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December Term A. D. 1858

State of Texas At this day December 28^th A. D. 1858 The Honorable

County of Collin County Court of Collin County Exercising

Probate jurisdiction Met in the Town of

McKinney

Present J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Sheriff

 

At which said Term the following business was had:

 

Estate of SAML. S. BLACKBURN Deceased.

Now at this day comes JOSEPH M. BOUNDS, Administrator of said Estate and filed his Report and account of sale made by him by virtue of an order and decree of this court made at the last October term thereof by which said administrator was ordered to sell lots fifty six and fifty seven in Block seven in the Town of McKinney belonging to said Estate, and it appearing from said Report that said administrator sold the said Lots at Public auction on the 7^th (?) day of December Instant in pursuance of said order, and that EDWARD L. MORRIS became the purchaser at said sale for the sum of one thousand and thirty five Dollars, and this court having inquired into the manner in which said sale was made, and being satisfied that it was fairly made and in conformity to law, it is therefore ordered adjudged and decreed by the Court that said sale be in all things confirmed and the account thereof be Recorded by the Clerk and it is further ordered adjudged and decreed that the said administrator make and deliver to the EDWARD L. MORRIS a deed of conveyance of the said Lots as above described, upon Receiving from this MORRIS the security required by Law.

 

Estate of JOHN J. MILLER Deceased

At this day come ROBERT FITZHUGH and JOSEPH DIXON, commissioners appointed at a previous Term of this Court to appraise said Estate and filed their Inventory and appraisement of Estate. Ordered by the Court that said Inventory and appraisement be approved and Recorded by the clerk.

 

Estate of PETER F. LUCAS Decd.

At this day come JOHN M. McKINNEY, JAMES SNIDER and JAMES LOVELADY commissioners appointed at the Novr. Term of this court, and filed their Report. Ordered that said Report be approved and Recorded by the Clerk.

 

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Estate of the Minor Heirs of JARROT HOWARD Decd.

 

At this day comes J. O. STRAUGHAM Guardian of JARROT, SAML., CYNTHIA, HARRISON and JAMES HOWARD, minor heirs of JARROT HOWARD Deceased, and made Report of the sale of Personal property belonging to said Minors, and the Court being satisfied that said sale was fairly madered (made?), ordered by the court that said sale be in all thing confirmed, and that the same be Recorded by the Clerk.

 

Estate of the Minor Heirs of JARROT HOWARD Decd.

At this day comes J. O. STRUGHAM, Guardian of JARROT, SAML. CYNITHA, HARRISON and JAMES HOWARD, Minor Heirs of JARROT HOWARD deceased, and Represents to the court that it would be to the interest of said minors to hire out some one or two Negro children belonging to said minors, ordered by the court that said Guardian proceed to hire said negroes for the space of Twelve months at private sale.

 

Estate of THOMAS A. BOREN Deceased

At this day comes W. G. ROBINSON, F. TWEDDLE and JOEL GLOVER, commissioners appointed at the Novr. Term of this court to appraise the Estate of said deceased and filed their Inventory appraisement of said Estate, ordered by the Court that Said Inventory and appraisement be approved and Recorded by the clerk.

 

Estate of the Minor Heirs of THOS. M. ROWLAND Decd.

At this day comes TARLTON CUMMIUS Guardian of the person and Estate of THOMAS M. and NANCY H. ROWLAND Minor heirs of said Estate and Reports to this court that in addition to the property heretofore inventoried as belonging to his said wards, he has collected for them from the Estate of J. C. M. HODGE in Missouri a distribution share after deducting all expenses of collection Equal to the sum of 27 dollars and 65 3/8 cents each, and files the receipts of JOHN L. LOVEJOY former clerk for 4 dollars and 20 cents costs paid by him, also J. H. HENRY’S Receipt for one dollar and 5 cents tuition fee paid for NANCY H. ROWLAND also that he has paid in cash to the said NANCY the sum of (10 ) ten dollars for the necessary expenses, and he represents to the Court that JOHN W. ROWLAND one of his said wards is now of full age and prays permission of the court to pay over to him his said distributive share, as well as all his other property derived from his parents’ Estate or in the hands of his said Guardian and to be discharged from further Responsibility therefore. Ordered by the court that said Report be and it is hereby approved and that said Receipts for necessaries be allowed. And it is further ordered that the said TARLTON CUMMIUS Guardian as aforesaid, be and he is hereby…

 

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…authorized to pay over to his said Ward JOHN W. ROWLAND, his distribution share, as well as all this other property derived from his parents’ Estate, or that is in the hands of said Guardian to which his said Ward JOHN W. ROWLAND is entitled, and that the said TARLTON CUMMIUS Guardian as aforesaid be and he is hereby Released from any further responsibility therefore upon his filing in this court a Receipt from under the hand of his said Ward JOHN W. ROWLAND, for the same.

Estate of the Minor heirs of THOMSON & ABIGALE HELMS Deced.

At this day comes THOMAS KENDALL Guardian of said Heirs, and files his Annual Report and settlement ordered by the court that said Report be approved and Recorded by the clerk.

 

Ordered that court be adjourned untill (sic) tomorrow

morning 8 o’clock.

 

Pursuant to adjournment Court met Decr. 29^th 1858.

Present J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Henry Sheriff

 

Estate of RICHARD M. MUGG Deceased

At this day come ELISHA CHAMBERS, who filed in this court his application for Letters of administration on said Estate, and it appearing to the court that notice of said application had been given as the law Requires, and there being no objections filed in this court to said appointment ordered by the court that the said ELISHA CHAMBERS be and he is hereby appointed administrator of said Estate, and that Letters be granted and issued to him upon his giving and filing his bond in the sum of twenty thousand Dollars and that PLEASANT WILSON, JONAS DAWSON and ANDREW J. McANAIR be and they are hereby appointed to appraise said Estate and made Return to this court within the time prescribed by law.

Letters Issued Decr. 28^th 1858

Attest Buford Henry Clerk

 

 

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Estate of JAMES STALLCUP, Decd.

At this day comes THOMAS STALLCUP, who files his petition in this Court, for letters of administration upon the Estate of said JAMES STALLCUP Decd. Novr. 23^rd 1858 and it appearing to the court that notice of said application had been given as the Law Requires and there being no valed (valid?) objections filed in this court to said petition, ordered by the court that THOMAS STALLCUP be and he is hereby appointed administrator of said estate, and that letters be issued to him upon his giving bond with security for the sum of six thousand dollars.

Issued.

 

Estate of ROBERT SKAGGS Decd.

At this day come the commissioners appointed at the Novr. Term of this court, to make partition and distribution of said Estate among the heirs thereof and filed in this court their Report, and said Report having been carefully examined by the court, and it appearing to the court that said division had been fairly made according to law ordered by the court that said Report be and it is hereby approved and ordered to be Recorded, and it further appearing to the Court from said Report that the Lands belonging to said Estate could not be partitioned among the heirs of said Estate without manifest injury to said distributees and no one nor any of the said distributes electing to take said lands at the appraised value, Ordered therefore by the Court that the administrator of said Estate proceed to sell said Land to wit: 424 acres as per the plat Returned to this court by said commissioners on a credit of Twelve months at public auction at the court house door in the Town of McKinney on Tuesday the first day of February A. D. 1859, within the hours of 10 A.M. and 4 P. M.. giving notice of the time and place of such sale so to be made, twenty days at least before said sale posting a notice of such sale at the court house, and at two other public places in the county where said sale is to be made but not in the same Town taking bond and good Security from the purchaser or purchasers thereof for the payment of the purchase money, together with a lien on said land so sold, and make Report to this Court.

 

Estate of THOMAS F. BOREN Decd.

At [this] day come MOSES JONES Executor of said Estate and Represents to the Court, that there is a Necessity for the sale of a part of the personal and Real property belonging to said Estate for the payment of Debts against said Estate and the Expenses of Executorship. Ordered by the Court that the said Executor proceed to sell the property as first specified in the will of said

Testator, in accordance to said will after having said land as mentioned in said will surveyed.

 

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Estate of Minors Heirs of THOMPSON and ABIGALE HELMS Decd.

 

At this day come THOMAS KINDALL Guardian of said Heirs and asks the Court for an allowance for the keeping of said Heirs. Ordered by the Court that $180 be and is thereby allowed the said Guardian for the Keeping of said heirs to this date, which leaves a balance in cash in the hands of said Guardian of $1106.07.

 

Estate of ELIZA WETSEL former wife of PETER WETSEL community property.

At this day comes up this cause to be heard and whereas at the former term of this court upon the return therein of Inventory and appraisement of said Estate. Where upon the Court Required that the said PETER WETSEL give security and whereas said cause has been continued from term to term of this Court on account of the absence of the said PETER WETSEL and whereas the Court upon a more careful examination of An Act Supplementary to the Act of March 13^th 1848 entitled “an act better defining the Martial Rights of Parties,” the Court is of the opinion that the said at does not require the surviving husband or wife to give security unless there be complaint made to the Court. Ordered therefore by the Court that said Inventory & appraisement be Recorded.

J. J. Harrison Chief Justice

 

Special Term in vacation

County Court Collin County Exercising probate jurisdiction January 19^th `859

Estate of JAMES. STALLCUP Decd.

 

At this day comes THOMAS STALLCUP admrs. of said Estate and asks the court to appoint appraisers of Said Estate. Ordered that JOEL F. STENSIS, SAML. P. BROWN and WM. A. BROWN be and they are hereby appointed to appraise said Estate and make Report to this Court.

J. J. Harrison

Chief Justice Collin Co. Texas

 

In vacation

County Count Collin County Exercising probate Jurisdiction

January 28^th 1859

Estate of RICHD. M. MUGG, Decd.

At this day comes ELISHA CHAMBERS admr. of said Estate and Returns Inventory and appraisement of said Estate ordered by the Court that the Clerk Record the same.

J. J. Harrison Chief Justice

Collin County, Texas

 

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January Term 1859

State of Texas At this day January 31^st A. D. 1859 The

County of Collin Honorable County Court of Collin County

Exercising Probate jurisdiction met

in the Town of McKinney.

Present: John J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

Estate of SAML. and JANE FRENCH Decd.

At this time come

ELI BAKER and JANE KEELING administrators of said Estate and filed their account for final settlement of said Estate ordered by the court, that the Clerk give the Notice Required by Law of the filing of said account Hartley’s Digest Article 1858.

 

Estate of PEACHY E. FRENCH Minor heir of SAML. & JANE FRENCH Decd.

At this day comes JAMES KEELING Guardian of said Minor and filed his annual Report ordered by the Court that the same be approved and Recorded by the clerk.

 

Estate of RACHEL ELLAM (?) Minor

At this day comes JACOB ROUTH Guardian of said Minor and filed his Report which said Report is approved and ordered by the Court that the Clerk Record said Report.

 

Estate of LANSON CLARK Decd.

At this day comes HARRISON JAMISON, commissioner appointed by this court at a previous term of said court to make sale of certain Lands and Slaves belonging to said Estates, and files his account of sales and the court inquiring into the manner in which said sale was made, and it appearing to the court that said sale was fairly made and in conformity to Law, ordered by the court that said sale be confirmed, and that the same be Recorded by the clerk, and it further ordered and decreed by the court that said commissioner make conveyance of said lands and Slaves to the purchasers thereof by their complying with the terms of said sale, said commissioner paid into court seven hundred and seventy five Dollars and twenty five cents the one fourth of said sales cash in hand paid.

 

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Estate of PHILIP D. CROME minor

At this day comes JAMES FOREMAN Guardian of said Minor and asks the court to appoint appraisers to appraise said Estate. Ordered by the Court that BENJ. F. MATTHEWS, ROBERT CARPENTER and WM. BEVERLY be and they herrby appointed to appraise said Estate and make Report to this court.

 

Ordered by the court that court be adjourned till tomorrow morning 8 o’clock.

 

Court met Tuesday February 1^st 1859

Present: J. J. Harrison Chief Justice

Buford Henry Clerk

Jas. L. Read Depty. Sheriff

 

Estate of JOHN J. MILLER Decd.

At this day comes JAMES L. (F.?) FISHER administrator of said estate and makes his annual Report and statement of the condition of said Estate, and asks the court for an order to sell the personal property belonging to said Estate, and to Rent the premises of said Estate, ordered by the Court that the said administrator proceed to sell the personal property of said Estate, to wit the Stock consisting of horses, cattle, sheep, farming utensils, and house Rails, for cash, in hand, and also to Rent the premises belonging to said Estate untill (sic) the first of October Next for cash payable at the expiration (?) of time of letting which said sale of personal property and the Renting of the said premises to be at public auctions, first giving ten days Notice of the time and place of said sale and Renting, said sale of the personal property to continue from day to day untill (sic) the same is all sold or so much of said property as can be found, the selling to be within the hours of 10 A. M. and 4 P. M. The Rentor (renter) of said premises to give bound (bond) and good security.

 

Estate of SAMUEL HOWARD Minor

At (this) day come J. O. STRAUGHAM Guardian of said Minor, and Represents to the court, that there are debts due his said Ward, and that it would be to the interest of said Ward to take in payment for said debts 95 acres of land set apart for MARY FOREMAN in the partition and distribution of the Estate of JARROT HOWARD deceased, and the court being of the opinion that it will be to the interest of said Minor SAMUEL HOWARD, Ordered by the Court that J. O. STRAUGHAM Guardian of said Minor…

 

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…be and he is hereby authorized to purchase said 95 acres of land for the use of his ward, in the payment of said debts as herein specified, and secure title for the same, for his said ward.

 

Estate of GEORGE W. GUNNELS and POLLY GUNNELS Community property

At this day comes GEORGE W. GUNNELS and files his Petition praying the Court to appoint commissions to appraiser said Estate. Ordered that JAMES MAXWELL, ALLEN MEMILION (?) and WILLIAM SACHSE be and they are here appointed to appraise said Estate and make Report to this court.

 

Estate of THOMAS F. BOREN Deceased

At this day comes MOSES JONES Executor of said Estate and files an account of sale of Personal property belonging to said Estate, ordered by the court that the same be confirmed and Recorded by the Clerk.

 

Estate of WM. BUTLER Decd.

Ordered by the Court that HARRISON JAMISON be permitted to withdraw from this court a petition filed by the said H. JAMISON administrator of said Estate at this term of the court that he may make out his account for finnal (sic) account of said Estate.

 

Estate of WM. SHERLY (SHIRLEY?)

And now at this time came the administrator of said Estate and upon his petition and the facts of this case, the Court being satisfied that said admr. had paid the sum of $175.32 two judgments pending against said SHIRLEY at the time of his death which judgments had been stayed by said admr. and the court being further satisfied that said judgments were a lien upon all the personal property belonging to said Estate at the time of the decease of the said SHIRLEY, and the court being further satisfied that the SHIRLEY had at the time of his death sufficient property for the payment of said judgment exempt from forced sale, It is therefore considered and adjudged by the court that so much of an order of this court bearing date 19^th day of April A. D. 1858 as reinstated voucher No. 6 held by said admr. and scailing (?) said amount and placing it in order of payment in 4^th clap claims be and the same is hereby cancelled and that said sum of $175.32 be and remain in the hands of said Admr. for the payments of said Judgment as paid by said Admr.

 

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Estate of RICHARD M. MUGG, Deceased

This being the first term of the court after the original Grant of letters testamentary upon said Estate, and also the first term of the court after the Return of an Inventory and last of claims have been Returned, Ordered by the Court that 250 dollars be allowed for the Widow and minor heirs of said deceased for their maintenance for one year, and it is ordered by the court that there be and is hereby set apart for the use and benefit of the widow and children of said deceased, all such property as may be exempted from Execution, or forced sale by the constitution or laws of the state, as provided by Hartleys Digest Art. 1154.

 

Ordered that Court be adjourned until tomorrow morning 8 o’clock.

 

Court met Wednesday February 2d 1859

Present J. J. Harrison Chief Justice

Buford Henry Clerk

Thos. A. Lowry Depty. Sheriff

 

Estate of RICHARD M. MUGG Deceased

At this day comes ELISHA CHAMBERS administrator of said Estate and makes application in writing accompanined by a Statement of the estimated expenses of administration, and of all the claims against the Estates that have been presented to him specifiying what claims have been allowed by him, for an order to sell all the personal property belong to said Estate that is of a perishable charcter to wit the Stock belonging to said Estate consisting of Horses, Hogs, Sheep and Cattle. Ordered by the court that the administrator of said Estate proceed to sell at public auction at the late Residence of the said deceased all of said Personal property that may not be taken by the Widow of said deceased, on a credit of 12 months, upon all sums over 5 dollars, all sums of 5 dollars and under to be paid in hand, the purchaser or purchasers giving bond and good security, giving at lat (least?) ten days notice of the place and time of said sale, by posting written notice thereof at three public places in the County of Collin, on to be at the Court House door, in the Town of McKinney ant the other two at two other public places in said County, said sale to be within the hours of 10 A. M. and 4 P. M. and to continue from day to day until (sic) all of said property is sold.

 

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The estate of ALEXANDER COOPER deceased

Vs.

LEWIS McNEIL Admr.

And now at this time this cause coming on to be heard, and it appearing to the satisfaction of the court that the proceedings in the cause had been irregular and that there was an indebledness (indebtedness?) from said Estate to the admr. and he having filed his application and petition Releasing said estate and asking that the admr. be dismissed and the succession closed.

It is therefore considered adjudged and decreed by the court that said prayer of said admr. LEWIS McNEIL be received and he is hereby fully discharged from said administration that the same is fully closed, and the voucher with his account current be approved.

 

Ordered by the Court that court be adjourned untill (sic) tomorrow morning 8 o’clock.

 

Court met Thursday 3^rd February A. D. 1859

Present J. J. Harrison Chief Justice

Buford Henry Clerk

Thos. A. Lowry Depty Clerk (sic)

 

Estate of PHILIP D. CRUME minor

At this day comes JAMES C. FOREMAN Guardian of the said PHILIP D. CRUME and present his report accompanied by an inventory and appraisement of the property of said Ward, and two accounts duly verified one of the personal expenses of his said Ward and the other of expenses of removal of said property from the state of Kentucky to Texas, from which it appears that said Guardian has now in this state subject to the orders of this Court the Negroes specified in said inventory of the aggregate value of 9980 dollars and showing that said Guardian has collected in cash in Kentucky after defraying all necessary expenses of said collection the sum of 11258 dollars and 50 cents and this court having examined the said accounts so filed by said Guardian and the same being duly verified and no exceptions being filed thereto said accounts are approved and confirmed by the Court as proper expenditures of the estate of said Ward and 1291 dollars and 33 cents the aggregate amount of said two account being deducted from the amount of cash embraced in said inventory to wit 11258 dollars & 50 cents leaves a balance in the hands of said Guardian in cash belonging to his said Ward of 9965 dollars and 17 cents and it further appearing that said Guardian commission on Receipts 11258 50/00 $ amount to the…

 

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…sum of 562 92/100 dollars and Commission on disbursements.

 

$1291 33/100 / amounts to the sum of 64 dollars 56 cents and said commission on Receipts and disbursements being added together and amounting to the sum of 627 dollars & 48 cents it is ordered by the Court that said Guardian be allowed said sum and the same being deducted from said sum of 9967 dollars & 17 cents leaves a balance in the hands of said Guardian belonging to his said Ward of 9339 dollars and 69 cents. Also ordered by the court that the Clerk Record the inventory and appraisement of said Ward’s Estate, and it is further ordered by the court that said Guardian proceed to hire out at public auction to the highest bidder the following named Negroes, giving 10 days notice of the time and place of Hiring JAMES, FELIX, HARDIN, EDMOND & GEORGE until the 25^th day of December next and to sell at public auction the same time and place after giving like notice the following property to wit one wagon & harness, Bay Mare, Tent and Cooking utensils on a credit of 12 months bond and approved security being Required of said ores and purchasers. It is further ordered that said Guardian be authorized to hire privately if their health or condition will permit the following named Negroes Man HENSON, Boy LEWIS and Girls ELIZABETH and SUSAN.

 

Estate of JEFFERSON F. CLARK

It is ordered by the Court that ALEX BERRY heretofore appointed by this court an attorney to Represent the interests of JEFFERSON F. CLARK a non Resident of this State in the partition of the Estate of LANCEN CLARK deceased be allowed the sum of 10 dollars out of the distributive share of said JEFFERSON F. CLARK now hand in this court (sic).

 

Estate of JOHN PHILLIPS

At this day come HENRY SHIELDS one of the securities of WILLIAM PHILLIPS Guardian of said JOHN PHILLIPS and filed his petition praying that citation may be served upon the said WILLIAM PHILLIPS to come forward and give new security as such Guardian and that he be Released from any further liability for the future action of said Guardian, ordered by the court that citation be served upon the said WILLIAM PHILLIPS to appear at the

next term of this court and give new bond as said Guardian of JOHN PHILLIPS..

 

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Estate of LAURA HOMES, ROBERT TITUS, CHARLES JACKSON and WILLIAM FRANKLIN BENGE Minors

At this day comes JOSEPH J. DICKSON and represents to this court that the said Estate of said minors is in the hands of THOMAS O. BENGE, and that he is mismanaging the same, and prays the Court that citation be served upon the said THOMAS O. BENGE to appear and show cause why a Guardian shall not be appointed for said minors also that citation be decreed upon LAURA HOMES BENGE minor over the age of 14 years to appear and choose her own Guardian and also files his petition to be appointed the Guardian of the property of ROBERT LILES, CHARLES JACKSON and WILLIAM FRANKLIN BENGE. Ordered by the Court that THOMAS O. BENGE be cited to appear at the next term of this court and show cause why a Guardian for said Minors above named shall not be approved and also that LAURA HOMES BENGE be cited to appear at the next term of this court and choose her own Guardian, also that notice of the filing of the said J. J DICKSON application for Letters of Guardianship of the property of ROBERT TITUS, CHARLES JACKSON and WILLIAM JACKSON BENGE, be given as the Law Requires.

J. J. Harrison Chief Justice

Collin County, Texas.

 

 

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State of Texas February Term 1859

Collin County Be it Remembered that the County Court of

Collin County Exercising probate jurisdiction met on Monday the 28^th day of February A. D. 1859.

Present: J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

 

Estate of SAMUEL and JANE FRENCH Decd.

At this day comes ELI BAKER and JAMES KEELING administrators of said Estate, who at former term of this court presented their account verified by oath for settlement and it appearing to the court that notice of the filing of said account had been given as the law directs, and after examining said account and there being no exception there to filed in this court, ordered by the court that said account be and it is hereby approved, and it appearing to the court from said account that there is in the hands of said administrator $892.38 leaving after deducting the following sums, $89.28 coms (?) allowed said administrators, & the further sum of $1.75 for writing Deed & certificate of acknowledgments, & the sum of $1.30 Taxes (?) paid, Chief Justices’ fees $6.46 the sum of $790.00. Ordered by the Court that said administrators pay over said sum of money to the following named distributes they being fairly and properly Represented in this Court, to wit: To ANN DUNCAN $112.85 LOUISA FOWLER $11.85 ROSEY ANN FRENCH $112.85, FRANCIS M. FRENCH $112.85 JOHN FRENCH $112.85, RANDOLPH FRENCH $112.85, and PEACHY E. FRENCH $112.85 and take Receipts therefore, and upon the filing of said Receipts in this court said succession to be closed and said administrators released from any further liability.

 

Estate of JOHN HAGGARD Deceased

At this day comes SMALLWOOD A. ELKIN who filed in this court application for letters of administration upon said Estate and it appearing to the satisfaction of the court that notice of said application had been given as the Law Requires and there being no objection to the grant of said letters, ordered by the court and that Letters of administration be issued to the said S. A. ELKIN upon his executing his bond with good security in the sum of twenty eight thousand Dollars.

Issued.

 

Estate of JOHN HAGGARD Deceased

Ordered by the Court that JOHN HUFFMAN, SEN., DR. JOHN HUFFMAN, JUN., and SILAS HERRINGTON be and they are hereby appointed commissioners to appraiser all the Real and personal property of deceant (deceased?)

 

 

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Estate of ELIZABETH CARROUTH (CARRUTH) & ALEXANDER CARRUTH her late husband

 

At this day comes ELIZABETH CARROUTH (CARRUTH) and filed her petition praying the court to appoint commissioners to appraise the Community property of herself and said decedent, ordered by the Court that WM. H. HERRON, WALTER CAROUTH and JOHN NINON (?) be and they are appoint commissioners to appraise said Community property and make Report to this Court.

 

Estate of THOMAS F. BOREN Deceased

At this day comes MOSES JONES Executor of said Estate and files in this Court an account of sale, of 167 9/10 acres of land, describing said land metes and Bounds, and the Court inquiring into the manner in which said sale was made and being satisfied that said sale was fairly made and in conformity to Law ordered by the court that said sale be and is hereby in all things confirmed, and that said account of sale be Recorded by the Clerk, Further ordered and decreed by the court that the said executor make conveyance of said land to the purchaser of the same by his complying with the terms of said sale.

 

Estate of ROBERT SKAGGS, Decd.

At (this) day comes ALEXANDER T. (?) ROBERTSON administrator of said Estate, and filed in this court an account of sale of 424 acres of land belonging to said Estate, and it appearing to the court that said sale was made in compliance with a previous order of this court, and that it was fairly made and in conformity to law ordered by the court that said sale be in all things confirmed and that said account of sale be Recorded by the Clerk and it is further ordered adjudged and decreed that said administrator proceed to make deed or deeds of conveyance to the purchaser or purchasers the thereof they having complied with the terms of said sale.

 

Estate of J. J. MILLER Deceased

At this day comes JAMES T. (?) FISHER administrator of said Estate and filed in this court an account of sale of personal property of said Estate made in pursuance of a former order of this court and also an account of Renting the premises of said Estate and it appearing to the satisfaction of the court that said sale and the renting had been fairly made and in conformity to Law ordered that said account of sale and renting be confirmed and that the clerk Record the same.

 

And whereas the Said JAS. T. FISHER administrator as aforesaid Represents to this Court that the account of sale this day filed in this court by the said admrs. does not embrace all the personal property of said Estate ordered to be sold at a former term of this court, and whereas the said administrator prays for an order of this court to sell the remainder of said personal property and whereas it appearing to the court that said administrator has advertised as the law Requires to sell said personal…

 

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…property on the fourth day of March 1859. Ordered therefore by the court that the said administrator proceed to sell said residue of said personal property on the 4^th day of March 1859 and make Report to this Court.

 

Estate of GEORGE W. GUNNELS & POLLY GUNNELS his wife Decd.

At this day comes GEORGE W. GUNNELS of said Marriage and filed an inventory and appraisement of the community property of the said porty (party?) at the death of the said POLLY GUNNELS Deceased. Ordered by the Court that the Clerk Record said Inventory and appraisement.

 

Ordered that court adjourn untill (sic) to-morrow Morning 8 o’clock.

March 1^st 1859 Court met pursuant to adjournment.

Present J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

 

Estate of VIRGINIA L. SANDERS Minor

 

At this day comes JAMES W. L. BUTLER Guardian of said Minor and prays the Court to appoint Commissioners to appraise Said Minors Estate. Ordered that J. W. BULTER, STEPHEN MARSHALL and DANIEL MORGAN be and they are hereby appointed to appraise said Estate and make Report to this Court

 

Estate of JOHN PHILLIPS

 

At this day comes WILLIAMS A. PHILLIPS Guardian of the property of said JOHN PHILLIPS and files in this court an account against his said Ward of $163.87 and said account being examined by the court, ordered by the court that said account of $163.87 be approved and allowed, and that the same be entered as a credit upon a note of hand for the sum of $246.23, bearing date of December 29^th 1857 and Twelve Months after date, Executed by the said WILLIAM A. PHILLLIPS to his said Ward JOHN PHILLIPS & said act Recorded.

 

Estate of MARCUS C. DUPEY Decd.

Now at this time come THOMAS EDDLEMAN and by petition asks the County Court exercising Probate jurisdiction for an order to file the Report of the Commissioners hereto fore made in the partition and distribution of said Estate and it appearing to appearing to the satisfaction of the Court that said Report had been properly made by said commissioners and duly sworn to It is therefore ordered and decreed by the Court that said Reports of said commissioners by filed Nunc Protunc (?) and be approved and it is further ordered that the clerk Record the same.

 

Page 120

 

Ordered that Court be adjourned untill (sic) tomorrow.

Morning 8 o’clock.

 

Wednesday March 2d 1849 Court Met Pursuant to adjournment.

Present J. J. Harrison Chief Justice

Buford Henry Clerk

 

Estate of CYNTHIA O. and WM. P. YEARY, Minors

At this day comes WALTER YEARY Guardian of said minors and Represents to the court that said had been instituted against him as said Guardian by A. B. JAMES of New Orleans, Louisiana for a Note made and executed by the father of said Minors, and prays the Court to authorize him the said Guardian to employ counsel for the defense of said. Ordered by the court that said Guardian be and he is hereby authorized to employ counsel to defend said suit.

 

Estate of JAMES STALLCUP Decd.

At this day comes THOMAS STALLUP administrator of said Estate and filed in this Court Inventory and appraisement of said decedent. Ordered by the Court that the same be approved and Recorded by the Clerk.

 

Estate of the Minor heirs of MARIAH LAURA BENGE

At this day this cause coming on to be heard on the application filed in this office, and it appears to the court that THOS. O. BENGE the father of said minors has been duly cited to come forward and show cause if any he can why a guardian of the property of said Minors should not be appointed, and said BENGE having whole made default, and it also appearing to the court that LAURA HOMES BENGE one of said minors over the age of 14 year has been duly cited to come forward and choose a guardian for herself and she having failed to appear, or choose and it further appearing to the satisfaction of the court that the interests of said minors requires that a guardian other than their father THOMAS O. BENGE should be appointed for their property and that notice of said application has been given as the Law Requires, and WILLIAM B. BENGE appearing in open Court, who is the uncle of said minors, and agreeing to accept said guardianship, It is therefore ordered by the court that WILLIAM B. BENGE be and he is hereby appointed Guardian of the property of LUARA H. BENGE, minor over the age of 14 years, ROBERT L. (T.?) BENGE, CHARLES J. BENGE, and WILLIAM M. BENGE, minor under the age of 14 years, and that Letters be issued to him upon his giving bond in the sum of ten thousand dollars.

 

And it is further ordered the (that?) JOSEPH FORMAN, JAMES C. FOREMAN and GEORGE W. BARNETT be and they are hereby appointed commissioners to appraise the Estate of said Minors and Return to this court inventory and appraisement of said Estate.

 

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Estate of JOHN HAGGARD Deceased

 

At this day come the appraisers heretofore appointed by this court together with the admrs. of said Estate and returned into Court an inventory of the property of said Estate together with a schedule of claims and and (?) owning said Estate which said inventory is hereby approved and ordered to be Recorded.

 

And at the same time JANE OWENS, LEWIS C. HARGARD (?), ROSA FO__?, JAMES H. HAGGARD, JOHN. L. (T.?) HAGGARD, CLIFTON L. (T.?) HAGGARD, JONATHAN HUNT, CLINTON C. HAGGARD and the heirs of POLLY CARSON and by petition asks the Court for a partition of the Negroes and money belonging to said estate, and it appearing to the satisfaction of the court that said parties are the heirs at Law and legatees of the said JOHN HAGGARD SR. deceased and that the Negroes and money belonging to said estate was susceptible to division and partition among said heirs and it further appearing to the Court that the heirs of POLLY CARSON are not represented in said partition. Ordered by the Court that A. E. QUISENBERRY be and he is hereby appointed Guardian ad litem to represent the interest of said heirs.

 

And it is further ordered by the Court that JOHN HUFFMAN, SILAS HARRINGTON and DR. J. M. HUFFMAN be and they are hereby appointed commissioners to divide said Negroes and Money belonging to said estate among said heirs.

 

And it is further ordered that said legatees enter into and execute bond as the Law requires for the payment of all of all (sic) debts owning by said JOHN HAGGARD at his demise each legatee paying his equal porting thereof said bonds to be filed with the clerk of said court and Recorded.

 

At this day also come JOHN HUFFMAN, SILAS HARRINGTON and DR. J. M. HUFFMAN commissioners appointed to partition the Estates of JOHN HAGGARD deceased among the distributes of said Estate and Returned into Court their Report, and the same being Carefully examined by the court and there being no valued exceptions taken to it and it appearing that said partition and distribution had been fairly made. Ordered by the Court that the same be approved and Recorded.

 

And it further appearing from said Report that there is certain Real Estate of said decedent could not be partitioned among said heirs without material injury to said distributees, to wit 540 acres of land in one tract, worth the sum of $3.50 per acre, another tract of 200 acres worth $3 per acre, and no one of the distributees electing to take the same at the appraised value, and the sale of the same being Recommended by said commissioners.

Ordered that the administrator of said Estate proceed to sell said tracts of land on the first Tuesday in April 1859 at public action to the highest bidder at the Court house…

 

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…door in the Town of McKinney, on half of the price to be paid on the 25^th day of December net 1859 and the other half to e paid on the 25^th day of December 1860, taking bond and good security of the purchaser or purchasers thereof and a lien on said Land for the payment of the purchase money first giving notice of the time and place of sale, at least 20 days by posting up wutten (written?) notices thereof at three public places in at (?) the Court house door in the Town of McKinney and two others at two public places, but not in the same town, said sale to be between etc. (?) hours 10 A. M. and 4 P.M.

 

And it further appearing to the Court that there is a considerable amount of Personal property unpartioned (sic) of said Estate, and of a perishable character and liable to waist (waste), and the said admr. of said Estate prays for an order for the sale of said personal property. Ordered that said administrator proceed to sell said property at public auction to the highest bidder at the late residence of said decedent on the 15^th day of March 1859, on a credit of (blank) untill (sic) the first day of January 1860 giving at least 10 days notice of the time and place of said sale, by written notices posted up in the County of Collin one at the Court house door in the Town of McKinney and two others at two public places in said County but not in the same Town, the sale to be between hours of 10 a. M. and 4 P. M. said sale to continue from day to day untill (sic) all of said property is sold, by giving public notice of the continuance of the same at the conclusion of the sale of each day bond and good security to be taken of the purchaser or purchasers thereof.

 

Estate of JOHN McKINNEY, Deceased

Now at this time came on the to be heard the Motion against J. H. HARBERGER the administrator of the Estate of JOHN McKINNEY Decd. and it appearing that said HARGERGER had been duly cited, to appear and show cause why he has not collected money arising from the sale of property belonging to the said Estate and having failed to make any Report on or any showing whatever as to his acts and doings, and the court being satisfied that said HARGERGER has been quilty of gross neglect and mismanagement in the performance of his duty as such administrator. It is therefore ordered by the Court that said JACOB H. HARBERGER be Removed from his office and trust as the administrator De bonis Non of the Estate of JOHN McKINNEY Decd.

J. J. Harrison

Chief Justice

 

Page 123

 

Blank

 

 

Page 124

 

March Term 1859

State of Texas The County Court of Collin County Exercising

County of Collin Probate jurisdiction Met March 28^th 1859

In The Town of McKinney

Present J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

 

 

Estate of J. J. MILLER

 

At this day comes JAMES L. (T.?) FISHER administrator of said Estate and filed an account of sale of the personally (personal?) property of said Estate, and it appearing to the Court that said sale had bee made in pursuance of a previous order of this Court and that said sale was being made and there being no objections there to filed in this court (sic). Ordered by the court that said account of sale be and the same is hereby approved and ordered to be recorded.

 

Estate of RICHd. M. MUGG, Decd.

 

At this day comes ELISHA CHAMBERS administrator of said Estate who filed in this court on the 15^th day of March 1859, and ____ account of sale of the personal property of said Estate, and the same being examined by the Court and it appearing to the court that said sale had been fairly made and in pursuance of a previous order of this court and there being no objections filed thereto.

Ordered by the Court that said sale be and the same is hereby confirmed and ordered to be recorded.

 

Estate of JOHN HAGGARD Deceased

At this day comes SMALLWOOD A. ELKINS administrator of said Estate who filed in this court on the 26^th day of March 1859 an account of sale of the personal property of said Estate and it appearing to the Court that said sale had been fairly made and in accordance with Law and in compliance with a previous ordered of this Court. Ordered by the Court that the same by confirmed and recorded.

 

Estate of MOSES SPARKS, Decd.

At this day comes RICHARDS (sic) SPARKS who filed in this Court his application for Letters of administration upon said Estate and it appearing to the Court that notice of said application has been given as the Law directs, Ordered by the Court that RICHARD SPARKS be and he is hereby appointed the administrator of said Estate and thus Letters be issued upon the said RICHARD SPARKS giving bond in the sum of $2000 with good security. Letters issued March 28^th 1859.

Ordered by the court that JAMES M. DUNLAP, JAMES STRAIN, JOSHUA SMITH be appointed to appraised said Estate and make report to this Court with sixty days.

 

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Estate of WILLIAM PATTERSON & ELIZA A. PATTERSON

 

At this day comes WILLIAM PATTERSON the surviving partner of the marge (marriage?) of ELIZA A. PATTERSON his wife deceased and filed his application in this court for the appointment of appraisers [of] the community property of himself and deceased wife.

Ordered by the Court that JAMES M. DUNLAP, JERRY FARMER and GEORGE WHITE be and they are hereby appointed to appraise said community property and made report to this court.

 

 

Estate of JOEL C., REUBEN M. and ALFRED B. ALDRIDGE, Minors

 

At this day comes JAMES C. ALDRIDGE who filed in this Court his application for letter of Guardianship upon the persons and property of JOEL C ALDRIDGE, REUBEN M. ALDRIDGE and ALFRED B. ALDRIDGE minors, on the 28^th day of Feby A. D. 1859 and it appearing to the Court that notice of said application has been given as the Law requires and there being no objections to said Grant of Letters filed in this Court. Ordered by the Court that JAMES C. ALDRIDGE be and he is hereby appointed Guardian of the person and property of the said JOEL C., REUBEN M. and ALFRED B. ALDRIDGE and that said letters be issued upon his giving bond in the sum of Five hundred dollars with good Security.

Issued.

 

Estate of MARY JANE WILLIAMS, Minor

At this day comes JOHN McMINN who filed in this Court his application for Letters of Guardianship upon the property and person of MARY JANE WILLIAMS Minor under the age of 14 years and it appearing to the Court that Notice of said application had been given as the Law requires, and there being No objection to the Grant of said Letters filed in this Court.

Ordered by the Court that JOHN McMINN be and he is hereby appointed the Guardian of the property and person of the said MARY JANE WILLIAMS, and Letters issue upon his the said JOHN McMINN giving bond in the scum of $2500 and good security.

 

Estate of SYLVESTER S. WILLIAMS, Minor.

At this day comes HARRISON BRUMMETT who had filed in this Court his application for Letters of Guardianship upon the property and person of SYLVESTER S. WILLIAMS minor under the age of 14 years and it appearing to the Court that notice of said application had been given as the Law requires and thee being no objection to this grant of said letters filed in this Court.

Ordered by the Court that HARRISON BRUMMETT be and he is hereby appointed Guardian of the property and person of the said SYLVESTER WILLIAMS and that Letters be issued to the said HARRISON BRUMMET upon his giving bond and good security in the sum of $2500.

 

Page 126

 

Ordered that Court be adjourned untill (sic) tomorrow morning 8 o’clock.

 

Court met pursuant to adjournment March 29^th A. D. 1859.

Present J. J. Harrison Chief Justice

Buford Henry Clerk

Jas. L. Read Dept. Sheriff

 

Estate of J. J. MILLER Deceased

 

At this day comes JAMES T. FISHER admr. of said Estate and files in this Court a list of audited claims against said Estate of $510.99 and that he has collected in cash as stated in sale accounts of personal property of said Estate the sum of 680 Dollars and 53 Cents, and represents to this Court that there is a yoke of Oxen inventoried as a part of said appraised Estate, at forty dollars but the same has never been sold because said oxen could never be got in possession at the time of sale, and they are now beyond the reach or controll (sic) of said admr but that he is offered the sum of 50 dollars for the rights of Property in said oxen, and prays the authority of the Court to sell the same at private sale at that price as said property is perishable and otherwise liable to be wholly lost to said Estate which sale if ordered will increase the cash on hands to 732 dollars and 53 cents, also files his account for services and expenses of administration.

Ordered by the Court that said administrator be allowed the sum of 73 dollars and 25 cents coms. (commission?) on the said sum of $732.25 and the sum of 50 dollars for Extra service in hurding (herding?) and taking care of the stock belonging to said Estate, 10 dollars attorney’s fees, making the sum of 133 dollars 25 cents, from which said sum, then be deducted 17 Dollars for oats and 14 dollars cash not inventoried making the sum of 31 dollars, leaving when deducted from the said sum of $133.25, the sum of 102 dollars 25 cents.

 

Ordered by the court that JAS. T. FISHER admrs. as aforesaid proceed to sell said yoke of work oxen as prayed for by said administrator and for the said sum of fifty dollars.

 

Ordered by the court that said JAS. T. FISHER admrs. of the Estate of the said J. J. MILLER Decd. pay out of the said reported Cash of 732 dollars 53 cents the Court fees and the audited claims against said Estate as reported by said administrator to this Court.

 

Estate of SAML. & JANE FRENCH Decd.

At this day comes ELI BAKER and JAMES KEELING admrs. of said Estate and filed in Court their Receipts of payment in full to each of the distribtees of said Estates. Ordered that said admrs be and they are hereby discharged and said succession closed.

 

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Estate of Minor heirs of THOS. M. ROWLAND dec.

 

At this day comes DELILAH E. ROWLAND Guardian of said Minors and filed in this Court Statement under oath that she had paid for said minor Doctor’s Bill of $4.00, school account of $6, making in all 10 dollars. Ordered that the same be allowed.

 

Estate of WM. PERRIN Decd.

 

At this day come DAVID G. THOMAS admr. of said Estate and represents to this Court that WILLIAM BEVERLY is due and owning said Estate the sum of 60 dollars 85 cents, and that said Estate is due and owing of said W. BEVERLY 23 dollars and 95 cents, and that said 23 dollars 95 cents can be allowed as a credit on the said sum of 60 Dollars 85 cents without any injury to said Estate,

Ordered by the Court that said Admr. Receive the said Sum of 23 dollars 95 cents as part payment upon the said sum of 60 dollars 85 cents.

 

Community Property of ELIZABETH CARRUTH & ALEXD. CAROUTH (sic) Deceased

 

At this day come WM. HERRON, WALTER CARROUTH and JOHN NIXON (?) commissioners appointed to appraised said Community property and filed in this court an inventory and appraisement of said community property.

Ordered by the Court that the same be approved and Recorded.

 

Community property of W. PATTERSON & ELIZA PATTERSON his deceased wife

At this day come JAMES M. DUNLAP, LEROY (?) FARRER (?) and GEORGE WHITE commissioners appointed by this court to appraise said community property and returned in this court Inventory and appraisment (sic) of said Estate.

Ordered by the Court that the same be approved and recorded.

 

Estate of the Minor heirs of ROBT. SKAGGS Decd.

 

At this day comes WILLIAM WAKINS one of the securities of ELIZA JACKSON Guardian of said Minors, and filed his petition praying the court that said Guardian may be required to give a new bond and that he may be discharged from all further liability of said Guardian.

Ordered by the Court that citation be issued and served on said Guardian to appear at the next term of this court and give new bond.

 

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Estate of VIRGINIA L. SANDERS (see also SAUNDERS), minor heir of WM. GRACY (?) SANDERS

 

At this day comes JOHN W. L. BUTLER Guardian of said Minor and filed Inventory and appraisement of his said ward’s Estate. Ordered by the Court that said Inventory & appraisement be approved and Recorded.

 

Estate of Minor heirs of JOHN HAGGARD decd. Children of POLLY CAISON (?)

 

At this day come ACHILLES QUISENBERRY who files his application in this court for letters of guardianship upon the property of said Minors and the names of said children not having been obtained. Ordered by the Court that said application be continued to the next term of this Court.

 

Page 129

 

In Vacation

State of Texas The county court of Collin County Texas

County of Collin pertaining to Estates, Met in vacation

May 20^th 1859

Present J. J. Harrison Chief Justice

Buford Henry Clerk

 

Community Property JOHN McCANTS Decd. and PERMELIA McCANTS his wife

 

At this day come PERMELIA McCANTS Wife of JOHN McCANTS deceased and file her petition praying the Court to appoint commissions to appraise the Community property of the said JOHN and PERMELIA McCANTS.

Ordered by the Court that J. K. FOX, JOHN PURCELL and LOUIS COOK be and they are hereby appointed to appraise said community property and make report to this court.

 

May Term 1859

 

State of Texas The County Court of Collin County, Texas

County of Collin Exercising probate jurisdiction met May

30^th day A. D. 1859 in the Town of McKinney

Present J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

 

Estate of CALEB PHILPS Decd.

 

At this day come WILLIAM A. PHILPS, who filed in this clerk’s office his application for Letters of administration upon the Estate of CALEB PHILIPS decd. and it appearing to the court that notice of said application had been given as by Law required, and there being no objections filed in this Court to the Grant of said letters.

Ordered by the court that WILLIAM A. PHILPS be and he is hereby appointed administrator of the Estate of said decedent and that letters be issued to the said WM. A. PHILPS upon his giving bond in the sum of Fifteen hundred dollars. (issued May 31^st 1859)

 

Ordered by the court that JOSEPH DIXON, GRAFTON WILLIAMS and SAML. JENKINS be and they are hereby appointed commissioners to appraise the Estate of CALEB PHILIP Decd. and make report to the next term of this court.

 

Estate of WM. PERRIN, decd.

 

At this day comes DAVID T. (?) THOMAS administrator of said Estate and files his annual Report, from which it appears that there has been presented and allowed within 12 months from the date of the letters of administration the sum of $1348.89 and since that time the sum of $226. And that there is in the hands of said administrator apits (?) to the amount of $1660.00. Ordered by the Court that the said administrator proceed to pay off the claims against said Estate that have been presented and allowed within 12 months from the date of the letus (letters?) of administration.

 

Said administrator also presented an account against said Estate in the (?) amount of $62.06.

Ordered by the Court that the (that?) be allowed.

 

Estate of MARY C. ROBERTS

 

At this day came PETER E. ROBERTS, who filed in the clerks of office (sic) his application for letters of Guardianship upon the person and property of the said MARY C. ROBERTS and it appearing to the court the notice of said application had been given as required by Law and there being no objection to…

 

Page 131

 

…said appointment filed in court.

 

Ordered by the court that PETER E. ROBERTS be and he is hereby appointed guardian of the person and property of MARY C. ROBERTS, and that letters be issued to the said PETER C. ROBERTS, upon his giving bond in the sum of Seven thousand dollars.

 

Ordered by the court that JOSEPH DIXON, GABRIEL PHILIPS and GEORGE F. LUCAS be and they are hereby appointed commissioners to appraise (the) Estate of MARY C. ROBERTS, Minor under the age of 14 years and make Report to the next term of this court.

 

Community Property of JOHN McCANTS, Decd. and PERMELIA McCANTS his wife

 

At this day comes PARMELIA McCANTS Surviving Wife of JOHN McCANTS deceased and filed in this Court an Inventory and appraisement of the Community property of herself and JOHN McCANTS her deceased husband at the time of his death.

Ordered by the court that the same be filed and Recorded by the Clerk.

 

Estate of B. C. STROTHER Deced.

At this day comes J. O. STRAUGHAM Guardian of the Minor heirs of the said decedent and Represents to the Court that there is one horse belonging to said Estate that has never been sold or distributed among said heirs, and prays for an order to sell said Horse or any other property belonging to said Estate that has not been sold or distributed among said heirs, and that the administrator of said Estate has been discharged by the Court.

Ordered by the Court that JORDEN (?) O. STRAUGHAM be appointed a commissioner to sell said Horse, and any other property belonging to said Estate that has not been heretofore sold and distributed, on a credit of Six months taking bond and good security from the purchaser or purchasers at public auction to the highest bidder, at such time and place, as the said commissioner may think fit, giving ten days notice of the time and place of sale in Manner and form as required by law, and make Report to this Court.

 

Page 132

 

Estate of JOHN HAGGARD Deceased

 

Now at this time comes SMALLWOOD ELKINS administrator of said Estate and presents to the Court an account of sale of the lands belonging to said Estate, which said account was filed in the clerk’s office on the 3d day of May 1859 and it appearing from said account that CLINTON S. HAGGARD became the purchaser on one tract of five hundred acres a part of the headright of MANIA CATALINA VELA, (?) and one tract of Forty acres part of the tract of land secured (?) to S. H. BLUNT assignee by Patent No. 64 vol. 11. for the sum of four dollars and five cents per acre making in the aggregate two thousand and hundred and ninety seven dollars which said sum is secured by the promissory noted of the said CLINTON S. HAGGARD and WM. N. BUSH, and that one JAMES H. WOODS became the purchaser of two other tracts, one of 160 acres situated in Collin County and one of 40 acres situated in Denton County for the price of three dollars and ten cents per acres, being the aggregate sum of six hundred and twenty dollars, which said sum is secured by the promissory notes of JAMES H. WOOD and A. H. MARTIN, and it appearing to the Court that said sale had in all things been fairly made and in conformity to law, Ordered and deemed by the Court that said account of sale be in all things confirmed , and that the said account of sale be recorded by the clerk, and it is further ordered and deemed by the court that SMALLWOOD A. ELKINS administrator of said Estate make to the said CLINTON S. HAGGARD the purchaser of the tract of five hundred acres and one tract of forty acres as specified in said account of sale convey over and that the said administrator also make conveyance to JAMES H. WOODS the purchaser upon (?) one tract of 160 acres and one tract of 40 as specified in said account of sale and set the right and title that the said JOHN HAGGARD had in and to said lands at the time of his death; in the said CLINTON S. HAGGARD and JAMES H. WOODS the purchasers as set forth in said account of sale, and to take a mortgage on said lands for the payment of the purchase money.

 

Page 133

 

Ordered that court be adjourned untill (sic) tomorrow morning 8 o’clock.

Tuesday May 31^st Court met pursuant to adjournment.

Present J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

 

Estate of JOHN H. COLLINS Decd.

 

At this day comes CHARLOTTE COLLINS administrator of said Estate and presents her final account with said Estate for settlement and it appearing that notice of the same has been published as required by law The court proceeding to Consider the Same finds the receipts and disbursements as Stated in said account to be Correct and supported by property voucher, and this Court proceeding to restate said account, this Court allows said admrs. the further sum of 10 dollars for attorney fee the sum of 3 dollars publishing fee, the sum of 18 dollars and fifty cents expenses of the Court to present date which payments being deducted from cash balance as stated in said account of $175.15 leaves a balance of $143.75 in the hands of said admr. This court further allows $41.05/00 dollars commissions on receipts and $33.81 commissions on disbursements which being deducted leaves a balance of 68 dollars and 90 cents cash on hands, and it appearing to the Court that said admr. as Widow of said deceased had had no allowance for one years support of self and family nor for safe keeping preservation and management of said Estate, it is ordered that she be allowed said balance on hand in lien of said balance.

 

Ordered that court be adjourned untill (sic) to morrow morning 8 o’clock.

 

Wednesday June 1^st 1850 Court met pursuant to adjournment

Present J. J. Harrison Chief Justice

Buford Henry Clerk

J.; Dud Doak Sheriff

 

Estate of JOHN H. COLLINS Deceased

 

At this day comes CHARLOTTE COLLINS administratrix of the Estate of JOHN H. COLLINS deceased and asks the Court to appoint commissioners to partition and distribute the real and personal property of said decedent and it appearing to the Court that all the debts Known to Exist against said Estate have been paid, and it appearing to the Court that CHARLOTTE COLLINS Widow of Said decedent, MILDRED COLLINS, ALEXANDER COLLINS, RICHARD COLLINS, EMILY COLLINS and MOURTON COLLINS (unreadable word) heirs at law of said decedent, all citizens of Collin County, Texas…

 

Page 134

 

…and it appearing to the Court that the said CHARLOTTE COLLINS is the Guardian of the said MILDRED COLLINS, ALEXANDER COLLINS, RICHARD COLLINS, EMILY COLLINS and MOURTON COLLINS, Minors. Ordered by the Court that CHARLES RECTOR, ALLEN A. TALKINGTON, EDWARD CHAMBERS and A. L. ROBERSTON be and they are hereby appointed commissions to make partition and distribution of all the real and personal Estate of said decedent among the foregoing named heirs, said property to be Exhibited to said Commissioners by the said Administratrix of said Estate, as follows, to wit, to CHARLOTTE COLLINS one third part of the Land for life, with reversion to the children and one third of all the personal property in her own right, and of the reminder, both Real and personal of said (?) Estate, one fifth to MILDRED COLLINS, one fifth to ALEXANDER COLLINS, one fifth to RICHARD COLLINS, one fifth to EMILY COLLINS and one fifth to MOURTON COLLINS taking into consideration quality and quantity and make report to this court at its next term.

 

Ordered that Court be adjourned untill (sic) tomorrow Morning 8 o’clock.

June 2d Court met pursuant to adjournment.

Present J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

 

Estate of ALBERT WILSON Decd. and NANCY WILLIAMS Decd.

 

At this day comes DAVID STIFF and WILLIAM OVERDUFF and present their petition as the securities of WESLEY A. WILLIAMS, the Guardian of the Minor heirs of ALBERT G. WILSON Decd. and of NANCY WILLIAMS Decd. praying that the said WESLEY A. WILLIAMS Guardians as aforesaid be required to give a new bond and that they be discharged from all liability for the future acts of the said WESLEY A. WILLIAMS as such Guardian.

Ordered by the Court that Citation be issued and served on the said WESLEY A. WILLIAMS Guardian as aforesaid, to be and appear at the next term of this Court and give a new bond.

 

Estate of WILLIAM BOUNDS Decd.

 

At this day comes JOSEPH M. BOUNDS, who filed his application in the clerk’s office for Letters of administration upon the Estate of WILLIAM BOUNDS deceased and it appearing to the Court that notice of said application had been given as required by Law and no objection to said Grant of Letters being filed this Court Ordered by the Court that JOSEPH M. BOUNDS be and he is hereby appointed the administrator of said Estate and the letters be issued to the said JOSEPH M. BOUNDS upon his giving bond and security in the sum of Six thousand dollars.

Issued June 2d 1859

 

Page 135

 

Estate of WILLIAM BOUNDS Decd.

 

Ordered by the Court that LEONIDAS M. MARTIN, GEORGE H. PEGUES and M. R. PARRISH be and they are hereby appointed commissioners to appraise said Estate and make report to this Court.

 

The State of Texas May Term A. D. 1859 4^th day

County of Collin County Court pertain to Estates

 

[GEORGE S. MORRIS, non compes mentis]

Be it remembered

That at a regular term of the County Court of Collin County in the State of Texas for the transaction of Probate business began and held at the Court house in the Town of McKinney, County of Collin and State of Texas on the last Monday in May, The same being the 39^th day of May A. D. 1859. The following proceedings were had and [deter]mined, R. L. WADDILL presented his petition to the Chief Justice of Collin County State aforesaid which was regularly filed in this Court on the 30^th day of May A. D. 1859 and among other things therein recited, the information was presented to the Court that one GEORGE S. MORRIS who is in his twenty third year of age is non compes mentis and incapable of transacting his own business, that it is necessary that a Guardian should be appointed to take care of his person and property, whereupon citation was duly issued to the said GEORGE S. MORRIS to appear before the Court on the 2^nd day of June A. D. 1859 in obedience to the Laws of the State of Texas in such cases made and provided, and a summons was duly issued on the 31^st day of May A. D. 1859 for a jury of twelve good and lawful men of the county competent and qualified which said Summons was duly executed by the Sheriff of Collin County, Texas and returned into this Court on the 2^nd day of June A. D. 1859 served upon the following named persons, to wit GEORGE WHITE, CHARLES STEWART, THOS. ALEANDER, JOHN J. HOWE, MO. W. HAYNES, A. J. HALL, D. J. FRANKLIN, JOHN FARIS, J. H. WOODS, E. WHITLEY, DAVID STIFF, JOHN DERRIT (?) whereupon JOHN J. HOWE was excused from the jury and L. C. SEARCY taken in his stead, whereupon the foregoing named persons good and lawful men competent and qualified to serve as jurors in the County Collin, State of Texas were duly Sworn as by law directed (?) to say upon their oaths whe___ the said GEORGE S. MORRIS being personally present is of sound mind or not, when after due deliberation they returned into Court the following verdict. “We the jury find GEORGE S. MORRIS Non Comes Mentis J. W. HAYNES, foreman.” It is therefore ordered, adjudged and decreed by the Court that ROBERT L. WADDILL be appointed Guardian of the person and Estate of the said GEORGE S. MORRIS (The Mother of the said MORRIS, who had the natural right of the Guardianship under the Statute Laws of the State of Texas, having relinquished in Writing her right to the appointment of the Guardianship of her son GEORGE S. MORRIS) upon the Condition, nevertheless, that the said ROBERT L….

 

Page 136

 

…WADDILL enter into Bond with two or more Good and sufficient securities payable to and approved by the Chief Justice of the County of Collin in the sum equal to at least double the Estimated value of the Estate of the said GEORGE S. MORRIS for the faithful discharge of the duties of said Guardianship according to Law before entering upon the duties of his Guardianship, and thereupon, that letters, be issued.

(Issued)

 

Estate of J. J. MILLER Decd.

 

At this day come JAS. T. FISHER administrator of said Estate makes report in writing to this Court of the amount of debts paid against said Estate together with his voucher all of which is approved and allowed by the Court, and further represents to the Court that all the personal property of said decedent has been sold and the proceeds thereof exhausted in the payment of debts against said Estate and that there is yet remaining unpaid debts against said Estate which have been presented and allowed, and others that will be presented, and prays for an order of Court to sell a part of the real Estate of said decedent to pay said debts and claims against said Estate.

Ordered by the Court that the said JAS. T. FISHER Admr. as aforesaid proceed to sell one tract or parcel of land belonging to the Estate of JOHN J. MILLER deceased, Containing 80 acres of land described as follows to wit in Collin County on the Waters of the East fork of Trinity River, a part of the 320 acres of land deeded to the said JOHN J. MILLER deceased, by CALVIN N. BOALES by his attorney J. P. DAMAS (?) bearing date of November A. D. 18_8 (1848?). Beginning at the S. E. Corner of the Calvin N. Boales’ league survey. Thence North 20 chains J. Kerby’s SE Corner Thence West 40 chains a part Thence South 209 chains Bales’ S. line Thence East 50 chains to the Beginning, on the first Tuesday in July it being the fifth day thereof 1859, public auction to the highest bidder on a credit of 12 months, the purchaser or purchasers giving bond and good personal security for the payment of the purchase money and a mortgage on said land to secure the payment of the purchase money. Said sale to be made at the court house door in the town of McKinney, Collin County, State of Texas, said Sale to be made between the hours of 10 A. M. and 4 P. M. first giving at least 20 days notice of the time and place of said sale so to be made by posting a notice at the court house door and at two other public place in said count of Collin but not in the said Town of McKinney.

 

Page 137

 

Estate of MOSES SPARKS Decd.

 

At this day comes RCKS. [RICHARD?] SPARKS administrator of said Estate and presents to the Court an inventory and appraisement of said Estate.

Ordered by the Court that said Inventory and appraisement be recorded.

Ordered that the Court be adjourned.

J. J. Harrison.

Chief Justice

 

Page 138

 

State of Texas County Court of Collin County

County of Collin pertaining to Estates June Term 1859

Met June 27^th 1859

Present and acting

George Fitzhugh

Walter Yeary County Commissioners

Buford Henry Clerk

J. Dud Doak Sheriff

 

Estate of the Minor heirs of POLLY CARSON deceased, daughter of JOHN HAGGARD deceased.

 

At this day comes ACHILLIS QUISENBERRY who filed in this Court his petition for letters of Guardianship of the property of said heirs which said petition was continued, to give the said A. E. QUISENBERRY an opportunity to obtain the names of said Minors and the said A. E. QUISENBERRY this day presenting to the Court the names of said Minor heirs ordered by the court that ACHILLES E. QUISENBERRY be and he is appointed the Guardian of the property of JAMES T., MOURNING ANN, WM. W., ROBERT and JONATHAN B. CARSON, Children of POLLY CARSON Deceased, the daughter of JOHN HAGGARD Senr. Deceased, and that letters be issued to the said A. E. QUISENBERRY by his entering into Bond with good security in the sum of Four thousand dollars.

Letters issued.

 

Estate of CALEB PHILLIPS Deceased

 

At this day comes WILLIAM A. PHILLIPS administrator of said Estate & presents to the Court the Inventory and appraisement of said Estate.

Ordered by the Court that said Inventory and appraisement be approved and recorded.

 

Estate of MARY C. ROBERTS Minor

 

At this day come G. F. LUCUS, JOSEPH DIXON, GABRIEL PHILIPS, commissioners appointed a previous terms of this court, to appraise the Estate of MARY C. ROBERTS, minor under the age of 14, and made their Report, which said report being examined and approved by the Court.

Ordered by the Court that the Clerk Record the same.

 

Ordered that Court be adjourned till tomorrow Morning 8 o’clock.

 

Page 139

 

Court met pursuant to adjournment Tuesday, June 28^th, 1859.

Present George Fitzhugh

Walter Yeary County Coms.

Buford Henry Clerk

J. Dud. Doak Sheriff

 

[Estate of ALBERT G. WILSON and NANCY WILLIAMS, minor heirs]

 

At this day comes WESLEY A. WILLIAMS, Guardian of the Minors heirs of the Estate of ALBERT G. WILSON, Decd. and of NANCY WILLIAMS deceased, who was cited to be and appear at this term of the court and to give new bond as the Guardian of Minors, and asks the court to continue said cause until (sic) the next term of this court.

Ordered by the court that this be continued unto the next term of this court.

 

Estate of JOHN H. COLLINS decd.

 

 

At this time comes A. T. ROBERTSON, one of the commissioners appointed at the last term of this Court, to make partition and distribution of said Estate among the distributes of said Estates, and asks the Court to give them untill (sic) the next term of this court to make said partition and distribution and report.

Ordered by the Court that said Commissioners have untill (sic) the next term of this Court to make partition and distribution of said Estate, and to make report to this Court.

 

Estate of the Heirs of MARIAH (?) LAURA BENGE Decd.

 

 

At this day comes WM. B. BENGE Guardian of said heirs and asks the Court to adopt and approve the hireing (sic) of slaves belonging to said heirs, which said hireing (sic) took place, before his appointment as Guardian of said Minor heirs.

Ordered by the Court that said Petition be continued untill (sic) the next term of this Court for action.

 

Page 140

 

July Term 1859

 

State of Texas The County Court of Collin County pertaining

County of Collin to probate business July Term A. D. 1859

Begun and holden at the Court house in the

Town of McKinney July 25^th 1859.

Present J. J. Harrison Chief Justice

Buford Henry Clerk

Jas. L. Read Depty. Sheriff

 

Estate of MARY S. HARRIS & LEA CHRISMAN Minors

 

At this day come WILLIAM POE, who files with the Clerk of this Court, his application for letters of Guardianship upon the property of MARY S. HARRIS, heir at law of the estate of WILLIAM HARRIS decd. late of the State of Missouri, and LEA CHRISMAN, heir at Law of the Estate of ABRAHAM CHRISMAN, Deceased late of said State of Missouri and it appearing to the Court that notice of said application has been given as the law requires, and there being no objections filed, in this court to the grating of said letters ordered by the court that WILLIAM POE be and he is hereby appointed the Guardian of the property of MARY S. HARRIS, minor and heir at law of the Estate of WILLIAM HARRIS Decd. late of the State of Missouri and also of the property of LEA CHRISMAN, Minor, and heir at law of the Estate of ABRAHAM CHRISMAN Decd. late of said State of Missouri, and that letters be issued upon the said WILLIAM POE giving hone with good security in the sum of 1600 dollars. Issued.

Estate of WM. MALLOW, DAVID MALLOW & GEORGE MALLOW, Minors

 

At this day comes MICHAEL MALLOW who filed with the clerk of the court his application the appointment of Guardian of the person and property of WM MALLOW, DAVID MALLOW & GEORGE MALLOW, Minors and heirs at law of the Estate of ELIZABETH COLLINS Decd. and it appearing to the Court that notice of said application had been given a the law requires and there being no objection to said appointment filed in this court. Ordered by the Court that MICHAEL MALLOW be and he is hereby appointed Guardian of the person and property of WM. MALLOW, DAVID MALLOW, & GEORGE MALLOW and that letters be issued upon his giving bond with good security in the sum of 1000 Dollars.

 

Page 141

 

Estate of JOHN A. A. DRY and NANCY E. E. DRY

 

At this day comes A. M. HUTCHINGS who filed with the Clerk of this court his application for the appointment of Guardian of the property and person of JOHN A. A. DRY and NANCY E. E. DRY, Minors, and heirs at law of the Estate of DANIEL DRY late of the State of Illinois and it appearing to the court that notice of said application had been given as the law requires, and there being no objection to said appointment filed in this court. Ordered by the court that ALEXANDER M. HUTCHINGS be and he is hereby appointed Guardian of the person and property of JOHN A. A. DRY and NANCY E. E. DRY and that letters be issued him upon him giving good security in the sum of 1600 hundred dollars.

 

Community property of LYDIA GRANN (?) & JOHN GRANN (?)

 

 

At this day come LYDIA GRAIN (?) surviving partner of JOHN GRANN (?) Decd. and asks the Court to appoint Commissioners to appraise the community property of LYDIA GRANN & JOHN GRANN as aforesaid.

Ordered by the Court that JACOB FALKNER, JOHN WAGES (NAGES?) and JOHN N. McKINNEY be and they are appointed commissioners to appraise said community property and to make report to this court.

 

Estate of J. J. MILLER Decd.

 

 

At this time come JAS. T. FISHER admr. of the Estate of JOHN J. MILLER Decd. and filed in this Court an account of the sale of 80 acres of land belonging to said Estate, made in compliance with a former order of this Court, and that said sale was made at the Court house Door in the Town of McKinney on the 5^th day of July it being the first Tuesday in said month for the sum of two hundred dollars, it being the last and highest bid for said 80 acres of land, and was struck off to JOHN R. FISHER he being the last and highest bidder. And it appearing to the court that said sale was fairly made therefore ordered by the court that the sum be confirmed and the (?) that the clerk record the same, and be it further ordered and decreed that the said JAMES T. FISHER admr. as aforesaid make conveyance of the said 80 acres of land to the said JOHN R. FISHER the purchaser thereof, thereby conveying all the rights and title to the said JOHN J. MILLER had in and to the said 80 acres of land at the time of his death by the said JOHN R. FISHER complying with the terms (?) of said sale.

 

Page 142

 

Estate of W. BOUNDS Decd.

 

At this day comes GEO. H. PEGUES and L. M____[MARTIN] two of the commissioners appointed by the court appraisers [of] the Estate of WM. BOUNDS decd. and returned to the court an Inventory and appraisement of the property of said decedent. Ordered by the Court that the same be approved and recorded.

 

Estate of MARY C. ROERTS Minor

 

At this day comes PETER E. ROBERTS Guardian of MARY C. ROBERTS and represents to the court that there is certain personal property belonging to the Estate of his ward that is liable to waste and to be wholly lost to his ward, and prays the court for an order of sale, for said property. And it appearing to the court that it will be to the advantage of the said Ward to have said property sold, Ordered by the court that PETER E. ROBERTS Guardian as aforesaid, proceed to sell on a credit of twelve months at public auction at his residence in Collin County, to the highest bidder, taking note or notes of the purchaser or purchasers, and good personal security on the fifteenth day of August A. D. 1859 between the hours of 10 A. M.-4 P. M. Sale to continue from day to day untill (sic) the whole of said property shall have been sold, to wit: three head of horses, two mules, one wagon, one lot of sheep, one Loom, one Spining (sic) wheel, one Broad ax and one lot of wool, 4 head of Jinny (Jenny) stock & one bed stead.

 

Estate of JOHN H. COLLINS Decd.

 

 

At this day come the commissioners appointed at a previous terms of this court to make partition and distributions of said Estate, to make their Report and it appearing to the Court that there had been Some irregularity in papers previously returned into this court pertaining to said Estate that were calculated to prevent a fair and impartial partition and distribution of said Estate, Ordered that this cause be continued to the next term of this Court.

 

[ESTATE OF B. C. STROTHER]

 

At this day come J. O. STRANGHAM who at a former term of this court was appointed to sell certain property belonging to the Estate of B. C. STROTHER and filed his account of sale and it appearing to the Court, that said sale was fairly made Ordered that the same be confirmed and Recorded.

 

Page 143

 

Ordered that court adjourn untill (sic) tomorrow morning 8 o’clock.

Court met pursuant to adjournment July 26^th 1859.

present J. J. Harrison Chief Justice

Buford Henry Clerk

 

Estate of WM. G. HAYWOOD, Dec.

 

 

At this day comes MOSES JONES Executor of the Estate of WM. G. HAYWOOD Decd. and filed in this Court his account against said Estate, which has accrued since the April Term of this Court 1858 to the present time, amounting to $190.25. Ordered that said account be approved and allowed.

 

Estate of THOS. F. BOREN, Decd.

 

 

At this day comes MOSES JONES Executor of the Estate of THOMAS F. BOREN decd. and filed an additional inventory of said Estate.

Ordered by the court that same be approved and recorded

 

Estate of the Minors Heirs of ALBERT G. WILSON & NANCY WILLIAMS.

 

 

At this day comes up this case to be heard, and ordered by the court that WESLEY A. WILLIAMS Guardian of said Minors be and he is hereby required to come forward and give New Bond as the Guardian of said Minors on or before the 27^th day of August next.

 

Ordered that court adjourn.

J. J. Harrison

 

 

State of Texas County Court Collin County Pertaining to

County of Collin Probate business In vacation August 24th 1859

J. J. Harrison Chief Justice

Buford Henry Clerk

 

Estate of the Minor heirs of ALBERT G. WILSON & NANCY WILLIAMS

 

Now at this day comes WESLEY A. WILLIAMS and filed with the Clerk of this Court new Bond as the Guardian of the Minor heirs of ALBERT G. WILSON and NANCY WILLIAMS, which said bonds are approved by the Court. Ordered by the Court that WILLIAM ORENDUFF and DAVID STIFF be and they are hereby released from all liabilities for the future acts of the said WESLEY A. WILLIAMS Guardian as aforesaid.

J. J. Harrison

Chief Justice

 

Page 144

 

August Term 1859

 

 

State of Texas The county court of Collin County

County Collin Pertaining to probate business met

On the 29^th day of August 1859

 

Present J. J. Harrison Chief Justice

Buford Henry Clerk

Jas. L. Read Depty. Sheriff

 

Estate of Minor Heirs of MARIAH L. BENGE Decd.

 

Ordered by the Court that WILLIAM B. BENGE who was at a previous term of this court appointed Guardian of the property of LAURA H., ROBR L., CHARLES J., and WILLIAM M. BENGE be and he is hereby Removed from said appointment as the Guardian of the said LAURA H., ROBT. T., CHARLES J. and WILLIAM M. BENGE for having failed to return into this Court an Inventory and appraisement of the property of said Minors, as required by Law.

 

Estate of the Minor heirs of HENDERSON R. SEARCY Decd.

 

At this day comes LEONDARD SEARCY, who on the 12^th day of August 1859 filed his petition with the clerk of this court his petition for the appointment of Guardian of the property of the Minor heirs of HENDERON R. SEARCY Decd. and it appearing to the Court that notice of said petition has been given as required by law, Ordered by the Court that the said LEONARD SEARCY be and he is appointed the Guardian of the property of said Minors, that is in the county of Collin Texas, and that Letters Issue upon the said LEONARD SEARCY giving bond and good security in the sum of (blank)

 

Estate of WM. G. HAYWOOD, Decd.

 

At this day comes FIELDEN TWEEDLE Executor of said Estate and filed an account against said Estate for serviced Rendered for Seventy Nine Dollars and 15 cents. Ordered by the Court that the same be and is hereby allowed.

 

Estate of G. S. MORRIS

 

Ordered by the Court that GEORGE H. PEGUES, G. M. MARTIN and CHARLES STEWART be and they are appointed commissioners to appraise the Estate of GEORGE S. MORRIS, that is in the State of Texas, and make report to this Court.

 

Page 145

 

Ordered that the Court adjourn untill (sic) tomorrow morning 8 o’clock.

 

August 39^th 1858 Court met according to adjournment.

Present J. J. Harrison Chief Justice

Buford Henry Clerk

Jas. R. Read Dept. Sheriff

 

Estate of MOSES SPARKS Decd.

 

Ordered by the Court that ELIZABETH SPARKS Widow of MOSES SPARKS Decd. be and She is hereby allowed the sum of Fifty dollars for her maintenance for one year.

 

Ordered by the court that there be and is hereby set apart to ELIZABETH SPARKS widow of MOSES SPARKS decd. all such property as is separate (?) from execution or forced sale by the Constitution or laws of the State of Texas, as provided by Hartley’s Digest Art. 1154.

 

Estate of JOHN H. COLLINS Decd.

 

Ordered by the Court that the Report of the Commissioners appointed by this Court to make partition and distribution of said Estate, which was continued at the last term of this Court be and the same is continued until the next term of this Court for further consideration by the Court.

 

Estate of GEO. S. MORRIS

 

At this day comes R. L. WADDILL Guardian of GEO. S. MORRIS and the Commissioners appointed by the Court to appraise so much of the Estate of the said G. S. MORRIS as was in the State of Texas and filed Inventory and appraisement of said Estate. Ordered by the Court the same be approved and Recorded by the Clerk of said Court.

 

Estate of CELEB PHILIPS Decd.

 

At this day come WILLIAM A. PHILIPS administrator of the Estate of CELEB PHILIPS Decd. and represents to the Court the necessity of an order of Court for the sale of the property of said Estate, by presenting to the Court the probable expenses of administration and the amount of claims against said Estate, and it appearing to the Court that there is a necessity for…

 

Page 146

 

…said sale, Ordered by the Court that the administrator of said Estate proceed to sell all the personal property belonging to said Estate concisting (sic) of one horse, lot of cattle, lot of wheat, one Feather Bed, Farming & utensils at his Residence in Collin County on a credit of Six Months, taking bond and good security of the purchaser or purchasers, said sale to be on the Monday the 12^th day of Sept. 1859 between the hours of 10 A. M. and 4 P. M.

 

Ordered also by the court that the administrator of the Estate of CALEB PHILIPS Decd. proceed to sell on Tuesday the 4^th day of October 1859 at the Court house door in the Town of McKinney between the hours of 1o A. M. and 4 P. M. at public out cry to the highest bidder on a credit of 12 months, the purchaser of purchasers giving bond and good personal security and a mortgage upon the lands hereinafter named to secure the payment of the purchase money, to wit: one tract of land situated in Collin County on the water of Wilson’s Creed, a part of JONATHAN PHILIP’S Colony headright survey of 632 acres of land, Beginning at a Post in the west line thereof 20 chains North of the south west corner thereof, Thence North 20 chains, Thence East 40 chains, Thence South 20 chains, Thence West 40 chains to the place of Beginning, Containing 80 acres of land, also 12 ½ acres of timbered land in said County of Collin on the waters of the East fork, a part of the survey of 3029 acres in the name of WILLIAM DAVIS notice to be given as required by Law.

Estate of CYNTHIA O. and WM. P. YEARY Minors

 

At this day comes WALTER YEARY Guardian of the person and property of CYNTHIA O. YEARY and WM. P. YEARY Minors and heirs at Law of JAMES W. YEARY Decd. and makes an exhibit of the amount of money which has come into his hands since his last settlement with the court between himself and said wards, as follows. $358.70

Balance on hand $ 96.01

Also an account current with said Wards

From the 27^th day of October A. D. 1856 to the 29^th day of August 1859 to this amount:

$252.00

Which show an indebtedness of said Wards to be $155.99

All of which being proven to the satisfaction of the Court by the testimony of MOSES JONES, FIELDEN TWEEDLE, & WALTER YEARY. Ordered by the Court that the same be approved and is hereby allowed.

 

 

Page 147

 

Estate of C. O. & WM. P.YEARY Minors

 

At this day comes WALTER YEARY Guardian of the persons and property of CYNTHIA O. & WM. P. YEARY Minors and heirs at law of JAMES W. YEARY and files with the Clerk of the County an account of sale of personal property of said Wards. Ordered by the Court that said account of sale be approved and Recorded by the Clerk.

 

Estate [of] SAML. S. BLACKBURN Decd.

 

At this day comes JOSEPH M. BOUNDS administrator of the Estate of the SAML. S. BLACKBURN Decd. and made his Annual Report. Ordered by the Court that the same be and is hereby approved.

 

 

Ordered that court be adjourned.

J. J. Harrison

Chief Justice

 

Page 148

 

The State of Texas The County Court of Collin County Pertaining

County of Collin to Probate business Sept. Term

Met September 26^th A. D. 1859 in the Town

of McKinney.

Present J. J. Harrison Chief Justice

Buford Henry Clerk

Jas. L. Read. Dept. “Sheriff

 

 

Community Property of WM. ORENDUFF and ELIABETH ORENDUFF his wife Decd.

 

 

At this day comes WILLIAM ORDENDUFF the husband and surviving Partner of ELIZABETH ORENDUFF, and by Petition, prays for the privilege of Filing and Inventory and appraisement of the community property of himself and deceased wife.

Ordered by the Court that JONATHAN ALLEN, LEWIS SHIRLEY, JOHN FITZHUGH, and MICHAEL MALLOW be and they are hereby appointed commissioners to appraise the community property of WILLIAM ORENDUFF and ELIZABETH ORENDUFF his wife Deceased and Make report to the next term of this Court. Issued.

 

Estate of JOHN J. MILLER Decd.

 

At this days comes JAMES T. FISHER administrator of the Estate of JOHN J. MILLER Decd. and by Petition asks for an order to rent the premises of said Decedent. Ordered by the Court that said administrator proceed to rent said Farm on the premises on Saturday the 8^th day of October 1859. Said renting to be untill (sic) the first day of October 1860, for Cash payable at the expiration of said renting, the renter giving bond and good personal security first giving ten days notice of the time and place of renting said premises, by written notice as required by law.

 

Estate of C. B. TACKINGTON Minor

 

At this day comes M. C. TACKINGTON Guardian of the person and property of C. B TACKINGTON, and makes his annual Report of the Condition of his Ward’s Estate. Ordered by the Court that said Report be and the same is hereby approved.

 

Ordered that Court adjourn untill (sic) tomorrow morning 8 o’clock.

 

Page 149

 

September 27^th A. D. 1859 Court Met according to adjournment .

Present J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

 

Estate of HENRY D. EAKLE Deceased

 

At this day comes CRISSA EAKLE and J. O. STRAUGHAM and by Petition asks for letters of administration upon the Estate of HENRY D. EAKLE Decd. and it appearing to the Court, that the said CRISSA EAKLE and J. O. STRAUGHAM had filed their application with the Clerk of said Court and that Notice of said application for letters administration had been given as the law requires, and there being no objections filed in this court to the Grant of said letters ordered by the Court that CRISSA EAKLE and J. O. STRAUGHAM be and the[y] are hereby appointed administrators of the Estate of HENRY D. EAKLE Decd. and the letters be issued, they having executed bond in the sum of Eighteen thousand dollars, with approved security.

 

Estate of HENRY D. EAKLE Decd.

 

Ordered by the Court that JAMES ELLIOTT, JAS. THOMPSON, JEPER (JASPER?) SHORT and T. Z. GROUNDS (T. Y. GROUNDS?) be and they are hereby appointed appraisers to appraise the Estate of HENRY D. EAKLE Decd. and make report to the next Term of this Court.

 

Estate of LAURA H., ROBERT T., CHARLES J. & WM. M. BENGE, Minors and heirs at Law of MARIAH L. BEND [BENGE?], Decd.

 

At this day comes THOMAS O. BENGE the Father of LAURA H., ROBT. T., CHARLES J. & WM. M. BENGE and asks in person for the appointment of Guardian of the property of the said LAURA H., ROBT. T., CHARLES J. & WM. M. BENGE. Ordered by the Court that THOMAS O. BENGE be and he is hereby appointed the Guardian of the property of LAURA H., ROBT. T., CHARLES J. & WM. M. BENGE, and that letters be issued to the said THOS. O. BENGE upon his filing his bond in the penal sum of Ten thousand dollars with good security.

 

Ordered by the court that GEO. W. BARNETT, JAS. C. FORMAN and JOSEPH FORMAN be and they are hereby appointed commissioners to appraise the Estates of LAURA H., ROBERT T., CHARLES J. & WM. M. BENGE and make report to this Court.

 

Page 150

 

Estate of the Minor heirs of HIRAM BLACKWELL Decd.

 

At this day comes J. B. WLMETT and makes his annual Report of the condition of his Wards Estate, (to wit) of the Minors Heirs of HIRAM BLACKWELL, as follows, to wit Said Guardian charges himself as per balance on Last settlement remaining in his hands $360.63 ¼

To Interest on said amt. to Sept 15^th/59 38.09

Total Charged $398.72 ¼

And Credits himself with this amount 230.70

Balance on hand $168.02 ¼

Ordered by the Court that the same be and is hereby approved.

 

Estate of SAML. COLEMAN Decd.

 

At this day comes NANCY A. COLEMAN Administratrix of SAML. P. COLEMAN Decd. and by Petition prays for an Order for sale of land consisting of Mill and Mill site of 2 2/2 acres according to metes and bounds as follows, to wit: Beginning at a stake on the West Bank of Sister Grove Creek from which an Oak Mrk X bears South 44 ½ West 4’ links Thence South 11 [degrees] East 5 chains, a stake from which an oak mkd x bis (?) South 25 East 5 links, Thence North 79 [degrees] East crossing the creek 5 chains to a ledge of Rock a walnut mkd X bis (?) North 85 [degrees] West 9 links, Thence North 11 [degrees] West 5 chains a stake from which an oak marked x bears North 59 ½ west 55 links Thence South 79 links to the beginning and the court being satisfied from the facts before the Court that said sale is necessary for the payment of debts, it is therefore ordered by the court that said admrs. proceed to see the above mentioned and described tract or piece of land, at public out outcry, on the first Tuesday of November 1859 first giving at least twenty days notice of the time and place of sale, by posting written notices thereof in three pubic places in the County of Collin, one at the Court house door, in the Town of McKinney, and two others at two public places in said County but not in the same Town, said sale to be between the hours of 10 A. M. and 4 P. M., said land to be sold on twelve months credit, the purchaser giving bond and good personal security and a mortgage on said land to secure the payment of the purchase money.

 

Estate of MARY C. ROBERTS Minor

 

At this day comes PETER E. ROBERTS Guardian of MARY C. ROBERTS and returned into Court an account of sale of his said ward’s personal property. Ordered by the Court that same be confirmed and recorded by the clerk.

 

Page 151

 

Estate of JOHN H. COLLINS, Decd.

 

At this day comes up the cause to be heard, upon the report of the commissioners, appointed at the June Term of this Court, to make Partition and distribution of the Estate of JOHN H. COLLINS decd. and it appears to the satisfaction of the court that there is an Error in the former order of this court in it direction of the distribution of shares of said Estate, to the heirs of said Estate, It now appearing to the satisfaction of the Court, that Said Estate, is Community property of the said JOHN H. COLLINS Decd. and CHARLOTTE COLLINS his wife, Ordered therefore by the Court that the former order of this Court made at the June Term, be and the same is hereby declared null and void, in the direction of the partition and distribution of said Estate as set forth in said order. And it is now ordered by the Court that CHARLES RECTOR, ALLEN T. TARLINGTON, EDWARD CHAMBERS, and A. T. ROBERTSON, be and they are hereby appointed commissions to Partition and distribute said Estate among the following names Heirs and legatees of said Estate, all of whom are citizens of Collin County, to wit, CHARLOTTE COLLINS, widow of the said JOHN H. COLLINS Decd., and MILDRED COLLINS, ALEXANDER COLLINS, RICHARD COLLINS, EMILY COLLINS and MOURTON COLLINS, children of the said JOHN H. COLLINS, Decd. & CHARLOTTE his wife, which said children are minors and CHARLOTTE COLLINS the Guardian of each one of them. 1^st said commissions will set apart one half of the land belonging to said Estate to CHARLOTTE COLLINS, in her own right and also one half of all the personal property of said Estate. 2d. The other half, they will set apart to the children, as above named, and make partition and distribution of the said one half among the said children, giving to MILDRED COLLINS 1/5^th part, to ALEXANDER COLLINS 1/5^th part, to RICHARD COLLINS 1/5^th part, to EMILY COLLINS 1/5^th part, and to MOUTON COLLINS 1/5^th part of the said one half of said Estate both of the real and personal (the property to be shown by the Administratrix of said Estate and make report to the next term of this Court.

 

Estate of E. J. TALKINGTON, Minor

 

Ordered by the Court that LEONIDAS M. TALKINGTON, Guardian of ELIZABETH J. TALKINGTON be cited to appeared at the next term of this Court, and file an additional Inventory of the Effects of his Ward’s Estate.

 

 

Page 152

 

Estate of C. B. TALKINGTON, Minor

 

Ordered by the Court that M. C. TALKINGTON, Guardian of C. B. TALKINGTON be cited to appear at the next Term of this Court and file an additional Inventory of the Effects of his Ward’s Estate.

 

Estate of WM. PERRIN, Decd.

 

Ordered by the Court that the Petition of JAS. S. PERRIN vs. WM. PERRIN be continued to the next Term of this court, the citation not having been returned unto this court.

 

Ordered that Court be adjourned.

J. J. Harrison

Chief Justice

 

Page 153

 

State of Texas County Court Collin County Pertaining

County of Collin to Probate Business In Vacation

October 4^th 1859.

J. J. Harrison Chief Justice

Buford Henry Clerk

 

Estate of HENRY D. EAKLE Decd.

 

At this day comes CRISSAY EAKLE and J. O. STRAUGHAM administrators of the Estate of HENRY D. EAKLE Decd. and filed an Inventory and appraisement of the Estate of said HENRY D. EAKLE Decd.

Ordered by the Court that said Inventory and appraisement, be recorded by the Clerk.

 

Now also come at this day CRISSAY EAKLE and J. O. STAUGHAM administrators of the Estate of HENRY D. EAKLE Decd and filed their Petition praying the Court for an order of sale of the personal property belonging to said Estate and it appearing to the Court, that said personal property was liable to waste and to be lost,

Ordered therefore by the court that the said administrators proceed to sell said personal property, consisting of Horses, cattle, Sheep, Hogs, &c, on the 21^st day of October 1859 and continue from day to day untill (sic) said property shall have been sold, said sale to be at the late residence of said decedent, between the hours of 10 A. M. and 4 P. M. and on a credit of 12 Months on all sums over five dollars, sums of $5, and under to be paid in hand, the purchaser or purchasers giving bond and good personal security on all sums over five dollars.

J. J. Harrison

Chief Justice

 

State of Texas

County of Collin County Court Collin County Pertaining to Probate

Business In vacation Oct. 24^th 1859

J. J. Harrison Chief Justice

Buford Henry Clerk

 

Estate of WM. BOUNDS. Decd.

 

Now at this day comes DANIEL J. FRANKLIN one of the securities of JOSEPH M. BOUNDS upon his Bond as administrator of the Estate of WM. BOUNDS deceased and filed his petition praying the Court to require the said JOSEPH M. BOUNDS to give New Bond as administrator of said Estate and that the said D. J. FRANKLIN be released from any further liabilities for the future actions of said administrator. Ordered by the court that the said JOSEPH M. BOUNDS administrator as aforesaid be cited to appear at the next Term of this court and give new Bond as administrator of said Estate.

J. J. Harrison

Chief Justice

 

Page 154

 

State of Texas County Court of Collin County, pertaining

County of Collin to Probate business met on Monday the 31^st

Day of October A. D. 1859 Regular Term said Court

Present J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

 

Estate of JAMES A. MUSE, Minor & heir at Law of THOS. C. MUSE Decd.

 

Now at this day comes in this cause to be heard, and it appearing to the satisfaction of the Court, that JAMES S. MUSE filed with the Clerk of the Court, his Petition for appointment of Guardian of the person and property of JAMES A. MUSE, and that Notice of the filing of said petition had been given by said Clerk as required by Law and no person appearing and contesting said appointment, therefore ordered by the court, that JAMES S. MUSE be and he is hereby appointed Guardian of the person and property of JAMES A. MUSE, Minor and heir at law of THOS. C. MUSE decd. late of the State of Virginia, Pittsylvania County, under and with the will of the said THOS. C. MUSE decd. aforesaid annexed (?) a transcript of which said will, properly authenticated is now on file in this court and be it further ordered by the court that said transcript of said will together with the authentication be recorded by the clerk of said Court, in the Minutes of said Court, and that letters of Guardianship upon the person and property of the said JAMES A. MUSE be issued to the said JAMES S. MUSE upon the said JAS. S. MUSE entering into bond with said Court, in the sum of Fourteen thousand dollars with good personal security to be approved by the Court.

 

Estate of ALBERT N. WILLIAMS

 

Now at this time this cause comes on to be heard, and it appearing to the satisfaction of the court, that J. Z. A. WALKER filed his account current with ALBERT N. WILLIAMS his ward with the clerk of said Court, and that notice of the filing of said account current had been given as required by Law, and the said J. Z. A. WALKER Guardian, as aforesaid and ALBERT N. WILLIAMS his Ward, appearing in open Court, and the said ALBERT N. WILLIAMS having reached the age of 21 years, and having given his receipt to his said Guardian for all the property due and Coming to him from his Guardian, ordered by the Court that the said J. Z. A. WALKER Guardian as aforesaid be and he is hereby released from his Guardianship of his said ward and from all future liabilities as said Guardian.

 

Estate of MAZE R. FOSTER Decd.

 

Ordered that this cause be continued to the next Term of this court for final Settlement that the admr. may get up his vouchers.

 

Page 155

 

Estate of ELIZABETH ORENDUFF Decd.

 

Now at this day this cause comes on to be heard and it appearing to the court that WILLIAM ORENDUFF filed with the Clerk of this court his petition for the appointment of administrator of the Estate of MARY ELIZABETH ORENDUFF his wife deceased, and that notice of the filing of said petition had been given by the clerk as required by law, and no person or persons appearing and contesting said appointment ordered by the court that the said WILLIAM ORENDUFF and he is hereby appointed administrator of the Estate of MARY ELIZABETH ORENDUFF deceased, and that letters be issued the said WILLIAM ORENDUFF, upon his giving Bond and good personal security in the sum of sixteen thousand dollars.

 

Ordered by the court that WILLIAM ORENDUFF be and he is hereby authorized and permitted to withdraw from this court all the proceedings the said WILLIAM ORENDUFF has had in this court upon the community property of himself and MARY ELIZABETH ORENDUFF his wife deceased, under an act approved August 26^th 1856.

 

Ordered by the Court that LEWIS SHERLEY, JONATHAN ALLEN, JOHN FITZHUGH and MICHAEL MALLOW, be and they are hereby appointed appraisers of the Estate of MARY ELIZABETH ORENDUFF deceased and make report to this Court.

 

Estate of HENRY O. HEDGCOXE & HUMPHREY M. HEDGCOXE, Minors

 

Now at this day comes up this course to be heard, and it appearing to the satisfaction of the Court, that OLLIVER (sic-OLIVER) HEDGCOXE filed his petition with the clerk of this court, his petition for the appointment of Guardian of HENRY O. HEDGOXE and HUMPHREY M. HEDGCOXE, Sons of the said OLLIVER HEDGCOXE under the age of 14 years, and that the said clerk had given notice of the filing of said petition as the law required. Ordered by the court that OLIVER HEDGCOXE be and he is hereby appointed the Guardian of the person and property of HENRY O. HEDGCOXE and HUMPHREY M. HEDGCOX (sic) and that letters be issued to the said OLLIVER HEDGCOX (sic) giving bond with good personal security in the sum of Sixteen hundred dollars.

 

Estate of ANDREW J. ATKINSON, Minor

 

Now at this day comes ANDREW J. ATKINSON Minor over the age of 14 years and an heir at Law of JAMES ATKINSON decd. and choose in open court OLLIVER HEDGCOXE (OLIVER HEDCOXE) his Guardian, therefore ordered by the court that OLLIVER HEDGECOXE be and…

 

Page 156

 

,,,he is hereby appointed the Guardian of the person and property of the said ANDREW J. ATKINSON and that letters be issued upon his giving bond and good personal security in the sum of sixteen thousand dollars.

 

Estate of JASPER GRUNDY HEDCOXE Minor

 

Now at this time comes on the cause to be heard and it appearing to the satisfaction of the court that JOHN O. HEDCOXE has filed his petition with the clerk of this court for the appointment of Guardian of the property of JASPER G. HEDGCOX his son, notice of the filing of said petition had been given as required by Law. Therefore Ordered by the court that JOHN O. HEDGECOXE be and he is hereby appointed the Guardian of the property of JASPER G. HEDGCOXE and that Letters issue to the said JOHN O. HEDCOXE on his giving bond and good person security the sum of sixteen hundred dollars.

 

Estate of CALEB PHILIPS Decd.

 

Now at this day comes up this cause to be heard, and WILLIAM A. PHILIPS administrator of the Estate of CALEB PHILIPS decd. returned unto court an account of the sale of certain lands belonging to said Estate, and it appearing to the satisfaction of the court that the said sale had been made in accordance to an order of this court, and in all things fairly, therefore ordered by the Court that said account of sale be and the same is hereby confirmed, and that the clerk Record the Same and it is further ordered adjudged and decreed by the Court that WILLIAM A. PHILIPS administrator as aforesaid make conveyance of all the rights, title and interest that the said CELEB PHILIPS had in and to said lands at the time of his death, to the purchasers thereof.

 

Ordered that Court adjourn untill (sic) to Morrow Morning 8 O’Clock.

 

Nov. 1^st 1859 Court Met according to adjournment 2^nd day of said Term of Court.

 

Estate of JOSHUA B. LEE decd.

 

Now at this time comes on this cause to be heard, and it appearing to the satisfaction of the court that ZERITHA (?) LEE had filed her Petition with the clerk of this court for the appointment of administratrix on the Estate of JOSHUA B. LEE deceased and that notice of the filing of said petition had been…

 

Page 157

 

…given as required by Law, Ordered therefore by the Court that ZURITHA (?) LEE be and she is appointed administratrix of the Estate of JOSHUA B. LEE decd. and that letters be issued to the said ZURETHA LEE upon her giving bond and good personal security in the sum of 6000 dollars.

 

Estate of CALEB PHILIPS Decd.

 

Now at this day comes on this cause to be heard, and it appearing to the Court that WILLIAM A. PHILIPS admr. of the Estate of CALEB PHILIPS decd. had filed with the clerk of said court an account of sale of the personal property of said decedent, made on the 17^th day of Sept. 1859 and it appearing to the court that said sale had been fairly made, therefore ordered by the court that the same be confirmed and that the clerk Record the same.

 

Estate of HENRY D. EAKLE Decd.

 

Now at this time this Cause came on to be heard, and it appearing to the Court that J. O. STRAUGHAM and CRISSAY EAKLE admrs. of HENRY D. EAKLE decd. had filed with the clerk of this court an account of sale of the personal property of said Decedent on the 21^st day of October 1859, on a credit of 12 months, and it appearing to the Court that said sale had been fairly made, Therefore ordered by the Court that sale be in all things confirmed and that the clerk record the same,

 

And this being the first term of the Court since the original grand of letters of administration upon the Estate of HENRY D. EAKLE decd. Ordered by the court that there be and and hereby is allowed $125 for the support of the widow and minor children of said decedent for one year.

 

And this also being the first term of the Court after the inventory and list of claims have been returned of the Estate of HENRY D. EAKLE decd. ordered by the court that there be and there is hereby set apart for the use and benefit of the widow and children of said decedent, all the property exempted from execution or forced sale by the constitution or laws of the state.

 

Estate of WM. BOUNDS decd.

 

Now at this time comes on this course to be heard, and it appearing to the court that citation had not been served upon JOSEPH M. BOUNDS admr. of the Estate of WM. BOUNDS Decd. to give a new bond as said admr. upon said Estate upon the complaint of D. J. FRANKLIN, Ordered by the Court that this cause be continued to the next term of this Court.

 

Page 158

 

Estate of JOSHUA B. LEE decd.

 

Ordered by the Court that GABRIEL PHILIPS, JOSEPH DIXON and JOHN M. McKINNEY be and they are hereby appointed to appraise the Estate of JOSHUA B. LEE deceased and make report to this court.

 

Estate of SAML. P. COLEMAN Decd.

 

Now at this time this cause come on to be heard, and it appearing to the court that NANCY A. COLEMAN admr. of the Estate of SAML. P. COLEMAN decd. had been prevented from posting up notices of the sale of certain real Estate to wit 2 ½ acres of land belonging to said Estate directed to be sold by an order of this court at the September term 1859. Therefore ordered by the court that the said admr. proceed to sell said land on the first Tuesday in December 1859 upon the term of said order, and as therein directed.

 

Estate of E. J. TALKINGTON Minor

 

Now at this time comes L. M. TALKINGTON Guardian of E. J. TALKINGTON, and returns into Court an Additional Inventory of his Ward’s Estate, Ordered by the court that the same be recorded by the clerk.

 

And the said L. M. TALKINGTON Guardian of E. J. TALKINGTON also made his annual Report of the Condition of his ward’s Estate which said Report shows there to be in the hands of the said L. M. TALKINGTON Guardian as aforesaid uninvested (?) at this day fifty three dollars & 87 cents. Ordered by the court that said report be and the same is hereby approved.

 

Estate of JOHN H. COLLINS Decd.

 

Now at this time come EDWD. CHAMBERS, A. A. TALKINGTON and A. T. ROBERTSON Commissioners appointed by this court to make Partition and distribution of the Estate of JOHN H. COLLINS Decd. and made their Report, and it appearing to the Court that said Partition and distribution has been fairly made, and no person appearing and contesting the same, Therefore ordered by the Court that the same be and hereby confirmed, and the clerk Record the same.

 

And said Commissioners also reporting to this Court that they could not make partition and distribution of the personal property of said Estate among the minor heirs without manifest injury, and recommending to the court the sale of said personal property as set apart to said minor heirs, therefore ordered by the court that CHARLOTTE COLLINS the Guardian of said Minor heirs proceed to sell said property set apart to said Minors…

 

Page 159

 

…consisting of 2 Horses, one Mule, and a lot of Cattle at her residence in Collin County on the 25^th day of November 1859 on a Credit of 12 Months, taking bond and a good personal security from the purchaser or purchasers, giving at least ten days notice of the time and place of said sale, by posting up written notices, one at the Court house door in the town of McKinney, and two others in two public places in the County but not in the same town, said sale to be between the hours of 10 A. M. and 4 P. M.

 

Estate of LAURA H., ROBT. T., CHARLES J., WM. M. BENGE, Minors and heirs at Law of MARIAH L. BENGE Decd.

 

Now at this time this cause on to be heard, and it appearing to the court that THOMAS O. BENGE, who was at the September term of this court 1859 appointed Guardian of the property of the above named LAURA H., ROBERT T., CHARLES J. & WM. M. BENGE, has failed to file his bond as required by Law, Therefore Ordered by the court that the said THOS. O. BENGE Guardian as aforesaid be and he is hereby removed from the said trust as Guardian of the proper[ty] of said minors.

J. J. Harrison Chief Justice

 

Page 160

 

Novr. Term 1859

 

State of Texas The County Court of Collin County Pertaining

Count of Collin to Estates holden in the Town of McKinney and commencing (?) on the

28th day of Novr. 1859.

Present J. J. Harrison Chief Justice

Buford Henry Clerk

 

Estate of the Minor Heirs of JOHN SPEER JR.

 

Now at this day come on this cause to be heard and it appearing to the Court that JOHN SPEER Senr. Had filed with the Clerk of this Court his petition for the appointment of Guardian upon the person and property of ELIZA J., LAURA E. and JOHN F. SPEER, Minors and heirs at law of JOHN SPEER JR. decd. and that notice and said petition had been given as required by Law and no one appearing and objecting to said appointment, ordered by the Court that JNO. SPEER SENR. be and he is hereby appointed the Guardian of the person and property of ELIZA J., LAURA E. and JOHN F. SPEER and that letters be issued to the said JOHN SPEER, he having entered into bond in the sum of Five hundred dollars with approved person security.

 

Estate of DAVID WETSEL Decd.

 

Now at this day come on this cause to be heard, and it appearing to the Court that SARAH M. WETSEL and PETER WETSEL had filed their petition with the Clerk of this Court for the appointment of Administrators upon the Estate of DAVID WETSEL deceased, and that notice of the filing of said petition had been given as the law requires and no one appearing and contesting the appointment of the said SARAH M. and PETER WETSEL, Ordered by the Court that SARAH WETSEL and PETER WETSEL upon their entering into Bond with personal security in the sum of Thirty thousand dollars.

 

Estate of THOMAS FINLEY Deceased

Now at this day this cause comes on to be heard and it appearing to the satisfaction of the court that WILLIAM H. HOLLIDAY had filed with the clerk of this court the last Will and testament of THOMAS FINLEY deceased for Probate, and his petition, for the appointment administrator upon said Estate with the will annexed and that notice of the filing of said will and petition for appointment of administrator had been given as required by law, and said last will and testament of the…