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Probate Minutes - 1857-1868 - Volume C-2
Collin
Page 2 (no page 1)
State of
Be it Known that the
County Court of Collin County for Probate business meet on Monday the 25th
day of May 1857.
Present and acting George H.
Pegues Chief Justice
John S. Lovejoy, off. (?) Clerk P. (?) C.
James
H. Lovejoy, Sheriff
The following
findings (proceedings?) were had:
At this day came FIELDEN TWEEDLE and MOSES JONES, Executors of the Estate of
WM. G. HAYWOOD, Deced. and filed with the Court a
sale Bill of Property belonging to said Estate Sold under Will of said
Decendant. ___Bill of H___ of certain Negro Property therein named having been
lawfully examined by the court is hereby approved.
The court having
inquired into the manner in which sale of a certain Negro woman and children
belong to the estate of WM. G. HAYWOOD, Decd. was made an account of which has this day been filed, by the
Executors of said Estate, and being satisfied that said sale was fairly made,
and in conformity with Law, Therefore it is confirmed, and the account thereof
Recorded by said Estate make to purchaser of said slaves a conveyance vesting
in the said purchaser all the Rights and title that the testator had, in or to
said property.
At the day came W. YEARY, Executor of the Estate of ELIZABETH YEARY, Decd. and filed __
Bill of certain property therein named, also Bill of R___t which have been
carefully examined by the Court and is hereby approved.
Ordered by the Court
that the executors of the last Will and testament of WM. G. HAYWOOD Decd. carry into execution (?) that part of said
Will relating to the execution (?) of Bois de Arc Poling around his greens (?)
and that of his Brother LEWIS W. HAYWOOD.
Page 3
At this day came
before the court PHILLIP C. CRUME,
Minor, Heir of PHILLIP W. and CHRISTIAN CRUME, Decd. late of county,
State of Kentucky which said Heir has attained to the age of 14 years and makes
change of JAMES C. FOREMAN as the
future (?) Guardian of his person and Estate and the Court being satisfied that
said FORMAN is suitable and
competent. Therefore said FOREMAN is
accordingly appointed and it is further Ordered that said Forman give bond in
the Sum of Ninety Thousand Dollars. And upon giving said Bond letters shall
issue to Him as such Guardian.
Issued
At this day came JOHN M. HUFFMAN by Petition praying the
Court to appoint Him Guardian of the Persona and Estate of JAMES (JONAS?) HUFFMAN,
Minor Heir of JOSEPH HUFFMAN, Decd.,
late of Spencer (?) County, Kentucky and the Court being
satisfied that legal notice has been giving (given) of said application and
that the said HUFFMAN is a Suitable
person, Therefore it is ordered by the Court that He be appointed Such Guardian
and that he gives bond in the Sum [of] Eight Thousand Dollars for the faithful
performance of his duties as Such and upon his giving bond that letters issue
to Him.
Issued
Ordered
that Court be adjourned until tomorrow morning 9 Oct A. M.
The County Court of Collin
County for Probate met on Tuesday the 26 1857.
Present George H
Pegues, C. J.
John
S. Lovejoy, Clerk
Jas.
H. Lovejoy, Sheriff
At this day came MARION FRENCH and PEACHY ELLEN FRENCH Minor Heirs of SAMUEL and JANE FRENCH
Decd., late of Collin County, Texas, which Heirs having attained the age of 14
years and having the legal right to choose the future Guardian of their persons
and Estates in open Court made choice of JAMES
KEELNG as their Guardian of their Persons and Estate of the said MARION and PEACHY ELLEN and the Court being fully satisfied in his Judgement
that the said KEELING is a suitable
and competent person. Therefore said JAMES
KEELING is Hereby appointed such Guardian and is
Required to give Bond in the sum of two thousand dollars.
Issued
Page 4
Ordered
by the Court that
Issued
Ordered that Court
adjourn until next regular
George
H. Pegues
Chief
Justice C. C.
County of Collin Be it Known that the county court
of Collin County met on Monday the 29th day of Jan. 1857.
Present and presiding Geo. H.
Pegues, Chief Justice
John
S. Lovejoy, ex offico Clerk
James
H. Lovejoy, Sheriff
By
James H. Jenkins, Deputy
Ordered
by the court that GEORGE WHITE, J. H. WILSON and THOS.
STALCUP, Commissioners appointed at the former term of this court
to make Partition and Distribution of the Estate of THOS. M. ROWLAND, Decd. have until the
next term of the Court to make their Report of their Proceeding in the
provisions (?).
Estate of ISAAC TALKINGTON
At this day came MAXWELL C. TALKINGTON, LEONIDAS M.
TALKINGTON and JAMES T. COLEMAN
praying in Joint petition for Letters of Administration upon the Estate of ISAAC TALKINGTON, it appearing to the
satisfaction of the Court that Notice of the filing of said Petition has been
legally given and no cause appearing why said persons should not be appointed.
Therefore it is ordered by the Court that said MAXWELL C. TALKINGTON, LEONIDAS M. TALKINGTON and JAMES
T. COLEMAN be and they are hereby
appoint joint administrators of said Estate and that they Bond in the sum of
Forty Thousand Dollars and that letters issue to them as such.
Issued
Ordered by the Court
that WM. B. WEAR, H. JAMESON and ROBERT B. MAYS be and they are hereby
appointed appraisers of the Estate of ISAAC
TALKINGTON, Decd.
Issued
Page 5
Estate
of GEO. PHILLIPS
At this day came MARGARET PHILLIPS, Administratrix of
the Estate of GEORGE PHILLIPS,
Decd., and filed with the court a Sale Bill of Property Sold under a former
order of this Court which Sale Bill has been carefully examined by the Court
and is hereby approved.
At this day came WILLIAM FOSTER by Petition Praying for
Letters of Guardianship upon the persons and Estates of MALCOM (?) FOSTER
and JAMES FOSTER, Minor Heirs of MAISE
(MAYZE?) R. FOSTER, Decd., and this court being satisfied that legal
notice of the filing of said Petition has been given and there being no good
Reason given why Said WILLIAM FOSTER
should not be appointed such Guardian. Also came MARY FOSTER, minor Heir of the said M. R. FOSTER, being over the age of 14 years makes choice of the
said WM. FOSTER, as Guardian of His
person & estate and the court being satisfied that said WILLIAM FOSTER is a competent person. Therefore it is Ordered by the Court
that said WILLIAM FOSTER __
and He is Hereby appointed Guardian of the Person and estate of the said Heirs
and that He gives Bond and Security in the sum of three Hundred dollars and
that Letters issue to Him.
Issued
Estate of MAYZE R. FOSTER
Ordered by the Court
that JOHN M. SALOMONS, administrator
of MAYZE R. FOSTER, decd., proceed
to sell at Public outcry on Tuesday the 4th day of August 1857 at
the Court House Door in the town of McKinney on a Credit of twelve months
giving first legal notice of the time and place of sale the following property,
to wit, a portion of land containing about (70) Seventy acres in Collin County,
Texas, being a part of the Headright Survey of the said FOSTER lying East of Rowlett's Creek and in the south east corner
of said Foster's 640 acre Survey, and that said Administrator make due Report
thereof to this court.
Estate of S. P. COLEMAN
At this day came NANCY COLEMAN, Administratrix of the Estate of SAML. P. COLEMAN, Decd. and
filed in the Court her Inventory a appraisement of property being to said
Estate which has been examined by the Court and is thereby approved, satisfied
and confirmed.
Page 6
Ordered by the court
that the children (Minors) of SAMUEL P.
COLEMAN, Decd. be allowed for the maintenance for the time of One year the
sum of two Hundred and fifty Dollars which is fifty Dollars each this being (5)
five Heirs, which amount shall be paid to them their Guardians as
Representatives out of the first funds that come out (?) the Hands of the
Administratrix or out of any Property of said estate as their Guardian may
choose to do.
Estate of NANCY B. PITTMAN
At this day came WM. B. WEAR, Guardian of the Person and
Estate of NANCY B. PITTMAN, an
a_______ Bill of all property belonging to said PITTMAN which has been examined and is Hereby
approved.
Ordered
that Court adjourn until tomorrow morning 8 October A. M.
State of
Present as on
yesterday officers.
The following proceedings were had:
At the Term of the Court
came WILLIAM PERRIN Administrator of
the Estate of JACKSON HARDIN, Decd.
and Files his accounts for Final Settlement of said Estate and it appearing to
the satisfaction of the Court upon p____ that notice of the application of said
WM. PERRIN for Settlement has been
given in the manner Required by law and the Order of the Chief Justice and the
Court having examined said account with all exceptions th____ and having the
evidence in support and against said account finding the same just. Therefore
the same is hereby approved and there being upon settlement the sum of One
hundred & fifty one & 54/100 Dollars in the Hands of Said Admr. belonging to said Estate. It is Ordered
by the Court that said Administrator pay over amts. The Hands of the Guardian
of the Heirs of said Estate said amount of money and that upon such payments He
shall (?) be and is hereby declared to be discharged from his trust in the
promises (?).
Page 7
At this day comes BARBARY CULWELL, Administratrix of the
Estate of SOLOMAN HUFFSTETLER, decd. for final settlement
of said Estate continued by former order of this court to this day and an
inspection of the final account of said Admx. It appears that there is on hand
subject to the unpaid cost of this Court and Distribution the sum of $338
dollars & 75 cents; it further appears that the costs of this Court Amount
to the sum of fourteen dollars & forty four cents which deducted leaves the
sum of $324 dollars and 31 cents subject to the Distribution; it further
appears from the report of said Admx. That the following persons, MARTHA HUFFSTETLER, Widow of the
deceased and MARTHA HUFFSTETLER,
eldest child of the Deced., MARY
HUFFSTETLER, BARBARY CULWELL, EDWARD HUFFSTETLER JAMES HUFFSTETLER, ELIZA ANN
HUFFSTETLER, ARON HOFFSTETLER, SUSAN HUFFSTETLER, and WILLIAM HUFFSTETLER being the Widow and children of said decedent
are his Heirs at Law, it is ordered and adjudged by the court that one thirds
of said distribution sum of $108. Dollars & 10 cents be set apart for said
Widows of said decd., and the balance being the sum of $216 Dollars & 21
cents be set apart to be divided equally between the children of said deceased
and it further appearing to the Court on the report of the said Admx. That she
has paid off a judgment fully certified to this Court against MARTHA HUFFSTETLER the widow of said
decd. amounting to the sum of $29 dollars and 91 cents it is ordered that said
Admx. be allowed said payment and that the same be deducted from the distribution
share of said MARTHA the Widow of
said deceased and it further appearing to the Court that there is none of said
Heirs or Distributees present or represented in Court, it is ordered that said BARBARY CULWELL Admx. Proceed to pay
over to the Treasurer of the State as required by Law the said Distribution
shares removing unpaid in her hands amounting to the sum of $294.41/100
Dollars.
It
appearing to the Court that there is yet
remaining in the hands of BARBARY
CULWELL the Admx. of the Estate of SOLOMON HUFFSTETLER decd. one feather
Bed. It is Ordered by the Court that she proceed to sell the same after having
given at least ten days notice of the time and place of sale at public outcry
at her Residence on a credit of twelve months or Tuesday the 4th day
of August A. D. 1857.
Ordered
that Court adjourn until next Regular time.
Geo.
H. Pegues
Chief
Justice
Collin
Co.,
Page 8
In
vacation
Now comes J. H. HARGERGER,
admr. of the Estate of JAMES W. YEARY decd. and makes application for commissioners to be
appointed to appraise the Estate of said decedent J. W. Yeary. The former
(?) coms.[commissioners] appointed
by this Court having failed to make a report as commanded. It is therefore
ordered by the court that CORNELIUS
BOWIE, JOHN McCLOVIS (?), and WILLIAM P. CHAPMAN be and they are
hereby appointed commissioners to appraise the property and Estate of the said JAMES W. YEARY deceased, and that the
said administrator appoint out to said Court the property of said decedent, and
that they make report to this Court to be holden (sic) on the last Monday in
July 1857.
Issued
Adjourned Geo.
H. Pegues, Chief
Justice
Collin Co.
State of
Be it Known that the county court of Collin County, Texas met on
Present: Geo.
H. Pegues Chief Justice
Jno. S. Lovejoy, Eff. (?) Clerk
James
H. Lovejoy, Sheriff
Ordered by the court
that SILAS YARWELL (YARNALL?), Administrator of the Estate
of BENJAMIN RENOLDSON (?) Decd. pay over to the Widow of said Decd. the Sum of twenty
Dollars for the purpose of settling school tuition &c.
At this day came HENBY (HENRY?) T. HART Minor Heir of SARAH HART decd, formerly SARAH SAMSON, which said minor has
attained the age of 14 years and having the legal right to choose the future
Guardian of His Estate, this day in open court makes choice of CALEB HART, his father (?) and the
Court being fully satisfied in his Judgment that the said CALEB HART is a suitable and competent person. There the said CALEB HART is Hereby appointed the
Guardian of the Estate of said minor and that HART give Bond and security in the sum of Six Hundred ______
Dollars and that letters issue to Him as such Guardian.
Issued
Estate of ISAAC TALKINGTON
Decd.
At this day M. C. TALKINGTON, S. M. TALKINGTON and JAMES T. COLEMAN, Administrator of the
Estate of ISAAC TALKINGTON Decd. and
files and Inventory and appraise Bill of the property belonging to said Estate…
Page 9
…which
had been examined and approved by the Court.
At this day came C. B. TALKINGTON, minor Heir of ISAAC TALKINGTON Decd., which said
minor heir attained the age of 14 years and having the right to choose the
future Guardian of His person and Estate at this day made choice of M. C. TALKINGTON as the future Guardian
of His person & Estate and the court being fully satisfied that said M. C. TALKINGTON is a suitable and
competent person. Therefore the said M.
C. TALKINGTON is Hereby appointed the Guardian of
said C. B. TALKINGTON'S Person and
estate and that He give Bond in the Sum of $8000.00.
At this ELIZABETH J. TALKINGTON, minor Heir of ISAAC TALKINGTON Decd. which said minor
has attained the age of 14 years and having the right to choose the future
Guardian of her person and Estate at this day made S. M. TALKINGTON as the future Guardian of Her person and Estate
and the court being fully satisfied that said S. M. TALKINGTON is a suitable and competent person. Therefore it
is Ordered by the Court that said S. M. TALKINGTON be appointed Guardian of the person and Estate of
said ELIZABETH J. TALKINGTON and that
he give Bond in the sum of $8000.00.
Issued.
Ordered by the court
that JAMES KEELING and ELI BAKER, Administrators of the Estate
of SAMUEL and JANE FRENCH, decd. proceed to rent or lease out for the remaining
Season a certain Farm, belonging to said Estate on the 20th day of
August 1857 giving at least ten days notice of the time and place of renting at
the late Residence of Decd.
Ordered
that all property exempt from Examination (?) and sale be set apart to NANCY COLEMAN and Her children (widow and children) of SAML. P. COLEMAN, Decd. as presented
by Article No. 11 Hartby's (?) Digest.
Ordered by the Court
at ALIX BERRY be appointed Guardian
Ad Litem to Represent the Minors C. B.
TALKINGTON and E. J. TALKINGTON
in Partition and Distribution of the Estate of ISAAC TALKINGTON Decd.
it appearing that their Guardians are entitled to Portions of said Estates.
Page 10
Ordered by the court
that M. C. TALKINGTON, Guardian of C. B. TALKINGTON and S. M. TALKINGTON, Guardian of ELIZABETH
J. TALKINGTON, minor heirs of ISAAC
TALKINGTON Decd. executed a Bond required to obtain a partition and
Distribution of the Estate of said Decd. and Article No. 1559 Harthy's Digest.
Ordered
that court be adjourned until tomorrow Morning 8 O'clk.
State of
The County Court of
Collin County met on Tuesday the 28thy of July 1857 in pursuance (?) to
adjournment.
Present: Geo.
H. Pegues, Chf. J.
Jno. S. Lovejoy, Clk.
Jas.
H. Lovejoy, Sheriff
Estate of ISAAC TALKINGTON, Dec,
Ordered by the Court
that M. C. TALKINGTON, S. M TALKINGTON
and JAMES T. COLEMAN, Administrators
of the Estate of ISAAC TALKINGTON,
Decd. proceed to sell at Public Outcry at the late residence of the Decd. on (blank)
the (blank) day of (blank) 1857 on a credit of six month the (?) after giving
(blank) days Notice of the time and place of sale all the perishable property
belong to said Estate.
In the case of the
H______
Of he Heirs of ISAAC TALKINGTON, Decd
For partition and
Distribution
Of the Land, Negroes
and
Moneys of the Estate
of said decd.
It
is ordered by the Court that GEOR.
WHITE, WM. B. WEARSEUR, and ROBET B. MAYS be and they are hereby
appointed commissioners to make a fair, Just and impartial Partition and
distribution of the following described Property adjudged to the Property of
the Heirs of ISAAC TALKINGTON,
deceased, into five equal parts talking into consideration the quality and
quantity and improvements on the lands and it appearing to the Court that ALMIRA E. COLEMAN, M. C. TALKINGTON, L. M.
TALKINGTON, C. J. TALKINGTON AND C.
B. TALKINGTON are the person by Law entitled to distributed shares of said
Estate. Therefore it is ordered that said…
Page 11
…commissioners
partition said Property said Estate to the said Heirs taking into consideration
the following advancement that has been made to the following named heirs to
wit: It appears that ALMIRA E. COLEMAN
has received the Sum of Twelve Hundred ___ (blank) Dollars and that M. C. TALKINGTON has receive the sum of
Twelve Hundred ___(blank) Dollars and that L. M. TALKINGTON has received the sum
of Twelve Hundred Dollars. Each of the above
advancement
was Cash.
._______________________________________________________________________
It appears to this
Court that the above named Heirs are all the persons entitled to Distributive
shares of said Estate and that they are all residents of the
The description of
the Land to be divided is as follows to wit: Situated in Collin County on the
Ridge between the East and Elm forks of Trinity River about nine miles N. 80°
W from McKinney being Section No. 11 Township No. 5 Range 1 Eas[t] of the first
Base Line and first Meridian and conveyed by Patent by the State of Texas to HARRISON JAMISON. Said Patent dated
Description of the Negroes
is as follows to wit: One Negro Man (Peter) aged about thirty three years, One
Man (Jim W. Genn?) age 23 years, One
Man (Long Jim) age 21 years, One
Woman (Bit) and two children and
Girl aged 15 years named Hester, One
Woman (Mary) age 50 years¾It
is further ordered by the Court that a Writ of Partition be issued commanding
the said Commissioners to proceed forthwith and make Partition and distribution
of said Estate in accordance with the above decree of the the (?) Court and
that the Clerk furnish each of the Heirs (?)…
Page 12
…with
a copy of said Decree.
Ordered by the court
that GEORGE WHITE, R. B. MAYS and WM. B. WEAR S___d be appointed
appraisers of the Estates of the minors C.
B. TALKINGTON and ELIZABETH J. TALKINGTON, Heirs of ISAAC TALKINGTON, Decd.
Ordered
that court be Adjourned until tomorrow Morning 8 O'Clk.
The County Court of
Collin County met on Wednesday, the 29th day of July 1857 in the pursuance
to adjournment.
Present Geo. H.
Pegues, Chief Justice
John
L. Lovejoy, Clerk
Jas.
H. Lovejoy, Sheriff
State of
Collin County This is to certify that JOHN L. LOVEJOY, County Clerk, Collin
County, Texas did on Monday the 27th day of July 1857 mail to the
address of the Treasurer of the State of Texas at the city of Austin a copy of
an Order of the County Court, ordering BARBARY
CULWELL, Administratrix of the
Estate of SOLOMON HUFFSTATLER Decd.
to pay over to said Treasurer an Amt. of Money, said order made at the June
Term 1857 of the County Court, Collin County, Texas.
Witness
my hand this July 27th A. D. 1857
D.
Stiff, P. M.
The Original of the
foregoing Record was filed for Record on the 28th day of July 1857
and was Recorded on
Attest: John S.
Lovejoy, Clk C. C.
C.
C. C. Texas
Ordered
by the court that the final settlement with W. G. STROTHER about (?) of the Estate of B. C. STROTHER decd. be postponed until the next Regular time of
this Court.
Page 13
This day JACOB BACCUS, Administrator of the
estate of JOHN BANKMAN (?), Decd.
filed his Report showing the condition of said Estate and praying for an Order
to _____ the sum of 70 cents on the Dollar on all claims mentioned in said
Report and upon inspection the court is satisfied that said order should be
made. It is therefore ordered by the court that JACOB BACUUS the Admr. of said Estate proceed ____to the condition
of said Estate as ____in said Report the sum of 70 cents on the claims that
shou[d] (?) be ___y authorized (?) and presented (?) as the law _____ts and
make report of His acts as the law requires.
This day comes GEO. WHITE, administrator of the Estate
of JONATHAN PHILIPS Decd. by
Petition and made known to the Court that the wheat Recd. as rent for a Portion
of the farm of said Estate had become liable to be injured by the rains which
have been prevalent and asks for an order of Sale of said wheat by private
contract. He also asks that as much of the proceeds of said sale as may be
necessary to secure the crop growing on said farm be applied to the repair of
the fencing around the same. Therefore it is ordered that the said
Administrator proceed forthwith to make sale of said wheat. It is also ordered
that as much of the proceeds of said sale be applied
to the repair of said Farm as may be necessary to secure the growing Crop on
the same.
Ordered
that Court be adjourned until the next Term in course (?).
Geo.
H. Pegues, Chief Justice C. C.
Page 14
State of
The county court of
Present: Geo. H. Pegues, Chief J.
John
J. Lovejoy, Clk.
The following
proceedings were had:
Whereas it appears to
the Chief Justice of said County that (blank) a minor who has no parents living
and which minor has no estate and is living in Collin County, and under the
Jurisdiction of this Court. Therefore it is Ordered by the Court that said
minor (blank) be and is hereby bound to JORDON
O. STRAUGHAN who is deemed by this court a suitable person who will take
the support and education of such minor under his care until said minor shall
arrive at the age of 21 years and that said STRAUGHAN enter such (?) bond for the faithful performance of his
duty in the promises in the sum of five Hundred dollars.
Ordered
that court adjourn.
Geo.
H. Pegues, Chief Justice
State of
The county court of said
county met on Monday the 31st day of August 1857 for the transaction
of Probate business.
Present: Geo. H. Pegues, Chf. Justice
John
L. Lovejoy, C. Clk.
James
H. Lovejoy, Sheriff
At this day the
following proceeding were had:
JOHN W. L. BUTTER (BATTER?) having filed his Petition
praying the Court to appoint him Guardian of the Person and property of VIRGINIA L. SAUNDERS, Infant Heir of WM. S. SAUNDERS and GRACY SAUNDERS,
Decd. a minor under the age of 14 years the Court being satisfied that it is
necessary that a Guardian be appointed and that legal notice of the filing of
said Petition has been given and that said BUTTER
is a suitable Person. Therefore it is ordered that said BUTTER be and he is hereby appointed the
Guardian of said minor person (to faint to read)….
Page 15
…and that he enter unto bond in the sum of six hundred Dollars and that
Letters issue to him as such. Issued.
CALEB HART having filed his
petition praying the Court to appoint him Guardian of the person and property
of the minor ALEXANDER MAYS, Infant
heir of MARY A. E. MAYS, Decd. under
the age of 14 years. It appearing to the satisfaction of the court that legal
notice of the application of said HART
has been given and that he is a suitable person to receive said appointment.
Therefore it is ordered by the court that said HART is hereby appointed Guardian of the Person and Estate of said
Minor and that he enter into bond and security in the
sum of six hundred Dollars and that therefore Letters issue to him as such. Issued.
It having come to the
Knowledge of the Court by Petition of LOWERY
ADAMS that PATRICK H. BELCHER and ALEXANDER S. BELCHER, minors over the age of 14 years, Heirs of JOHN BELCHER, Decd. reside in the
County of Collin under the jurisdiction of this Court and have no Guardians of
their persons or Estates and the Court having caused the said Heirs to be
notified to appear at this time of the Court and choose a Guardian of their
persons and property and It appearing by the return of the Sheriff that said
notice was legally served upon them and ALEXANDER
S. BELCHER having appeared and made choice of said LOWERY ADAMS as his guardian of Person and Estate and the said PATRICK H. BELCHER failing to appear as
notified and the Court being satisfied that the said LOWERY ADAMS is a competent and suitable person to receive said
appointment. Therefore it is ordered by the court that said LOWERY ADAMS be appointed the Guardian
of the Persons and Estates of said PATRICK
H. BELCHER and ALEXANDER S. BELCHER
and that he enter into a Bond in the Sum of two Thousand & two Hundred
Dollars and the good security and that upon giving said Bond that Letters issue
to him as such. Issued.
Ordered by the court
that W. G. STROTHER, Admr. of the Estate of B.
C. STROTHER, Decd. be allowed the sum of Eighty Dollars compensation for
services as Admr. of said Estate.
Page 16
Estate of MAIZE R. FOSTER,
Decd.
At this day JOHN M. SALMONS, Administrator of the
Estate of MAIZE R. FOSTER, Decd.
filed with the court an account of sale of certain Land belonging to said
Estate sold under a former order of this Court and it appearing to the court
after due _____ into the manner in which such sale was made that said sale was
fairly made and in conformity with the law, and that it is in due form of Law. Therefore
it is ordered and Deemed by the Court that said sale be confirmed and that said
account be recorded by the Clerk of the court and that a conveyance be made to
the purchasers of said land by the Administrator of said Estate.
Estate of SAML. P. COLEMAN, Decd.
In accordance with
Article No. 1154, Hartley's Digest, it is hereby ordered and Decreed by the
Court that there be and is hereby set apart for the use and benefit of the
Widow and children of SAMUEL P. COLEMAN,
Decd. all property belonging to said Estate that is exempted from Execution or
forced Sale by the Constitution and laws of the State of Texas.
Ordered by the court
that the Administrator of the Estate of SAMUEL
P. COLEMAN, Decd. proceed to Sale at public outcry on Wednesday, the 1st
(?) day of October 1857 at the late residence of the Decd. all the Personal
property belonging to said Estate, giving first ten days notice of the time and
place of sale on a credit of twelve months.
At this Term of the
court comes W. G. STROTHER, Administrator
of the Estate of B. C. STROTHER, Decd., for Settlement of his
Final account filed with the court at a former term thereof and the court
having caused legal notice to be given by its order duly entered by parties
noticed (?) of the application of said Admr. by the Clerk of said Court at the
Court House door and two other Public places in the County of Collin which said
Notice stated the Presentation of said account (to faint to read)…
Page 17
Term of the court
when it was to be acted upon and required all persons to appear and contest
said account and the same having been contacted (?) from the last time of this
court to the present by Order duly entered upon the minutes of the same. It
appearing to the court as above stated by proof of the clerk of said court that
Notice was given in the manner required by Law and the order of this court and
after examining said account with all the exceptions thereto and hearing the
evidence for and Against said account and having Audited and Settled the same
it is found that there is none of the Estate remaining in the hands of the said
Administrator. Therefore it is Ordered by the Court that Administrator be
discharged from his trust.
Ordered
that Court be adjourned until tomorrow morning 8 O'Ck.
The County Court of
Collin County Met on the 1st day of Sept. 2857 for the transaction
of Probate business. Present: Geo. H.
Pegues, Chf. Justice
John
L. Lovejoy, Clk.
Jas.
H. Lovejoy, Shiff.
On this day came JAMES KEELING and ELI BAKER, Administrators of the Estate of SAML. and JANE FRENCH, Decd. and made their
Annual Report as such, and the court having examined the same carefully, and
being satisfied that the same is correct, it is ordered that the same be
approved.
Ordered by the court
that HARRISON JAMISON, Admr. of the
Estate of LAUDSON CLARK, Decd.
proceed to hire at Private Hire from moment to moment a certain Negro girl, JULIA (JULYA?), belonging to said
Estate until he be discharged from his trust as Administrator.
In the case of the
Petition
Of JOHN W. ROWLAND for
The appointment of
Guardians
Of the Heirs (Minors)
Of
THOS. M. ROWLAND
Decd. On
the Petition of JOHN…
Page 18
…W. ROWLAND for appointment of Guardians
for the minor Heirs of THOS. M. ROWLAND,
Decd. which said Petitioner represents to the Court that AMANDA M. ROWLAND, NATHAN H. ROWLAND
and SOPHIA H. ROWLAND are minors
under the age of 14 years and have no legal guardians of their persons &
estates, and it appearing to the Court that legal notice has been given that a
Guardian of their Persons and Estates would be appointed at this term of the
Court and the court being satisfied that WM.
B. WEAR [is] a suitable person to receive said appointment. It is Ordered
by the court that said WM. B. WARE be appointed the Guardian of the persons and
estates of the said minors and that He enter into bond the same of six Thousand
Dollars and that thereupon Letters issue to him as such.
Issued
Whereas JOHN W. ROWLAND, THOS. M. ROWLAND and NANCY H. ROWLAND, Infant Heirs of THOS M. ROWLAND, Decd. over the age of
14 years have this day appeared in open court and made (severally) choice of TALTON CUNNINS as the future Guardian
of their persons and estates and the court being satisfied that said CUNNINS is a suitable person to receive
the appoint of the Guardianship of said persons. It is ordered by the court
that said TALTON be appointed the
Guardian of the Persons or (?) Estates of said minors
_ad (?) that he enter into Bond and security in the sum of six Thousand Dollars
and that therefore Letters issue to him as such. Issued.
At this Term of the
Court comes TALTON
CUNNINS and WM. B. WEAR,
Executors of the Estate of THOS. M.
ROWLAND, decd. and present their Report of the Condition of the estate of
said Decd., which is approved by the court and the prayer thereof
is granted. ¾And
it is further ordered that GEO. WHITE,
WM. PELHAM, (blank space) and J. H.
WILSON be appointed commissioners to make
Partition of the Estate left by said decd. in accordance with the prayer of
said report and that said commissioners be furnished with a copy of this order
and of said report and the will of said deceased for their guidance in the
p_______? and make report of their action thereon at
the next Regular term of this Court.
Page 19
Ordered
that the sum of fifty Dollars be set apart for the support of the Ward NANCY B. PITTMAN, minor Heir of MICHAEL
PITTMAN, Decd, out of the first funds of the Estate of said
Ordered by the Court
that WM. B. WEAR, JR., Guardian of
the Person and Estate of NANCY B. PITTMAN, minor Heir of MICHAEL B. PITTMAN, Decd. proceed to
Sell at Public outcry on the 34d day of November 1857 being the first Tuesday
in said Month at the Court House door in the town of Sherman, Grayson County,
Texas the following described tract piece or parcel of land (to wit) situated
in the County of Grayson on the watters (sic) of Mill
Creek, containing 200 acres of land off of a survey of 1043 acres sold to MICHEL PITTMAN by E. M. JONES and taken out of a survey of a league in the name of
said JONES, Beginning at two percimons [persimmons?]and Hackberry blazed and makd X B. F.
SAVAGE’S North West corner, standing in FIELDEN’S East line and the West line of E. M. JONES’ league
Thence with said line N 13 E 1090 vs to the N W
corner of JONES’ league Thence with
his north line South 77 E 407 vs. to the south East corner of S. HORTONS’ Thence East 500 varas a
Stone mkd BP S. 7 W 1090 vs. to the N E. corner of B. F. SAVAGE’S 200 acre survey Thence
with his North line West 1050 vs to the place of
Beginning the Terms of this sale to be one fourth of the Purchase money for
cash in hand, the Balance (sic) on a credit of twelve months taking security
and mortgage Deed upon the land of the purchaser purchasers. Said
sale to be on said day between the Hours of 10 A. M. and 4 P. M. The
above property is adjudged to be the property of said NANCY B. PITTMAN and is hereby ordered to be sold for her support¾the
said Guardian to give…
p. 20
…at least twenty days
notice of the time and place of such sale at the Court House door in the town
of Sherman in Grayson Co., Texas and at the Court house door in the town of
McKinney, Collin Co., Texas and at two other Public places in each of said
counties.
Ordered by the court
that the final (?) settlement of the estate of ALEXNADER COOPER deceased, set for this Term of the Court be
postponed untill (sic) the Second day of the next
regular Term of this Court.
Whereas WM. PHILLIPS on of the Heirs at law of
the Estate of JONATHAN PHILLIPS
Decd. who is entitled to his (?) distributive Share of the Estate of said JOHNATHAN PHILLIPS, Decd. has filed a
complaint in writing in the Court praying that GEO. WHITE, the Administrator of said Estate, be cited to appear at
this time of the Court and order an exhibit under oath of the condition of said
Estate. It is ordered by the Court that the Clerk of this court issue a
citation commanding the said WHITE
to appear and make said exhibit as required by law.
At this term of the
Court comes J. B. WILMETH, Guardian
of the person and Estate of CATHERINE
YOUNG and JAMES W. YOUNG, minor
Heirs of SAMUEL YOUNG, Decd., and
filed his Annual Report of the condition of the estates of said minors in which
Report there is a ballance (sic) of $49.22 1/2 in
favor of Guardian and the court having examined said Report and being satisfied
that it is correct hereby confirms it and order it to be filed.
Ordered
by the court that it be adjourned until tomorrow morning at
Page 21
State of Texas County Court Collin Co. August
Term
The county court of
Present: Geo. H. Pegues Chief
Justice Collin Co.
Jas. H. Lovejoy Shiff
Collin Co.
The following
proceedings were had.
Ordered by the Court
that the administrators of the Estate of ISAAC
TALKINGTON Decd. proceed to sell at Public Outcry at the late residence of
said Deceased on the fifteenth day of September A. D. 1857 all the Personal
property belonging to the Said Estate giving at least ten days notice of the
time and places of said Sale at the Court house door and two other Public
places in the said County the terms of said Sale to be as follows viz for all amounts of 10 Dollars and under cash in hand
and all amounts over ten Dollars on a credit of twelve months taking Security
as required by law for the purchase money.
GEORGE WHITE, WILLIAM B. WEAR, SENR.
and ROBERTS B. MAYS, Commissioners
appointed at the last Term of this court to make partition and distribution of
the Estate of ISAAC TALKINGTON Decd. having made to the
Court a Report in Writing, Signed and Sworn to by them containing a Statement
of the property (?) divided by them, also a particular description of the
property allotted to each Distributee and its value
and the Court having carefully examined Said Report and it appearing that said
division has been fairly made, according to Law and no valid exceptions having
to it therefore it is ordered and decreed that Said Report be confirmed and
that the Same be recorded.
At this day came GEORGE WHITE, Administrator of the
Estate of JONATHAN PHILLIPS, Decd.,
and filed with the Court a report Stating that the following named lands are
the community Property of JONATHAN
PHILLIPS Decd. and REBECCA PHILLIPS,
also Decd., and former wife of said JONATHAN
to wit:
|
Acres |
Original Grantee |
Out of |
|
632 |
Jonathan Phillips |
632 |
|
120 |
G. B. Pilant |
1476 |
|
|
Wm. Davis |
2/3 League |
Page 22
And
said Administrators also Prays that the Court cause the Heirs of said Estate to
be cited at the regular Term of the Court and show cause why a Partition and
distribution shall not be made between the Heirs of said JONATHAN and the Heirs of said REBECCA
therefore it is ordered by the Court that said Report be confirmed and that
said prayer be granted and that the Clerk cite the Heirs of the said JONATHAN PHILLIPS and of said REBECCA PHILLIPS to appear the next
regular Term of this Court and show cause why said partition and distribution
shall not be made as prayed for.
At this Term of the
Court comes GEO. WHITE,
administrator of the Estate of JONATHAN PHILLIPS ,
Deceased, and filed with the court a report of exhibit of the condition of said Estate in compliance with a citation
this day issued from this Court on complaint of WILLIAM PHILLIPS, on of the heirs of said Estate which Said exhibit
is hereby confirmed by the Court and ordered to be filed.
Ordered
that Court be adjourned until the next court in course.
Geo.
H. Pegues, Chief Justice
State of
County of Collin Sept Term 1857 The county court of
Collin County met on Monday the 28th day of September 1857 for the
Transaction of Probate business.
Present Geo. H.
Pegues Chf. Justice C. C.
John
L.
James
H. Lovejoy Sheriff
CHARLES RECTOR, a citizen of Collin
County having properly (?) filed with the Court a complaint in Writing, praying
that the Administratrix of the Estate of JOHN
H. COLLIN, Decd. be required to make him a title to a certain tract or
parcel of land ag___able to a title bond entered into
by and between the said JOHN H. COLLINS
and the said CHAS. RECTOR, before
the death of the said COLLINS and it appearing to the satisfaction of the
Court that the Clerk of the Court did in accordance with the law Issue a
citation with a copy of said complaint to be served on CHARLOTTE COLLINS the Admx. of said Estate and it appearing to the Court that she have
been legally notified and the same CHARLOTTE
COLLINS appearing and offered no objection to title to said RECTOR and the Court being satisfied
that said sale was legally made Therefore it is ordered…
Page 23
…Adjudged and decreed
by the court that said Administratrix make title to said RECTOR in accordance with the terms of said Bond.
At this Term of the
court comes ROLAND C. CLARK, one of
the minor Heirs of LANDSON CLARK, Decd, over the age of 14 years
and made choice of BENJAMIN F. MATHEWS
as the future Guardian of his person and Estate and the Court being satisfied
that said MATHEWS is a suitable
person and competent Therefore it is Ordered said BENJ. T. MATHEWS be appointed the Guardian
of the Person and Estate of said minor.
Issued.
At this Term of the
Court comes ALVIN C. CLARK, one of
the minor Heirs of LANDSON CLARK
decd. over the age of 14 years and makes choice of ROBERT CARPENTER as the future Guardian of his person and Estate
and the court being satisfied that said CARPENTER
is a suitable and competent person to exercise (?) the appointment Therefore it
is Ordered and decreed by the Court that He be appointed the Guardian of the
Person & Estate of said Minor.
Issued
The Court Adjourned
until 8 O’clk A. M.
The County Court of
Collin Court met on Tuesday 29th Sept pursuant to Adjournment.
Present Geo.
H. Pegues Chief
Justice
Jno.
Jas.
H. Lovejoy Sheriff C. C.
Whereas at the August
Term of the Court 1857 the commissioners appointed at the previous term thereof
to make Partition and Distribution of the Estate of ISAAC TALKINGTON decd. late of said County presented their Report
which was approved by the Court and whereas in said Report two parcels of the
property of said Estate were represented as not being susceptible of Division
without materially injuring their Vallue (sic) and
were Reported back to the Court with the appraised (?) Valuation of the same and
whereas ALEX BERRY, guardian Ad litem of CHESTERFIELD
B. TALKINGTON has chosen the south parcel for his Ward and MAXWELL C. TALKINGTON has chosen the North parcel for himself and has filed
his note for $294.40 payable to the Guardian of ELIZABETH J. TALKINGTON and his note for $484.20 payable to LEONIDAS M. TALKINGTON and his note for
$734.20 (?) payable to ALVIRA E. COLEMAN
and ____WELL C. TALKINGTON as
guardians of CHESTERFIELD B. TALKINGTON
has filed his notes for $1189.80 (?) payable to…
Page 24
…to LEONIDAS M. TALKINGTON guardian of ELIZABETH JANE TALKINGTON the said
notes being signed by good security & payable one half in six months from
date and the residue in twelve months from date as whereas the said notes will
make the division made in said Report¾ in connection
within the parcels of land herein before chosen just and ____ and no exceptions
having been taken to the valuation made in said Report, Therefore it is
adjudged and decreed by the Court that said report be in all respects approved
that said notes be delivered to the person legally entitled ____ and that the
first questioned (?) parcel of land in two tracts and described as follows: 1st
tract being a part of HARRISON JAMISON'S
640 acres on the divide between Watson's ____ and Little Elm and Beginning at
the South East corner of said 640 acres as pattented
(sic) Thence North (50) fifty chains and (8) Eight links to a point intersected
by the Hodge line continued Thence West to the Hedge and with it to its
Termination and to the West line of said Survey of 640 acres 979) seventy nine
chains & (20) twenty links Thence South (50) fifty chains & (8) eight
links to the South West corner of said survey Thence East (79) Seventy nine
chains & (20) twenty links to the South east corner thereof and place of
Beginning containing 396 58/100 acres of land. 2nd tract being a
part of a Survey of 320 acres in the name of THOMAS J. JAMISON and beginning at the north east corner thereof
Thence South (15) fifteen chains A. A. TALKINGTON's North East Corner Thereas
West (45) forty five chains Thence North (15) fifteen chains to the North line
of said survey. Thence East there with (45) forty five chains to the place of
Beginning containing 67 1/2 acres of land more or less & valued at $2924___
with all the appurtances thereto belonging to ___as
fully and absolutely in the said CHESTERFIELD
B. TALKINGTON as it did in the
said decedent. And further that the said second Mentioned parcel in two tracts
described as follows: The 1st tract being a part of a survey of 640
acres pattented (sic) in the name of HARRISON JAMISON Beginning at the North
East corner thereof Thence South (29) twenty nine chains & (75) seventy
five links a point in the Hedge line
continuing Thence West to and with said Hedge and continuing West in all (79)
seventy nine chains & (20) twenty links to the West (?) line of said survey
Thence North (29) twenty nine chains and (75) seventy five links the north west
corner thereof Thence East with the North line thereof (79) seventy nine chains
& (20) twenty links to the place of Beginning 235 62/100 acres of land more
or less. 2nd tract being a
part of the survey of 320 acres of land pattented
(sic) to the name of THOMAS J. JAMISON
___…
Page 25
…Beginning (15)
fifteen chains South and (32) thirty two chains West of the North East corner
thereof Thence South (25) twenty five chains the south West corner of A. A. TALKINGTON tract in the south
line of said survey Thence West (13) thirteen chains. Thence North (25) twenty
five chains Thence East (13) thirteen chains to the place of Beginning
containing (32 1/2) thirty two 1/2 acres of land more or less and vallued (sic) at $2397 with all the appurtenances thereof
to vest as fully and absolutely in the said MAXWELL C. TALKINGTON as id (?) in the said Decedent.
Ordered
that Court be Adjourned until tomorrow 8 Ock.
A. M.
The
county court of Collin County, Texas Wednesday the 30th Sept. 1l857.
Present Geo. H. Pegues Chief Justice
John
L. Lovejoy Clerk
James
H. Lovejoy Shiff.
At this day comes the
Guardian of C. B. TALKINGTON and ELIZABETH J. TALKINGTON, minor Heirs of
ISAAC TALKINGTON Decd and filed an
Inventory and appraisement of the Property of said Heirs and a list of claims
against C. B. TALKINGTON which have
been duly examined by the court and are hereby approved.
At this day comes J. H. HARBURGER, Administrator of the
Estate of T D. HILL, decd. filed an
inventory of the Property belonging to said Estate, which has been examined and
is approved.
Ordered
by the Court that J. H. HARBURGER
Admr. of the estate of T. D. HILL Decd. proceed to sell at the
Court house door in the town of
Ordered
that a final settlement of the Estate of ALEX
COOPER, Decd., be postponed until next regular term.
Page 26
JACOB BOENS (?) having filed
with the court his accounts as Administrator of the Estate of JOHN BARTRAM, Decd. for final
settlement of said Estate at the next term of this court Therefore it is
ordered by the court that the clerk give at least twenty days notice of the
time at which it is proposed to settle said accounts by posting notices at the
Court house door in the town of McKinney and two other plaices in Collin Co,
which said Notice shall state the time when said account is to be acted upon
and shall require all persons contested (?) in said Estate to appear a [and?]
contest said accounts.
Ordered that JACOB BOENS (?) Administrator of the
Estate of JOHN BARTRAM Decd. be allowed the sum of twenty two Dollars as for accounts
filed which said account to be paid out of any assets of said Estate.
Ordered
that Court be adjourned until the next regular Term in Course.
Geo.
H. Pegues C. J. C. C.
In
Ordered by the Court that ALEXANDER T. ROBINSON, administrator of
the Estate of ROBERT SKAGGS, Decd.
proceed to rent to the highest and best bidder on Saturday the 175y (?) day of
October 1857 The Farm including the Buildings there on belonging to the Estate
of said SKAGGS for the Term of
twelve months on a credit of twelve months taking notes with good security
after giving Lawful Notice thereof - the said farm to be rented at the late
resident of said SKAGGS.
Geo.
H. Pegues
Chief
Justice
In vacation
Ordered by the court
that GEO. WHITE, Administrator of
the Estate of JONATHAN PHILLPS,
Decd., proceed to sell a certain Wagon belonging to said Estate at private sale
if necessary on a credit of six months and of c___ at Private sale for cash in
hand.
Geo.
H. Pegues
Chief
Justice
Page 26
Collin County Be it Remembered that the
county court of Collin County met on Monday the 26th October 1857
for the transaction of Probate business
Present: Geo. H. Pegues, Chief Justice
John
L. Lovejoy Clerk
J.
H. Lovejoy Sheriff
By
J. H. Jenkins Deputy
At this Term of the
Court came WM. R. FRENCH and JOHN S. FRENCH John (?) minors heirs of
SAM’L and JANE FRENCH Dec’d. and over the age of 14
years and made choice of LEVI L. FOWLER
as the future Guardian of their persons and Estate and the court being
satisfied that the said FOWLER is a
suitable and competent person to serve (?) the same Therefore it is ordered
that the said FOWLER be and he is
hereby appoint the Guardian of the said minors and that he give bond in the sum
of One Thousand Dollars.
It is ordered by the
court that JOSEPH DIXON, ISAAC STEPHENS
and GRAFTON WILLIAMS be appointed
commissioners to divide the community property belonging to the Estate of JONATHAN PHILLIPS and REBECCA PHILLPS both decd. into two
equal portions and allott (sic) one (?) of said
portions to the Administrator of the Estate of the said JONATHAN PHILLIPS decd. and the other portion to the Heirs of the
said REBECCA decd. The property to
be divided as indicated
is described as follows.
63_ acres in the name
of JONATHAN PHILLIPS
120
acres in the name of GEO B. POLAND
(POLANT?)
25 acres more or less
perhaps 40 acres in the name of WM.
DAVIS and also the personal property which had been divided between the
Heirs of said JONATHAN and REBECCA PHILLIPS.
At this day came FRANCIS FITZHUGH, widow of GABRIEL FITZHUGH Decd. and made
application for Letters of Administratrix with the Will Annexed and the Court
being satisfied that said FRANCIS is
a citizen ______________________________the same, therefore the said FRANCIS FITZHUGH is appointed the
Administratrix of the Estate of said decd. with the will Annexed and that she
give Bond in the sum of seven Thousand Dollars.
Ordered that Court be
adjourned until tomorrow Morning 8 o’clock A. M.
Page 27
State of
The county court of
Present: Geo. H. Pegues Chf Justice
John
L. Lovejoy Clerk
James
H. Lovejoy Sheriff
By
J. H. Jenkins Deputy
It is ordered by the
court that GEO. WHITE, PLEASANT WILSON
and WILLIAM PELHAM be appoint commissioners to divide the separate property
which NANCY JANE ROLAND (ROWLAND?) Decd. the
first wife of THOS. M. ROWLAND Decd. late of
One
140 acres in the name of L. B. HAM
in
320
“ “ “
“ “ M.
HART in
320
“ “ “
“ “ T. M.
ROWLAND “ “
640 “
“ “ “
“ ISSAC P. WASHLAM (?) “ “
And
personal property consisting of cattle, Horses &c.
It is also further ordered that said commissioners proceed to divide the
community property of THOS. M. ROWLAND
and his last wife DELIAH (?) ROWLAND into two equal portions
and to separate? By Law one portion to the Estate of said THOS. M. ROWLAND and the other portion
to the said DELIAH ROWLAND his last
Wife said community property consisting of Personal Estate. It is also herby
further ordered the Estate of the said THOS
M. ROWLAND Decd. (rest of page unreadable).
Page 29
(unreadable) and to
allot one third to the said DELIAH
ROWLAND _______during her natural life and finally to divide said portion
of two thirds of personal estate and said portions of two thirds the real
estate into twelve (12) portions and to allots eight of them to the above named
Heirs children of the first Wife of the said THOS M. ROWLAND, and make report of the same at the next term of
this court.
It is ordered that
the clerk of this court issue a Writ of Partition and distribution to the above
cause (?) in accordance with laws.
H. JAMERSON, Administrator of
the Estate of LANDSON CLARK (?)
decd. laving filed his account for final settlement of said Estate it is Ordered
by the Court that Legal notice thereof by given by the clerk of Posting Notes at
the court House Door in this county and two other Public Places in said county.
Ordered that the
settlement of the Estate of JOHN BARTRAM
(?) Decd. be continued until next Regular Term, cause
of continual (?) want of legal motion not having been given.
Estate
of RUBUEN PHILLIPS Decd.
It is ordered by the
court that JOSEPH DICKSON, ISAAC STIMSON,
and GRAFTON WILLIAMS be appointed
Commissioners to make Partition and Distribution of the Estate of REBECCA PHILLIPS decd. first wife of JONATHAN PHILLIPS decd. among the
following named Person (?) Heirs of said Estate of SARAH McCOY, WILLIAM PHILLIPS, JOHN PHILLIPS, CASSANDRA
SHEILD, EMILLA FIKES, Heirs of THOS. PHILLIPS decd., Heirs of GEO. PHILLIPS decd. and MARGARET JANE PHILLIPS and it appearing from Indentures this day
filed in the Clerk’s office of this County that a mutual contract has been in
accordance with Law Entered into this above named Heirs by which each is to
receive in his own right an equal portion of said Estate, the said
commissioners are hereby required to make said divisions with said agreement
taking into consideration that the following advancements have been made to
wit:
SARAH
McCOY $83.68
WILLIAM
PHILLIPS $94.28
CALEB
PHILLIPS $91.78
JOHN
PHILLIPS $67.43
CASSANDRA
SHIELD 89.68
EMILLON
FIKE 99.58
Heirs of THOMAS PHILLIPS, decd. 28.68
GEO. PHILLIPS decd. 75.70
MARGARET
PHILLIPS 142.61 +17.50+$169.11
____________REBECCA PHILLIPS decd.__________________of
the following:
Page 30
…property to wit: 202
Acres of Land in the name of JONATHAN
PHILLIPS, 120 in the name of GEO. B.
PILANT, 25 acres more or less, probably 40 in the name of WILLIAM DAVIS. It is further ordered
that said Commissioners made report at next Term of this Court and that Writ of
Partition issue in accordance with Law.
Ordered that Court
adjourn until the next regular Term.
Geo.
H. Pegues, Chief Justice
Present: Geo.
H. Pegues, Chf. Justice
Jno.
L. Lovejoy, clerk
Ordered by the court
that JAMES B. STRAIN, JAMES H. MAXWELL and C. A. McMILLAN be appointed appraisers
to view and appraise the Peters Colony Headright of JOHN W. MITCHELL situated in Collin Co., State of Texas in Muddy
Creek and described in his petition this day filed and make return of their
appraisement at the next term of this court.
Geo.
H. Pegues
Chief
Justice
Page 31
Collin County 1857
Be it Known that the
county court of
Present and
acting: Geo. H. Pegues,
Chf. Justice.
John L.
Lovejoy, Clerk Co. C
Jas.
H. Lovejoy, Sheriff
By
J. H. Jenkins, Deputy
JOHN L. LOVEJOY Administration of
the Estate of EDWARD BRADLEY Decd.
presented to the consideration of the court his yearly Report which has been
examined by the court & confirmed and approved.
At this term of the
court come ABIGAL (SIC) FOREMAN Administratrix
of the Estate of JARROT HOWARD deceased for final Settlement of
the Estate of said deceased, and it appearing to the Court that the Notices Required
for said Settlement have been posted as Required by Law this court proceeding
to examine said account no exceptions being filed to the same finds it
necessary to restate the same for the purpose of bringing into said settlement
the following allowances said Administratrix to wit:
For one year’s
support of Widow and Minor children of in number $450.00
For safe Keeping preservation
and management of said Estate as per account
filled and
allowed
$90.00
For Commissions (?) on
disbursements 72.43
Commissioners on
Receipts 49.89
Making in the
aggregate the sum of $662.32 cents
This Sum subtracted
from the cash balance of $1027.50 stated in the final account of said
administratrix as filed Will Red___this cash to the
sum balance in favour (sic) of said Estate and due
from said administratrix to the sum of $365-18 cents and with the corrections
thus made said account if finally audited and settled subject to the expenses
of this Court and of distribution. And it further appearing to the satisfaction
of the Court that all the property of said Estate is community property with
the exception of the Negroes specified in the inventory or their increase which
from the facts appearing to the court—and (?) adjudged to be the separate
property of the deceased and that the following named persons to wit: ABIGAL (sic) FORMAN, Widow and
administratrix of deceased and WILLIAM HOWARD,
MARY FORMAN, SAMUEL HOWARD, JANE HOWARD, HARMON HOWARD, LUCETTA HOWARD and JARROT HOWARD, children of said
deceased all of Collin County State of Texas, are his Heirs at Law. And it
further appearing to the Court that all of said children except WILLIAM HOWARD and MARY FORMAN are now minors without any other than their natural
Guardian the said ABIGAL who is also a distribute (sic) of said Estate, it is
ordered that BULLARD (?) HENRY be appointed Guardian ad litem for
said minor children to attend to their interest in the following…
Page 32
…partition and
distribution in this court of said Estate and it appearing to the Court that
there have been no advancements to any of the parties entitled to distribution,
It is considered and decreed, that the following named person to wit: GEORGE WHITE, BENJ. F. MATTHEWS, JORDAN O. VAUGHAN be appointed
Commissioners to make partition and distributions of said Estate among said
Heirs at Law in the following Shares and proportions to wit: one half off all
the land, and personal property now on hand, and to be exhibited by said
administratrix, to be appraised and allotted to ABIGAL FORMAN as widow of said deceased and Survivor of the Community
and the other half said land and personable property to be divided into seven
equal shares for each of said seven children of deceased before named, and
further that one thirs of the Negroes & their
increase belonging to said deceased be appraised and assigned to the Widow of
the deceased, his present administratrix for and during her natural life and
subject to said life Estate of said widow and two thirds of said Negroes to be
apprised and divided into seven equal shares for each of said seven children of
the deceased of ___aid and it is further ordered that the Commissioners herein
named Report their action in the premises to the next Regular term of this
Court and that a writ of partition issue to them for that purpose together with
a copy of this decree.
Ordered by the Court
that DELILAH E. ROWLAND be and she
is hereby appointed the Guardian of the persons and Estate of JAMES S. ROWLAND, ELLEN R. ROWLAND,
THERISSA ROWLAND and SALLON (?) C.
ROWLAND, Heirs of THOS. M. ROWLAND
deceased And that Letters of Guardianship be issued,
she having given bond and approved security.
Issued.
At this day came SARAH HUSTIS (?) and appoint for the
Probate of the last Will and testament of MAJOR
HUSITIS which Will has been duly Probated according to Law by taking the
Testimony of WM. LARKIN, and it is Ordered by the court that SARAH
HUSTIS (?) and HENRY HUSTIS be
appointed executors of the Will of said MAJOR
HUSTIS and that Letters issue to them and that said Will be Recorded by the
clerk of said Court and that said SARAH
& HENRY give Bond in the Sum of Two Thousand Dollars. Issued.
Ordered by the Court
that MATTHEW R. CLARK be, and he is
hereby appointed Guardian of the person and Estate of ELIZABETH N. CLARK, minor heir of the Estate of LASON CLARK, deceased, the said MATTHEW R. CLARK having given bond and
approved a security and that Letters of Guardianship be granted.
Issued.
Ordered by the Court
that WILLIAM LARKIN, GEORGE D. DRAKE,
LYMAN DRAKE, be, and they are hereby appointed appraisers of the Estate of MAJOR HUSTIS deceased.
Page 33
Ordered
that Court adjourn until tomorrow morning 8 Oct.
The County Court of
Collin County met on Tuesday the 1st day of Dec. 1857 for the
transaction of Probate business.
Present: George Pegues Chf. Justice
John
S. Lovejoy Clerk
James
Lovejoy Sheriff
By
Jas. H. Jenkins Deputy
At this Term (?) of
the Court comes WESLY A. WILLIAM by
Petition praying the Court to appoint him Guardian of the Persons & Estates
of the minors MARY S. WILLIAMS, SARAH J.
WILLIAMS and NADINE E. WILLIAMS,
Heirs of NANCY WILLIAMS, Decd. late
of D___kson County, Tennessee. It appearing to the
court that Legal notice has been given of the Filing of said Petition and the
Court being satisfied that said WESLEY
A. WILLIAMS is a suitable and competent person to receive said appointment,
Therefore it is ordered that said WESLEY
A. be and he is hereby appointed the
guardian of the Persons and Estate of said minors and that upon his giving Bond
and approved security in the sum of Three Thousand (blank) Dollars that Letters
there upon issued to him as such Guardian.
Issued.
At this time of the
court came WESLEY A. WILLIAMS by
petition praying the Court to appoint him Guardian of the persons & Estate
of the minors ALBERTSON WILSON, JAMES D.
WILSON and ALBERT G. WILSON
minor heirs of ALBT. (?) C. WILSON Decd, late of the
At this day come ISAAC STEMPSON and three (?)
Commissioners heretofore appointed to partition and divide among the Heirs at
law the landed Estate of REBECCA
PHILLIPS deceased and make their report which is approved and filed showing
that said Estate is not suitable (?) of a division, whereupon WILLIAM A. PHILLIPS and HENRY SHIELDS and CASSANDRA, his wife, two of said Heirs at law of said REBECCA elected to take the whole of
raw (?) landed estate at it appraised value and filed in open Court their obligations…
Page 34
…with two approved
securities in favor of each of the other Heirs at Law of said Estate for their
distributive shares of the same at its appraised value, due in twelve months
from date—which said obligations are examined and approved by the Court and
ordered to be filed for the benefit of the parties respectively whereinto (?)---
Ordered
that Court be adjourned until tomorrow morning 8 o’ck.
County Court of Collin County met
pursuant to adjournment.
Present Geo. H.
Pegues Chief Justice
Jno. S.
Lovejoy Clerk
Jas. H. Lovejoy Shiff.
By J. H. Jenkins Deputy
At this time of the
Court come GEO. WHITE and other
commissioners appointed at a previous term of this court to make a partition
and distribution of the estate of H. M.
ROWLAND Decd. and presented their Report to the consideration of the Court
and the Court having examined said Report carefully and it appearing formal (?)
and the Court being of the opinion that said Division has been fairly made
according to Law and no valued exceptions having been made to the same
Therefore it is Ordered that said Report be and the same is hereby approved,
and the clerk of the Court is hereby ordered to
(?) the same to Record.
It is Ordered that
the Executor of the Estate of THOS. M.
ROWLAND (?) Deced. Deliver to the distributees
their Respective shares of said Estate on (?) including all the other land (?)
and personal (?) belonging to the same.
Ordered that W. YOUNG Executor of the Estate of ELIZABETH HENDRIX decd. rent out the farm
belonging to said Estate for such price per acre as it Will bring to the
highest bidder at Public auction at the residence of the said Executor on the
(blank) day of (blank) after giving ten days notice of the time and place of
letting the same amt. (?)
Ordered by the Court
that the compliant filed against WILLIAM
PHILLIPS Guardian of JOHN PHILLIPS by JOSEPH DIXON and others, none of said complainants appearing, It is
therefore ordered that said complaint be, and it is hereby dismissed.
Page 35
At this day comes ABIGAIL FORMAN administratrix of JARROT HOWARD deceased and by leave of
the Court presents her special report this day filed-she (?) (?) and correcting
errors on her final account and report filed on the first day of this Term of
the Court-upon the consideration whereof it (?) is adjudged and decreed by the
Court—that the decree entired (?) at a former day of
this Term for the final settlement of said estate be altered and corrected as
follows: namely—by the addition of 100 dollars specified in report this day
filed as received by the administratrix-- the cash balance of 365 dollars &
18 cents stated in formig____? as appearing due on
said administratrix final account—This make the sum of 465 dollars and 18
cents-the cash balance appearing due on the final settlement of said
administratrix—subject to the future expenses of this Court and distributed
among the Heirs at law. And all of said Heirs at law being present or
represented in Court , to wit: ABIGAL
FORMAN, administratrix and late widow of deceased, and WILLIAM HOWARD, a son of full age, and daughter MARY FORMAN, wife of DEWITT C. FORMAN, and SAMUEL HOWARD, JANE HOWARD, HARMON HOWARD,
LUCETTA HOWARD and JARROT HOWARD,
minor children of said deceased all of Collin County and State of Texas, And it
farther appearing to the Court that all of said children, except WILLIAM HOWARD and MARY FORMAN, are now minors without any other than their natural
guardian the said ABIGAIL FORMAN, their mother and administratrix of said
deceased who is also a distributee of the same, it is
ordered that BUFORD HENRY be
appointed Guardian ad litem for said infant Heirs to
attend to their interests in the distribution of said Estate in this Court.
And it farther
appearing to the satisfaction of the Court, that all of the negroes embraced in
the inventory of the estate of said deceased now on file as well as their
increase, and also 320 acres of land, embraced in said inventory being a part
of the Headright of MARY SHANDIFER located on Rowlett’s Creek and purchased wholly with
negro property of said deceased, and that all the other lands and personal
property embraced in the inventory and appraisement of the estate of said
deceased now on file, are the community property of the marriage of said ABIGAIL and JARROT HOWARD deceased. And the said ABIGAIL having waived (?) in open court all her claims to a life
estate in the lands of the separate property of her said deceased husband JARROT HOWARD and it further appearing
to this Court that there have been no advancements to any of the Heirs entitled
to…
Page 36
…distribution which
are required to be brought into (?)
It is considered,
adjudged and decreed that the following named persons, to wit: GEORGE WHITE, BENJAMIN F. MATTHEWS and JOURDAN O. STRAUGHAM be appointed Commissioners
to make partition and distribution of said estate among said heirs at law, in
the following named shared and proportions, to wit, one half of the following
described tracts of land, namely 320 acres on Spring Creek, 120 acres on the
same, 196 ½ acres on Little Rowlett, 426 acres on same, all in said Collin
County and State of Texas and 380 acres in Dallas County on Turkle (Turtle?) Creek, and all of personal property embraced in the
inventory of said estate now on hand and to be exhibited to said commissioners
by said administratrix to be appraised, divided and allotted to said ABIGAIL FORMAN, as widow of said
deceased and survivor of the community of said estate. And the other Half of
said lands and personal property be appraised divided and allotted into seven
equal shares for each of said several children of said deceased, being seven in
number, and Farther that one third of the negroes specified in the inventory of
said estate, or their increase belonging to the same be appraised, divided and
allotted to said ABIGAIL FORMAN, as
widow of said deceased to be held by her for her own use and benefit for and
during the term of her natural life, with re____? to
said children of said deceased as his heirs at law in (?) their said several
shares and proportions after the termination of said life estate.
And the other two
Thirds of said negroes be appraised, divided and
allotted into seven equal shares for each of said several children of said
deceased.
And farther to
appraise, divide and allot a tract of land of the estate of said deceased
specified in the inventory of the same as 320 acres on the waters of Rowlett’s
Creek in Collin County and State of Texas, being a part of the Headright (of) MARY
STANDIFER, and purchased with separate negro property of said deceased,
into seven equal shares for each of said seven children of said deceased, or
connection (?) with the division of the other property herein specified and
ordered to be divided among said children, so as to make each of their shares
of the whole property, allotted to them equal,
It is farther ordered
that a writ of partition with a copy of this decree issue to said commissioners
with orders to report their action herein at the next regular Term of the
Court.
Issue.
Page 37
At this time of the
court comes JOHN J. GORD (?) by
petition praying the court to decree (?) him title to certain tract of land
sold by M. R. FOSTER & Wife in
the life time of the said M. R. FROST
to ELI MURPHY by Bond, being ate 11th
day of Feb. A. D. 1854 which said Bond was lawfully (?) transferred to the said
GORD (?) by the said MURPHY. It appearing to the Court that
the clerk of this court has issued a citation with a copy of said Petition or
complaint which has been issued (?) on the Administrator of the Estate of said M. R. FOSTER the return of which service
(?) of citation and copy of complaint has been duly made by the sheriff of
Collin County, Texas at this time of the court and the court being fully
satisfied that said sale was legally made. Therefore it is ordered by the court
that JOHN M. SALMONS, Administrator
of said Estate make title of said Land to the said JOHN J. GOOD (?) in accordance with the t___? of
said Bond.
At this time of the
Court comes MARY A. HENRY (MURRAY?) by Petition praying the Court
to appoint her Guardian of the Person and Estate of the minors
And
Heirs
of (blank) Decd.
and
the Court being satisfied that legal Notice has been given of the filing of
said petition and that said MARY A.
is a suitable and competent person to receive (?) said appointment. Therefore
it is ordered that said MARY A. be
appointed the Guardian of the Person and Estate of said minors and that she
give bond in the sum of (blank) dollars and that upon giving such bond Letters
issue to her.
Whereas upon the
suggestion of E. D. (?) McCOY, husband of SARAH
McCOY one of the Heirs
of the Estate of REBECCA PHILLIPS dec. upon examination of the Order passed at the last term
of this Court it appears that the notes files a m________ in a previous Order
of this term (?) have not been given in accordance in the law. Nothing of the
size to which the distributees mentioned therein (?) are entitled. Therefore is hereby Ordered by the Court that
said Order previously made at the term of this Court pertaining to said Estate
be annulled and the Estate of said REBECCA
PHILLIPS be hereby reinvested (?) in her lawful heirs, and this the notes
mentioned in said Order are hereby declined (?) to be canceled and s____? to the orders of the (unreadable). It is further Ordered
that said cause (?) be continued until next term of this Court.
Page 38
Whereas MELINDA E. SHAW widow of SEABORN SHAW deceased having made
application to this court for the probate of the last will and testament of the
said SEABORN SHAW decd. and for the
appointment of herself the Executria (sic) of said
last Will and testament and said application having been duly advertised
according to Law and Whereas the said MELINDA
E. SHAW filed to attend. It is therefore ordered by the Court that said
cause be continued untill (sic) the next term of the
Court.
Now at this time
comes JACOB BACCUS admr. of the Estate of JOHN
BARHAM (BARTRAM?) Decd. and
having himself (?) filed his final account for the settlement of said Estate,
and notice having been given thereof as the law directs, and no person having
filed any objection to the same, and said final settlement having been
inspected by the court It is now ordered that said Estate and that the said BACCUS be and he is hereby released and
fully discharged from further duties, as the administration of JOHN BARTRAM decd.
Ordered
that Final settlement of the Estate of LANDON
CLARK Decd. be continued until the next term of this Court.
In the matter of the
estate of
JONATHAN & REBECCA PHILLIPS,
Decd. GRAFTON WILLIAMS, ISAAC STIMPSON &
JOSEPH
DIXON, Commissioners heretofore appointed to divide &
partition the Community property of said JONATHAN
& REBECCA PHILIPS, having made their Report in vacation. It is ordered
that the Said Report be approved and confirmed.
Ordered
that Court adjourn until next Term.
Geo.
H. Pegues,
Chief
Justice
Page 39
Blank
Page 40
State of
Be it Known that the
County Court of Collin County met on Monday the 28th day of December
1857 for the transaction of Probate business.
Present and acting George H. Pegues, chief Justice
John
L. Lovejoy, clerk
By
Buford Henry, Depty. Clk.
Jas.
H. Lovejoy, Sheriff
By
J. H. Jenkins Dept.
This [day] comes MEREDAY ASHLOCK, the surviving husband
of SARAH ASHLOCK, deceased, by
petition this day filed praying the Court appoint commissioners to appraise and
make out inventory of the community property of the said MEREDAY ASHLOCK, and said SHARAH
ASHLOCK deceased.
It is therefore
ordered by the court that GODFREY
BACCUS, CHARLES F. FOX (?) and DAVID
MELTON (?) be and they are hereby appointed the appraisers of the said
Community property of the said MEREDAY
ASHLOCK and SARAH ASHLOCK,
deceased, and make Report to the next term of this court.
Ordered that the
court adjourned untill (sic) tomorrow morning 8 o’clock.
Tuesday, Decr. 29th
1857 Court met pursuant to adjournment.
Present George H. Pegues chief Justice
John
L. Lovejoy Clerk
By
Buford Henry, Depty. Clk
Jas.
H. Lovejoy, Sheriff By J. H. Jenkins, Depty.
Sheriff
The day comes JAMES T. FISHER by petition praying for
letters of administration upon the estate of JOHN Y. (?) MILLER deceased, and it appearing to the satisfaction
of the court that lawful notice of said application had been given, It is
therefore ordered by the court that the said JAMES T. FISHER be and he is hereby appointed administrator of the
Estate of the said JOHN Y. (?) MILLER
deceased and that Letters of Administration be and is hereby granted to the
said JAMES T. FISHER, he having
given bond and approved security (issued).
Ordered by the court
that JOSESPH
This day comes the
committee appointed by this court, appraisers of the community property of JOHN W. MITCHEL and MARTHA (MARTHY?) MITCHELL and makes
their Report, which having been examined and approved by the court, and ordered
to be filed.
Page 41
Ordered by the court
that the [court] be adjourned to 8
o’clock tomorrow morning.
County Court met
pursuant to a (sic) adjournment Wednesday, Decr. 39th, 1857.
Present and
acting: George H. Pegues Chief
Justice
John
L. Lovejoy Clerk
By
Buford Henry, Depty. Clk
Jas.
H. Lovejoy, Sheriff By J. H.
Jenkins, Depty. Sheriff
At this day comes JOHN M. SALMONS administrator of the
Estate of MAIZE R. FOSTER, deceased,
and Represents to the court that these are debts outstanding against said
Estate, and that there are no means in his hands to pay said debts, and prays
the court to set apart and to order the sale of a certain piece or tract of
land belonging to said Estate of MAIZE
R. FOSTER deceased.
It is therefore
ordered by the Court, that the said JOHN
M. SALMONS, admr. of said Estate, proceed to sell the following described
tract or parcel of land belonging to said Estate, giving due notice of the time
and place of sale as the law directs and make Report of said sale to this court
to wit about thirty three and one quarter acres being a part of a 640 acre
survey made in the name of said MAIZE R.
FOSTER deceased Bounded on the West by Rowlet’s Creek, on the North by
lands sold by said M. R. FOSTER, to HARRY MAXWELL out of said survey, on
the East by a survey made in the name of the Heirs of JAMES MAXWELL deceased, on the South , by a tract sold by the
administrator of the Estate of the said MAIZE
R. FOSTER deceased to MANLY S. BECK,
said sale to be made on a twelve months credit, purchaser given bond &
approved security and (blank space) Mortgage on said land.
At this day comes GEORGE McGARRAH the administrator of
the Estate of JOHN MANNING deceased
and Represents to the court that there are debts outstanding against said
Estate and that there is not a sufficiency of assets, of said Estate in his
hands to pay said debts. It is therefore ordered by the court that about
Seventy Eight acres of land belonging to said Estate of JOHN MANNING is hereby ordered by the court that Seventy Eight
acres of land belonging to said Estate be sold by the said GEORGE McGARRAH administrator of said Estate on the first Tuesday
in February giving Notice of the time and place of said sale according to Law
and make Report of said sale of said land to the next term of this court there
after said land described as follows: Situated N W of the Town of McKinney
adjoining South of this Headright of THOS.
Y. (?) McDONALD said Sale to be made on a credit of Twelve months and that
the purchaser or purchasers thereof give bond and approved security and that a
lien be held upon said land by Mortgage, executed by the purchaser or
purchasers of said land.
Page 42
Whereas it appearing
to the court that MELINDA SHAW widow
of SEABORN SHAW deceased who made
application to this Court for the probate of the last will and testament of
said SEABORN SHAW decd. and to be
appointed the executrix of said Will and testament which application was
continued at the last term of this court and the said MELINDA E. SHAW not appearing at this term of the Court. It is
therefore ordered that this case be continued to the nest term of this court.
Whereas JAS. S. BRADLEY made complaint to this
court, in writing which said complaint is filed in this court, praying that the
administrator of the Estate of EDWARD
BRADLEY decd. make title to a certain tract or parcel of land, sold by the
said EDWARD BRADLEY decd. to the
said JAS. S. BRADLEY the said EDWARD BRADLEY decd executing to the
said JAS. S. BRADLEY his bond
whereby, the said EDWARD BRADLEY
binds himself, his heirs, administrators &c. to make and secure unto the
said JAMES BRADLEY his Executors,
administrators & assignees a good & lawful Deed, to said tract or
parcel of land, and it appearing to the court that citation has been duly
served upon said administrator, of said Estate of EDWARD BRADLEY decd. and duly Returned into this Court and Whereas
it appearing to the court that said sale was legally made, It is therefore
ordered by the court that the administrator of the Estate of the said EDWARD BRADLEY make title to the said JAMES
S. BRADLEY according to the tenor of the bond, of the said EDWARD BRADLEY decd. to the said JAMES S. BRADLEY.
At this day comes CASSA BAILEY and AMANDA C. YEARY alias AMANDA
C. REGAN citizens of the county of Jack & State of Texas and Represents
to this court that they are the Legatees of ELIZABETH HENDRICKS deceased of Real and personal property in
Collin County, by Will of said ELIZABETH
HENRICKS decd. and that they have never Received lawful possession of said
property, It is therefore ordered by the court that citation be issued and
served upon the Executor of said Estate of ELIZABETH
HENRICKS deceased to appear at the next term of this court and show cause
why said Real and personal property shall not be delivered to the said CASSA BAILEY and AMANDA C. YEARY alias AMANDA
E. REGAN.
Whereas it appearing
to the court, that citation has not been served upon the parties, in the
Petition WM. R. HICKS & NANCY HICKS
vs. A. T. ROBISON admr. of the
Estate of ROBERT SKAGGS decd. It is
therefore ordered by the court that citation be opened, and served upon the
parties interested in said Estate, to appear at the next term of this court.
Page 43
Ordered that HARRISON JAMESON Admr. of the Estate of
LANDON (?)
Whereas at January
(?) Term of this Court the Commissioners appointed to make Partition and
Distribution of certain property between the Heirs of JONATHAN and REBECCA
PHILLIPS deceased report to the Court that there are certain lands
belonging to said Estate that are not susceptible of divisions and whereas it
appears that WILLIAM A. PHILLIPS and
HENRY SHIELDS and CASSANDRA SHEILDS, his Wife, Heirs of
Said Estate have agreed to take Said Land which is fully described in the
report of said Commissioners and whereas in said agreement all the advancements
that have been made to each of the heirs to said Estate have been taken into
consideration and proved for the Court and the said WILLIAM PHILLPS and HENRY
SHIELDS and Wife having given bond and approved Security for the payment of
the appraisement value of said Lands to the persons entitled thereto which
bonds are made payable twelve months after date thereof. Therefore it is
ordered that said bonds be and they are thereby approved and the title of said
Lands is hereby declared and decreed to be vested in said WILLIAM A. PHILLIIPS and HENRY
SHEILDS and CASSANDRA SHEILDS
his wife.
Ordered that court
adjourn until the next regular Term.
Geo.
H. Pegues,
Chief
Justice, C. C.
County Court for Probate business
In Vacation January 8th
1858
Upon
the petitions of RACHEL WEDDLE Surviving
wife of BETHEL WEDDLE deceased to
appoint appraisers to act and assist in make out Inventory and appraisement of
the Community property of the said BETHEL
WEDDLE deceased and herself. It is ordered by the Court that ENOCH E. PEGUES, S. E. DONALDSON and SANDFORD BECK be and they are hereby
appointed appraisers of the said community Property and make report of the same
at the next Term of the Court.
Geo.
H. Pegues Chief Justice
Page 44
State of Texas County Court Collin Co. January
Term
The county court of
Present: John L. Lovejoy, Clerk
Jas.
H. Lovejoy, Sheff.
By
J. H. Jenkins, Deputy
The Chief Justice not
appearing court adjourned until Tuesday the 26th day Jany. 1858.
Tuesday, 26th Jany. 1858.
Be it Known that the
court of Collin
Present: Geo. H. Pegues,
Chf. Justice
John
L. Lovejoy, clerk
J.
H. Lovejoy, Sheff.
By
J. H. Jenkins, Deputy
At this day comes the appraisers and commissioners of Partition and
Division of the Estate of MAJ. HUESTIS
[HUSTIS?] decd. which has been examined and is hereby approved by the court
and ordered to be Recorded.
At this Term of the
Court comes JAS. KEELING and ELI BAKER, Administrators of the Estate
of SAMUEL and JANE (?) FRENCH decd. and filed with the court their Final Account
for settlement of said Estate. Where upon it is ordered that
the clerk of the Court five at least twenty days notice of the filing of said
account.
At this Term of the
Court comes ROBT. FITHUGH, WM. SNIDER
and JOSEPH DIXON appraisers of the
Estate of JOHN J. MILLER (?) decd
and presented to the consideration of the court an appraise Bill and Inventory
of said Estate which being duly examined is herby approved and ordered to be
filed.
Ordered that R. M. MUGG,
Page 45
At this day comes G. S. BACCUS, D. MELTON and D. FREG (FOX?) appraisers of the
community property of M. ASHLOCK and
SARAH ASHLOCK and present to the
court an Inventory and appraisement of said property which has been examined
and is herby approved and ordered to be recorded.
At this day comes HARRISON JAMISON administrator of the
estate of LARCER (LANCEN/LANSON?)
Ordered that court be
adjourned until tomorrow morning 9 O’clock A. M.
State of
Geor. H.
Pegues, Clf. Justice
John
S. Lovejoy, Clerk
Jas.
H. Lovejoy, Shiff.
By
J. H. Jenkins, Deputy
Ordered that the
Final Settlement of the W. B. WEAR &
TALTON Executors of the Estate of THOS.
M. ROWLAND decd. be continued until next term of
the court.
At this Term of the
Court comes WM. B. WEAR JR.,
Guardian of NANCY B. PITTMAN and
present to the consideration of the court an account of sale of certain Landed
property therein described made in obedience to a former order of this court
and the court having inquired into the means in which sd.
Sale was made and being satisfied that it was fairly made and in conformity
with law, It is ordered & decreed that sd. sale
be confirmed and that said account thereof be Recorded.
Ordered that MICAHEL HUFFINSON (?), SILAS HARRINGTON
and JOHN SPEARS (?) be and they are
hereby appointed appraisers of the Estate [of] JONAS (?) HUFFMAN minor Heir of JOSEPH HUFFMAN decd. and that they Report at the next term of this
court. Issued.
Page 46
Ordered
that the application of SARAH SHAW
for Probate of Will be continued until the next term of this court.
Ordered
that the application of CASSA BAILEY
and AMANDA C. YEARY be continued
until the next term of this court.
This day the Petition
of NANCY HICKS and her husband W. R. HICKS came on to be heard, and
citation….[this entry is overwritten with the work ERROR several times and is
thus omitted here-entry had something to do with the estate of ROBERT SKAGGS]
Ordered that the
application of NANCY HICKS & WILLIAM
R. HICKS for the distribution of the Real (?) Estate of ROBERT SKAGGS continued until the next
court Term.
Ordered that GEO. WHITE, J. O. STRAGHAM and B. F. NATHANS (?) be
allowed until the next term of this court to make their Report as commissioners
of Partition & distribution of the Estate of JARROT HOWARD decd.
Ordered
that court be adjourned.
Geo.
H. Pegues,
Chief
Justice C. C.
State of
Present
GEO. H. PEGUES Chf. J., J. S. LOVEJOY, clk.
Ordered by the Court
that R. M. MUGG ARCH WHITE and BENJAMIN WHITE be appointed appraisers
to Vallue (sic), appraise and return to the court an
Inventory of the community property of FRANCES
S. BLANTON and his deceased wife MARY
M. BLANTON decd.
Issued.
Page 47
State
of Texas County Court Collin
Co. In Vacation
Present; Geo. H.
Pegues Chf.
Justice
J. S. Lovejoy Clk.
At this day comes GEO. McGARRAH,
Admr. of the Estate of JOHN MANNING decd. and returned to the court an account in Writing
of the sale of certain land which is ordered to be filed.
At this day comes SARAH J. KIRKPATRICK, Widow of JACOB KIRKPATRICK decd. late of Collin
Co. by her petition showing that their (sic) is a considerable quantity of
community property belonging to her and said deceased and asks the court to
appoint appraisers to appraise said property and make return thereof to the
court, therefore it is order that said Petition be filed.
It is ordered that JOSEPH
Ordered
that Court adjourned (sic).
Geo.
H. Pegues, C. J.
Page 48
State of Texas County Court Collin Co. Feby Term 1858
Be it Known that the county court of
Present Geo. H. Pegues, Chief Justice
John
S. Lovejoy, Clerk
Jas.
H. Lovejoy Shiff
By
J. H. Jenkins, Deputy
Estate
of ELIZ. CHENWORTH
At this Term of the
court comes JOHN C. BATES, Guardian
of ELIZABETH CHENWORTH a minor under
the age of 14 years and represents to the court that said minor has not a
sufficient means for her support and Education and to pay the debts against her
Estate without a sale of a portion of the lands belonging to the same, and
after due consideration the court being fully satisfied that the
representations in his said application are true therefore it is ordered that a
citation be given in the Dallas (??) should for five successive weeks which
citation shall state the application for said sale—the property sought to be
sold and the term of the court when the same will be acted on and shall ?? all persons
interested in the Well fare (sic) of said minor to appear and show cause why
such sale shall not be made as applied for, said application to be acted on at
the April Term 1858 of the Court.
Estate
JNO. MANNING decd.
At this term of the
Court comes up (?) for examination and consideration of the Court, the Account
of sale of certain land belonging to the Estate of JOHN MANNING decd. made by GEORGE
McGARRAH, Administrator of said Estate under a
former (?) order of this Court and a return thereof made and duly noted in
Vacation and the Court having inquired into the means in which said sale was
made, and being satisfied that [it} is was fairly made and said account in
conformity with law. Therefore it is ordered and decreed by the Court that said
sale of said lands and the account thereof as filed with the Court be confirmed
and that said account thereof be Recorded by the clerk
and that a conveyance is made to JOHN S.
LOVEJOY the purchaser of the said sale.
Guardianship
JNO. W. CHILDERS
At this term of the
court comes JOHN W. CHILDERS a minor
heir of ROBERT and EMILY CHIILERS, late of Grant (?) County,
Page 49
Therefore the said LUCAS is herby appointed as such
guardian and he is required to give Bond in the sum of ($1800) Eighteen Hundred
Dollars and that Letters ip___(?)
to him upon his giving said bond & security. Issued.
Estate of JACOB KIRKPATARICK decd.—community—At this time of the Court is
returned and filed with and for the consideration of the Court an Inventory and
appraisement of the community property of JACOB
KIRKPATRICK decd. and SARAH J.
KIRKPATRICK his surviving Widow made under a former order of this court,
which has been duly considered and examined by the Court and is herby approved
and ordered to be filed and Recorded by the Clerk of said Court.
Estate
of
At this term of the
Court is returned and filed with and for the consideration of the court, an
Inventory and appraisement of the community property of BETHEL WEDELL and R. B.
WEDELL surviving Widow of said decd., made under a former order of this
Court—which has been duly considered and examined by the Court and is hereby
approved and ordered to be filed and Recorded by the clerk of said court.
The
application of JAS. KEELING and ELI BAKER
for Settlement Estate SAML. & JANE
FRENCH decd. Continued.
Guardianship
of minor children T. M. ROWLAND
decd.
Ordered that GEO WHITE, ISREAL C. WILSON and TALTON CUMMINS be appointed appraisers
of the Estate of the minors JAS. S.
ROWLAND, ELLEN R. ROWLAND, THAIRA V. ROWLAND and TALTON C. ROWLAND, Heirs
of THOS M. ROWLAND, decd.
Issued.
At this Term of the
Court comes GEO. WHITE,
At this term of the
Court to which the final settlement of the estate of THOMAS M. ROWLAND deceased was hereto fore continued, appeared TALTON CUMMINS, Executor of said Estate
and on his report this day filed it is ordered that said Executor proceed to
pay all attached claims against said Estate…
Page 50
…and
that final settlement of the same be postponed to the next regular Term of this
Court.
Estate
of WM POWELL decd.
On motion of JOHN l. LOVEJOY (unreadable) of the
Estate of WM POWELL decd it is
ordered that WM REGUS, Administrator
of the same be cited to appear at the next Regular term of this Court and made
and exhibit of the condition of the same.
Estate
of A. G. COMER (?)
On motion of JOHN L. LOVEJOY a c____? of the Estate
of A. G. COMAR (?) it is ordered
that LUCY W. ELATON (?)
administratrix of said Estate to appear at the next term of this Court and show
cause why the debts against the same have not been paid and to render an
exhibit of the condition thereof.
Issued.
On the motion of JOHN L. LOVEJOY condition of the
estates of GEO McNEIL
decd & WM. M. GAMBLE, decd, it is ordered that the
administratrix thereof be cited to make an exhibit of the condition of the
same.
Ordered
that Court be adjourned until tomorrow 8 o’clock a. m.
Tuesday
Feby. 25th
1l858
State of
Present Geo. H. Pegues, C. J.
John
S. Lovejoy, Clk.
J.
H. Lovejoy, Shiff.
By
Jas. Jenkins, Deputy
Estate of A. COOPER, dec.
It is order that FRANCIS
NENGLE, late widow of ALEXANDER
COOPER decd., be allowed the sum of One Hundred dollars as a yearly
support, which she can sale (?) as the statute point out (this allowance is
made in law of an allowance that should have been made at the first time after
an Inventory and appraisement of said Estate was returned to this court by the
Administrator which the Court failed to make.
It is Ordered that C.
A. COOPER, a minor child of ALEX
COOPER and be allowed seventy five dollars as a yearly support to be
selected as the law points out this order made upon the same grounds that the
(unreadable) of Allowance to FRANCIS
NAGLE was made.