable & competent Person, Therefore it is ordered that said JACKSON be and she is hereby appointed
the Guardian of the Persons and property of the said minors and that she is
give bond in the sum of four thousand dollars and then (?) thereupon Letters
issue to her.
Ordered that court be adjourned until tomorrow morning 8
o’clk.
Tuesday
June 29th
County Court met pursuant to adjournment Present Geo. H.
Pegues C. J.
J.
L. Lovejoy Clk.
J.
H. Lovejoy Shiff.
Ordered that the Consideration of the Petition of the Heirs
of S. CLARK decd. for partition be
continued until the next term of the Court and it is ordered that H. H. LYLE and MATILDA LYLE be cited to appear at the next term of the Court and
show cause if any why partition of said Estate shall not take place.
Ordered that Court be adjourned until tomorrow morning 8
oclk.
Page 72
State of
Present Geo. H. Pegues, C. J.
J.
S. Lovejoy Clk.
J.
H. Lovejoy Shiff
Order that GEO.
WHITE, B. F. MATHEWS and (blank) be and they are hereby appointed
appraisers of the Estate of JARROT
HOWARD, SAML. HOWARD, HARMAN HOWARD, JAS. HOWARD and SYNTHA HOWARD,
minor Heirs of JARROT HOWARD decd.
at this Term of the Court come J. O.
STRAUGHAN Guardian of the above named Heirs and GEO. WHITE and B. F. MATHEWS
appraisers and returns to the Court an Inventory and appraisement of the
Property of said Heirs which has been examined and approved.
Ordered that J. O.
STRAUGHAN, Gr. (Guardian) of the minor Heirs JARROT, SAML., HARRON, JAMES, and SYNTHA HOWARD be and he is hereby authorized to sell at Public
auction or private sale as he may deem best some 75 or 90 head of cattle more
or less, an Indian pony and a colt belonging to the above named Heirs and that
He apply the proceeds thereof to the satisfaction of the claims against the
said Estates and for the support Education of said wards.
At this Term of the Court Comes up The account of sale of
100 acres of land made by JOHN C. BATES
Guardian of ELIZABETH CHENOWORTH,
under form Order of this Court for consideration & adjustment by the Court
and said account being in due form of law and It appearing that said sale was
fairly and legally made by said Guardian Therefore it is Ordered adjudged and
decreed by the Court that said sale and account of sale be confounded
(confirmed?) and that said Guardian made title to the purchaser of said land EDWARD HIGLY in accordance with the law
in said case of sale be Recorded.
Page 73
Ordered that the application of G. A. FOOTE praying that JESSE
PORTMAN ADM. J. VANDEMAN
be cited to give new Bond & security be continued and that citation as
issued commanding said PORTMAN to
appear at the next term of this court and give new bone &c.
Ordered that court be adjourned until the next Regular term.
Ge.
H. Pegues.
Page 74
State of Texas County
Court Collin Co.
The
Ordered by the Court that M. C. TALKINGTON Guardian of
C. B. TALKINGTON proceed to (?) out 40 acres of land belonging to said
minor on the 24th day of July 1858 to the Highest bidder giving at
least ten days notice at the court House door in McKinney & time other
Public places in Collin Co. said to be near on the premises of said C. B. TALKINGTON
G.
H. Pegues
Chief
Justice
Estes of Wm. G. HAYWOOD
Decd.
State of
Present
Geo. H. Pegues Chief Justice, V. J. L. Lovejoy, Clerk.
Ordered by the court that WILLIAM ROBERSTON, FRANCIS CHEVEY and WALTER YEARY be and they are hereby appointed appraisers to
appraise a portion of the property belonging to the Estate of WILLIAM G. HAYWOOD deceased which has
lately come into the hands of the Executors upon said Estate.
Page 75
July
26th
State of
Be
it known that the County Court of said County met on Monday the 26th day of
July A. D. 1858 for the transaction of Probate business:
Present:
Geo.
H. Pegues Chief Justice
E.
Higby Deputy Clerk
J.
H. Jenkins Dept Sheiff
Now at this day came JESSE
C. PORTMAN administrator upon the estate of JEREMIAH VARDEMAN Deceased and filen a new Bond in pursuance of the
order of this Court Made at the last term with WILLIAM A. PORTMAN and SAMUEL
L. JENKINS as Security which was approved by the court and ordered to be
filed.
In the matter of the Estate of
SAML. and JANE FRENCH Decd. JAMES KEELING and ELI
BAKER administrators upon the Estates of said Deceased having filed their
report of the Sale of real estate belonging to said Estates and it appearing
that the sale made by them is in all things fair and regular and in pursuance
of law, It is ordered that Said sale be and the Same hereby is in all things
confirmed and that said Administrators make and execute to the purchaser FRANCIS MARION FRENCH a deed to the
land so sold upon his securing to them the Sum of Eight hundred and one dollar
payable in Six months from this day by mortgage on Said lands and good personal
Security.
In the matter of the estate of
WILLIAM G. HAYWOOD Decd. MOSES
JONES & FILDEN TWEEDLE
Executors of the last will and testament of WILLIAM G. HAYWOOD Deceased appeared in open Court and filed an
additional Inventory of property that had lately come into their hands as such
Executors together with the apraisal (appraisal?) thereof which was ordered to be filed and
recorded.
Estate of ALBERT N.
WILLIAMS, a minor
Now
at this day comes J. Q. A. WALKER
Guardian of the person and estate and estate (sic) of ALBERT N. WILLIAMS and asks that appraisers be appointed to
appraise the estate of his said ward. It is therefore ordered by the court the WILLIAM E. McKINNEY, ISAAC A. McMINNAY & J. H. JENKINS be appointed such appraisers and that they report
their act to this court at the present or the next succeeding Term of this
Court.
Page 76
July
26th
In the matter of the application of BARBARY SCHLUTER under the act of the Legislature of the State of