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Probate Minutes - 1846-1870 - Volume C-1
Page 513
-min ((?), I desire to have and hold in all respects
whatever, but only this conditionally, till their death or removal from the
same.
I
am weak in Body but sound in mind & memory, whereof I hereunto set my hand
and scroll for seal the date above.
his
John X
Finley
Mark
Witnesses
Thomas Finley
Shadrick Jackson
State of
Harrison
Jameson
Chief
Justice C. C. T.
It ordered by the Court that Letters of Administration be
granted unto JOHN WILLIAMS upon the
Estate of JOSEPH WILLILAMS deceased.
MARY GAMBLE, a resident citizen of Collin prays
for Letters of Guardianship upon the minors of the Estate of JOHN GAMBLE deceased, JOHN A. WILLIAM, WILLIAM A., ERASTUS R.,
The Muicupative (Nuncupative?)
Will of SAMUEL S. BLACKBURN proved
up, filed for record this Aug. 27th A. D. 1855.
A short time previous to the death of Mr. SAMUEL BLACKBURN, he asked me if I did
not think he must soon die. The question being answered in the affirmative by
me, it was the request of his lady as well as his own wish, that he should make
some arrangement with regard to the settlement of his business, as well as some
disposition of the same after it was closed up.
He
requested,
1st That his business should be closed without an
administration as he did not wish the settlement of the same to get into the
Courts.
2nd. That his Brother in law THOMAS HILL assist…
Page 514
…MRS. BLACKBURN
in settling of all the Business.
3rd. He wished all that was due him, collected
all his just debts paid.
4th. He wished that MR. HILL should depose of such property (cattle, furniture &c.)
as would be inconvenient for his Lady to carry back to
5th. He wished that MRS. BLACKBURN leave
6th. That after MRS. BLACKBURN’s arrival in N. C. she act
a[s] guardian for the children, giving Bond for the faithful performance of the
same.
7th. That after death his body be interred in the
Grave Yard near MRS. McGARRAH’s
with Masonic hon[or?].
8th. That said
G.
A. Foote, M. D.
Sworn to and subscribed before me, this August 27th,
1855.
Harrison
Jameson
Chief
Justice Collin Co.,
The undersigned was present and heard in substance the same
declarations of SAMUEL S. BLACKBURN
as set forth and stated by DR. G. A.
FOOTE a few hours previous to his dissolution, and also testifies that said
T.
D. Hill
Sworn to and subscribed before me this August 27th,
1855.
Harrison
Jamison,
Chief
Justice,
The undersigned was present during a part of the
conversation as stated above by G. A.
FOOTE, M. D. by SAMUEL BLACKBURN
deceased, but does not recollect of the said BLACKBURN’s remarking in my
presence that he not wish the settlement of his property to go into the Court
of the County, nor whether (?) disposition he wished MRS. BLACKBURN to make of the remainder after returning to North
Carolina.
Jas.
P. Scott
Sworn to and subscribed before me, Harrison…
Page 515
…Jamison, Chief Justice of Collin County, Texas in open
Court, August 27th, 1855.
Harrison
Jamison
Chief
Justice
Ordered by the Court that Letters of Executorship
issue to ELIZABETH BLACKBURN on the
Estate of said SAMUEL S. BLACKBURN,
according to the Terms and Conditions mentioned in said Will.
Which
Letters are duly issued and the said ELIZABETH
BLACKBURN appeared and took the oath required by Law, no bond being deemed
necessary under the Terms of said Will. Be it ordered that Court be adjourned
until 8 o’clock tomorrow morning.
Court met pursuant to adjournment.
Present: H.
Jameson, Chief Justice
John
L. Lovejoy Clerk by his deputy
And
Dudley Doak, Deputy Sheriff
Ordered by the Court that Letters of Guardianship be granted
to JOHN C. BATES on the person &
property [of] ELIZABETH CHENOWORTH,
minor heir [of] ELIZABETH BATES
alias ELIZA CHENOWORTH.
Ordered that Court be adjourned to the next Term in course.
Harrison
Jamison
Chief
Justice, C. C. T.
State of
Collin County County
Court, Collin Co.,
The
County Court of Collin County, Texas met on the 25th day Last Monday
of September A. D. 1855, for the transaction of Probate Business.
Present and presiding: Harrison
Jamison
Chief Justice Collin Co.
Present: John
L. Lovejoy, Co. Clk. & effo.
James
H. Lovejoy, Sheff C. C. Tex.
At this day came JOHN
WILLIAMS administrator of the Estate of his son JOSEPH WILLIAMS Decd. and filed an inventory and appraisement of
the property of said Decedent which was examined and approved.
At this day came GEORGE
FITZHUGH a citizen of Collin County, Texas and made application for Letters
of…
Page 516
…administration upon the Estate of WM. MOUTRY and GABRIEL H.
MOUTRY Dec’d. and it appearing that the said FITZHUGH has filed a petition praying for such Letters and the said
FITZHUGH having given Bond with
approved security for the faithful performance of his duties as such.
Therefore
it is ordered by the Court that Letters of Administration issue to said FITZHUGH on the Estate of said
Decedents.
Issued.
At this day came B.
F. HENDRICKS by petition praying for Letters of Administration upon the
Estate of JAMES YEARY dec’d late of
Colin County, Texas.
It
appearing that legal notice of the filing of said petition has been given and
the said HENDRICKS having given Bond
and approved security for the faithful performance of his duties as such Admr.
Therefore,
it is ordered by the Court that Letters of Administration be granted said JAMES YEARY, Decd.
Issued.
At this day came ROBERT
SKAGGS by complaint filed in writing stating that THOMPSON HELMS dec’d in his life time executed to him the said ROBERT SKAGGS a certain Bond for a title to certain Land
therein contained and set forth, said Bond having date___day
of ___A. D. 1855.
The
Land for which said Bond is given as set forth therein as follows (to wit: In
Collin County, Texas, on Honey Creek, Beginning at the S. W. Corner of section
No. 28 in Township No. 1 N 1st Base Line. Thence N to the N. W. cor. of said section. Thence East to Honey Ck. Thence down
the ck. (creek) to the East & West line said. Thence West to the place of
beginning.
And the Administrator JONAS
DAWSON being present and
acknowledging and waving notice and citation as required by law.
Therefore
it appearing that said sale by title Bond was legally made, said administrator
is hereby ordered by this Court that the said Adrm.
make to said ROBERT SKAGGS a Title
to said Land in…
Page 517
…accordance with the tenor of said Bond.
The petition of J. H.
HARBERGER admr. De bonis
non of the Estate of JOHN McKINNEY
deceased for the sale of certain lands considered and continued by consent of
parties to the next regular Term of this Court.
Ordered by the Court that Letters of Guardianship be issued
to MARY GAMBLE upon the persons and
property of JOHN A., WM. A., ERATUS R.,
LITTLE J. (TUTTLE J.?) and ANN C.
GAMBLE, minors heirs of W. M. GAMBLE
Decd., upon the said MARY GAMBLE
giving Bond and security for the faithful performance of her duties as such.
Ordered that Court adjourn until Tomorrow morning 9 o’clock
A. M.
According to agreement Court met.
Present: Harrison
Jamison, Chief Justice
J.
D. Doak, Deputy Sheriff
The subscribing witnesses ROBERT M. HATCHER and CHARLES
M. FOX presented the Will of JAMES
R. GRAHAM to be probated, which was proven and ordered by the Court to be
recorded.
Know all men by these present that I, JAMES R. GRAHAM of the
I give and bequeath to my beloved wife all my Real Estate
during her widowhood (after payment of my debtors and Legacies). Such of the
boys as that stay with my wife until her death or marriage, the Land is to be
divided between them equally.
I give and
bequeath to my beloved wife and girls all my household furniture, wearing
apparel and the rest and reside of my personal property.
In
testimony whereof, I have set my hand and seal and publish and declare this to
be my last Will and Testament, in the presence of the witnesses named below,
this the 19th day of April A. D. 1855.
James
R. Graham L. S.
Page 518
Signed, sealed, published and declared by the said JAMES R. GRAHAM as, and for his Last
Will and Testament in the presence of us, who at his request and in his
presence, and in the presence of each other, have subscribed our names as
witnesses hereto.
Robert
M. Hatcher
Charles
M. Fox
State of
The Court adjourned until court in course.
Harrison
Jameson
Chief
Justice C. C. T.
State of
Be
it know that county court met to transact Probate Business.
Present: H.
Jamison, Chief Justice.
J.
L. Lovejoy, Clk.
J.
H. Lovejoy, Sheff.
Ordered by the Court that JONAS DAWSON, Adr. of the Estate of T. HELMS Decd. be allowed the sum of
seventy dollars for collecting and paying out money in the Administration [of]
said Estate.
Also that
he be allowed the sum of sixty seven Dollars & forty cents as per account
filed for services.
At this day came JONAS
DAWSON administrator of the Estate of THOS.
HELMS decd., and files a final account for a settlement of said Estate at
the same time praying to be released of such administration.
It appearing
that notice of such final account being filed, having been given and said
account appearing final (?):
Therefore
it is ordered…
Page 519
…& decreed by the Court that said account be and the
same is hereby confirmed and established and said DAWSON released of said Administration upon getting a Receipt from
said Guardian heretofore appoint for said Effects. Said Estate being indebted
to said
Ordered by the Court that DAVID YEARY guardian of the property received of the Estate of JOHN YEARY, the heirs SYNTHIA O. YEARY & W. P. YEARY, Heirs [of] JAS. YEARY deceased, be and he is
hereby released of said Guardianship.
Ordered by the Court that THOMAS KENDALL, guardian of the person and property of the minor
heirs of THOMPSON HELMS Dec’d take
the Eight Minor heirs of said Decedent and take care, educate and protect free
of charge upon the Estate for and in consideration of the use of the Farm
belonging to said Estate. Also to take all perishable property belonging to
said Estate at its appraised value and to pay Eight per cent on the same in
lieu of the increase thereof. Said guardian is to return said property in as
good order as he received it.
Ordered by
the Court that F. TWEEDLE, MOSES JONES
and JOBE PLOVER be and they are
hereby appointed appraisers [of] the property belonging to the JAMES YEARY’s
Estate.
Issued.
Ordered by the Court that W. YEARY Guardian of the property of
At this day came W.
B. CROCKER by petition praying for Letters of Administration upon the
Estate of S. W. SINGLETON Deceased.
Noticed having been given of the
filing of said petition and there appearing no just cause why said CROCKER shall not be appointed.
Therefore it is ordered by the Court that…
Page 520
…upon said WM. B.
CROCKER given Bond and approved security as such administrator that Letters
of administration issue to said CROCKER
as such. Issued
Ordered by the Court that L. HENDRIX, WM. L. MARTIN and WM.
PORTMAN be and they are hereby appointed appraisers of the Estate of S. W. SINGLETON Decd., and make return
to the Court. Issued.
Ordered that Court adjourn until Tomorrow morning 8 o’clk. A. M.
The County Court met pursuant to adjournment.
Present: H.
Jameson, Chief Justice
John
L. Lovejoy, Clk.
J.
H. Lovejoy Shff.
Ordered by the Court that WM. C. McKINNEY administrator of the Estate of A. G. COMAR Decd. lease out to highest and best bidder from the 10th
day of Nov. 1855 to the 25 day of Dec.1855, on the 10th day of Nov.,
1855, the farm of said Decedent giving ten days notice of the time and place of
letting same out.
Ordered by the Court that ANN E. PHILLIPS Administratrix and WM. PERRIN administrator of the Estate of THOS. PHILLIPS Dec’d proceed to sell the perishable property
belonging to said Estate now unsold, at the residence of WM. PERRIN on a credit of twelve months, on the 5th day
of Nov. next, after giving legal notice thereof.
Ordered by the Court the administratrix and administrator of
the Estate of THOS. PHILLIPS Dec’d
sell at private sale any scattering or liable (?) waste (?) property belonging
to said Estate…
Page 521
…to be sold for less than appraisement vallue
(sic).
At this day came MARY
A. GAMBLE by petition praying for Letters of Guardianship upon the Estate
of the minor heirs of WM. M. GAMBLE
dec’d (to wit): of JOHN A., WM. A.,
ERASTUS R., TUTTLE J. and ANN C.
GAMBLE.
It
appearing that Legal notice has been given, Therefore it is ordered by the
Court, that upon said MARY A. GAMBLE
giving Bond and approved security for the faithful performance of such station.
Therefore
it is ordered that Letters be issued to her as such Guardian.
Issued.
It is ordered by the Court that DAVID STIFF,
Issued.
At this day came JOHN
PEW, by petition praying for Letters of Administration upon the Estate of ABRAM MURPHY deceased.
It
appearing that Legal notice has been given of the filing of said petition, more
therefore, it is ordered by the Court upon said PEW giving Bond and approved security in the premises, that Letters
of Administration be issued to him on said Estate. Issued.
Ordered by the Court that ROBT. PATTERSON, JOSHUA GOTCHER and JOHN McMINN be and they are thereby
appointed appraisers of the Estate of ABRAM
MURPHY deceased. Issued.
Ordered that Court adjourn until Tomorrow Morning 8 o’clk. A. M.
H.
Jamerson,
Chief
Justice
State of
Collin County County
Court, Collin Co., Oct. Term A. D. 1855.
The
Hon. County Court of Collin Co. for the transaction of Probate Business met
pursuant to adjournment. Present as on yes-…
Page 522
…terday:
H. Jamerson, Chief Justice
J. L.
Lovejoy, Clk.
J. H.
Lovejoy, Sheff.
JANE BARRINGTON guardian of the person and property
of the minors MARY W. THAYER, SUSAN T.
THAYER, MARGARET A. THAYER, JOHN W. THAYER and NATHAN J. THAYER. Application for Letters of Guardianship of the
person and property of said above named wards.
It appearing
to the satisfaction of the Court that MARGARET
BARRINGTON and her above named Wards are non-residents of this State. Also
that said JANE guardian &c. has
been legally appointed such guardian by the Hon’l
Probate Court of Sebastian County, Arkansas and having given Bond in double the
value of the property of said wards and compliance with the Law, and it further
appearing that she has fully complied with the Law of this State in her application
for Letters of Guardianship of the person and property of said Ward by filing
in this court a full and complete transcript from the records of the Probate
Court of said Sebastian County, Arkansas (it being the residence of her and her
said wards) certified as required by Law.
It
also appearing to the Court that a sale, as applied for in her application of
the property of her said Wards, will not be injurious but beneficial to the
interests of all the said Wards.
It
is, therefore, ordered by the Court that Letters of Guardianship be issued to
said JANE BARRINGTON upon said
application, as guardian of the persons and property of said above named MARY W. THAYER, SUSAN T. THAYER, MARGARET
A. THAYER, JOHN W. THAYER and NATHAN
J. THAYER be and she is hereby authorized and required to sell the land
belonging…
Page 523
…to her said Wards lying and being in Collin County, Texas
on the Waters of Honey Creek in the Colony granted to Wm. S. Peters &
others, including all the West half of a Section of Land pattened
(sic) in the name of the heirs of BENJAMIN
THAYER Decd. lying about six Miles N. of W. from the Town of McKinney, now
particularly described as Lot No. 1 belonging to J. W. THAYER. Lot No. 2
belonging to M. A. THAYER. Lot No. 3
belonging to M. W. THAYER. Lot No. 4
belonging to J. N. THAYER. Lot No. 5
belonging to SUSAN T. THAYER, as well
appear by reference to a Map, or plat, accompanying the report of the
commissioners for the partition and distribution of divisions of said Lands between
JANE BARRINGTON and her said Wards,
done by a former order of this Court.
Said
Case of J. H.
HARBERGER application for sale of Lands &c. as Admr. of the Estate of JOHN McKINNEY, Decd.
JAMES GRAYUM appearing in said above
case and made it appear to the satisfaction of the Court that he is entitled to
4 shares in said Estate, viz: Purchased of WILLIAM P. McKINNEY, NELSON McKINNEY,
JOHN M. McKINNEY their respective shares, titles and interests and one
claimed by him as the Natural Guardian of ZACHARIAH
GRAYUM, Grandson of JOHN McKINNEY,
deceased.
Issued.
It is therefore ordered by the Court that GEORGE F. LUCAS, GEORGE W. LOVEJOY and GEORGE FITZHUGH be and they are hereby
appointed Commissioners to make a partition and distribution of the Estate of JOHN McKINNEY, deceased, between JAMES GRAYUM and the remaining heirs of
JOHN McKINNEY, consisting of 320
acres patented to the heirs of said Decedent, by patent No. 388, vol. 10 dated
26 day of July 1854, and which said commissioners are referred to.
Issued
Page 524
It is further ordered by the Court in said case, that said
commissioners in making their partition and distribution of said Estate that
they set apart to sd. JAMES GRAYUM a portion or
parcel of said 320 acres which will be equal to 4/9 of said 320 acres taking
into consideration the quality and quality of said Lands. Issued.
It is further ordered that the Clerk of this Court issue to
the sheriff or other Law officer a writ of partition and distribution to the
commissioners named in the 2nd order of this court commanding them
to make partition and distribution of the Estate of said Decedent agreeable (?)
to the orders of this court, and also to make return of said writ at the next
regular term of this Court.
Issued.
Ordered that Court adjourn until next regular term
H.
Jamerson,
Chief
Justice C. C. T.
State of
Collin County County
Court, Collin Co. Nov. Term, 1855.
Be
it known that the County Court of said
H. Jamerson, Chief Justice absent,
present and acting as Chief Justice,
J.
B. Martin I a com.
George
Fitzhugh I
John
L. Lovejoy, Clk.
James
H. Lovejoy, Shiff.
By
J. Dud Doak, Deputy
At this day came W.
YEARRY by petition praying for Letters of Guardianship upon SYNTHIA W. YEARRY & WM. P. YEARRY,
minor heirs of JAMES YEARRY, decd.
It
appearing that legal notice of said petition has been given and that there are
no legal objections to the appointment of said YEARRY as Guardian, There-…
Page 525
…fore upon said YEARRY
giving Bond and approved security, it is ordered by the Court that Letters of
guardianship be issued to said YEARRY
upon the person and Estate of said Minors.
Issued.
Ordered by the Court that FIELDEN TWEEDLE, HARRISON STANDIFER & MOSES JONES be and they are
hereby appointed appraisers to appraise the estates of SYNTHIA O. YEARRY and WM. P.
YEARRY, minor heirs of JAMES W.
YEARRY, Decd.
Issued.
At this day came H.
STIFF & S. B. SKIDMORE two
of the appraisers appointed at the Last Term of this court to appraise the
property belonging to the estate of WM.
M GAMBLE decd. and files with the Court an appraisement of said property,
which is hereby approved and ordered to be filed in the office of the Clerk of
said Court as a legal appraisement of said property.
At this day came the administrator of the Estate of THOS. PHILLIPS Decd. and made return of
sale made under a former order of this court, which return appearing legal is
hereby approved and ordered to be filed among the papers of said Estate.
Whereas it appears by return of the sheriff made upon a
citation issued to MARY A. DUPUY
commanding her to appear at the term of the Court to give Bond and security as
Guardian of the Estate of REUBEN
WILLIAMS and MILES WILLIAMS,
minor heirs of WM. K. WILLIAMS,
Dec’d, that she was not to be found in this county, it is ordered that another
writ issue commanding her to appear and give Bond and security as before
issued.
Appraisement of the property belonging to the Estate [of] JAMES W. YEARRY, presented, examined
and approved.
At this term of Court comes SAMUEL DAY, uncle of ALICE
G. M. DAY, an infant Ward of this Court and files his petition for New…
Page 526
…Bond and security from MISSOURI
D’SPAIN Guardian of said infant and for the removal of B. L. D’SPAIN from the Guardianship of said Ward.
Wherefore
it is ordered by the Court that said M.
MISSOURI D’SPAIN and B. L. D’SPAIN
be cited according to Law to appear at the next Regular Term of this Court and
show cause why the prayer of said petition be not granted.
Issued.
Ordered by the Court that B. F. HENDRICKS administrator of the Estate of JAMES W. YEARY Dec’d proceed to sell all the perishable property
belonging to said Estate on the 20th day of Decr.
A. D. 1855, giving at least ten days notice of the time and place of said sale.
Said sale to be at the last residence of
J. W. YEARY Decd. on a credit of 9 months. This order
made upon petition of said HENDRICKS
this day filed with said court.
At this day came BARBARA
CULWELL, Administratrix of SOLOMON
HUFFSTETLER Dec’d. and present his (sic) report of the condition of said
Estate and asks the authority of the Court to pay off all costs of said
Administration as the same may be ______(?) and allowed.
Ordered that Court adjourn until next regular Term.
John
B. Martin
George
Fitzhugh
State of
Be
it know that the County Court, Collin County, Texas met on the 31st
day of Decr. 1855 for the transaction of Probate
business.
Present: H. Jamerson Chief Justice
Jas.
H. Lovejoy Sheff.
John
L. Lovejoy Clk.
The following proceedings were had:
At
this day came J. B. WILMETH by
petition one of the securities on a Bond heretofore entered into by B. L. D’SPAIN and M. MISSOURI D’SPAIN and prays to be…
Page 527
…released from said Bond as guardian. And it appearing to
the court that the citation on the petition of SAMUEL DAY for the object filed at the Last Term of this Court has
been returned without service.---
It
is therefore ordered by this Court that M.
MISSOURI D’SPAIN, guardian of ALICE
G. M. DAY be cited according to Law to appear before the Chief Justice in
vacation at the Court House in the Town of McKinney on Saturday the 12th
day of January A. D. 1856, then and then to give New Bond and security as said
guardian, and to show cause why B. L.
D’SPAIN shall not be wholly relieved and discharged from said Guardianship.
Issued.
At this day came SILAS
YARNELL by petition, praying for Letters of Administration upon the Estate
of BENJAMIN REYNOLDSON Dec’d.
It
appearing that legal notice of the filing of said petition has been given by
the Clerk of the County Court,
Therefore
it is ordered by the Court that upon said SILAS
YARNELL giving Bond for the true performance of his duties as such.
Therefore
it is ordered that Letters issue to said SILAS
as aforesaid.
Ordered by the court that H. F. WEAR, A. TALKINGTON and THOS.
BARNES, be and they are hereby appointed appraisers of the Estate [of] BENJAMIN REYNOLDSON dec’d. to appraise
the Estate.
Ordered that Court adjourn until tomorrow morning 9 o’clk. A. M.
Tuesday
January 1st, 1856.
The Court met pursuant to adjournment.
Present: H. Jamierson, Chief Justice
John
L. Lovejoy, Clk.
James
H. Lovejoy, Sheff
It is ordered by the Court that JOHN PEW administrator of the Estate of ABSALOM MURPHY deceased proceed to sell the perishable pro-…
Page 528
…perty belonging to said Estate on
the 19th day of January A. D. 1856, at the residence of JOHN PEW in Collin County, on a credit
of six months, taking Bond with approved security of the purchase money, giving
at least ten days previous notice of the time and place of sale by at least
three advertisements put up at the most public places in Collin County.
It is ordered by the Court that B. F. HENDRICKS administrator of the Estate of JAMES W. YEARY deceased have leave to sell at Private Sale one cow
and calf at private sale not to be sold for less than its cash value.
Application of MARY
A. GAMBLE, widow of WILLIAM M.
GAMBOL (sic) dec’d for partition and distribution of the Estate of said
Decedent.
It
appearing to the satisfaction of the Court that all outstanding debts and
demands against said Estate have been paid and that JOHN ADOLPHUS GAMBOL, WILLIAM E. GAMBOL, ERATUS A. GAMBOL, TUTTLE G.
GAMBOL and CATHERINE ANN GAMBOL
are the Legitimate children and heirs at Law of the said WILLIAM M. GAMBOL dec., and that they are
minors under the age of twenty one years—
Therefore
it is ordered by the Court that SAMUEL
BOGART be and he is hereby appointed guardian ad litem to represent JOHN ADOLPUS GAMBOL. That DAVID
STIFF be and he is hereby appointed guardian ad litem to represent WILLIAM E. GAMBOL. That JOHN NELSON be and he is hereby
appointed guardian ad litem to represent ERATUS
A. GAMBOL. That BUFORD HENRY be
and he is appointed guardian ad litem to represent TUTTLE G. GAMBOL. And that HARRISON
STIFF be and he is hereby appointed guardian ad litem to represent CATHERINE ANN GAMBOL, in the partition
and distribution of said Estate, all of whom are residents of
It
further appearing to the satisfaction of the Court that the property described
in the petition or application of MARY
A. GAMBLE, viz:
Fifty
acres of Land on East…
Page 529
…Fork out of an augmentation Grant of 2/3 of a League and
one Labor to WM. DAVIS, a house and
Block of Lots No. 67 and containing Lots No. 234 & 235 in the Town of
McKinney and a house and ½ one half lot M. 42 in Block 5 in said Town, is the
Community property of the said MARY A.
GAMBLE and the said WM. M. GAMBLE
dec’d.
It
is, therefore ordered by the Court that a partition of said above described
property be had in two equal morities (moieties?), ½
to the said MARY A. GAMBLE and the
other half to the said children and minor heirs at Law of the said WM. M. GAMBLE decd.
It
is further ordered by the Court that DAVID
STIFF, SAMUEL BOGART and JOHN NELSON
be and they are hereby appointed commissioners to make partition and
distribution or divison (sic), fairly, justly and
impartially between the said MARY A.
GAMBLE and the above named minor heirs and children of said Decedent of
said above described property and agreeable to the true intent and meaning of
the above orders and decrees of this Court and that they be and they are hereby
required to make full return of their proceedings to the next regular term of
this Court and that a writ of partition and distribution issue.
It is ordered by the Court that the orders made in the case
of the petition of J. H. HARBERGER
non (?) de bonis non of the Estate of JOHN McKINNEY Decd. for partition and
distribution of Lands therein named, which orders were made at the October Term
of this Court A. D. 1855 be and the same are hereby revived, which said revived
of said orders are made for the following reasons, to wit: 1st. That
said commissioners appointed thereby, failed to act for the want of a competent
Surveyor. 2nd. That one of said Commissioners was disabled from
acting on account of sickness and the Commissioners appointed by said orders
and decrees are hereby authorized and required to act under the writs of
partition and distribution heretofore issued to them by the Clerk of this
Court.
Page 530
At this day came JANE
BARRINGTON guardian of the person [and] property of MARY W. THAYER, SUSAN T. THAYER, MARGRET A. THAYER and JOHN W. THAYER and NATHAN J. THAYER minor heirs and heirs at Law of BENJAMIN THAYER decd., by her attorney J. H. HARBERGER and presented to the court, an account of sale of certain
property described as follows: 320 acres of Land, it being the West half of
section No. 21, in Township No. 6, North of the first Base Line and in Range 2,
east of the first Meridian which said Land was divided into (5) five equal
parts among the above named heirs; and the Court having inquired into the
manner in which said sale was made, and is satisfied that it was fairly made
and in conformity with Law.
Therefore
it is ordered, adjudged and decreed by the Court that said account of sale be
recorded by the Clerk and a conveyance be made to THOS. STALCUP the purchaser of said Land.
Ordered by the Court that it adjourn until next term.
Harrison
Jameson,
Chief
Justice, C. C. T.
State of
Collin County County
Court, Collin Co., Vacation, Jany. 12th,
1856.
Co.
Court Collin Co.,
Present: H. Jamerson, Chief Justice
J.
L. Lovejoy, Clk.
J.
H. Lovejoy, Shff.
At this day came M.
It
is therefore ordered by the Court that the securities upon a certain Bond
heretofore entered into be B. L. D’SPAIN
& said M.
Page 532
…are hereby released from any further liability upon said
Bond for the further Guardianship said on ward.
It is ordered by the Court that M. MISSOURI D’SPAIN have the services of two negro women belonging
to the minor heirs of FRANKLIN DAY
deceased for herself and minor heir.
H.
Jamierson,
Chief
Justice, C. C. T.
State of
Collin County County
Court, Collin Co.,
Be
it known that the County Court of Collin County, Texas met on the 28th
Jany, 1856 for the transaction of Probate Business.
Present: H. Jamerson, Chief Justice
John
L. Lovejoy,
James
H. Lovejoy, Sheriff
By
J. D. Doak, Deputy
At this day came the administrator of the Estate of S. W. SINGLETON viz,
WM. B. CROCKER and filed an
inventory and appraise Bill of the property belonging to the said Decedent’s
Estate.
It
being duly sworn to and appearing just and fair,--
Therefore
this court adjudges the same to be in accordance with Law and hereby confirms
and approves the same.
Issued.
Ordered by this Court that WM. B. CROCKER Admr. of the Estate of S. W. SINGLETON decd. proceed to sell the personal property
belonging to the Estate of said Decedent at the residence of said CROCKER on the 16th day of
February, 1856, giving at least ten days notice of the time and place. Term of
sale, cash in hands.
Further
that said WM. B. CROCKER made report
of the same at the next Term of this Court.
Issued.
Ordered by this court that the orders made in the case of
the petition of JACOB H. HARBERGER,
Admr. De Bonis Non of the Estate of JOHN Mc…
Page 532
…KINNEY,
deceased, for partition and distributed of certain Lands therein named at the
October Term, 1855, be and the same is hereby revived with the exception that ROBT. FITZHUGH be and he is hereby
appointed a commissioner instead of GEORGE
W. LOVEJOY, deceased, to act in conjunction with GEORGE FITZHUGH and GEORGE
F. LUCAS in the partition and distribution of said Land therein named, said
ordered revived for the following reason, (viz): The
illness and Death of said LOVEJOY
one of the Coms. In consequence of said death said Coms. fail[ed] to act in the premises, that he be and he is
hereby required to issue Writs of partition and distribution to said Coms. and description of said Land to be partitioned and
distributed.
That
said Coms. make their reports at the next term of
this Court.
Ordered that Court be adjourned until tomorrow morning 9 o’ck. A. M.
Tuesday, January 29th, 1856.
County Court for probate business met pursuant to
adjournment.
Present: H. Jamerson, Chief Justice
John
L. Lovejoy, Clerk
Jas.
H. Lovejoy, Sheff.
By
J. Dud Doak, Dept.
At this day came SILAS
YARNELL administrator of the Estate of BENJAMIN
REYNOLDSON, dec’d. and filed an inventory and appraisal Bill of the
property & Effects belonging to said Decedent’s Estate which has been duly
examined by the Court.
It
appearing just and fair said inventory and appraise Bill is hereby approved by
this Court.
Issued.
Ordered by the Court that SILAS YARNELL Administrator of the Estate of BENJAMIN REYNOLDSON Dec’d proceed to sell at Public Sale, the late
residence of said Decedent on a credit of Twelve months…
Page 533
…following property, to wit:
1 yoke of oxen, 1 Prairie Plow, 6 head horses, all of which
property belongs to the Estate of said Decedent.
Issued.
At this day came the commissioners of partition and
distribution between MARY GAMBLE and the minor heirs of WM. M. GAMBLE Dec’d appointed at the last term of this court and
made an exhibit of their acts in the premises duly sworn to by them.
The said
Commissioners report that following division of the property of said Decedent:
They allot to the said MARY GAMBLE
widow of said Decedent a certain Block of Lots, to wit: Block M (67) sixty
seven containing Lots No. (234) two Hundred and thirty Four and two hundred and
thirty five (235) in the town of
To said
heirs named in said report or exhibit, they allot and set apart unto them
collectively the following described property, (to wit): fifty acres of Land on
the Waters of East South half of Lot No. (42) forty two in Block No. (5) five
with the improvements thereon, situated in the Town of McKinney, State and County
aforesaid, which said report has been duly examined by this court.,
Therefore
it is ordered and decreed by this Court that said sale be adopted as just and
fair & that the same be recorded.
On the application of MARY
GAMBLE, Guardian of the minors J. A.
GAMBLE, WM. GAMBLE, E. A. GAMBLE, C. J. GAMBLE and C. A. GAMBLE praying for an order of sale of a portion of the
property belonging to said minors.
Page 534
It is therefore ordered by this Court that publication of
said application be made in the Dallas Herald in the
Ordered that Court adjourned until next Regular Term.
H.
Jamison,
Chief
Justice C. C.
State of
County of Collin County
Court, Collin Co., Feb. Term, 1856.
Be
it remember that the County Court of Collin County met on the 25th
day of Feb. 1856 for the transaction of Probate Business.
Present: H. Jamerson, C. J.
G. L.
Lovejoy,
James H.
Lovejoy, Sheff.
By J. Dud Doak, Deputy.
At this day came SILAS
YARNELL Admr. of the Estate of BENJAMIN
REYNOLDSON deceased and made a report of sale of the personal Estate of
said Decedent ordered to be sold at the last Term of this Court.
The
account of such sale appearing fair and it appearing that Legal notice has been
given in said case of sale,--
It is
ordered by the Court that said sale be and the same said sale is hereby
confirmed and ordered to be filled with the papers of said Estate.
Ordered by the Court that MARGARET COX administratrix and MALICHI COX ad-…
Page 535
…ministrator of the Estate of SILAS COX deceased pay to each heir of
said Estate their respective shares, the sum of Two Hundred ninety six ($296)
Dollars and thirty six cents
At this day came WM
PERRIN admr. of the Estate of THOS. PHILLIPS deceased and presented
to the Court an additional Inventory of property, come into his possession
since he made a general inventory of property belonging to said Estate.
The
same having been examined by the Court, it is hereby approved and ordered to be
filled with the papers of said Estate.
At this day came R.
P. MURRY by petition, praying for Letters of Guardianship upon the persons
and Estates of HOMER MURRY, JULIA C.
MURRY, WM. T. MURRY and MIARIAH
MURRY, minors heirs of W. L. MURRY
and MARY C. MURRY deceased, for the
purpose of removing a guardianship over said Estate formerly obtained in
It
appearing that legal notice has been given of the filing of said petition,
Therefore
it is ordered by the Court that upon said REASE
P. MURRY giving Bond and approved security that Letters of Guardianship issue
to said R. P. MURRY. Letters as such guardian Issued.
At this Term of the Court come TALTON CUMMINS and pursuance of his petition and notices here
before filed and posed as provided by Law presents the Will of THOMAS M. ROWLAND deceased for Probate.
And
thereupon came JEREMIAH H. WILSON,
one of the attesting witnesses to said Will and takes and subscribes in open
Court this written affidavit proving the execution of the same according to
Law, which is filed.
Therefore
it is ordered by the court that said Will be recorded as the Last Will and
Testament of THOS. M. ROWLAND decd.
and that Letters Testamentary issue to the Executor therein named.
Page 536
Ordered by the Court that WILLIAM WILSON, J. H. WILSON and D. J. FRANKLIN be and they are hereby appointed appraisers of the
Estate of THOS. M. ROWLAND deceased.
Issued.
Ordered that the Court adjourn until tomorrow at 9 o’clk. A. M.
State of
The
County Court of said County for Probate Business met on Feb. 26th,
1856, pursuant to adjournment.
At this day came WALTER
YEARRY, administrator of the Estate of JOHN
YEARRY, deceased and filed with the Court an exhibit of said Estate as
required by article No. 1141 Hartley’s Digest which has been examined and is
proving to be such an exhibit as is required by Law in the mind of the Court:
Therefore
it is hereby approved and ordered to be filed with the papers of said Estate.
It is ordered and decreed by this court that a sum of One
Hundred and twenty five Dollars be and the same is hereby allowed the heirs of JAMES W. YEARRY deceased (lately died)
and that said amount be either paid to them or their guardian in money, out of
the first funds of the Estate that may come into Amr’s
(Administrator?) Hands or in such personal effects as their guardian may chose
to take at the appraisement vallue (sic), or a part
of each as they may select.
Ordered by the Court that there be set apart for the use and
benefit of the children of JAMES W.
YEARRY deceased any such property exempt from Execution and forced sale by
the Constitution and Laws of this State.
Ordered that Court adjourn until next regular term of the
Court.
Page 537
State of
Be
it known that the county Court of Collin County met for the transaction of Probate
Business
Present: H. Jamerson, Chief
Justice
John L.
Lovejoy, Co. Clk.
James H.
Lovejoy, Sheff.
At this day came MELINDA
ALLEN the mother and natural guardian of the person and property of the
minor heirs of EDWIN ALLEN deceased
(viz:): WM. M.
ALLEN, ALEY JANE ALLEN and THOMAS
ALLEN, JR. and qualified (sic) according to Law as the said natural Guardian.
Ordered that Letters of Guardianship issue to MELINDA ALLEN as the natural guardian
of the person and property of her infant children, WM. M. ALLEN, ALEY JANE ALLEN and THOS. ALLEN JR. after giving Bond and approved security for the
faithful performance of her duties in the premises.
Issued.
Ordered that HENRY
DYE, THOMAS STALCUP and JAMES
STALCUP be and they are hereby
appointed appraisers of the property belonging to the minor heirs of EDWIN ALLEN, Dec’d.
The Guardian of the persons and property of Minor children
of EDWIN ALLEN deceased present an
Inventory and appraise Bill of the property belonging to said…which has been
examined and approved.
At this day came
PERMELIA TURNER formerly PERMELIA
ALLEN and asked the Court permission to qualify as Guardian of the minor
heir, NANCY JANE ALLEN, her child.
Which permission is granted by her giving Bond and qualifying according to Law.
Issued.
Ordered that W. B.
WEAR, L. M. MARTIN and WM. CULWELL
be and they are hereby appointed as appraisers to appraise the property
belonging to the heirs of W. P. ALLEN,
deceased. Issued.
Page 538
The Guardian of the person & Estate of the minor child NANCY JANE TURNER presents inventory
and appraise Bill of the property belonging to the Estate of said minor which
was examined and approved.
Issued.
At this day came THOMAS
M. SCOTT by petition praying for Letters of Administration upon the Estate
of WM. M. SHIRLEY deceased, notice
having been given, therefore upon the said SCOTT
giving Bond and approved security, it is ordered that Letters issue regularly
to said THOS. M. SCOTT.
Issued.
At this Term again came THOMAS
M. SCOTT together with LEWIS SHIRLEY
and P. A. HAMILTON as his securities
and executed a Bond in the penal sum of Two Thousand and ____ Dollars for the performance of said Trust.
Ordered that JONATHAN
ALLEN, WM. D. SCOTT and CHARLES H.
WYSONG be and they are hereby appointed appraisers for the purpose of
appraising the Estate of WM. M. SHIRLEY,
Decd.
Issued.
Ordered that THOS. M.
SCOTT, Admr. of the Estate of WM. M.
SHIRLEY, Decd., proceed on Saturday, the 17th day of April 1856,
to sell all the personal property belonging to the Estate of said Decedent on a
credit of twelve months with good security.
Ordered that an allowance of Two Hundred and Fifty Dollars
be made to the widow and minor children of WM.
M. SHIRLEY dec’d to be taken by them out of the personal property at its
appraised value or in money as the Widow may choose for support and maintainance (sic) of said widow and minor children for the
term of one year.
At this term of the Court came by petition CHARLOTTE COLLINS praying for Letters
of Administration upon the Estate of her…
Page 539
…husband JOHN H.
COLLINS deceased. She tendering to the Court a Bond in the sum of six Thousand
Dollars with CHARLES RETOR and MILTON WILKERSON securities, which said
Bond is hereby approved and ordered to be filed and Letters of Admr. issue to
said CHARLOTTE COLLINS as
administratrix.
Issued.
Ordered that Court Adjourn until Tomorrow morning 8 o’clk. A. M.
State of
The
County Court Collin County for Probate Business met on Tuesday, 1st
day April pursuant to adjournment.
Present: H. Jamerson, Chief J.
Jno. L. Lovejoy, Clk.
Js. H.
Lovejoy, Sheff.
It having come to the knowledge of the Chief Justice that
there was within this County a minor without a legal guardian over the age of
14 years, the said minor NANCY JANE
STONE appearing in Court and choosing SAM’L
P. BROWN as her guardian.—
Therefore,
upon the said BROWN’S giving Bond
and approved security, it is ordered that Letters of guardianship issue accordingly.
SAM’L P. BROWN appearing in Court,
gives Bond in the sum of One Thousand Dollars with M. R. PARRISH and JAMES H.
LOVEJOY as his security. Letter issued. Minor heir NEAL STONE died. Issued.
Page 540
Ordered that PERMELIA
FARMER guardian of her infant daughter NANCY
JANE ALLEN proceed to sell at Public outcry at the Court House Door in the
Town of
Said sale made for the purpose of
providing means for the support of the minor
heirs…said Wm. P.
ALLEN deceased. Said certificate
being for 640 acres of Land No. 66.
Ordered that MALINDA
ALLEN, guardian of her infant children Wm.
M. ALLEN, ALEY (?) JANE ALLEN and THOMAS ALLEN, JR., proceed to sell on Tuesday, the 15th
day of April 1856 at Public outcry, to the highest bidder for cash in hand at
the Court House door in the Town of McKinney, a certain Land certificate issued
to the heirs of EDWIN ALLEN deceased
as a settler in Peter’s Colony for 640 acres of land.
Ordered that CHAROLOTTE
COLLINS admrx. Of the Estate of JNO. H. COLLINS decd. proceed to sell
to the highest bidder on a credit of 12 months at the late residence of the
deceased all the personal Estate of the said deceased.
On the application of MARY
GAMBLE guardian of the minors heirs of WM.
M. GAMBLE deceased, for a sale of certain property named in her said
application, and it appearing to the satisfaction of Court that advertisement
has been made for the sale of the property therein named, and that the Law has,
in all other respects been complied with, it is therefore ordered by the
Court….
Page 541
…that the said MARY
GAMBLE, guardian as aforesaid, be and she is hereby authorized to sell the
following described property (to wit: Fifty acres of Land on the Waters of the
East…about on and one half miles North of the Town of
On application of J.
H. HARBERGER, Admr. de Bonis now of the Estate of
JOHN McKINNEY deceased for a
partition and division of certain lands therein named, to wit: 320 acres of
Land patented to the heirs of said JOHN
McKINNEY, by patent dated the 26 day of July 1854, No. 388, Vol. 10, about
10 miles south 15º East from the Town of McKinney, County of Collin, State of
Texas.
It is
therefore ordered by the Court that GEORGE
WHITE, M. R. PARISH, J. D. DOAK, BENJ. SPARKS & JAS.
1st.
That they allot to JAMES GRAYUM 4/9
of said 320 acres, it being four shares, viz: one as the assignee of WM. B. McKINNEY, one as the assignee of
NELSON McKINNEY & one as the
natural guardian of ZARCHARIAH GRAYHAM,
Grand son of said JOHN McKINNEY
deceased, and the remainder in 5 equal shares between SARAH BORDEN, WILEY McKINNEY, JAMES McKINNEY, ROLAND McKINNEY &
JANE MYERS, they being the remaining heirs and distributes of said JOHN McKINNEY deceased.
It is
further ordered that the clerk of the Court issue a write of parti-
Page 542
…tition and distribution to the Comrs. Herein named commanding them, or a majority of them
to make such partition and distribution in accordance with the above orders and
decrees of this Court. Also, commanding them to make due return of said Writ,
with their proceedings thereon, at the April Term of this Court, 1856.
Issued.
Ordered and decreed by the Court that THOS. LEWELLING, administrator of the Estate of JOSHUA E. HEATH deceased on Tuesday 15th
day of April 1856, proceed to sell at Public outcry at the Court House door in
the Town of McKinney on a credit of (12) twelve months with Bond and security
for the securing of the purchase money thereof, the following certificate, viz: A Land Certificate for 320 acres issued to the heirs
said decedent by special act of the Legislature and that said Admr. make report
of the same at the next term of this Court.
It having come to the knowledge of the Chief Justice of
Collin County, legally, that there is a person in said County, by the name of JOHN PHILLPS who is an idiot, or
Lunatic, or is non compes mentis, and is incapable of
managing his own affairs.
It,
also, having been prayed that on inquiry thereunto be had, and said PHILLIPS having been brought before
me:--
Ordered
by the Court that J. D. DOAK, JOHN L.
LOVEJOY, W. B. BENGE, J. P. STUART, J. M. KIRKPATRICK, GRATON WILLIAMS, MILTON
WILKERSON, P. S. HACKER, HARRISON STIFF, P. A. HAMILTON, S. T. LEWIS and A. J. TUCKER be all of
Ordered that Court be adjourned until next Term.
Harrison
Jamerson,
Chief
Justice,
C.
C. T.
Page 543
State of
Apr. Term, 1856.
Be
it known that the County Court of Collin County, Texas met Apr. 28th
1856, for the transaction of Probate Business.
Present: H. Jamierson, C. J.
Jno. L. Lovejoy, Clerk. C. C.
J.
D. Doak, Dept. Shiff.
It having come to the knowledge of the Chief Justice of
Collin County, that there is a person in said County by the name of JOHN PHILLIPS, who is reported to be an
idiot, or person of unsound mind, therefore unable of managing of his person or
estate; it also having been prayed that an inquiry be had in regard to the
soundness of said PHILLIPS.
Therefore
it is ordered by the Court that W. B.
BENGE, J. P. STEWART, MILTON WILKERSON, P. S. HACKER, DAVID STIFF, A. J.
TUCKER, MR. B. PARRISH, W. M. PARKS, THOS M. PRINCE, F. M. DOUGHERTY, J. B.
NEWSOME and MOSES SPARKS, be
summons (sic) to inquire into said
PHILLIP’S state of mind.
Issued.
State of
County of Collin County
Court Collin County
Apr. 28th, 1856.
We,
the jury, summons and sworn to inquire and a true verdict render whether JOHN PHILLIPS is of sound mind or not,
hereby returned a verdict that said PHILLIPS
is not of sound mind, that is non compos mentis this April 28th,
1856.
William
M. Parks
David
Stiff
J.
P. Stewart
A.
J. Tucker
M.
R. Parish
Peter
B. Champion
Jas.
P. Scott
George
H. Pegnes
W.
B. Benge
H.
H.. Tucker
his
Moses
X Sparks
Mark
Page 544
At this day came GEORGE
PHILLIPS and applied for Letters of Guardianship upon the person &
estate of JOHN PHILLIPS who is
unsound in mind, by tendering to the Court his Bond and security for the
faithful performance of his duties therein in the sum of Three Thousand
Dollars.
Said
Bond having been approved it is ordered that Letters of Guardianship issue to
said GEORGE PHILLIPS as guardian
said JNO. PHILLIPS.
Issued.
At this day came PARMELIA
TURNER guardian of her infant child NANCY
JANE ALLEN and made report that in pursuance of an order of this Court made
at the March Term 1856, to sell at Public auction to the highest bidder at the
Court House door in the Town of McKinney, the Colony Headright
Certificate of 640 acres of Land issued to the heirs of WM. P. ALLEN.
That
she sold the same in pursuance of Law for the sum of 60c per acre to HENRY DYE.
Said
sale of certificate and report appearing just and fair, it is ordered and
decreed that the same be confirmed. And that said PERMELIA TURNER convey to said purchaser or his legal assigns such
title as is vested in said heirs at Law, the said certificate.
At this day came MALINDA
ALLEN guardian of her infant children, WILLIAM
ALEY, JANE AND THOS. ALLEN JR. and made report of the sale of Colony
certificate for 640 acres issued to the heirs of EDWIN ALLEN decd. in which report it is set forth the same was sold
in accordance [to] the Law and the order of said Court to G. A. FOOTE for the sum of 44 centers per acre. It appearing from
said report that the sale of said certificate was made in due form of Law, and
appearing just and fair in all aspects,-It is therefore ordered and decreed…
Page 545
..by the Court that the sale of said certificate be and the
same is hereby confirmed and the said MALINDA
ALLEN authorized to convey to said purchaser such title as is vested in
said heirs of EDWIN ALLEN dec’d.
Report of J. W.
THROCKMORTON, guardian [of?] NANCY
THROCKMORTON, submitted to the Court in which said THROCKMORTON asks the authority to Lay out the Cash now on hands
(sic) in Land.
The
said report is hereby confirmed and the Court being of the opinion to lay out
the money in said guardian hands in Lands, would be the safest and most
practicable investment that can be made,--
Therefore,
the said guardian is hereby empowered to lay out said money on hand in Land.
Said
guardian is hereby required to make report of all investments made by heirs.
Ordered that Court adjourn.
Harrison
Jamierson,
Chief
Just, C. C. T.
State of
May Term, A. D. 1856.
Be it known
that the County Court of said County met on Monday the 26th day of
May A. D. 1856, for the transaction of Probate Business.
Present: Hon’l H. Jamerson, C. J. C. C.
James
H. Lovejoy, Sheff.
John
L. Lovejoy, Clerk.
At this day came JAMES
KEELING and ELI BAKER by
petition, praying for Letters of administration de Bonis
Non upon the Estate of SAMUEL FRENCH
deceased. It appearing that legal notice has been given as required by
Law,--therefore, it is ordered by the Court that when said KEELING and BAKER shall
have given Bond and approved security for the performance of their duties as
such administrators that Letters issued as aforesaid to said JAMES KEELING and ELI BAKER. Issued.
Page 546
At this day came JAMES
KEELING and ELI BAKER by petition praying for Letters of Administration upon
the Estate of JANE FRENCH decd.
It
appearing that Legal notice has been given in the premises,--therefore upon
said KEELING and BAKER giving Bond and approved
security, it is ordered by the Court that Letters issue to said parties.
Issued.
Ordered that JNO. M.
MILLER,
Whereas at the August Term of this Court ELIZABETH BLACKURN was appointed the
Executrix of the last Will and Testament of her husband, SAMUEL S. BLACKBURN dec’d. and qualified as said Executrix as the
Law directs, and whereas by the neglect of the acting clerk at said Court no
order for such appointment was entered of record,--it is therefore ordered by
the court that order appointing said ELIZABETH
BLACKBURN Executrix of L. S.
BLACKBURN be entered nunc protunc.
Ordered by the Court that WM. C. McKINNEY proceed to pay the debts against the Estate of A. J.
COMER deceased.
Report of WM. C.
McKINNEY, Admr. of the Estate of A.
G. COMAR Decd. presents and approved and filed.
At this day came BARBARA
CULWELL administratrix of the Estate of SOL HUFFSTETLER Dec’d and presented her account for final
settlement.
Therefore
it is ordered by the Court that the heirs of Law of said Estate be cited to
appear at the next regular Term of this Court and contest said account if they
see proper. Said heirs to be cited as the Law direct. Issued.
At this day came GEO.
H. PEGUES by petition…
Page 547
Praying for Letters of Administration upon the Estate of F. S. YOUNG Deceased.
It
appearing that Legal notice has been given as required by Law, and said PEGUES having presented to the Court a
Bond in the sum of Two Thousand Dollars with good security thereto,-- Therefore
it is ordered by the Court that said Bond be approved and that Letters of
Administration issue to said GEORGE H.
PEGUES.
Issued.
Ordered that JOHN M.
SALMONS, S. E. DONALDSON and JAMES
B. STRAIN be and they are hereby appointed appraisers of the Estate of F. S. YOUNG, Decd.
Issued.
Ordered that Court adjourn until tomorrow Morning 9 o’ck A. M.
The County Court of Collin County for the transaction of
Probate Business, met on Tuesday, May 27th day.
Present: Harrison
Jamerson, Chief Justice
John
L. Lovejoy Effo.
Clk.
James
H. Lovejoy Sheff.
The report or exhibit of J. B. WILMUTH, Guardian of SARAH
E. and NANCY A. BLACKWELL, presented,
examined and approved, and ordered to be filed.
At this day came WALTER
YEARRY administrator of the Estate of JOHN
YEARRY Dec’d, and filed final account for settlement of said Estate.
Therefore
it is ordered that the heirs at Law of said Estate be cited to appear at the
next regular Term of this Court, and contest said account, if they deem it
proper and right.
Issued.
It is ordered by the Court that they commissioners, viz: GEOERGE WHITE,
M. R. PARISH, JAMES ANDERSON & BENJAMIN
SPARKS, who were appointed at the March Term of this Court to divide the
Estate of JOHN McKINNEY dec’d or the
property named in said orders of their appointment and they are hereby allowed
till the next regular Term of this Court to make or complete…
Page 548
…their report as Comrs. relative
to the division, partition and distribution of the Estate of said Decedent.
It is ordered and decreed by the Court that the return of
sale of certain property therein named, made by MARY GAMBLE Guardian of the minor heir of WM. M. GAMBLE deceased be confirmed and said account of sale is
hereby ordered to be recorded by the Clerk of this Court and a conveyance be
made to ANDREW HOWELL and SAM’L BOART, the several purchasers of
said Lands or property named in said account of sale, so made and reported by
said Guardian, vesting all the right and title that they said WM. M. GAMBLE deceased, had in and to
the premises aforesaid.
Ordered that Court adjourn until the next regular Term.
Harrison
Jamerson,
Chief
Justice C. C. T.
State of
County of Collin County
Court, Collin Co.
June Term, 1856.
Be
it remembered that the Hon’l Probate Court of Collin
County met for the transaction of Business.
Present and presiding: Harrison
Jamison, Chief Justice
John
L. Lovejoy, Clk. C. C.
James
H. Lovejoy, Shff by deputy
Ordered by the Court THOMAS
M. SCOTT administrator of the Estate of WM. M. SHERLEY decd. proceed to sell at private sale the crop of
wheat raised on farm of the deceased this year.
Said SCOTT not to sell said wheat for less
the customary price and that he make report of same.
At this day came JAMES
KEELING and ELI BAKER
administrators of the Estate of SAMUEL
FRENCH and JANE FRENCH Decd as
filed with the Court an inventory and…
Page 549
…appraise Bill of the property belonging to said Estates
which have been examined and are hereby approved.
Ordered by the Court that there be allowed the minor heirs
of the Estate of SAMUEL & JANE FRENCH deceased, the sum of Two
Hundred Dollars for their support and maintenance in such property or effects
as the said heirs or their guardians may choose. The names of said heirs hereby
provided for are MARION FRENCH, JOHN
FRENCH, RULDOLPH FRENCH and PECHEY
E. FRENCH.
Ordered that the Administrators of the Estate of SAMUEL and JANE FRENCH Dec’d. proceed to sell at Public outcry at the late
residence of said Decedent’s on a credit of twelve months after given ten days
notice of the time and places of sale.
Said sale
to take place on Tuesday, the 15th day of July 1856. Said
administrators to take note and good security for the purchase money.
At this day came WALTER
YEARY administrator of the Estate of JOHN
YEARY Dec’d, and filed a final settlement with the Court, which has been
examined and approved by the Court.
Therefore
ordered that said YEARY distribute
among the heirs, to each twenty six Dollars and seventy cents.
At this day came A.
HOWARD administratrix of the Estate of JANET
HOWARD dec’d and made report of the condition of said Estate, which said
report has been examined and approved.
At this Term of the Court came BARBARA CULWELL administratrix of SOLOMON HUFFSTETTER deceased
and files her petition for a continuance [of] final settlement of said Estate
from this Term to the next October Term of this court, which is filed and
approved and said continuance is granted as prayed for next October Term of
this Court.
At this day cames ELIZA MEVINA WALTERS, minor heir of ….WALTERS, who is over the age of
fourteen years, and chooses HEZEKIAH
WALTERS, who is…
Page 550
…a citizen of this
At this day comes CATHARINE
YOUNG, minor heir of SAM’L T. YOUNG
deceased, which said heir is over the age of fourteen years, and chooses as the
guardian of her person and property J. B.
WILMETH.
At this day comes KESIAH
P. YOUNG minor heir of SAMUEL F.
YOUNG, Decd. who is over the age of fourteen years and chooses as the
guardian of her person and property BENJAMIN
SPARKS.
On this day come JOSEPH
D. YOUNG, minor heir of SAMUEL F.
YOUNG Decd., who is over the age of fourteen years and chooses as his
guardian of person and property, JORDON
O. STRAUGHAN.
It is ordered by the Court that J. B. WILMETH be and is
hereby appointed guardian of the person and property of JAMES WILLIAM YOUNG, minor
heir of SAMUEL F. YOUNG.
It is ordered that Court be adjourned until next regular
Term.
Harrison
Jimerson
Chief
Justice C. C. T.
State of
July Term 1856.
Be it know
that the County Court, Collin County, Texas met on the 28lth day of July 1856,
for the transaction of Probate Business.
Present: Harrison
Jamerson, Chief Justice
John.
L. Lovejoy, Clk Co. Court Collin Co.
James
H. Lovejoy, Sheff.
At this day came JAMES
KEELING and ELI BAKE
administrators of the Estate of SAM’L
FRENCH and JANE FRENCH Dec’d and filed a Sale Bill of the property of said
Deceased sold by them on the 15th last, which said…
…report has been examined and is hereby approved and ordered
to be filed.
It is ordered by the Court that J. B. WILMETH be and he is hereby appointed Guardian of the person
and property of JAMES WILLIAM YOUNG
minor heir of SAMUEL F. YOUNG Dec’d.
It
is further ordered that upon the said
WILMETH’S giving Bond in the sum of Five Hundred Dollars, Letters of
Guardianship issue to him as guardian said heir.
Issued
Ordered that J. B.
WILMETH be appointed Guardian of the person and property of CATHARINE YOUNG a minor heir of SAM’L F. YOUNG, Dec’d who chose him as
her guardian that said WILMETH Bond
and security in the sum of Five Hundred Dollars. Issued.
It is ordered by the Court that the sum of One Hundred
Dollars be and is hereby allowed out of the Estate of F. S. YOUNG dec’d. to ELSY
JANE YOUNG the widdow (sic) of said F.
S. YOUNG dec’d and her infant child for their support for the term or time
of …years.
Also that
the sum of fifty Dollars be and is hereby allowed CATHARINE YOUNG heir of the Estate [of] F. S. YOUNG dec’d for her support for one year.
Also that
Fifty Dollars be and is hereby allowed JAMES
YOUNG minor heir of the Estate of F.
S. YOUNG Dec’d for one year’s support.
Also that
fifty Dollars be and is hereby allowed JOSEPH
D. YOUNG minor heir of the Estate of F.
S. YOUNG Dec’d for his support for one year.
It is ordered by the Court that the administrator of the
Estate of F. S. YOUNG dec’d pay over
al property exempt from forced sale by execution to the widow and guardian of
the minor heirs of said Estate as the Law directs.
Ordered by the Court that the remainder of the property of
the Estate of F. S. YOUNG be sold at public outcry by GEORGE H. PIGERS Admrs.
Of said Estate on the 26th day of August at the residence of MOSES SPARKS, giving due notice thereof
both…
Page 552
…of the time and place by written advertisements posted up
at different public places in the
Ordered by the Court that SHERWOOD HERRING, WILLIAM MURPHY, LEWIS MARSHALL, ISAAC HERRING and
S. E. DONALDSON be and are hereby
appointed Commissioners to divide 640 acres of Land, belonging to the Estate of
MARTIN HEARN deceased, between the
heirs of said Estate in accordance with the Will of said Decedent, which is of
record in the County Clerk’s office of Collin County and make a report to the
next term of this Court.
Issued.
Ordered that Court adjourn until tomorrow morning 9 o’ck a. m.
Tuesday,
July 29th, 1856.
County Court met pursuant to adjournment.
Present: H. Jamerson, C. J.
J.
L. Lovejoy, Clk.
Jas.
H. Lovejoy
Ordered that the settlement of the Estate of HUBBARD SHORT Dec’d with OLLIVER (sic) LOVING admr.be postponed until next
regular term this County.
Ordered by the court that J. O. STRAUGHAM be appointed
Guardian of the person and Estate of JOSEPH
D. YOUNG, Minor heir of F. S. YOUNG
dec’d., which said heir being over the age of 14 years, came before the Court
and made choice of said STRAUGHAM as
his guardian and upon said STRAUGHAM
given Bond and approved security in the sum of Five Hundred Dollars, that
Letters issue to him as such Guardian. Issued.
Guardianship of BLACKWELL
At this day came J.
B. WILMETH, guardian of SARAH E.
and NANCY ANN BLACKWELL and made an
additional report to his annual settlement which was examined and approved and
ordered to be filed, leaving a balance in said Guardian’s hand of ($459.18 ¾)
Four Hundred and fifty Nine Dollars & 18 ¾ cents.
Page 553
Ordered that court adjourn until next regular Term.
August
Term A. D. 1856.
State of
Present: Hon’l George H. Pegnes A. J.
John
L. Lovejoy Clk.
Jas.
H. Lovejoy, Sheff.
At this day is presented the petition of W. G. STROTHER for the appointment of a
guardian for the person and Estate of M.
G. STROTHER and L. C. STROTHER,
and E. O. STROTHER, minor heirs of B. C. STROTHER Dec’d over the age of 14
years, and it appearing that legal notice has been given in said
cases,--Therefore it is ordered that in the first case of minors under the age
of 14 yeas that J. O. STROTHER be appointed Guardian of the persons and
Estates of said M. G. STROTHER and L. C. STROTHER, minor heirs of B. C. STROTHER dec’d. that said J. O. STRAUGHAN (sic) is required to
give Bond security in the sum of Three Thousand Dollars and that upon his
giving Bond Letters issue to him as such guardian.
Issued.
Ordered by the Court that J. J. HARRISON be appointed
Guardian of the person and Estate of E.
STROTHERS minor heir over the age of 14 years which said heir came before
the Court and made choice of said J. J.
HARRISON as guardian of her person and Estate, and upon said HARRISON giv[ing] Bond and security in the sum of Fifteen Hundred
Dollars, and that Letters Issue to him as such Guardian. Issued.
Ordered by the Court that the Clerk of this Court issue a
citation requiring M.
Issued.
Ordered by the court on the application of J. H. HAR…
Page 554
…-BERGER (?) for
the sale of certain Lands belonging to the heirs of JOHN McKINNEY, that the following property of said Estate be and
the same is hereby ordered to be sold for the purpose of paying the expenses of
Administration upon said Estate, to wit: All those portions of said Estate that
have been heretofore by the order of this Court, Set off and apportioned to SARAH BORDEN, JAMES McKINNEY, WILEY B. McKINNEY, JANE MYERS and ROWLAND R. McKINNEY, heirs at Law of
said JOHN McKINNEY deceased.
The
said portion set off being a part of the headright
survey of said JOHN McKINNEY of 320
acres of land in Collin County, Texas, and patented to said heirs by patent
dated July 26th A. D. 1854.
It
is further ordered that the same be sold on a credit of twelve months to the
highest and best bidder, and that the purchase money be secured by mortgage
upon the property sold and together with good personal security.
Said
sale to be made at the Court House door in the Town of
At this day came LUCY
W. COMAR and presented her petition praying for Letters of Guardianship
upon the person and Estate of WILEY,
THOS., WILLIAM, HENRY and SARAH F.
R. COMAR, minor heirs of A. G. COMAR
dec’d.
It
appearing that Legal notice of the filing of said petition has been
given,--therefore it is ordered that said LUCY
W. COMAR be and she is hereby appointed guardian of the person and Estates
of said minors, and that she is required to enter into Bond and security in the
sum of one Thousand Dollars, and that thereupon said LUCY have and receive Letters of Guardianship.
Page 555
It is ordered by the Court LEWIS SHIRLEY, GOERGE WHITE and JOHN FITZHUGH be and they are hereby appointed Commissioners to
make a partition and distribution of the Estate of B. C. STROTHER dec’d among the heirs of said Estate, giving or
allotting to L. C. STROTHER, one of
the heirs of said Estate a part or portion thereof equal to one fourth of said
Estate and to E. O. (?) STROTHER a part of portion equal to
one fourth of said Estate, and to M. B.
STROTHER a part or portion of said Estate, equal to one fourth of said
Estate, and to PARALLER V. DODSON, wife of JAMES M. DODSON, a part or portion of said Estate, equal to one
fourth of said Estate.
The
above named person being all that are entitled to a share of said Estate.
It
is further ordered that said commissioners make such partition in accordance
with the quality & quantity of said property to be partitioned, and that
they make report to this Court at the next regular Term.
If any
advancements have been made to either of said heirs, it is to be taken into
consideration,
Ordered
by the Court that JOEL F. STEWART, J. O.
STRAUGHAM and… be and they are hereby appointed appraisers of the Estates
of CATHARINE YOUNG minor heir of F. S. YOUNG Dec’d and JAMES W. YOUNG, also an heir of said F. S. YOUNG dec’d.
Ordered by the Court that JOHN L. LOVEJOY, DAVID and J.
B. WILMETH be and they are hereby appointed appraisers of the Estate of F. S. YOUNG Dec’d.
Ordered that Court adjourn until next regular Term.
George
H. Pegues,
Chief
Justice,
State of
Present: George
H. Pegues, C. J.
John
L. Lovejoy, Clk.
Page 556
J. H. Lovejoy, Sheff.
At this day comes JAME
KEELING and applies to the Court for an order to rent the farm belonging to
the Estate of DANIEL and JANE FRENCH deceased.
It
appearing to the interest of said Estate that said farm should [be] rented out
and kept in repair.—
Therefore
it is ordered by the Court that JAMES
KEELING and ELI BAKER the
administrators of said Estates rent the same for the term of one year, on
Tuesday the 30th Sept. 1856, at public auction to the highest bidder
after giving at least ten days notice of the time and place said Farm shall be
rent for cash, to be paid on the expiration of 12 months, requiring Bond and
security.
The
person renting to keep the fence laid up.
Said
auction to be had at the late residence of said decedent’s.
George
H. Pegues
Chief
Justice C. C. Texas
State of
Sept. Term, 1856
Be
it know that the County Court of Collin County,
Present: Geo.
H. Pegues, Chief Justice Co. Court
James
H. Lovejoy, Sheff.
John
L. Lovejoy Clk.
The State of
September 29th, A. D. 1856.
To
all to whom these presents may come greeting:
Know
ye that JOHN ATKINSON was this day
appointed administrator pro tem of the Estate of NANCY ATKINSON, dec. and the said JOHN ATKINSON having given Bond and
approved security for the faith-
Page 557
-full performance of his duties as such,--these are
therefore, to authorize the said JOHN
ATKINSON to enter upon and take possession of all and singular the slaves
belonging to the Estate or the heirs of the said NANCY ATKINSON deceased.
Empowering him the said JOHN
ATKINSON administrator to bring suit for the same and take the same into
his own possession, wherever he may find them, and there safely keep until the
regular Term of the Honorable the Probate Court of Collin County and the said JOHN ATKINSON is hereby empowered and
authorized to take proper measures by suit at Law or otherwise for the recovery
of any property and especially any slaves belonging to said Estate, which may
be in the possession of any other person or persons who may be endeavoring to
detain or dispose of it and is hereby invested with full and necessary power to
take possession of and keep said property until the next term of our said court
or by order until the second Term thereof, at which time he shall make his
report as said Administrator pro tem as required by Law. Given under my hand
Geo. H. Pegues
Chief
Justice
of
In attestation whereof I hereunto set my official signature
and the seal of said Court at office in the Town of
John
L. Lovejoy,
of
Collin Co.
At this day came JAMES
PRICE by petition, paying for Letters of Administration upon the Estate of MARY A. PRICE deceased, late wife of
said JAMES PRICE.
It
appearing to the Court that legal notice has been given of the filing of said
petition by the County Clerk of Collin County and the said JAMES PRICE having given Bond and approved security for the
faithful performance of the duties of such administrator, therefore it is
ordered by the…
Page 558
…court that said JAMES
PRICE be and he is hereby appointed administrator of said Estate and it is
further ordered that Letters of Administration issue to said JAMES PRICE as such. Issued.
Whereas JAMES PRICE
Admr. of the Estate of MARY A. PRICE
has this day filed his exhibit and petition in which he represents and shows
that he with his decedent had bargained and sold to WILLIAM RODMAN two tracts of Land in Collin County, containing One
Hundred and fifteen acres and that a title deed had not been made to said RODMAN before the demise of the said MARY A.
It is therefore ordered, adjudged
and decreed that the said JAMES PRICE
as Admr. make to said WILLIAM RODMAN
a good and sufficient title to said Lands, divesting (?) his said decedent of
her rights in and to said land and resting the same in the said RODMAN.
At this day came CHARLES
C. COOPER before the court and made choice of STANLEY COOPER as the guardian of his person and Estate, and
process having been regularly served on ISSAC
N. COOPER and he failing to appear,--it is ordered by the Court that STANLEY COOPER be and he is hereby
appointed Guardian of the person and Estate of said ISAAC N. COOPER, both of them an infant heir of MILTON COOPER dec’d over the age of 14
years. Issued
It is ordered by the Court that STANLEY COOPER be and he is hereby appointed Guardian of the person
and Estate of MARY L. COOPER infant
heir of MILTON COOPER deceased under the age of 14 years, regular
notice of this application having been given as the Law requires.
Ordered that JOSEPH
Page 559
At this day came MARY
BUTLER by petition praying that HARRISON
JAMISON be appointed administrator of the Estate of WM. BUTLER dec’d.
It
appearing to the chief Justice that legal notice, as required in such case, has
been given,--
It is
ordered by the Court that HARRISON
JAMISON be and he is hereby appointed administrator of said Estate, and
that he give Bond and security in the sum of Thirteen Hundred, for the faithful
discharge of the duties required of him, and upon his giving said Bond that
Letters of Administration issue to him as administrator of the Estate of WM. BUTLER Decd.
Issued.
Ordered by the court that SILAS YARNALL, PELEG (?) W. REYNOLDSON and A.
TALKINGTON be and they are hereby appointed appraisers of the Estate of WM. BUTLER dec’d. Issued.
At this day came L.
M. MARSHALL, S. E DONALDSON and ISAAC
HERRING and WM. MURPHY some
appointed to make partition and distribution of the Estate of MARTIN HEARN Decd. and made report to
the Court of their action in the premises, which report has been examined and
approved and ordered to be filed and recorded by the Clerk of this Court.
At this day came JOHN
L. LOVEJOY, JR. by petition praying for Letters of Administration on the
Estate of EDWARD BRADLEY Dec’d.
It
appearing to the satisfaction of the Court that legal notice has been given,
therefore, it is ordered that JOHN L.
LOVEJOY be and he is hereby appointed Administration of the Estate of said BRADLEY dec’d and that said LOVEJOY give Bond and security in the
sum of six thousand Dollars for the faithful performance of his duties as such
administrator, that when he gives said Bond that Letters of Administration of
said Estate---Issued.
Ordered by the Court that DAVID STIFF, BUFORD HENRY and JOSIAH
D. DOAK be and they are here-…
Page 560
…by appointed appraisers of the Estate of EDWARD BRADLEY dec’d. Issued.
Ordered by the Court that W. G. STROTHER administrator of the Estate of B. C. STROTHER deceased, be cited by the Clerk of this Court to
make the exhibits required of him by Law as such administrator at the October
Term of this Court, 1856, before this Court. Issued.
Order that Court adjourn until Tomorrow morning 9 o’clock A.
M.
Tuesday,
September 30th, A. D. 1856.
The County Court met for the transaction of Probate Business
pursuant to adjournment.
Present: Geo.
H. Pegues, Chief Justice
John
L. Lovejoy, Clerk
James
H. Lovejoy, Sheriff
At this day came THOMAS LEWELLING
administrator de Bonis Non of the Estate of JOSHUA E. HEATH deceased and made
report of the sale of a certain certificate belonging to said Estate, which
said certificate was granted to the heirs of said Estate by the Legislature of
the State of Texas for 320 acres.
The
court having examined said report and the manner in which said sale was made,
and being satisfied that it was fairly made in conformity with Law,--
Therefore
it is ordered and decreed by the Court that said sale be confirmed and that
said report be recorded by the clerk of this Court and that said Administrator
de Bonis Non make the purchaser THOMAS STALCUP a conveyance of said certificate.
Ordered by the Court that certain orders for Partition and
distribution of the Estate of B. C.
STROTHER Dec’d among the heirs thereof made at the August Term of this
Court, ____? Be and the same are hereby annulled and held for naught.
Page 561
At this day came WM.
PERRIN administrator of the Estate of JACKSON
HARDIN deceased and made his annual exhibit in said Estate.
It
appearing to be made in accordance with Law, therefore, it is hereby approved
and ordered to be filed.
Ordered that Court adjourn until next regular term.
Geo. H.
Pegues,
Chief
Justice C. C. Texas.
State of
County of Collin County
Court, Collin Co., October Term 1856.
Be
it known that the County Court of Collin County, Texas, met on Monday the 27th
day A. D. 1856, for the transaction of Probate Business.
Present: George
H. Pegues, Chief Justice
John
L. Lovejoy, Clk.
J.
H. Lovejoy, Sheriff
By
M. R. Parrish, Deputy.
At this day came JOHN
M. KINCAID Admr. of the Estate of JOSEPH
SLATER and made a final settlement of his accounts of said administration
which final account and settlement, is hereby approved by the Court, the Court
being satisfied that legal notice as required in such cases has been given.
At this day came H.
JAMERSON Admr. of the Estate of WM.
BULTER dec’d and presented appraisement of the property belonging to said
Estate which has been examined and approved.
B. F. HENDRICKS administrator of the Estate of JAMES W. YEARRY deceased, having failed
to make the return to this court required by Article No. 1191, Hartley’s Digest
and more than twelve months having expired since the original grant of Letters
of Administration to him, on motion of J.
H. HARBERGER agent for creditors of said Estate, ordered that the Letters
of Administration heretofore granted to said HENDRICKS be and…
Page 562
…the same are hereby revoked.
At this day comes BARBARA
CULWELL, administratrix of the Estate of SOLOMON HUFFSTETLER Dec’d. and asked for a continuance of a final
settlement of said Estate from this term to the next January Term of this
Court, which continuance is hereby granted as asked for by said administratrix.
At this day came J.
J. HARRISON Guardian of the person and Estate of E. O. STROTHER, minor heir [of] B. C. STROTHER, dec’d, and made report of the condition of said
Estate [and] said heir, which has been examined and approved by the Court.
At this day came J.
O. STROTHER, guardian of M. G. & L. C. STROTHER minor heirs of B. C. STROTHER dec’d., and made report
of the condition of the Estate of said minors which said report has been
examined and approved by the Court.
At this day came OLIVER
LOVING administrator of the Estate of HUBBARD
SHORT dec’d and presents his account for final settlement of said Estate,
it appearing that all the debts known to exist, have been paid so far as the
assets in his hands will permit,--Therefore it is ordered by the Court that the
Clerk give at least twenty days notice that said Administrator will at the next
term of this Court make a final settlement of said Estate,… which notice shall
be posted up at the Court House door, and at two other public places in said
County and shall state the presentation of his final account, when it will be
acted on, and shall require all persons interested in said Estate to appear and
contest said account.
At this day came W.
G. STROTHER administrator of the Estate of B. C. STROTHER Dec’d and made an exhibit as required of him as such
administrator by the 82nd Article Hartley Digest which exhibit has
been examined…
Page 563
..and approved by the Court.
Ordered that Court be adjourned until tomorrow morning 8
o’clock A. M.
Tuesday,
October 28th, 1856.
The County Court of Collin County met on Tuesday the 28th
day of October 1856 pursuant to adjournment for the transaction of Probate
Business.
Present: George
H. Pegues, Chief Justice,
John
L. Lovejoy,
James
H. Lovejoy, Sheff.
Ordered by the court that WALTER YEARRY Guardian of the heirs of JAMES W. YEARRY decd. be allowed the sum of Fifty dollars out of their
Estates, this allowance is made to said Guardian as per account against said
heirs for their maintenance and support for the last year.
Now at this day came JACOB
HARGERGER administrator De Bonis Non of the
Estate of JOHN McKINNEY, deceased,
and rendered his report and account of sales made by him by virtue of an order
and decree of this Court made at the August Term thereof A. D. 1856 by which he
was ordered to sell certain Lands belonging to said Estate and described in
said order as follows, to wit:
All
those portions of the Real Estate of said JOHN
McKINNEY deceased situated in said County of Collin that have been, by the
Commissioners appointed to partition and distribute said Estate set off and
apportioned to SARAH BORDEN, JAMES
McKINNEY, WILEY B. McKINNEY, ROWLAND R. McKINNEY and JANE MYRES and which is more particularly described as follows, to
wit:
Commencing
seventeen chains and seventy seven Links East of the North East Corner of JOHN GRAY’S 320 acres at a part from
which an Elm 8 inches on diameter marked X brs. South
44º West 460 Links running thence South 80 chains Thence East 22 chains and 20
Links to the South East…
Page 564
…corner of said JOHN
McKINNEY’S 320 acre survey thence North 80 chains to the said JOHN McKINNEY’S North East Corner
thence West 22 chains and 20 Links to the place of beginning containing one
hundred and seventy seven and seven ninths of an acre of Land and the Court
having inquired into manner in which said sale was made and being satisfied
that it was made fairly and in conformity with Law, it is hereby ordered that
said sale be in all things confirmed and the accounts thereof recorded and it
is further ordered that the said JACOB
HARBERGER administrator as aforesaid make and deliver to EDWARD HIGBY the purchaser at said
sale, a deed of conveyance of the said Lands upon receiving from the said EDWARD HIGBY the security required by
Law.
At this day came WM.
PERRIN administrator of the Estate of THOMAS
PHILLIPS Dec’d and made an exhibit required of him by the 82d section of
Hartley’s Digest, which exhibit has been examined and approved by the Court.
Ordered by the Court that W. G. STROTHER be allowed the sum of One Hundred and Eighty
Dollars.
This
allowance made to the said STROTHER
for past maintainance and support of the heirs of B. C. STROTHER Decd., their (there) having been no yearly allowance
made at the proper time.
At this day came GEORGE
H. PEGUES administrator of the Estate of F. S. YOUNG Dec’d and presented a Sale Bill of the personal
property made by him on the 26th day of August, which said sale Bill
or report of sale was examined by GEORGE
FITZHUGH and WILLIAM BEVERLY too
(two) County Commissioners and approved by them.
At this day came GALLATIN
SEARCY administrator of the Estate of SAMUEL
BROWNING Dec’d and presented the Court , an application…
Page 565
…for the sale of a certain unconditional certificate No. 5
for 320 acres issued to the heirs of said SAMUEL
BROWNING Dec’d. by the Board of Land Commissioners of Collin County which
said application is accompanied by a Statement in writing of the estimated
expenses of Administration there being no other Effects belonging to said
Estate, and it appearing to the satisfaction of the Court that here is a
necessity for a sale of said certificate:
Therefore
it is ordered by the Court that GALLATIN
SEARCY Administrator of the Estate of SAMUEL
BROWNING dec’d, proceed to sell the unconditional certificate granted to
the heirs of said BROWNING dec’d,
No. 5 for 320 acres of Land by the Board of Land Commissioners of Collin
County, Texas at Public outcry at the Court House Door in the Town of McKinney,
on the 1st Tuesday, being the 2d day of Decr.
1856, giving first, at least twenty days notice thereof, at the Court House
Door and two other public places.
Said
sale to be on a credit of twelve months, good security for the purchased money
to be required.
Ordered that Court adjourn until next regular Term.
George
H. Pegues,
Chief
Justice,
Collin
Co.,
State of
November Term, A. D. 1856 for the transaction of Probate
Business.
Present: Hon’l Geo. H. Pegues, Chief Justice
John
L. Lovejoy, Clerk
James
H. Lovejoy, Sheff.
By
M. R. Parish, Deputy
At this day is presented to the Consideration of the Court
this final account of OLIVER LIVING
administrator of the Estate of HUBBARD
SHORT Decd’ which account is verified by affida-…
Page 566
…vit for settlement and it having
been ordered by the Chief Justice at the Last Term of this court that at least
twenty days notice be given by posting notices at the Court house door and two
other public places in the County, which notice specified the presentation of
said account, the Term of the Court when to be acted on, and required all
persons interested in said Estate to appear and contest said account, and it
appearing to the satisfaction of the Court that legal notice has been given in
accordance with Law and the order of this Court and having examined said
account duly and being satisfied that said account is correct,--
Therefore
it is ordered by the Court that the same be confirmed and that said
Administrator be discharged from his trust, there being no Estate remaining in
the hands of said Administrator.
At this day came WALTER
YEARRY and filed his application for the Probate of the Last Will and
Testament of ELIZABETH HENDRICKS
dec’d. which Will was proved up in accordance with Law, by taking the evidence
of P. B. BAILEY one of the
subscribing witnesses to the execution of said Will by said ELIZABETH HENDRICKS.
Therefore
it is ordered by the Court that WALTER
YEARRY be and he is hereby appointed Executor of the Estate of said ELIZABETH HENDRICKS. And it is further
ordered that said Will be recorded, and that Letters of Executorship
be issued to said YEARRY, after the
said YEARRY gives Bond and approved
security in the sum of Two Thousand Dollars. Issued.
Ordered by the Court that HARRISON STANFORD, MOSES JONES and FIELDEN TWEEDLE be and they are hereby appointed appraisers of the
Estate of ELIZABETH HENDRICKS Decd.
Issued.
Ordered by the Court that WALTER YEARRY guardian of the Estate of SYNTHIA O. and WM. P. YEARRY
Dec’d., sell at private sale some Beef…
Page 567
…Steers belonging to said minors and make report thereof to
this Court. Issued.
At this day came A.
T. ROBERTSON by petition praying for Letters of Administration upon the
Estate of ROBERT SKAGGS Dec’d.
It
appearing to the satisfaction of the Court that legal notice has been given of
the filing of said petition and the said ROBERTSON
having tendered to the Court his Bond in good and lawful sum of Two Thousand
dollars,--
Therefore
it is ordered that said Bond be approved and that Letters of Administration
issue to said ROBERTSON as
Administrator of said Estate. Issued.
Ordered by the Court that it be adjourned until 8 o’clock A.
M. Tomorrow Morning.
State of
Present: Geo.
H. Pegues Chief Justice.
John
L. Lovejoy, Clerk.
James
H. Lovejoy, Sheff.
By
M. B. Parish, Deputy.
At this day came GEORGE
WHITE by petition praying for Letters of Administration upon the Estate of JONATHAN PHILLIPS deceased.
It
appearing to the satisfaction of the Court that legal notice of the filing of
said petition has been given, therefore it is ordered by the Court that said GEORGE WHITE be and he is hereby
appointed administrator of said Estate and that he give Bond in the sum of Five
Thousand Dollars and that upon his giving Bond that Letters issue to him as
such administrator.
Issued.
Ordered by the Court that JOSEPH
Issued.
Page 568
No.
1
Upon petition of JAMES
M. DODSON, P.V. DODSON, wife of the said JAMES M. DODSON, and JOHN
MALLOW and ELIVIRIA O. MALLOW,
wife of said JOHN MALLOW, for a
partition and distribution of the Estate of B. C. STROTHER Dec’d. the following proceedings were had.
It
appearing to the satisfaction of the Court that upon said petition legal notice
had been served upon W. G. STROTHER
administrator of the Estate of said B.
C. STROTHER dec’d., and J. O.
STRAUGHAN Guardian of M. G. STROTHER
and L. C. STROTHER, who are minors,
and they all being represented in Court either in person, by attorney or
Guardian, and it further appearing to the satisfaction of the Court that P. V. DODSON, wife of JAMES M. DODSON, and ELIVIRA O. MALLOW, wife of JOHN MALLOW, and M. G. STROTHER and L. C.
STROTHER all of whom are citizens of Collin County, Texas, are the only
heirs legally, and children of the said B.
C. STROTHER Dec’d. and entitled each to an equal distributive share of the
Estate of said Decedent.
It
is therefore, 1st ordered by the Court that GEORGE WHITE, JOHN FITZHUGH and LEWIS SHERLEY be and they are hereby appointed commissioners to
make a fair, just and impartial division or partition and distribution of the
following Real Estate adjudged to be the property of said decedent, into four
equal parts, taking into consideration the quality and quantity together with
improvements &c, 1st Tract containing (712) seven hundred and
twelve acres of land out of the head right survey of WILLIAM SAUNDERS Survey of 1280 acres being and lying in Collin
County, Texas on the Waters of East Fork of Trinity River, Beginning at the
North East Corner of said survey of 1280 acres, a post from which an Elm mkd. J. D. bears East one chain and twenty six links and an
Elm Mrk—X bears north 13 º East one chain and sixty
Links. Thence West with the North line of said Survey eighty seven chains and
40 Links to a post in the East Bank of Clements Creek from which a Spanish…
Page 569
…Oak 8 inches in diam. Mkd X brs N 47º 16 links Thence
West to the middle of said Creek. Thence down said creek in the middle of the
bed thereof with the meanders thereof, to the South Line of said survey. Thence
East to a post on the East bank thereof from which a Spanish Oak 10 in. in diam. Mkd. X brs
North 45º East 10 Links. Thence East 99 chains and 80 Links with the South Line
thereof to the South East Corner thereof a post from which an Elm 10 inches in diam. Mkd. X brs.
North 60 1/4º West two chains and… Links, Thence North with the East line of
said Survey seventy five chains and 68 Links to the place of beginning.
2nd Tract containing (87) Eighty Seven acres out
of the Head right Survey of the heirs of JAMES
FISHER Dec’d. of 3405 acres being and lying in the County and State
aforesaid on the Waters of Sister Grove Creek, beginning in the North Line of JAMES FISHER share (?) at a post on the
East Bank of said Creek from which a bois d'arc 4
inches in diam. Mkd. X brs N. 56 ½ (º) e. 22 Links Thence East 51 (?) chains &
88 Links to the N. E. Corner of said share a post from which an Elm 4 in. in diam. Mkd. X brs.
South 77 (º) W. 21 Links and an elm 5
in. in diam. Mkd. X bears
S. 87 1/3 (º) E. 20 Links, Thence South 14 (º) 25 (º) E. 12 chains & 33 (?)
Links to the North East Corner of a survey of 320 acres in the name of RUFUS SEWELL. Thence West 56 chains and
56 Links to the North West Corner thereof. Thence South 9 chains to a post in
the West Line thereof. Thence West 6 chains and 80 links to a point in the
middle of the Bed of Sister Grove Creek. Thence up said creek in the middle of
the Bed thereof to the north Line of said share. Thence east 50 Links to the
place of beginning.
It is further ordered by the Court that said commissioners
take into consideration the advancements made to the following named heirs,
which they are hereby adjudged to have received, viz. M. G. STROTHER and L. C.
STROTHER jointed one mare and colt valued (sic) at ….Dollars.
3rd.
It is further ordered that said Commissioners divide or
allot said lands to each distributee…
Page 570
…of a part in each parcel or of parts in one or more
parcels, or of one or more parcels either with or without the addition of a
part or parts of other parcels as shall be most for the interest of said Distributees provided the same is capable of being so
divided without manifest injury to all or any of said distributes.
It further appearing to the satisfaction of the Court that
it is to the interest of the heirs and distributes of said Estate not to order
a division of the personal property of said Estate now in the hands of the
Administrator,--it is therefore ordered that the said Commissioners partition
the Lands above described only.
4th.
It is further ordered that a Writ of Partition and
distribution issue commanding said Commissioners to proceed forthwith to make a
partition and distribution of the real Estate above described in accordance
with the decrees of this Court that they make due return…said writ with their
proceedings under it at the next Term of this Court, show in how they have executed
the same. Issued.
In the matter of the application of LUCY W. ELSTON, late LUCY W.
COMAR, for partition of the common property of herself and her late husband
ABSOHM G. COMER.
Upon
reading and filing the application of LUCY
W. ELSTON praying for a partition and distribution of the common property
of herself and her late husband ABSOHM
G. COMER it is ordered that the hearing of the application be continued
until the next Term of this Court and that a citation issue for WM. C. McKINNEY administrator of the
Estate of ABSOHM G. COMER to appear
at the next term of this Court to show cause why said partition and
distribution shall not be made.
Page 571
In the Matters of the Estate of NANCY ATKINSON Dec’d.
Upon
reading filing the final report of JOHN
J. ATKINSON by which it appears that the said NANCY ATKINSON at the time of her decease was not possessed of any
property real or personal or any assets to be administered and whereas he prays
to be discharged from his administration of said Estate.
It
is ordered that the said JOHN J.
ATKINSON be and is hereby discharged from the same according to the prayer
in his said report.
It is ordered by the Court that the second order made in the
petition of JOHN M. DODSON and
others for a partition and distribution of the Real Estate of B. C. STROTHER deceased be and the same
is hereby annulled.
At this day came JOHN
C. BATES, Guardian of ELIZABETH
CHENOWORTH and made report on the Estate of said CHENOWORTH, which report has been examined by the Court & is hereby
approved.
Ordered that Court adjourn until Tomorrow morning 9 o’clock
a. m.
Wednesday
November 26th, 1856.
The County Court of Collin County met pursuant to
adjournment.
Present: Geo.
H. Pegues, Chf. Justice
John
L. Lovejoy, Clerk
Jas.
H. Lovejoy, Sheff.
By
M. R. Parish, Depty.
At this day is presented an inventory and apprise Bill of
the real and personal property belonging to the Estate of EDWARD BRADLEY Dec’d. which being duly certified by the
Administrator of said Estate and by the appraisers thereof and having been
examined and duly considered by the Court, the same is hereby approved.
Page 572
Agreeable to Article 1153 Hartley’s Digest I, GEO. H. PEGUES, Chief Justice of the
County Court of said County, fix the amount of the allowance for the support of
the widow of EDWARD BRADLEY Dec’d
late of said County, (to wit): NANCY
BRADLEY, at the sum of One Hundred Dollars which amount is adjudged by the
Court to be sufficient for her maintenance for the Term of one year, which
allowance shall be paid to said NANCY
BRADLEY, widow of said deceased by the administrator of said Estate either
in money out of the first funds of the Estate that may come into his hands, or
in such personal Effects of the deceased as said widow may choose to take at
the appraisement, or a part thereof in each as she may select.
In the matter in relation to the Estate of JAMES W. YEARRY deceased.
B. F. HENDRICKS of said County having been appointed administrator upon said
Estate on the 24th day of September A. D. 1855, and having accepted
said appointment, and more than twelve months having expired since the original
grant of Letters of Administration to said HENDRICKS,
and he having neglected to return to this Court an exhibit of the condition of
said Estate as required by Article 1191 section 82 of Hartley’s Digest and
having grossly neglected his duties as such administrator,--it is ordered that
the Letter of Administration, granted to the said B. F. HENDRICKS as aforesaid, be and the same is hereby revoked and
set aside. And it appearing by the petition of JACOB H. HARGERGER that the said JAMES W. YEARY, at the time of his death was largely indebted, and
that said indebtedness is still unpaid, and is now in the hands of the said HARBERGER for collection,--it is further
ordered that the said JACOB H. HARBERGER
be and he is hereby appointed administrator de bonis
non upon said Estate, and that Letters of Administration be issued to him…
Page 573
…upon his filing a Bond in pursuant of the Statute.
In the matter of the petition of JOHN C. BATES guardian of the person and Estate of ELIZABETH CHENOWORTH, a minor.
On
reading and filing the petition of JOHN
C. BATES, guardian of the person and Estate of said ELIZABETH CHENOWORTH, where in it is in substance represented that
since the appointment of said BATES
as such guardian, a suit had been commenced in the District Court of Collin
County against said BATES, ELIZA his wife and said ELIZABETH CHENOWORTH and others, by NANCY
ANN BECK by MARTIN D. HART her
next friend, in an action of trespass to try the title to the Lands claimed by
the said JOHN C. BATES as guardian
of said ELIZABETH, and that for the purpose of defending said
suit, and protecting the rights and interests of the said ELIZABETH, it became necessary for him the said BATES to employ attorneys to defend
said suit and that he procured the services of ROBT. L. WADDILL, JACOB H. HARBERGER G. A. EVERTS (?) & H. G. HENDRICKS as such Attorneys, and
made an agreement with them in writing, whereby he bound himself as guardian of
said ELIZABETH to convey to them one
fourth of the land that might be recovered in said suit for the said ELIZABETH, or in default thereof to pay
them the value of one fourth of the land so recovered as a compensation for
their services as such Attorneys.
A copy of
which Bond is filed with and made a part of said petition and in which petition
it is further represented that the terms of said agreement were the best that
could be made with responsible and competent attorneys for the defense of said
cause, and that the said suit has been in part decided by the said Court, and
the following described Land decreed to the said ELIZABETH, (to wit):
Fifteen
Hundred and eighty five acres of Land out of the head right survey of HARDIN T. CHENOWORTH declared…
Page 574
… being and lying in the County of Collin on the Waters of
the East Fork of Trinity, beginning at the South East corner of said original
survey, running thence north 40 (º) and 20 (º) West 89 chains and thirty five
links a post in the East Line of said original survey from which a spotted oak
15 inches in diameter marked X bears South 10 (º) East 37 Links and an Elm 6
inches in diameter marked X bears South 67 (º) West 45 Links. Thence West 86
chains a post from which a spotted Oak 14 inches in diameter marked X bears
South 40 Links thence South 89 chains and 35 links to a Honey Locust 8 inches
in diameter marked C. O. in the South Line of said original Survey. Thence east
86 chains to the place of beginning, containing Seven Hundred and Ninety eight
acres of Land. Also, commencing at the North West Corner of said original
survey, Thence East 85 chains a post in the North Line of said Survey from
which an Ash 7 inches in diameter marked X bears North 40 (º) West 30 Links.
Thence South 92 chains and 65 links a post from which an Ash 10 inches in
diameter marked X bears North 89 (º) East 6 chains and a Spotted Oak 13 inches
in diameter marked X bears South 40 (º) West 133 links. Thence West 85 chains a
post in a neck of Prairie, Thence North 92 chains and 65 links to the beginning
containing Seven Hundred and Eighty Seven acres of Land and in which report the
said BATES prays that the said
agreement so made by him may be confirmed by this Court, and that Commissioners
be appointed by this Court to partition said Land and to set off and apportion
to said WADDILL and HARBERGER and to GALLETON SEARCY as the assignee of the said EVARTS and HENDRICKS the
one fourth of said lands and that he the said BATES may be directed and empowered as such Guardian to convey to
said WADDILL, HARBERGER and SEARCY the one fourth part of said
lands upon the filling and…
Page 575
…conformation of the report of said Commissioners and the
Court having examined into the facts set forth in said petition and being satisfied
that said agreement was entered into in good faith and with the view to the
best interest of the said ELIZABETH
and the said WADDILL, HARBERGER and SEARCY are justly entitled to the one
fourth part of the above described
Land,--it is ordered, adjudged and decreed by the Court that the
agreement so as aforesaid made by the said BATES
be confirmed and approved and that the said Lands be partitioned and conveyed
to said ADDELL, HARBERGER and SEARCY, by the said BATES as such guardian and that WILEY DUGGER, ALEXANDER T. ROBINSON and
ALBERT MASSIE of said County be
appointed commissioners to partition the said Lands, and to set off and
apportion to said WADDILL, HARBERGER
and SEARCY the said one fourth part
of the same quantity and quality considered and that they make report of their
doings in the premises at the next Term of this Court.
Issued.
Ordered that Court adjourn until next regular term.
Geo.
H. Pegues,
Chief
Justice of Collin Co.,
State of
County Court,
Be
it known that the County Court of Collin Co. met on Saturday, the 29th
Novr. 1856 in vacation for the transaction of Probate
Business.
Present: George
H. Pegues, Chief Justice
John
L. Lovejoy, Clerk
James
H. Lovejoy Sheff.
Ordered by the Court that HUGH GOTCHER, CORNELIUS BOWIE and JOHN HARRIS be and they are hereby appointed appraisers of the
Estate of JAMES W. YEARRY Decd.
Issued.
Page 576
Ordered by the Court that CALEB HART, SAM P. BROWN and THOMAS
J. AUSTIN be appointed appraisers of the Estate of ROBERT SKAGGS, Dec’d. Issued.
Ordered that Court adjourn until next regular Term.
Geo.
H. Pegues,
Chief
Justice of Collin Co.,
State of
December Term 1856.
Be
it known that the County Court of Collin County met in session on Monday the 29th
day of December A. D. 18567, for the transaction of Probate Business.
Present: George
H. Pegues Chief Justice C. C.
J.
H. Lovejoy Sheff
By
M. R. Parrish, Dept
John
L. Lovejoy, Clerk,
At this day came GALLATIN
SEARCY administrator of SAMUEL
BROWNING deceased and made report of the sale of a certificate of 350 acres
of Land granted to the heirs of said Estate, which sale was made under a
previous order of this Court, and the Court having inquired into the manner of
in which such sale was made and being satisfied that is was fairly made and in
conformity with Law—and the account of said sale being in due form of Law,--
Therefore,
it is ordered and decreed by the Court that the account of said sale be
confirmed and that the same be recorded by the Clerk of said Court and a
conveyance be made to JAMES WARRENBURG
the purchaser of said certificate vesting all the right, and title that said
Decedent had in the purchase.
At this day came MANEN
CLEMENT by petition praying for Letters of Guardianship upon the person and
property of WILLIAM…
Page 577
…CLEMENT, who
resides in the State of
It
appearing to the satisfaction of the Court that notice of the filing of the
petition has been given by the Clerk of said Court,--
Therefore
it is ordered by the Court that MANEN
CLEMENT be and he is hereby appointed guardian of the person and Estate of
said WILLIAM CLEMENT and upon the
said MANEN CLEMENT giving Bond and
approved security as such guardian in the sum of $4000.00, the Letters of
Guardianship be issued to said MANEN
CLEMENT.
Issued.
Ordered by the Court that ELI BAKER be and he is hereby appointed guardian of the person and
Estate of MARTHA HARDEN, minor heir
of JACKSON HARDEN Dec’d. said minor
being over the age of fourteen years, appeared in person before the Court and
made choice of said ELI BAKER as the
guardian of her person and Estate,.
It is further
ordered that the said BAKER give
Bond in the sum of Three Hundred Dollars. Upon his giving said Bond and
approved security that Letters of guardianship issue to him as such guardian.
Ordered by the Court that SAMUEL BOGART, THOS. STALLCUP & PLEASANT WILSON be and they are hereby appointed appraisers of the
property of the Estate of the minor WILLIAM
CLEMENT, heir of WESLEY CLEMENT
decd. Issued.
This day came MANEN
CLEMENT guardian of the person and Estate of WM. CLEMENT, minor heir of WESLEY
CLEMENT deceased, and filed an inventory of all the Estate belonging to
said MANEN, that has come to his
knowledge, which inventory is duly sworn to.
Said
inventory is hereby approved and is ordered to be recorded.
Also
came SAMUEL BOGART, PLEASANT WILSON
and THOMAS STALLCUP appraisers
appointed by the Court to appraise all the Estate of said minor and return to…
Page 578
…court an appraisement of the same duly certified, which
appraisement is hereby approved and ordered to be recorded.
Ordered by the Court that the administrator of the Estate of
JOSEPH SLATER Dec’d., pay over to MRS. BARBARA SLATER, wife of and widow
of the said JOSEPH SLATER dec’d. all
moneys in his hands as such administrator amounting to nineteen dollars and that
his account as said administrator be approved and allowed by the Court.
At this day
came WILLIAM A. PHILIPS by petition
praying for Letters of Guardianship of the person and Estate of JOHN PHILIPS, and it appearing to the satisfaction of the
Court that the Clerk of said Court has given legal notice of the filing of said
petition,
Therefore
it is ordered by the Court that said WM.
A. PHILIPS be appointed guardian of the person and Estate of said JOHN PHILIPS who is unsound in mind and
that said PHILIPS give Bond in the
sum of Three Thousand Dollars and upon the said WM. A. giving Bond that Letters issue to him as such guardian.
Issued.
Ordered by the Court that WILLIAM SHIELDS, HENRY SHEILDS and E. D. McCOY be and they are hereby
appointed appraisers of the property of the Estate of JOHN PHILIPS who is unsound in mind.
At this day came JACOB
ROUTH by petition praying for Letters of Guardianship of the person and
property [of] RACHEL E. MANN minor
heir of STEPHEN G. and ELLEN MANN deceased. And it appearing
to the satisfaction f the Court that the Clerk of said Court has given legal
notice of the filing of said petition,--Therefore it is ordered by the Court
that said JACOB ROUTH be appointed
Guardian of the person and Estate of the said RACHEL E. MANN and that said JACOB
ROUTH give Bond in the sum of…
Page 579
…of Two Thousand Dollars, and upon the said JACOB ROUTH giving Bond, that Letters
to him as such Guardian—
Issued.
Ordered by the Court that WM. BEVERLY, FOUNTAIN J. VANCE and ROBT. CAMELL (CAMPBELL?) be and they are hereby appointed
appraisers of the property of the Estate of the minor heir RACHEL E. MANN, heir of STEPHEN
G. and ELLEN MANN deceased.
At this day came JOHN
M. SALMONS [SAMMONS] by petition praying for Letters of administration of
the Estate of MAZE R. FOSTER
deceased. And it appearing to the satisfaction of the Court that the Clerk of
said Court has given legal notice of the filing of said petition,--Therefore it
is ordered by the Court that JOHN M.
SAMMONS be and he is hereby appointed administrator of the Estate of the
said M. R. FOSTER deceased and that
he give Bond in sum of Two Thousand Dollars, and upon the said JOHN M. SMMONS giving Bond that Letters
issue to him as such administrator.
Issued.
Ordered by the Court that S. E. DONALSON, N. B. WILLESS & ENOCH E. PEGUES be and they are hereby appointed appraisers of the
property of the Estate of MAIZE R.
FOSTER deceased.
Ordered that Court adjourn until Tomorrow Morning 8 o’clock
a. m.
Tuesday
Decr. 30th, 1856.
The County Court of Collin County on Tuesday the 30th
day of Decr. A. D. 1856 pursuant to adjournment.
Present: Hon’l Geor. H. Pegues, Chief
Justice
John
L. Lovejoy, Clerk Co. Court
Jas.
H. Lovejoy, Sheff By
his
deputy M. R. Parish
At this day came W.
YEARRY and files (6) Six Vouchers in the Estate of JOHN YEARY Decd.
At this day came the petition of H. JAMISON Atty. for ABRAHAM
PRICE Admr. of the Estate of CYNTHIA
A. COOPER deceased for the partition and distribution of the Estate of ALEX COOPER Decd. which petition is
laid over to the next term of the Court for want of ser-…
Page 580
…vice on the administrator of the Estate of said ALEX COOPER Dec’d and for want also of
service upon MRS. NAUGLE late widow
[of] said ALEX COOPER dec’d.
At this day came
WILLIAM B. KENDALL by petition praying that Letters of Guardianship of the
person and Estate of MARTIN P., RACHEL,
MARTHA ANN and GEORGE KENDAL
minor heirs of …KENDALL Decd. and it
appearing to the satisfaction of the Court that the Clerk of the County Court
of said County, Therefore it is ordered by the Court that said WILLIAM B. KENDEL be and is hereby
appointed guardian of the person and Estate of said minors, and upon the said WM. B. KENDAL giving Bond and approved
security in the sum of …Dollars that Letters issue to him as such guardian.
Ordered by the Court that … and….be appointed appraisers of
the Estate of the minor heirs of …Dec’d.
In the matter of LUCY
W. COMER, alias LUCY W. ELSTON
for petition and distribution of the Estate of ABSOLUM G. COMAR.
It
is ordered by the Court that the application of LUCY W. COMAR be continued for want of service on WILLIAM C. McKINNEY, Administrator of
said Estate.
At this day came WALTER
YEARY Executor of the Estate of ELIZABETH
HENRICKS Dec’d and returned to the Court an inventory and appraisement of
the Effects of said Decedent which has been examined by the Court and is hereby
approved and ordered to be recorded by the clerk.
Ordered by
the Court that WALTER YEARY Executor
of the Estate of ELIZABETH HENDRICKS dec’d.
after giving Lawful notice, proceed to rent to the highest bidder, the farm
belonging to said Estate. Said Farm to be rented at the late residence of JOHN YEARY deceased on the 15th
day of January A. D. 18l57 for cash in hand.
Page 581
Ordered that Court adjourn (sic) until Tomorrow Morning 8
o’clock a. m.
Wednesday
31st day Decr. 1856.
Present: Geo.
H. Pegues, Chief Justice.
John
L. Lovejoy, Clerk.
Jas.
H. Lovejoy, Sheff.
By
M. R. Parish, Depty
In the matter of the Estate of EDWARD BRADLEY, Decd.,
In
conformity with Article No. 1154, Hartley’s Digest it is ordered by the Court
that there be set apart for the use and benefit of NANCY BRADLEY, widow of EDWARD
BRADLEY Decd. all such property as is exempted from execution and forced
sale by the Constitution or Laws of this State, (to wit): 180 acres of Land the
Headright of EDWARD
BRADLEY, including Homestead & improvements, Kitchen Furniture, not to
exceed in value two Hundred Dollars, all implements of Husbandry to not exceed
in value fifty Dollars, all tools, apparatus and Books belonging to the trade
or profession of said widow; five milch cows, one
yoke of oxen, or one horse & twenty hogs.
At this day came WILEY
DUGGER, A. T. ROBERTSON and J. A. MASSIE Commissioners appointed to
make partition and distribution of the Estate of ELIZABETH CHENOWORTH, minor heir of HARDIN T. CHENOWORTH, between the said minor ELIZABETH CHENOWORTH and J. H. HARBERGER, ROBT. L. WADDILL &
The
Court having examined said report carefully and it being in due form of Law,
and it appearing to the satisfaction of the Court that said partition has been
fairly made according to Law, and no valid exception having been made to said
report,
Therefore,
it is ordered by the court that said report be and the same is hereby approved
and ordered to be recorded
Page 582
In the case of partition and distribution of the Estate of B. C. STROTHER Decd. between the heirs
thereof.
At this day
came GEORGE WHITE and JOHN FITZHUGH a majority of the
Commissioners appointed by this Court at the last term to make partition and
distribution of the Landed Estate of said B.
C. STROTHER decd. between the heirs and distributes thereof and made report
of the division made by them to the Court in writing, subscribed and sworn to
by them. And the Court having examined said report carefully, and it being in
due form of Law, and it further appearing after due inquiry, to the
satisfaction of the Court, that said partition has been fairly made according
to Law, and no valued exceptions having been made to said report,--
Therefore
it is ordered by the Court that said report be approved and that the same be
recorded.
In the Estate of
ROBERT SKAGGS Dec’d.
This
day came A. T. ROBERTSON Admr. of
the Estate of ROBT. SKAGGS dec’d., and
files an inventory made and attached to an appraisement of all property and
effects of said Estate, which inventory contains a full list of all claims
belonging to said estate (?). Said inventory and appraisement of property being
sworn to and subscribed by said ROBERTSON
and the appraisers, and same appearing in due form of Law,--
Therefore,
it is ordered by the Court, that the same be approved and filed and recorded by
the Clerk.
It is
ordered by the Court that……, widow & the minor heirs of ROBT. SKAGGS be allowed the sum of One
Hundred and Seventy Five Dollars for the support and maintenance of said widow
and minors for the Term of one year which allowance may be paid either in money
out of the first funds of the Estate that may come into the hand of the
Administrator of said Estate, or in such personal effects of the deceased as
such widow or guardian…
Page 583
…may choose to take at the appraisement or a part thereof in
each as they may select.
In the case of the Estate of JONATHAN PHILLIPS dec’d. This day came GEO. WHITE, administrator of said Estate, files an inventory &
appraisement Bill of the property of Decedent. Said inventory and appraisement
having been sworn to and subscribed according to Law, and having been duly
examined by the Court, they are hereby approved and ordered to be filed and
recorded by the Clerk.
Ordered by the Court that J. H. HARBERGER, Admr.
De Bonis Non of the Estate of JOHN McGARRAH dec’d be allowed the sum
of Twenty Dollars, which allowance is made for Attorney’s fees due EVARTS & HENDRICKS Atty’s at Law, for professional services in the …RHODA ANN CLASS (?) vs. J.
H. HABOR (?) admr. as aforesaid & GEO. McGARRAH.
In the case of J. H.
HARBERGER, Admr. De Bonis Non of the Estate of JNO. McGARRAH
dec. for final settlement of said Est.
This
day came J. H. HARBERGER Admr. as
aforesaid and presented his account to the Court verified by affidavit for
final settlement of said Estate. And it appearing to the satisfaction of the
Court that at least twenty days notice has been given by the Clerk of said Court
by posting up notices as required by Law of said application, and the Court
having examined said account and there being no exceptions thereto and the
Court being satisfied of the correctness of the same,--
Therefore,
it is ordered that said administrator be discharged from his Trust and he is
hereby discharged, he having expending all moneys coming into his hands as such
Administrator in the payment of said accounts final.
Page 584
The State of
M.
W. Keen, Clerk.
County
Court,
C.
J. Moore, Deputy Co. Clk.
Page 585
The
county Court of Collin County met in vacation Monday 19th day of
January 1857 for the transaction of Probate Business.
Present. Geo. H. Pegues, Chief J.
John
L. Lovejoy, Clerk.
The following proceedings were had.
The
To
all to whom these present may come Greeting.
Know
Ye that SIEVER (?) H. WILSON has
this day been appointed Administrator Protem of the
Estate of JAMES S. EARLY Deceased
and the said SIEVER (?) H. WILSON
having given bond and approved security for the faithful performance of his
duties as such. There (?) are therefore to authorize the said SEVIER (SIMONE?) H. WILSON to enter
into and take possession of all the estate of said deceased both real and
personal and institute all suits necessary for the recovery of or protection of
said property make a true and correct Inventory of all the effects. That shall
come to his hands and make a full showing (?) of his acts and doings in the
premises (?) at the February Term of this court at which time regular Letters
will issue on said Setae.
Given
under my hand and seal of the County Court of said County Court of ;said County
(sic) this January 19th A. D. 1857.
Attest: Geo.
H. Pegues
John L.
Lovejoy clk. Chief
Justice
C. C. C. C.
Tex; Collin
Co.
I certify
that the original of the foregoing Letters Protem was
filed for Record on the
19th Jany. 1857. John
L. Lovejoy, Clk.
Attest C.
C. C. C. Tex.
Ordered that court ajourn (sic)
until next regular Term.
Geor. H. Pegues
Chief
Justice of
Collin
Co.,
Be
it known that the County Court of Collin County, Texas met on Monday 26th
day of January 1857 for the purpose of transacting of Probate Business.
Present:
Page 586
M.
R. Parrish, Deputy Sheriff
Buford
Henry, Deputy Clerk
The following proceedings were had:
This day
came WILLIAM B. KENDAL by petition
praying for Letters of Guardianship upon the person and Estate of MARTIN P., RACHEL, MARTHA ANN and GEORGE KENDEL all under the age of 21
years residing in Collin County and State of Teas and without any lawful
Guardian in this State, heirs of EPHRAIM
B. KINDEL deceased in the State of Tennessee and it appearing to the court
that the statements of said petition are true & that notice of the filing
of the petition has been given by the Clerk of said County as required by law.
Therefore it is ordered by the Court that WILLIAM
B. KENDEL be and he is hereby appointed Guardian of the persons and Estates
of said MARTIN P., RACHEL, MARTHA ANN
and GEORGE KENDEL and said WILLIAM B. KENDEL having given bond and
approved security as such Guardian in the sum of $7000.00 It is ordered that
Letters of Guardianship be issued to said WILLIAM
B. KENDEL. Issued.
At this day came MARGARET
PHILLIPS by petition praying for Letters of Administration on the Estate of
GEORGE PHILLIPS deceased intestate
and it appearing to the satisfaction of the Court that the Clerk of said Court had given legal
notice of the filing said Petition therefore it is ordered by the court that
the said MARGARET PHILLIPS be and she is hereby appointed administratrix
of the Estate of GEORGE PHILLPS
Deceased the said MARGARET PHILLIPS
giving bond in the sum [of] Eight Thousand Dollars said bond being approved by
the Court Letters issued to the said MARGARET
PHILIPS as administratrix, issued.
Ordered by the Court that SQUARE SEVEIS, GRAFTON WILLIAMS & SAMUEL JENKINS be and they are hereby appointed appraisers of the Estate
of GEORGE PHILLIPS deceased.
This day came ELI
BAKER by petition praying for letters of Guardianship upon the person and
estate of MARGARET ANN, MARY ANN, EMILY
(?) ANN and SABRINA (?) HARDERS
(HARDIN?) minor heirs of the Estate
(?) …
Page 587
…of JACKSON HARDIN
deceased. It appearing to the Court that the Clerk of said Court have given
notice of said Petition Therefore it is ordered that the said ELI BAKER be and he is hereby appointed
the Guardian of the persons and Estates of the said MARGAET ANN, MARY ANN, EMILY ANN and LUCINA HARDIN and that Letters
of Guardianship issued to the said BAKER
he having given bond in the sum of Three hundred and fifty dollars with
approved security. Issued.
This day came CHARLOTTE
COLLINS by petition praying for Letters of Guardianship upon the persons
and Estate of the Minors MILAM ALEXANDER
RICHARD EMILY and NEWTON (?) COLLINS heirs of the estate of JOHN H. COLLINS deceased and it
appearing to the satisfaction of the court that the Clerk of said Court had
given due notice of said a Petition—Wherefore it is ordered that the said CHARLOTTE COLLIERS be and she is hereby
appointed the Guardian of said minors she having given bond in the sum of Six
hundred dollars and that Letters of Guardianship be issued. Issued.
In the matter of the application of LUCY W. ELATON Petition of the Real Estate of ABSOLUM G. COMER. In this matter it is ordered that the hearing
of the application be continued until the next term of this Court and that an Allias (sic) Citation be issued to WM. C. McKINNEY admr. of said Estate.
Ordered by the court JOHN
M. SALMONE administrator of the Estate of MARGE R. FOSTER Deceased set apart of said Estate the sum of Fifty
dollars for the support of each of the following heirs of said Estate: MARY FOSTER, MALCUM FOSTER and JAMES FOSTER minor heirs of said FOSTER Deceased.
This day came WILLIAM
PERRIN and ANN E. JACKSON Admr.
and Administratrix of the Estate of THOMAS
PHILLIPS deceased by petition representing that said Estate is entitled to
a distribution (of) Shares of the Estate of JOHNATHAN and RECECCA
PHILLIPS dec’d late of Collin County, Texas and that MARGARET J. PHILLIPS Relict of the said JONATHAN is entitled to one third of his personal Estate and to a
life time interest in one third of his Real Estate ______the said MARGARET offers… in….therefore in
her…right one ninth of the Estate Real and…
Page 588
…personal of the Estate of the said JONATHAN and REBECCA. It
is therefore decreed and ordered by the court that the said administrator and
administratrix be and they are hereby authorized to enter into said contract
with said MARGARET in accordance
with her said offer for the purpose of disencumbering the Estate of the said JONATHAN and REBECCA of the lifetime interest of the said MARGARET is ordered that the same may be wholly divided between the
heirs thereof.
This day came MARGARET
PHILLIPS Administratrix of the Estate of GEO. PHILLIPS dec’d late of said County and State by Petition
whereby the said MARGARET represents
that the said Estate is entitled to distributive Share of the Estate of JOHNATHAN and REBECCA PHILLIPS dec’d both late of said County and that MARGARET J. PHILLIPS widow of the said JONATHAN is by law entitle to one third
of his present estate in her own right and a lifetime interest in one third of
the lands of his the JONATHAN’S
Estate. Now ____(unreadable) said MARGARET
offers in lieu thereof to take in her own right one ninth of the Real and
personal Estate of the said JONATHAN and
___________PHILLIPS his first wife
and it appearing to the satisfaction of the Court that such a contract would be
to the interest of the Estate of the said GEORGE
Dec’d It is therefore ordered and
decreed by the Court that the said MARGARET
be and she is hereby authorized to enter into an agreement or contract with the
said MARGARET JANE for the purpose
of purchasing her interest in the estate of the said JONATHAN as herein before proposed.
This day came WILLIAM
PHILLIPS Guardian of the person and Estate of JOHN PHILLIPS by petition whereby he represents to the Court that
the said JOHN PHILLIPS is entitled
to a distributive share of in his own right of the Estate of JONATHAN PHILLIPS dec’d late of said
County and that MARGARET JANE PHILLIPS
widow of the said JONATHAN PHILLIPS
is entitled to a lifetime interest in one third of the lands of said Estate and
to one third of the personal property of said Estate and that the said MARGARET JANE offers to take in her own
Right one ninth, a child’s portion (there being eight children or their heirs)
of the Estate Real and personal…
Page 589
…of the said JONATHAN
PHILLLIPS dec’d and his first wife REBECCA
now dec’d. It appearing to the satisfaction of the Court that such a contract
would be to the interest of the said JOHN
PHILLIPS in said Estate of JOHNATHN
PHILLIPS dec’d. Therefore it is ordered and decreed that the said WILLIAM PHILLIPS guardian of the said JOHN be and he is hereby authorized to
enter into an agreement with the said MARGARET
JANE and give bond in accordance with article 1559 & 1567 of Hart
Digest for the purpose of disencumbering said Estate of said lifetime interest
and to effect the final and complete division of said estate.
This day came JACOB
H. HARBERGER by Petition praying for letters of administratorship
upon the property and Estate of THOMAS
D. HILL deceased and it appearing to the satisfaction of the Court that the
Clerk of said County had given ample notice according to law of the filing said
Petition therefore ordered by the Court that the said JACOB H. HARBERGER be and he is hereby appointed administrator of
the Estate and property of the said THOS.
D. HILL and that Letters of Administratorship be
issued to the said HARBERGER upon
his giving bond and approved security in the sum of Seven hundred dollars. Issued.
Ordered by the Court that the final settlement of the Estate
of SOLOMON HUFSTULLER be deferred to
the June Term A. D. 1857 the second day thereof.
Ordered that the administrator A. T. ROBERTSON of the Estate of ROBT. SKAGGS Deceased sell the personal property belonging to said
Estate on the 12th day of February 1857 on a credit of Twelve Months
taking good and approved security for the same.
As directed by Article 1154 Hartley’s Digest. I, GEO. H. PEGUES Chief Justice of Collin
Co. Texas do hereby set apart for the use and benefit of the widow and minor
children of ROBERT SKAGGS dec’d all
property exempt from execution or forced sale by the constitution or Laws of
this State to wit: Two hundred acres of land, including of his homestead
Household and Kitchen not to exceed Two hundred dollars in valuation.
Implements of Husbandry not to exceed Fifty dollars all tools app________ and
Books belonging to her trade or profession…
Page 590
…Five milk cows, one Yoke of Oxen or Horses &
Twenty______.
Ordered that the court adjourn until the net Regular Term in
Court.
Geo.
H. Pegues
Chief
Justice of
Collin
Co.,
State of Texas County Court
Collin Co.
Be it known
that the County Court of Collin County met on Monday the 23rd day of
February 1857 for the transaction of Probate business.
Present: Geo. H. Pegues, Chief
Justice
John
L. Lovejoy, Clerk
James
H. Lovejoy, Sheriff
By Deputy
At which term the following proceedings were had:
In the case of the application
of LUCY W. ELSTON for distribution
of Property belonging to the Estate
of H. G. COMAR
Dec’d
Ordered by the Court that M. R. PARISH, JOHN HENRY (?) and GEO. Y. McKINNEY be and they are hereby appointed commissioners
whose duty it shall be to proceed to make Partition and distribution between LUCY W. ELSTON formerly LUCY W. COMAR and the Heirs of ABSOLUM G. COMAR Dec’d to wit: WILEY,
THOMAS, WILLIAM, HENRY and SUSAN F.
R. COMAR the said partition and distribution to equal that is to say one
half of the tract of land to be given to LUCY
W. ELSTON and the other half to the above described Heirs taking into
consideration the quantity, value and quality of the Land, said Land described
as follows: in Collin County being a part of the MARK R. ROBERTS Survey conveyed to said ROBERTS by Pattent (sic) No. 281 Vol. 3
commencing on the North West corner of a Survey of 344 acres taken out of the
Survey of the said MARK R. ROBERTS
for JOHN RUNNALDS (?) a chignipin oak on the west bank of Sister Grove Creek…Thence
North 958 varas a corner of a piece of land deeded by
said ROBERTS to NAPOLEAN ROBERTS…Thence East with ____ South line 1444 varas
to a Stake in the East line of said ROBERTS Headright
Survey. Thence South…
Page 591
…with said line 948 varas the
North East Corner of said RUNNOLDS
Survey. Thence West with said JOHN
RUNNOLDS North line 1444 varas to the place of
Beginning containing Two hundred and forty five acres of land. It is further
ordered by the court that a writ of Partition be issued by the clerk commanding
said Commissioners to proceed fourth with to make such partition and
distribution in accordance with the above decree a copy of which shall
accompany such with and that said commissioners make return of said writ with
their proceedings under it to the next term of this Court.
At this day came WM.
B. WEAR and presented his petition praying to be appointed Guardian of the
person and property of NANCY B. PITMAN
a minor Heir under the age of 14 years of MICHEL
B. and NANCY PITMAN, Dec’d. and
the court being satisfied that legal notice of the filing of said petition has
bee given. Therefore it is ordered that WM.
B. WEAR be appointed Guardian of the person and estate of the said Minor
and that he give bond and Security in the sum of Eight Hundred Dollars and upon
his giving bond that letters issue to him. Issued.
Ordered that WM.
SCOTT, JOSEPH LACKY and ROBERT KING
of
At this day came JOHN
M. SOLMON (SALMONS) Administrator of the Estate of MASE R. FOSTER, Decd.
And filed his inventory and appraisement of the Property of said deceased which
has been duly examined by the Court and is hereby approved.
Ordered that WM. C.
McKINNEY, administrator of the Estate of ABSOLUM G. COMAR, Dec’d. be cited to appear at the next term of
this court and make report in accordance with Section No. 119 Hartley Digest,
this order made upon the motion of JAMES
S. ROBINSON (and) ABBY ALLEN ELSTON.
JOHN C. EASTON
Vs. Petition on bonds
for Title
JOHN L. LOVEJOY JR. Admr. of
EDWARD BRADLEY Dec.
This
day this cause came to be heard and it appearing to the court satisfaction…
Page 592
…the 29th day of June 1850 EDWARD BRADLEY made, executed and delivered to A. J. MAY no bond for three acres of land and on the 8th
day of January 1851 said BRADLEY
also executed to A. M. MOORE a certain other bond for three acres of land,
adjoining the first named tract, a part of his said BRADLEY’S Headright and it appearing that said EASTON was the legal owner, assignee and holder of both of said
bonds and witness (?) to a deed thereof.
It is therefore ordered, adjourned and decreed by the Court
that JOHN L. LOVEJOY, JUNIOR the
administrator of said EDWARD BRADLEY
deceased do make unto said JOHN C.
EASTON a deed in fee simple for said
two tracts of Six acres of land set forth in said Bond and described in the
field notes in this cause and that all the title which the said BRADLEY or his heirs have or hold in
and to the said Six acres of land be forever divested out of said heirs and
vested in the said JOHN C. EASTON,
his heirs and assignees forever.
On motion of THOS. J.
McDONALD it is ordered that GEOR. McGARRAH, administrator of the
Estate of JOHN MASSING (?) Dec’d be
cited to appear at the net term of this court to make report as required by
section 119 Hartley’s Digest.
Ordered that
The above order made on motion of JOHN L. LOVEJOY, JR.
It is ordered by the Court the appraisers of the Estate of JAMES W. YEARY Dec’d have until the
next term of this court to make a Report.
Ordered that Court adjourn until next Regular term.
Geo.
H. Pegues
Chief
Justice
of
Collin Co.
Page 593
State of
It
being made Known to Me Geo. H. Pegues
Chief Justice of the County aforesaid that POLLY
COOKSEY a minor is without any property or guardian and having no parents
living and JOHN COOK a citizen of
the County and State aforesaid being willing to undertake the support and education
of said minor,
It is therefore ordered that said POLLY COOKSEY be bound unto the said JOHN COOK until she shall arrive at the age of Twenty one years or
marry and that he gives bond and Security for the faithful performance of said
trust as the Statute requires.
Geo.
H. Pegues
Chief
Justice of
Collin
Co.,
State of
Be
it known that the County Court of Collin County met on Monday the 30th
day of March 1857 for the transaction of Probate business.
Present George H. Pegues Chief Justice
Buford
Henry Depty. Clerk
J.
Dud Doak Depty. Sheriff
At which term the following business was had:
At this day came FIELDON
TWEEDLE and MOSES JONES and
files their application for the Probate of the last will and testament of WILLIAM G. HAYWOOD deceased which will
was proven up in accordance to the law in such cases made and provided by oath
of THOMAS COALMAN (COALSON), HENRY COALMAN
(COLMAN on 1860 census) the subscribing
witness to the Execution of said will by the said WILLIAM G. HAYWOOD and it appearing to the satisfaction of the
Court that due notice of the filing of said will had been given according to
law, It is therefore ordered by the Court that FIELDON TWEEDLE and MOSES
JONES be and they are hereby appointed Executors of the Estate of the said WILLIAM G. HAYWOOD and it is further
ordered that Will be Recorded and that letters of executorship
be issued to said FIELDEN TWEEDLE and MOSES
JONES…
Page 594
…after the said FIELDEN
TWEEDLE and MOSES JONES given
bond and approved security in the sum of Eight thousand dollars.
Whereas it appearing from the will of the said WILLIAM G. HAYWOOD that the Executors
under said will have the Right to select appraisers of said Estate they
therefore nominate WILLIAM P HONAKER, J. W. DANIEL & CORNELIUS BRICE (?). It is therefore
ordered by the Court that the said WILLIAM
HONAKER, J. W. DANIEL and CORNELIUS
BRICE be and they are hereby appointed the appraisers of said Estate of WILLIAM G. HAYWOOD Deceased.
Ordered by the Court that the (sic) in the case of FIELDEN TWEEDLE and MOSES
JONES to take out letters of administration on the Estate of SERVIS W. HAYWOOD be continued until
the next term of this court.
Whereas application having been filed by HOLDEN WALTERS and ISSAC N. WALTERS two of the heirs of JEREMIAH (??) WALTERS deceased by petition for the partition of a
certain tract of parcel of land described in said petition and whereas it
appearing to the satisfaction of the Court that ELIZA WALTERS a Minor and once of the heirs of said Estate had been
legally brought before the Court is therefore ordered that M. R. PARIS be appointed by the Court Guardian
Ad Litem to represent the interest
of the said ELIZA WALTERS in the
distribution of said Land.
It is further ordered and decreed by the court that said
land be partitioned among said heirs and that M. R. PARRISH, ISAAC WALTER and M. D. L. BARNETT be appointed commissioners to divide said land in
such manner that each heir shall have their proportional part of said land in
quantity and quality sharing and to share alike and to report as early as
possible.
Ordered by the Court that Seventy five dollars out of the
Estate of GEORGE PHILLIPS deceased
be and is herby set apart and allowed to MARGARET
PHILLIPS wife of said decedent for her the said MARGARET’S support for the term of Twelve Months and Fifty dollars
to the minor heirs of said decedent to wit: to SARAH (?) P. PHILLIPS fifty dollars, to
Page 595
,,,dollars to JULIAN
PHILLPS for their support for the term of Twelve months.
Orders by the Court that THOS. KENDALL Guardian of the minor Heirs of THOMSON HELMS Deceased be and he is hereby allowed the sum of one
hundred and fifty dollars to be taken out of the Estate of said decedent for
the support of said minor children Eight in number for the time of about
nineteen months up to the present date.
Ordered by the court that M. R. PARRISH, C. M. FOX and JAMES
W. PARSON be and they are appointed appraisers of the Estate of THOMAS D. HILL deceased.
This day comes JOHN
M. SALMONS Administrator of the Estate of MAIZE R. FOSTER deceased by his petition whereas it appearing to
the satisfaction of the Court that is necessary to make sale of the personal
property of the Estate of said decedent It is ordered therefore that the said JOHN M. SALMONS Administrator of said
Estate proceed to sell all the personal property of said MAIZE R. FOSTER on the 20th day of April A. D. 1857 on a
credit of Twelve months credit on all sums over Five dollars except so much of
said Estate as may be necessary to be sold for cash in hand for the support of
the minor Heirs of said Estate said Sale to be made at the residence of the
said JOHN M. SALMONS.
At this day comes MARY
ANN MURRY by ALEX BERRY her
attorney and presents in accordance with her petition heretofore filed the Last
Will and Testament of REESE P. MURRY
deceased for probate and this court being satisfied that lawful notice of this
application have been put up and published as required by law said will is
admitted to probate on the written affidavit of WM. B. BEUGE (BENGE?) one of the subscribing witnesses thereto
which with said will is filed and ordered to be recorded and it is further
ordered by the court that Letters Testamentary issue from this court to the
persons named in said will upon their appearing before the Chief Justice or
Clerk in T____ terms or vacation and taking the oath of office within the time
prescribed by law.
Page 596
At this day comes TALTON
CUMMINS in his own name as one of the Executors of the Estate of THOMAS M. ROWLAND deceased and on the
behalf of his co executor WM. B. WARE
and made report of the claims which have been presented against said Estate
within 12 months and further represented to the Court that there is ample
personal property of said Estate to pay all claims or expenses which can
possible be presented hereafter or accrue during the course of this
administration and that by the terms of the Testators and said Executors are requested
to set apart to the children of deceased as they come by (?) their respective
shares of the lands of deceased other than the Homestead and said Executor
praying the Court in this behalf that the said Court appoint commissioners to
partition said land of the deceased all of which appearing to the satisfaction
of the Court. Wherefore it is ordered by the Court that THOMAS STALCUP, JEREMIAH H.
(?) WiILSON and GEORGE WHITE be
and they hereby appointed to parathion said land of the decedent other than the
Homestead as specified in the last will and Testament of said THOS M. ROWLAND deceased with strict
regard to quality and quantity of said land and make report to this Court at
its June Term next.
Whereas it appearing that there has not at any term of this
Court been any order made setting apart the
Ordered by the Court that a copy of two preceding orders and
also of the last will and testament of THOS.
M. ROWLAND deceased be presented to said Commissioners.
Page 597
Ordered that court adjourn until the next regular Term.
Geo.
H. Pegues
Chief
Justice
Collin
Co.
State of
The
Count Court of Collin Count met on Monday the 27th 1857 for the
transaction of Probate business.
Present and
acting Chief Justice
George
H. Pegues
John
L. Lovejoy, Clerk
M.
R. Parish Depty Sheff.
The following proceedings were had.
On this day came MOSES
JONES and FIELDEN TWEEDLE
Executors of the last will and Testament of WM. G. HAYWOOD Decd. and files for the examination of the Court an
appraise Bill of the Property belonging to said Estate which has been examined
by the Court and approved.
Ordered by the Court that MOSES JONES and FIELDEN
TWEEDLE Executors of the Estate of WM. G. HAYWOOD Decd. proceed to sell the
property belonging to said Estate as directed in said will.
At this day came NANCY
A. COLEMAN late Widow of SAMUEL P.
COLEMAN Decd. by Petition praying for Letters of Administration upon the
Estate of said Decd. It appearing to the satisfaction of the Court that legal
notice has been given of the filing of said Petition or application letter of
administration, Wherefore it is ordered by the Court that said NANCY A. COLEMAN be and she is hereby
appointed Administratrix of said Estate and that she give bond and approved
security in the sum of thirty five hundred dollars for the faithful performance
of her duties as such and that upon giving Bond the it being approved that
letters issue to said NANCY A. COLEMAN
which have been issued.
Issued.
Ordered by the Court that MALICHI COX SHARON (?)…
Page 598
…ROWLAND and JACK
BORTON (?) be and they are hereby appointed appraisers of the Estate of SAMUL P. COLEMAN, Decd.
Ordered by the Court that Executors of the Estate of WM. G. HAYWOOD Decd. proceed to hire
out two certain Negro Men belonging to said Estate at Public Auction 1st
to the highest bidder on the 7th day of May 1857 giving first two
days notice of the time and place of hiring the same said Slaves to be hired
until the expiration of the present year.
Ordered by the court that the application of F. TWEEDLE & MOSES JONES for letters of Administration representing the Estate LEWIS W. HAYWOOD be continued until the
next term of this court.
At this day came M. R. PARISH, JOHN
HENRY and G. Y. McKINNEY commissioners appointed at the
last term of this court to make Partition and Distribution of the Estate of A. G. COMAR Dec. between LUCY ELATON and the children of said
Dec’d. and made report of their Report in writing which has been examined by
the Court and approved and ordered to be recorded.
At this day came WM.
C. McKINNEY Administrator of the Estate of A. G. COMAR Decd. and filed his final account as such and praying
to be dismissed from his trust as such and the court having examined said account
and finding the same just, true and correct their being in his hands no
remaining estate, Therefore it is ordered by the court that the said WM. C. McKINNEY be dismissed from his
Trust as such administrator.
Ordered by the court that the application of W. B WEAR for sale [of] certain land
belonging to his ward NANCY B. PITTMAN,
be received and citation ordered & cause be continued.
Ordered that court that it be adjourned until 8 o’clock A.
M. tomorrow Morning…
Page 599
State of
The
County Court of Collin County met March the 28th 1857 for the
transaction of Probate business.
Present George H.
Pegues C. J.
John
L. Lovejoy Clerk
M.
R. Parish Deputy
At this day came THOS.
M. SCOTT Administrator of the Estate of WM. M. SHIRLEY Decd. and made his yearly exhibit in accordance with
article No. 1191 Hartley’s Digest which exhibit has been examined and approved
by the Court.
WM. H. DICKSON Admr. of
ROBT. BENEFILED Decd.
vs.
J. H. HARBERGER Admr.
of THOS. D. HILL
Decd. This day this cause came on to be
heard and it appearing to the Court that the note filed in this cause was given
to secure the payment of the purchase money of the tract of land mentioned in
the deed or Mortgage therewith also filed and the said note having been allowed
by said HARBERGER as the
Administrator of said HILL and
approved by the Chief Justice of Collin County and that on said land there
exists a line for the payment thereof.
It is therefore ordered adjudged and decreed by the Court
that all the interest which said HILL
had in and to the tract of land __fourth and described in the Mortgage be sold
for the payment of said HILL liability on said note for Cash after the same has
been advertised as the law directs and that at said sale all the rights to said
land which is described as follow: the North West South East & South west quarters
of Section No. (10) ten township (3) three North 1st Base line in Range
(1) one East 1st Meridian in Collin County be directed out of said HILL and his heirs and vest in the purchasers
or purchasers thereof and that the Estate of said HILL pay all cost &c and that this order be directed to the
Sheriff of Collin County as his authority sell said land.
Page 600
WM. M SHIRLEY Estate
Ordered by the court that the administrator of the Estate of
WM. M. SHIRLEY pay all the preferance (?)
claims against said Estate that have been properly authenticated.
Ordered by the Court that J. B. WILMETH Guardian of the Person and estate of JAMES WILLIAM YOUNG, minor heir of FAUSTER F. YOUNG, Dec. be and he is
hereby authorized to bind out said minor Heir until he becomes to the age of
(21) twenty one years it appearing to the court that said minor has not Estate
sufficient for his support and education and the said Guardian is hereby
ordered to bind the person to whom said minor id bound to educate and support
said minor. The said Guardian to take Bond and good security in the same sum of
One Thousand Dollars for the faithful performance of the conditions of said
Bond.
Estate
of GEO. PHILLIPS
In accordance with article No. 1154 Hartley Digest it is
ordered by the Court that so much as two hundred acres of land including the homestead
and improvements not exceeding in value two thousand dollars all Househole
(sic) and Kitchen furniture not to exceed in value two hundred dollars all
implements of Husbandry not to exceed fifty dollars in value all Broken (?),
tools, apertures belonging to the trade of said citizen, five Milch cows, one yoke of oxen or one horse and twenty hogs
be set apart for the use and benefit of the widow and children of GEORGE PHILLIPS Dec’d.
Ordered by the court that MARGARET PHILLIPS Administratrix of the Estate of GEORGE PHILLIPS Deced.
proceed to sell at Public out-cry on Tuesday the 12th day of May
1857 after giving ten days notice of the time and place, the place of sale
shall be the residence of the late Dec. All the perishable property belonging
to said Estate on a credit of twelve months except property exempt from forced
execution & sale.
Page 601
Guardianship
H. BLACKWELL.
At this day came J.
B. WILMETH, Guardian of the Person and Estate of SARAH E. and NANCY ANN BLACKWELL, minors of H. BLACKWELL Decd. and made his yearly
exhibit which has been examined by the court and approved which exhibit shows a
ballance (sic) in the hands of said Guardian of
$390.46 ¾, Three hundred and ninety dollars & 46/100 cents.
Ordered by the Court that J. W. DOSS, THOS. RAGSDALE & K. C. HENSLEY be appointed appraisers whose duty it shall be to
appraise all the property belonging to the Estate of REASE P. MURRY Decd. lying
in the
Ordered by the Court that WM COFFEE, F. RICHARDS and J.
D. FRAZOR be appointed appraisers of the Estate of R. P. MUNCY Decd. lying in Grayson County, Texas.
Ordered by the court that GEORGE HENEDON E. WHITLY and ALFRED
CHANDLER be appointed appraisers of the Estate of R. P. MURRY Decd. in
Ordered that Court ajourn (sic)
until next regular term.
Geo.
H. Pegues
Chief
Justice C. C.