Page 105
December Term A. D. 1858
State of
County of Collin County
Court of Collin County Exercising
Probate jurisdiction Met in the Town of
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
J.
Dud Sheriff
At which said Term the following business was had:
Estate of SAML.
Now at this day comes JOSEPH
M. BOUNDS, Administrator of said Estate and filed his Report and account of
sale made by him by virtue of an order and decree of this court made at the
last October term thereof by which said administrator was ordered to sell lots
fifty six and fifty seven in Block seven in the Town of McKinney belonging to
said Estate, and it appearing from said Report that said administrator sold the
said Lots at Public auction on the 7th (?) day of December Instant
in pursuance of said order, and that EDWARD
L. MORRIS became the purchaser at said sale for the sum of one thousand and
thirty five Dollars, and this court having inquired into the manner in which
said sale was made, and being satisfied that it was fairly made and in
conformity to law, it is therefore ordered adjudged and decreed by the Court
that said sale be in all things confirmed and the account thereof be Recorded
by the Clerk and it is further ordered adjudged and decreed that the said
administrator make and deliver to the EDWARD
L. MORRIS a deed of conveyance of the said Lots as above described, upon
Receiving from this MORRIS the security
required by Law.
Estate
of JOHN J. MILLER Deceased
At this day come ROBERT
FITZHUGH and JOSEPH DIXON,
commissioners appointed at a previous Term of this Court to appraise said
Estate and filed their Inventory and appraisement of Estate. Ordered
by the Court that said Inventory and appraisement be approved and Recorded by
the clerk.
Estate of PETER F. LUCAS Decd.
At this day come JOHN
M. McKINNEY, JAMES SNIDER and JAMES LOVELADY commissioners appointed at the Novr. Term of this
court, and filed their Report. Ordered that said Report be
approved and Recorded by the Clerk.
Page 106
Estate of the Minor Heirs of JARROT
HOWARD Decd.
At this day comes J.
O. STRAUGHAM Guardian of JARROT,
SAML., CYNTHIA, HARRISON and JAMES
HOWARD, minor heirs of JARROT HOWARD
Deceased, and made Report of the sale of Personal property belonging to said
Minors, and the Court being satisfied that said sale was fairly madered
(made?), ordered by the court that said sale be in all thing confirmed, and
that the same be Recorded by the Clerk.
Estate of the Minor Heirs of JARROT
HOWARD Decd.
At this day comes J.
O. STRUGHAM, Guardian of JARROT,
SAML. CYNITHA, HARRISON and JAMES
HOWARD, Minor Heirs of JARROT HOWARD
deceased, and Represents to the court that it would be to the interest of said
minors to hire out some one or two Negro children belonging to said minors,
ordered by the court that said Guardian proceed to hire said negroes for the
space of Twelve months at private sale.
Estate
of THOMAS A. BOREN Deceased
At this day comes W. G. ROBINSON, F. TWEDDLE and JOEL GLOVER, commissioners appointed at
the Novr. Term of this court to appraise the Estate of said deceased and filed
their Inventory appraisement of said Estate, ordered by the Court that Said
Inventory and appraisement be approved and Recorded by
the clerk.
Estate of the Minor Heirs of THOS. M. ROWLAND Decd.
At this day comes TARLTON
CUMMIUS Guardian of the person and Estate of THOMAS M. and NANCY H.
ROWLAND Minor heirs of said Estate and Reports to this court that in
addition to the property heretofore inventoried as belonging to his said wards,
he has collected for them from the Estate of J. C. M. HODGE in Missouri a distribution share after deducting all
expenses of collection Equal to the sum of 27 dollars and 65 3/8 cents each,
and files the receipts of JOHN L. LOVEJOY former clerk for 4 dollars and
20 cents costs paid by him, also J. H.
HENRY’S Receipt for one dollar and 5
cents tuition fee paid for NANCY H.
ROWLAND also that he has paid in cash to the said NANCY the sum of (10 ) ten dollars for the necessary expenses, and
he represents to the Court that JOHN W.
ROWLAND one of his said wards is now of full age and prays permission of
the court to pay over to him his said distributive share, as well as all his
other property derived from his parents’ Estate or in the hands of his said
Guardian and to be discharged from further Responsibility therefore. Ordered by
the court that said Report be and it is hereby
approved and that said Receipts for necessaries be allowed. And it is further
ordered that the said TARLTON CUMMIUS
Guardian as aforesaid, be and he is hereby…
Page 107
…authorized to pay over to his said Ward JOHN W. ROWLAND, his distribution
share, as well as all this other property derived from his parents’ Estate, or
that is in the hands of said Guardian to which his said Ward JOHN W. ROWLAND is entitled, and that
the said TARLTON CUMMIUS Guardian as
aforesaid be and he is hereby Released from any further responsibility
therefore upon his filing in this court a Receipt from under the hand of his
said Ward JOHN W. ROWLAND, for the
same.
Estate of the Minor heirs of THOMSON
& ABIGALE HELMS Deced.
At this day comes THOMAS
KENDALL Guardian of said Heirs, and files his Annual Report and settlement
ordered by the court that said Report be approved and Recorded by the clerk.
Ordered that court be adjourned untill (sic) tomorrow
morning 8 o’clock.
Pursuant to adjournment Court met Decr. 29th
1858.
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
J.
Dud Henry Sheriff
Estate
of RICHARD M. MUGG Deceased
At this day come ELISHA
CHAMBERS, who filed in this court his application for Letters of
administration on said Estate, and it appearing to the court that notice of
said application had been given as the law Requires, and there being no
objections filed in this court to said appointment ordered by the court that
the said ELISHA CHAMBERS be and he
is hereby appointed administrator of said Estate, and that Letters be granted
and issued to him upon his giving and filing his bond in the sum of twenty
thousand Dollars and that PLEASANT
WILSON, JONAS DAWSON and ANDREW J. McANAIR be and they are
hereby appointed to appraise said Estate and made Return to this court within
the time prescribed by law.
Letters
Issued Decr. 28th 1858
Attest
Buford Henry Clerk
Page 108
Estate of JAMES STALLCUP,
Decd.
At this day comes THOMAS
STALLCUP, who files his petition in this Court, for letters of
administration upon the Estate of said JAMES
STALLCUP Decd. Novr. 23rd 1858 and it appearing to the court
that notice of said application had been given as the Law Requires and there
being no valed (valid?) objections filed in this court to said petition,
ordered by the court that THOMAS STALLCUP
be and he is hereby appointed administrator of said estate, and that letters be
issued to him upon his giving bond with security for the sum of six thousand
dollars.
Issued.
Estate of ROBERT SKAGGS
Decd.
At this day come the commissioners appointed at the Novr.
Term of this court, to make partition and distribution of said Estate among the
heirs thereof and filed in this court their Report, and said Report having been
carefully examined by the court, and it appearing to the court that said division
had been fairly made according to law ordered by the court that said Report be
and it is hereby approved and ordered to be Recorded, and it further appearing
to the Court from said Report that the Lands belonging to said Estate could not
be partitioned among the heirs of said Estate without manifest injury to said distributees and no one nor any of the said distributes
electing to take said lands at the appraised value, Ordered therefore by the
Court that the administrator of said Estate proceed to sell said Land to wit: 424
acres as per the plat Returned to this court by said commissioners on a credit
of Twelve months at public auction at the court house door in the Town of
McKinney on Tuesday the first day of February A. D. 1859, within the hours of
10 A.M. and 4 P. M.. giving notice of the time and place of such sale so to be
made, twenty days at least before said sale posting a notice of such sale at
the court house, and at two other public places in the county where said sale
is to be made but not in the same Town taking bond and good Security from the
purchaser or purchasers thereof for the payment of the purchase money, together
with a lien on said land so sold, and make Report to this Court.
Estate of THOMAS F. BOREN
Decd.
At [this] day come MOSES
JONES Executor of said Estate and Represents to the Court, that there is a
Necessity for the sale of a part of the personal and Real property belonging to
said Estate for the payment of Debts against said Estate and the Expenses of
Executorship. Ordered by the Court that the said Executor proceed to sell the
property as first specified in the will of said
Testator, in accordance to said will after having said land
as mentioned in said will surveyed.
Page 109
Estate of Minors Heirs of THOMPSON
and ABIGALE HELMS Decd.
At this day come THOMAS
KINDALL Guardian of said Heirs and asks the Court for an allowance for the
keeping of said Heirs. Ordered by the Court that $180 be and is thereby allowed
the said Guardian for the Keeping of said heirs to this date, which leaves a
balance in cash in the hands of said Guardian of $1106.07.
Estate
of ELIZA WETSEL former wife of PETER WETSEL community property.
At this day comes up this cause to be heard and whereas at
the former term of this court upon the return therein of Inventory and
appraisement of said Estate. Where upon the Court Required that the said PETER WETSEL give security and whereas
said cause has been continued from term to term of this Court on account of the
absence of the said PETER WETSEL and
whereas the Court upon a more careful examination of An Act Supplementary to
the Act of March 13th 1848 entitled “an act better defining the
Martial Rights of Parties,” the Court is of the opinion that the said at does
not require the surviving husband or wife to give security unless there be
complaint made to the Court. Ordered therefore by the Court that said Inventory
& appraisement be Recorded.
J.
J. Harrison Chief Justice
Special
Term in vacation
County Court Collin County Exercising probate jurisdiction
January 19th `859
Estate
of JAMES. STALLCUP Decd.
At this day comes THOMAS
STALLCUP admrs. of said Estate and asks the court to appoint appraisers of
Said Estate. Ordered that JOEL F.
STENSIS, SAML. P. BROWN and WM. A.
BROWN be and they are hereby appointed to appraise said Estate and make
Report to this Court.
J.
J. Harrison
Chief
Justice Collin Co.
In
vacation
January 28th 1859
Estate of
RICHD. M. MUGG,
Decd.
At this day comes ELISHA
CHAMBERS admr. of said Estate and Returns Inventory and appraisement of
said Estate ordered by the Court that the Clerk Record the same.
J.
J. Harrison Chief Justice
Page 110
January Term 1859
State of
Exercising
Probate jurisdiction met
in the Town of
Present: John J.
Buford
Henry Clerk
J.
Dud Doak Sheriff
Estate of SAML.
and JANE FRENCH Decd.
At
this time come
ELI BAKER and JANE KEELING administrators of said Estate and filed their account
for final settlement of said Estate ordered by the court, that the Clerk give
the Notice Required by Law of the filing of said account Hartley’s Digest
Article 1858.
Estate of PEACHY E.
FRENCH Minor heir of SAML. & JANE FRENCH Decd.
At
this day comes JAMES KEELING
Guardian of said Minor and filed his annual Report ordered by the Court that
the same be approved and Recorded by the clerk.
Estate of RACHEL
ELLAM (?) Minor
At
this day comes JACOB ROUTH Guardian
of said Minor and filed his Report which said Report is approved and ordered by
the Court that the Clerk Record said Report.
Estate of LANSON
At
this day comes HARRISON JAMISON,
commissioner appointed by this court at a previous term of said court to make
sale of certain Lands and Slaves belonging to said Estates, and files his
account of sales and the court inquiring into the manner in which said sale was
made, and it appearing to the court that said sale was fairly made and in
conformity to Law, ordered by the court that said sale be confirmed, and that
the same be Recorded by the clerk, and it further ordered and decreed by the
court that said commissioner make conveyance of said lands and Slaves to the
purchasers thereof by their complying with the terms of said sale, said
commissioner paid into court seven hundred and seventy five Dollars and twenty
five cents the one fourth of said sales cash in hand paid.
Page 111
Estate of PHILIP D.
CROME minor
At
this day comes JAMES FOREMAN
Guardian of said Minor and asks the court to appoint appraisers to appraise
said Estate. Ordered by the Court that BENJ.
F. MATTHEWS, ROBERT CARPENTER and WM.
BEVERLY be and they herrby appointed to appraise
said Estate and make Report to this court.
Ordered by the court that court be adjourned till tomorrow
morning 8 o’clock.
Court met Tuesday February 1st 1859
Present: J. J. Harrison Chief Justice
Buford
Henry Clerk
Jas.
L. Read Depty. Sheriff
Estate of JOHN J.
MILLER Decd.
At
this day comes JAMES L. (F.?) FISHER
administrator of said estate and makes his annual Report and statement of the
condition of said Estate, and asks the court for an order to sell the personal
property belonging to said Estate, and to Rent the premises of said Estate,
ordered by the Court that the said administrator proceed to sell the personal
property of said Estate, to wit the Stock consisting of horses, cattle, sheep,
farming utensils, and house Rails, for cash, in hand, and also to Rent the
premises belonging to said Estate untill (sic) the first of October Next for
cash payable at the expiration (?) of time of letting which said sale of
personal property and the Renting of the said premises to be at public
auctions, first giving ten days Notice of the time and place of said sale and
Renting, said sale of the personal property to continue from day to day untill
(sic) the same is all sold or so much of said property as can be found, the
selling to be within the hours of 10 A. M. and 4 P. M. The Rentor (renter) of
said premises to give bound (bond) and good security.
Estate of SAMUEL
HOWARD Minor
At
(this) day come J. O. STRAUGHAM Guardian
of said Minor, and Represents to the court, that there are debts due his said
Ward, and that it would be to the interest of said Ward to take in payment for
said debts 95 acres of land set apart for MARY
FOREMAN in the partition and
distribution of the Estate of JARROT
HOWARD deceased, and the court being of the opinion that it will be to the
interest of said Minor SAMUEL HOWARD, Ordered by the Court that J. O. STRAUGHAM Guardian of said Minor…
Page 112
…be and he is hereby authorized to purchase said 95 acres of
land for the use of his ward, in the payment
of said debts as herein specified, and secure title for the same, for
his said ward.
Estate of GEORGE W.
GUNNELS and POLLY GUNNELS
Community property
At this day
comes GEORGE W. GUNNELS and files
his Petition praying the Court to appoint commissions to appraiser said Estate.
Ordered that JAMES MAXWELL, ALLEN MEMILION (?) and WILLIAM SACHSE be and they are here appointed to appraise said
Estate and make Report to this court.
Estate of THOMAS F.
BOREN Deceased
At
this day comes MOSES JONES Executor
of said Estate and files an account of sale of Personal property belonging to
said Estate, ordered by the court that the same be confirmed and Recorded by
the Clerk.
Estate of WM.
Ordered
by the Court that HARRISON JAMISON be
permitted to withdraw from this court a petition filed by the said H. JAMISON administrator of said Estate
at this term of the court that he may make out his account for finnal (sic)
account of said Estate.
Estate of WM. SHERLY
(SHIRLEY?)
And
now at this time came the administrator of said Estate and upon his petition
and the facts of this case, the Court being satisfied that said admr. had paid
the sum of $175.32 two judgments pending against said SHIRLEY at the time of his death which judgments had been stayed by
said admr. and the court being further satisfied that said judgments were a
lien upon all the personal property belonging to said Estate at the time of the
decease of the said SHIRLEY, and the
court being further satisfied that the SHIRLEY
had at the time of his death sufficient property for the payment of said
judgment exempt from forced sale, It is therefore considered and adjudged by
the court that so much of an order of this court bearing date 19th
day of April A. D. 1858 as reinstated voucher No. 6 held by said admr. and
scailing (?) said amount and placing it in order of payment in 4th
clap claims be and the same is hereby cancelled and that said sum of $175.32 be
and remain in the hands of said Admr. for the payments of said Judgment as paid by said Admr.
Page 113
Estate of RICHARD M.
MUGG, Deceased
This
being the first term of the court after the original Grant of letters
testamentary upon said Estate, and also the first term of the court after the
Return of an Inventory and last of claims have been Returned, Ordered by the
Court that 250 dollars be allowed for the Widow and minor heirs of said
deceased for their maintenance for one year, and it is ordered by the court that
there be and is hereby set apart for the use and benefit of the widow and
children of said deceased, all such property as may be exempted from Execution,
or forced sale by the constitution or laws of the state, as provided by Hartleys
Digest Art. 1154.
Ordered that Court be adjourned until tomorrow morning 8
o’clock.
Court met Wednesday February 2d 1859
Present J.
J. Harrison Chief Justice
Buford
Henry Clerk
Thos.
A. Lowry Depty. Sheriff
Estate of RICHARD M.
MUGG Deceased
At
this day comes ELISHA CHAMBERS
administrator of said Estate and makes application in writing accompanined by a
Statement of the estimated expenses of administration, and of all the claims
against the Estates that have been presented to him specifiying what claims
have been allowed by him, for an order to sell all the personal property belong
to said Estate that is of a perishable charcter to wit the Stock belonging to
said Estate consisting of Horses, Hogs, Sheep and Cattle. Ordered by the court
that the administrator of said Estate proceed to sell at public auction at the
late Residence of the said deceased all of said Personal property that may not
be taken by the Widow of said deceased, on a credit of 12 months, upon all sums
over 5 dollars, all sums of 5 dollars and under to be paid in hand, the
purchaser or purchasers giving bond and good security, giving at lat (least?) ten days notice of the
place and time of said sale, by posting written notice thereof at three public
places in the County of Collin, on to be at the Court House door, in the Town
of McKinney ant the other two at two other public places in said County, said
sale to be within the hours of 10 A. M. and 4 P. M. and to continue from day to
day until (sic) all of said property is sold.
Page 114
The estate of ALEXANDER
COOPER deceased
Vs.
LEWIS McNEIL Admr.
And
now at this time this cause coming on to be heard, and it appearing to the
satisfaction of the court that the proceedings in the cause had been irregular
and that there was an indebledness (indebtedness?) from said Estate to the
admr. and he having filed his application and petition Releasing said estate
and asking that the admr. be dismissed and the succession closed.
It
is therefore considered adjudged and decreed by the court that said prayer of
said admr. LEWIS McNEIL be received
and he is hereby fully discharged from said administration that the same is
fully closed, and the voucher with his account current be approved.
Ordered by the Court that court be adjourned untill (sic)
tomorrow morning 8 o’clock.
Court met Thursday 3rd February A. D. 1859
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
Thos.
A. Lowry Depty Clerk (sic)
Estate of PHILIP D.
CRUME minor
At
this day comes JAMES C. FOREMAN Guardian
of the said PHILIP D. CRUME and
present his report accompanied by an inventory and appraisement of the property
of said Ward, and two accounts duly verified one of the personal expenses of
his said Ward and the other of expenses of removal of said property from the
state of Kentucky to Texas, from which it appears that said Guardian has now in
this state subject to the orders of this Court the Negroes specified in said
inventory of the aggregate value of 9980 dollars and showing that said Guardian
has collected in cash in Kentucky after defraying all necessary expenses of
said collection the sum of 11258 dollars and 50 cents and this court having
examined the said accounts so filed by said Guardian and the same being duly
verified and no exceptions being filed thereto said accounts are approved and
confirmed by the Court as proper expenditures of the estate of said Ward and
1291 dollars and 33 cents the aggregate amount of said two account being
deducted from the amount of cash embraced in said inventory to wit 11258
dollars & 50 cents leaves a balance in the hands of said Guardian in cash
belonging to his said Ward of 9965 dollars and 17 cents and it further
appearing that said Guardian commission on Receipts 11258 50/00 $ amount to
the…
Page 115
…sum of 562 92/100 dollars and Commission on disbursements.
$1291 33/100 / amounts to the sum of 64 dollars 56 cents and
said commission on Receipts and disbursements being added together and
amounting to the sum of 627 dollars & 48 cents it is ordered by the Court
that said Guardian be allowed said sum and the same being deducted from said
sum of 9967 dollars & 17 cents leaves a balance in the hands of said
Guardian belonging to his said Ward of 9339 dollars and 69 cents. Also ordered
by the court that the Clerk Record the inventory and appraisement of said
Ward’s Estate, and it is further ordered by the court that said Guardian
proceed to hire out at public auction to the highest bidder the following named
Negroes, giving 10 days notice of the time and place of Hiring JAMES, FELIX, HARDIN, EDMOND & GEORGE until the 25th day of
December next and to sell at public auction the same time and place after
giving like notice the following property to wit one wagon & harness, Bay
Mare, Tent and Cooking utensils on a credit of 12 months bond and approved
security being Required of said ores and purchasers. It is further ordered that
said Guardian be authorized to hire privately if their health or condition will
permit the following named Negroes Man HENSON,
Boy LEWIS and Girls ELIZABETH and SUSAN.
Estate of JEFFERSON
F.
It
is ordered by the Court that ALEX BERRY
heretofore appointed by this court an attorney to Represent the interests of JEFFERSON F. CLARK a non Resident of
this State in the partition of the Estate of LANCEN CLARK deceased be allowed the sum of 10 dollars out of the
distributive share of said JEFFERSON F.
CLARK now hand in this court (sic).
Estate of JOHN PHILLIPS
At this day come HENRY SHIELDS one of the securities of WILLIAM PHILLIPS Guardian of said JOHN PHILLIPS and filed his
petition praying that citation may be served upon the said WILLIAM PHILLIPS to come forward and give new security as such
Guardian and that he be Released from any further liability for the future
action of said Guardian, ordered by the court that citation be served upon the
said WILLIAM PHILLIPS to appear at the
next term of this court and give new bond as said Guardian
of JOHN PHILLIPS..
Page 116
Estate of LAURA
HOMES, ROBERT TITUS, CHARLES JACKSON and WILLIAM FRANKLIN BENGE Minors
At
this day comes JOSEPH J. DICKSON and
represents to this court that the said Estate of said minors is in the hands of
THOMAS O. BENGE, and that he is
mismanaging the same, and prays the Court that citation be served upon the said
THOMAS O. BENGE to appear and show
cause why a Guardian shall not be appointed for said minors also that citation
be decreed upon LAURA HOMES BENGE minor over the age of 14 years to
appear and choose her own Guardian and also files his petition to be appointed
the Guardian of the property of ROBERT
LILES, CHARLES JACKSON and WILLIAM FRANKLIN BENGE. Ordered by the
Court that THOMAS O. BENGE be cited
to appear at the next term of this court and show cause why a Guardian for said
Minors above named shall not be approved and also that LAURA HOMES BENGE be cited to appear at the next term of this court
and choose her own Guardian, also that notice of the filing of the said J. J DICKSON application for Letters of
Guardianship of the property of ROBERT TITUS,
CHARLES JACKSON and WILLIAM JACKSON BENGE, be given as the
Law Requires.
J.
J. Harrison Chief Justice
Page 117
State of
Collin County Exercising
probate jurisdiction met on Monday the 28th day of February A. D.
1859.
Present: J. J. Harrison Chief Justice
Buford
Henry Clerk
J.
Dud Doak Sheriff
Estate
of SAMUEL and JANE FRENCH Decd.
At this day comes ELI
BAKER and JAMES KEELING
administrators of said Estate, who at former term of this court presented their
account verified by oath for settlement and it appearing to the court that
notice of the filing of said account had been given as the law directs, and
after examining said account and there being no exception there to filed in
this court, ordered by the court that said account be and it is hereby
approved, and it appearing to the court from said account that there is in the
hands of said administrator $892.38 leaving after deducting the following sums,
$89.28 coms (?) allowed said administrators, &
the further sum of $1.75 for writing Deed & certificate of acknowledgments,
& the sum of $1.30 Taxes (?) paid, Chief Justices’ fees $6.46 the sum of
$790.00. Ordered by the Court that said administrators pay over said sum of
money to the following named distributes they being fairly and properly
Represented in this Court, to wit: To ANN
DUNCAN $112.85 LOUISA FOWLER $11.85 ROSEY
ANN FRENCH $112.85, FRANCIS M.
FRENCH $112.85 JOHN FRENCH $112.85,
RANDOLPH FRENCH $112.85, and PEACHY E. FRENCH $112.85 and take Receipts therefore, and upon the
filing of said Receipts in this court said succession to be closed and said
administrators released from any further liability.
Estate of JOHN HAGGARD Deceased
At this day comes SMALLWOOD
A. ELKIN who filed in this court application for letters of administration
upon said Estate and it appearing to the satisfaction of the court that notice
of said application had been given as the Law Requires and there being no
objection to the grant of said letters, ordered by the court and that Letters
of administration be issued to the said S.
A. ELKIN upon his executing his bond with good security in the sum of
twenty eight thousand Dollars.
Issued.
Estate of JOHN HAGGARD Deceased
Ordered by the Court that JOHN HUFFMAN, SEN., DR. JOHN HUFFMAN, JUN., and SILAS HERRINGTON be and they are hereby
appointed commissioners to appraiser all the Real and personal property of
deceant (deceased?)
Page 118
Estate of ELIZABETH CARROUTH (CARRUTH) &
ALEXANDER CARRUTH her late husband
At this day comes ELIZABETH
CARROUTH (CARRUTH) and filed her
petition praying the court to appoint commissioners to appraise the Community
property of herself and said decedent, ordered by the Court that WM. H. HERRON, WALTER CAROUTH and JOHN NINON (?) be and they are appoint
commissioners to appraise said Community property and make Report to this
Court.
Estate
of THOMAS F. BOREN Deceased
At this day comes MOSES
JONES Executor of said Estate and files in this Court an account of sale,
of 167 9/10 acres of land, describing said land metes and Bounds, and the Court
inquiring into the manner in which said sale was made and being satisfied that
said sale was fairly made and in conformity to Law ordered by the court that
said sale be and is hereby in all things confirmed, and that said account of
sale be Recorded by the Clerk, Further ordered and decreed by the court that
the said executor make conveyance of said land to the purchaser of the same by
his complying with the terms of said sale.
Estate
of ROBERT SKAGGS, Decd.
At (this) day comes ALEXANDER
T. (?) ROBERTSON administrator of said Estate, and filed in this court an
account of sale of 424 acres of land belonging to said Estate, and it appearing
to the court that said sale was made in compliance with a previous order of
this court, and that it was fairly made and in conformity to law ordered by the
court that said sale be in all things confirmed and that said account of sale
be Recorded by the Clerk and it is further ordered adjudged and decreed that
said administrator proceed to make deed or deeds of conveyance to the purchaser
or purchasers the thereof they having complied with the terms of said sale.
Estate
of J. J. MILLER Deceased
At this day comes JAMES
T. (?) FISHER administrator of said Estate and filed in this court an
account of sale of personal property of said Estate made in pursuance of a
former order of this court and also an account of Renting the premises of said
Estate and it appearing to the satisfaction of the court that said sale and the
renting had been fairly made and in conformity to Law ordered that said account
of sale and renting be confirmed and that the clerk Record the same.
And whereas the Said JAS.
T. FISHER administrator as aforesaid Represents to this Court that the
account of sale this day filed in this court by the said admrs. does not
embrace all the personal property of said Estate ordered to be sold at a former
term of this court, and whereas the said administrator prays for an order of
this court to sell the remainder of said personal property and whereas it
appearing to the court that said administrator has advertised as the law
Requires to sell said personal…
Page 119
…property on the fourth day of March 1859. Ordered therefore
by the court that the said administrator proceed to sell said residue of said
personal property on the 4th day of March 1859 and make Report to
this Court.
Estate of GEORGE W. GUNNELS & POLLY GUNNELS
his wife Decd.
At this day comes GEORGE
W. GUNNELS of said Marriage and filed an inventory and appraisement of the
community property of the said porty (party?) at the death of the said POLLY GUNNELS Deceased. Ordered by the Court that the Clerk Record said
Inventory and appraisement.
Ordered that court adjourn untill (sic) to-morrow Morning 8
o’clock.
March
1st 1859 Court met pursuant to adjournment.
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
J.
Dud Doak Sheriff
Estate of VIRGINIA L. SANDERS Minor
At this day comes JAMES
W. L. BUTLER Guardian of said Minor and prays the Court to appoint
Commissioners to appraise Said Minors Estate. Ordered that J. W. BULTER, STEPHEN MARSHALL and DANIEL MORGAN be and they are hereby appointed to appraise said Estate
and make Report to this Court
Estate
of JOHN PHILLIPS
At this day comes WILLIAMS
A. PHILLIPS Guardian of the property of said JOHN PHILLIPS and files in this court an account against his said
Ward of $163.87 and said account being examined by the court, ordered by the
court that said account of $163.87 be approved and allowed, and that the same
be entered as a credit upon a note of hand for the sum of $246.23, bearing date
of December 29th 1857 and Twelve Months after date, Executed by the
said WILLIAM A. PHILLLIPS to his
said Ward JOHN PHILLIPS & said
act Recorded.
Estate
of MARCUS C. DUPEY Decd.
Now at this time come THOMAS
EDDLEMAN and by petition asks the County Court exercising Probate
jurisdiction for an order to file the Report of the Commissioners hereto fore
made in the partition and distribution of said Estate and it appearing to
appearing to the satisfaction of the Court that said Report had been properly
made by said commissioners and duly sworn to It is therefore ordered and
decreed by the Court that said Reports of said commissioners by filed Nunc
Protunc (?) and be approved and it is further ordered that the clerk Record the
same.
Page 120
Ordered that Court be adjourned untill (sic) tomorrow.
Morning 8 o’clock.
Wednesday March 2d 1849
Court Met Pursuant to adjournment.
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
Estate of CYNTHIA O. and WM. P. YEARY, Minors
At this day comes WALTER
YEARY Guardian of said minors and Represents to the court that said had
been instituted against him as said Guardian by A. B. JAMES of New Orleans, Louisiana for a Note made and executed
by the father of said Minors, and prays the Court to authorize him the said
Guardian to employ counsel for the defense of said. Ordered by the court that
said Guardian be and he is hereby authorized to employ counsel to defend said
suit.
Estate
of JAMES STALLCUP Decd.
At this day comes THOMAS
STALLUP administrator of said Estate and filed in this Court Inventory and
appraisement of said decedent. Ordered by the Court that the same be approved
and Recorded by the Clerk.
Estate of
the Minor heirs of MARIAH LAURA BENGE
At this day this cause coming on to be heard on the
application filed in this office, and it appears to the court that THOS. O. BENGE the father of said
minors has been duly cited to come forward and show cause if any he can why a
guardian of the property of said Minors should not be appointed, and said BENGE having whole made default, and it
also appearing to the court that LAURA
HOMES BENGE one of said minors over the age of 14 year has been duly cited
to come forward and choose a guardian for herself and she having failed to
appear, or choose and it further appearing to the satisfaction of the court
that the interests of said minors requires that a guardian other than their
father THOMAS O. BENGE should be
appointed for their property and that notice of said application has been given
as the Law Requires, and WILLIAM B.
BENGE appearing in open Court, who is the uncle of said minors, and
agreeing to accept said guardianship, It is therefore ordered by the court that
WILLIAM B. BENGE be and he is hereby
appointed Guardian of the property of LUARA
H. BENGE, minor over the age of 14 years, ROBERT L. (T.?) BENGE, CHARLES J. BENGE, and WILLIAM M. BENGE, minor under the age of 14 years, and that Letters
be issued to him upon his giving bond in the sum of ten thousand dollars.
And it is further ordered the (that?) JOSEPH FORMAN, JAMES C. FOREMAN and GEORGE W. BARNETT be and
they are hereby appointed commissioners to appraise the Estate of said Minors
and Return to this court inventory and appraisement of said Estate.
Page 121
Estate
of JOHN HAGGARD Deceased
At this day come the appraisers heretofore appointed by this
court together with the admrs. of said Estate and returned into Court an
inventory of the property of said Estate together with a schedule of claims and
and (?) owning said Estate which said inventory is hereby approved and ordered
to be Recorded.
And at the same time JANE
OWENS, LEWIS C. HARGARD (?), ROSA FO__?, JAMES H. HAGGARD, JOHN. L. (T.?)
HAGGARD,
And it is further ordered by the Court that JOHN HUFFMAN, SILAS HARRINGTON and DR. J. M. HUFFMAN be and they are hereby appointed commissioners to divide
said Negroes and Money belonging to said estate among said heirs.
And it is further ordered that said legatees enter into and
execute bond as the Law requires for the payment of all of all (sic) debts
owning by said JOHN HAGGARD at his
demise each legatee paying his equal porting thereof said bonds to be filed
with the clerk of said court and Recorded.
At this day also come JOHN
HUFFMAN, SILAS HARRINGTON and DR. J.
M. HUFFMAN commissioners appointed to partition the Estates of JOHN HAGGARD deceased among the
distributes of said Estate and Returned into Court their Report, and the same
being Carefully examined by the court and there being no valued exceptions
taken to it and it appearing that said partition and distribution had been
fairly made. Ordered by the Court that the same be approved and Recorded.
And it further appearing from said Report that there is
certain Real Estate of said decedent could not be partitioned among said heirs
without material injury to said distributees, to wit 540 acres of land in one
tract, worth the sum of $3.50 per acre, another tract of 200 acres worth $3 per
acre, and no one of the distributees electing to take
the same at the appraised value, and the sale of the same being Recommended by
said commissioners.
Ordered
that the administrator of said Estate proceed to sell said tracts of land on the
first Tuesday in April 1859 at public action to the highest bidder at the Court
house…
Page 122
…door in the Town of McKinney, on half of the price to be
paid on the 25th day of December net 1859 and the other half to e
paid on the 25th day of December 1860, taking bond and good security
of the purchaser or purchasers thereof and a lien on said Land for the payment
of the purchase money first giving notice of the time and place of sale, at
least 20 days by posting up wutten (written?) notices thereof at three public
places in at (?) the Court house door in the Town of McKinney and two others at
two public places, but not in the same town, said sale to be between etc. (?)
hours 10 A. M. and 4 P.M.
And it further appearing to the Court that there is a
considerable amount of Personal property unpartioned (sic) of said Estate, and
of a perishable character and liable to waist (waste), and the said admr. of
said Estate prays for an order for the sale of said personal property. Ordered
that said administrator proceed to sell said property at public auction to the highest
bidder at the late residence of said decedent on the 15th day of March
1859, on a credit of (blank) untill (sic) the first
day of January 1860 giving at least 10 days notice of the time and place of
said sale, by written notices posted up in the County of Collin one at the
Court house door in the Town of McKinney and two others at two public places in
said County but not in the same Town, the sale to be between hours of 10 a. M.
and 4 P. M. said sale to continue from day to day untill
(sic) all of said property is sold, by giving public notice of the continuance
of the same at the conclusion of the sale of each day bond and good security to
be taken of the purchaser or purchasers thereof.
Estate
of JOHN McKINNEY, Deceased
Now at this time came on the to be heard the Motion against J. H. HARBERGER the administrator of
the Estate of JOHN McKINNEY Decd.
and it appearing that said HARGERGER
had been duly cited, to appear and show cause why he has not collected money
arising from the sale of property belonging to the said Estate and having
failed to make any Report on or any showing whatever as to his acts and doings,
and the court being satisfied that said HARGERGER
has been quilty of gross neglect and
mismanagement in the performance of his duty as such administrator. It is
therefore ordered by the Court that said JACOB
H. HARBERGER be Removed from his office and trust as the administrator De
bonis Non of the Estate of JOHN McKINNEY
Decd.
J. J.
Harrison
Chief
Justice
Page 123
Blank
Page 124
March
Term 1859
State of
County of Collin Probate
jurisdiction Met March 28th 1859
In
The Town of
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
J.
Dud Doak Sheriff
Estate
of J. J. MILLER
At this day comes JAMES
L. (T.?) FISHER administrator of said Estate and filed an account of sale
of the personally (personal?) property of said Estate, and it appearing to the
Court that said sale had bee made in pursuance of a previous order of this
Court and that said sale was being made and there being no objections there to
filed in this court (sic). Ordered by the court that said account of sale be
and the same is hereby approved and ordered to be recorded.
Estate
of RICHd. M. MUGG, Decd.
At this day comes ELISHA
CHAMBERS administrator of said Estate who filed in this court on the 15th
day of March 1859, and ____ account of sale of the personal property of said
Estate, and the same being examined by the Court and it appearing to the court
that said sale had been fairly made and in pursuance of a previous order of
this court and there being no objections filed thereto.
Ordered by
the Court that said sale be and the same is hereby confirmed and ordered to be
recorded.
Estate
of JOHN HAGGARD Deceased
At this day comes SMALLWOOD
A. ELKINS administrator of said Estate who filed in this court on the 26th
day of March 1859 an account of sale of the personal property of said Estate
and it appearing to the Court that said sale had been fairly made and in
accordance with Law and in compliance with a previous ordered of this Court.
Ordered by the Court that the same by confirmed and recorded.
Estate
of MOSES SPARKS, Decd.
At this day comes RICHARDS
(sic) SPARKS who filed in this
Court his application for Letters of administration upon said Estate and it
appearing to the Court that notice of said application has been given as the
Law directs, Ordered by the Court that RICHARD
SPARKS be and he is hereby appointed the administrator of said Estate and
thus Letters be issued upon the said RICHARD
SPARKS giving bond in the sum of $2000 with good security. Letters issued March 28th
1859.
Ordered by the court that JAMES M. DUNLAP, JAMES STRAIN, JOSHUA SMITH be appointed to
appraised said Estate and make report to this Court with sixty days.
Page 125
Estate of WILLIAM PATTERSON & ELIZA A. PATTERSON
At this day comes WILLIAM
PATTERSON the surviving partner of the marge
(marriage?) of ELIZA A. PATTERSON
his wife deceased and filed his application in this court for the appointment
of appraisers [of] the community property of himself and deceased wife.
Ordered
by the Court that JAMES M. DUNLAP, JERRY
FARMER and GEORGE WHITE be and they are hereby appointed to appraise said
community property and made report to
this court.
Estate of JOEL C., REUBEN M. and ALFRED
B. ALDRIDGE, Minors
At this day comes JAMES
C. ALDRIDGE who filed in this Court his application for letter of
Guardianship upon the persons and property of JOEL C ALDRIDGE, REUBEN M. ALDRIDGE and ALFRED B. ALDRIDGE minors, on the 28th day of Feby A. D. 1859 and it appearing to the Court that notice
of said application has been given as the Law requires and there being no
objections to said Grant of Letters filed in this Court. Ordered by the Court
that JAMES C. ALDRIDGE be and he is hereby appointed Guardian of the person and
property of the said JOEL C., REUBEN M.
and ALFRED B. ALDRIDGE and that said
letters be issued upon his giving bond in the sum of Five hundred dollars with
good Security.
Issued.
Estate
of MARY JANE WILLIAMS, Minor
At this day comes JOHN
McMINN who filed in this Court his application for Letters of Guardianship
upon the property and person of MARY
JANE WILLIAMS Minor under the age of 14 years and it appearing to the Court
that Notice of said application had been given as the Law requires, and there
being No objection to the Grant of said Letters filed in this Court.
Ordered
by the Court that JOHN McMINN be and
he is hereby appointed the Guardian of the property and person of the said MARY JANE WILLIAMS, and Letters issue upon his the said JOHN McMINN giving bond in the scum of $2500 and good
security.
Estate
of SYLVESTER S. WILLIAMS, Minor.
At this day comes HARRISON
BRUMMETT who had filed in this Court his application for Letters of
Guardianship upon the property and person of SYLVESTER S. WILLIAMS minor under the age of 14 years and it
appearing to the Court that notice of said application had been given as the Law
requires and thee being no objection to this grant of said letters filed in this
Court.
Ordered
by the Court that HARRISON BRUMMETT
be and he is hereby appointed Guardian of the property and person of the said SYLVESTER WILLIAMS and that Letters be
issued to the said HARRISON BRUMMET upon
his giving bond and good security in the sum of $2500.
Page 126
Ordered that Court be adjourned untill (sic) tomorrow
morning 8 o’clock.
Court met pursuant to adjournment March 29th A.
D. 1859.
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
Jas.
L. Read Dept. Sheriff
Estate of J. J. MILLER Deceased
At this day comes JAMES
T. FISHER admr. of said Estate and files in this Court a list of audited
claims against said Estate of $510.99 and that he has collected in cash as
stated in sale accounts of personal property of said Estate the sum of 680
Dollars and 53 Cents, and represents to this Court that there is a yoke of Oxen
inventoried as a part of said appraised Estate, at forty dollars but the same
has never been sold because said oxen could never be got in possession at the
time of sale, and they are now beyond the reach or controll (sic) of said admr
but that he is offered the sum of 50 dollars for the rights of Property in said
oxen, and prays the authority of the Court to sell the same at private sale at
that price as said property is perishable and otherwise liable to be wholly
lost to said Estate which sale if ordered will increase the cash on hands to
732 dollars and 53 cents, also files his account for services and expenses of
administration.
Ordered by
the Court that said administrator be allowed the sum of 73 dollars and 25 cents
coms. (commission?) on the said sum of $732.25 and the sum of 50 dollars for
Extra service in hurding (herding?) and taking care of the stock belonging to
said Estate, 10 dollars attorney’s fees, making the sum of 133 dollars 25
cents, from which said sum, then be deducted 17 Dollars for oats and 14 dollars
cash not inventoried making the sum of 31 dollars, leaving when deducted from
the said sum of $133.25, the sum of 102 dollars 25 cents.
Ordered by the court that JAS. T. FISHER admrs. as aforesaid proceed to sell said yoke of
work oxen as prayed for by said administrator and for the said sum of fifty
dollars.
Ordered by the court that said JAS. T. FISHER admrs. of the Estate of the said J. J. MILLER Decd. pay out of the said
reported Cash of 732 dollars 53 cents the Court fees and the audited claims
against said Estate as reported by said administrator to this Court.
Estate
of SAML. & JANE FRENCH Decd.
At this day comes ELI BAKER and JAMES KEELING admrs. of said Es