Probate Minutes - 1846-1870 - Volume C-1


Collin County, Texas Probate Minutes

Volume C-1

 

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State of Texas County Court Collin County, Texas

Collin County Pertaining to Estates. Met at the Courthouse in The Town of McKinney on the 27th day of July 1868 A. D. Present: S. Bowlby Co. Judge

G. W. Patterson Clerk

 

When the following proceedings were had

 

Estate of D. S. BRADLEY Deceased

 

The following named commissioners to wit F. J. Vance, J. D. Bellows & John M. McKinney appointed at a former term of this Court to petition the property real and personal belonging to the estate of D. S. BRADLEY decd. between the heirs of said estate to wit CATHERINE TACKNER (FACKNER) late CATHERINE BRADLEY and surviving wife of D. S. BRADLEY decd. and GEORGE BRADLEY son of said Bradley a minor under twenty one years of age made their report of the partition and division of said Estate between the aforesaid heirs.

And it appearing to the Court that said minor GEORGE BRADLEY was duly represented in said partition by his regular guardian, T. T. BRADLEY and that said report has been fairly made according to law subscribed and sworn o by said commissioners containing a statement of the property divided by them and a particular description of the property allotted to each of said distributees with a plat of the land said report is by the Court fully approved and in all things confirmed and the Same is ordered to be (?) Recorded.

And it further appearing to the Court from the final account of J. B. Faukner, Admr. of said Estate presented at a former term of this Court and receipts from said distributees for the estate set apart to each of them as shown by the report of Said Commissioners that there is none of said Estate remaining in his hands as administrator it is ordered by the Court that said Administrator be discharged from his rust and that the Succession of Said Estate in this Court be closed on the payment of the Court Charges.

 

Estate of JOSHUA B. LEE, Decd.

 

T. J. HALL administrator and ZERUTHA HALL Administratrix of the estate of JOSHUA B. LEE Dec. this day made their report of the sale of a tract of Land containing eighty acres lying in Dallas County ordered to be sold for the payment of Debts at the may term of this Court and it appearing to the Court that said sale was made in Conformity to law and that A. W. PERRY became the purchaser of said land at the price of one hundred dollars and that he is ready to pay Said Sum of money upon the execution of good and sufficient conveyance of title. It is therefore ordered that said report be approved confirmed and (?) and that upon the payment of said purchased money that (?)…

 

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…Admr. & Admx made good and sufficient deed of Conveyance of all the right title and interest of said Estate in and to said Land to Said A. W. PERRY and that upon the execution of Said Conveyance all the right title and interest in and two (to) Said land be divested out of the heirs and legal presentation of Said Estate and vested in the Said A. W. PERRY.

 

Estate of JAMES E. BRYANT Deceased.

 

Now this day come the Admr & Admrx of the estate of JAMES E. BRYANT decd. and filed an additional divisions of the property of said Estate. Ordered by the Court that said divisions be approved and that said additional report be recorded.

 

Estate Minor Heirs of JAMES E. BRYANT, decd.

 

This day comes THEODOSIA E. BRYANT, Guardian of the Estate of the minor children of JAMES E. BRYANT deceased and herself and returned an appraisement and inventory of the estate of said Minor Children. Ordered by the Court that said Inventory and appraisement be approved and the Same be recorded by the Clerk.

 

Estate of L. SHIRLEY deceased

 

It is ordered by the Court that ALEX BERRY Admr. Of Said Estate of L. SHIRLEY decd deliver to PAULINE SHIRLEY Surviving wife of Said L. Shirley all of the property exempt by law from forced sale. And that GEO. WHITE, M. W. ALLEN & M. S. PULLIAM be appointed Commissioners to survey and designate the Homestead and report their action to the next term of this Court.

 

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Estate of W. B. BENGE deceased

 

Now this day comes J. D. NEWSOME and M. J. BENGE executor and executrix of Said estate of W. B. BENGE and filed account for final settlement and the Court being duly satisfied that legal notice had been given. And it appearing to the Court that the debts of the t have all been fully paid or provided for And the will of the Said deceased having full Executed It has been ordered and decreed by the Court as follows

That J. D. NEWSOME and M. J. BENGE be discharged from the executorship of Said Estate and that the Succession stand closed That the real and personal property shown by inventories reports and final account as belonging to the estate on hand be vested Absolutely in M. J. BENGE as declared by the will and the remaining half be bested in the children of the deceased and that the whole of Said property be turned over to the said M. J. BENGE the shares of the children to be used and disposed of by her the said M. J. BENGE as to her may seem best for the support and education of Said children.

 

 

Estate of J. D. LEDBETTER Deceased

 

Now this day came J. T. COLEMAN admr. of the estate of J. D. LEDBETTER deceased and filed his final account for settlement and the Court being satisfied that legal notice has been given and it appearing to the Court that the debts of the Estate have all been fully paid It has been ordered and decreed by the Court that said J. T. COLEMAN Admr. as foresaid be discharged from the Administration of said Estate and that the succession stand closed That the Real Estate described and Set apart by Stephen Jones, W. G. Barns & James O. Kerr Commissioners appointed by the Court to make division of said Real Estate between MARY E. LEDBETTER widow of Said J. D. LEDBETTER deceased and ISABEL R. LEDBETTER minor child. And that the said real Estate be vested in each of Said heirs according to the division made by said Commissioners.

 

Estate of CATHERINE DIXON Deceased

 

At this day Comes S. COFFEY Administrator of the estate of CATHARINE DIXON Deceased and filed his annual report of the Condition of Said Estate. Ordered by the Court that said report be approved & place on file.

 

Estate of LEWIS SHIRLEY Deceased

 

At this day come ALEX BERRY Admr. of LEWIS SHIRLEY deceased and pray Authority of the Court to rent by private contract the improved farm and homestead belonging the said Estate lately occupied by John___ Dysart and the same being considered by the Court It is ordered that the ____ to rent said premises be given as prayed for.

 

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Estate of JAMES MODE Deceased

 

Now this day comes BUFORD HENRY admr. of JAMES MODE deceased and file his inventory and appraisement of said Estate. Ordered by the Court that said inventory by approved and the same places on record.

 

 

Estate of JAMES MODE Deceased

 

Now this day come BUFORD HENRY admr. of JAMES MODE decd. and prays the court for an order to Sell for Cash all the personal Estate of Said deceased to pay Debts and Court fees. Said Sale to be in the town of McKinney and at the earliest practicable time. Ordered by the Court that said prayer be granted and that petitioner proceed to sell as soon as practicable.

 

Joseph Britton Estate of S. WHITAKER decd.

Vs.

Buford Henry, admr And now on this the first day

Samuel Whitaker of the term comes the parties by their attorneys and the attorneys representing the Creditors of said Estate having withdrawn opposition to plaintiffs' claim and the evidence being introduced and it appearing to the satisfaction of the Court that the plaintiff JOSEPH BRITTON had purchased of SAML. WHTTAKER in his life time the south half of the 80 acres of land described in his petition and had paid for the same and it further appearing to the Court that the said BRITTON had been in continuous possession of the Same and the Use thereof since he year 1857 and the Said plaintiff in his petition relinquishes to the Estate of Said WHITAKER all that portion of Said land so purchased by him & now included in the farm of said WHITAKER decd. It is herefore ordered adjudged and decreed by the Court that the said JOSEPH BRITTON do have and ______of the said BUFORD HENRY as administrator of SAML. WHITAKER Estate the following described tract or parcel of land the same being out of the South east corner of Wm. Price headright Survey Beginning on the north line of Wm. R. Garnett's 320 headright Survey on the east Bank of White's Creek Thence East (blank) rods on Garnett's north line to a post, the Same being on the line of the west strip of fence on the said Saml. Whitaker's farm Thence North and a post Thence west (blank) rods to White's Creek Thence down said Creek to the Beginning containing thirty acres more or less and to be one half of 80 acres deeded to SAMUEL WHITTAKER by A. S. McAnder out of the Millican Price headright less the amount of land included in Whittaker's field…

 

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…out of the part purchased by BRITTEN from WHITHER and the Said BUFORD HENRY to make a deed to the above described tract of land and the said JOSEPH BRITTEN to pay the cost in this behalf expended and that execution issue.

 

 

Estate of WILLIAM DAVIS deceased

And now come GEORGE WHITE a commissioner appointed to lay off a home stead for the heirs of WILLIAM DAVIS deceased and make a report of the lands belonging to the Estate and asks for instructions from the Court as to what land shall be included in the homestead and the circumstances being fully considered by the Court it is ordered the following land be entered in the homestead having been entered as such 24 acres sold to Isaac Rhine 5 acres sold to T. W. Wyley 6 acres sold to Joseph Bledsoe 5 acres sold to Burrell Stiff 5 acres sold to Jenkins & D Aruoud (?) 13 acres sol to Stiff & Swell (?) & nearly 4 acres sold to Jenkins & Goodner and the said businesses proceed to lay off Said homestead.

 

Estate of W. B. SMOOT deceased

 

Now this day Comes F. J. VANCE & WM H. SMOOT Executors of the last will of W. B. SMOOT deceased and returned into Court an additional Sale Bill of property belonging to Said Estate Amounting to $181.00. Ordered by the Court that the Same be approved.

 

Estate of W. B. SMOOT decd.

 

Now this day comes F. J. VANCE & W. H. SMOOT Executors of the Estate of W. B. SMOOT decd. and filed in this office a list of claims against said Estate which have been presented and allows (?) amounting in the aggregate to $1986.15. Which they represent as all the Claims offered up to this date & think perhaps that it is all that will be presented. Upon due examination by the Court Said list of Claims were approved.

 

Estate of WILLIAM DAVIS deceased

 

And now at this term of the Court upon the suggestion of SALLIE DAVIS Administratrix of WILLIAM DAVIS Deceased it is ordered by the Court that the personal property mentioned in the inventory be and the same is herby set aside to the said SALLY DAVIS surviving wife of said WM. DAVIS decd and to the children of Said DAVIS it being by law exempt from forced sale. It is further moved by the Court that the homestead of two hundred acres in so much thereof as had not been sold by the said WM. & SALLY DAVIS in his life be and the same is hereby set aside and confirmed to the said Surviving wife and Children and in a much as the metes and bounds of the said two hundred acres have not been fully ascertained ___…

 

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…by the Court that GEORGE WHITE be appointed to survey the same and return thereof at this term of this Court.

 

Minor Heirs of GEORGE LOVEJOY, Decd.

 

Now this day Comes JAMES H. LOVEJOY and prays the Court for the appointment of Guardian of the Estate of Z. A., P. E. & W. C. LOVEJOY, minor heirs of GEORGE LOVEJOY, deceased. It appears to the Court that said minors were over the age of 14 years and capable of choosing their own guardian. One of said minors appeared in open Court and made choice of the said JAMES H. LOVEJOY. And the Court being satisfied that the other 2 minors wished the appointment of said LOVEJOY as their guardian. It is ordered by the Court that said Prayer be granted and that said JAMES H. LOVEJOY be and is hereby appointed Guardian of the estates of said children.

 

Estate of WILLIAM DAVIS, Deceased

 

Now this day comes GEO. WHITE, a commissioners appointed by the Court to ascertain the amount of Land belonging to the estate of WM. DAVIS, dec. to lay off a homestead for the heirs of Said DAVIS. And having ascertained the situation of the lands in Said Estate and having asked and received further instructions from the Court presents to the Court the following description of the homestead set apart by your Commissioner, To Wit: Beginning at a post in the N line of a tract of 320 acres sold to G. A. WILSON by WILLIAM DAVIS from which the N E corner thereof on East For bears East 20 chains Thence North 21 chains 65 links to a post in Stallcup & Foots line Thence West about 6 ch 80 links there S W Corner Thence North about 17 chs 18 lks the S E Corner of a tract Sold to HARRISON STIFF Thence West 7 chs 50 lks to a post on a branch Thence up the Same with the Stiff’s S line to the N E Corner of a tract of 20 acres sold to DAVID STIFF Thence south 13 chs 72 lks his S W Corner Thence West…

 

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…31 chs 47 lks to the S W Corner of D. Stiff’s 23 acres Thence South about 7 chs to the S E Corner of a tract sold to GEO. WITTS Thence West therewith & with the S line of 20 acres sold S. R. CAMBELL (sic) 14 chs 64 lks to the N E Corner of a tract sold at Sheriff’s Sale to J. B. WILMETH Thence South 10 chains to the N W Corner of a tract sold to WILLIAM PATTERSON Thence east 6 chs 63 lks his N E Corner Thence South 3 chs 17 lks his SE Corner Thence East about 20 chains the N E Corner of McKinney Thence South 4 chs 27 lks the N W Corner of a tract sold to JESSE RHINE Thence East 9 chs 30 lks his N E Corner Thence North 4 chs 27 lks the N W Corner of Said 320 acres sold to G. A. WILSON Thence East therewith 46 chains and 70 lks to the Beginning. But there is to be excluded from the above boundaries about 13 acres Sold to R. JAMES, 5 acres sold to G. MARX, 3 acres sold to J. S. ROBINSON, 100 by 200 feet sold to G. M RADER, 100 feet Square sold to G. W. STAGGS and 353 links by 353 lks sold to T. RION and will there include 200 acres more or less and will include as instructed by the Court 5 acres sold to T. W. WYLEY, 5 acres sold to BURRELL STIFF, 5 acres sold to JENKINS & D Armend and Brown, 5 acres sold to JOSEPH BLEDSOE, 13 acres sold to STIFF & SWAN, 3 ¾ acres sold to JENKINS & GOODNER, and 24 acres sold to ISAAC RHINE. The Homestead includes all the unsold portion of said Estate represented in Map B of my Previous Report except 30 acres cut off from the Eastern portion there on East Fork. Ordered by the Court that Such Report be accepted and spread upon the Minutes.

 

Estate of WM. DAVIS deceased

 

Now this day Comes SALLY DAVIS, Administratrix of the Estate of WILLIAM DAVIS, Deceased and represents to the Court that there is no personal property which can be sold for the purpose of maintaining the three children of the Said WM. DAVIS deceased and that all the land belonging to Said Estate are encumbered with a lien upon them by a duly recorded judgment in favour (sic) of DICKSON & THROCKMORTON for the sum of three hundred and twenty Six dollars and return thereon from the 8th day of February 1861 and further that Said Children are in destitute circumstances and have no means except the land that has been set aside to your petitioner and these (?) out of which they can be supported that the said children are destitute of sufficient clothing and food besides means of their education. Petitioner asks that a part of the land set apart as the Homestead by the report of the Commissioner be sold for Cash on the first Tuesday in September the regular sale day for the purpose of raising means to relieve their present urgent necessities and that the said case (?) be done without material detriment to their Estate said Children now being in great need of the most ordinary necessities of life (?) for their sustenance. Petitioner would suggest that the following lott (sic) of land lying between five acres…

 

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…immediately west of Bledsoe's tract of 5 acres 2nd A tract of about 2 acres east of the above described tract of Joseph Bledsoe's. Beginning at the N E Corner of said Bledsoe's tract Thence east to the north line of the tract of Stiff & Swan Thence South to the north line of the down donations (?) Thence west to said Bledsoe's S E Corner Thence north to the Beginning. 34d about one acre lying East of tract No. 2 ____to enclose (?) all that portions of land lying East of said tract and west of the following E boundary line viz Beginning on the North line of the town donations at the S. W. Corner of a lot in the name of J. S. Robinson Thence North to the NW Corner of a small lot of G. W. Staggs Thence East to the n. E Corner of said Staggs Thence north to the South boundary line of a lot in the name of T. Rhine. 4th A tract of about 2 acres beginning at the N E Corner of the last described tract and in the South boundary line of the T. Rhine lot Thence South to the S. E. Corner of G. W. Staggs lot Thence East to the N. E. of J. S. Robinson lot Thence North to the South line of a lot of land in the name of Jenkins & Goodner Thence West to the Beginning 5th A tract of land of about 4 acres Beginning in the South line of said Jenkins & Goodner being the N E Corner of Tract No. 4 Thence South to the north line of the town donation the S E Corner of the lot of J. S. Robinson Thence East to the point in the town donation line S of the S E Corner of a tract sold to Stiff & Swann Thence north to said S E Corner of Stiff & Swann Thence west to the Beginning. Whereupon the Court after due deliberation ordered that the said Petition & prayer be granted and said several lots of land be offered for sale as prayed for.

 

Estate of D. M. CRUTCHFIELD Decd.

 

Now this day Comes S. BOWLBY Executor of the estate of D. M. CRUTCHFIELD decd. (& S. Bowlby being County Judge being by law unable to act in the premises. Therefore Came John Scott & John M. Rineals (?) two of the County Commissioners of Collin County.) and represents to the Court that a prior sale of the personal property of Said Estate a certain mare was inventoried and sold for $41 as the property of deceased by mistake which has since been proven the property of John Magner. Your petitioners would ask an order to sell other property to make up the deficiency for the loss of the sale of said mare. Also to sell all the personal property yet remaining to pay the debts & c[laims] of said Estate

 

S. Bowlby, J. C. C.

 

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State of Texas County Court Collin County Texas

Collin County August Term 1868 Pertain to Estates

Met at the Court house in the town of McKinney August

31st 1868. Present

Hon. S. Bowlby County Judge

G. W. Patterson County Clerk

G. A. Wilson Sheriff

 

Estate of S. CHRISTIE decd.

 

Now this day came S. G. FURGERSON & RICHARD HOLLIDAY Executors of the Estate of S. CHRISTIE deceased and filed their Annual Report of the Conditions of Said Estate

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

 

 

Estate of MATILDA WHISENANT, deceased

 

At this day Comes WM. WEAVER Guardian of the estate of MATILDA WHISENANT and make his final report of the Conditions of his Ward's Estate and that his said ward has reached the years of majority and said Ward appearing in Court in person and it appearing to the Court that said final Report is in all things Correctly make out and said ward making no objections thereto it is therefore ordered by the Court that said report in all things be confirmed and that the guardian aforesaid deliver to his war the property named in said report after the Costs of management of Said estate and Court fees are paid by said Ward taking (?) the receipt of his said ward for the delivery of said property And that the Said Guardian be and he is hereby discharged from his trust.

 

Estate of J. B. LEE deceased

 

At this day Comes T. J. HALL admr. and BERETHA MANLY attys Admix of the estate of J. B. LEE deceased and files their Annual Report of the Condition of said Estate. Ordered by the Court that the same be approved.

 

Estate of MOSES SPARKS deceased

 

Now this day comes W. R. GULLY admr. of the Estate of MOSES SPARKS deceased and filed in the Court his annual report of the condition of Said Estate. Ordered by the Court that said Report be and is hereby accepted.

 

Estates of MOSES SPARKS Deceased

 

Now this day came W. R. GULLY Admr. of MOSES SPARKS decd and presented the Court a petition representing that there (?)…

 

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August Term A. D. 1868

 

There is a certain tract of _______ in his possessions belonging to the said Estate to wit 3/8 of thirty acres which is the interest of the Estate should be sold. And prays the Court for an order to sell the same. Ordered by the Court that Said Admr. Proceed to Sell the same at the door of the Court house at the time prescribed by law after being duly advertised as the law directs on a credit of twelve months by the purchaser given good and sufficient surety to the acceptance of the said administrator.

 

Minor Heirs of W. D. SNAPP decd.

 

Be it remembered that on this 31st day of August 1868 Came on to be heard the application of KATE J. SNAPP for the appointed of herself Guardian of the person and Estate of the three minor children of herself and W. D. SNAPP decd to wit ELLA SNAPP aged 16 years, LILLA SNAPP aged 14 years and JOSEPH SNAPP aged 12 years and it appearing to the Court that lawful notice of this application has been given by the Clerk of this Court and no objection being made to the application. It is therefore ordered by the Court that the said KATE J. SNAPP be appointed Guardian of the persons and Estates of the said minors upon her entering into Bond in the sum of Two thousand dollars with good and sufficient Sureties and taking the oath required by law and that letters of Guardianship be issue[d] to her according to law.

 

 

Minor Heirs of JAMES E. BRYANT Decd.

 

Now this day came THEODORE (?) E. WADDILL Guardian of the minor children of JAMES E. BRYANT deceased and represents to the Court that there is a certain perishable property belonging to said Wards that It would be to their interest to be sold. Therefore it is ordered by the Court that said Guardian proceed to sell said perishable property to wit: One waggon (wagon) all the cattle & Goats (?) and four bee stands, that after giving due notice as the law requires to the highest bidders on a credit of twelve months by the purchasers giving note with approved security.

 

Estate of ISABELLA WHISENANT a Minor

 

Now this day comes W. M. WEAVER Guardian of ISABELLA WHISENANT, a minor, & filed his Annual Report. Ordered by the Court that the said Report be approved.

 

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August Term A. D. 1868

 

Estate [of] WILLIAM WARDEN deceased

 

Now this day comes T. M. WARDEN by petition and represented to the Court that WILLIAM WARDEN died during the month of January last leaving no will and prays the Court to appoint him Administrator of the Estate of the said WILLIAM WARDEN deceased. And the Court being satisfied that due notice has been given by the Clerk and no objection being made by any person to said appointment. Ordered by the Court that the said T. M. WARDEN be and is hereby appointed Administrator of the estate of the said WILLIAM WARDEN decd upon Entering into Bond & Security to the County Judge of Collin County in the Sum of three thousand dollars. And make the necessary oath prescribed by Law. And that J. Gray, R. Rike & __Mitchel be and are hereby appointed appraisers for said Estate

 

Estate of M. WHISENANT, a minor

 

Now this day comes W. M WEAVER Guardian of M. WHISENANT and presented to the Court his final Report of the Condition of his ward's Estate. And also presents to the Court that his said ward has reached the years of majority and also prays the Court to be discharged from his trust. Whereupon the said ward being present and making no objection but being well satisfied with the settlement of her guardian, and the Court being satisfied that the said guardian has well and truly discharged all his duties as such guardian. It is therefore adjudged & decreed by the Court that Said Guardian be discharged from his trust and said Guardianship be closed.

 

Estate of WILLIAM SIMMONS deceased

 

 

Now this day Comes A. R. DICKSON Admr. of the Estate of WM. SIMMONS decd. and represents to the Court that the farm belonging to said estate will soon be without a tenant and prays the Court by a permit to lease the same at private contract with a condition that a portion of the rent be applied to keeping the farm in repair. Ordered by the Court that said prayer be granted. And that the said Admr. Proceed to lease the said farm to the best advantage for the interest of Said Estate.

 

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August Term A. D. 1868

 

Estate of JOHN PEW Deceased

 

At this day comes JOSHUA GTOCHER Admr. Of the estate of JOHN PEW deceased and represent to the Court that here is a necessity for the Sale of property of said Estate for the payment of debts & c[laims]. Your petitioners therefore prays for an order of Court for the Sale of so much of the personal property of Said Estate to pay the debts of said estate on a Credit of Six months. Ordered by the Court that the Said prayer be granted, and that the said Admr. Proceed to sell sufficiency of personal property to pay the debts due against said Estate.

 

Estate of ROBT. T. SPEARMAN decd.

 

And now this day comes G. A WILSON Admr. of R. T. SPEARMAN deceased and makes his report of the Sale of land belonging to said Estate ordered to be sold at the December Term 1867 of this Court and the Court having inquired into the manner in which said Sale was made, and being satisfied that the same was fairly made and in Conformity with law, It is therefore ordered and decreed that said Sale be in all things Confirmed and Said report by the Clerk of this Court duly recorded. And it appearing from Said report that ADDISON WILSON became the purchaser of the undivided and half interest in and to the following described real estate to wit a certain tract of land lying in the S. E. Corner of Collin County on the waters of Sabine River being a part of the Osgood Survey in the N. E. Corner of said Survey. Commencing at the n. E. Corner of said Survey running South 316 3/4 poles to Chism's Corner in said Survey thence West 243 poles thence N to the N Boundary of said Survey thence East to the beginning. Containing 489 acres less 140 acres deed to Morris by Collins and Spearman. And it further appearing that Said ADISON WILSON is a Judgment Creditor of Said Estate of ROBERT T. SPEARMAN for the sum of 706.55 Dollars and that he bid the Sum, of thirty dollars a part of said judgment allowed in the District Court of Collin County on said interest in above described land. It is therefore ordered that Said GEORGE A. WILSON Administrator as aforesaid execute and deliver to said ADDIOSN WILSON a good deed sufficient deed to all the right title and interest of said ROBERT T. SPEARMAN decd. and to the said described land.

 

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August Term A. D. 1868

 

Estate of JOHN PATTERSON decd.

 

Now this day comes JAMES PATTESON (PATTERSON) admr of JOHN PATTESON deceased and represents that all the debts own to exist against Said Estate have been paid and that all the property of said Estate has been partitioned and distributed among the heirs of said estate as full appears from the papers on file of said estate. And as that there is remaining nothing of Said estate in my hands and that the same has passed into the hand of the legal heirs thereof and therefore pray that an order be granted discharging him from the succession.

 

Ordered by the Court that Said pray be granted and that the Succession be closed.

 

Estate of THOMAS BRUCE deceased

 

Now this day comes JEMINA FURR administratrix of THOMAS BRUCE deceased and represents to the Court that in obedience to the order (?) heretofore Granted by this Court She exposed for sale on the first Tuesday in September A. D. 1868 The said tracts of land described in said order, which said several Tracts of land was sold on a credit of 12 month for notes of purchase money at 12 months credit with good security and retaining a lien on said land as additional security.

Ordered by the Court that said sale be approved and that all things pertaining to said sale be confirmed and hat said Bill of Sale be placed on record of Estates by the Clerk and that the administratrix JEMIMA FURR make the necessary conveyance to purchasers of the respective described lots of land in said returns set forth.

 

Estate of WM. DAVIS deceased

 

At this day comes SALLIE DAVIS administratrix of WILLIAM DAVIS deceased and make her return of the land sold in pursuance of an order of the Court on the 1st Tuesday in September A. D. 1868 within the legal hours after advertising the same at three public places in Collin County one of which was at the Court house door by posting up notices at said place of the terms and place and terms of said sale offer the same for sale. Ordered by the Court that said Sale be approved. And that all things pertaining to said sale be confirmed and that Said Sale Bill Report of sale be place in record by the Clerk of this Court and that the administratrix SALLIE DAVIS make the necessary ______said lots of land in_______ described as tract No. 1, 2, 3, 4 & 5 to the purchasers thereof ___________.

 

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August Term A. D. 1868

 

Estate of the Minor Children of GEORGE LOVEJOY decd.

 

And now at this term of Court appeared MRS. POLLY TURNER the former widow of GEORGE LOVEJOY dec. who had been duly cited and upon a full personal and explanation of the action of the court at the last term thereof appointed J. H. LOVEJOY as the guardian of her minor children by the said GEO. LOVEJOY, decd. and the appointment of appraisers also to act as Commissioners to divide Said Estate between her and the other heirs thereof. She fully consented to the same proceedings of the Court in the premises. Whereupon it is hereby ordered by the Court that the Said Commissioners T. T. BRADLEY, W. HARRIS, I. M. BENGE, SAMULE TERGUSON & GEORGE WHTIE proceed to divide the Community Estate first equally between the said MRS. POLLY TURNER and the other heirs of the said GEORGE LOVEJOY deceased. And second to divide the portion of the said Heirs Equally between them to wit. JOHN L. LOVEJOY who is an adult heir and Y. A. LOVEJOY, P. E. LOVEJOY and W. C. LOVEJOY, minors. The Said Commissioners and appraisers will consider all the Real Estate as Community property and such Stock Cattle or horses if decended (descended?) from Community property, as Community property and if decended (descended?) from separate property as separate property. ____ by order of the Court.

 

Estate of WILLIAM DAVIS deceased

 

At this day comes SALLY DAVIS Admr. of WILLIAM DAVIS deceased by her attorney and represent to the Court that there is a necessity to sell the real Estate of said WM. DAIVS Deceased So as to pay off the debts of said estate and the cost of administration which will probably be One hundred and fifty dollars. And upon all the real Estate (there being no person property of said Estate to be sold) belonging to said Estate there is a judgment liens in favor of Throckmorton & Dixon which is given in the list of claims following which have been allowed against the estate of the said WM. DAVIS dec. 1st $33.56 in favor of Galletin Searcy June 27 2nd $33.56 in favor of E. T. Berry 3rd $14.00 in favor of Thos. W. Wylie July 7th 1868 4th $336 in favor of J. W. Throckmorton & J. Dixon accepted June 8th 1868 The last claim bears interest at 8 per cent from the 8th day of February 1861 and __ a…

 

Page 15

 

August Term A. D. 1868

 

…recorded judgment and been on all the real estate of the said WM. DAVIS deceased and that there is a Suit pending against the estate in form of J. B. Benton change 640 acres of land Petition asks that the tract lying east of the homestead contain 32 acres be sold in five lot and that the tract of 20 acres gains from JOHN E. EASTON be sold in tracts of 10 acres each and that the tract of 61 1/2 acres be sold in lots of 15/2 28 & 18 acres. Each to suit purchasers. Ordered by the court that said petition be approved and an order be made to sell the lands described in the above petition at such times & in such manner as is prescribed by law.

 

Estate of THOS. B. MORGAN Decd.

 

Now this day comes the S. B. DICKSON Admr. of THOS. B. MORGAN deceased and represents that since the filing of the inventory of Said Estate certain property has come to his knowledge belonging to said Estate and asks that ____ Commissioners be appointed to appraise said portion of the Estate.

 

Ordered by the Court that GEO. WHITE, J. O. STRAUGHAN & J. TARVIS be appointed appraisers as aforesaid.

 

Estate of THOS. B. MORGAN Dec.

 

Now this day Comes S. B. DICKSON Admr. of THOS. B. MORGAN, deceased and filed in this Court his Special inventory.

 

Ordered by the Court that said inventory be approved and placed on Record by the Clerk.

 

Estate of W. M. SATTERWHITE dec.

 

Now this day Come __ H. ANDREWS admr. of the estate of WM. M. SATTERWHITE decd and asks the Court for an order to sell all the real Estate of Estate to pay the debts of said Estate and the Court Charges said property described as follows to wit: The undivided 1/2 of Lot 96 in Block No. 14 in the Town of McKinney and one hundred feet square out of the Wm. Davis survey & located near the north line of the Donation of the town of McKinney.

 

Ordered by the Court that said prayer be granted and that the Admr. aforesaid proceed to sell said real Estate at such time in such manners as is provided by Law.

 

Page 16

 

August Term A. D. 1868

 

Estate of H. H. GOSSEM Deceased

 

Now this day Comes ANGELIAN MAUN (formerly ANGELIAN GOSSEM) and represents that the property on which she lives includes the store house mentioned in the inventory is not worth the Sum of two thousand dollars and asks that said lots on which the Dwelling house & Store house are Situated be set aside to herself and child, a minor, and heir of H. H. GOSSEM.

 

Ordered by the Court that the above application be rejected and that the Admr proceed to sell the Storehouse as per a former Order of this Court.

 

Estate of HENRY COOK Decd.

 

In the matters of the administration ELIZABETH COOK having filed her final report of the settlement & distribution of said Estate and asks for a final discharge from the Administration. It is ordered by the Court that the notice required by law be given for twenty days in a new paper published in the town of McKinney notifying all persons interested that at the next term of the Probate Court of this County that the Final Account of the administration of Said estate will be examined and acted upon.

S. Bowbly

Judge C. C.

 

Page 17

 

September Term A. D. 1868

 

State of Texas County Court Collin County, Texas

Collin County Pertaining to Estates Met at the Court House in the town of McKinney On the 28 day of September A. D. 1868.

Present S. Bowlby, County Judge

G. W. Patterson, Clerk

G. A. Wilson, Sheriff

 

When the following proceedings were had.

 

Estate of M. E. & J. E. MALLOW, Minors

Now this day came MRS. O. E. BIRD, Guardian of M. E. & J. E. MALLOW, minors. And represents to the Court that It is necessary (?) that she have some money as guardian of here said minor children from the Estate of her deceased husband JOHN MALLOW for the purpose of paying Court fees & School bills for said minors. And asks that an allowance of fifty Dollars be made for said purposes. And that the administrator of M. MALLOW, Deceased be ordered to pay said petitioner the sum of fifty dollars, which shall be a voucher to him against the heirs of JOHN MALLOW, deceased.

 

Ordered by the Court that said prayer be granted and that the said Admr. of the said. M. MALLOW proceed to pay said Guardian the said sum of fifty dollars if said sum of fifty dollars is due said heirs of JOHN MALLOW Deceased.

 

Estate of J. W. & P. R. WEAR, Minors

 

Now this day Comes H. F. WEAR and represents to the Court that there is moneys due and Coming to two of his minor Children to wit JOHN WILLIAM & PETER REA WEAR & It is necessary that there should be a guardian appointed for said Children. And prays that he be appointed Guardian of said minors.

 

Ordered by the Court that Said prayer be granted and that Said War be and is hereby appointed Guardian of said Minor Children by giving Bond in the Sum of $700. And that letters of guardianship be granted him.

 

Estate of A. F. SMITH, a minor

 

Now this day comes J. J. SCOTT, guardian of the person & Estate of A. F. SMITH and makes his final report of the Condition of his Ward's Estate. And that his said ward had reached the years of Majority. And said ward appearing in open Court in person and it appearing to the Court that said final Report ___ all things Correct made out and said Ward makes…

 

 

Page 18

 

…makes no objection thereto. It is therefore ordered by the Court that Said report in all things be confirmed and that the guardian aforesaid deliver to his said ward the funds in his hands as of any after paying the Court Charges Due against said ward's estate. And that said Guardian be and is hereby discharged from his trust and said guardianship closed.

 

Estate of A. J. MARSHALL, a Minor

 

Now this day Came into Open [Court] A. J. MARSHALL a minor and prays the Court to appoint PERRY MARSHALL to act as guardian of his property during his minority. Whereupon It is ordered by the Court that Said prayer be granted and that the Said PERRY MARSHALL be and is hereby appointed guardian of the Estate of A. J. MARSHALL a minor upon his giving bond in the Sum of Six hundred Dollars. And making the necessary oath prescribed by law.

 

Estate of JOHN PEW Deceased

 

Now this day Comes JOSHUA PANTHER Admr. of the Estate of JOHN PEW deceased and presented to the Court an additional Sale bill for said Estate. Ordered by the Court that the same be approved And in all things Confirmed and that the Clerk place the same on record.

 

Estate of JOHN PEW deceased

 

Now this day Comes JOSHUA GOTCHER Admr. of JOHN PEW decd. by petition and represents to the Court that there is still a deficiency of proceeds to pay the indebtedness of Said Estate and the Court charges and asks the Court for an order to sell the remainder of the property of Said estate __ (consisting?) of Farming utensils, household kitchen furniture and stock cattle. And __ presents (?) that Said Stock Cattle are Located that it will cost the estate much money to Collect them and prays that the mark & brand of said Stock may be sold (?).

 

Order by the Court that the Same be approved and that the administrator to sell as prayed for.

 

Page 19

 

September Term A. D. 1868

 

Estate of C. T. FOX & wife

 

Now this day Comes FRANCES FOX TURNING wife of C. T. BOX deceased and represents tot he Court that she had filed an inventory of the Community estate of herself and deceased husband as she then believed embracing all the Community Estate but that she has since learned that the entire Estate remaining is Community property all being accumulated after marriage. And asks that appraisers be appointed make inventory and appraisement of said property that it may be added to the original inventory of Community Estate and that she may have entire Control of the Same.

 

Ordered by the Court that Said petition be approved and that G. S. BACCUS, JAMES COLEMAN & W. G. BARNES be and are hereby appointed appraisers of said Estate.

 

Estate of SAMUEL WHITAKER, decd.

 

Now this day Comes BURFORD HENRY admr. of S. WHITAKER decd. and presented to the Court an inventory and appraisement of the property of said Estate. Ordered by the Court that the Same be approved and place upon record by the Clerk.

 

Estate of MARTHA MARSHALL Deceased

 

It appearing to the Court that the last will and Testament of MARTHA MARSHALL decd. late of Collin County has at this term been produced in Open Court by J. L. LOVELADY executor thereof and no objections thereof behind made, the same has been proven according to Law by JOHN SPURGIN, one of the subscribing witnesses thereto. And it appearing to the satisfaction of the Court that Said will is in due and legal form. And that the said J. L. LOVELADY executor as aforesaid had made and filed his application as required by Law for letters testamentary, there to be granted to him, at present term of the Court. And lawful Notice thereof has been given to which no objection has been made. It is therefore ordered by the Court that the Said last will and testament of said MARTHA MARSHALL deceased by admitted to record. And that letters testamentary thereof be granted to the said J. L. LOVELADY, he having first taken the required oath and given bond as the law directs in the Sum of five hundred Dollars.

 

Page 20

 

September Term 1868

 

Estate of HENRY COOK, Deceased

 

Now this day Comes SARAH COOK, Administratrix of the estate of HENRY COOK Deceased and represents that the estate of her intestate has been fully administered and all the debts paid, that the heirs have all became of full age and all the l property belonging to Said estate has been distributed among the heirs. She represents that there is none of the property belonging to Said Estate now in her hands. Wherefore she prays that She may be discharged from the Administration of Said Estate.

 

Whereupon the Court after due examination of the final Report and the vouchers [on?] file in this Court (?) And being Satisfied that Due notice has been given in a newspaper published in the town of McKinney for the two prescribed by Law. And that all things have been done as reported in Said Final Report, It is ordered by the Court that Said Administratrix be and is hereby discharged from the further duties of such administration upon paying the Court Charges & Costs of publication of Notice and after which Said Succession be closed.

 

Estate of the Heirs of GEORGE PHILLIPS Decd.

 

Now this day comes H. SHIELDS Guardian of he estate of the minor children of GEORGE PHILLIPS deceased and filed his Annual Report of the Condition of said Ward's Estate.

 

Whereupon the same is approved by the Court.

 

 

JAMES WILSON assignee

Of ISAAC A. HANNAH

 

Vs.

 

ROUNTREE & ROUNTREE EX. & Exr.

Of M. S. BECK decd.

 

Now this day Comes JAMES WILSON assignee of ISAAC A. HANNAH and represents to the Court that he purchased a certain Bond From ISAAC A. HANNAH Given to R. W. CARPENTER by MANLY S. BECK now deceased. Said Land was transferred by ROBERT W. CARPENTER to I. A. & J. A. HANNAH and from I. A. HANNAH to the petitioner and further that the Said HANNAH Sued (?) out of the Clerk's offico a scire Facias Against Said Executor & Executrix of the estate of MANLY S. BECK deceased to show Cause why said deed should not be made requiring the said Executor and Executrix of Said Estate of MANLY S. BECK to make to the said JAMES WILSON (your petitioner) a deed for the premises described in said Bond. Whereupon the Court after due examination of the said Bond Given to R. W. CARPENTER and assigned by him to I. A. HANNAH & J. C. HANNAH & by the Said I. A. HANNAH and to the JAMES WILSON and also the petition filed by the said I. A. HANNAH

 

Page 21

 

…Claiming and setting forth that he is the legal owner of said Bond with his prayer for deed as set forth by the said JAMES WILSON. Therefore it is ordered adjudged and decreed by the Court that the said Executor & Executratrix (sic) proceed to make a good and Sufficient deed of Conveyance to the said JAMES WILSON his heirs or assignees for the tract of land Set forth and described in Said Bond. Vis. Situated in the County of Collin on the Waters of Rowlet's Creek, a tributary of East Fort of Trinity River and being a part of the headright survey of 320 acres which was made by virtue of his headright certificate granted by THOMAS W. WARD Comr. For Peters Colony and beginning at the north East Corner of said Survey and running from thence West fifty two poles Thence South 32 poles Thence East fifty two poles Thence North thirty two poles to the place of Beginning. And ______ is further ordered and decreed that all the right title and Estate Shall be vested in the said JAMES WILSON And out of the Estate of the said MANLY S. BECK and that the Cost of this presentation Shall be taxed with the Cast & paid by said Estate.

 

 

Estate of JAMES MODE deceased

 

Now this day comes BUFORD HENRY, Adm. of the Estate of JAMES MODE and returned into Court a statement of the business of Williamson (?) & Co. composed of JOHN WILLIAMSON (?), HENRY OTENHOUSE and JAMES MODE. Which said Statement was approved by the Court.

 

Estate of L. ADAMSON, deceased

 

This day comes LARKIN ADAMSON Administrator of the Estate of L. ADAMSON deceased and filed his annual Report of the condition of Said Estate. Ordered by the Court that the same be and is hereby approved.

 

Estate of the Minor Heirs of JOHN BACCUS decd.

 

And now comes ANN MARSHAL for herself & as guardian of GODFREY S. & ERASMUS BACCUS¾and prays the Court for a decree of partition between herself the surviving wife and ERASMUS S. & GODFREY S., minor children of herself and JOHN BACCUS desc. of Community property belonging to said Estate. She also represents that she has settled all the debts against said Estate and has filed her bona as natural Guardian of said minors GODFREY S. & ERASMUS BACCUS and that there is no obstacle in the way to prevent the legal division and partition of said Estate as prayed for and asks that Commissioners be appointed as required by law and for all the orders and decrees _____…

 

Page 22

 

Sept. Term

 

…premises necessary to carry this petition into effect. Ordered by the Court that said prayer be granted and that Mc____ HAVENS FINLEY & MOSES MOORE be and are hereby appointed said Commissioners and report the same according to Court.

 

Estate of JOHN MARSHALL Deceased

 

At this time comes W. P. MARSHALL executor of JOHN MARSHALL deceased And asks the Court for the appointment of three commissioners to distribute and divide the Community property of JOHN MARSHALL decd. and MARTHA MARSHALL deceased and to set apart to the petitioner as the representative of the Estate of Said JOHN MARSHALL one half of Community property and one half of the Said Estate to J. L. LOVELADY the representative of the Estate of (?) Said MARTHA MARSHALL decd. To wit: 1 pair Check lines, 2 augers, 4 hogs & 11 Shoats & one sow & one sow & Pigs, 4 three Year old Cattle, Six milk Cows, three yearlings, 2 mules, 2 3 year old Cattle, 2 one year old Colts, one bed.

 

20 gallon Stone ware, 1 table, 9 Bee stands, 1 cultivator, 14 geese, 1 set of plates, 1 sett (set) cups & saucers, 1 sett (set) knives & forks. Ordered by the Court that Said prayer be granted ant that J. W. FRANKLIN, McJ BAYSE (?) & JOSEPH STAMPSON be and are hereby appointed Said Commissioners who shall represent the same according to Law. The above appointed Commissioners are hereby authorized and ordered to apprise any other Community property of said Estate that may Come to there (sic) knowledge and divide it with the above, Setting apart one half to W. P. MARSHALL, Executor OF JOHN MARSHALL deceased and the other half to J. L. LOVELADY Executor of MARTHA MARSHALL deceased.

 

 

Estate of WM. KEARLY deceased

 

And now Comes JOSEPH STANFORD, administrator of the Estate of WILLIAM KEARLY [KERLEY] deceased and represents that there is debt due against Said Estate and that there is no money in hand to pay the same and Court Charges. And asks that an order be made authorizing heirs to sell three ponies & thirty acres of land belonging to said Estate. Ordered by the Court…

 

Page 23

 

…that said prayer be granted and that the said Administrator proceed to Sell said ponies and Land at such time & places as the law directs.

 

Estate of R. T. SPEARMAN dec.

 

 

GEORGE A. WILSON, administrator of the Estate of R. T. SPEARMAN, deceased having filed his account for final settlement duly Seen to and it appearing to the Court that the notice required by law has been given and that the assets of said Estate have all been administrated, and all the debts against said Estate hat (?) have been presented and allowed have been paid so far as the assets will permit. It is therefore ordered that Said GEORGE A. WILSON administrator as aforesaid be discharged from his said trust and that the succession be closed upon his paying the Curt Charges.

 

Page 24

 

October Term A. D. 1868

 

State of Texas Collin County

 

County Court Collin County pertaining to Estates.

Met at the Court house in the Town of McKinney on the 25 (?) day of October A. D. 1l868. Present:

Honorable S. Bowlby, C. Judge

G. W. Patterson, Co. Clerk

 

When the following proceeding were had:

 

Estate C. T. FOX, Decd. & wife Community

 

Now this day Came FRANCES FOX Surviving wife of C. T. FOX deceased and filed her additional inventory & appraisement of the Community Estate of herself and deceased husband ____(smear) Order of the last Term of this Court. Ordered by the Court that the same be approved and that the Clerk place the same upon record.

 

Estate of H. GOSSEM deceased

 

At this day Comes C. T. MANN (?) Administrator of the Estate of H. GOSSEM deceased and represents to the Court that in accordance in the order of the Probate Court of Said County of Collin he did on the 1st Tuesday of October 1868 in Compliance with Said order and the law in Such Cases made and provide (?) offer for Sale on a credit of 12 months before the Court house door in the County of Collin the town of McKinney, the storehouse and lot in the town of Plano to the Highest Bidder, when and where WILL WEAVER, SALATHIA COFFEE, W. B. BLALOCK, JOSEPH FOREMAN and S. W. OGLESBY bid the sum of One thousand dollars which was the highest and best bid therefore and the said Storehouse and Lot (situated in the Town of Plano in Said Collin County, Texas) was knocked off to the Said order of the Probate Court by virtue of which Said Sale was made was Entered at the May Term of the County Court for probated business A. D. 1868. It is therefore ordered by the Court that Said Sale be approved and in all things Confirmed and that Said C. T. MANN Administrator as aforesaid Execute and deliver to the Said W. M. WEAVER, SALTHIAL COFEY, W. B. BLALOCK, JOSEPH FOREMAN and S. W. OGLESBY a good and sufficient deed to all the right title and interest of said H. GOSSEM deceased in and to the said described Storehouse & lot.

 

Page 25

 

October Term A. D. 1868

 

Estate of JOHN PEW deceased

 

Now this day Comes JOSHUA GOTCHER admr. of the Estate of JOHN PEW deceased and filed his annual account of the condition of Said Estate. Ordered by the Court that Said Report be and the same is hereby approved.

 

Estate of MARTHA MARSHALL Deceased

 

Now this day Comes JOHN LOVELADY, Executor of the Estate of MARTHA MARSHALL decd. and represents to the Court that there is no money or claims in his hands to pay of the debts of the same, that there is due to Dr. Wyley about $90.00 and funeral expenses amounting to about $25. Also the Cost of admr. ______at $50 and prays (?) the Court for the Sale of So much of the personal property of Said Estate as will pay the Same. Ordered by the Court that Said prayer be granted and that Said Executor proceed to Sell as the law directs so much of Said property as will Satisfy Claims.

 

Page 26

 

October Term A. D. 1868

 

Estate of R. C. COFFEY, Deceased

 

Now this day Comes S____(SALE or SALATHIAL?) COFFEY admr. of the Estate of R. C. COFFEY dec. and filed his final account and vouchers for final settlement to be acted on at the next Term of this Court. Ordered by the Court that notice be given in due form of law¾to be.

 

Estate of MARTHA MARSHALL Deceased

 

Ordered by the Court that all the Corn, all the Hogs & all the geese returned in the inventory and appraisement of the property of the Estate of MARTHA MARSHALL Deceased be appropriated to the support of the Minor children of Said deceased.

S. Bowlby, J. C. C.

 

 

Page 27

 

November Term A. D. 1868

 

The State of Texas Collin County

County Court Collin County Pertaining to Estates

Met at the Court house in the town of McKinney on the 30th day of November A. D. 1868.

Present Hon. S. Bowlby, County Judge

G. W. Patterson, County Court

 

Now this day Came K. F. ROEMMELE (?) by petition and represents that there are certain moneys due the Minor Heirs of MOROSWSKI to wit AURORA, ELIZABETH, PAULINE & (HENRIETTA?) MOROWSKI and asks the Court for the appointment of Guardian for Said Minor heirs, and it appearing to the Court that the mother of said Minors relinquished her right as the natural guardian of her said children. And it further appeared to the Court that due notice has been Given, and no one appearing in open Curt about to the same. It is ordered by the Court that the said K. F. ROEMMELE be and is here appointed Guardian of the said Minor children To wit AURORA MAROWSKI, LOUISA (ELIZABETH marked out), PAULINE MOROWSKI & HENRIETTA MOROWSKI by his entering into Bond in the Sum of Five (?) hundred Dollars and taking the oath prescribed by law.

 

Estate of L. J. SMITH¾ Minor

 

Now this day came A. J. SCOTT, Guardian of the Estate of C. (L.?) J. SMITH, a minor and filed in this office his annual report of the condition of said minor's estate. Ordered by the court that the said report be and is hereby approved.

 

 

Estate of AMANDA M., SOPHIA H. &. N. H. ROLAND- Minors

 

Now this day Comes J. W. ROLAND, Guardian of AMANDA M., SOPHIA H. & NATHAN H. ROLAND, minors, and represents to the Court that his Said Wards have reached the years of majority and presents to the Court vouchers from Each of said Wards showing that all the money in his hands as said Guardian has been duly paid over to said Wards and prays that the Court may discharge him from further Consideration and duties as Said Guardian. Therefore It is considered by the Court that said Guardianship is duly settled ________report & vouchers Set forth. It is ordered by the Court that Said prayer be Granted and that Said guardianship be and is hereby discharged from further duties as guardian and that Said Guardianship [be dis-] charged when the Costs are paid.

 

 

Page 28

 

Minor Heirs of JAMES E. BRYANT decd.

 

Now this day Came D____? (Dudley?) WADDILL & THEODOSE WADDILL and filed their Bond as the Guardians of the minor Heirs of JAMES E. BRYANT and THEODOSIA E. WADDLE (sic) former wife of the said JAMES E. BRYANT deceased which Said Bond was duly approved by the Court and ordered to [be] placed on Record.

 

Minor Heirs of JAMES E. BRYANT decd.

 

Now this day came D. M. WADDELL and T. E. WADDLE, Guardians of the Estates & persons of the Minor Heirs of JAMES E. BRYANT decd. and presented to the Court their Sale Bill of Certain perishable property of Said Estate. Ordered by the Court that the same be and is hereby approved and ordered to be place on records by the Clerk.

 

Estate of WM. DAVIS, deceased

 

At this day Comes SALLY DAVIS Admr of the Estate of WM. DAVIS deceased by her attorney JOSEPH BLEDSOE and filed in this Court a return of Sale of lands belonging to Said by virtue of an order of the Court heretofore rendered. And in accordance unto the law in Such cases made and _____ed offered for Sale at the door of the Court house in the town of McKinney. Said property after being divided into lots was Sold to divers purchasers, according to the terms and effect of Said order made by the County Court at the pryor (prior) term of this Court.

 

Therefore it is ordered by the Court that said Sale be approved and in all things confirmed and that said SALLY DAVIS administrator as aforesaid Execute and deliver to the several purchasers Good and sufficient deeds to all the right title interest and Estate of the Said WM. DAVIS deceased in and to this Said described tracts of land.

 

Estate LEWIS GRAVES, Insane

 

Now this day comes MILES GRAVES, Guardian of LEWIS GRAVES, non compos mentis, and filed his Report of the Condition of the Said Estate. Ordered by the Court that the same be approved.

 

Page 29

 

Estate of J. M. BOWEN, Deceased

 

At this day Come WM. R. SHORT, a citizen of Collin County and represents to the Court that J. M. BOWEN departed this life in Said County intestate on or about the day of (blank) 1868 possessed of some Estate, that said Estate has not been administrated, that said intestate was owning divers just debts at his decease which still remains unpaid, one of which is a claim in favour of Mrs. Standefer of 60 or 70 dollars, and prays that notice may be given. And that on final Hearing he be appointed Administrator of the said Estate.

 

Thereupon the Court being satisfied that due notice has been given by the Clerk and no person appearing to Contest the same. It is ordered by the Court that said WM. R. SHORT be and is hereby appointed Administrator of the Estate of J. M. BOWEN Deceased by his giving Bond unto Good and Sufficient Sureties and taking the oath of office prescribed by law. And it further ordered that JAMES DUNLAP, WM, MURPHY & G. H. PEGUES are hereby appointed to appraise the property of Said Estate and make inventory of the same.

 

Estate of MARTIN L. MORROW, a Minor

 

Now this day Comes CATHRINE G. MORROW and represents to the Court that her minor Son MARTIN L. MORROW, has moneys and effects due him _____(from?) the State of Tennessee. And that It is necessary that Said minor be represented by a legal Guardian. And prays the Court that she may be permitted to give Bond and take the oath, according to law, as Guardian of her Son.

 

It is therefore ordered by the Court that Said prayer be Granted and that said CATHERINE G. MORROW upon her giving Bond with sufficient Sureties in the Sum of one thousand dollars and taking the oath prescribed by the Statues.

 

Estate of VIRGINIA C. McGREGOR, Non Compos Mentis

 

At this day Come S. McGREGOR, by request of the Court and represents to the Court that VIRGINIA C. McGREGOR, non compos mentis, who is now in the Lunatic asylum at Austin, Texas at the Expense of the State, has property [in] Collin County, Texas under his control to the probable amount of five hundred Dollars, the Said VIRGINIA C. McGREGOR, daughter of the Said S. McGREGOR and prays the Court that he may be Confirmed as guardian of Said VIRGINIA C. Ordered by the Court that Said prayer be granted and that the Said S. McGregor enter into Bond and surety and the oath as prescribed by the statute. It is further ordered by the Court ______(microfilm badly scratched) are appointed to appraise the property of Said Estate.

 

Page 30

 

November Term A. D. 1868

 

Estate of THOS. BRUCE, deceased.

 

Now this day comes JEMIMA FURR (FARR?), admrx. of THOS. BRUCE, dec. and represents that the debts against her intestate have all be settled by arrangement and agreement with the creditors but that the final adjustments of the same is necessarily postponed by the law requiring Sales of real Estate of decedents property to be on 12 months time. She represents that herself and Seven Children are the sole heirs to wit JOHN MITCHEL, MARG ELLENOR and SARAH JANE BRUCE are of lawful age and have sold and released their interest in the real estate of their ancestor THOMAS BRUCE decd. to one LARKIN ADAMSON wherefore petitioners pray that Commissioners be appointed to partition Said 200 acres heretofore Set apart as a homestead so that the portion of Petition may be accurately known, and the portion of the Said Adamson may be accurately defined. She also represents that the Said 200 acres is Community property and that she is entitled to one hundred acres thereof and the seven children one seventh Each of the one hundred remaining acres and She further prays that the portion of the five minor children shall not be partitioned but that their portions shall be allotted all together. Ordered by the Court that said prayed be granted and that ADDISON WILSON, JACOB S. HELMS, JR. & A. T. ROBINSON be appointed Commissioners to make Said Partition.

 

Estate of S. WALL deceased.

 

Now this day Came I. D. NEUSOME (Newsome?) by petition and represents to the Court that the note upon which judgment was rendered by J. W. SMITH, J. P. on the 6th day of April A. D. 1861 against SAMUEL WALL, JOHN PORTER and HARRISON JAMISON in favor of the Said NEUSOME was made, executed and delivered to Said JOHN PORTER by said WALL to secure the payment of a portion of the purchase money for a certain tract of land conveyed by J. (?) PORTER to Said WALL on the 17th day of March 1859. Situated in Collin County, a pat of the headright of J. H. COLLINS and bounded as follows, to wit: Beginning at the north west Corner of J. H. Collin's survey of 640 acres which was his headright Thence south 40 chains & 50 links to a post from which an Elm 4 inches in diameter marked X brs. North 6 1/2 West 80 links Thence north 89 2/3 East 20 chains to a post Thence North 6 chains 68 links to a hackberry 6 inches in diameter marked X brs. West 9 links 40 chains to a post Thence south 89 2/3 West to the place of Beginning which said judgment has been duly authenticated according to law and served by the administrator of SAMUEL WALL deceased and allowed by the county Judge on the 18 day of September 1868 and is….

 

Page 31

 

November Term 1868

 

Still unpaid. And pray that B. J. NAUGLE Admr. of the Estate of Said SAMUEL WALL, Deceased by cited and for an order directing him to sell said land to satisfy this claim. Wherefore the Court after being duly satisfied that the Said Admr. as aforesaid had duly accepted service on said petition and failed to appear in open Court to answer said petition. It is therefore ordered by the Court that said prayer be granted and that the said B. J. NAUGLE Admr. as aforesaid proceed to sell Said land aforementioned at the time and place designated by Law to satisfy said Judgment.

 

Estates of LUKE and NANCY GEORGE, deceased.

 

Now this day Come J. H. GEORGE, by petition and represents to the Court that LUKE and NANCY GEORGE, his father & mother departed this life intestate. And prays the Court that Letters of Administration be granted to him to administrate upon Said Estates.

 

Whereupon the Court after being satisfied that due notice had been Given by the Clerk, and no person appearing to contest the same. It is ordered that the Said J. H. GEORGE is hereby duly appointed administrator of the Estates of Said LUKE and NANCY GEORGE deceased. And that letters of administration be granted to him upon his giving bond in the sum of five thousand Dollars to the Acceptance of the Court. And taking the oath prescribed by the Statute. And that GREEN W. KERR, H. TUCKER & W. H. HORN are appointed appraisers of the property & effects of Said Estates.

 

Estate of MARTHA MARSHALL, Decd.

 

 

Now this day comes JOHN LOVELADY, executor of the last will and testament of MARTHA MARSHALL, decd. and presented a report of the Sale of a portion of the personal property of Said estate. Ordered by the Court that the Same be approved & placed upon Record by the Clerk.

 

Estate of R. C. COFFEY, deceased.

 

Now this day Came SALE (?) COFFEY by petition & report(s) and represents to the Court that there is yet remaining in his hand the sum of One hundred and fifty six & .05 Dollars after paying all demands against the Estate of the Said R. C. Coffey deceased. As well as the Court Charges and his Commissioners for settling said Estate which amount he is ready to pay over to the heirs of the said Estate. To act. balance in his hand shown by report $24____ amount allowed him by Court $75.00, Court fees to final discharge ____Amount allowed by Stggs (?) Claim $8.00, making $92.08 (?) _______

 

Page 32

 

November Term A. D. 1868

 

Balance (sic) due the heirs $156.05. And it further appearing to the Court that MARY COFFEY, the mother of the deceased and MILLY (?) COFFEY, N. J. COFFEY, NEWTON COFFEY, STANDORD COFFEY, ELIZABETH MELFORD, SERENA CAMPBELL, MARY ANN HAYSE (?), AND S. COFFEY, the Brothers and Sisters of Deceased and his duly legal heirs.

It is therefore ordered and decreed that S. COFFEY, administrator pay over to MARY COFFEY $78.02 as her portion of Land Estate and to each of the remaining heirs as enumerated above $9.75/100 as their portion of their Estate respectively. And that said administrator upon presenting said Recpts. in Court as above required he Shall Stand discharged and relieved from the said administration.

 

Estate of JAMES & M. C. HENDRIX, Dec.

 

Now this day Comes D. D. GRAHAM, Administrator of the Estate of JAMES & M. C. HENRIX & presented to the Court his account and vouchers for final Settlement and prays the Court that due notice be given as the law direct for the closing of Said Administration.

Ordered that said Report be accepted and that the Clerk give notice of Said filing.

S. Bowlby, J. C. C.

 

Page 33

 

December Term A. D. 18l68

 

The State of Texas, Collin County ss

 

County Court, Collin County Pertaining to Estates.

Met at the Court house in the town of McKinney on the 28th day of December A. D. 1l868.

Present Hon. S. Bowlby, Co. Judge

G. W. Patterson, Co. Clerk

 

 

Estate of MARTHA MARSHALL Deceased

 

Now this day come JOHN LOVELADY, Executor of the last will and testament of MARTHA MARSHALL, Dec. and filed his report of Sale of Property belonging to Said Estate, ordered by the Court that Said report be approved and place upon Record by the Court.

 

Estate of WM. KEARLY, Deceased

 

Now this day come JOSEPH STANFORD, Administrator of the estate of WM. KEARLY [KERLEY], Deceased and returned into Court a sale Bill of said bill (?) of property belonging to Said Estate. Said Sale bill includes the sale of thirty acres of land. Sold as per prior order of this Court. Said land was sold to D. D. GRAHAM for the sum of fifty two Dollars & fifty cents. Ordered by the Court that Said Sale be in all things confirmed and that said Admr. proceed to make to the said GRAHAM a good and sufficient Deed for Said premises - And that the clerk make record of the same.

 

Estate of JAMES & M. C. HENDRIX Dd.

 

Now this day came on to be heard the final Report of D. D. GRAHAM, admr. of JAMES & M. C. HENDRIX deceased. And it appearing to the Court that all the Debts against Said Estate have been discharged and the Court charges have all been paid and that there is yet remaining in his hand the Sum of $243.88. And 3.50 bushels of corn or supposed to be - The farm of 138 1/2 acres Still kept by the heirs. The Court being satisfied that Due notice has been given. And that all things has (sic) been done in accordance with law. It is therefore ordered by the Court that Said administration be Discharged from the further Administration of said Estate when he presents to this Court a receipt in full from the heirs or their Guardians of Said Estate of their Respective________.

 

Page 34

 

Estate of LEWIS SHRLEY Deceased

 

At this time Come GEORGE WHITE, M. W. ALLEN & M. S.PELLIAM (?), Commissioners appointed by the Court to set off the widow of LEWIS SHIRLEY dec. the home stead from the Estate of said SHIRLEY and makes the following report to wit: Beginning at the S. E. Corner of a Survey of 320 acres in the name of MICHAEL RANSOMERS Thence North 51 chs. 40 links a post at Corner of pasture Thence S 83 1/2 ° W 19 chs. 40 lks. A post Thence South 12 chains a post in field Thence S 83 1/2° W 29 chs 20 lks a post in thicket an Elm 10 in. Dia. Md. X brs. S 56 1/2 W 50 links thence South 33 Chs. 88 lks a post in the South line of said Ransomers Thence East therewith 8 chs 40 lks to the place of beginning containing 200 acres, apart of Said Ransomer's Survey.

 

Ordered by the Court that said Report be accepted and place upon Record by the Clerk.

 

 

Estate of MARY WIRT, a minor

 

Now this day comes A. H. SHIRLEY by petition and represents to the Court that MARY WIRT, a minor, has no parents and [is] without guardians. And that She has some perishable Estate. And prays the Court that he may have Letters of Guardianship for said minor.

Thereupon the Court being Satisfied that due notice has been given. And no person appearing to Contest the same. It is ordered by the Court that the Said A. H. SHIRLEY be and is hereby appointed Guardian of the Person and property of said Minor upon his Given Bond in the sum of 300.00 and take the oath prescribed by law.

 

Estate of LUKE & NANCY GEORGE, Deceased

 

Now this day Same J. GEORGE, Administrator of the estate of LUKE & NANCY GEORGE, deceased and returned into Court an Inventory and appraisement of the property of Said Estate. Ordered by the Court that the same be approved and place on record by Clerk.

 

Page 35

 

December Term A. D. 1868

 

Estate of THOMAS BRUCE Deceased

 

Now this day Comes JEMIMA FARR, Executor of THOMAS BRUCE, Deceased and suggest to the Court that ADDISON WILSON, one of the Commissioners appointed set off to her portion of the homestead &c is dead and asks that an other Commissioner be appointed in his stead. Ordered by the Court that the same be approved and JACOB HELMS, Sr. be appointed as one of said Commissioners.

 

Estate of MARY C., JOHN H. & MINNY M. HERRINGTON, Minors

 

Now this day Comes SILAS HERRINGTON, Guardian of MARY C., JOHN H. AND MINNIE M. HERRINGTON and represents to the Court that there is (sic) some horses and mules in his possession belonging to said wards. And that the interests of said minors required that they should now be sold. And that It would be better to Sell said mules & horses at private sale. Ordered by the Court that said Guardian proceed to sell Said Stock at private Sale to the best advantage and make his report to this Court.

 

 

Estate of W. M. SATTERWHITE, deceased

 

Now this day Comes W. H. ANDREWS, administrator of WM. M. SATTERWHITE deceased and presents to the Court his Sale bill for the real Estate belonging to Said Estate, and reports that at the Court house door in the town of McKinney on the first day of December A. D. 1868 by virtue of an order of said Court passed at the August term thereof. After giving legal notice, Sold upon credit of 2 months, to the highest bidder at public auction. Certain property belonging to the Estate of Said decedent to wit: One hundred half of Lot No. 96 in Block No. 14 in the town of McKinney to G. W. PATTERSON for $75.00. One hundred feet Square lot of land deeded to said SATTERWHITE Deceased by B. J. BOYD on the first day of April A. D. 1l861. Said lot is located a few rods from the north line of the Donation to the town of McKinney -To S. F. BROWN for 50.00 -

 

Ordered by the Court that Sale be in all things confirmed and that said administrator proceed to make deed to said property as the law directs - and that the Clerk place said report on Record.

 

Page 36

 

Estate of LUKE and NANCY GEORGE, Deceased

 

Now this day it is ordered by the Court that one hundred and fifty Dollars be and is hereby set apart for the benefit of the minor heirs of Said Estate.

 

Page 37

 

January Term A. D. 1869

 

County Court Collin County Pertaining to Estates

 

Met at the Court house in the town of McKinney on the 25th day of January A. D. 1869. Present:

S. Bowlby, County Judge

G. W. Patterson, County Clerk

 

Estate of VIRGINIA C. McGREGOR Lunatic

 

Now this day Comes SPOTSWOOD McGREGOR, Guardian of the Estate of VIRGINIA McGREGOR non compos mentis and filed in this Court his amended inventory and appraisement of said Estate. Ordered by the Court that Same be approved and place on record by the Clerk.

 

 

Estate of WILLIAM WARDEN, Deceased

 

One this day Came F. M. WARDEN, admr. of the Estate of WILLIAM WARDEN deceased and filed his inventory and appraisement of the property and Effects of Said Estate duly Sworn to by two of the appraisers appointed by the Court. Ordered by the Court that the same be and is hereby approved and that the Clerk record the same.

 

 

Estate of WILLIAM KEARLEY, Deceased

 

At this day Came JOSEPH STANFORD, Admr. of the Estate of WILLIAM KIRLEY (KERLEY) and filed his final Report of the Condition of Said Estate. And praying the Court that he may be discharged from Said administration.

 

Said Report Show that the whole amount passing into his hands as administrator aforesaid has

$102.50

Disbursements made 77.80

Amount yet remaining in his hands $ 24.70

Whereupon the Court being well satisfied with the statement made in said final account and also that due notice had been given in the McKinney Messenger, a newspaper published in Collin County, do order and decree that said Succession be closed and that Said Administrator be discharged from said Administration and that he pay the amount yet in his hands to the heirs of said Estate, and filing their recpts. in this office.

 

Page 38

 

January Term A. D. 1869

 

Estate of THOMAS BRUCE Deceased

 

Ordered by the Court that the Commissioners appointed by the Court at the Nov. Term of this Court have to Set apart the widow's interest in her homestead have the further time of one month to make report.

 

Estate of J. D. NELSON deceased

 

At this Term of the Court Comes A. H. NEATHER, admr. of J. D. NELSON, dec., and filed his final report and asks to be discharged from Said Succession. At the Same time makes suggestion to the Court that a small tract of land 75 acres had been discovered as belonging to Said Estate. There it is considered by the Court that JOSEPH (?) STANFORD, DANIEL W. WILCOXSON & J. P. HUSTON be and are hereby appointed to appraise said 75 acre tract of land and to make return to the net term of this Court. And that the petition of said Administration be continued.

 

Estate of T. B. MORGAN Deceased

 

At this day Comes S. B. DICKESON administrator of T. B. MORGAN deceased and represent to the Court that there is not sufficiency of funds belonging to the Estate of his decedent to pay off the allowance decreed the widow and children by this Court and exempted to them under the laws of the State he therefore prays that he have an order of Your Honor's Court authorizing him to Sell for Cash the following property to raise the same to wit: An undivided interest in two thousand two hundred two 1/2 acres of land Situated in Van Zandt County, being the headright Survey of JAMES BOSLEY. One three fifth interest in Store house & lot in McKinney. Know in town map as Black No. 3 Lot - being on the South Corner of the West Row lot building on the town Square and one show case.

 

Ordered by the Court that the Same be approved and that sale is ordered to be made as the law directs.

 

Page 39

 

Estate of DELILA EPPS & O. EPPS, her surviving husband

 

Now this day Came O. EPPS Surviving husband of DELILA EPPS and filed his inventory & appraisement of the property & effects of himself & Deceased wife, it being Community property. Ordered by the Court that the same be approved and that the Clerk be ordered to record the Same.

 

Community Estate of EBER COMPTON & his surviving wife

 

Now this day Comes ANGLEA COMPTON, Surviving wife of EBER COMPTON deceased and filed her petition praying the Court that appraisers may be appointed to make inventory and appraisement of the Community property of herself & deceased husband. And that she may be returned to the Control of said Estate. Ordered by the Court that JAMES SNIDER, JOHN McKINNEY and R. S. SNEAD be and are hereby appointed Said appraisers.

 

Estate of A. B. GOUGH Deceased

 

Now this day Comes Mrs. A. B. GOUGH, Executrix of the Last will and testament of A. B. GOUGH and represents to the Court that her husband, ALEXANDER B. GOUGH decd. leaving a will and appointing her sole Executrix of Said will and prays the Court that Said will may be admitted to Probate after due notice has been given. And it appearing to the Court that due notice has been given by the Clerk - and it also appearing to the Court that C. R. BREEDLOVE, one of the subscribing witnesses to the will has removed without the jurisdiction of the County and that R. M. PARRISH, another Subscribing witness to Said Will is now dead - Therefore Come JAMES H. LOVEJOY & J. O. STRAUGHAM and made solemn oath that they are well acquitted with the hand writing of the said R. M. PARRISH - and that the signature of the Said PARRISH as attached to Said Will is the hand writing of the Said R. M. PARRISH as they verily Believe. Thereupon it is ordered By the Court that said will be admitted to Probate and the Said Surviving wife (now Mrs. A. B. MOORE) be confirmed as said Executrix and that HOGAN WITT, SAMUEL YOUNG, WM. N. BUSH be appointed appraisers of Said estate and that the Clerk be authorized to Record the Same.

 

Page 40

 

January Term A. D. 1869

 

Estate of SAMUEL BOART, deceased

 

Now this Day Comes JOHN NELSON, Admr. of the Estate of SAMUEL BOGART deceased and filed his annual Report of the Condition of Said Estate. Ordered by the Court that Said Report be approved.

 

Estate of WILLIAM WARDEN, Decd.

 

Now this day Come F. M. WARDEN Admr. of WM. WARDEN deceased and prays the Court for an order to Sell the personal property of said Estate. Ordered by the Court that Said petition be granted.

 

Estate of JOHN & MESH MORROW, Minors

 

Now this day Comes D. W. WILCOXSON by petition and represents to the Court that there is money Due the Estate of JOHN & MESH MORROW, Minor heirs of MESH MORROW Deceased - in the State of Tennessee and that they have no guardian and prays the Court that he may be appointed Guardian of Said minor children. Therefore the Court being duly advised by the Clerk that notice had been given according to law and no person appearing to contest the Same, It is ordered by the Court that the said D. W. WILCOXSON be and is hereby appointed Guardian of the Estate of the Said JOHN & MESH MORROW - and that he qualify as the law directs.

 

Estate of GEO. FITZHUGH, Deceased

 

Now this day Comes G. H. FITZHUGH, Executor of the last will & Testament of GEORGE FITZHUGH Deceased and Represents to the Court that GEORGE FITZHUGH departed this life on or about the 13th day of March 1867 (?) appointing the Petitioner Executor of his last will and testament and prays that notice of his appointment be given as the law Directs and that Said will be admitted to probate. Thereupon BUFORD HENRY, one of the subscribing witnesses appeared in Open Court and made oath in due form of law that he saw the said GEORGE FITZHUGH

 

Page 41

 

…Sign said will and that himself and ALEXANDER BERRY Signed the same in the presence and at the request of the Said decedent. Thereupon the Court after being duly informed by the Clerk that Due notice had been Given and no person appearing to Contest the same. It is ordered and Decreed by the Court that Said prayer be granted and that said will be admitted to probate and the Clerk be ordered to record the Same.

 

Estate of WM. DUNCAN, Decd.

 

Now this day Came J. D. NAYLER by petition and represents to the Court that ___ DUNCAN late administratrix of the Estate of WILLIAM DUNCAN Deceased was Discharged from said Administration without fully administrating the effects of Said Estate that there still remains debts against Said Estate unpaid and ask that legal notice be given and that letters of Administration de bonis now be issued him in said Estate. Whereupon the Court being informed by the Clerk that legal notice has been given and no one appearing to Contest the same - It is ordered and decreed that the said JAMES NAYLOR be and is hereby appointed Administrator de Bonis non of said Estate and that he R. A. NAYLOR, C. E. JONES, D. M. KINS to apprise the property and effects of said Estate.

 

Estate of VIRGINIA C. McGREGOR, Decd.

 

Now this day Came S. McGregor, Guardian of the Estate of VIRGINIA McGREGOR non compos mentis and files his Statement of the personal Effects in his house belonging to Said Estate. Also his charge against the Said Estate for taking her to the Lunatic Assylum (asylum). Leaving Guardian indebted to Said Estate in the sum of thirty one Dollars & fifteen Cents.

Ordered by the Court that Said statement & report be accepted and approved and that the Clerk make Record of the same in the Records of the Estate.

 

Page 42

 

Estate of SAML. BOGART, deceased

Application to sell Land

 

This day Came on to be heard the application of JOHN NELSON, administrator De Bonis non of the Estate of SAMUEL BOAGRT Decd. to sell 133 1/2 acres of Land lying in Denton County, Texas, Headright of A. E. NORWOOD for the payment of valid debts against Said Estate and the Court being Satisfied that there is a necessity for such Sale as prayed for. It is therefore ordered and Decreed by the Court that the Said JOHN NELSON, admr. aforesaid after giving due notice according to law Shall Sell the said 133 1/2 acres of land Situated in Denton County, Texas Headright of A. E. NORWOOD and on the waters of little Elm the property of Said Estate on a Credit of 12 months to the highest Bidder at Public Auction before the Door of the Court house at McKinney in Collin County and within the legal hours if Sale, the purchaser Giving his note with approved personal Security and also executing a mortgage on the land purchased by him to the said Admr. to Secure the payment of the said purchase money. And it is further ordered that when Said Administrator De Bonis non makes Said Sale that he make report of the same to this Court as required by law.

 

Estate of WILLIAM DAVIS, decd.

 

Now this day Comes SALLY DAVIS Administratrix of WM. DAVIS Deceased and represents to the Court that the minor children of the Said WM. DAVIS Deceased three in number are without the means of support, and that they are destitute of the ordinary necessities of life. Such as clothing and food and that she has no personal property out of which the means could be raised for their Support. That all the real Estate outside of the homestead has been Sold to satisfy a judgment lien of J. W. THOCKMORTON and the Cost of administration, that said children can not be reared or educated without Some of homestead should be sold and further that the Sale heretofore made was not sufficient for this purpose for after paying the expenses of surveying Said Homestead in part and the Taxes which were due amounted to $23.76. There was but little left with which she was supported said child up to the present time. That the oldest is girl and younger of Tender years not able to make a living by labor and pray the Court that a certain portion of the homestead be sold…

 

Page 43

 

…as set forth in Said petition and further Suggest that said be divided in lots for one half cash and the other half in a credit of 12 months. Therefore it is ordered by the Court that Said Prayer be granted and that Said lands as set forth in Said Petition be so divided in lot as may be though[t] best to enhance their sale and sold on the first Tuesday in march 1869. One half of the purchase money to be paid in Cash, the other half to be secured by mortgage on a credit of 12 months.

 

 

Mrs. LUCRETIA JAMES. Non Compos Mentis

 

At this day information in writing being given to the County Judge of said County that LUCRETIA JAMES is of unsound mind whereupon the Court Caused twelve good and lawful men to be summoned as jurors to be and appear before him instante (?) to inquire into the Soundness of he mind of Said LUCRETIA JAMES and the jury being duly empanelled and Sworn and the said LUCRETIA JAMES being brought into Court and the jury after hearing the testimony touching the soundness of Mind of the Said LUCRETIA JAMES - Brought into Court the following verdict "WE the Jury Sum. For the purpose of Enquiring into the Sanity of MRS. JAMES believe from the Evidence adduced that She is non compos mentis. G. A. Foote foreman

Therefore it is ordered and decreed by the Court that that the said LUCRETIA JAMES be and is hereby declared non Compos mentis and unable to manage her own affairs.

And it is further ordered and decreed by the Court that whereas Information has bee given to the Court that the said LUCRETIA JAMES is in possession of some property, requiring that a guardian Should be appointed for said Lucretia, that be and is hereby appointed said guardian and further that said guardian is hereby authorized to take Charge of the Person and Estate of Said LUCRETIA JAMES and make due return of the same at the next term of this Court and that be and are hereby appointed appraisers of said Estate.

 

S. Bowlby, J. C. C.

 

Page 44

 

February Term A. D. 1869

 

County Court Collin County Pertaining to Estates

 

Met at the Court house in the town of McKinney on the 22d day of February A. D. 1869 Present

S. Bowlby Co. Judge

G. W. Patterson Clerk

 

 

Estate of MARTHA PORTMAN Deceased

 

Now this day Came WM. A. PORTMAN ___ represented to the Court by petition that MARTHA PORTMAN departed this life without leaving a will and there is some property belonging to Said Estate - and prays the Court that he may be appointed Administrator of her Estate. Whereupon the Court being Satisfied that due notice has been given and no person appearing to contest the same. It is ordered by the Court that WM. A. PORTMAN be and is hereby appointed administrator of said estate upon his given Bond & security in the sum of two hundred and that E. P. ___________ & & J. T. EAKLE, C. WYSONG be and are hereby appointed to appraise the property of Said Estate.

 

 

Estate of JOHN McCLENNEHAN

 

This day Came W. R. McCLENNAHAN admr. of JOHN McCLENNHAN deceased and presented to the Court a Sale Bill of One Waggon (sic) for the sum of $67.00. Ordered by the Court that said Report be accepted and the Same placed upon record by the Clerk.

 

Estate of THOMAS BRUCE Deceased.

 

This day Came the Commissioners appointed by the Court to partition and set apart to the widow of THOMAS FARR decd. her portion of the homestead of Said Estate and also to the heirs of Said THOMAS BRUCE Deceased and made their report of their proceedings hereon. Ordered by the Court that Report be approved and that the Clerk place the Same upon the Records of Estates.

S. Bowlby, J. C. C.

 

Page 45

 

March Term A. D. 1869

 

County Court Collin County Pertaining to Estates

 

Met at the Court house in the town of McKinney on the 29th day of March A. D. 18l69. Present

S. Bowlby Co. Judge

G. W. Patterson Clerk

 


Estate of WILLIAM DUNCAN Deceased

 

Now this day comes JAMES D. NAYLOR Admr. of the Estate of WM. DUNCAN Deceased and filed in this Court an inventory and appraisement of the _________ Estate. Ordered by the Court that Said Inventory be approved and placed upon record by the Court.

 

Estate of HENRY MARTIN, Decd.

 

Now this day Came ROBERT H. MARTIN Executor of the last will and testament of HENRY MARTIN departed this life sometime in February last leaving him the Said R. H. MARTIN Executor of his last will and testament. Whereupon the Said R. H. MARTIN produced in Open Court the said Will as (sic) asked that it be admitted to probate. Thereupon Came J. D. NEWSOME one of the subscribing witness to said will into Open Court and made oath in due form of law that he saw the Said HENRY MARTIN Sign he same and that himself and JOSIAH NICHOLS Signed the Same as witnesses at the request and in the presence of the said decedent. Whereupon the Court after be[ing] informed by the Clerk that Due Notice has been given -and no person appearing to Contest the same. It is therefore ordered and decreed by the Court that Said prayer be granted and that Said will be admitted to probate and that the Clerk be ordered to record the Same and it is further ordered that T. M. SCOTT, WM. M. BAGLEY & A. L. SHIRLEY be and are hereby appointed appraisers of Said Estate.

 

Estate of the Minor heirs of ELIZA JANE BRITTEN

 

Now this day Came JOSEPH BRITTEN by petition and also in person and prays the Court for the appointment of Guardian of the Persons & Estates of SUSAN MARGARET, ELIZABETH ANN, RICHARD CHRISTOPHER and JOSEPHINE BRITTEN, minor children of ELIZA JAN BRITTEN deceased and petitioner - Thereupon It is ordered by the Court that said prayer to granted and that Said JOSEPH BRITTEN be and is hereby appointed Guardian…

 

Page 46

 

Of the persons & Estates of the Said Minor children to wit: SUSAN MARGARET, ELIZABETH ANN, RICHARD CHRISTOPHER and JOSEPHINE BRITTEN upon his giving Bond with good & lawful Security in the sum of one thousand Dollars & taking the oath prescribed by law.

 

Estate of JAMES BATTERTON & ELIZA ANN BRITTEN, dec.

 

Now this day Came JOSEPH BRITTEN by petition and also in person And represents to the Court that he has four living children who are minors. Said Minors are also the children of his deceased wife ELIZA ANN BRITTEN who was formerly the wife of JOHN BATTERTON deceased. Petitioner also represents that besides his children above mentioned - his wife had two children by her first marriage with the said BATTERTON vis JAMES & JONAS BATTERTON. That the Said JAMES & JONAS by a Decree of the Hon. District Court had vested in them 320 acres of their father's headright. And 320 acres of the said Headright by the same Decree was vested in the said ELIZA JAN BRITTEN. And that after the decree of the Dist. Court aforesaid petitioner and his Said wife Sold 240 acres of the land decreed to his said wife. That since then she has departed this leaving 89 acres of her separate property undisposed (sic) of. Petitioner further States that the said JAMES BATTERTON died without leaving any issue & unmarried and that the Children of Petitioner (minors aforesaid) are the half Brothers & Sisters of said Deceased and JONAS BATTERTON his full Brother are the heirs at law of their Said deceased mother ELIZA JANE BRITTEN and the heirs of Said deceased JAMES BATTERTON and pays that JONAS BATTERTON be c____ and Commissioners be appointed and that a division of the Said 80 acres belonging to the Estate of deceased wife and also a divisions of the undivided interest in the 320 acres of land set apart to JAMES & JONAS BATTERTON be had as the law provides in such cases.

Whereupon on mature deliberation of the Court & the information of the Clerk that the Said JONAS BATTERTON had been duly cited to appear and the said JONAS being the present and making no objection then to. It is ordered and decreed by the Court that said prayer be granted and that W. K. GARRETT, ROBERT WATTS, A. T. ROBERTS, JOB PHILLIPS and ARCHABALD (sic) WHITE Commissioners to Divide Said 320 acres of land decreed to James & Jonas Batterton by decree of the Hon. District Court of Collin County between the Said JONAS BATTERTON, decd. and the Representations of JAMES BATTERTON Decd. Dividing the Same…

 

Page 47

 

March Term A. D. 1869

 

Equally in two parts, one part of which is to be Set aside to JONAS (JONES?) BATTERTON and the remaining 160 acres is to be divided So that JONES BATTERTON have one share, and SUSAN MARGARET, ELIZABETH ANN, RICHARD CHIRSTOPHER and JOSEPH BRITTEN ____ one half Share Each of said 160 acres. Also that said Commissioners divide the 80 acres the separate property of the said ELIZA ANN BRITTEN deceased Equally between JONES BATTERTON and the four minor children above named So that Each shall have Share & share alike of said land.

 

Estate of LEWIS SHIRLEY Deceased

 

At this day Comes ALEX BERRY Admr. of the Estate of LEWIS SHIRLEY Deceased and filed in Open Court his Annual Report of the Condition of said Estate. Ordered by the Court that the same be and is hereby approved.

 

Estate of ELI W. WITT, Decd.

 

Now this day Came J. K. H. PACE Admr of the Estate of ELI W. WITT and represents to the Court that a certain horse Belonging to the Estate aforesaid had estrayed And could not be found at the time of making the sale of said Estate that said horse has since been recovered and prays the Court for an order to sell said horse in the manner prescribed by law. Ordered by the Court that Said prayer be granted and that Said Admr. be authorized to sell the same on a credit of 3 months.

 

 

Community Estate of P. D. COLE & his deceased wife MARHA (sic) R. COLE.

 

Now this day Comes P. D. COLE Surviving husband of MARTHA R. COLE Deceased and represents to the Court that his wife departed this in this County and as far as he knows or believes decedent died without having any will. And that She and the said petitioner owned and possessed a community Estate of Real & personal property Situated in said County. And pray that appraisers may be appointed and that he may file an inventory &c. ordered by the Court that said prayer be granted and that J. B. FRANKLIN, LEWIS (?) ROBINSON & ____ BARKER Be and is hereby appointed Said appraisers-

 

 

Page 48

 

March Term A. D. 1869

 

Estate of H. H. GOSSEN

 

Now this day came C. T. MANN admr of H. H. GOSSEN deceased and filed in open Court his Annual Report of the Condition of his said Estate. Ordered by the Court that the same be approved.

 

 

Estate of WM. H. DUNKIN (DUNCAN) Deceased

 

At this day comes JAMES D. NAYLOR Administrator De Bonis non of the Estate of H. H. DUNKIN (DUNCAN) Decd and represents to the Court that there are Certain Claims Against Said Estate and that there is no means in his hands to pay said Claims & costs of this administration and prays the Court for an order to Sell all the property and Effects belonging to said Estate. Ordered by the Court that the Said Admr. proceed to sell all the property and Effects belonging to said Estate and make due return of the same to this court.

 

Estate of A. B. GOUGH, Deceased

 

Now this day Come E. J. MOOR Executrix of the Estate of A. B. GOUGH deceased and filed in Open Court her Inventory and appraisement of the property of Said Estate. Ordered by the Court that the Same be approved and places upon Record by the Clerk.

 

Estate of WILLIS FOX (FREED BOY) Minor

 

Now this day personally appeared A. L. DARNELL and represents to the Court that WILLIS FOX (FREED BOY) has no father known and that his mother is Dead, that he has no means of support and asks the Court that he the said WILLIS be intentured (indentured) to him. Whereupon _______ entered into the following indenture to out (?) State if Texas County of Collin II March Term A. D. 1869. It appearing to the Court that Willis Fox (Colored) is an orphan nine years of age residing in said County owning or possessing no Estate or means of support and that the said WILLIS FOX (Col.) has no know or lawful Father and the Mother of Said Willis Fox (Col.) is dead. Therefore I, Sylvester Bowlby, Judge of County Court…

 

 

Page 49

 

…Collin County do hereby bind the said Orphan WILLIS FOX Colored to A. L. DARNELL of said County with him to live and work, untill (until) he shall arrive at the age of Twenty one years during which time the said Willis Fox Shal[l] obey the lawful demands and faithfully serve the said A. L. DARNELL and protect and preserve the goods and property of the said Darnell and not allow any of the same to be wasted (?) or injured and in all things Shall faithfully and honestly deport and demean himself and the Said A. L. DARNELL on his part covenants and binds himself that he will furnish and provide Said WILLIS FOX (Col.) with suitable and sufficient food and raiment and medical attendance during the continuation (?) of said term and cause him to be instructed in the Elements of an English Education, sufficient to (?) the ordinary business of life, and to treat him with humanity and on his arriving at the age of twenty one (21) years he will give him a good suit of clothes, one horse, saddle & Bridle. In witness of which we have hereunto set our hands this March Term 1869 – S. Bowlby J. C. C. A. L. Darnell

 

 

Estate of W. B. GRAYHAM Decd.

 

Now this day Came on to be heard the application of BUFORD HENRY to be appointed Administration of the Estate of W. B. GRAYHAM Decd. And thereupon came (blank) GRAYHAM one of the Sons of the said W. B. GRAYHAM deceased and applied for Letters of Administration under claim of nearest of Kin and the said BUFORD HENRY thereupon relinquished his claim for such administration to the said GRAYHAM and the Court being duly advised that due notice has been given. It is therefore ordered and Decreed by the Court that Said (blank) GRAYHAM, Son of said W. B. GRAYHAM be and is hereby appointed administrator of the Estate of W. B. GRAYHAM decd on his giving Bond in the Sum of (blank) and taking the oath prescribed by law and that (blank) be and is hereby appointed [administrator?] of said Estate.

 

Estate of SARAH C. PHILLIPS, COLUMBUS PHILLIPS & JULIAN PHILLIPS, Minors

 

And now this day Came HARRY SHIELDS guardian of the Persons and Estates of SARAH C. PHILLLIPS, COLUMBUS PHILLIPS and JULIAN PHILLIPS, Minors and Entered into new Bond and Sureties for his faithful performances of such Guardianship.

 

Page 50

 

March Term A. D. 1869

 

Estate of WILLIAM DAVIS Decd.

 

Now this day came SALLY DAVIS Admrx of WM. DAVIS decd. by his attorney JOSEPH BLEDSOE and presented in open Court a Bill of Sale of a part of the homestead of the said Estate of WM. DAVIS Decd. to wit: 54 acres out of WM. DAVIS Headright. Said land was Sold in lots 13, 23, 10 & 8 acres, the lot of 13 acres begins at the N E Corner of a tract sold to D. Stiff Thence South 12 chs. & 72 links to Stiff’s S E Corner Thence East 10 chains Thence North to a branch in which Shirly’s Mill is situated Thence up said branch to the beginning. The 23 acre tract begins at the S E Corner of said 13 acre tract Thence East about 15 chains Thence North to the above named branch Thence up said Branch to the N E Corner of said lot of Land Centany (?) 13 acres Thence South to the Beginning. The tract of 10 acres begins at the S E Corner of said 23 acre tract Thence East 10 chains Thence North and West to the East Boundary line of said 23 acre tract and south to the beginning so as to include 10 acres. The Said 8 acre tract is situated immediately North of the last mentioned tract. Said admrx further states that said lots was (sic) sold at the Door of the Court house door (sic) in the Town of McKinney on the first Tuesday in March 1869 after being duly advertised as the law directs. Said lots was (sic) sold to A. G. & J. R. CUMMINS for the following prices to wit:

The 13 acre lot for $180.00, the 23 acre lot for 350, 10 acre tract for $101.00, 8 acre lot for $55.00.

It is therefore ordered and decreed by the Court that said Sale be and is hereby in all things confirmed and that the Said Administratrix be and is hereby ordered to make to the purchasers good and sufficient deed for the above described lots of land.

 

Estate of JOHN D. NELSON, Decd.

 

Now this day Came A. H. NEATHERY Administrator of JOHN N. NELSON Decd. and returned inventory & appraisement of 75 acres of land lately discovered to be the property of said Estate which 75 acres of Land was appraised to the Sum of $2.00 per acre. Ordered by the Court that Said appraisement be approved and recorded by the Clerk.

 

Page 51

 

March Term A. D. 1869

 

Final Settlement of the Estate of JOHN D. NELSON

 

Now this day comes A. H. NEATHERY Admr. of the Estate of JOHN D. NELSON Deceased and presented to the Court his final account and vouchers for the settlement of Said Estate and it appearing to the Court that all the indebtness of said Estate has been paid including Court Charges, leaving the Estate indebted to Said Administrator in the Sum of $28.15c and it appearing to the Court an Inventory and Appraisement Returned at this term of this court that there is yet 75 acres of Land out of the Headright survey of Susan Walker undisposed of which remains for the use of the heirs of said Estate, and the Court being satisfied that due notice has been given and no person appearing to Contest the same, It is Ordered and decreed by the Court that A. H. NEATHERY be and is hereby discharged from further consideration of this Administration and that this succession be closed.

 

Estate of D. M. CRUTCHFIELD Dec.

 

Now this day came S. Bowlby and filed his account for Final Settlement to [be] acted upon at the next term of This Court.

 

Estate of JOHN MARSHALL Decd.

 

Now this day Comes WM. P. MARSHALL Admr. of the Estate of JOHN MARSHALL Decd. That his estate have been administrated except the collection of 3 notes, that all the debts have been paid against Said Estate and that there is certain property Yet in his hand to wit 214 acres land on Cotton_____ Creek in Collin County part of F. C. WILMETH’S Headright.

100 acres land adjoining the above, part of H. WETSEL’S headright

160 acres land in the fork of Wilson’s Creek & East Fork, part of CALVIN BOWL’S Headright, 2 pony mares, 2 year old colts, 1 sucking colt, 4 milk cows & one wagon. Also 3 notes bearing interest after the 14th day of Feb. 1869, amounting in the aggregate to $81.75. And prays the Court that Commissioners be appointed to make final Division of the aforesaid property, ordering the respective heirs of Said Estate according to the legal claims of Said heirs, and that Guardian Pardente (?) lite (?) be appointed to represent the interest of the minor heirs who have no guardian, to wit: JOHN MARSHALL, JR., ELIZA J. MARSHALL & BERRY P. MARSHALL.

 

 

Page 52

 

March Term A. D. 1869

 

It is therefore ordered by the Court that J. W. FRANKLIN, M. J. (?) BAYSE, H. FINLEY, JOSEPH STIMPSON & HOGAN WITT be and are hereby appointed Commissioners to set _______ and that JACOB BACCUS be and is hereby appointed Guardian pendant elite to represent the Estate of Said Guardian (sic).

 

Estate of NANCY B. PITMAN Minor

 

Now this day Came W. B. PITMAN guardian of the Person and Estate of NANCY B. PITMAN a minor and filed in the Court he annual Report of the Condition of his said Ward’s Estate. Ordered by the Court that Said Report be and is hereby approved.

 

Estate of HENRY MARTIN, Dec.

 

Now this day came R. H. MARTIN Executor of the last will and testament of HENRY MARTIN Dec. and filed his inventory of the property of said Estate. Ordered by the Court that Said Inventory be and is hereby approved.

S. Bowlby, J. C. C.

 

Page 53

 

Probate Court April Term 1869

 

Collin County Texas

Met Persuant (pursuant) to law at the Court house in the town of McKinney on the 26th day of April A. D. 1869.

Present S. Bowlby Court Judge

G. W. Patterson Co. Clerk

 

Estate of JOHN TATE Deceased

 

Now this day came CYNTHIA TATE Executrix of the last will and testament of JOHN TATE departed this life on or about the 1st day of Dec. 1868 in Collin County. That before his said decease he made a last will and testament disposing of his property consisting of Real Estate & personal property, and that she is named in said will as sole executrix thereof. And asks that she be allowed to Probate the same according to law and that letters of Executorship issue to her. Thereupon GEORGE H. FOWLER one of the subscribing witnesses to said will appeared in open Court and made the necessary oath prescribed by law, that he saw the said JOHN TATE Sign the same and heard him acknowledge that Said will contained his last will and testament and called on him & T. E. Montgomery to sign the same as witnesses.

And it appearing to the Court that due notice has been given by the Clerk and no one appearing to Contest that Said Will be admitted to Probate and that said will be recorded by the Clerk of this Court, and that WILLIAM BROWNING (?), B. W. HAMPTON & J. H. NORWOOD be and is duly appointed appraisers of said Estate to appraise all the property both real & personal.

 

Community Property of GEO. WARE Deceased and his wife ELSA WARE.

 

Now this day comes ELSA WARE Surviving wife of GEO. WARE late of Collin County deceased and represents to the Court that her husband GEORGE WARE Died without leaving a will she knows and that he left some Community Estate. And prays the Court that She may have permission to file an inventory and appraisement of said Community Estate and that appraisers may be appointed. Ordered by the Court that Said prayer be granted and that B. L. ROGERS, JOHN HOW[E] & WILLIAM SHERWOOD be and are hereby appointed appraisers of Said Estate.

 

Page 54

 

April Term 1869

 

Estate of PETER E. PULLIAM Deceased

 

Now this day Came DAVID E. LOUDON by petion (petition) and also in person and represents to the Court that PETER E. PULLIAM departed this life on the (blank) day of A. D. 1867 in the state of Missouri, Boon[e] County intestate leaving a large Estate in land and some debts due him in the County of Collin & State of Texas. And that one JOHN S. MOODY has been regularly appointed administrator of said Estate in the State of Missouri as will appear from the Transcript Accompaning (accompanying) this petition and pray the Court that he may be appointed Administrator on the Estate of said Pulliam.

Ordered by the Court that Said Prayer be granted and the Said LOUDON be and is hereby appointed administrator of Said Estate that he may Enter upon the duties of Said Estate upon Given Bond and approved Security in the Sum of (blank) Dollars and take the oath prescribed by Law. And that GEO. WHITE, A. T. DARNELL & D. M. (?) HOCKER be and are hereby appointed appraisers of Said Estate.

 

Estate of JOHN MARSHALL Decd. Partition

 

Now this day Came M. J. BAYSE, J. W. FRANKLIN & H. A FINLEY Commissioners appointed by this Court at a prior Term and made their Report to the Court of the Division and partition of Said Estate to wit: to W. P. MARHALL, P. G. MARSHALL & F. MARSHALL 114 acres of land on the east End of Said 214 acre home tract of Land valued at $1019, 64 acres of land out of N W Corner of CALVIN BOWLS Survey valued at $128, also a claim against P. G. MARSHALL for $57 making in all $11.98. And to JOHN MARSHALL, ELZA J. MARSHALL, BENJ. P. MARSHALL 100 acres of land on the west End of the 214 acre home survey including the Residence on the same, value at $10.70, 64 acres out of the S W Corner of CALVIN BOWL’S Survey valued at $128 making in all $11.70. We give to A. J. MARSHALL 1 wagon $75, one brown Mare and sorrel horse $100, Claim against J. B. THOMAS $30, one on L. M. MILLAN (?) 41 25/100 , 1 on A. J. Marshal $10 50/100, 1 on F. M. MARSHAL $88, 4 Cows and Calves $55 making in all $399 75/100 and to Chuschay (?) Marshall 32 acres of land out of East of CALVIN BOWL’S Survey…

 

Page 55

 

…valued at $64 and one Bay mare valued at $120.50/100. One cow & yearling calf valued at $ (?), making in all $199.82.

Ordered by the court that the above Report of Petition be and is hereby approved and that the Clerk be ordered to record the Same.

 

Estate of Minor Heirs of N. G. BUSH decd.

 

Now on the day Comes W. M. BUSH Guardian of the Minor heirs of N. G. BUSH decd ad file his annual report on the condition of his several wards Estates. Ordered by the Court that the said Report be and is hereby approved.

 

Estate of F. A. ELKIN Minor

 

Now this day Comes W. T. ELKIN Guardian of F. A. ELKIN a minor and made his annual Report on the Condition of his Said Ward’s Estate. Ordered by the Court that said Report be approved.

 

Estate of E. F. ELKIN a minor

 

Now this Day Comes W. F. ELKIN guardian of the Estate of E. F. ELKINS and represents to the Court by final account that his Said ward has become of age, and presents a settlement in full with the Said ward, and that said E. F. ELKIN now of lawful age being also present and assenting to the settlement in all things and the said Guardian having paid the Court Charges, It is ordered by the Court that Said Settlement be in all things confirmed and that the said W. F. ELKINS be and is hereby discharged (?) from Said Guardianship.

 

Estate of MANLY BECK Deceased

 

This day came VOLTAIN ROUNDTREE Executor of the last week and testament of MANLY BECK deceased and filed his statement under oath that there is other property to wit 80 acres of land in CALVIN BOWLS Survey which has not been returned as portions of Said Estate. Ordered by the Court JAMES SNIDER, W. KIRBY and AARON SNIYDER be and is hereby appointed appraisers to appraise said property and make a return inventory of the same to this Court.

 

Page 56

 

Estate of R. C. WHISENANT decd.

 

Now this day Comes HUGH WHISENANT administrator of the Estate of R. C. WHISENANT deceased and filed his Annual Report of the Condition of said Estate. Ordered by the Court that said Report be approved.

 

Estate of DANIEL PRIGMORE deceased

 

Now this day Came THEODORE PRIGMORE executor of the last will and testament of DANIEL PRIGMORE deceased and represents to the Court by petition that DANIEL PRIGMORE departed this life on (blank) day of April 1869 in Collin County. That before his death he made a last will and testament disposing of his property consisting of Real and personal Estate and that he is named in said Will as Executor thereof and asks that he may be allowed to probate the same and that letters of executorship may be granted to him.

 

Therefore came JOHN B. KERR one of the subscribing witness to the will and made oath in due form of law in open Court that he saw the Said DANIEL PRIGMORE Sign said will and heard him acknowledge that it contained his last will and testament and that himself and JEREMIAH MARTIN and JEFFERSON ROBERTSON Signed the same as witnesses to Said will at the request of the said DANIEL PRIGMORE. Therefore it appearing to the Court that due notice has been given by the Clerk and no one appearing to Contest the same – It is ordered and decreed by the Court that Said last will and testament be admitted to probate and that the Said THEODORE PRIGMORE be confirmed as Executor named in Said last will and testament upon his entering into Bond with Sureties in the Sum of one thousand dollars and taking the oath prescribed by the Statute and that J. T. COLEMAN, M. A. ASHLOCK & J. MARTIN be and are hereby appointed appraisers in Said Estate.

 

Estate of G. W. LOVEJOY, Dec.

 

Now on this day come GEO. WHITE & H. W. HARRIS two of the appraisers appointed to make inventory and appraisement of the Estate of G. W. LOVEJOY decd and present the same in open Court. Ordered by the Court that the same be approved and place upon Record by the Clerk.

 

Page 57

 

Estate of ISABELLA R. LEADBETTER (sic), a minor

 

Now this day Comes J. T. COLEMAN guardian of ISABELLA R. LEADBETTER a minor an[d] prays the Court that appraisers may be appointed to appraise the Estate of said Minor. Ordered by the Court that T. PRIGMORE, JAMES KERR, F. (?) BURK & STEPHEN JONES be and is hereby appointed appraisers to appraise said Estate.

 

Estate ANGELINA COMPTON & he[r] deceased husband EBER COMPTON decd.

 

Now this day Come ANGELIN COMPTON (sic) Surviving wife of EBER COMPTON Deceased and filed her inventory & appraisement of the Community Estate of herself and deceased husband. Ordered by the Court that Said Inventory and appraise be approved and place on record by the Court.

 

Estate of G. W. LOVEJOY decd.

 

Now this day Came GEORGE WHITE, T. T. BRADLY and H. W. HARRIS commissioners appointed by the Court to make distribution of the property and Estate of G. W. LOVEJOY deceased and presents their Said Report of Partition of Said estate between POLLY TURNER late wife of the Said LOVEJOY deceased, and the heirs at law of the Said G. W. LOVEJOY, to wit: POLLY E. LOVEJOY, Z. A. LOVEJOY, W. E. LOVEJOY & JOHN L. LOVEJOY. Ordered by the Court that Said Partition be approved and the Clerk ordered to place the same on record.

 

Estate of MARY L. HERRINGTON, a minor

 

This day comes SILAS HERRINGTON Executor of MARY L. HERRINGTON a minor and filed his Annual Report on said Estate. Ordered by the Court that this same be approved.

 

 

Page 58

 

April Term 1869

 

Estate of MARIAH MURRY

 

At this day Comes R. B. CARR guardian of the Estate of [MARIAH?] MURRAY a minor and represents that his said ward has arrive at mature age and presents to the Court a receipt from MARIAH YANTIS formerly MARIAH MURRAY and ward of the said R. B. CARR – and her husband J. W. YANTIS in full of all Claims against the Said Guardian for their interest in the Estate of WILSON L. MURRAY deceased. And the Said J. W. YANTIS being also present and approving of the settlement it is ordained by the Court that Said settlement between the Parties be Confirmed and the Said R. B. CARR be and is hereby discharged from said Guardianship.

 

 

Estate of LOUIS SHIRLEY decd.

 

At this day Comes ALEXANDER BERRY admr. of the Estate of LOUIS SHIRLEY decd. by report and petition praying authority to sell land for the payment of Debts specified in report made at the last term of this Court – and the Court being Sufficiently advised in the premises (?) doth order and decree that Said Administrator do proceed to Sell the land specified in his Said petition a prayer for at public auction to the highest Bidder as prescribed by law on the first Tuesday in June A. D. 1869 at the Court house door in the town of McKinney. It is further ordered that the first nine tracts of land specified in Said petition to wit: 160 acres of land Headright of J. A. Thockmorton 99 ¼ acres Headright of A. E. Throckmorton. The above tracts held by deed from Wm. S. Pinkenton 120 acres Headright of W. Ransome 90 acres Headright of Thos. Lindsey 30 acres headright Wm. E. Thockmorton (sic) The Above three tracts held by deed from M. W. Allen ____ acres headright of D. E. W. Babb held by deed from Wm. M. Shirley 170 acres headright of Osgood held by deed from Thos. P. Collin 170 acres headright of Osgood held by deed from Webb assignee of R. T. Speannan 140 acres Headright of Osgood held by deed from J. M. Robinson Be Sold on a Credit of twelve months taking note with approved security and lien on land for payment of the same and that the last named tract to wit 20 acres headright John Fitzhugh held by deed from John Fitzhugh be sold…

 

Page 59

 

April Term 1869

 

…for cash in hand to satisfy the vendors lien on the same for the unpaid purchase money thereof.

 

Estate of THOMAS & HARRIET SHAIN Deceased

 

Now this day comes DAVID STIFF admr of the Estate of THOS. & HARRIET SHAIN deceased and filed his annual Report of the condition of the said Estate. Ordered by the Court that the same be and is hereby approved.

 

 

Estate of MARY B. DISHMAN, Minor

 

Now this day come E. B. DISHMAN and represents to the Court by petition that MARY B. DISHMAN is a minor without any Natural Guardian – that she is 12 years old & having some property and ask that he may be appointed Guardian of the Said minor. Ordered by the Court that the said E. B. DISHMAN be and is hereby appointed Guardian of the Person and Estate of the Said MARY B. DISHMAN upon his Giving Bond with approved Security and taking the oath prescribed by law.

 

 

Community Estate of P. C. COLE & his deceased wife, MARTHA C. COLE

 

Now this day came P. D. COLE Surviving husband of MARTHA R. COLE deceased and filed his inventory of the Community Estate of himself & deceased wife – Ordered by the Court that the same be approved & the same be recorded by the Clerk.

S. Bowlby

Judge County Court

 

Estate of D. M. CRUTCHFIELD, Decd.

 

Now this day Comes S. BOWLBY Executor of the Estate of D. M. CRUTCHFIELD decd and therefore Came JOHN SCOTT & JOHN KINCAIDE two of the County Commissioners and presents his Report of the Condition of said Estate and it appearing to the Court that all the Business of the Estate has been settle that is in the possession of said Executor – And that the Court charges has been paid or will be and that there is nothing remaining in his hands but two certain notes One against J. V. CRUTCHFIELD $125 (?) and one against ROBERT G. MARTIN for one hundred Dollars whe__ to order to be turned. One to CAROLINE DOWELL to satisfy a debt against said Estate in her favor. It is therefore ordered by the Court that said Executor be discharged and succession be closed.

John Scott

 

Page 60

 

May Term A. D. 1869

 

County Court Pertaining to Estates May 31st 1869

 

Met pursuant to Law at the Court house in the Town of McKinney. One the 31st day of May A. D. 1869.

Present S. Bowlby Co. Judge

G. W. Patterson Co. Clerk

 

 

Estate of SAML. and ANN WALL, Decd

 

Now this day Comes F. J. NAUGLE Admr. of the Estate of SAMUEL [and?] ANN WALL deceased. And presented in Open Court a Report of Sale of a certain tract of land made in Conformity of an order made at the November Term 1868 – to wit Proceeded to sell Said land to wit Eight one acres of land out of a 640 acre Survey in the name of J. H. COLLINS – and more definitely described in said order. That Said land was offered for sale at the Dorr of the Court house in the town of McKinney to the highest bidder on a credit of twelve months. On the first Tuesday in May A. D. 1869 after being duly advertised as the law direct (sic) Two hundred & three Dollars ($203) being the highest and best bid Said tract of land was knocked of[f] to HOSEA PARVIN at the Said Sum of Two hundred & three Dollars.

 

It is therefore ordered and decreed by the Court that said Sale is in all things confirmed and that the said Administrator be and is hereby ordered to make to the said purchaser HOSEA PARVIN a good and sufficient deed for the above described land.

 

 

Estate T. B. MORGAN, Decd.

 

B. M. PEGRAM (?)

Vs. Now this day Came the plaintiff by his attorney and presents to

S. B. DICKERSON Admr. the Court that on or about the 24th day of October 1867 THOS. B. MORGAN Executed and delivered to petitioner his bond for title whereby he bound himself his heirs or administrator to make or cause to be made a deed to a certain tract or parcel of land for value Recd. Said land being about six mils South of McKinney and being a part of a survey of 320 acres in the name of James Snider. And beginning at the N W Corner there Thence South 40 chains a post an elm 10 (?) Diameter marked X brs 49 1/6 º West 480 links Thence East 17 chains and fifty links to a post in the South…

 

Page 61

 

…Sd. Survey Thence 40 chains to a post in the north line of Sd. Survey an Elm 8 in. dia. marked X brs N 14 ½ º East 245 links Thence west 17 chains and 50 links to the place of Beginning containing Seventy acres more or less. Petitioner further avers that since the Executor & delivery of said Bond THOMAS B. MORGAN has Departed this life, and at the (blank) Term of the Probate Court of Collin County S. B. DICKERSON was appointed and duly Qualified as administrator of the estate of THOMAS B. MORGAN Deceased – And prays the Court that Citation may be used against the Said Petitioner and upon final hearing for Judgment & acres compelling Said Dickerson to execute and deliver a deed to Said Petitioner. Thereupon it appearing to the Court that the Said S. B. DICKERSON administrator as aforesaid had duly accepted Service upon said Petitioner and fails to appear according to the requirement of Said Petition and no reason appearing why said Petitioner Should not be granted. It is therefore ordered, adjudged and decreed by the Court that the said S. B. DICKERSON make without delay a good and sufficient deed to the Said BELL PEGRAM, his heirs and assignees duly signed by him as the administrator of the Estate of the said THOMAS B. MORGAN deceased.

 

 

Estate of the Minor Heirs of JAMES E. BRYANT Decd.

 

Now this day Comes THEODOSA E. WADDELL Joined by her husband D. M. WADDELL guardians of the Estate & persons of the Minor heirs of JAMES E. BRYANT Deceased and the Said Theodosa and represents by petition that the stock & horses belonging to the said Wards are scattered and liable to waste and that said guardians find it impossible to employ a headsman to take care of said stock-that said stock has greatly risen in value and will bring a good price. And petitions the Court for an order to sell at Public Venue (?) to the highest bidder the whole of said stock on a credit of 12 months by the purchasers giving his note with approved security.

 

Ordered by the Court that said prayer be granted and that said Guardians proceed to sell said stock or horses at such time & place as they may disequite (?) after given due notice of such sale. Said Stock to be sold to the highest bidder on a credit of 12 month with approved security.

 

 

Page 62

 

May Term A. D. 1869

 

Estate of DAVID WYLIE Deceased

 

Now this day Came J. N. WYLIE by petition and represents To the Court that DAVID WYLIE a citizen of Collin County Died on the 23d day of March 1869 leaving a will Dated August 2d 1853. That his surviving wife is now old and infirm and wishes to decline acting as one of the Executors of said Estate and the other Executor named in the will is residing in the state of Kentucky & that the provisions of said will have nearly been Complied with by the said DAVID WYLIE during his lifetime. The Said petitioner prays that notice be given and that he be appointed Administrator with the will annexed.

 

Thereupon It appearing to the Court that Notice has been given by the Clerk. And no one appearing to Contest the same. And the Said JERMIMA WYLIE Relict of the Said DAVID WYLIE Decd. having filed her Relinquishment (?) to the right of Executorship-duly know to be a competent witness. It is ordered and decreed by the Court that the said J. N. WYLIE be and is hereby appointed administrator with the will annexed of the Estate of DAVID WYLIE Deceased upon his taking oath prescribed by law and Giving Bond and Security. And that DAVID BOWER, DAVID LINSEY & J. M. KINCAIDE be and are hereby appointed appraisers of said Estate.

 

Estate of ALLY WEAR & her deceased husband GEORGE WEAR.

 

The day Comes ALLY WEAR Surviving wife of GEORGE WEAR Deceased. And filed her Inventory & Appraisement of the Community Estate of herself & Deceased husband.

 

Ordered by the Court that the Said inventory & appraisement of said Estate be and is hereby approved.

 

Estate of DANIEL PRIGMORE Decd.

 

Now this day comes THEODORE PRIGMORE Executor of the Estate of DANIEL PRIGMORE deceased and filed his inventory & appraisement of the property & effects of DANIEL PRIGMORE Deceased. Ordered by the Court that the said Inventory and appraisement be and is hereby approved.

 

Page 63

 

May Term A. D. 1869

 

Community Estate of R. R. HARPER & his deceased wife.

 

Now this day Came R. R. HARPER by petition and filed an inventory of the Community property of himself and his Deceased wife LOUISA HARPER and asks that appraisers may be appointed to appraise the Same and _________ (?) value of the property as the law directs.

 

Order by the Court that the same be approved and that JOHN BEDDINGFIELD & WM. BLALOCK be and is (sic) hereby appointed appraisers of said Estate.

 

Estate of SAMUEL & ANN WALL Decd.

 

At this time Comes B. J. NAUGLE admr. of the Estate of SAMEUL & ANN WALL Decd. and represents to the Court that there Exists against the Estate of his intestate of just debts admitting to $100.00 that the personal Estate of Said decedents have been exhausted and nothing remains in his hands to pay off said indebtedness. And prays the Court for an order to Sell for that purpose the following tract of land belonging to said decedents to wit Situated in Collin County on the Waters of Elm Beginning at the South East Corner of a 40 acre tract of land Sold to COLEMAN WHITE and by CLAYTON ROGERS, it being a part of an Eighty are survey made in the HARDIN MOSS certificate running 220 yards to a stake thence South 220 yards to the North boundary line of JAMES HERN Survey Thence West to the Beginning containing 10 acres.

Ordered by the Court that the said prayer be granted and that the said Administrator proceed to sell said premises at the time and place prescribed by the Statute.

 

 

Estate of DAVID WYLIE Deceased

 

Now this day came J. N. WYLIE administrator with the will annexed of DAVID WYLIE Deceased and made return of the Inventory and appraisement of the property and Effects of DAVID WYLIE Deceased. Duly Sworn to by him the said Admr. and also the appraisers.

 

Ordered by the Court that Said Inventory and (sic) approved be (sic) and the Same is hereby approved.

 

Page 64

 

May Term A. D. 1869

 

Estate of DAVID WYLIE Deceased

 

Now this day Comes J. N. WYLIE admr of DAVID WYLIE Decd. and represents to the Court that there are some valid claims against the Estate he represents as to the amount he is not prepared to Say. And asks the Court for an order to sell such perishable property belonging to Said Estate as will be of value to pay said debts and the expenses of administration. Ordered by the Court that Said prayer be granted and that said Admr proceed to sell such property as he may think best on a credit of six months for the purpose of settling said indebtedness.

 

Estate of JAMES BATTERTON Deceased

 

Now this day Comes A. T. ROBERTSON, A. C. WHITE & W. R. GARNETT Commissioners appointed by the Court for making partition and distribution of the Estate of JAMES BATTERSON & ANN ELIZA BRITTEN, Both Deceased. And makes report under oath of the Partition & Distribution of said Estate between the Respective heirs of said Estates to wit, JONAS BATTERTON and SUSAN MARGARET, ELIZABETH ANN, RICHARD CHRISTOPHER and JOSEPHINE BRITTEN. To wit: 400 acres out of head right survey of JOHN BATTERTON decd. To JONAS BATTERTON they set apart 200 acres of Land valued at $690 and bounded as follows to wit Beginning at a post the NE boundary of the Headright Survey of the heirs of JOHN BATTERTON Dec. Thence West (venue of Compass set 9º 30”) 50 chains to a post in Prairie on the S B Line of an 80 acre tract taken out of the Aforesaid headright Survey and conveyed to JACOB ALEXANDER by JOSEPH BUTTER (BRITTEN?) and wife Thence South 40 chains a post B T Elm 15 mark X S 47º E 100 links thence East at 10 chains the N W Corner of a 160 acre tract taken out of the aforesaid headright Survey and now owned by RICHARD BRITTEN containing East in all fifty chains to a post the N E corner thereof and E B Line of the aforesaid headright Survey Thence North 40 chains to the place of Beginning To ELIZABETH ANN, RICHARD CHRISTOPHER and JOSEPHINE BRITTEN minor heirs and Representatives of JONAS BATTERTON Decd. 200 acres value at _____? bounded as follows Beginning…

 

Page 65

 

…at the S. E. Corner of the original Survey Thence North 80 chains to a post an ___? Corner Thereof Thence East 20 chains to the N W corner of the 200 acre tract set apart to JAMES BATTERTON Thence South 40 chains to the S W Corner thereof Thence East 10 chains the N E Corner of RICHARD BRITTEN 160 acres B T ELM marked X N 17 W 189 links Thence South 40 chains the S W Corner Thereof and S B Line of original Survey Thence West 30 chains to the place of Beginning.

 

Ordered by the Court that Said Report be accepted and approved. And that the Clerk make full record of the same.

 

 

Estate of MANLY S. BECK Decd.

 

At this day Comes VOLTAIN ROUNDTREE & FRANCIS C. ROUNDTREE Executor & Executrix of the Estate of MANLY S. BECK Decd. and filed their petition. Setting forth that there are allowed and approved Claims Against their testator’s Estate amounting to $800. That there are no funds in their hands to pay the Same and that the personal property belonging to the Estate was bequeathed by their testator and not liable for debts Except as a final result. Wherefore petitioners ask that they be granted an order to Sell to play debts the following land or enough thereof to pay said debts to wit. Situated on the waters of East Fork of Trinity River, being a part of the headright Survey of Benjamin Sparks for 640 acres bounded as follows. Beginning at the N. W. Corner of a tract bought by Peter F. Lucus of said sparks West of said survey of t8 acres Thence West 102 Rods thence South 160 rods Thence East 102 Rods Thence North 160 Rods to the place of Beginning Containing 102 acres. Also two other tracts in the County of Collin on the waters of the East Fork of Trinity River one tracts of 100 acres out of 640 acre survey in the name of Peter F. Lucus. The other tract 6__? Acres of ____land out of a 640 acre Survey made in the name of Montgomery Birch. Petitioners ask (?) to sell the first lot of land ____? And a sufficient quantity of the remainder to pay the debts against the Estate.

 

Ordered by the Court that the Said prayer be granted and that Said Executor & Executrix be and is hereby ordered to proceed to sell Said property at such time & place and such Condition as is prescribed by law.

 

Page 66

 

May Term A. D. 1869

 

Estate of IDA CRUTCHFIELD a minor

 

Now this day came MATILDA F. THOMPSON _____? by her husband W. W. THOMPSON and petition the Court that they may be appointed Guardian of IDA CRUTCHFIELD a minor – and heir at Law of the said MATILDA F. THOMPSON. The former husband D. M. CRUTCHFIELD now deceased. And it appearing to the Court that the said IDA is possessed of some Estate – and her mother MATILDA THOMPSON being her natural guardian. It is ordered and Decreed by the Court that the said MATILDA F. THOMPSON Joined by her husband W. W. THOMPSON be and are hereby appointed Guardian of the Estate & Person of IDA CRUTCHFIELD a minor. Upon taking the oath. Giving Bond with approved Security. Wherefore the said Parties appeared and took the oath of Guardianship & Give Bond with security to the satisfaction of the Court.

 

 

Estate of PETER E. PULLIAM Decd.

 

The day Came D. E. LAWDON admr. of the Estate of PETER E. PULLIAM Dec. and filed in Open Court an Inventory and appraisement of the Lands & property of Said Estate.

 

Ordered by the Court that the Said Inventory & appraisement be and the Same is hereby approved and the Clerk ordered to record the same.

 

 

Estate of LUCETIA (?) JAMES, a Lunatic

 

Ordered by the Court that G. W. PATTERSON be and is hereby appointed Guardian of the Estate of LUCETIA (?) JAMES non compos mentis. Upon his giving Bond and security in the Sum of Eight hundred Dollars and taking the oath prescribed by law and that JAMES CAVE, GEORGE WATTS & D. M. HACKER be appointed to appraise the property of said LUECTIA (?) JAMES non compos mentis.

 

 

Page 67

 

May Term A. D. 1869

 

Estate of J. M. & MAGGIE BOUNDS, Minors

 

Now this day came ANN STUART Guardian of J. M. & MAGGIE BOUNDS, Minors. And presented to the Court an account against Said Minors, To Wit: For basic lodging and washing Dec. 1867 to May 1st 1869-

Maggie Bounds

currency $8.40

142.80

Clothing for Same

 

10.00

For Josephine Bounds

Same term

109.00

Clothing

 

10.00

 

And asks the Court that she may be paid said claims out of the first money that (?) Property that may come into her hands.

 

Ordered by the Court that the said account be and is hereby approved. And that the Said Guardian in hereby authorized to appropriate the said account for the payment of the first money (?) that may come into her hands as said guardian.

 

Estate of LUKE & NANCY GEORGE Deceased.

 

R. W. Weaver & Permelia Now this day came R. W. WEAVER & his wife PERMELIA

Weaver – his wife WEAVER by petition and also by attorneys and represents to the

Vs. Court that the Said PERMELIA WEAVER is an heir and

J. H. GEORGE, Admr. distributee of LUKE & NANCY GEORGE Deceased. And that

J. H. GEORGE has been appointed administrator of Said estate and further represent that there’s (?) property both Real & personal belonging to said Estate and that there is no debts due against Said Estate. Therefore they pray that the said J. H. GEORGE be Cited to appear and show cause why the property of Said Estate Should not be apportioned and distributed Among the legal representatives of Said Estate. Whereupon the Said J. H. GEORGE admr. as a foresaid having been duly cited to appear by a writ of certatiori from the Clerk of this Court Appeared in conformity thereto and filed his Exhibit of the property and Effects of the Said estate to wit. 212 acres Land (Homestead), 1 Large Sorrel Mare 14 year old, Gray mare 15 year old, sorrel mare 13 year old, yellow horse (?) 12 year old, yellow horse 13 year old, Bay Pony horse 19 year old, Yellow Mare 18 year old Bay horse one year [old], one yoke of oxen, 19 head of stock cattle, 5 turning plows (?), 2 shovels (?), 3 hoes, 5 iron bands (?), 4 sett (set) plow gears, 1 sett (set) Breeching (?), 1 grind stone, 1 waggon (wagon), 3 bee gums, 15 stock hogs, 2 chopping axes, lot of castings, 1 loom ___…

 

Page 68

 

May Term A. D. 1869

 

…1 spinning wheel, 1 churn, 6 barrels, 1 tin Bucket, 1 lard stand, 1 spice mortar & pestal, candle moles (molds) 4 meal sacks, 1 Churn (old), 3 buckets (blue), 4 chairs, 1 table, 1 shot Gun, 1 clock, 2 b______s (?), 2 feather beds & bedding, Lot of bed Clothing, 1 trunk, 1 padlock & looking glass, 1 lot of Queen’s ware, 2 Smoothing Irons, ½ interest in reaper. It also appearing to the Court by Consent of all the parties that MRS. E. J. CARRUTH received from her father & mother during their life time one saddle valued at $15 and one Bed stead & Bedding valued at $33.00. And MRS. P. WEAVER received from her Father & Mother During their life time one bedstead & bedding valued at $33.00.

 

Thereupon the Court being satisfied that no objection was had to the distributions and Partition of said Estate and the Said R. W. WEAVER & PERMELIA his wife Entering into Bon with approved Security that all the debts (if any) due against Said Estate Shall be paid. It is ordered and decreed by the Court that Said Petition be had as prayed for, to wit To E. J. CARRUTH: One Seventh part after including the Said Said (sic) sum of $48, which She has already received, of the Personal Property. To PERMELIA WEAVER one seventh part of the personal property including the Sum of $33.00 which she had already received. To J. H. GEORGE one seventh of the Personal Property and to Each of the four minor children to wit: ARTHUR GEORGE, THOMAS GEORGE, MARY GEORGE & CANT GEORGE one seventh part of said Personal property. And the Said 212 acres of land (Homestead) to be divided Equally between said seven heirs according to Quality and Quantity. It is further Ordered by the Court that G. W. KERR, WM. H. HORN, H. H. TUCKER & A. T. ROBINSON be and is hereby appointed Commissioners to make partition and distribution of Said Estate—and that JOHN SCOTT hereby appointed and constituted Guardian Ad Litem of the Minor heirs of Said (smear).

 

S. Bowlby

J. C.C.

 

Page 69

 

June Term A. D. 1869

County Court pertaining to Estates.

Met pursuant to law at the Court house in the town of McKinney on the 28t day of June A. D. 1869.

Present S. Bowlby Co. Judge

G. W. Patterson Co. Clerk

 

Estate of ROBT. D. BUMPASS Decd.

 

On this day came on to be heard the petition of JOHN R. BUMPASS admr. of ROBERT D. BUMPASS Decd., N. M. BOYD formerly wife of said deceased jointed by her husband O. N. BOYD and MAY LOUISA and WILLIAM BUMPASS the only heirs of said Decd. for per litem of Said Estate and if appoint to the Court that the Said Estate is fully administered except the balance of a debt due to ROBERT D. BUMPASS, it is ordered by the Court that JAMES D. NAYLOR, JOHN McMINN and DAVID M. STIMPSON be appointed commissioners to partition and distribute between N. M. BOYD former wife of ROBERT D. BUMPASS Deceased and MAY LOUISA and WILLIAM BUMPASS children and heirs of said R. D. BUMPASS Decd. and of the property belonging to said estate except 153 (?) acres of land out of a survey patented by a DANFIELD assignee of D. Austin and report _____? And if (it?) farther appearing to the Court that with the consent of all the heirs the admrs. has transferred to MAY LOUISA and WILLIAM R. BUMPASS certain property in payment of an interest in a debt that (?) from the Estate to R. D. BUMPASS, Senr. To said minors and it appearing to the Court that said transfer was made with the consent of all parties interested and that it is to the interest of said Estate, It is ordered and decreed that said transfer the interest of the Estate. It is ordered that said transfer be approved and confirmed and it is further ordered that T. DeARMOND be and he is further ordered that R. DeARMOND be and he is hereby appointed Guardian ad litem for MAY LOUISA and WILLIAM BUMPASS minor heirs aforesaid to represent them in the partition. And it is further ordered that JOHN R. BUMPASS sell as the time Law describes (?) 153 acres of land belonging to the Estate of ROBERT D. BUMPASS dec. being a part of the survey partition to A. Camfield as assignee of D. AUGLIN to pay the balance due to ROBT. D. BUMPASS and make return of said sale in due form.

 

Page 70

 

Estate of THOMAS B. MORGAN, Deceased

 

Now this day [came] S. B. DICKSON Administrator to the Estate of THOMAS B. MORGAN, Deceased. And made report of Sale of real and personal property belonging to Said Estate made in conformity to an order theretofore made by the County Court Pertaining to Estates, To Wit that be sold at public out cry for Cash at the Court house door in the town of McKinney on the first Tuesday the first day of June 1869 between the hours of 10 o’clock A. M. and 4 o’clock P. M. the following property to the persons and for the prices herein stated having first advertised the same as the law requires

3/5 interest in store house in the town of McKinney to Joseph Seargent for

$801.00

1 show lease to Mrs. Martha Abergan for

12.00

Letter (?) press to Thockmorton Brown & Deannd (?) for

2.50

 

Therefore it is ordered and decreed by the Court that the Said Sale be approved and in all things Confirmed – and that the said administrator S. B. DICKERSON make to the said JOSEPH SEARGENT a good and sufficient Deed for the Said 3/5 interest in said Store house & lot.

 

 

Estate of SARAH MANDA, WILLIAM E., MARY ANN, MATILD (sic) J. FOSTER, Minors.

 

Now this day Came JOHN HAVENS a[nd] presented to the Court his petition praying the Court for the Appointment of Guardian of the Persons & Estates of SARAH MANDA FOSTER, WILLIAM E. FOSTER, MARY ANN FOSTER and MATILD (sic) J. FOSTER, Minors and it appearing to the Court that notice has been given by the Clerk and no person appearing to contest Said appointment. It is therefore ordered and Decreed by the Court that the Said JOHN HAVENS be and is hereby appointed Guardian of the persons & Estates of the Said Minors upon his giving bond & Security and taking the Oath prescribed by law & that W. S. HARRS, C. L. WILLCOXSON & JACOB MOORE (?) be appointed Appraisers of said Estate.

 

 

W. H. DUNCAN, Decd.

 

Now this day Came JAMES D. NAYLOR, Administrator of the Estate of W. H. DUNCAN Decd. and made Report of sale of Certain real Estate to wit Consisting of forty acres of land and separate (?) effects and on the first Tuesday in May 1869 Sold at the Court house door in the town of McKinney at the hour of 2 o’clock of Said day on a credit of 12 months when THOMAS J. ESTES became the highest bidder he bidding the sum of One hundred and forty Dollars on (?) three…

 

Page 71

 

…Dollars & fifty cents per acre. Therefore it is ordered and decreed by the Court that Said Sale in all things be confirmed and that said administrator make to said purchaser a good and sufficient deed as administrator aforesaid to the said Estes [Estate?].

 

Estate of JOHN TATE Deceased

 

Now this day came CYNTHIA TATE Executrix of the Estate of JOHN TATE Deceased and filed her Inventory and appraisement of the property & effects of the said Estate.

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

 

Estate of ROBERT D. BUMPASS Decd.

 

Now this day came JOHN K. BUMPASS Adm. Of the Estate of ROBT. D. BUMPASS Deceased and files his account current & vouchers for final settlement. Ordered by the Court that the same be approved and that the Clerk give the legal notice.

 

Estate of CHANDLER & McDONALD Decd.

 

Now this day came ED CHAMBERS administrator of the Estate of CHANDLER & McDONALD Deceased and represented to the Court that there is (sic) debts against Said Estate and that there is no means in his hands to pay the same and prays the Court for an order to sell the personal property and real Estate belonging to Said Estate. Ordered by the Court that said Adm. Proceed to sell said property in such manner as is prescribed by law. The real estate to be sold on a credit of 12 months.

 

Estate of JOHN PEW deceased.

 

At this day Came JOSHUA GOTCHER adm. of the Estate of JOHN PEW deceased and presents to the Court that he has failed to make sale of the Mark & Brand of said Estate that he has offered said Mark & Brand with the remnant of stock belonging to said Estate at public 87 private Sale to the heirs and others for the Sum of fifty Dollars. Petitioner prays for an order giving to said petitioner…

 

Page 72

 

…the said remnant of property for the sum of fifty Dollars to be accounted to him in the ordinary C____(?) of Administration (?).

Ordered by the Court that Said prayer be granted and that the said administrator account to the Court for the same in the final settlement of his account with said Estate.

 

Estate of MRS. M. B. GRAHAM Decd.

 

Now this day comes B. S. SHELBURN [SHELBOURNE] by petition and also in person and prays the Court that he may be appointed Administrator of the Estate of MRS. M. B. GRAHAM Decd. And it appearing to the Court that due notice has been given by the Clerk and no one appearing to contest the same, It is ordered and decreed that the said B. S. SHELBURNE be and is hereby appointed administrator of the Estate of the said MRS. M. B. GRAHAM Decd. upon his giving Bond in the sum of three thousand Dollars and taking the oath as the law directs and that JOHN CROGIN (?), J. L. HUFFMAN & MOSES MOORE be appointed appraisers for said Estate.

 

Estate of MRS. M. B. GRAHAM Decd.

 

Now this day came B. S. SHELBURN administrator of the Estate of M. B. GRAHAM Decd. and filed his inventory and appraisement of the property & effects of said Estate. Ordered by the Court that the same be and is hereby approved.

 

Estate of W.H. DUNCAN Decd.

 

Now this day came JAMES D. NAYLOR Administrator of the Estate of W. H. DUNCAN dec. and filed his sell Bill of the personal property belonging to Said Estate.

Ordered by the Court that Say (sic) [Said?] report be accepted & approved and recorded by the Court.

 

Page 73

 

June Term 1869

 

Estate of L. SHIRLEY Deced.

 

At this day came ALEX. BERRY Administrator of LOUIS SHIRLEY deceased and made report of sale of Real Estate belonging to Said Estate to wit: That in pursuance of the order of this Court he proceeded to sell at the Court house Door in the town of McKinney on the first Tuesday of June being the first day of that month in the present year 1869 All the landed property in Collin Co., Texas belonging to the Estate of Said deceased and the Same was purchased by the several persons specified in the following Sale Bill.

 

20 acres

Bought by Jno. Fitzhugh at 3 Dollars per acre making in aggregate

$60.00

99 1/4 acres

Bought by Wm. D. Lair at 3 Dollars 10 cts. Per acre making in the aggregate the sum of

$307.67

160 acres

Bought by Dr. Wm. D. Lair at four Dollars per acre making in the aggregate the sum of

$640.00

102 acres more or less of Babb League

Bought by Dr. A. C. Lacy at $1.50 cts per acre making in the aggregate the sum of

$153

30 acres

Adjoining the homestead at 1.25 per acre making in all

37.50

90 acres Headright of Thos. Linsey

Bought by Johnson Desert (?) at $4.30 per acre in all

387.00

140 acres Osgood's Survey

Bot (sic) by Alex at $1 per acre

140.00

340 acres Osgood's Survey

Bot (sic) by Geo. Wilson at 15 cts.

51.00

 

 

$2148.17 1/2

 

The said administrator further represents that Said sale was made in all respects in Conformity to the requirements of the statute.

It is therefore ordered and decreed by the Court that the Said Sale be approved and in all things confirmed and that the said administrator ALEX BERRY proceed to make deeds to the said purchasers to the several tracts of land by each purchaser in the manner prescribed by the statute.

 

Estate of LUCRITIA JAMES Non Compos Mentis

 

Now this day came G. W. PATTERSON Guardian of the Estate of LUCRITIA JAMES non Compos mentis and filed an Inventory & appraisement under oath of the property & effects of said Estate. Ordered by the Court that the same be approved.

 

Page 74

 

Estate of LUCRETIA JAMES (Lunatic)

 

Now this day came G. W. PATTERSON Guardian of the estate of LUCRETIA JAMES non Compos Mentis by petition and Represents to the Court that there is some perishable property belonging to said Estate and Recommends that the homestead of the said LUCRETIA JAMES be sold to meet the Expenses of Keeping Said Lunatic. Ordered by the Court that Said petition be approved and that said guardian as aforesaid proceed to sell such personal property for Cash and the real Estate on fourth cash in hand & the ballance (sic) in once year by the purchaser giving good personal security with a lien on the premises for said purchase money.

 

Estate of J. T. VARDEMAN Dec.

 

Now this day came E. P. VARDEMAN admr. of the Estate of J. T. VANDEMAN Decd. and made application for discharge of said administration and ask that notice be giving by the clerk and that Said application be acted upon at the July Term of said Court.

S. Bowlby

J. C. C.

 

Page 75

 

July Term A. D. 1869

 

County Court Pertain to Estates

 

Met pursuant to Law On the last Monday in July A. D. 1869 it being the 26th day of said month at the Court house in the town of McKinney, Court of Collin & state of Texas.

Present S. Bowlby Co. Judge

G. W. Patterson Clerk.

 

 

Estate of CATHERINE DIXON Dec.

 

Now this day Came S. COFFEY, Executor of the Estate of CATHERINE DIXON Dec. and presents his annual Report of the Condition of Said Estate. Ordered by the Court that said Report be approved.

 

Estate of J. T. VARDEMAN Dec.

 

Now this day Came E. P. VARDEMAN Adm. of J. T. VARDEMAN Decd. and filed his Final Report of the Condition of said Estate and prays the Court that he may be discharged as such administrator and that Said Succession maybe closed. And it appearing to the Court that Said Report is in all respects correct and that the debts from all been paid and that there is nothing left in his hands and further that the Court is informed that due notice has been given in the McKinney Messenger. It is therefore ordered & decreed by the Court that Said Final Report be accepted and approved and that the said E. P. VARDEMAN administrator of said Estate be and is hereby discharged and that Said succession be closed.

 

Estate of MARTHA PORTMAN Dec.

 

Now this day Came WILLIAM PORTMAN, admr. of the Estate of MARTHA PORTMAN dec. and filed his Inventory of the property of Said Estate. Said Inventory approved by the Court and ordered to be recorded.

 

Community Estate of B. R. HARPER & his deceased wife.

 

Now thus came R. R. HARPER and filed his inventory of the Property & Effects of Himself and his decease[d] wife LOUIZA HARPER.

 

Ordered by the Court that Said Inventory be approved and the Clerk ordered to record the same.

 

Page 76

 

Estate of SAMUEL & ANN WALL Decd.

 

At this day Came B. J. NAUGHE Admr. of the Estate of S. & ANN WALL deceased and report to the Court that after advertising for twenty days as the law directs he sold at public outcry on credit of twelve months 10 acres of land out of Hardin Moorse Headright belonging to said Estate that (?) HENRY BOUNDS bid the sum of thirty dollars and seventy five cents which being the best bid it was knocked off to him. Said Sale was knocked off to him said Sale was made on the 1st Tuesday 6th day of July 1869 at the Court house door in McKinney between the hours of 10 A. M. and 4 o'clock P. M. And that it appearing to the Court that Said Sale has in all things be done in conformity to law It is ordered and decreed by the Court that said Sale be approved and in all thins Confirmed and that said administrator proceed to make deed to the purchaser according to the provisions of said Sale.

 

ALBERT R. & DAVID WETSEL Minors.

 

Now this day Came J. H. JENKINS by petition and represents that ALBERT R. & DAVID WETSEL minors and heirs DAVID WETSEL Dec are entitled to a one half interest in lot No. 80 in Block No. 11 in the town of McKinney worth about two hundred Dollars and that they are not residents in Texas and their only surviving parent is a residents of the State of Kansas. Wherefore he prays that he may be appointed Guardian of the Estate of Said Minors.

Ordered by the Court that Said prayer be Granted and that Said J. H. JENKINS be and is hereby appointed Guardian of the estate of Said Minor children upon ;his giving bond and taking the oath as the law directs

 

Estate of MANLY BECK Dec.

 

Now this day Came V. ROUNDTREE Executor of the estate of MANLY BECK Dec. and make report that in pursuance of an order of your Court at the May term 1869 they advertised for twenty days as the law requires two tracts of land consisting of 102 acres and ten cents (sic) and on the first Tuesday the 6th day of July 1869 at the Court house door in the town of McKinney between…

 

Page 77

 

July Term

 

…the hours of 10 o'clock and 4 o'clock P. M. they offered said land for sale at public outcry on 12 months Credit where JOHN N. DEAL became the purchaser Six 75/100 Dollars per acre. And it appearing to the Court that that said Sale has in all things been done into Conformity to law It is ordered and decreed by the Court that said sale be approved and in all thins confirmed and that said executor proceed to make deed to the purchaser according to the provisions of Said Sale.

 

Estate - M. &. C. MALLOW Dec.

 

At this day Comes O. P. MALLOW Admr. of M. & C. MALLOW decd. and represents to the Court that there is between 3 & hundred bushels of corn and about 29 hundred pounds of oats in his hands belonging to said Estate and prays the Court that said property may be sold at private sale. Ordered by the Court that said prayer be Granted and that said grain be Sold by him at the best advantage to the estate.

 

Estate - M. & C. MALLOW dec.

 

At this day Comes O. P. MALLOW, Administrator of M. & C. MALLOW Decd. and presented his report for the rent of the farm belonging to the Estate. Ordered the same be approved.

 

Heirs of JAMES E. BRYANT Dec.

 

At this day comes D. M. WADDILL, Guardian of the minor heirs of JAMES E. BRYANT Dec. and returned under oath a sale Bill of the Horses of Said Estate. Ordered by the Court that Said Sale be approved and that the clerk be ordered to record the same.

 

Estate of MYRAM GRAVES, Dec.

 

Now this day Came WILEY M. GRAVES, Adm DeBoun? Of the Estate of MYRAM GRAVES, Dec. and gave notice of is intention to file his account & vouchers for final settlement of said Estate - and prays that notice may be given & c____ (confirmed?).

 

Page 78

 

Minor Heirs of SOLOMON M. RUCKER decd.

 

Now this day Came JULIA S. RUCKER and represents to the Court by petition that She is the mother and natural Guardian of ELIOT B. RUCKER, CLARENCE M. RUCKER, SERENA M. RUCKER & SOLOMON Z. (?) RUCKER, children and minors Heirs of SOLOMON M. RUCKER, Decd. which said Heirs are Entitled to an estate of about 235.00 Dollars and tenders her bond and prays for Letters of Guardianship for said minors. Ordered by the Court that said Prayer be granted and that Said JULIA S. RUCKER be and is hereby appointed guardian of the minor children to wit: ELIOT B. RUCKER, CLARENCE M., SERENA M. & SOLOMON Z. RUCKER. And that the bond hereby presented be and the same be approved. And that letters of Guardianship issue.

 

Estate of DAVID WYLEY [WILEY] Decd.

 

AT this day Came DAVID WYLEY Admr. of the Estate of DAVID WYLEY Deceased and filed his Report of sale of the personal property of Said Estate. Ordered by the Court that the same be approved and the Clerk ordered to record the same.

S. Bowlby, J. C. C.

 

 





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