Page 215
Estate of RACHEL MARX formerly R.
KINDEL
Now at this day this course [came] on to be heard, which was
continued to this term of the Court, RACHEL
MARX formerly RACHEL KINDEL
against W. B. KINDEL [KENDEL]
Guardian, and said KINDEL, files his
report in relation to the condition of the Estate of his said Ward, and the
Court not being sufficiently advised of the amount and condition of the estate
of said ward, It is ordered by the Court that further time be given to said KINDEL to report to the next October
Term of this court, the exact condition and amount of his said wards Estate, To
which Term of the Court said Guardian is directed to report all the available
or collected assets of the estate of his wards.
Estate of J. J. MILLER
Decd.
Ordered by the Court that cause of R. R. MAYS against J. T. FISHER admr. of said Estate and report of land
sale sold by said admr. be continued for service to
the next Term of this court.
Estate
of WM. P. BONE Minor
At this day come JOHN
D. BONE Guardian of WM. P. BONE
and presented to this Court a transcript of his Guardianship of said minor in
this County of Leon state of Texas, ordered by the court that same be filed and
that letters be issued to the said JOHN
D. BONE.
Estate
[of] D. WETSEL
At this day comes the admr. of said Estate and reports a
small amount of Merchandise at Belknap in an condition liable to waste and be
lost, and by petition prays the Court for an order of sale, privately Ordered
by the court that said admr. to sell said merchandise at private sale.
A.
T.
Robertson, C. J. C. C.
Page 216
Sept. Term 1860
State of
Court house September the 24th day A. D. 1860.
Present A. T. Robertson Chief Justice
Buford
Henry Clerk
Jas.
L. Read Sheriff
Estate
of JAMES E. MEREDITH
Now comes JOHN
KENNEDY by Petition praying the Court for the appointment of Administrator
on the Estate of JAMES E. MEREDITH
late of
Estate
of THOS. FINLEY
At this day come WM.
H. HOLLIDAY administrator of the Estate of THOS. FINLEY decd. with the will annexed and by petition prays the
court by this request of the widow of said deceased, for an order of sale of a
lot of steers belonging to said Estate between 14 and 20. It is therefore
ordered by the court that said HOLLIDAY
admr. as aforesaid proceed to sell said steers, at the late residence of said
deceased at public outcry, on a credit of 12 months to the highest bidder, on
the 6th day of October 1860 first giving notice of the time and
place of said sale as required by law, taking bond and good security of the
purchaser or purchasers to secure the payment of the purchase money and make
report to this court.
Estate
of MARY A. DAWSON
Now at this day come JAMES
DAWSON administrator of the Estate of MARY
A. DAWSON Deceased and made his report and account of sale of one certain
lot situated in the Town of
Page 217
…conveyance of said real Estate to the purchaser of said
Estate, investing in the said purchaser all the rights title interest and claim
which the said MARY A. DAWSON Decd.
had in and to said Estate.
Estate
of DAVID PETRY Decd.
At this day come JOHN.
W. PERKINS administrator of the Estate of DAVID PETRY Decd. and by petition prays the court for an order of
sale of the perishable property of said deceased and it appearing to the court that
there is a necessity for the sale of said property for the payment of the
administration fees and debts against said Estate, Ordered by the Court that
the said administrator proceed to sell said perishable property on a credit of
12 months at the Town of Weston at public outcry to the highest bidder first
giving notice of the time and place of said sale as required by law, said sale
to be between the hours of 10 A. M. and 4 P. M. taking bond and good security
of the purchaser or purchasers of said property, said sale to be on the 6th
day of October 1860.
Estate
of DAVID PETRY Decd.
At this day come the commissioners appointed by this Court
to appraise the Estate of DAVID PETRY decd.
and returned to Court an inventory and appraisement of said Estate, Ordered by
the Court that the same be recorded by the clerk.
Estate
of DANIEL ELLIOTT Decd.
At this day come B.
R. HARRIS one of the securities on the bond of SMITH McGLOTHLIN Executor of the last will and testament of DANIEL ELLIOTT Decd. and by petition
prays the Court to have said S. McGLOTHLIN
cited to appear at the next term of this Court and give new bond, and that he
the said B. R. HARRIS be released
from all future liabilities upon said bond, and the said S. McGLOTHLIN waving [waiving] citation, ordered by the Court that
said McGLOTHLIN be and appear at the next term of this court
and Execute new bond.
Ordered
that court be adjourned till tomorrow morning 8 A. M.
Sepr. 25th 1860. Court met according to
adjournment.
Page 218
Estate
of R. M. MUGG Decd.
At this day comes JAS.
M. SPENCER and in writing files his complaint in this court, praying that
the administrator of the Estate of RICHARD
M. MUGG Decd. may be required to make title to a certain tract or parcel of
land sold by the said deceased in his life time to the said JAMES M. SPENCER, and for which he executed his bond, for title and the said
administrator (ELISHA CHAMBERS) waving
[waiving] service, The court proceeded to examine said bond and it appearing to
the court that said sale had been fairly and legally made, It is therefore
ordered adjudged and decreed by the court, that the administrator of the Estate
of said deceased, make title to the said JAS.
M. SPENCER according to the tenor of said bond.
Estate
of the Minor heirs of E. B. KINDEL
Decd.
At this day come W.
B. KINDEL Guardian of the person and property of MARTIN P., RACHEL, MARTHA ANN & GEORGE KENDEL heirs at law of EPHRAIN B. KINDEL Decd. and in
compliance with the order of this court, made upon the complaint of HARRISON STIFF and DAVID STIFF, security upon the bond of said W. B. KINDEL Guardian as aforesaid, and filed in this court a new
bond and said bond being approved by the court, It is therefore ordered by the
court that the said HARRISON and DAVID STIFF securities as aforesaid be
and they are hereby released from any and all liability upon said bond for any
future action of the said W. B. KINDEL as Guardian aforesaid.
Estate
of WM.
At this day comes HARRISON
JAMISON administrator of the Estate of WM.
BUTLER Decd. and makes Report of the condition of said Estate and it
appearing to court from said report that there is still remaining in the hands
of said administrator two distributives shares, of the real Estate of said
Deceased non residents of this State, to wit: the shares of ELIZABETH ARTERBERRY and GRACY ERVIN non residents, Ordered by the court that said administrator
proceed to sell said two distributive shares describes as follows Beginning at
a post the SE Corner of the Headright of William Butler Thence North 40 ch.
[chains] a post on the E. B. line thereof Thence West 16 ch. a post Thence
South 30 ch. a post on the S. B. line thereof Thence East 16 ch….
Page 219
…to the place of beginning at the court house door in the
Town of McKinney on the first Tuesday in November 1860 on a credit 2 months at
public outcry to the highest bidder, taking notes and good personal security
and a lien upon said premises to secure the payment of the purchase money,
first giving notice of the time and place of said sale as required by law, in such
sales said sale to be between the hours 1 A M. & 4 P. M. and make report to
this court.
Ordered
that Court be adjourned untill (sic) tomorrow morning 8 a. m.
Sept. 26th Court met according to adjournment.
Estate
of J. J. MILLER, Decd.
This day come on to be heard the application of R. R. MAYS [MAYES] to remove J. J.
FISHER from the administration of the Estate of J. J. MILLER decd. for disobeying the order of the Court and the
evidence and facts and the argument of Counsel being heard and Considered by
the Court, It is considered by the Court that the evidence adduced upon this
trail does not sustain the complaint of said R. R. MAYS again said JAMES
T. FISHER wherefore it is ordered adjudged and decreed by the Court that
the said JAMES T. FISHER admr. as
aforesaid be not dismissed, but that he be continued in said administration and
that he recover of said MAYS the
Cost of this proceeding.
Estate
of J. J. MILLER, Decd.
Now at this day come on this cause to be heard continued
from the last Term of this court, required JAS.
T. FISHER admr. of the estate of J.
J. MILLER dec. to report to this court his action the collection of the
purchase money of the sale of 80 acres of land belonging to said Estate sold
more than 12 months since, said FISHER appearing
and making his report in writing that said money was collected and subject to
the order of the court. Therefore ordered by court that said Report be approved
and the complaint dismissed.
Page 221
Estate
of J. J. MILLER, Decd. Oct. 2d
1860
This day came on to be heard the complaint of ROBT R. MAYES] in vacation for the
Removal of JAMES T. FISHER from the
administration of the Estate of JOHN J.
MILLER decd. and this Court being satisfied from the Evidence adduced that
the facts set forth in said compliant now on file are true, It is ordered
adjudged and decreed by the Court that said JAMES T. FISHER be removed from said administration on the Estate
of said JOHN J. MILLER deceased and
his letters of administration on said Estate are hereby revoked, and it is
further ordered that said JAMES T.
FISHER be served with a copy of this order forthwith.
A.
T.
Robertson C. J. C. C.
Stat of
Present
A. T. Robertson Chief
Robertson Chief Justice
Buford
Henry Clerk
Community
Property of W. H. PERKINS decd.
& ALMIRA PERKINS, Surviving wife
At this day come ALMIRA
PERKINS and by petition prays the court for the appointment of
commissioners to appraise the Community property of W. H. PERKINS decd. and herself the surviving wife of said
deceased.
Ordered by the court that JOSEPH
A.
T.
Robertson, C. J. C. C.
Page 222
State of
House
in the town of
The 29th day of October A. D. 1860.
Present A. T. Robertson Chief Justice
Buford
Henry Clerk
Estate
of JOSEPH P. STUART Decd.
At this comes ALEXANDER
NEWMAN by petition and prays the court for the appointment of administrator
on the Estate of JOSEPH P. STUART
Decd. and it appearing to the court that notice of said petition had been given
as required by law and [no] one appearing and contesting said appointment it is
therefore ordered by the court that ALEXANDER
NEWMAN be and he is hereby appointed the administrator of said Estate and
that letters be issued upon his giving bond in the sum of 7000 dollars. (Issued.)
Estate
of JOSEPH P. STUART Decd.
Ordered by the Court that D.
Estate
of DANIEL ELLIOTT Decd.
B. R. HARRIS
Vs. Now comes on this
cause to be heard
SMITH McGLOTHLIN by
the Court, and the said S. MCGLOTHLIN
Executor of the last will of DANL.
ELLIOTT Decd upon the complaint of the said B. R. HARRIS and the order of said Court to give new bond as said
Executor of the Estate of DANL. ELLIOTT
Decd. and the said S. McGLOTHLIN failing to give said bond it
is therefore ordered adjudged and decreed by the court, that the said S. McGLOTHLIN be removed as the
executor of the last will of Said D.
ELLIOTT Decd. and that his letters be and they are hereby revoked.
Estate
of WM. BOUNDS, Decd.
At this time come KEZIE
[KEZIAH] BOUNDS by petition and prays the court for the appointment of
Guardians upon the person and property of FRANCES
M., GEO. W. and MALINDA C. BOUNDS
and it appearing to the court that notice of said petition had been as required
by law and no one appearing contesting said appointment It is ordered by the
court that the said…
Page 223
…KEZIE BOUNDS be
appointed Guardian of the persons and property of FRANCES M., GEO. W. and MATILDA
BOUNDS and that letters be issued to her upon her giving bond in the sum of
one thousand dollars.
Estate
of DANIEL ELLIOTT Decd.
Now at this day comes B.
R. HOUGHTON by petition and prays the court for the appointment of
administrator De bonis Non with the will annest (annexed?), and it appearing to
the court that notice had been given as required by law, and no one appearing
and contesting said appointment, It is therefore ordered by the Court that B. R. HOUGHTON be and he is hereby
appointed the administrator of the Estate of DANIEL ELLIOTT Decd. with the Will annest (annexed?) and that
letters be issued to the said HOUGHTON,
he having bond in the sum of 4000 dollars.
letters
issued.
Estate
of DANL. ELLIOTT Decd.
Now at this day come B.
R. HOUGTON admr. de bonis non with the will annext (annexed?) and by
petition prays the Court for an order of sale, of the perishable property of
said Estate and also for an order to rent about 40 acres of improved lands of
said Estate, ordered by the court that the said admr. proceed to sell said
perishable property at the said late residence of said deceased at public
outcry to the highest bidder on a credit of 12 months first giving notice as
required by law taking bond and approved security of the purchaser and also
that he rent said improved lands, first giving notice as required by law, of
the time and place of renting said land not to be rented for a longer time than
12 months nor less than 9 months, said sale and renting to take place at the
earliest practicable period.
Estate
of MOSES SPARKS Decd.
At this day comes RICHARD
SPARKS admr. of MOSES SPARKS
decd. and makes report of the condition of said Estate, as follows, collected
424 33/100 dollars and paid out including 5 per cent coms. (commission?) on the
said 424 33/100 $88-15. Ordered by the
court that the same be approved and that said admr. pay over the same to those
who are entitled to the same.
Page 224
Estate
of HENRY D. EAKLE Decd.
Now at this day come J.
O. STRAUGHAM one of the admrs. of the Estate of HENRY D. EAKLE Decd. makes his annual report of the condition of
said Estate, and reports claims presented and allowed $322-03, and a
sufficiency of assets in his hands to pay said claims and prays the court for
an order to make payment. It is therefore ordered by the court that said
administrator proceed to pay said claims and court fees.
October 30th 1860 Second day of the Court.
Estate
of CALEB PHILLIPS Decd.
At this day comes WM.
PHILIPS admr. of the Estate of CALEB
PHILIPS Decd. and made his annual Report, Ordered by the Court that the
same be approved.
Estate
of JOHN PHILIPS, Non Compos
At this day come WM.
A. PHILIPS Guardian of JOHN PHILIPS
non compos by petition prays the court for an order of sale of 320 acres of
land belonging to the Estate of said JOHN
PHILIPS representing to the Court that there is a necessity for said sale
for the support of said JOHN PHILIPS non
compos and the court being satisfied of the truth of said representation, It is
therefore ordered by the court that citation be published in the McKinney
Messenger, a newspaper printed in Collin County, Texas for four successive
weeks, stating the application for such sale the property sought to be sold and
the Terms of the Court when the application will be acted, and shall require
all persons interested in the welfare of the said JOHN PHILIPS to appear and show cause why such sale should not be
made as applied for.
Estate
of THOS. FINLEY Decd.
At [this] time comes WM.
H. HOLLIDAY admr. of the Estate of THOS.
FINLEY Decd. with the will annexed, and makes report of sales of property
belonging to said Estates, ordered by the court that accounts of sale be
confirmed and recorded by the clerk.
Page 225
Estate
of HENRY HART Decd.
Now comes B. Y. HART
Executor of the last will of HENRY HART and
make report of the sale of property belonging to said Estate, ordered by the
court that said sale be confirmed and recorded by the clerk.
Estate
of HENRY HART Decd.
Now comes B. Y. HART
Executor of the last will of HENRY HART Decd.
and makes an additional Inventory of the Estate of said decd. Ordered by the
court that the same be recorded by the clerk.
Estate
of DAVID
Now Comes JOHN W.
PERKINS administrator of the Estate of DAVID
PETRA decd. and makes report of the sale of perishable property belonging
to said Estate and it appearing to the Court that said sale had been fairly
made Ordered by the Court that the same be recorded by the clerk.
Estate
of JOHN PHILIPS Non Compos
Now at this time comes WM.
A. PHILIPS Guardian of JOHN PHILIPS
non compos and represents to the Court that there is a necessity of Procuring a
house for the said PHILIPS and
family. It is therefore ordered by the Court that said Guardian proceed to
secure some suitable place or piece of land and build a house suitable for the
accomidation (sic-accommodation) of said PHILIPS
non compos and family and make report to this court.
Community
Property of W. H. PERKINS Decd.
& his wife.
At this day come ALMIRA
PERKINS the wife of WM. H. PERKINS
decd. and returned into Court an Inventory the Community property of herself
and deceased husband WM. H. PERKINS.
Ordered by the Court that said Inventory be recorded by the Clerk.
Page 226
Oct. 31st 1860
the third day of the Court.
Estate
of J. P. STUART Decd.
Now come A. NEWMAN
admr. of the estate of J. P. STUART Decd. and returned into
Court Inventory and appraisement of the Estate of said deceased, Ordered by the
Court that the same be recorded by the clerk.
Estate
of J. P. STUART Decd.
At this day comes A.
NEWMAN admr. of the Estate of J. P.
STUART Decd. and by Petition and prays the court for an order of sale of
all the perishable property of said deceased and it appearing to the court that
there is a necessity for the sale of said property for the payment of debts,
and administration fee, and it further appearing to the court that said
property is liable to perish or waste, Ordered by the court that said
administrator proceed to sell said property on a credit of 12 months on all
sums over 5 dollars at public outcry to the highest bidder, at the late
residence of said deceased first giving notice of the time and place of said
sale as required by Law said sale to be between the hours of 10 A. M. and 4 P.
M., the purchaser giving bond and good security the payment of the purchase
money.
Estate
of GEORGE PHILIPS Decd.
Now at this day comes MARGARET
JENKINS admrx. of the Estate of GEORGE
PHILIPS Decd. for final Settlement with said Estate, and it appearing to
the satisfaction of the court that notice of the filing of the account of said
Admrx. with the clerk of this court had been given as required by law, said
settlement, and the court proceeding to examine said account, and it appearing
to the court that said account was fairly made and all the debts known to exist
against said estate had been paid, and all the vouchers properly authenticated
as required by law, Ordered by the court that said account be approved, and
that the same be regarded as a final Settlement of Said Estate Except the
partition and distribution of Said Estate among the devisees and legatees of
said Estate which Said Estate to be partitioned consists principally and almost
entirely in land.
Page 227
Estate
of DANL. ELLIOTT Decd.
Ordered by the Court that there be set apart as a homestead
for the Widow and children of DANIEL
ELLIOTT decd. the tract of land upon which said deceased resided at the
time of his decease and it is further ordered by the court that there be set
apart 20 acres of improved land and another tract of land belonging to said
Estate for one year for the use and cultivation of said Widow & children
for her support and maintenance for one year.
RACHEL MARX Now
at [this] time come on this cause to
vs. be heard which said
cause was continued
WM. B. KINDEL at the August Term of this court and
Parties now appearing in court, and by agreement between
said parties, Ordered by the Court that this cause be continued to the March
term of this Court 1861.
LUCY N. ELSTON
vs. Now at this time this
cause come on
ALLEN ELSTON to
be heard, and the same is
Continued by apperation (sic) of law to the next term of
this court
Estate
of JAS. E. MEREDITH Decd.
At this time come the administrator of the Estate of JAS. E. MEREDITH Decd. and made report
of Inventory and appraisement of the Estate of said deceased, Ordered by the
Court that the same be recorded by the clerk of this Court.
Estate
of JAS. E. MEREDITH Decd.
Now at this day come the admr. of the Estate of JAS. E. MEREDITH decd. and by petition
in writing prays the Court for an order of Sale of the personal property of
Said deceased, for the payment of debts and administration fees, Ordered by the
Court that said Admr. proceed to sell said property at the court house in the
town of
Page 228
State of
1860 at the court house in the Town of
Present
A. T. Robertson C. J. C. C.
Texas
Buford
Henry Clk.
Community
Property SARAH E. BELL decd. & B. M. BELL
At this day comes B.
M. BELL the surviving husband of SARAH
E. BELL deceased, by petition and represents to the court that said
deceased departed this life on the 29th day of Decr. 1858 in said
county of Collin leaving the following named children to wit CLEMENTINE, NELSON and RUFUS BELL, and an Estate of Community
property both real and personal accumulated by said deceased and your
petitioner and prays the court for the appointment of appraiser to appraise
said community property that Inventory appraisement may be returned to this
court and recorded as required by law. Ordered by the court that JNO. SHIELDS, JOSEPH M. BOUNDS and M.
R. PARRISH be and they are hereby appointed Commissioners to appraise the
Community property of SARAH E. BELL
decd. and B. M. BELL her surviving husband
and make report to this court.
Estate
of JAMES E. MEREDITH
At this day comes JNO.
KENNEDY and returned into Court account of sale as the administrator of JAS. E. MEREDITH Decd. of all the
perishable property of said deceased. Ordered by the Court that said account of
sale be approved and that the same be recorded by the Clerk.
Second day Novr. 27th 1860 Court met according to
adjournment.
Estate
of DANIEL ELLIOTT
At this day come B.
R. HOUGHTON administrator of the Estate of DANL. ELLIOTT Decd. and made report of sale of the personal
property of said Decd. and it appearing to the Court that said sale had been
fairly made and in accordance with law, ordered adjudged and decreed by the
Court that the same be confirmed and recorded by the Clerk.
Page 229
Estate
of MOSES JONES, Decd.
At this day come B.
R. HOUGHTON administrator of the Estate of MOSES JONES Decd. and by Petition prays the Court to appoint
commissioners to made partition of two certain tracts of land, purchased
jointly by WALTER YEARY and said MOSES JONES Decd. during his lifetime, each
of said parties holding one half undivided interest in said two tracts of land,
one of said tracts of land containing 150 acres of land and the other 20 acres,
and for particular descriptions of said tracts reference is made to their said
land between said WALTER YEARY and
the heirs of MOSES JONES decd. and
citation, be issued for Service on the said YEARY and the said YEARY
waving (waiving) Service by said HOUGHTON
Ordered by the Court that ________ CLARK,
FIELDEN TWEEDLE and WM. C. ROBINSON
be and they are hereby appointed commissioners to make said partition or run
division lines of said above named tracts of land and make report to this
court.
Estate
of DAVID WETSEL, Decd.
At this day come
JAMES WETSEL and by petition & represents to this court that he has an
equal undivided half interest with the heirs of DAVID WETSEL decd. in a certain tract of land particularly
described in the title bond from ROBERT
FITZHUGH to the sd. [said] JAMES
WETSEL and DAVID WETSEL Decd.
and prays the court that Commissioners be appointed to divided said tracts of
land and set apart to him the portion of said tract of land to which he is entitled
as well as that portion which the heirs of said DAVID WETSEL Decd. are entitled, Ordered by the Court that MILTON WILKERSON, JNO. HARRIS (FARRES)
and M. R. PARRISH be and they are
hereby appointed commissioners to make said division and make report to the
next term of this court.
Estate
of JOHN J. MILLER Decd.
At this day come J.
J. HARRISON and by petition prays for the appointment of administration of
administrator de bonis non on the Estate of JOHN J. MILLER Decd. and it appearing to the Court that notice of
his application had been given as required by law and no one appearing and
contesting said appointment, It is therefore ordered by the court that J. J. HARRISON be and he is hereby
appointed administrator de bonis non of the Estate of JOHN J. MILLER Decd. and that letters be issued to him upon [him]
giving bond and good Security in the sum of Five thousand Dollars.
Page 230
LUCY ELSTON
vs. This day come on to
be heard the application
ALLEN ELSTON of
LUCY ELSTON to dismiss ALLEN ELSTON
From the Guardianship of WILEY T. COMER, WILLIAM H. COMER and SUSAN F. COMER minor heirs of THOMAS
COMER decd. and the Court being satisfied from the evidence that the said ALLEN ELSTON has been guilty of Gross
neglect in the management of said Estate and he having been duly cited and
failing to appear and answer this application it is ordered adjudged and
decreed by the court that said ALLEN
ELSTON be and he is, hereby removed and dismissed from the Guardianship of
said Heirs and that his letters be and they are hereby revoked and it further
appearing to the Court that due notice has been given of the application of LUCY ELSTON for letters of Guardianship
of said Heirs, It is ordered and decreed that the said LUCY ELSTON be and she is
hereby appointed Guardian of the Estate of said WILEY T., WILLIAN H. and SUSAN
T. COMER and that letters issue to her upon her giving bond with two good
securities in the sum of one thousand dollars.
Estate
of JOHN PHILIPS Non Compos
At this day come on to be heard the petition of W. A. PHILIPS Guardian of JOHN PHILIPS non compos for the sale of
a certain tract of land belonging to said JOHN
PHILIPS non compos, for the support and maintenance of the said JOHN PHILIPS and his family and the
court considering of the matter, and hearing the evidence in this cause, and it
appearing to the court that notice as required by law [has been given], and not
one appearing and contesting said sale of land as prayed for in said petition,
and it further appearing to the court that there is a necessity for the sale of
said land for the maintenance and support of said JOHN PHILIPS and family, It is ordered adjudged and decreed by the
court that WILLIAM A. PHILIPS
Guardian as aforesaid proceed to sell 320 acres of land the headright of the
said JOHN PHILIPS non compos, In
Collin County, Known as Section No. 9, in Town ship 4, North the first base
line in range 2, east of the 1st Meridian, on a credit of 12 months,
at the court house door in the Town of McKinney on the 1st Tuesday
in January 1861 at public outcry to the highest bidder, between the hours 10 A.
M. and 4 P. M. taking bond and good security of the purchaser or purchasers,
and mortgage on the premises to secure the payment of the purchase money,
giving first notice of the time and place of said sale at least for 20 days…
Page 231
…of the time and place of sale and required by law for the
sale of lands, by sheriffs.
Estate
of HENRY D. EAKLE Decd.
At this day come this cause came on to be heard, and CRISSEY GRIFFIN [GRIFFITH] formerly CRISSEY
EAKLE and wife of HENRY D. EAKLE
decd. and by petition prays the Court for an order of partition and
distribution of the lands belonging to the Estate of said deceased, among the
heirs and distributes of said deceased, and it appearing to the Court, that
there is in the hands of the admr. of the Estate of the said H. D. EAKLE dec. sufficient funds to
pay all the debts and claims against said Estate, and it further appearing to
the Court that all necessary citations required by law had been served upon the
parties and no one appearing and contesting said order of partition and
distribution of said lands, and the Court proceeded to ascertain who are the
heirs and distributees of said Estate, and it appearing to the Court that CRISSEY GRIFFITH Formerly CRISSEY EAKLE wife of said deceased, ELMIRA BRYANT, and B. F. EAKLE, JOHN EAKLE, JULIANN
(?) and JESSE EAKLE minor children
of said HENRY D. EAKLE decd. and
heirs at law of the Estate of said deceased ordered by the court that M. R. PARRISH be and he is hereby appointed Guardian ad
litum of said minor children, It is further ordered by the court that JAMES THOMPSON, GEO. SMITH and DAVID
L. HOLT be and they are hereby appointed commissioners to make partition
and distribution of the following described tract of land less the number of
acres which have been sold out of said tract of land to wit the headright of MATHIAS MOWRY in Collin County on the
Pilot Grove fork of Trinity river, and for more particular description of said
tract of land reference is made to the Patent for said land bearing date the 7kth
day of Novr 1845,--as follows, to wit First Seting (sic) apart to CRISSEY GRIFFITH for merl (?) CRISSEY EAKLE one half of said
remaining tract of land and secondly to divide and set apart to each of the
other heirs 1/5 part of the remaining other half of said land to wit, to ELMIRA BRYANT 1/5 to B. F. EAKLE 1/5, to JOHN EAKLE 1/5, to (unreadable-JULIANN?) EAKLE 1/5 & JESSE EAKLE
1/5 taking into consideration quality and quantity so as to make said
allotments as nearly equal in value as may be [equal] and make report to the
next term of this court.
Estate
of J. P. STUART, Decd.
At this day come ALEXD.
NEWMAN admr. of the estate of J. P.
STUART Decd. and returned to this Court…
Page 232
…an account of
Estate
of JAMES STALLCUP Decd.
THOS. STALLCUP
vs. At this day this cause
comes on
M. W. ALLEN to
be here where in THOS. STALLCUP
Admr. of the Estate of JAMES
STALLCUP Decd. is Plaintiff and M.
W. ALLEN is defendant. Ordered by the Court that this Cause be continued to
the next term of this court.
Estate
of WM. BOUNDS Decd.
J. M. BOUNDS admr. of the Estate of WM. BOUNDS Decd. who having filed his
account current with said Estate for final Settlement failing to be in
attendance, Ordered by the Court that this cause be continued to the next term
of this court.
Estate
of J. P. STUART Decd.
At this time come A.
NEWMAN admr. of the Estate of J. P.
STUART, decd. and returned an additional Inventory of the estate of said
deceased, Ordered by the court that the clerk recorded the same.
A.
T.
Robertson C. J. C. C.
Page 233
State of
Decr.
15th 1860
Estate
if Minor heirs of JOHN SPEAR [SPEER] JR.,
Decd.
At this time this cause came to be heard and JOHN SPEAR, SR. Guardian of the person
and property of ELIZA J., LAURA E.
and JOHN F. SPEAR, minor children of
JOHN SPEAR, JR. and by petition
prays the Court for the appointment of appraisers to appraise the property
belonging to said minors, Ordered by the Court that O. EPPS, WM. SHEPARD and P.
W. COLLIN be appointed appraisers to appraise the Estate of said minor
children and make report to this court.
A.
T.
Robertson, C. J. C. C.
Decr. Term 1860
State of
Business
begain and holden at
The court house in the Town of
A. D. 1860.
Present A. T. Robertson Chief Justice
Buford
Henry Clerk
Estate
of JOHN HENRY Decd.
At this day come J.
H. HENRY and by Petition prays the court for the appointment of
administration upon the Estate of JOHN
HENRY Decd. and it appearing to the court that notice of the application of
the said J. H. HENRY for Said
appointment had been given as required by law, Ordered by the court that J. H. HENRY be and he is hereby
appointed administrator of the Estate of the said JOHN HENRY Decd. and that letters be issued to the said J. H. HENRY upon his giving bond in the
sum of 14 Thousand Dollars.
Estate
of JOHN HAGGARD
At this day come S.
A. ELKIN admr. of the Estate of JOHN
HAGGARD Decd. and by his petition prays the court for and [an?] order of
Court to pay to GEORGE FOX one of
the heirs of said Estate the sum of 300 dollars with eight per cent interest
thereon from March 1859 to the present time, and it appearing to the court that
the prayer in said petition is just and equitable (?)…
Page 234
…It is therefore ordered and adjudged by the Court, that the
said S. A. ELKIN pay to the said FOX out of the effects of said Estate
the said sum of 300 dollars and interest at the rate of 8 percent as aforesaid.
Estate
of THOS. FINLEY Decd.
Now at this day comes W.
H. HOLLIDAY Executor of the Estate of THOS.
FINLEY Decd. and presents his account current with said Estate for final
Settlement, Ordered by the Court that the Clerk of said Court have the notice
given as required by law of the presentation of said account.
Janry. 1st 1861 2d day of Said Term Court Met
according to adjournment.
Estate
of MOSES JONES Decd.
At this day come the commissioners appointed by this court
to made partition and divide two certain tracts of land between the heirs of MOSES JONES Decd. and WALTER YEARY, and make to this court their Report of the
division of the said tracts of land, and It appearing to the court that said
division had been fairly made, Therefore It is ordered adjudged and decreed by
the court that said partition and Division of said lands between the Said
parties be confirmed and that the same be recorded by the clerk.
Estate of MARY HENDERSON and GRACY ERWIN heirs at Law of WM.
BUTLER decd.
At this day come HARRISON
JAMISON administrator of the Estate of WM.
BUTLER decd. and in writing makes his account of sale to this court of the
sale of lands belonging to MARY
HENDERSON and GRACY ERWIN heirs
at law of the Estate of said WM. BUTLER
Decd. and it appearing to the court that said sale was fairly made, it is
therefore ordered adjudged and decreed by the Court that said sale be confirmed
and that the same be recorded by the clerk and that HARRISON JAMISON admr. as aforesaid conveyance by Deed of said
lands to the purchaser thereof, vesting the title that heretofore existed in
the said MARY HENDERSON & GRACY ERWIN in said purchaser and
divest said MARY HENDERSON and GRACY ERWIN.
Page 235
Estate
of MARY C. ROBERTS Minor
At this day come PETER
E. ROBERTS Guardian of the person and Estate of MARY C. ROBERTS, and made his Report of the condition of his wards
Estate as follows towit in cash notes $828-46 at 12 per cent interest since the
15th August 1860—6 Head of horses & 8 Head of cattle, and $5.00
for sale of stray Sheep, Also his account current with his said wards Estate,
to the amount of $106.08. Ordered by the court that said account be allowed and
the report approved.
Estate
of J. J. MILLER Decd.
At this day come J.
J. HARRISON admr. de bonis non of the Estate of J. J. MILLER Decd. and made report of his action as such admr.
ordered by the court that the same be approved.
Janry. 2d 1861. Court met according to adjournment 3d day
said Term.
Estate
of MARY C. ROBERTS Minor
Upon the petition of PETER
E. ROBERTS Guardian of MARY C.
ROBERTS, ordered by the court that there be set apppart [apart] of the
Estate of said MARY C. ROBERTS for
her maintanance [maintenance] for the present year and Education Fifty dollars.
Estate
of JOHN SPEER [SPEAR] JR. Decd.
Application of MARY
McCANTS for appointment of administratrix with the will annexed, of said
decd. Now this cause come on to be heard, It appearing to the court that notice
of said application had been given as required by law in such cases and JOHN SPEER SENR. appearing and
protesting against such appointment, the court proceeded to hear and try said cause,
after hearing the evidence in said cause in which was read the will of JOHN SPEER JUNIOR and hearing the argument of Council, the Court is of the
opinion that a married woman might under the law be appointed administratrix
but after such appointment could not qualify or do any act whatever pertaining
to the Estate without being joined by her husband, the court is further of the
opinion that no necessity exists at present of sufficient magnitude to warrant
the expense of an administration upon said Estate, It is therefore Ordered by
the court that the prayer of petition MARY
J. McCANTS [be] rejected…
Page 236
…and the said MARY J.
McCANTS be Taxed with the costs of this cause.
Whereupon
cause MARY J. McCANTS and give
notice of her appeal to the District Court.
Estate
of the Minor heirs of JOHN SPEER JUNR.
Decd.
MARY J. McCANTS
vs. Now at this time
this cause came on
JOHN SPEER SENR. to
be hear, wherein MARY J. McCANTS
Charges
JOHN SPEER SEN. Guardian of the
person and property of ELIZA J., LAURA
E. and JOHN F. SPEER the minor
heirs at Law of JOHN SPEER JUNR.
Decd. with Gross neglect in the management of said Estate, and the court after
hearing the evidence and arguments of concil [sic-council/counsel] in said
cause is of the opinion that the said guilty (sic) JOHN SPEER SENR. Guardian aforesaid has not been [guilty] of an
Gross neglect or mismanagement of the Estate of said wards, It is therefore
ordered adjudged and decreed by the court that the application of Plaintiff in
said cause for the revocation of the letters of Guardianship of the said JOHN SPEER SENR. as aforesaid be
dismissed by this court and that Plaintiff be taxed with the costs in this
cause expended.
Estate
of the Minor heirs of JOHN SPEER JUNR.
Decd.
Now at this time this cause came to be heard, the
Presentation of the inventory and appraisement of the Estate of the Minor heirs
at law of JOHN SPEER JUNR. Decd.
made by JOHN SPEER SENR. Guardian of
said Minors and appraisers appointed by this court, after examination of said
Inventory and appraisement, It [is] ordered by the court that the same be
approved, and recorded by the clerk.
Now at this time come JOHN
SPEER SENR. Guardian of the Minor heirs at law of JOHN SPEER JUNR. Decd. and made report of the condition of his
wards Estate showing on hands in chash [cash] $66 55/100 ordered by the court
that said report be approved.
Also comes JOHN SPEER
SEN. Guardian of the minor heirs of JOHN
SPEER JUNR., and by petition prays the court for an order of court for the
sale of some beer steers of the Estate of said minors, ordered by the court
that the said JOHN SPEER Guardian as
aforesaid proceed to sell at public outcry to the highest bidder at such time
and place as he may deem most to the interest to his said wards on a credit or
for cash as he may deem best and Report such sale or sales to this court.
Page 237
Estate
of H. D. EAKLE Decd.