Page 161
…said THOMAS FINLEY
having been proven in open Court by the oath of T. G. KENNEDY one of the subscribing witness thereto, and no one
appearing and filing objection thereto, ordered by the court that said last
Will and testament together with the affidavit be recorded and that WILLIAM H. HOLLIDAY be and he is hereby
appointed administrator of the Estate of THOMAS
FINLEY Deceased, and with the will
annexed, and that letters be issued to the said WILLIAM H. HOLLIDAY upon
his entering into Bond with good personal security in the sum of six thousand
dollars.
Ordered by the Court that GODFREY BACUS (BACCUS), OLIVER E. BUSH, S. A. ELKIN and HOGUE WITT be and they are appointed
commissioners to appraise the Estate of THOMAS
FINLEY deceased and make report to this Court.
Ordered that Court adjourn untill (sic) tomorrow morning 8
o’clock.
Novr. 29th 1859 Court met according to
adjournment 2d day of the term.
Estate
of WM. PERRIN deceased
Now at this time this cause comes on to be heard, and it
appearing to the satisfaction of the court that notice had been given of the
filing of the final account of the administrator of the Estate of WM. PERRIN for settlement with said
Estate and the term of the court at which said account would be acted upon as
required by Law and the court examining said account with all the exception
thereto, ordered by the court that said account be and the same is approved by
the court, and that the said administrator be allowed the sum of $57.50 as set
for the said account out of $75 amount collected for Rents.
Estate
of WM. PERRIN Deceased
Now at this day comes the administrator of the Estate of WM. PERRIN deceased and made his final
settlement with said Estate, and it appearing to the Court that all debts Known
to exist against said Estate have been paid, and that there is remaining in the
hands of said administrator, the following described property belonging to said
Estate, and subject to partition and distribution among the heirs of said
decedent, to wit: 1549 ¼ acres of land, in the County of Collin, including the
following named tracts, 611 acres said decedent’s own headright Patent No. 295,
216 acres WM. McCREARY Headright,
100 acres…
Page 162
…a part of CHARLES
PERRIN headright of 260 acre survey, 5 acres out of a survey 113 in the
name of ROBERT INGRAHAM on Rowlett’s
Creek, Deeded by GEO. WHITE, 617 ¼
acres out of a survey of 640 made in the name of JEREMIAH MUNCY, and a claim on LEWELLING
& ROBINSON on a receipt lately
discovered for Judgment recovered for said Estate subject to Coms (?) for
collection and jury fee—of $238.5. and that the following named persons are the
heirs at Law of the said WILLIAM PERRIN
deceased, to wit: ELLEN THOMAS, wife
of DAVID G. THOMAS, CATHERINE PARSON,
wife of JAS. W. PARSON, MARY HUFFMAN,
wife of JOHN S. HUFFMAN, AMANDA D.
THOMAS, wife of H. C. THOMAS, ANN E. JACKSON, wife of A. W. JACKSON, JAMES S. PERRIN, ABNER B.
PERRIN, CHARLES PERRIN, WM. PERRIN,
and the minor heirs of GEORGE
PERRIN deceased, all of whom are citizens of Collin County, State of Texas,
except the minor heirs of GEORGE PERRIN
deceased who are citizens of Wise County said state, and it is ordered by the
court that J. O. STRAUGHAM be and he
is hereby appointed Guardian ad Litum to
represent the interest of said minors, and it is ordered adjudged and decreed
by the Court that A. T. ROBERTSON, J. O.
STRAUGHAM and J. W. MAYSE (MAYZE?)
be and they are hereby appointed commissioners to partition and distribute said
Estate among the above named heirs and distributes, giving to each distribute
an equal portion of said Estate taking into consideration quality and quantity
also taking into consideration the advancements should it appear that there has
been any [advancements] made to any of the said Legatees and make report to the
next term of this court.
Estate
of MAIZE R. FOSTER Deceased
Now at this day this cause [comes] on to be heard, and it
appearing to the Court that JOHN M.
SALMONS admr. of the Estate of MAIZE
R. FOSTER Deceased has filed his account current with the Clerk of said
Court and that notice of the filing of said account for final settlement and
the term of the court upon which said account would be acted on had been given
as required by Law and the Court reinstating said account, and examining the
same with all the exceptions thereto ordered by the court that the same be and
is hereby approved.
Page 163
Estate of MAIZE R. FOSTER Deceased
Now at this day came JOHN
M. SALMONS administrator of the Estate of MAIZE R. FOSTER and made with this court final settlement with said
Estate, and it appearing to the court that all debts Known to exist against
said Estate had been paid, and that there is remaining in the hands of said
admr. the following described property subject to partition and distribution,
to wit: 326 ¾ acres of land in there about a part of the Headright survey of
the said MAIZE R. FOSTER Decd.—and
one hundred and eight dollars 36 cents, and that NANCY P. STIGALL wife of PETER
STIGALL, WM. H. FOSTER, MARY F. DAWSON, wife of GEORGE DAWSON, MALCUM FOSTER, JAMES FOSTER, and SANFORD HOSACK are the heirs at Law of
the said MAIZE R. FOSTER Decd. all
citizens of Collin County, Texas, ordered adjudged and decreed by the Court
that F. J. VANCE, JOSEPH FORMAN and WILLIAM BEVERLY be and they are hereby
appointed commissioners, to partition and distribute said above described
Estate, equally among the above named heirs, taking into consideration quality
and quantity, and avancements (advancements?) should it appear that there has
been any made to any of said named legatees and make report to the next term of
this court—
Estate
of HENRY D. EAKLE Decd.
At this time comes J.
O. STRAUGHAM admr. of the Estate of HENRY
D. EAKLE, and in writing represents to the court that there is some ten or
twelve head of cattle belonging to said Estate, running in the Range that have
not as yet been gotten up, nor apprised and prays the Court to appoint some
suitable persons to apprise the same when gotten up and for an order of sale,
authorizing him to sell the same. Ordered by the Court that the commissioners
heretofore appointed by this Court to appraised said Estate proceed to apprised
said cattle when called on by said admr. and that said admr. proceed to sell
the same at such time as may be most convenient, having said cattle appraised
at the same time, giving notice as required by law of the time and place of
said sale, selling on a credit of 12 months, taking Bond and good personal
security of the purchase or purchasers.
Estate
of THOS. PHILIPS Decd.
Ordered by the court that ANN E. JACKSON be allowed to withdraw an annual report filed in
this court by the said ANN E. JACKSON
Admr. of said Estate.
Page 164
Estate
of WM.
At this day come HARRISON
JAMISON by petition for final settlement of his account as administrator of
the Estate of WM. BUTLER deceased,
also by petition for partition and distribution of said Estate, and it
appearing to the Court that notice of this application has been posted and
published as required by Law, this court proceeding to examine said final
account restates the same by allowing and approving all the payments as made
and stated with the vouchers annexed but rejects the claim of said
administrator for attorney’s fee as charged, and for the personal services of
said administrator, allows the sum of 15 dollars instead of the sum of 40
dollars claimed and said administrator’s accounts as thus restated is audited
and settled by the Court, and it appearing to the Court that there remains in
the hands of said admr. subject to partition and distribution among the heirs
at law—one tract of land 640 [acres] in Collin County and State of Texas
patented to the heirs of said WM. BULTER
deceased by patent dated September 26th 1855 and that said heirs at
law of said WM. BUTLER deceased are
by name as follows to wit: MARY BUTLER,
Widow of said deceased and SARAH WARDEN,
JESSE BULTER, JOHN BUTLER, JOAH BUTLER, HULDA WARDEN, WM. W. BUTLER, ELIZABETH ARTERBERRY, CATHARINE BLEDSOE, MARY
GRINDSTAFF, GRACEY ERWIN, and MARY HINDERSON (HENDERSON?), children of
said deceased and the said MARY BUTLER,
WM. W. BUTLER & HULDA WARD being represented in Court
by their assignee HARRISON JAMISON
and said JOHN BUTLER, JOAH BUTLER,
CATHARINE BLEDSOE and MARY
GRINDSTAFF being represent in Court by the assignee JAMES B. JAMISON, satisfactory proof being made that said assignees
are entitled to receive the same and said JESSE
BUTLER and SARAH WARDEN and ELIZABETH
ARTERBERRY being not present or represented in Court, upon satisfactory
proof and said GRACY IRWIN and MARY HENDERSON being nonresidents of
Texas not present in Court, It is ordered adjudged and decreed by the Court
that A. T. ROBERTSON, TISDALE SPENCER,
and SILAS YARNELL be appointed
commissioners of partition to divide said tract of land among said heirs or
their lawful assignees in shares of average quality and quantities as
follows—by setting apart first—to HARRISON
JAMISON as assignee of MARY BULTER
of said deceased 320 acres or one half of said tract of average quality, it
being satisfactorily shown to the court
herein, that said tract of 640 acres is the headright community property of the
said WILLIAM and MARY
BULTER, second by setting apart to said HARRISON JAMISON as assignee of WM. W. BUTLER and HULDA
WARDEN 2 shares of 1/10 part each of said remaing [remaining] 320 acres
3dly [thirdly] by setting apart to JAMES
B. JAMISON as assignee of JOAB
BUTLER, JOHN BULTER, CATHARINE BUTLER
and MARY GRINDSTAF 4/11 part each of
remaining 320 acres and fourthly by setting apart to JESSE BUTLER, SARAH WARDEN, ELIABETH ARTERBERRY, GRACY…
Page 165
…ERWIN and MARY HENDERSON each one Share of 1/11th
each of said tract of 320 acres and that said commissioners to report to the
next Term of this Court.
From which Judgment of the Court the said HARRISON JAMISON claimed his appeal to
the next term of the District Court and give notice thereof in open court.
Estate
of JOSHUA B. LEE Deceased
At this day come the Commissioners appointed to appraise the
Estate of JOSHUA B. LEE and returned
into this Court Inventory and appraisement of said Estate. Ordered by the Court
that the same be and is hereby approved and ordered to be recorded.
Estate
of NATHAN, AMANDA & SOPHIA ROWLAND,
Minors
At this day come WM.
WEAR, SENR. Guardian of NATHAN,
AMANDA, SOPHIA ROWLAND, minors and heirs at Law of THOS. M. ROWLAND decd. and filed an additional inventory of the
effects which have come into his hands, ordered by the court that said
inventory be recorded by the clerk of this court.
Estate
of R. M. MUGG, Decd.
At this day come JAMES
M. BURK, ALVIS JACKSON, and SIMON
MUGG Citizens of Collin County and residents of the towns of Weston (?) in
said County by petition and represent that they are the regularly appointed
trustees of the Baptist Church at Weston and as such authorized to receive for
the use of the Church the property belonging to the same, and to managed and
control the same, and further represent that said church has erected at Weston a
church building, or meeting house, and that the land on which said building is
situated was subscribed and given to said church by R. M. MUGG Decd. in payment of his subscription to said building,
that is to say a parcel of Beginning at Dr. B. F. Berry’s N. e. Corner of his
town lot, thence North on Main Street 140 feet, thence West, South & East 140
feet each Way upon which the Church house now stands, and that said MUGG died without make conveyance to
said land and that ELISHA CHANBERS
is administrator, and that said CHAMBERS be cited etc., the said CHAMBERS appearing in Court by his atty. ALEXD.
Page 166
Estate of C. B. TALKINGTON, Minor
At this [time] comes M.
C. TALKINGTON Guardian of C. B.
TALKINGTON and retuned into Court an additional inventory of the effects of
his Ward’s Estate. Ordered by the Court the same be recorded by the Clerk of
this Court.
Estate of DAVID WETSEL Decd.
Ordered by the Court that S. B. SKIDMORE (?), J. J. HOWE and JOHN W. HAYNES be and they are hereby appointed commissioners to
appraise the Estate of DAVID WETSEL
Decd. and make report to this Court.
Estate of JOSHUA B. LEE Decd.
Ordered by the Court that ZURETHA LEE widow of J. B.
LEE decd. be allowed the sum of 100 dollars out of said Estate for the
maintenance of herself and children for one year. Also ordered by the Court
that there be set apart for the use and benefit of the said widow and children,
all such property as is exempt from execution or forced sale by the
constitution or laws of the State, with exception of any exemption of one
year’s supply of provisions.
J.
J. Harrison
Chief
Justice
In
Vacation
State of
To
Estates Decr. 21st A. D. 1859
[Estate
of DAVID WETSEL]
Ordered by the court that WILLIAM B. BENGE be and he is hereby appointed a commissioner to
appraise the Estate of DAVID WETSEL
Decd. and make report to this Court.
Page 167
In vacation Decr. 13th 1859
[Estate
of WM. BOUNDS]
Ordered by the court that whereas J. M. BOUNDS admr. of the Estate of WM. BOUNDS Decd. has this day given a new Bond as said
administrator in compliance of an order of this court upon the complaint of D. J. FRANKLIN, one of the securities
of the said J. M. BOUNDS, upon his original
Bond as administrator of said Estate, that the said D. J. FRANKLIN be and he is hereby released from any future
liabilities as the security of the said
J. M. BOUNDS admr. aforesaid.
Page 168
December
Term A. D. 1859
State of
J.
J. Harrison Chief Justice
Buford
Henry Clerk
James
L. Read Dept. Sheriff
Estate
of EZEKIEL ROLAND Deceased
At this day comes JESSE
K. H. PACE by petition for the appointment of administrator, on the goods
and Estate whichever of EZEKIEL ROLAND
late of Collin County Deceased, intestate and it appearing to the satisfaction
of the Court that notice of the filing of the petition of the said J. K. H. PACE had been given as
required by Law and no one appearing and contesting said appointment, Ordered
therefore by the Court that JESSE K. H.
PACE be and he is hereby appointed
administrator of the Goods and Estate of the said EZEKIEL ROLAND, deceased, and that letters be issued to the said JESSE K. H. PACE upon his giving bond
and good personal security in the sum of six thousand Dollars.
Ordered by the court that ISAAC McMENNANY, WILLIAM L. MARTIN, CYRUS
GRIGSBY and DAVID SHIELDS be and
they are hereby appointed commissioners to appraise the goods and Estate which
were of EZEKIEL ROLAND late of
Collin County Deceased intestate and make report to this Court.
Estate
of THOS. FINLEY Decd.
Now at this day comes the administrator of the Estate of THOS. FINLEY Decd. and by petition
prays the court for an order of sale of certain property belong[ing] to said Estate, and it appearing to the Court that the
property prayed to be sold is perishable and lible
[liable] to waist [waste], ordered by the court that the administrator proceed
to sell at private sale, the surplus crop of said decedent at not a less price than the market price, to
wit corn, wheat & oats say about 25 bushels, of each and that he also
proceed to sell one young horse belonging to said Estate, on a credit of 12 months
at the court house Door in the Town of McKinney on the 7th day of
January 1860 at the Court house door in the Town of McKinney and to give the
notice as required by Law in such cases and to sell between the hours of 10 A.
M. & 4 P. M.
The said administrator of the Estate of THOS. FINLEY Decd. this day returned into Court an Inventory and
appraisement of said Estate. Ordered by the Court that the same be recorded.
Page 169
Estate
of SAML. P. COLEMAN Decd.
Now at this day comes NANCY
A. COLEMAN Admr. of the Estate of SAML.
P. COLEMAN Decd. and in writing Showed to this court the reason why she did
not make sale of certain property belonging to said Estate according to a
previous order of this Court, and prays the Court to make an order for the sale
of said property, on the first Tuesday in February 1860. Ordered by the Court
that the said NANCY A. COLEMAN admr.
as aforesaid proceed to sell said property on the first Tuesday in February 1860
as directed in the former order of this Court for the sale of said property.
Estate
of WM. BOUNDS Deceased, Minors
Now at this day comes KEZIAH
BOUNDS by petition and prays the Court for the appointment of Guardian upon
the person and property of FRANCIS M.
BOUNDS, GEORGE W. BOUNDS and MALINDA
C. BOUNDS Minors and heirs at Law of WM.
BOUNDS Deceased, and it appearing to the satisfaction of the Court that
notice of said petition had been given as the law required and no one appearing
and contesting said appointment and the said FRANCIS M. BOUNDS and GEORGE
W. BOUNDS being over the age of 14 years of age, appearing in open court
and choose the said KEZIAH BOUNDS as
their Guardian, ordered by the Court that the said KEZIAH BOUNDS be and she is hereby appointed the Guardian of the
person and property of FRANCIS M.
BOUNDS, GEORGE W. BOUNDS and MALINDA
C. BOUNDS who is under the age of 14 years and that letters be issued upon
the said KEZIAH BOUNDS giving bond
and personal security in the sum of one thousand dollars.
Ordered that Court adjourn till tomorrow morning 8 o’clock.
Decr.
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
Estate of WM. BOUNDS Deceased
Ordered by the Court that there be and is hereby set apart
to KEZIAH BOUNDS widow of WM. BOUNDS Deceased, all the property belonging to said Estate that is
exempt from forced sale by the constitution and laws of the State of Texas and
that she also be allowed the sum of seventy five dollars for the maintenance of
herself and children for one year.
Page 170
Estate
of
Now at this day come HENRY
C. TROTTER, by Petition for the appointment of administrator of the goods
and Estate of GRIFFIN TROTTER late
of Collin County Deceased, intestate, and it appearing to the Court that notice
of said petition had been given as required by Law, and no one appearing and
contesting said appointment, ordered by the court that HENRY C. TROTTER be and he is hereby appointed administrator of
said Goods and Estate which were of said GRIFFIN
TROTTER Deceased, intestate, and that letters be issued upon his giving
bond and a personal security in the sum on ten thousand Dollars.
Ordered by the Court that LARKIN HENDRICKS, JACOB HOOPER, JOHN M. C. EDENS, and JAMES H. McGAUGHY
be and they are hereby appointed appraisers to appraise the Goods and Estate
which were of GRIFFIN TROTTER late
of
Estate
of JOSHUA B. LEE, JOHN T. LEE Minor
heir
Now at this day comes JOHN
T. LEE a minor over the age of 14 years and an heir at Law of the Estate of
JOSHUA B. LEE Decd. and in open court
choose WILLIAM JACKSON his Guardian,
therefore ordered by the court that WILLIAM
JACKSON be and he is hereby appointed Guardian of the person and Estate of
the said JOHN T. LEE, and that
Letters of Guardianship issue to him upon his giving bond and personal security
in the sum of one thousand dollars.
Estate
of JOSHUA B. LEE
Now at this time come ZURITHA LEE administratrix of the Goods
and Estate which were of JOSHUA B. LEE
late of
Estate of WM. PERRIN Decd.
At this day come[s] A. T. ROBERTSON one of the coms. [commissioners] appointed to make partition and
distribution of said Estate and asked that said coms.
have till the next term of this court to make report. Ordered by court that
said comrs. have till next term to make report.
Page 171
Estate of WM. BOUNDS Decd.
Now at this day comes the admr. of
the goods and Estate which admr. of WM.
BOUNDS late of
Ordered that court adjourn
till tomorrow Morning 8 o’clock A. M.
Decr.
J. J
Buford Henry Clerk
Estate of DAVID WETSEL Decd.
Now at this day come the
commissioners appointed by this court to appraise the goods and Estate which
were of DAVID WETSEL Decd. and
returned into Court an Inventory and appraisement of said Goods and Estate
which being examined by the court, Ordered by the Court that the same be
approved and recorded.
Now also comes the administrator of
the goods and Estate which were of DAVID
WETSEL Decd. intestate and by petition in writing and prays the Court for
an order of sale of the personal property of said decedent, and it appearing to
the court that the property sought to be sold is liable to waist [waste],
perish and to be lost, It is ordered, adjudged and decreed b the Court that the
said administrator proceed to sell said personal property, consisting of
merchandise, one horse and a two Horse Hack in the Town of McKinney, on a
credit of 12 months on all sums over $10 taking bond and approved security of
the purchaser or purchasers, giving notice of the time and place of sale as
required by Law, said sale to take place at the earliest practicable period of
time.
And it is also ask[ed] by the
administrator of the estate of DAVID
WETSEL Decd. for an order of Court to rent the following property belonging
to said Estate, to wit…
Page 172
…one house and lot in the Town of
Estate of MAIZE B. FOSTER
It appearing to the satisfaction of
the court that the coms. [commissioners] appointed to
make partition and distribution of the Estate of MAIZE R. FOSTER Decd. did not Receive notice of their appointment
in time to make their report to this term of the court, ordered by the court
that said coms. have till the next term of this court
to make their report.
J. J.
Harrison
Chief Justice
State of
Estates January 4th 1860
Estate of
At this day come[s] HENRY C. TROTTER administrator of the
Estate of GRIFFIN TROTTER Decd. and
Returned into Court and [sic] Inventory and appraisement of said Estate, and
being examined and approved by the Court, ordered by the Court that the Clerk
Record the same.
Estate of
Now comes the administrator of the
Estate of GRIFFIN TROTTER, Decd. and
in writing asks the Court for an order of sale for the perishable property of
said decedent, and it appearing to the court that there is a necessity for the
sale of said property, ordered by the court that the admr. proceed to sell said
property on a credit of 12 months, the purchaser to give bond and personal
security, said admr. giving notice of the time and place of said sale as
required by Law, said sale to be on the 18th day of January 1860 at
the late Residence of said decedent, all of said perishable property to be
sold, except such as the widow of said Decedent is entitled to under the Law of
administration.
Page 173
State of
Deceased persons, Lunatics
etc.
In Vacation January 27th
1860.
[ELEANOR HAMPTONSTALL, non compos mentis]
Whereas Information has been made to
me the JOHN C. ESTES that ELEANOR HAMPTONSTALL is a lunatic and
non compos mentis, and that she (unreadable) of the informant and others
requires that the said ELEANOR be
put under restraint. It is thereupon ordered by the court that a writ be issued
commanding any lawful officer of Collin County to command twelve competent
Jurors of the county to be and personally appear before me at the house of JOHN C. ESTES in the said county on
Saturday the 4th day of February A. D. 1860. Then and there to Inquire
and (unreadable) verdict (unreadable) whether said ELEANOR be a lunatic or non compos mentis or not that
further proceedings may be had as the law directs.
J. J.
HARRISON Chief Justice
State of
The County Court of
Collin County Pertaining to Estates Met January he 39th A. D. 1860.
Present J. J. Harrison Chief
Justice
Buford Henry Clerk
Jas. L. Read Depty Shff.
Estate of the Minor heirs of NANCY WILLIAMS Decd.
Now at this time comes WESLEY A. WILLIAMS, guardian of said
minor heirs, and makes report of the condition of his Wards’ Estate, to wit,
that since the filing the inventory of said wards Estate there has come into my
hands the sum of $239.42, and has expended for said Wards, Board, Clothing,
Tuition and Medical services the sum of $473.70, which leaves in hands to this
date the sum of $1265.72. Ordered by the Court the same be and is hereby
approved.
Estate of MARY L. WILLIAMS, SARAH J. and MEDIENS
E. Minor heirs of NANCY WILLIAMS
Decd.
Ordered by the Court
that there be and is hereby set apart…
Page 174
…out of the Estate of MARY
L. WILLIAMS for her support and Education for the present year 120 dollars,
also for SARAH J. WILLIAMS, $120 AND
MEDICUS E. WILLIAMS 75 dollars for
same purpose, out of each of their said Estates.
Estate of
the Minor heirs of the Estate of ALERT
G. WILSON Decd.
Now at this day come[s] the Guardian of said minors and made
the following Report of the condition of his ward’s Estate, to wit: that since
the filing of the inventory of the Estate of said minors that there has come
into his hands for Negro Hire the sum of 694 dollars, and for Board and
clothing expended for said wards $476.41, and due on settlement as filed
$220.49, making all the sum of $696.89. Ordered by the Court that said report
be and the same is hereby approved.
Estate of ALBERTINE, JAMES D. and ALBERT G., Minor heirs of A. G. WILSON
Ordered by the Court that the Guardian of said minors appropriate
for the support and tuition of ALBERTINE
WILSON $120, to JAMES D. WILSON
$100, and to ALBERT G. WILSON $100.
Estate of NATHAN, AMANDA and SOPHIA ROLAND, Minor heirs of THOS.
M. ROWLAND Decd.
Now at this time comes WM.
B. WEAR SENR. Guardian of the aforenamed Minors NATHAN, AMANDA and SOPHIA ROLAND with a full and complete Statement
of the condition of the Estate of his said Wards, and his account current with
said Wards, and his application in writing to be discharged from his trust, and
it appearing to the court that notice of the filing of said statement and
account, and application had been given as the law required and no one
appearing and contesting said Statement and account of said wards Estate and JOHN W. ROWLAND being this day duly
appointed the Guardian of the person and property of the said NATHAN, AMANDA and SOPHIA ROWLAND minors and heirs as aforesaid and having given bond,
and letters of Guardianship upon the persons and property of said minors having
been issued to the said JOHN W. ROWLAND,
Ordered by the court that the said WM.
B. WEAR SENR. Guardian as aforesaid deliver
up to the said JOHN W ROWLAND the Estate
of said NATHAN, AMANDA and SOPHIA ROWLAND, and said WM. WEAR SENR. having complied in open
Court with this order therefore ordered by the court that the WM. WEAR SENR. be and he is hereby
discharged from his trust.
Page 175
Estate of ELIZABETH HENDRIX
Decd.
Now at this day comes WALTER
YEARY Executor of the last will and testament of ELIZABETH HENDRIX, with his account current (?) with said Estate
(unreadable) settlement and it appearing to said Court that notice of the
filing of said account for final settlement had been given of the time place
and when said account would be acted upon and to all person interested therein
as required by Law and one appearing and contesting said account and settlement
which shows paid out as per vouchers and commissions and espens
(expenses?) as 120 24/100 dollars and of cash Received 327 68/100 dollars,
showing a balance on hands to be distributed among the heirs of said Estate of
207 25/100 dollars, It is therefore ordered adjudged and decreed by the court
that said account and settlement be allowed and approved by the court, and that
the said WALTER YEARY Executor pay
said sum of 207 24/100 to CASEY BAILY
and AMANDA REGAN who are the heirs
at law of said Estate as follows to CASEY
BAILY 154 21/100 Dollars and to AMANDA
REGAN 53 23/100 dollars, taking
their receipts for the same into this court, be and he is hereby discharged
from his duty.
Estate of MAIZE R. FOSTER, Decd.
Now at this day come[s] the commissioners appointed by this
court to make partition and distribution of the Estate of the said MAIZE R. FOSTER among the heirs
thereof, and made their Report, whereupon the Court carefully examined the
same, and it appearing to the Court that said partition and distribution had
been fairly made and no one appearing and objecting to the same, ordered
adjudged and decreed by the court that the same be approved and recorded and
that the administrator deliver to the said distributees
their respective shares of the Estate on demand with the title deeds and papers
belonging to the same, and that said admrs. be
allowed the sum of $6.45 coms. [commission] on
$129.11.
Estate
of ELIZABETH ORENDUFF Decd.
Now at this day come the commissioners appointed by this
court to appraise the Goods and Estate which were ELIZABETH ORENDUFF and made their report, ordered by the court that
the same be recorded.
Page 176
Estate
of WM. PERRIN Decd.
Now at this day come the commissioners appointed by this
court to make Partition and distribution of the Estate of WM. PERRIN Decd. among the heirs thereof, and made their Report,
whereupon the Court carefully examined said partition and distribution among
said heirs, and it appearing to the court that said partition and distribution
had been fairly and impartially made, and no one appearing and contesting said
distribution and partition, Ordered adjudged and decreed by the court that the
same be confirmed and recorded by the clerk, and that the administrator of said
Estate, deliver to the said distributes their respective shares of said Estate,
on demand with the title, deeds, and papers belonging to the same.
Estate
of JOSHUA B. LEE Decd.
Now at this day comes ZURITHA
LEE administratrix of the goods and Estate of JOSHUA B. LEE Decd. and returned into Court an account of sale of
said Estate made by order of this Court and it appearing to the court that the
same had been fairly made, Ordered by the Court that the same be confirmed and
recorded by the clerk.
Estate of WM. BOUNDS Decd.
Now at this day comes J.
M. BOUNDS admrs. of the Estate of WM. BOUNDS Decd. and in writing showeth to the court that in consequence of the inclemency
of the weather he failed to make sale of certain property belonging to said
Estate according to a previous order of this court, and asks for an Order to
sell on the 18th day of February 1860. Ordered by the court that the
said J. M. BOUNDS admr. as
aforesaid, proceed to sell the property named in the previous order of this
court upon the terms therein stated.
Ordered
that court adjourn till tomorrow
morning 9 o’clock.
January 31st 1860 Court met according [to] adjournment 2d
Day present
J.
Harrison Chief Justice
Buford
Henry Clerk
Jas.
L. Read Depty. Sheriff
Page 177
Estate
of WM. S. PEGUES Decd.
Now at this day comes GEORGE
H. PEGUES by his application for the appointment of administrator in the
goods and Estate which were of WM. S.
PEGUES late of Collin Co. Decd. intestate and it appearing to the court
that notice of the filing of said application had been given as required by Law
and no one appearing and contesting said appointment, Ordered by the court that
GEO. H. PEGUES be and he is hereby
appointed administrator of the Goods and Estate of said Decedent and that
letters be issued upon his giving bond as required by Law.
Estate
of JOHN McKINNEY
Decd.
Now at this day come JOHN
C. EASTON by application for the appointment of administrator upon the
goods and Estate which were of JOHN McKINNEY late of Collin County Decd. intestate, and it
appearing to the Court that notice of the filing of said application had been
given as required by Law, and no one appearing and contesting said appointment,
and that said Estate is unrepresented, Ordered by the Court that JOHN C. EASTON be and he is hereby
appointed administrator De bonis non of said Estate
and that letters be issued to the said JOHN
C. EASTON, he having given bond as required by Law.
Estate of WM. S. PEGUES Decd.
Ordered by the court to
Estate of WM. G. HAYWOOD Decd.
Now at this day come MOSES
JONES & FIELDEN TWEEDLE
Executors of the last will and testament of WM. G. HAYWOOD Decd. and made their 2d Annual Report of
the Condition of said Estate, which said Exhibit shows since last report that
there has come into heir hands, from sale of property, $694.30 and for Negro
Hire $416.07 in all $1110. 37. Amount paid out under order of court $1279.59.
And allowed said Executor $361.23. And that there has been presented, allowed
& approved since last report claims against said Estate $93.48. MOSES JONES & FIELDEN TWEEDLE Executors of said Estate presents claims for fees
paid, services rendered &c. M. JONES
$26.45, F. TWEEDLE $65.38. Ordered
by the court that said Report be & is hereby approved and said accounts
allowed.
Page 178
Estate of R. M. MUGG Decd.
Now at this day come the administrator of the Estate of R. M. MUGG Decd. and made his annual
exhibit of the condition of the Estate of said Decedent, which said exhibit
shows that there has been presented allowed and approved claims against said
Estate $2511.02, without the interest thereon being calculated, and that there
is the amount of sale Bill of $1386.46 and claimed collected due the deceased
since his death $984.81, making the available means for the payment of debts
$2371.37, and that from estimates made that there is still an indebtedness of
$500 and to meet said indebtedness, said administrator prays for an order of
court to sell a remainder of personal property belonging to said Estate and
also for the sale of a portion of the real Estate, and it appearing to the
court that there is a necessity for the sale of said property, It is ordered
adjudged and decreed by the court, that the said administrator proceed to sell
at public outcry on a credit of (blank) months at the late residence of the
deceased, giving ten days notice of the time and place of sale as required by
Law, taking bond and approved security of the purchaser or purchasers. Also to
sell two small and detached lots of land near the Town of Weston of about 10 or
12 acres each and also a tract of land containing about 140 acres each and also
a tract of land containing about 140 acres lying north of a tract sold by
deceased to JAMES M. SPENCER and
West of the improved farm of deceased at the courthouse door in the Town of
McKinney on the first Tuesday in March, on a credit of 12 months, first giving
notice of the time and place of sale as required by Law, taking notes with
personal security and mortgage of the purchaser or purchasers of said lands to
secure the payment of the purchase money.
Estate of JOHN PHILLIPS non compes
mentis
Now at this day comes WM.
A. PHILLIPS Guardian of the said JOHN
PHILLIPS and makes an exhibit of the condition of his Ward’s Estate, which
shows in hands of land and claims the value of $992.24, said Guardian also present
an account of $85.11 for articles furnished his said wards, and asks the court
to allow the same. Ordered adjudged and decreed by the court that said account
of $85.11 be and the same is allowed.
Estate
of JOHN HAGGARD Decd.
Now comes S. A. ELKINS
admr. of the Estate of the said HAGGARD
and returns an additional inventory and sale to two Steers for the sum of $60.
Ordered by the court that the same be approved, confirmed and recorded.
Page 179
Estate
of THOS. F. BOREN Decd.
Now at this day comes MOSES
JONES Executor of the last will and testament of the said THOS. F. BOREN and makes his first
annual report of the condition of said Estate, which shows the amount of sales
made under said Will and order of the Court to be $444.30 and amt. [amount] of
claims presented within 12 months allowed and approved $89.85 and since that
time to the present $97.88, said Executor also presents an account against said
Estate for services and expenditures &c. for $50.59. Ordered adjudged and
decreed by the court that said exhibit be approved and said account of $50.59
be allowed the said Executor.
Estate
of ELIZA ANN TUCKER Minor
Now at this day come ELIZA
ANN TUCKER a minor over the age of 14 years and heir at Law of HENRY TUCKER Decd. and in open Court
chose A. J. TUCKER Guardian of her
person and property. Ordered by the Court that A. J. TUCKER be and he is hereby appointed Guardian of the person
and property of the said ELIZA ANN
TUCKER and that Letters be issued to the said A. J. TUCKER upon his giving bond in the sum of 200 dollars.
Issued.
Estate
of DAVID WETSEL Decd.
Ordered by the court that there be and is hereby made an
allowance of $125 for the support and maintenance of the widow and children of DAVID WETSEL Decd. Also that there be
and is hereby set apart for the use and benefit of said Widow and child, all
such property that is exempted from force sale under the constitution and Laws
of the state of Texas and in case there is not among the effects of the
deceased, all or any of the specific articles so exempted, there is allowed to
said Widow and child of said deceased in line thereof, to be paid by the
administrator of said Estate in money out of the first funds of the Estate that
may come to his hands, or in any property of the Deceased that the said Widow
may choose to take at the appraised value, or a part thereof in both as the
said widow may select.
Ordered
that court adjourn till tomorrow morning 8 o’clock.
Feby. 1st 1860 Court met according to
adjournment.
Page 180
Estate of DAVID WETSEL Decd.
Now at this day comes the
administrator of the Estate of DAVID
WETSEL Decd. and returned into Court Report and account of sale of personal
and perishable property belonging to said Estate which said Report and account
of sale being carefully examined by the court and it appearing to the court
that said sale had been fairly made ordered adjudged and decreed by the court
that the same be confirmed and recorded by the clerk and said report approved.
And said administrator Representing to the Court that there
had been arrivals of goods at Belknap in Young County, Texas, since his return
of inventory and appraisement of the Goods and Estate of DAVID WETSEL Decd. which goods belongs (sic) to the Estate of said
Deceased and prays the Court to appoint appraisers to assist in making out an
inventory of the same, and value said goods. It is ordered adjudged and decreed
by the court that J. A. GOODLETT, J. B.
BURKETT, J. E. BRITTON, & THOMAS
GIBBINS be and they are hereby appointed commissioners to appraise the
Goods belonging to the Estate of DAVID
WETSEL Deceased that are in the County of Young, State of Texas, or any
other property belonging to said deceased in County of Young and make report to
this Court.
Estate of E. ROLAND Decd.
Now at this time comes J.
K. H. PACE Admr. of the Estate of E.
ROLAND Decd. and filed Inventory of the Estate of said deceased, ordered
that the same be recorded.
Estate of L.
Now at this day come HARRISON
JAMISON coms. appointed by this court to sell
certain real Estate of L. CLARK
Decd. and Reported collected for sale of Land $1433.88, and for sale of Negro
& child $300, and balance due on sale of Negro (?) $608.25. Ordered by
court that the same be approved and continued to the next term of this court.
J.
J. Harrison
Chief
Justice
Page 181
State of
to
Estates Feby.
11th 1860
J.
J. Harrison Chief Justice
Buford
Henry Clerk
ELEANOR HAPTINGSTALL [
HAPTONSTALL]
lunatic and non compus mentus
Now
at this day comes on this cause to be heard, whereupon twelve good and lawful
jurors of the
State of
JOHN J. HOWE
Feby 11th 1860
Foreman Jury
And no one Giving Bond as provide by Law, It is therefore
ordered adjudged and decreed by the Court, that the said ELEANOR HAPTINGSTALL be sent to the Lunatic asylum in the State of
State of
The
County Court of Collin County Pertaining to Estates Met in the Town of
J.
J. Harrison Chief Justice
Buford
Henry Clerk
Jas.
L. Read Depty. Sheriff
Estate of CATHARINE and CAROLINE WILCHER, Minors
At this day come JOHN
PUFFER, by petition, for the appointment of Guardian upon the person and
property of CATHARINE and CAROLINE WILCHER Minors under the age
of 14 years, and it appearing to the court that the notice of said petition had
been given as required by Law and no one appearing and contesting said
appointment as prayed for in said petition, It is therefore ordered adjudged
and decreed by the court that JOHN
PUFFER be and here is hereby appointed the guardian of the person and
property of the said CATHARINE and CAROLINE WILCHER and that letters be issued to the said JOHN PUFFER, upon his giving…
Page 182
…bond in the sum on one thousand Dollars. (issued)
Estate
of EZEKIEL ROLAND Decd.
Ordered by the Court that there be and is hereby allowed the
sum of 125 dollars for the support of the Widow and minor children of EZEKIEL ROLAND Deceased for one year.
Also Ordered by the Court that there be and is hereby set
apart for the use and benefit of the widow and children of EZEKIEL ROLAND Deceased, all such proper as is exempt from
execution from forced sale by the Constitution or laws of the State of Texas,
and in case there is not among the effects of the deceased all or any of the
specific articles so exempted, there is an allowance in lien thereof hereby
made by the court.
Also ordered by the Court that the administrator of the
Estate of EZEKIEL ROLAND proceed to
sell the perishable property of said Estate, It having been represented to the
court that there is a necessity for said sale, and that he sell at his
residence in the county of Collin said property on a credit of Twelve months,
to the highest bidder, first given ten days notice of the time and place of
said sale, take bond and approved security.
Estate
of WM. S. PEGUES Decd.
At this day come the commissioners appointed to appraise the
Estate of W. S. PEGUES Decd. and
returned into Court an inventory and appraisement of said Estate, which being
examined and approved by the court, ordered by the Court that the same be
recorded.
Estate
of DAVID WETSEL, Decd.
At this day come PETER
WETSEL administrator of the Estate of DAVID
WETSEL and Returned into Court an additional inventory of the Estate of
said Deceased which being examined by the Court Ordered by the Court that the
same be recorded.
Estate
of DAVID WETSEL Decd.
At this day comes PETER
WETSEL administrator of the Estate of DAVID
WETSEL Decd. and returned into Court an additional inventory of the Estate of
said Deceased, which is the
Page 183
…debts, Ordered by the Court, that the administrator of said
deceased proceed to sell at the earliest practicable time in the Count of Young
Belknap in said County, on a Credit of 12 months on all sums over ten dollars,
and for all sums of 10 dollars and under cash in hand, first giving notice of
the time and place of sale as required by law, taking bond and good personable
security from the purchaser or purchasers thereof, said sale to be at public
outcry and to the highest bidder.
Ordered that Court be adjourned till tomorrow morning 8 A.
M.
Feby. 28th 1860 – Court met
pursuant to adjournment
Estate of
the Heirs of T. HELMS Decd.
At this day come THOS.
KENDALL Guardian of AXIA ANN, JOHN,
JAMES, WILLIAM, GEORGE W., SARAH E., FRANCES M. and MARY T. HELMS and made
Report of the condition of his said Wards’ Estate, which said Report Shows on
hand this day in cash $98.83 which said Report is approved by the court.
Ordered by the Court that there be and is hereby set apart
to each of the above named minors for tuition for one year the sum of $7.50.
Estate of E. J. TALKINGTON Minor Heir
Now at his day comes on this cause to be heard and it
appearing to the court that notice of the filing of L. M. TALKINGTON’S account (for final Settlement) with the clerk of
this court had been given as required by Law, with his ward E. J. TALKNGTON and no one appearing
and contesting the same, and it further appearing to the court that the said E. J. TALKINGTON has intermarried with E. L. HUFFMAN, It is therefore ordered
adjudged and decreed by the court, that said account of settlement approved by
the Court, and it further appearing to the Court that the said E. L. HUFFMAN has given to the Said L. M. TALKINGTON his receipt for Three
Negroes, and for $3536.75/100 in cash notes and the said L. M. TALKINGTON Guardian of the said E. J. TALKINGTON, and has filed the same in this court. It is
therefore considered adjudged and decreed by the court that the said L. M. TALKINGTON Guardian aforesaid be
and he is hereby discharged from his trust.
Page 184
Estate of
Now at this day comes, HENRY
C. TROTTER admr. of the Estate of GRIFFIN
TROTTER Decd. presents his account of sale of the personal property of said
deceased which said act. of sale was filed with the clerk of this court on the
2d day of Feby 1860, ordered by the court that the
same be and is hereby confirmed and that the clerk Record the same.
Estate of SAML. P. COLEMAN Decd.
Now at [this] day Comes NANCY
A. COLEMAN administratrix of the Estate of SAML. P. COLEMAN Decd. and files in this court an account of sale
of a certain tract or parcel land, particularly described by metes and bounds,
by an order of sale made by this court, it being a part of the real Estate of
said deceased and said account of sale being carefully examined by the court,
and it appearing to the Court that said sale had been fairly made and in
accordance with the order of said Court, It is therefore ordered adjudged and
decreed by the court that said sale be and it is hereby confirmed and that the
said Administratrix of the Estate of the said deceased make conveyance of said
tract of land unto the purchaser thereof, vesting in said purchaser all the
right title and interest that the said SAML.
P. COLEMAN decd. had in and to said land at the time of his death, and that
said account of sale be recorded by the clerk of this court.
Estate of ALONZO, ATHENA, and THOMAS PHILLIPS, Minors
Now at this day comes ALEX.
W. JACKSON, and by his petition prays for the appointment of Guardian of
the person and property [of] ALONZO,
ATHENA and THOMAS PHILLIPS
Minors under the age of 14 years and heirs at Law of THOMAS PHILLIPS deceased, and it appearing to the court that notice
of said petition had been given as required by Law and that notice of said
petition had been served on ANN E.
JACKSON the mother of said children, and no one appearing and contesting
said appointment, ordered by the court that ALEXD. W. JACKSON be and is hereby appointed the Guardian of the
person and property of ALONZO, ATHENA
and THOMAS PHILLIPS Minors and heirs
at Law of THOMAS PHILLIPS decd and
that letters of Guardianship issue to the A.
W. JACKSON upon his entering into bond in the sum of (blank) dollars
Ordered that Court adjourn untill
(sic) to Morrow Morning 8 A. M.
Page 185
Feby. 29th 1860 Court met according to adjournment.
Estate of HENRY D. EAKLE Decd.
Now at this day comes on this cause to be heard and JOHN LATE (?) assignee of ANDREW WILLIAMS, having filed with the
clerk of this court his complaint in writing as the assignee of ANDREW WILLIAMS for title, upon a title
Bond executed by HENRY D. EAKLE
Decd. for a certain tract or parcel of land to the said ANDREW WILLIAMS, and J. O.
STRAUGHAM and CRESSY EAKLE admrs. of said Estate appearing and waving notice, and it
appearing to the court that said sale had been legally made, It is therefore
ordered adjudged and decreed by the Court, that the Administrators of the
Estate of HENRY D. EAKLE Decd. make
title unto the said JOHN LATE
assignee of ANDREW WILLIAMS
according to the tenor (?) of said bond.
Estate of ELIZABETH A. GOODE Minor
Now at this day comes ELIZABETH
A. GOODE Minor over the age of 14 and heir at Law of JOHN R. GOODE and RACHAEL
GOODE Decd. and in open Court choose GRANVILLE
L. TUCKER the Guardian of person and property of herself, Ordered therefore
by the court that GRANVILLE L. TUCKER
be and he is hereby appointed the Guardian of the person and property of the
said ELIZABETH A. GOODE and that
letters be issued to the said G. L.
TUCKER upon his giving bond and good personal security in the sum of four
thousand dollars. (Issued)
Estate of JOHN S., ALFRED H. and GRANWILL L. TUCKER (sic), Minors
Now at this day comes GRANWILL
L. TUCKER (GRANVILLE L. TUCKER?), by Petition for the appointment of
Guardian upon the property of JOHN S.,
ALFRED H. and GRANWILL L. TUCKER minors under the age of 14 years and children of
JOHN G. TUCKER and MARY ANN TUCKER, and it appearing to
the court, that the Estate of the said JOHN
S., ALFRED H. and GRANWILL TUCKER, is not derived from
their parents or parent, for which letters of Guardianship is prayed for in
said petition, and that notice of said petition had been given as required by
Law, and the said JOHN G. TUCKER and MARY
ANN TUCKER appearing in open court and
refusing the appointment as Guardians of the property of the said above named
children and no one appearing and contesting the appointment of the said GRANWILL L. TUCKER Guardian of the said
property of the said above named children, and the said GRANWILLE TUCKER giving bond with good security, in the sum of 2000
Dollars, ordered…
Page 186
…by the court that GRANWILL
L. TUCKER be and he is hereby appointed Guardian of the property of the
said JOHN S., ALFRED H. and GRANWILL L. TUCKER, and that Letters
issue.
Estate
of JOHN J. MILLER Decd.
Ordered by the Court that attachment be issued for the body
of JAS. T. FISHER admr. of the
Estate of JOHN J. MILLER Decd. for
his personal appearance before this Court, on the 1st day of March
1860 between the hours of 8 A. M. and 12 M.
Estate
of WM. S. PEGUES Decd.
Ordered by the court that there be allowed for the support
of the widow of WM. S. PEGUES Decd.
and child for one year the sum ($175) one hundred and seventy five dollars.
And there also appearing unto the Court by written
application, that there is a necessity for the sale of the personal property of
the Deceased, for the payment of Debts, expenses of the Court &c, Ordered
by the Court that GEORGE H. PEGUES
admr. of said Estate proceed to sell at the earliest practicable period all the
personal property that is community of the said Deceased, and so much of the
separate personal property of the said Deceased as the said admr. may deem
necessary for the purposes herein Stated, at public outcry to the highest
bidder, at the late residence of the said W.
S. PEGUES Decd. on a Credit of 8 Months, taking bond and good personal
security of the purchaser or purchasers thereof first giving notice of the time
and place of sale as required by Law.
Estate
of THOS. PHILLIPS Decd.
At this day comes ANN
E. JACKSON administratrix of the Estate of THOS. PHILLIPS Decd. by petition and account for final settlement
and distribution of property now on hands belonging to said Estate, and it
appearing to the court that Notice of this application had been given as
required by Law, and the children of said deceased being present and
represented in Court by ALEX. W. JACKSON their Guardian, The Court
proceeding to examine said account and having considered the same restates it
as follows,--By excluding from the same the item of receipt for $296.00 on note
of WM. A. PHILLIPS and H. SHIELDS—the voucher for the same
showing that said item belongs exclusively to the minor heirs of said deceased
and their Guardian, and not the Estate of the said deceased, thus reducing the
amount of receipts of said Estate to the sum of $3688.48, the Report of
payments is approved as stated in said account as per vouchers on file, leaving
for distribution $3631.31. It is further (unreadable) –ed that said admr. be
allowed the sum of $125 dollars…
Page 187
…as advancements for the support of the minor children since
(?) the death of the deceased. It is further ordered that sd. (said) admrs. be allowed to retain the sum of $184.42 for Coms. (commissions?) on receipts and the further sum of
(86) Eighty six dollars 13 cents for her coms (commissions?)
on disbursements and $23.70 costs of Court, which said sums being subtracted
leaves on hands subject to distribution the sum of $3212.06 and this Court
being satisfied from evidence that the widow of this deceased, and his children
ALONZO, ATHENEA and THOS.
PHILLIPS, which said children are here represented by their guardian ALEX. W. JACKSON, It is ordered that
said Sum of money be divided among said heirs at Law assigned to the Widow of
said deceased one half said sum being $1606.03 and by assigning to each of said
children of Deceased on third of said remaining on half the distributive fund
being $535 34/100 each and it is ordered that said admrs.
proceed to settle with said A. W.
JACKSON as Guardian of said minors,
and to report payment to next term of this court.
Estate
of L.
Now at this day comes HARRISON
JAMISON, Commissioner appointed by this Court to sell the real Estate of LAUSON (LANCEN?)
Ordered that Court be adjourned till tomorrow morning 8clock
A. M.
March 1st 1860 Court met according to adjournment
Estate
of J. J. MILLER Decd.
At this day come GEO.
W. MILLER, SYLVANIA A. FISHER and JACOB
FISHER her husband all of
Page 188
…of JOHN J. MILLER
decd. Alleging that more than 12 months have elapsed since the original grant
of letters of administration and all debts known to exist against said Estate
have been paid and it appearing to the court that notice of the application has
been published as required by law and that the administrator of said estate has
been personally served by citation to appear at this term of the Court and show
cause if any he can why said partition should not be made as prayed for, and
said admr. JAS. T. FISHER having
failed to appear and show cause to the contrary, It is considered adjudged and
decreed that the prayer of said petition be granted, and it appearing to the
Court that the followed named persons all heirs at law of said decd. to wit: GEO. W. MILLER brother of deceased, SYLVANIA A. FISHER and SARAH R. WHITE sisters of deceased all
of Pettis County and State of Missouri, REBECCA
CROCK a sister of deceased of Cooper Count and State of Missouri and the decedents
of JAMES MILLER a brother of
deceased of Buchanan County and State of Missouri—being five Heirs in all of
said J. J. MILLER decd. It is
ordered by the Court that JAMES S.
ROBINSON be appointed attorney to represent said SARAH R. WHITE, REBECCA
CROCK (OROCK?), and descendants of JAMES
MILLER deceased in this partition that A.
T ROBERTON, ROBERT FITZHUGH and JAMES
SNIDER be appointed commissioners to partition and Divide the Estate of
Said JOHN J. MILLER Decd. among said
heirs at law, by assigning to each one of said Brothers and sisters of said
deceased or their descendants one equal fifth part of the following described
tracts of land appearing to belong to said Estate and undisposed
(sic) to wit: The Home or farm place of land of said deceased, containing 180
acres, 3d survey off of the Calvin Bowle’s league
containing 160 acres, 2d survey off of said league containing about 90 acres,
also such of the personal property belonging to said deceased, as may be
remaining in the hands of said JAS. T.
FISHER admr. undisposed (sic) to be exhibited by
him and make Report to the next term of this court.
Estate
of P. D. CRUME Minor
Ordered by the Court that citation be served upon JAS. C. FORMAN Guardian of P. D. CRUME Minor, to be and appear at
the March Term of this Court and make report of his Ward’s Estate as required
by Law, and that citation be issued. (issued.)
Estate
of JOHN McKINNEY
At this day comes JOHN
C. EASTON administrator De bonis for the Estate
of JOHN McKINNEY
Decd. made his report of the condition of said Estate. Ordered by the court
that the same be filed.
Page 189
J.
J. Harrison
March
Term 1860
State of
Held
at the Court house in the
Town of
Present
J. J. Harrison Chief Justice
Buford
Henry Clerk
J.
L. Read Depty. Clerk
Estate of R. M. MUGG Deceased
Now at this day comes ELISHA
CHAMBERS the administrator of the Estate of RICHARD M. MUGG Deceased
and in writing returns into this court his account of the sale of the following
tracts of land, belonging to the Estate of the said deceased, to wit: The first
tract containing 152 37/100 acres of land, for which SIMON H. WILSON became the purchaser by bidding therefore the sum
of seven dollars per acre being the highest and best bid. Second tract
containing Ten acres of land, for which LARKIN
ADAMSON SENR. became the purchaser
by bidding therefore the sum of 15 dollars and 25 cents per acre, Third tract
containing 14 90/100 acres of land, for which JOSEPH B. WILMETH became the purchaser by bidding therefore 5
dollars and 25 cents per acre being the highest and best bid, said sale made on
a credit of 12 months, and the court inquiring into the manner in which said
sale had been made, and it appearing to the court that said sales had been
fairly made and in conformity with law, It is therefore ordered adjudged and
decreed by the court, that said account of sale of the above named tracts of
lands be and is hereby in all things confirmed, and that said account of sale
be recorded by the Clerk of this court, and that conveyance be made by the
administrator of the Estate of said deceased, to the purchasers named in the
said account of sale.
Also comes said administrator of the said Estate of R. M. MUGG deceased and returned into
this court his account of sale of an additional sale made of the personal
property of the said deceased, and it appearing to the court that said had been
fairly made, It is therefore ordered by the court that the same in all things
be confirmed and that said account of sale be recorded.
Page 190
Estate
of WM. S. PEGUES Decd.
At this day comes GEO.
S. PEGUES Decd. administrator of the Estate of WM. S. PEGUES decd. and in writing returned into court an account
of sale of the personal property of said deceased and it appearing to the court
that said had been fairly made Ordered by the Court that said sale be confirmed
and Recorded by the clerk of this court.
Estate of ALONZO, ATHENIA & THOMAS PHILIPS
Minors
At this day comes ALEX.
W. JACKSON Guardian of the person and property of ALONZO, ATHENIA and THOMAS PHILIPS Minors and heirs at Law
of THOS. PHILIPS deceased, and
returned into Court an Inventory of the Estate of said above named Minors his
wards, Ordered by the Court that the same be recorded by the clerk.
Estate of MOSES SPARKS, Decd.
At this [day] comes RICHARD
SPARKS administrator of the Estate of MOSES
SPARKS decd. and made his annual Report of the condition of said Estate.
Ordered by the Court that the same be approved and filed.
Estate of MOSES JONES, Decd.
At this day comes B.
R. HOUGHTON by Petition and prays the Court for the appointment of
administrator on the Estate of MOSES
JONES deceased and it appearing to the Court that notice of said petition
had been given as required by law, and no one appearing and contesting said
appointment, ordered by the court that B.
R. HOUGHTON be and he is hereby appointed administrator of the Estate of MOSES JONES decd. and that letters be
issued to the said HOUGHTON upon his
entering into bond in the sum of Eight thousand dollars. (letters issued 4th
April 1860)
Estate
of HENRY E. EAKLE Decd.
At this day comes THOS.
A. HALL by Petition, for title, for land agreeable to title bond Executed
by HENRY D. EAKLE in his life time
to said THOS. A. HALL and it
appearing to the Court that all of the purchase money had been paid ordered by
the court that this cause be continued to the next term of this court.
Ordered
that Court adjourn till tomorrow morning 8 o’clock A.M.
Page 191
March 27th 1860, Second day court met according
to adjournment.
Estate
of THOS. PHILIPS, Decd.
Ordered by the Court that E. D. McCOY, WM. DRAPER and WM. PERKINS be and they are hereby
appointed commissioners to appraise the land belonging to the Estate of THOMAS PHILIPS deceased in the County
of Collin, and make report to the next term of this Court.
Estate
of THOMAS F. BOREN Decd.
At this day comes JOHN
HENDRIX by petition, and prays for the appointment of administrator de Bonis non, on the Estate of THOS. F. BOREN decd. and it appearing to the Court that notice of
said petition has been given as required by law and that MOSES JONES former administrator of said Estate had departed this
life, and no one appearing and contesting said appointment, It is therefore
ordered by the Court that JOHN HENRIX
be and he is hereby appointed administrator of the Estate of THOS. F. BOREN decd. and that Letters
issue upon the said HENDRIX giving
bond in the sum of Five thousand dollars.
Issued
April 12___1860
Estate
of J. J. MILLER Decd.
At this day comes A.
T. ROBERTSON one of the Commissioners appointed by this Court to make
Partition of the Estate of JOHN J.
MILLER and gives the reson (sic-reason) why said
partition had not been made. It is therefore ordered by the court that said
cause be continued to the next term of this court.
Estate
of the minor heirs of THOS. PHILIPS, Decd.
Ordered by the Court that there be and is hereby set apart
for the support and Education of ALONZO,
ATHENIA and THOS. PHILIPS minor
heirs of THOS. PHILIPS Decd. for the
space of one year
Page 192
Estate
of E. ROLAND Decd.
At this day comes the administrator of the Estate of E. ROLAND decd. and returned into this
court an account of sale of the personal property belonging to said deceased,
ordered by the court that the same be confirmed and recorded.
State of
To
Estates in Vacation April 4th 1860
[Estate
of MOSES JONES]
Ordered by the Court, that WILLIAM C. ROBINSON, FILDEN TWEEDLE, and J. A. CLARK be and they are hereby appointed commissioners to
appraise the Goods and Estate which were of MOSES JONES late of Collin County Deceased intestate and make
report to the next term of this court.
State of
County
Court of Collin County Pertaining to
Estates
Met in the town of
Present
J. J. Harrison Chief Justice
Buford
Henry Clerk
Jas.
L. Read Depty. Sheriff
Estate
of ROBT. McCURLY
Decd.
Now at this time comes MARY
McCURLY by petition for the appointment of administratrix on the Estate of ROBT. McCURLY late of Collin County
Deceased intestate and it appearing to the Court that notice of said petition
had been given as required by Law and no one appearing and contesting said
appointment, Ordered by the Court that MARY
McCURLY be and she is hereby appointed administratrix of the Estate of ROBERT McCURLY Deceased, and that
letters be issued upon her giving bond in the sum of (blank).
Estate
of THOS. PHILLIPS Deceased
Now at this day come(s) WILLIAM
DRAPER, E. D. McCOY and W. H. PERKINS commissioners appointed by this Court to appraise the
Landed Estate of THOS. PHILLIPS
deceased and…
Page 193
…and files in court Inventory and appraisement of said
Estate.
Ordered by the court that the same be approved and Recorded
by the clerk.
Estate
of ALFRED STILLY Deceased
Now at this day comes NANCY
J. STILLY by her petition for the appointment of Administratrix of the
Estate of ALFRED STILLY deceased,
and it appearing to the Court that notice of said petition had been given as
required by Law, and no one appearing and contesting said appointment Ordered
by the court that NANCY J. STILLY be and she is hereby appointed administratrix
of the Estate of ALFRED STILLY
deceased of Collin County intestate, and that letters be issued upon her giving
bond in the sum of (blank) dollars.
Estate
of RACHEL E. MANN Minor
Now at this day comes JACOB
ROUTH Guardian of RACHEL E. MANN
Minor and makes his annual report of the condition of his said ward’s Estate,
for sundry expenses $99.51 and balance on hands $1074.19. Ordered by the court
that said report be and the same is hereby approved.
Estate
of the Minor heirs of JACKSON HARDIN
Decd.
Now at this day comes ELI
BAKER Guardian of the Minor heirs of JACKSON
HARDIN deceased and made his annual Report of the condition of his wards
Estate, to wit: Sundry expenses $58.25, ash on hands this day $117.28. Ordered
by the court that said Report be and the same is hereby approved.
Estate
of J. & R. FRENCH, Minors.
Now at this day come ELI
L. FRENCH (sic) Guardian of the Estate of JOHN & RANDOLPH FRENCH, and returns into Court an addition
Inventory of his said Wards Estate, ordered by the Court that said Inventory be
recorded by the Clerk.
Page 194
Estate
of J. & R. FRENCH, Minors
At this day comes ELI
L. FOWLER Guardian of the Estate of JOHN
& RANDOLPH FRENCH, Minors and makes his annual Report of his said Wards
Estate as follows to wit: Expenditures $12. Coms. on
$871.15, $43.55 Total $55.55 balance on hands this day $815.60 Ordered by this court that said report be and
the same is approved.
Estate
of PEACHY FRENCH Minor
Now at this day comes JAMES
KEELING Guardian of the Estate of PEACHY
FRENCH Minor and makes his annual report of the condition of his wards
Estate as follows to wit: for coms. $19.95 allowed by the court, cash on hands
this day 361.24, ordered by the court that said report be and the same is
approved.
Estate
of PEACHY FRENCH Minor
At this day comes JAMES
KEELING Guardian of the Estate of PEACHY
FRENCH, and returned an additional inventory of the Estate of his Ward, Ordered
by the Court that the same be recorded by the clerk.
Ordered the
court be adjourn(ed) untill (sic) tomorrow morning 8
A. M.
May
1st 1860 Court Met according to adjourn.
Attest
Buford Henry Clerk/said Court
Estate
of MOSES JONES Decd.
Now at this day come(s) the coms.
(commissioners) appointed to appraise the Estate of MOSES JONES Decd. and made report, Ordered by the Court that said
report be recorded by the clerk.
Ordered by the Court that there be allowed to the Widow of MOSES JONES, Deceased and her infant
children the Sum of 150 dollars for their maintenance of said Widow and
children for the space of one year, out of the Estate of said deceased.
Ordered by the court that there be set apart to the Widow of
MOSES JONES deceased and to the
children of said Widow (that are Minors) all such property that is exempt from
forced sale by the Constitution or laws of the State of
Now at this day comes the administrator of the Estate of MOSES JONES Deceased and by Petition in
Writing…
Page 195
…and represents to the court that there is property
belonging to the Estate of said deceased that is liable to perish, waste and
damage, and prays the Court for an order of Court for the sale of said
property. Therefore Ordered by the Court that said administrator proceed to
sell at the Earliest practicable period, at the late residence of said deceased
the personal and perishable property of the said deceased on a credit until the
1st day of January A. D. 1860 first giving ten day notice of the
time and place of said sale as required by Law, taking notes and personal
security of the purchaser or purchasers of said property said sale to be at
public outcry and to the highest bidder.
Estate
of MARTIN P., MARTH A. R. and GEORGE KENDALL Minors
Now at this day comes WM.
B. KINDEL guardian of the person and property of MARTIN P, MARTHA A. R. and GEORGE
KINDEL Minors and returned into Court an Inventory of his said Wards
Estate. Ordered by the Court that the same be recorded by the clerk.
Estate
of GEO. RADER Deceased
Now at this day comes DAVID
RANKIN by petition for the appointment of administrator on the Estate of GEORGE RADER Deceased late of Collin
County, intestate, and SAML. GREY
and his wife daughter of said deceased, and by their attorney contests the
appointment of said RANKIN as the
administrator of the Estate of said deceased, and the said GRAY and wife recommending to the Court the appointment of C. R. BREEDLOVE, administrator of said
Estate, and the said C. R. BREEDLOVE filing
his petition in the Court for said appointment, Ordered by the Court that CHARLES R. BREEDLOVE and he is hereby
appointed administrator of the estate of GEORGE
RADER late of Collin Co. Deceased intestate, and that letters issued to him
upon his giving bond as required by Law in the sum of (blank) dollars.
Estate
of J. J. MILLER Decd.
Now at this day come(s) the commissioners appointed by this
court to make partition and distribution of the Estate of JOHN J. MILLER deceased, and report that the Lands directed in said
order of appointment to be partitioned among the heirs of said deceased, are
not succeptable (sic-susceptible) of Division without Material injury to the
heirs of said Estate, and recommend to the court that sale of said lands, finding
value upon the same as follows to wit: 180 acres home tract…
Page 196
…at $6.00 per acre $1080, 160 acres out of C. Bowles League
at $5, $800 and 90 acres out of said League at $1.50, $135. And none of the
distributes taking said lands at the appraised value, It is therefore ordered,
adjudged and decreed by the court that the administrator proceed to sell said
lands, in the tracts as above specified, on the first Tuesday in June, at the
Court house door in the Town of McKinney, at public outcry to the highest
bidder, on the credit of 12 months, taking notes and good personal security of
the purchaser, or purchasers, and lien upon the premises to secure the payment
of the purchaser Money first giving notice of the time and space of sale as
required by law, for the sale of the real Estate of deceased persons, said sale
to be made between the hours of 10 A. M. and 4 P. M.
Estate
of HENRY D. EAKLE Deceased
Now at this day come on to the heard the complaint of THOS. A. HALL for title to certain
lands sole by HENRY D. EAKLE Decd.
to said HALL and it appearing to the
court that all of the purchase money had not been paid, Ordered by the court
that said cause be continued to the next term of this court.
Estate
of THOS. F. BOREN Decd.
Now at this day comes the admr. De
bonis non on the Estate of THOS. F. BOREN Decd. and made report. Ordered by the Court that the
same be approved and filed.
J.
J. Harrison
Chief
Justice
State of
To
Estates, In vacation May 175h 1860.
[Estate
of GEO. W. RADAR deceased]
Ordered by the court that J. DUD DOAK, JAMES FARIS and DANL.
MARSHAL be and they are appointed commissioners to apprise the Estate of GEO. W. RADER deceased and make Report
to the next Term of this court.
J.
J. Harrison
Chief
Justice
Page 197
State of
Estates
met in the town of
The court house on the 28th day of May A. D.
1860.
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
Jas.
L. Read Dept. Sheriff
Estate
of HENRY HART deceased
Now at this day come(s) B.
Y HART and by petition prays the court to probate the last will and testament
of HENRY HART decd. and it appearing
to the court that notice of said petition had been given as required by Law,
and no one appearing and contesting the probate of said will and testament and
the proof having been made by one of the subscribing witnesses according to
law, Ordered by the court that said last will and testament be recorded and
that letters be issued to the said B. Y.
HART, the executor named in said last Will and testament upon his giving
bond and security in the sum of Five thousand dollars. Issued.
Estate
of MARY A. DAWSON Deceased
Now at this day come(s) JONAS
DAWSON, by petition and prays the court for the appointment of
administrator on the Estate of MARY A.
DAWSON Deceased, and it appearing to the Court that notice of said petition
had been given as required by Law, Ordered by the Court that JONAS DAWSON be and he is hereby appointment administrator of the Estate
of MARY A. DAWSON deceased and that
letters be issued to the said DAWSON
on his having executed his bond in the sum on one thousand Dollars.
Ordered by the court that JAMES FULTON, JAS. M. BURK and EDWARD
RUMSOWERS be and they are hereby appointed commissioners to appraise the
Estate of MARY A. DAWSON and make
report to this court at her (?) next term.
Estate
of VIRGINIA L. SANDERS Minor
At this day come JOHN
W. L. BUTLER Guardian of the person and Estate of VIRGINIA L. SANDERS
Minor and by petition prays the court for an Order of Court to sell the
perishable property of said VIRGINIA L.
SANDERS and it appearing to the satisfaction of the court that said sale
would be to the advantage of the said VIRGINIA
L. SANDERS, ordered by the court that JOHN
W. L. BUTLER, Guardian as aforesaid, proceed to sell said perishable…
Page 198
…property as aforesaid at his residence in Grayson County,
State of Texas on a credit of 12 months on all sums over five dollars, the
purchaser giving bond and good personal security, notice of said sale to be
given as required by Law, sale to be on the 9th say of July 1860.
Estate
of DAVID WETSEL deceased
Now at this day come PETER
WETSEL administrator of the Estate of DAVID
WETSEL deceased, and returned into court an account of sale of property
belonging to Estate, made on the 29th day of March 1860. Ordered by
the court that said account of sale be recorded.
Estate
of MOSES JONES Deceased
Now at this day come B.
R. HOUGHTON administrator of the estate of MOSES JONES deceased, and returned into Court an additional
Inventory of the Estate of said MOSES
JONES deceased. Ordered by the Court that said inventory to be approved and
recorded by the clerk.
Now at this day come B.
R. HOUGHTON administrator of the Estate of MOSES JONES deceased and returned into Court an account of sale of
the personal property of said deceased. Ordered by the Court that the same be
approved by the court and recorded by the clerk.
Estate
of NANCY H., THOS. M. and JOHN W. ROWLAND.
Now at this day come TARLTON
CUMMINS Guardian of NANCY H., THOS.
M. and JOHN W. ROWLAND for final settlement of the
Estate of said Wards, and it appearing to the Court that notice of the filing
of said account currant for final settlement of his said wards Estate had been
given and the court proceeded to examine said account, and it appearing to the
court that said account was fairly made and the said CUMMINS Guardian as aforesaid having filed in this Court Receipts
from each of his said Wards, for the full amount of the Estate due and coming
to each one of them Ordered adjudged and decreed by the court that said final
account be approved and allowed by the court and that the said TARLTON CUMMINS be and he is hereby
discharged from his trust as Guardian aforesaid.
Page 199
[Estate
of HENRY D. EAKLE Decd.]
Ordered by the court that the complaint of THOS. A. HALL for title on bond from
the administrator of the Estate of HENRY
D. EAKLE Decd. be continued to the next term of this court.
Estate
of JOHN L. LEE Minor
At this day come ROBT.
FITZHUGH by petition and prays the Court to have WILLIAM JACKSON Guardian of the Estate of JOHN L. LEE cited to appear before said court, and to give bond as
such Guardian, and that he be Released from all future liability upon the bond
of the said WM. JACKSON Guardian as
aforesaid, Ordered by the Court thur (?) WM. JACKSON be cited to appear at the
next term of this court, and that he give a new bond as the Guardian of JOHN L. LEE.
Estate
of DAVID WETSEL Decd.
Now at this day come PETER
WETSEL administrator of the estate of DAVID
WETSEL and made an addition Inventory of said Estate. Ordered by the Court
that the same be recorded.
Estate
of THOS. PHILIPS deceased
Ordered by the Court that A. T. ROBERTSON, E. D. McCOY and WM. H. PERKINS be and they are
appointed commissioners to make partition and distributions of the following
tracts of Land belonging to the Estate of THOMAS
PHILIPS Deceased, towit: 86 acres of Land on
Wilson Creek, 100 acres in Prairie and 48 ½ acres in Prairie, among the
following named Heirs of said Estate, to ANN
E. JACKSON, the surviving partner of the said deceased one half of the said
land and to ALONZO, ATHENA and THOS. PHILLIPS children of the said
deceased the other half of said lands—taking into consideration, in the
partition and distribution of said above named tracts of land quality and
quantity, giving to each of the said distributes in quantity and quality, that
will be equal in valuation, and make report to the next term of this court.
Estate
of ALFRED STILLY Decd.
Now at this day come, NANCY
J. STILLY who was at the April (?) term of this Court administrator of the
Estate of ALFRED STILLY decd. and
presented her bond for approval and it appearing to the court that said bond
had not been filed with the time prescribe by Law, Ordered…
Page 200
…by the court that the said NANCY J. STILLY be and she is hereby removed as such administrator
and said appointment is hereby revoked.
Estate
of DAVID WETSEL Decd.
Ordered by the Court that the account of sale of the estate
of said Deceased made at Belknap and reported to this court be recorded.
J.
J. Harrison
Chief
Justice
June
Term
State of
County
Pertain to Estates
June Term Met June 25th 1860
Present
J. J. Harrison Chief Justice
Buford
Henry Clerk
Jas.
L. Read Depty. Sheriff
Estate
of WM. BONE Minor
At this day come JOHN
D. BONE by petition and prays the court for the appointment of Guardian on
the person and property of WILLIAM BONE
minor and heir at Law of SARAH BONE
Decd. and it appearing to the court that notice of said petition had been given
as required by Law and no one appearing and contesting said appointment, It is
therefore Ordered adjudged and decreed by the court that JOHN D. BONE be and he is hereby appointed Guardian of the person
and property of the said WILLIAM BONE and that letters be issued
to the said JOHN D. BONE upon his
giving bond in the sum of Four hundred dollars.
Estate of MARTHA, AGNES, ELIZABETH, WM. O., MARION T., MARY and PLEASANT D. DODSON, Minors
At this day come JOSEPH
DODSON by petition and prays the court for the appointment of Guardian of
the persons and property of MARTHA,
AGNES, ELIZABETH, WM. O., MARION T., MARY
and PLEASANT D. DODSON minors
and heirs at Law of their Grandmother SARAH
MOON deceased and it appearing to the court that notice of said petition
had been given as required by Law…
Page 201
…and no one appearing and contesting said appointment,
ordered adjudged and decreed by the court that JOSEPH DODSON be and he is hereby appointed Guardian of the person
and property of MARTHA, AGNES,
ELIZABETH, WM. O., MARION T., MARY and PLEASANT
D. DODSON, and that letters be
issued to the said JOSEPH DODSON
upon his giving bond in the sum of five hundred dollars.
Estate
of SARAH ANN and MARY E. DAWSON Minors and LALITHA, GEO.
At this day come JONAS
DODSON and by petition prays the court for the appointment of Guardian of
the person and property of MARY E.
and SARAH ANN DAWSON minors under
the age of 14 and heirs at Law of MARY
A. DAWSON Deceased and it appearing to the Court that notice of said
petition had been given as required by Law and LALITHA J. and GEO.
Estate
of DANL. ELLIOTT Deceased.
At [this] day come SMITH
McGLOTHLIN by petition and prays the court for the probate of the last will
and testament of DANIEL ELLIOTT Deceased and it appearing to the court that notice
of the filing of said petition had been given as required by Law and no one
appearing contesting said will and B. R.
HARRIS one of the attesting witnesses to said last will and testament and
made affidavit in open court that DANIEL
ELLIOTT signed said will in his presence and said SMITH McGLOTHLIN and JACOB
MOORE being named in said will as the agents of said deceased and the said JACOB MOORE renouncing the Executorship
of said will, Ordered by the court that the said last will and testament of the
said DANIEL ELLIOTT Decd. as presented
to this court and proved by the affidavit of B. R. HARRIS be recorded and that SMITH MCGLOTHLIN be and he is hereby appointed executor of the…
Page 202
…last will and testament of the said DANIEL ELLIOTT Decd. and that letters be issued to the said SMITH McGLOTHLIN, he having entered
into bond in the sum of $4000.
Estate
of DANIEL ELLIOTT Decd.
Ordered by the Court that JACOB MOORE, B. R. HOUGHTON and E. A. DODSON be and they [are] appointed commissioners to appraise
the Estate of DANIEL ELLIOTT decd.
and to make report to the next term of this court.
Estate
of JNO. S. FRENCH
At [this] day come LEVI
L. FOWLER Guardian of JNO. S. FRENCH
with his account current with his said ward’s Estate for final settlement with
the court of said Estate and it appearing to the court that notice of the
filing of said final account for settlement had been given as required by Law
and no one appearing and contesting said account, It [is] ordered adjudged and
decreed by the Court that said be and is hereby approved by the court, And the
said LEVI L. FOWLER Guardian as
aforesaid filing in this court, the receipt of JNO. S. FRENCH his ward for the payment of his entire Estate,
ordered by the court that the said LEVI
L. FOWLER be and he is hereby discharged from his trust, and that the
succession be closed.
Estate
of
At this day come WM.
B. KINDEL and by petition prays the court for the appointment of Guardian
of the person and property of FRANCES E.
FISHER Minor under the age of 14 years and heir at law of ELIZABETH FISHER decd. and SILVANAS FISHER the Father of the said FRANCES E. FISHER appearing in open
court, and waved [waive] the right of Guardianship of the said FRANCES E. FISHER, and it appearing to the court that notice of the filing of
said petition had been given as required by law
[and] no one appearing and contesting said appointment, It is therefore
ordered adjudged and decreed by the court that WM. B. KINDEL be and he is hereby appointed the Guardian of the person
and Estate of FRANCES E. FISHER and
that letters be issued to him upon his giving bond in the sum of $6000.
Issued.
Estate
of MARY A. DAWSON Decd.
At this day come JONAS
DAWSON admr. of the Estate of MARY
A. DAWSON, decd. and by petition in writing prays the court for an order of
sale of perishable…
Page 203
…and personal property of said deceased, and it appearing to
the court that there is a necessity for the sale of said property, therefore
ordered by the court that the administrator of said Estate proceed to sell said
personal property at the Earliest practicable period, on a credit of 12 months
at his own, or the late residence of the said deceased in Collin County, at
public auction, to the highest bidder, giving notice of the time and place of
said sale as required by Law, the purchaser giving bond and personal security
for the payment of the purchase money on all sums over 5 dollars and all sums
of 5 dollars and under cash in hand.
Estate
of MARY A. DAWSON Decd.
At this day JONAS DAWSON
admr. of the Estate MARY A. DAWSON
decd. and files Inventory and appraisement of the Estate of said deceased
ordered by the court that said Inventory be approved and recorded by the clerk
of said court.
Estate
of RACHEL MARX formerly RACHEL KINDEL
At this day comes on this cause to be heard and by agreement
of the parties said cause is continued to the next term of this court.
Estate
of GEO. W. RADER Decd.
At this day come C.
R. BREEDLOVE and returned into court an Inventory and appraisement of the
Estate [of] GEO. W. RADER decd.
ordered by the Court that said Inventory and appraisement be recorded by the
clerk.
Estate
of JOHN J. MILLER Decd.
At this day come JAS.
T. FISHER administrator of the Estate of JOHN J. MILLER deceased, and who was directed by an order of this
court, to sell certain lands belonging to said Estate and described in said
order, and in writing files in this court his account of sale of said lands,
and the court proceeded to examine said account of sales, and it appearing to
the court that said sale was fairly made and in accordance with the order of
that court and in conformity with law, It is therefore ordered adjudged and
decreed by the court that said account of sale be and it is hereby confirmed
and …
Page 204
…that the same be recorded by the clerk, and that conveyance
be made to the purchasers or purchaser of said lands, as reported in said
account of sale vesting the right and title that the said JOHN J. MILLER deceased had in and to said lands at the time of his
death.
Ordered that court adjourn till tomorrow morning 8 A. M.
June 26th 1860 Court met pursuant to adjournment.
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
Estate
of THOS. PHILIPS Decd.
At this day come the commissioners appointed at the May Term
of this court, to make partition and distribution of the lands belonging to the
Estate of THOMAS PHILIPS decd. among
the heirs of said deceased and make their Report, and it appearing to the court
that said partition and distribution has been fairly and impartially made and
infirmity with law, and no one appearing and contesting the same, It is
therefore ordered adjudged and decreed by the court, that said report partition
and distribution be and the same is hereby confirmed, and that the Clerk Record
the same.
Estate
of HENRY D. EAKLE Decd.
At this day come THOS.
A. HALL by petition and prays the court, to decree him title to a certain
tract of land, purchased by him of HENRY
D. EAKLE decd. during his life time, for which said deceased give (gave?)
his bond in writing for said land, and it appearing to the court that said sale
was fairly made, and the parties duly cited to appear in court, It is therefore
ordered adjudged and decreed by the Court that the administrator of the Estate of
said deceased make title to the said T.
A. HALL according to the tenor of said bond, upon the payment of the
purchase money and the interest thereon.
Estate
of WM. BOUNDS Decd.
At this day come J.
M. BOUNDS admr. of the Estate of WM. BOUNDS decd. and made his annual
report ordered by the Court that the same be approved and filed.
Page 205
Estate
of JOHN T. LEE Minor
Now at this day come on to be heard the complaint of ROBT. FITZHUGH one of the securities of
WM. JACKSON Guardian of JOHN T. LEE Minor. Ordered by the Court
that this cause be continued for service.
Estate
of ISAAC TALKINGTON Decd.
At this day come JAS.
T. COLEMAN, M. C. TALKINGTON and L.
M. TALKINGTON administrators of the Estate of ISAAC TALKINGTON decd. by account filed in this court for final
settlement with said Estate, and it appearing to the court, that notice had
been given as required by Law, the court proceeded to examine said account with
all the exceptions thereto, and hearing the evidence in support of said
account, and it appearing to the court that said account is just, It is
therefore ordered by the Court that the same be allowed and approved by this
court, and it appearing to the court that there is none of the Estate remaining
in the hands of said administrators, It is ordered by the court, that said
administrators be discharged from their trust, and that the succession be
closed.
Estate
of WM. BUTLER decd.
This cause coming on to be heard on the mandate of the
District Court on the appeal of HARRISON
JAMISON from the decree of the partition made at a former Term of this
Court, and said mandate being filed and examined by the court, and it further
appearing from an inspection of the filed papers in this that MARY GRINDSTAFF and MARY HENDERSON mentioned in former decree
as distinct persons are in fact one and
the same person and that the heirs at law of said WM. BUTLER decd. are by name as follows viz: MARY BUTLER Widow of decd. and SARAH
WARDEN, JESSE BUTLER, JOHN BUTLER, JOBLE BUTLER, HULDA WARDEN, WM. W. BUTLER,
ELIZABERTH ARTERBER, CATHARINE BEDSOE, GRACY ERWIN and MARY GRINDSTAFF,
late MARY HENDERSON, Children of
said deceased and the said MARY BULTER
WM. W. BUTLER, HULDA WARDEN and SARAH
WARDEN being represented in court by their assignee HARRISON JAMISON and said JOHN
BUTLER, JOAH BULTER, KATHARINE HENDERSON being presented in court by their
assignee JAMES B. JAMISON, and the
said JESSE BULTER being represented
in court by his assignee JAMES B….
Page 206
…JAMISON & HARRISON JAMISON and the said GRACY IRWIN and ELIZABETH ARTERBERRY being not residents of the state of Texas and
not present or represented in court.
In accordance with said facts and with said mandate of said
District court, It is considered adjudged and decreed by this court, that A. T. ROBERTSON, TISDALE SPINCER, PELEQ
RENISON and SILAS YARNELL be
appointed commissioners to partition and divide the tract of land specified in
former decree situation in Collin County and State of Texas conveyed by patent
dated Septr. 26th 1855 containing 640 acres the headright of said WM. BUTLER decd. among his said heirs
at law or their assignees in shares of average quality and in quantities, as
follows, by settling apart to HARRISON
JAMISON as assignee MARY BUTLER
Widow of said deceased 320 acres or one half of said tract it satisfactorily
appearing to this court that said headright of 640 acres was community property
of said WM. & MARY BUTLER, 2nd by setting apart to said HARRISON JAMISON as assignee of WM. W. BULTER, HULDA WARDEN and SARAH WARDEN three shares of one tenth part each of said remaining
320 acres.
3rd By setting apart to JAMES B. JAMISON as assignee of JOAB BUTLER, JOHN BULTER, KATHARINE BLEDSOE and MARY GRINDSTAFF late HENDERSON four Shares of one tenth part
each of said tract of 320 acres.
4th By setting apart to HARRISON JAMISON and JAMES
B. JAMISON one share of one tenth part of said 320 acre tract as assignee
of JESSE BUTLER aforesaid.
5TH By setting apart to ELIZABETH ARTERBERRY and GRACY
IRWIN each one share of one tenth part of said tract of 320 acres and it is
farther ordered that said commissioners be furnished with a copy of third
decree and report their action thereon to the next Term of this Court, for
which let proper order issue.
Estate
of JOHN J. MILLER decd.
It appearing to the court on representation of ROBERT R. MAYO, and on the papers filed
in this court, that said R. R. MAYO,
who is reported as a purchaser of land sold and reported to this term of the
Court by JAMES T. FISHER admr. of
the Estate of JOHN J. MILLER decd.
is also a distributee of said Estate and entitled as such to the sum of
$842.98/Eight hundred and forty two dollars and eight Cents, part of the
proceeds of the (?)…
Page 207
…sale of said land. It is ordered by the court that the said
R. R. MAYO execute his note for the
sum of seventy seven dollars and ninety two cents being the excess of his bid
at said sale over his share as distributee as
aforesaid in said land sold and a mortgage on the land bought by him to secure
the payment of his said note according to its tenor, and that the said JAS. T. FISHER admr. as aforesaid
report his action herein at the next term of this court.
Ordered
that court adjourn till tomorrow morning 8 A. M.
June 27th
Court met according to adjournment.
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
Estate
of J. J. MILLER Decd.
And now at this time comes JAS. T. FISHER admr. of the Estate of J. J. MILLER decd. and represents to this court that R. R. MAYO the purchaser of 160 acres
of the land sold, by order of your Honor’s Court and in accordance with a
decree of the Court which sale was made on the 1st Tuesday of June 1860 refuses and neglects and
has refused and neglected to execute his note for the purchase money as
specified in petitions report of said sale he therefore prays your Honor for
another order of sale, that petitioner be ordered to readvertise said land and
sell it the 2nd time in accordance with Law.
JAMES T. FISHER admr.
Examined
and Rejected by the Court.
To which ruling the administrators council excepted &
give notice of an appeal to the District Court.
State of Texas County
Court of Collin County pertains
[Estate
of HENRY HART decd.]
Ordered by the Court that JAS. L. READ, DAVID STIFF and W.
C. KENNEDY be and they are hereby appointed to appraise the Estate of HENRY HART decd. and made report to the
next term of this court.
J.
J. HARRISON Chief Justice
Page 208
State of
July
19th 1860
Present J. J. Harrison Chief Justice
Buford
Henry Clerk
[Estate
of JOHN BACCUS]
At this day comes ANN
BACCUS and by petition prays this Court, for the appointment of
Commissioners to appraise the community property of herself and her deceased
husband JOHN BACCUS, Ordered by the
court that SAMUEL YOUNG, WM. H.
HOLLIDAY, DAVID MELTON and THOS.
BACCUS be and they are thereby appointed commissioners to appraise the Community
property of ANN BACCUS and JOHN BACCUS decd. and make report to
the next term of this court.
J.
J. HARRISON, Chief Justice
State of Texas July
Term 1860
County
court of
Pertaining to Estates met at the Court house in the Town of
Present
J. J. Harrison Chief Justice
Buford
Henry Clerk
Jas.
L. Read Dept. Sheriff
Estate
of VIRGINIA L. SANDERS Minor
At this day come J.
W. L. BUTLER Guardian of VIRGINIA L.
SANDERS Minor, and returned into court account of sale of personal property
of said minor, ordered by the court that said account of sale be confirmed and
that the same be recorded by the clerk.
Estate
of MARY A. DAWSON Decd.
At this day come JONAS
DAWSON admr. of the estate of MARY
A. DAWSON Decd. and returned into court account of sale of personal
property of said Decd ordered by the Court that said account of sale be
confirmed and recorded and recorded by the clerk.
Estate
of HENRY HART Decd.
At this day come B.
Y. HART Executor of the last will of HENRY
HART Decd. & returned into Court an Inventory of Said Estate, ordered
by the Court the same [be] recorded by the clerk.
Page 209
Estate
of DANL. ELLIOTT Decd.
At this day come SMITH
McGLOTHLIN Executor of the Estate of DANL.
ELLIOTT Decd. and returned into court Inventory and appraisement of the
Estate of said Deceased, ordered by the court that the same be recorded.
Estate
of DANL. ELLIOTT Decd.
At this day come SMITH
McGLOTHLIN Executor of the Estate of DANL.
ELLIOTT Decd. and filed in Court an account against said Estate for the sum
of thirteen dollars and the court examining the evidence in favor of said
Claim, ordered by the Court that said Claim of thirteen Dollars, be and is
hereby approved and allowed.
Estate
of DANL. ELLIOTT Decd.
At this day come SMITH
McGLOTHLIN Executor of the Estate of DANL.
ELLIOTT Decd. and by petition prays the Court for an order of sale for a
certain tract of land, directed to be sold in said last will of said deceased,
and it appearing to the court that said deceased directs in his last will this
sale of 189 acres of lands conveyed by COLEMAN
WATSON to said deceased, and described in said deed, It is therefore
ordained adjudged and decreed by this court, that SMITH McGLOTHLIN executor as aforesaid, to sell said tract of land,
at public outcry at the court house in the town of McKinney, to the highest
bidder on the first Tuesday in September 1860, first giving twenty days notice
of the time and place of sale as required by law said sale to be between the
hours of 10 A. M. and 4 P. M. requiring of the purchaser or purchasers of said
tract of land bond and good personal security and lien upon the said premises
(?) for the purchase money and make report to this court.
Estate
of W. & A. SKAGGS Minors
At this day come ELIZA
JACKSON Guardian of W. and A. SKAGGS and filed in court an
Inventory and account of the Estate of said Minors, ordered by the court that
the same be approved and recorded
Estate
of THOS. F. BOREN
At this day come JNO.
HENDRIX admr. De Bonis Non of the Estate of THOS. F. BOREN and made report of the condition of said estate as
follows, to wit that there has been presented and allowed claims to the…
Page 210
…amount of $19.33 and collected $40.50 since my last report.
Ordered by the court that the same be approved.
Estate
of THOS. SHAIN Decd. & H. T. STIFF his wife
At this day come HARRIET
T. STIFF surviving partner of THOS.
SHAIN Decd. and by petition prays for appointment of commissioners to
appraise the community property of said deceased and said surviving partner.
Ordered by the court that THOS.
LEWELLEN, GEO. H. PEGUES & J. B.
STIFF be and they are appointed commissioners to appraise said community
property and make Report to this court.
Estate
of DAVID WETSEL Decd.
At this day come PETER
WETSEL admr. of the Estate of DAVID
WETSEL Decd. and returned an additional Inventory of the Estate of said
Deceased ordered by the Court that the same be recorded.
Estate
of MARY A. DAWSON Decd.
At this day come JONAS
DAWSON administrator of the Estate of MARY
A. DAWSON Decd. and by petition prays the court for an Order of sale, of
the Real Estate belonging to said deceased and it appearing to the court that
there is a necessity for the sale of the said real Estate for the payment of
Debts, It is therefore Ordered adjudged and decreed by this Court, that JONAS DAWSON Admr. as aforesaid proceed
to sell on a credit of 12 months at the court house door in the Town of
McKinney on the first Tuesday in September 1860 between the hours of 10 A. M.
and 4 P. M. at public outcry to the highest bidder, first giving at least 20
days notice of the time & the place of said sale, lot no. 9 in Block no. 6 situated
in the Town of Weston, requiring the purchaser or purchasers to give bonds and
good personal security and lien on said lot for the payment of the purchase
money.
Ordered that court adjourn until tomorrow morning 8 o’clock.
July 31st Court met pursuant to adjournment.
J.
J. Harrison Chief Justice
Buford
Henry Clerk
Page 211
Estate
of PHILLIP D. CRUME Minor
At this day come JAS.
C. FOREMAN Guardian of PHILLIP D.
CRUME and returned into Court an account of sale of personal property
belonging to said minor and it appearing to the court that said sale had been fairly
made ordered by the court that the same be confirmed and recorded by the Clerk.
Also said Guardian made report of the Condition of his said
Ward’s Estate as follows to wit: since return of Inventory to this court
Received on sale of property $181-10. Hire of Negroes $303-00-amounting to
$484.10. Hired Negroes for this year 1560 (?) for the aggregate amt. of
$984.00—paid for his said ward $454-80. Examined by this Court and approved.
Estate
of DAVID WETSEL Decd.
At this day come PETER
WETSEL admr. of DAVID WETSEL Decd. and by petition prays this Court for the sale of
an (sic) horse belonging to said decd. and it appearing to the Court that there
is a necessity for the sale of said property for the payment of Debts, ordered
by the Court that PETER WETSEL admr. as aforesaid proceed to sell said horse in the Town
of McKinney at the earliest practicable time, at public outcry to the highest
bidder on a credit untill (sic) the 15th
day of January 1861 first giving ten days notice of the time and place of sale
as required by law, requiring of the purchaser bond and good personal security.
Estate
of WM.
At this day come SILAS
YARNALL, TISDALE SPENCER and A. T.
ROBERTSON coms. (commissioners) appointed by this
court to make partition and distribution of the Estate of WILLIAM BUTLER Decd. and in writing made their report of partition
and distribution of said Estate, and the court examining said partition and
distribution of said Estate among the legal heirs of said deceased, and it
appearing to the court that said division had been fairly made It is therefore
Ordered adjudged and decreed by the court that said partition and distribution
of said Estate be confirmed and recorded by the clerk.
Estate
of THOS. SHAIN Decd. & HARRIET T. SHAIN
At this day come THOS.
LEWELLING, GEO. H. PEGUES and JAMES
B. STIFF appraisers appointed by this…
Page 212
…court to appraise the community property of THOS. SHAIN Decd. and HARRIET T. SHAIN the surviving partner
of said deceased, and returned into court an Inventory and appraisement of said
community property, ordered by the court that said Inventory be recorded.
Estate
of J. J. MILLER Decd.
Whereas by complaint of ROBERT
R. MAYO filed in this Court, it appears that JAMES T. FISHER admr. of J. J. MILLER Deceased has failed to
comply with the order of this Court prescribing the terms to be Complied with
by said MAYES (MAYO?) for the
completion of his purchase of land bought at said administrator’s sale as
heretofore reported. It is therefore ordered that said JAMES T. FISHER be cited to appear at the next Term of this court
to show cause if any he can why, He, for said disobedience should not be
removed from said administration.
Also ordered by the court that JAMES T. FISHER be cited to appear at the next term of this Court
to show cause why he has not reported to this Court the payment of the sale of
80 acres of land sold upwards of 12 months since, under order of this court by
said administrator.
A. THOMASON
Lunacy
Whereas information being given to the Chief Justice of
Collin County that ANTHONY THOMASON
a citizen of said county is non compos mentis, whenupon
(sic) said court caused the said THOMASON
to be brought before him and a jury of twelve good and lawful men to be
summoned, & try said cause returned into court the following verdict: we
the jury find A. THOMASON to not be
of sound mind.
D.
Marshall Forman (sic)
Ordered by the Court that the appointment of a Guardian of
the person and property of said A. THOMASON
be continued to the next term of this Court, for the want of some suitable
person to accept said appointment.
Estate
of JOHN BACUS Decd. & A. BACUS [BACCUS]
At this day come the coms.
(commissioners) appointed by this court to appraise the community property of JOHN BACUS Decd. [and] ANN BACUS the surviving partner and
returns into Court Inventory and appraisement of the (?)…
Page 213
…of (sic) said community property, ordered by the court that
the same be recorded.
J.
J. Harrison
Chief
Justice
August
Term 1860
State of
Pertaining
to Probate Business
For the
Present A. T. Robertson Chief Justice
Buford
Henry Clerk
Estate
of DAVID PETRY
At this day come J.
W. PERKINS by Petition, and prays for the appointment of administrator, on
the Estate of DAVID PETRY deceased
Intestate, and it appearing to the Court, that Notice of said Petition had been
given as the law requires, and no one appearing and contesting said
appointment, Ordered by the court that the said J. W. PERKINS be and he is hereby appointed the administrator of
the Estate of said DAVID PETRY decd.
and that letters be issued to the said J.
W. PERKINS he having bond and good security in the sum of one thousand
dollars. (letters issued)
Ordered by the Court that ABNER FRANKLIN, THOS. J. AUSTIN and JOSEPH HEARN be and they are hereby appointed commissioners to
appraise the Estate of DAVID PETRY
Deceased, and make report to the next term of this Court.
Estate
of MARTIN P., RACHEL, MARTHA ANN and
GEO. KINDEL
At
this day comes DAVID STIFF and HARRISON STIFF Securities on the bond
of W. B. KINDEL Guardian of the
person and property of MARTIN P.,
RACHEL, MARTHA ANN and GEO. KENDEL,
and prays the court for an order to have said W. B. KINDEL Guardian as aforesaid cited to appear and give new
bond, and that they be released from all future liability upon said bond.
Page 214
Ordered by the court that W. B. KINDEL Guardian as aforesaid be and appear at the next term
of this court and give new bond as the Guardian of the foregoing named minors
and that citation be issued.
Ordered that court be adjourned to tomorrow morning 8
o’clock.
Acoording to adjournment court met August 28th
1860.
Present A. T. Robertson Chief Justice
Buford
Henry Clerk
Jas.
L. Read Sherifff
Estate
of DANIEL ELLIOTT
At this day come I.
J. REEDE (?) and filed his complaint in writing praying that the executor
of the Estate of DANIEL ELLIOTT
deceased be required to make title agreeable to title bond Executed by said
deceased in his life time for a certain tract of land therein mentioned and the
said Executor SMITH McGLOTHLIN of
said deceased waving issued of Process, It is therefore ordered adjudged and
decreed, that the said SMITH McGLOTHLIN
Executor as aforesaid make title to said I.
J. REEDE according to the tenor of bond, to the property sold by said
testator.
Estate
of the minors heirs of THOS. PHILIPS
Decd.
At this day comes A.
W. JACKSON Guardian of the persons and Estate of ALONZO, ATHENIA and THOS.
PHILIPS, and by petition prays the Court for an Order of court to Rent the improved
lands of said wards, ordered by this court that said Guardian proceed to rent
said improved lands for the space of 12 months, for cash payable at the
expiration of said time, at the late Residence of said deceased, first giving ten
days notice of the time and place of renting as required by law, taking notes
and Good security for the payment of said Rent.
.