Probate Minutes - 1846-1870 - Volume C-1


Page 79

 

August Term 1869

County Court pertaining to Estates August 30, 1869.

 

Court met personate to Law, at the Court house in the town of McKinney.

Present: Hon. S. Bowlby Co. Judge

G. W. Patterson Co. Clerk

 

When the following proceedings were had:

 

Estate of SARAH FRANCIS & JAMES CLEMENY (?) HARBUT, Minors.

 

Now this [day] Came REBECCA FRENCH, the mother & natural Guardian of SARAH FRANCES HARBUT and JAMES CLEMENY (?) HARBUT 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 REBECCA FRENCH be and hereby appointed Guardian of the persons & estates of Said minor children to wit: SARAH FRANCES & JAMES CLEMENY HARBUT. And that the bond hereby presented be and the same be approved and that Letters of Guardianship Issue to said REBECA (sic) HARBUT (sic).

 

CHANDLER & McDONALD Deceased.

 

AT this day Came ED CHAMBERS, administrator of the Estates of CHANDLER & McDONALD and filed an additional inventory of claims belonging to said Estates. Ordered by the Court that the same be approved.

 

Estate of PETER E. PULLICAM, Decd.

 

Now this day Comes DAVID E. LONDON, Admr. of the Estate of PETER E. PULLIAM, decd and filed an additional Inventory of Claims in favor of said Estate. Ordered by the Court that the same be approved.

 

Estate of P. H. MULL, Deceased.

 

Now this day Came JOEL BLAKEMAN & ADELINE MULL by petition and represents to the Court that about the 30th day of April 1869, P. H. MULL, a citizen of Collin County departed this life intestate. And prays the Court that they may be appointed administrator & administratrix of said Estate. And it appearing to the Court that due notice has been given by the Clerk and no one appearing to contest the same or show cause why such appointment Shall not be made It is ordered and decreed by the Court that the Said JOE BLAKEMAN be appointed admr….

 

Page 80

 

…and ADALINE MULL be appointed administratrix of Said Estate. And that after taking the oath of office & Giving Bond, Letters of Administration as issue[d] to them -- and appointed appraisers to appraise the property of said Estate.

 

Estate of LENTITIA & MARY CATHERINE REGAN, Minors.

 

This day Comes SAYLES COFFEY by Petition and also in person and Represents to the Court that LENTITIA and MARY CATHERINE REGAN are orphans and minors under the age of 14 years living in Collin County and that they have real and personal property Situated in Collin County and represents that he is grandfather and next of Kin to Said orphans and asks that he may be appointed Guardian of the Persons & Estates of Said Minor children. Appearing to the Court that due notice has been given and no person appearing to Court the Same or Show cause why said appointment should not be made, It is ordered by the Court that Said Prayer be granted and that Said SAYLES COFFEY be and are hereby appointed Guardian of LENTITIA & MARY CATHERINE REAGEN, minors under 14 years of age and upon his giving Bond and taking the oath as the law prescribed, Letters of Guardianship shall issue to him. And that JOHN M. McKINNEY, ANDREW LEWIS & WILLIAM S. COFFEY be and are hereby appointed appraisers to appraise Said Estate.

 

Estate of J. B. LEE, Decd.

 

Now this day Comes T. J. HALL & ZENTHIA HALL, Admr. & administratrix of J. B. LEE deceased and filed their annual report of the condition of said Estate ordered by the Court that the same be and is hereby approved.

 

Page 81

 

August term 1869

 

This day Comes:

 

Community Estate of WM. DRAPER & his deceased wife.

 

Now this day Comes WILLIAM DRAPER and filed with the Court his inventory and appraisement of the property and effects of himself and deceased wife (blank) DRAPER. Ordered by the Court that Said Inventory & appraisement be approved.

 

Estate of CYNTHIA HOWARD, a minor.

 

Now this day Came J. O. STRAUGHAM, Guardian of CYNTHIA HOWARD, a minors, and made his final Report for Settlement - and thereupon came D. C. FORMAN, husband of the said CYNTHIA HOWARD to represent her interest in said settlement. And it appearing to the Court that the said STRAUGHAM as guardian had fully performed his trust to his said ward, and that nothing remained in his hands of said Estate, It is therefore ordered and decreed by the Court that the Said J. O. STRAUGHAM be discharged as said guardian and that the guardianship be closed.

 

Estate of B. Y. HART, Decd.

 

Now this day Comes J. M. BENGE, Admr. of the Estate of B. Y. HART, decd. and files his Final account & vouchers for Settlement and it appearing to the Court that due notice had been given of the Approaching Settlement and no person appearing to object to the Same, The Court proceeded to Examine Said final Report, and find as follows to wit: that said administrator has received from Said Estate the sum of 712.65

That he has paid out including $13.41 Court charges not yet settled 682.16

Leaving a balance (sic) in his hands of 30.49

This appearing to be the result of the Exhibit. It is ordered and decreed by the Court that the Said Administrator pay to the heirs of the said B. Y. HART the Said Sum of $30.49 and the S____ (smear) of 13.41 cost as above Specified. And that upon Said payments the Said Admr. J. M. BENGE is hereby discharged from said administration and that said Succession be closed.

 

Recd. of J. M. BENGE, Admr. & c. (?) 13. 41. Court Charges in full.

G. W. Patterson Clk.

Recd. of J. M. BENGE 30.49 in full of all amnts due (rest of sentence unreadable).

John. A. (?) Naugle, Guardian

 

Page 82

 

 

August Term 1869

 

Estate of LUKE and NANCY GEORGE, Dec.

 

Now this day came G. W. KERR, W. H. HORN & A. T. ROBINSON, Commissioners appointed by the Probate Court to make distribution and division of the Real and personal property of the Estate of LUKE and NANCY GEORGE deceased Among the several Heirs of Said Estate. And made their Report of the same under oath. In manner and form as prescribed by the statute. Whereupon it was duly examined and approved by the Court and ordered to be place upon Record by the Clerk.

 

Estate of WILLIAM FOSTER, Decd.

 

Now this day Comes JOHN HAVENS & REBECCA HAVENS and represent that WILLIAM FOSTER died about 4 years ago leaving a Landed homestead of about 300 acres with some personal property - he also left a widow and four minor children to inherit the Community Estate of Said FOSTER & wife, then REBECA (sic) FOSTER. That Said REBECA FOSTER has Since been united in marriage to JOHN HAVENS and further Your petitioners represent that there has been no admr. on said Estate. But that all debtors of Said Estate have been paid. They therefore pray the Court that Commissioners may be appointed to make distribution and partition of the personal property Belonging to Said Estate Selling of to the Said REBECA HAVENS. One half of Said personal property and to her four children to wit: SARAH MINDA FOSTER, WILLIAM E. FOSTER, MARY ANN FOSTER and MATILDA J. FOSTER, the other half with out making distribution between said minor children. Ordered by the Court that that Said prayer be granted and that W. S. HARRIS, L. C. WILLCOXSON and JACOB MOORE be and are hereby appointed commissioners to make the distributions and partition of the personal property belonging to Said Estate and that D. D. GRAHAM act as guardian Ad Litem for the minor heirs.

 

Page 83

 

Estate of H. F. WEAR Deceased.

 

Now this day Comes B. L. RODGERS, Executor of the Last Will and testament of H. F. WEAR, Deceased by petition and prays the Court this Said Will may be admitted to probate and that he may be duly confirmed as Executor of Said Estate.

Thereupon Came in open Court W. H. SHERWOOD, one of the witnesses to Said Will and made oath in due form of law that he say (saw?) W. (sic) F. WEAR Sign Said Will as his last will and testament and hear him acknowledge the same of Such, and that himself and GEORGE WEAR Signed the same as witnesses at the request of said H. F. WEAR. Whereupon the Court being satisfied that notice had been given by the clerk according to Law and no person appearing to Contest the Same, It is ordered by the Court that Said Last Will & Testament of H. F. WEAR be admitted to Probate and that the Said B. L. RODGERS be and is hereby appointed Executor of Said will. And that letters of Executorship be issued to Him, upon his giving Bond to the approval of the Court and taking the oath prescribed by Law. And that W. H. SHERWOOD, C. RODGERS & P. RODGERS be and are hereby appointed appraisers of said Estate.

 

Estate of P. H. Mull Dec.

 

Now this day Came JOE BLAKEMAN, Adm. of the Estate of P. H. MULL Decd. and filed his 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.

 

Minor Heirs of POLLY CARSON Deceased.

 

The action for final settlement Continued until (sic) next term of this Court.

 

Page 84

 

Estate of JAMES S. BRADLEY, Decd.

 

At this time Come DANIEL HOWELL, Administrator of the Estate of JAMES S. BRADLEY decd. and presented his Final account for settlement of Said Estate. Stating that all the means that had come into his hands had been exhausted and that the Estate is indebted to him in the sum of $15.44, that the balance (sic) of the property is in the Hands of the widow, CHARLOTTE V. SPRUGEON & her Husband, MOSES SPURGEON, And tendered his resignation and asks to be discharged from Said administration. Whereupon the Court after due Consideration of the matters, and being satisfied that due notice has been given by the Clerk. It is therefore ordered and decreed by the Court that said Prayer be Granted so far as the Discharge of the Said Howell as Administrator. The Said Administrator in his petition requests that CHARLOTTE V. SPURGEON, surviving wife of Intestate, and her husband, MOSES SPURGEON, be notified to give Bond if they desire for the payment of out standing debts against the Estate, that he may be ordered to turn over the remaining property belonging to the Estate to said CHARLOTTE V. & MOSTES SPURGEON agreeably to a previous order of this Court.

 

Page 85

 

September Term A. D. 1869

 

Court met personate to Law to transact the Business of Estates for the County of Collin at the Court house in the town of McKinney on the 27th day of September A. D. 18l69. Present:

Hon. S. Bowlby Co. Judge

G. W. Patterson Co. Clerk

 

When the following proceeding were had:

 

Estate of PRECELLA (SIC) ADAMSON & JESSE ADAMSON, her deceased husband. Community Estate.

 

At this day Came PRICELLA (SIC) ADAMSON, surviving wife of JESSE ADAMSON, deceased, and filed her application for the appointment of appraisers to appraise the Community Estate of herself and deceased Husband. Whereupon It is ordered and decreed by the Court that said application be granted. And that B. J. NAUGHLE, ELI ADAMSON & J. E. CAROUTH be appointed appraisers to appraise the Community property belonging to said Estate.

 

Community Estate of JESSE ADAMSON dec. and his Surviving wife, PRESCILLA (SIC) ADAMSON.

 

Now this day Came PRECELLA (SIC) ADAMSON, Surviving wife of JESSE ADAMSON, Deceased, and filed her inventory and appraisement of the Community property of herself and her deceased husband as per form order of this Court. Ordered by the Court that the same be approved, and placed upon Record by the Clerk.

 

Estate of MARY GEOREGE, a minor.

 

Now this day Comes JAMES E. CAROUTH by Petition and also in person and represents to the Court that MARY GEORGE is a minor under the age of 14 years being a citizen of Collin County and having an Estate both Real and Personal in Said Court and asks to be appointed Guardian of the Person & Estate of the Said MARY GEORGE. Whereupon the Court being Satisfied that due notice has been given by the Clerk and no person appearing object to said appointment, It is ordered and decreed by the Court that the Said JAMES E.. CAROUTH be and is hereby appointed Guardian of the Person &…

 

Page 86

 

September Term 1869.

 

Estate of Said Minor MARY GEORGE and that Letters of Guardianship be granted him upon his giving Bond to the acceptance of the Court and taking the oath prescribed &c. And that GREEN KERR, W. H. HOWE & A. T. ROBINSON be appointed appraisers to make inventory and appraisement of the property and effects of Said minor's Estate.

 

Estate of C. F. GEORGE, a minor.

 

Now this day Comes J. H. GEORGE by petition and also in person and represents to the Court that C. F. GEORGE is a minor under the age of 14 years and a resident of Collin Count and having an Estate both real and personal in Said County and asks that he may be appointed Guardian of the person & Estate of Said minor, C. F. GEORGE.

Thereupon the Court being Satisfied that due notice has been given by the Clerk and no person appearing to object to Said appointment. Therefore it is ordered and decreed by the Court that Said prayer be Granted and that Said J. H. GEORGE be and is hereby appointed Guardian of the person & Estate of Said minor & upon his giving bond to the acceptance of the Court and taking the oath required by the Statute Letters of Guardianship be granted to him. And that GREEN KERR, W. H. HORN & A. T. ROBINSON be appointed appraisers to appraise the property of said estate.

 

Estate of THOS. C. GEORGE, a minor.

 

At this day Comes THOMAS C. GEORGE, a minor over the age of 14 years, in person and asks the Court to appoint J. H. GEORGE Guardian of His Estate during his minority. Ordered by the Court that the Said application be approved and that the said J. H. GEORGE be and is hereby appointed Guardian of the said T. C. GEORGE. And the said J. H. GEORGE appeared in open Court and accepted said appointment and Gave Bond & took the oath required by the statute. It is first ordered by the Court that Letters of Guardianship be granted and that GREEN KERR, W., H. HORN & A. T. (ROBINSON?) be appointed to appraise the property of (the) Estate.

 

Page 87

 

Estate of K. F. ROEMMELE, Deceased.

 

Now this day Came W. H. ANDREWS, Executor of the Last Will and testament of K. F. ROEMMELE deceased by petition and represents that the said K. F. ROMMELLE, late of Collin County departed this life leaving a will and large property both real and personal and having nominated him Executor of his last will and prays the Court that said will may be admitted to Probate and that letters testamentary be granted to the said W. H. ANDREWS. Whereupon THOS. J. BROWN, one of the subscribing witnesses appeared in open court and made oath that he saw said K. F. ROEMMELE sign said last will and testament and that he acknowledged in his presence & WILLIAM WALKER that he signed the same as his last will and testament and that himself and the said WALKER signed said Last Will and testament as witnesses at the request of said ROEMMELLE.

It is further ordered by the Court that D. W. HOCKER, JAMES CARTY & JAMES LECRUY (?) be and are hereby appointed appraisers to appraise the property of Said estate & that the Clerk be ordered to record said Will.

 

Estate of MIRAM GRAVES, Decd.

 

Now this day Comes into Court WILEY M. GRAVES, administrator of the Estate of MIRAM GRAVES, Decd. and filed his account for Final settlement of said Estate, representing to the Court that all the Indebtedness against said Estate have been paid and there is nothing remaining in his hands and asks the Court that he may be discharged from the administration. Whereupon it appearing to the Court that Said Statement is correct and that due notice has been given by the Clerk of this Court and that all the Court Charges have been paid, It is therefore ordered and decreed that Said final Report be accepted as true and that said WILEY M. GRAVES, be and is hereby discharged from further duties as such administrations and that this Succession be closed.

 

Page 88

 

Sept. Term 1869

 

Estate of Minor Children of A. J. HONAKER, Decd.

 

Now this day Came J. P. BICKEY, guardian of the Estate of the minor Children of A. J. HJONAKER, Decd., appeared and Filed his annual Report of the Conditions of Said Estate. Ordered by the Court that said Report be approved.

 

Estate of W. & C. MALLOW, Decd.

 

Now this day Comes OLIVER P. MALLOW, admr. of the Estate of M. & C. MALLOW Decd. and presented to the Court a petition representing that Commissioners heretofore appointed to make Distribution of the estate of said decedents among the heirs have reported that Said lands were incapable of division and asks the Court that said Lands be sold , that distribution be make among the Heirs. Ordered by the Court that Said application be granted and that said Administration proceed to sell at the door of the Court house at such time and in such terms as the law prescribes the real Estate belonging to said Estate.

 

Estate of JOHN & LYDIA GRAYUM, Decd.

 

Now this day came PERRY GRAUM, Admr. of the Estate of JOHN & LYDIA GRAYUM dec. by petition and prays the Court that appraisers may be appointed to appraise some property belonging to said Estate which has lately come to hand. Ordered by the Court that JOHN McKINNEY, GEO. SIMMONS & THOS. WILLIAMS be appointed said appraisers.

 

Estate of T. H. CHANDLER & L. M. McDONALD Decd.

 

Now this day Came ED CHAMBERS, administrator of the Estate of T. H. CHANDLER & L. M. McDONALD decd. and presented to the Court a report of Sale, made of the Real Estate of Said decedents, make in conformity to an order from the Collin Court[y] Court pertaining to Estates at a prior term As follows: That on the first Tuesday (sic) in August 1869, within the Hours prescribed by law, he sold at public out cry at the Court house door in the town of McKinney one hundred acres of land belonging….

 

Page 89

 

September Term A. D. 1869

 

…to intestate to wit: Situated in Collin County, State of Texas on the waters of Wilson's Creek being a part of William Hern's most westerly 320 acres Survey and bounded as follows to wit: Beginning at the N W corner of said 320 acres Thence south 29 chains 42 links a rock in the west boundary thereof from which a Cotton wood 12 in dia. Md S brs N 45° E 480 links Thence East 40 chains to a rock in Bed of large branch from which an Elm 8 in. dia. Md X brs S. 38 1/2 W 38 links Thence up said branch with its meanders to the north boundry (boundary) of said 320 acres bears East 8 chains 26 links and a cotton wood 24 in. dia. Mkd. X brs. S 17 E 178 links Thence west 31 chains 74 links to the place of Beginning. Said Land was knocked off to P. Y. TAYLOR at $4 1/2 per acre, which was the Highest and best bid offered on a credit of twelve months with note to be Secured as the law directs.

Ordered by the Court that said Sale be approved and in all things confirmed and that said administrator proceed to make to the said Purchaser, P. Y. TAYLOR, a good and sufficient deed for said premises as specified by law in such cases made and provided.

 

Estate of H. F. WEAR Deceased.

 

Now this day Comes B. L. RODGERS, Executor of the Last Will and testament of H. F. WEAR, deceased and filed his Inventory & appraisement of Said Estate.

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

 

Estate of the Minor Children of W. A. D. JONES.

 

Now this day comes W. A. D. JONES, a citizen of Collin County and represents to the Court that LUCY J. JONES, MARGARET N. M. JONES, ALWEDIE (?) S. JONES, HENRIETTA J. JONES & MADORA E. JONES are all Residents of said County, minors under the age of 14 years and that petitioner is their Father and Natural Guardian and that said minors are possessed of Estates and have no regular guardian. And prays that the may be appointed guardian of said minor children.

Ordered by the Court that Said prayer be granted and Letters of Guardianship issue to the said W. A. D. JONES upon his giving bond to the acceptance of the Court and taking the oath prescribed by law.

 

Page 90

 

September Term A. D. 1869.

 

Estate of MARY C. & (BLANK) REAGAN, Minors.

 

At this term came SALES COFFEY, Guardian of the person and Estate of MARY C. & (BLANK) REAGAN and filed his inventory & appraisement of the property of said Estate. Ordered by the Court that the same be approved and recorded (?) by the Clerk.

 

Estate of WILLIAM FOSTER, Deceased.

 

Now this day W. W. HARRIS, [UNREADABLE] & JACOB MOORE Commissioners appointed to make inventory and appraisement of the Estate of WM. FOSTER, Decd. and also to make distribution and partition of Said Estate Came forward and made return of the same duly done (?) to as the law directs. Ordered by the Court that Said Report, Inventory & Partition be approved. And that REBECCA HAVENS (late widow of Said WM. FOSTER deced.) take charge of her portion of the personal property Set apart by the said Commissioners & that JOHN HAVENS, Guardian of the Heirs of the said FOSTER deceased, take charge of the portion Set apart to said Heirs and that the Clerk do record the same.

 

Estate of the minor Heirs of WM. FOSTER Decd.

 

Now this day Comes JOHN HAVENS, Guardian of the minor heirs of WM. FOSTER Deceased and represents to the Court that the property Set apart to Said Minors is a perishable nature and will decrease in value before said children will become of age, and asks that an order be make authorizing him to sell Said property at public Sale on a credit untill (sic) the first March (?) A. D. 1869. Ordered by the Court that said prayer be Granted and that Said Guardian take charge of the property Set apart by Said Commissioners for the use of Said Heirs and that the same to wit: one Black mare, one chestnut Sorrel mare & colt, 1 Bay colt, one bay horse, 1 sorrel white faced mare , 9 years old & clot, 1 sorrel colt, one Brown mare, 2 Red Cows & calves, 1 yellow brindle cow & calf, 1 black 2 yr. Old Steer, 2 one year old Heifers 4.00 each, 1 red cow & calf…

 

Page 91

 

September Term 1869

 

…be offered for sale on such terms as prayed from in Said Petition.

 

Estate of JOSEPH & MAGGY BOUNDS, decd.

 

Now this day Came JOEL STEWART, admr. of J. & MAGGY BOUNDS Dec. and presented to Court his annual Report of the Condition of said Estate. Ordered by the Court that the said report be and is hereby approved.

 

Estate of A. J. CONN, a minor.

 

Now this day Come PETER WETSEL by petition and represents that ANDREW J. CONN, a minor, has funds coming to him to the amount of five or six hundred Dollars in the state of Indiana and is desirous of Drawing Said money and is over the age of 14 years request said petitions to apply for letters of Guardianship and asks that he may be appointed Guardian of said minor. Thereupon Came the Said Minor A. J. CONN by his attorney JOSEPH BLEDSOE and choose the said PETER WETSEL as his guardian. Ordered by the Court that Said PETER WETSEL be and is hereby appointed guardian of the Estate of the Said ANDREW J. CONN and that Letters of Guardianship issue to him upon his giving Bond to the Acceptance of the Court in the Sum of twelve hundred dollars and taking the oath as the law requires.

 

Estate if JOESPH & ELIZA BOUNDS Deced.

 

At this day Comes JOEL STEWART, Administrator of the Estate of JOSEPH & ELIZA BOUNDS, Deceased and presents his petitions representing to the Court that there is yet debts due from Said Estate and the Court charges &c. and that there is no means in his hands to pay said indebtedness and prays the Court for an order to sell So much of the real estate as will meet the demands. And suggests that Lot No. 75 in Block No. 10. And Block No. l46 in the town of McKinney would be sufficient to satisfy Said demands. Ordered by the Court that the Said Admr. proceed to sell Said Lots, to Wit Lot. No. 75 in Block No. 10 & Block No. 46 in the town of McKinney at the Court house door in the town of McKinney on the first Tuesday in November 1869 on one year's credit. With such security as the law provides.

 

Page 92

 

October Term A. D. 1869

Court met pursuant to law to transact the business of Estates for the County of Collin at the Court house in the town of McKinney on the 25 day of October A. D. 1869.

Present: S. Bowlby Co. Judge

G. W. Patterson Clerk

 

When the following proceedings were had.

 

Estate of CLAYBOURN CHRISTIE, a minor.

 

Now this day Came into Open Court CLAYBORN CHRISTIE, a minor over the age of 14 years and prayed that Court that SAMPSON CHRISTIE might be appointed the guardian of his Estate. Thereupon it is (?) ordered by the Court that Said SAMPSON CHRISTIE be and is hereby appointed guardian of the Estate of the Said CLAYBORN CHRISTIE upon gives bond and taking the oath. Whereupon the Said SAMPON CRHISTIE appeared and gave bond in the Sum of four hundred Dollars and took the oath prescribed by law.

 

Estate of W. F. WEAR, Dec.

 

Now this day comes B. L. ROGERS, Executor of the Estate of H. F. WEAR, Deceased and prays the Court for an order to Sell all the Real & personal property of said Estate on a Credit of 12 months.

 

Ordered by the Court that Said prayer be granted and that the Said Executor proceed to sell Said property in such manner as prayed for, with good and sufficient Sureties.

 

Estate of LEWIS GLASS, Dec.

 

Now this day Comes J. T. GLASS, Admr of the Estate of L. GLASS, decd. and presented to the Court his Annual Report of the condition of Said Estate. Ordered by the Court that the same be approved.

 

Estate of THOMAS ADAMSON, Dec.

 

Now this day Comes LARKIN (?) ADAMSON, administrator of the Estate of THOMAS ADAMSON, Dec. and filed his Annual Report of the Conditions of Said Estate. Ordered by the Court that the Same be approved.

 

Page 93

 

Estate of H. R. LEYDAY & his surviving wife, MARY F. LEYDAY--Community

 

Now this day Come MARY F. LEYDAY, Surviving wife of H. R. LEYDAY, Deceased, by petition and represents to the Court that her husband, H. R. LEYDAY, departed this life on the (blank) day of September 1868 intestate leaving an Estate both real & personal. And that Said decedent and petitioner had a Community Estate subject to the Control of the Court. And prays that Appraisers be appointed to assist her in returning an inventory & that she as said Widow may have the control and dispositions of said Community Estate as by law she may.

 

Ordered by the Court that the Said prayer be granted and that L. D. RITCHENS, (KITCHENS?) Wm. STANDORD, D. D. GRAYHAM & JAMES THOMPSON be appointed appraisers to said estate.

 

Estate of JACOB NAUGLE, Decd.

 

Now this day Came LEONADUS (LEONIDAS) WILSON by petition and represents to the Court that JACOB NOGLE departed this life Some time in Nov. last leaving no will and that there is some landed property belonging to said Estate. And prays the Court that notice may be given and that he may be appointed administrator of Said Estate and that appraisers may be appointed &c.

 

Whereupon it appearing to the Court that due notice had been given by the Clerk and no person appearing to Contest the Same. It is ordered and decreed by the Court that the Said LEONADAS (LEONIDAS) WILSON be and is hereby appointed Administrator of the Estate of JACOB NAGLE Deceased and that CLAYTON ROGERS, B. L. BOGERS & T. SPENCER be appointed appraisers of the property of said Estate.

 

Estate of JABOB NOGLE Dec.

 

Now this day Comes LENADUS (LEONIDAS) WILSON, Adm. of the Estate of JACOB NOGLE Dec. and filed in this court an Inventory and appraisement of the Property of said Estate. Ordered by the Court that the same be approved and that the Clerk be ordered to record the Same.

 

Estate of JACOB NOGLE, Dec.

 

This day comes LEONADAS WILSON, admr. of JACOB NOGLE, Decd and presented his petition praying the Court for an order to sell the real Estate Belonging to Said Estate [to] pay the Debts [&] Court Charges. Ordered by the Court that said prayer be granted and that said admr. proceed to sell said land as the state (?) directs.

 

Page 94

 

October Term A. D. 1869

 

Estate of E. ROLAND, Deceased,

 

Now this day come J. H. K. PACE, administrator of the Estate of E. ROLAND, Dec. and filed his Account & vouchers for final Settlement of Said Estate. And it appearing to the Court that notice has been Given in the McKinney Messenger, a Weekly Newspaper published in the Town of McKinney, for the space of twenty days. And no one appeared to Show cause why Said Estate Should not be closed, and it further appearing to the Court that all the debts had been paid, and all Court Charged paid and nothing remaining in the hands of the Admr., It is ordered and decreed by the Court that Said Administrator be and is hereby discharged from the Administrations of this Estate and that this Succession be closed.

 

Estate of E. W. WITT, Decd.

 

Now this day Comes J. H. K. PACE, administrator of the Estate of E. W. WITT, dec. and filed his account & vouchers for final Settlement of Said Estate. And it appearing to the Court that notice has been Given in the McKinney Messenger, a Weekly Newspaper published in the Town of McKinney, for the space of twenty days And no one appearing to show Cause why Said Estate Should not be closed, and it further appearing to the Court that all the debts had been paid and all Court charges had been Settled, And nothing remaining in the hands of the Administrator, It is ordered and decreed by the Court that Said administrator be and is hereby discharged from this administration of this Estate and that this Succession be closed.

 

Estate of VIRGINIA C. McGREGOR, Non mentis Compos

 

Now this day comes S. McGREGOR, Guardian of the Estates of VIRGINIA C. McGREGOR, non compos mentis and Presents his petition to the Court praying the Court for an order to Sell the Real property belonging to said Estate to pay the Charges against said VIRGINIA (?) as well as the Court Charges &c.

 

Ordered by the Count that the said prayer be granted and that the said Guardian proceed to sell said lands as provided by the statute in such case made & provided…

 

Page 95

 

October Term

 

Estate of JOHN & LYDIA GRAYUM Dec.

 

Now this day Comes PERRY GRAYUM, Admr. of JOHN & LYDIA GRAYUM, Dec. and files an additional inventory & appraisement in said Estate.

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

 

Estate of C. F. GEORGE, a minor.

 

Now this day Comes J. K. GEORGE, Guardian of C. F. GEORGE, a minor, and filed an inventory and appraisement of the property belonging to Said Estate. Ordered by the Court that the same be approved and the Clerk ordered to place the same on record.

 

Estate of C. F. GEORGE, a minor.

 

Now this day Comes J. H. GEORGE, Guardian of C. F. GEORGE, a minor, and represents to the Court that all the property of said ward is of a perishable nature and will be subject to waste by Keeping. And prays the Court that an order be granted to him to Sell the personal property of said ward on a Credit of 12 months. Ordered by the Court that the Said prayer be granted and that the Said Guardian proceed to Sell said property on a credit of 12 months with approved security.

 

Estate of THOS. C. GEORGE, a minor.

 

At this time came J. H. GEORGE, Guardian of the Estate of THOS. C. GEORGE, a minor, and represents to the Court by Petition that all the personal property of Said ward except one Bed is of a perishable nature and will be Subject to waste by Keeping. And prays the Court that such order be granted to him to Sell the personal property of Such ward on a credit of 12 months. Ordered…

 

Page 96

 

October Term 1869

 

…by the Court that Said prayer be granted and that the Said guardian proceed to sell all the personal property (except a bed) belonging to Said Estate on a credit of 12 months by taking approved Security.

 

Estate of MARY GEORGE, a minor.

 

Now this day Comes J. E. CAROUTH, Guardian of the Estate of MARY GEORGE, a minor, and filed with the Court an inventory and appraisement of the property and effects belonging to Said Ward. Ordered by the Court that the same be approved and placed upon Record by the Clerk.

 

Estate of MARY GEORGE, a minor.

 

At this time Came J. E. CAROUTH [JAMES ELDRIDGE CARRUTH] by petition and represents to the Court that all the personal property belonging to said Estate is of a perishable nature and subject to waste by Keeping. And prays the Court that an order be granted to him to Sell the said personal property belonging to Said Estate on a credit of 12 months. Ordered by the Court that said prayer be granted and that said guardian proceed to sell the personal property aforesaid on a credit of 12 months with note and approved Security.

 

Estate of S. BOGART, Decd.

 

At this time Came JOHN NELSON, Administrator a bonis non of the Estate of SAMUEL BOGART, decd. And represents that at the door of the Court house in the town of McKinney in the County of Collin on the 1st Tuesday in October 1869 after due and legal notice Given Both in Collin and Denton Counties he Sold upon a credit of 121 months to the highest bidder at public auction the following described real Estate belonging to the Estate of Said decedent to FRANCIS SCHIMPHE for one hundred and twenty dollars, he being the highest and the best bidder on the same, to wit: a hundred one half interest in and to the following described land Situated in Denton County, Texas on the waters of Little Elm fork of Trinity River About 15 3/4 miles N 70° E from Denton by virtue of Certificate 1/4 293 Issued by the Commissioners of the General land Office No[v] 19, 1855 for the unt____ balance of headright Certificate No. 92 Issued by the Board of land Commissioners of Titus Co., Feb 13, 1850 beginning at the NE Corner of J. Ray and the South East Corner of W. L. Ray's preemption Survey…

 

 

Page 97

 

October Term A. D. 1869

…Thence East 1335 vrs. A stake on Robert Cervan's (?) line Thence N 1129 vrs. said Cervan's line to a stake Thence west vrs. to a stake in Prairie Thence South 1129 vrs. to Beginning. Containing Two Hundred and sixty seven varas. Ordered by the Court that the Sale of said Lands by said Adm. de Bonis non be in all things confirmed and that the Said Administrator proceed to make to the said Schimpffa (Schimmelpfenning?) a good and sufficient deed for Said premises by retaining a lien upon said property by mortgage with good and sufficient sureties for the purchase money.

 

Note: Administrator de Bonis Non is a person appointed to administrate the effects of the deceased person which have not been included in a former administration.

 

F. M HAVENS

 

vs. This day Come F. M. HAVENS and represents to the Court that

C. BENNIE (BERNIE OR BOWIE?) made a deed to his two (?) Sent for a certain tract

The Heirs of BENNIE of land of one hundred & 1/2 acres of land out of the William B. Williams

 

Headright Survey that Both of the Sons died during the war, one of them leaving a wife and one child, the other Son leaving no issue. Your petitioner has since purchased of C. BENNIE (BOWIE?), the Father, and heir of JAMES BENNIE, his interest in said tract of land, and prays the Court that Commissioners may be appointed to divide the Said tract of land and set apart By metes & Bounds his undivided 1/2 interest in said land. And that a guardian Ad Litem be appointed to represent the interest of the minor heirs of said deceased. Therefore lit is ordered and decreed by the Court that Said prayer be granted and that D. D. GRAHAM, JAMES THOMPSON, WM. CHAPMAN & JOHN DAVIS be appointed said Commissioners and that OREN HOWELL be appointed guardian Ad Litem to said minor child.

 

Estate of ISABEL R. LEADBETTER, a minor

 

At this term Came JAMES T. COLEMAN, Guardian of the Estate of ISABELLA R. LEADBETTER, a minor and presents to the Court an Inventory and appraisement of the Estate of his said Ward. Ordered by the Court that the same be approved and placed upon Record by the Clerk.

 

Estate of DAVID WYLIE Decd.

 

Now this day Comes JOHN A. (?) WYLIE, Administrator with the will annexed of DAVID WYLEY deceased and prays the Court for an order to sell all the property belonging to said Estate according to the tenure (?) of the will which should be done on the death of Mrs. WYLIE, which occurred on the 12th Oct 1869. Ordered by the Court that Said Administrator proceed to Sell Said property according to the terms set forth in the will of Said Decedent and make report of his _____(proceedings?)….

 

Note: Administrator with Will Annexed is a person appointed administrator of decedent’s estate after executor named in will refused to act.

 

Page 98

 

October A. D. 1869

 

Estate of the Minor Heirs of Wm. FOSTER Decd.

 

Now at this term of the Court Came JOHN HAVENS, guardian of the minor Heirs of the Estate of WM. FOSTER Decd. and filed a bill of Sale of the property belonging to Said Estate. Ordered by the Court that Said sale be approved and the Clerk ordered to record the Same.

 

Estate of the Minor Heirs of A. HERRINGTON, Decd.

 

Now this day Comes SILAS HERRINGTON, guardian of the minor heirs of ALFORD (ALFERD) HERRINGTON, Decd and represents to the Court that there is some stock--Both horses & cattle Belonging to the Estate of Said Minor heirs that are very much scattered and are going no good for the heirs, that difficulty exists in collecting them for public Sale & prays the Court for an order to Sell Said Stock to the best advantage for the Said heirs as they may be found to at private Sale. Ordered by the Court that the Said prayer be granted and that said guardian proceed to Sale Said Stock at private Sale and make return of his proceedings to this Court.

 

Estate of PETER E. PULLIAM, Dec.

 

Now this day Comes DAVID E. LENDERS (?) Admr. of the Estate of PETER E. PULLIAM Deceased and prays the Court for permission to correct (?) his inventory therein filed in this Court, the Claim a note against JESSE COFFEY for $6l5.00 is not the property of the Estate but the property of JOHN S. MOODIE. A tract of land lying in Hunt County and designated in the original Inventory as Containing 83 acres should be 53 acres.

Ordered by the Court that the prayer be granted and Said Admr. have leave to amend.

 

Estate of MINERVA MAY HERRINGTON, a minor.

 

This day Came SILAS HERRINGTON, guardian of MINERVA MAY HERRINGTON, and filed his annual Report of the Condition of Said Minor's Estate. Ordered by the Court that the Same be approved.

 

Page 99

 

October Term 1869

 

Estate of JOHN H. HERRINGTON, a minor.

 

Now this day Comes SILAS HERRINGTON, guardian of JOHN H. HERRINGTON, a minor. And filed with the Court his annual report of the Condition of his said Ward's Estate.

Ordered by the Court that the Said Report be Approved.

 

Estate of JOHN HAGGART (HAGGARD?), Decd.

 

Now this day Came JOHN T. HAGGART, Adm. of JOHN HAGGART dec. and presented to the Court his Account for Settlement of Said Estate and asking to be discharged from the succession. And lit appearing to the Court that Notice has been given in the McKinney Messenger, a newspaper published in Collin County for 20 days prior to the term of the Court.

And it appearing to the Court that there is yet due from the administrator and in his hands belonging to the Estate the sum of $291.05. and the Costs in this behalf due the present Court, It is ordered by the Court that when the said administrator shall pay the Heirs of Said Estate the Said Sum of 291.05 as well as the Court fees then the Said Administrator shall be discharged and the succession closed.

 

Estate of K. F. ROEMMELLE, Dec.

 

Now this day Comes W. H. ANDEREWS executor (?) of the last will and testament of K. F. ROEMMELLE Dec. and filed with the Court his Inventory & appraisement of the Real & personal property of Said Estate. Ordered by the Court that the said Inventory and appraisement be approved and placed on Record by the Clerk.

T. Bowlby, J. C. C.

 

Page 100

 

November Term A. D. 1869

 

Court met pursuant to Law To transact the Business of Estates for the County of Collin at the Court house in the town of McKinney on the 29th day of November A. D. 1869.

 

Present Hon. S. Bowlby Co. Judge

G. W. Patterson Co. Clerk

 

When the following proceedings were had-

 

Estate of C. F. GEORGE, a minor.

 

Now this day Comes J. H. GEORGE, Guardian of C. F. GEORGE, a minor and files a Sale Bill of the personal Property of Said Estate. Ordered by the Court that the same be approved and that the Clerk do record the Same.

 

Estate of MARY GEORGE, a minor.

 

Now This day Came J. E. CARRUTH, Guardian of MARY GEORGE, a minor and filed a sale Bill of the personal property of Said Estate. Ordered by the Court that the same be approved and the Clerk ordered to record the same.

 

Estate of THOS. GEORGE, a minor.

 

Now this day Comes J. H. GEORGE, Guardian of THOS. GEORGE, a minor and filed his Bill of sale of the personal property of Said Estate. Ordered by the Court that the same be approved and that the Clerk record the same.

 

Estate of J. M. & ELZA BOUNDS, Dec.

 

Now this day comes J. F. STEWART, Admr. de Bonus non of the Estate of J. M. & ELZA BOUNDS, Decd. and made the following report of sale of Real Estate belonging to the Estate of J. M. BOUNDS, Dec. to wit that in pursuance of the Orders of the Court he proceeded to sell at the Court house door in the town of McKinney on Tuesday the 2nd day of November A. D. 1869 between the hours of 10 and 2 o'clock the…

 

Page 101

 

November Term 1869

 

…following described Term Lots in McKinney to wit Lot No. 75 in Block No. 10 and the whole of Block no. 46. For the first lot No. 75 in Block 10 Wm. B. Logan because the Purchaser bidding therefore One hundred and thirty three dollars ($133) currency being the Highest and best bid. For the second Block No. 46 William J. Walker because the purchaser bidding therefore the Sum of two hundred and ninety seven dollars currency being the highest and best bid. Thereupon It is ordered and decreed by the Court that the said Sale be in all things confirmed and that the said administrator De Bonis Non proceed to make the Said purchasers good and sufficient Titles to the same, reserving a lien upon the same for the purchase moneys.

 

Estate of M. C. CHRISTIE, A Minor.

 

Now this day Comes SAMPSON CHRISTIE, Guardian of M. C. CHRISTIE, a minor, is the owner of one hundred interest in two tracts of land in conjunction with GEORGE CLIVE who has purchased the shares of his Co-tenants. He also Represents that said interest has been sold to said GEORGE CLIVE for about (?) Five hundred dollars in gold and that a portion of the purchase money for the same was due. Wherefore he represents that the Condition of Said interest is such that no public Sale can be made, and he prays that he be authorized to Convey said interest to Said CLIVE in accordance with said agreement. Whereupon it is ordered and decreed by the Court that the Said prayer be Granted and that the Said SAMSON CHRISTIE, guardian as aforesaid Proceed to make to the Said GEORGE CLIVE a deed for the undivided interest of the Said Ward M. C. CHRILSTIE, according to the provisions of Said agreement.

 

Estate of MARGARET J. WISENANAT, a Minor.

 

Now this day Comes W. M. WEAVER (?), Guardian of the Estate of M. J. WISENANT, a minor, and presents his final account and asks to be discharged from said Guardianship. And it appearing to the Court that said Ward is now a married woman and capable of taking…

 

Page 102


November Term 1869

 

…Charge of her own property and the Said MARGARET J. Together with her husband appeared in Open Court and made final settlement with the Said Guardian to there (sic) own satisfaction and that of the Court. And the Court fees all paid. It is ordered by the Court that the Said W. M WEAVER guardian as aforesaid be and is hereby discharged from such Guardianship.

 

Estate of L. J. SMITH, a minor.

 

Now this day Came SCOTT (sic), Guardian of L. J. SMITH, a minor, Representing to the Court the condition of his Ward's Estate during the last year.

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

 

Estate of the Minor (blank space) SMOOT Dec.

 

Now this day comes LEIZZA SMOOT, in Person and represents to the Court that her Two Children to wit, WALTER EDMUND & WALTER (sic) B. (blank space) SMOOT are minors under the age of 14 years of Age having no Legal Guardian and that they have some lands left to them by the will of their late father (blank space) SMOOT Decd. and pray the Court that She may be appointed Guardian of the person & estate of her two minor children. Ordered by the Court that Said prayer be granted and that the said LEZZA SMOOT be and is hereby appointed guardian of the persons & Estates of her two minor Children to wit WALTER EDMUND & JOHN BRAGG SMOOT and that W. M. WEAVER, (blank space) OGLESBY & H. C. THURMANS (?) be appointed to appraise the property of Said Estate.

 

Page 103

 

November Term 1869

 

Estate of M. & C. MALLOW Dec.

 

Now this day Came O. P. MALLOW, administrator of the Estate of M. & C. MALLOW Decd. & Presented to the Court a report of the sale of the Real Estate belonging to said Estate to wit: that on the 1st Tuesday in November he sold at public out cry between the hours prescribed by law the tracts of Land herein after described. And that JOHN T. CUMMININS became the purchaser being the highest & best bidder at $13 per acre on twelve months time. Secured as the law directs and petitioner asks that Said Sale be confirmed and orders made directed him to execute a deed for Said land. The lands Sold are described as follows: 1st tract Situated & lying in the County of Collin on the east Fork of Trinity River Contained by Estimate 420 acres of land Beginning at a Stake from which a Spanish Oak mkd. J. C. F. brs. North 66° West 14 varas Thence North 1343 varas Through prairie a stake from which a hackberry mkd. J. C. F. brs. North 57° West 77 varas Thence West 1151 varas cross Spring Creek 1680 varas to a Small tree from which an ash brs. South 60 East 4 varas mkd. J. Y. Thence South 1343 varas to a small red Elm from which as Ash brs. North 6 varas makd I. F. Thence East 1680 varas to a stake from which a spanish oak mkd. I. D. F. brs. N 66° to the place of Beginning. Also one tract containing 80 acres being in the said county of Collin on Trinity River beginning on J. C. Fuller/s n E Corner Thence East 689 varas a stake Thence South 661 varas a stake in Polly A. Boon's South Boundary line Thence west along Said Boon's line 689 varas to the corner of Moses Clement's corner on J. C. Fuller's east boundary line. Thence North along Said Fuller's line 661 varas to the place of Beginning a records of Both tracts will be found in Book H., page 161 Collin County records - deed from Holsell & wife to M. MALLOW. Also six acres of land in two tracts, one 2 1/2 and the other 3 1/2 Sold by Simpson M. Pulliam through his att_____ (attorneys?), Marshall S. Pulliam and Jordon O. Starayhorn to MICHAEL MALLOW by deed dated December 18th 1855 and recorded in Book J, page 99, 100 Collin Collin (County?) records, making in all 506 acres less 250 acres Sold by said MICHAEL MALLOW in his life time to OLIVER P. MALLOW and STEWART O. MALLOW to wit: 125 acres to OLVER P. MALLOW by deed dated May 16 in 1869 and Collin County Records and 125 acres to STEWART D. MALLOW by deed dated may 16, 1859 Recorded in Book M, page 325 Collin County Records for field notes reference is here made to records of said deeds leaving 251 acres purchased by Said JOHN R. CUMMINS at $13 per acres in the aggregate $3338.

 

Page 104

 

November Term 1869

 

(It is) therefore ordered and decreed by the Court that Said Sale be and is hereby Confirmed and that the said Administrator proceed to make to the said Purchaser JOHN R. CUMMINS a good and sufficient deed for Said premises according to law.

 

Community Estate of F. C. WILMOTH and his deceased wife, AMANDA WILMOTH.

 

Now this day Comes F. C. WILMOTH, Surviving husband of AMANDA WILMOTH, Decd. and filed his application praying the Court that appraisers may be appointed to appraise the Community property of Said Estate. Ordered by the Court that Said prayer be granted and that G. Y. YANTIS, G. L. PATTEN & R. SCALF be and are appointed appraisers to appraise the property of said Estate.

 

Community Estate of F. C. WILMOTH and his deceased wife, AMANDA WILMOTH.

 

Now this day Came F. C. WILMOTH, Surviving husband of AMANDA WILMOTH, deceased and filed in the County Court an appraisement and inventory of the Community property of the said F. C. & AMANDA WILMOTH. Ordered by the Court that the said Inventory & Appraisement be and is hereby approved - and the clerk ordered to record the same.

 

Estate of WILLIAM L. SIDWELL, a minor.

 

Now this day Came W. W. TURNER by petition and also in person praying the Court that he may be appointed Guardian of the Estate & person of the Estate of WILLIAM L. SIDWELL, a minor. Ordered by the Court that the Said W. W. TURNER be and is hereby appointed Guardian of the Person and Estate of the said WILLIAM C. SIDWELL, a minor upon his giving bond and taking the oath prescribed by Law and that JAMES MAXWELL, THOMAS DUNIER (?) & (blank space) be and are hereby appointed appraisers of said estate.

 

Page 105

 

November Term 1869

 

Estate of S. L. HUFFMAN (sic), a Minor.

 

Now this day Came E. L. HUFFMAN, guardian of the Estate of S. L. HERRINGTON (sic), a minor, and presented to the Court the Annual account of the Condition of his said Ward's Estate. Ordered by the Court that the Same be approved.

 

Estate of MAY CATHERINE & LEATITIA REAGAN, Minors

 

At this term of the Court Comes S. COFFEY, Guardian of the estate & persons of MAY CATHERINE & LEATITILA REAGAN, minors and represents to the Court that the personal property belonging to Said minors is insufficient for their proper support and Education and prays the Court that he may have an order to sell the personal & Real estate of Said minors. Ordered by the Court that the said Prayer be granted So far as selling the personal property of said minors and that said Guardian proceed to sell the personal property of Said minors as the law directs.

 

Estate of JAMES HENDRIX, a Minor.

 

Now this day Comes JACOB MOORE, Guardian of JAMES HENDRIX a minor, and filed his annual Report of the Condition of said Estate. Ordered by the Court that the same be approved.

 

Estate of M. & C. MALLOW, Decd.

 

At this time Comes O. P. MALLOW, Admr. of M. & C. MALLOW decd and filed his application Representing to the Court that there is yet some Corn, oats, wheat & hay & prays the Court for an order to Sell the same to the highest bidder for cash in hand. Ordered by the Court that the Same be approved.

 

Page 106

 

November Term 1869

 

Estate of ALFERD HERRINGTON Decd.

 

[note: the following is marked with an "X" and notation "Error"]

 

Now this day Comes SILAS HERRINGTON & CHARLES V. QUESENBERRY by petition and represents to the court that five or six years have Elapsed since the death of said deceased and the Heirs at Law are now all or nearly arrived at the age of maturity and it is the desire of all the parties interested that there should be a partition of the Landed Estate of said deceased as well those lands which were held by said deceased in his life time separately in his own right as other land held by him in Common with SILAS HERRINGTON and that there are no Debts outstanding against the Estate of said deceased as Should or had (?) present a petition of the same among the heirs at law. Wherefore it is prayed of the Court that at the next term of this Court it will appoint commissioners to divide the landed Estate of said deceased among his heirs at Law as well to separate and divide the Lands held in Common between Said deceased and SILAS HERRINGTON. Whereupon it is ordered and decreed by the Court that said prayer be granted and that (blank) be and are hereby appointed Commissioners to make partition of said Estate to the heirs at Law as prayed for in said Petition.

 

 

Estate of GEORGE RIGGS, Decd.

 

Now this day Comes ELIZABETH A. COOPER & G. R. COOPER by petition and represents that after the death of GEORGE RIGGS former husband of ELIZABETH A. COOPER, upon her petitions an inventory of the Community property of Herself and deceased husband was returned to your Honorable Court as required by law, the appraisement to $965.00 Consisting of certain real Estate & personal property, which was examined & approved by the Court at the Feb Term 1866 and that afterwards in the year 1868 the Said ELIZABETH A. intermarried with GEO. R. COOPER & prays that Letters of Administration be granted to the Said ELIZABETH in conjunction with her Said…

 

Page 107

 

…husband GEO. A. COOPER. Ordered by the Court that said prayer be granted and that the Said ELIZABETH A. COOPER and GEOR. A. COOPER be and is hereby appointed administratrix and administrator of the said Estate of GEORGE RIGGS upon their giving Bond and taking the oath prescribed by law.

 

Estate of P. MULL, Decd.

 

It is ordered and decreed by the Court that there be allow to ________MULL, the surviving wife of P. H. MULL, Deceased out of the proceeds of said Estate the sum of two hundred dollars.

 

Estate of the Minor Heirs of LEROY (?) CLEMENT, Decd.

 

Now this day Comes JANE E. CLEMENT and represents that there is Some Lands belonging to her minor children from the Estate of their Grandfather MANNEU (?) CLEMENT Decd. which required that Some legal representative be appointed to take charge of Said property and prays the Court that she may be appointed Guardian of her Said minor children, THOMAS Mc CLEMENT aged 12 years & (blank) CLEMENT 4 (?) Years (?). Ordered by the Court that the Same be approved and that the said JANE E. CLEMENT to band is hereby appointed Guardian for said minor children upon her giving bond and Security & taking the oath prescribed by law & that R. E. MOORE, JOHN M. KINCAIDE & GEO. A. WILSON (?) be appointed appraisers to appraised the property said minors.

 

Page 108

 

December Term A. D. 1869

 

Court met pursuant to law to transact the business of Estates for the business of estates for the County of Collin at the Court house in the town of McKinney on the 27th day of December A. D. 1869.

Present Hon. S. Bowlby, Co. Judge

G. W. Patterson, Clerk

 

When the following proceedings were had -

 

Estate of NANCY C., CYNTHIA A., WM. EDWARD & JAMES W. THOCKMORTON, Minors.

 

Now this day Came JAMES W. THOCKMORTON by petition and also in person. And represents that there is an Estate in money which is in the hands of GEO. WHITE of this county belonging to the Heirs of WADE (?) THOCKMORTON, the Amount being about 132 Dollars in currency and that the Heirs are minors living with their Mother, ELIZA WILSON , in Grayson Co. and prays the Court that he (?) may be appointed the Guardian of the said minor children.

Wherefore the Court being duly satisfied that notice has been given and no person appearing to object to said appointment. It is ordered and decreed by the Court that he said J. W. THOCKMORTON be and is hereby appointed Guardian of NANCY C., CYNTHIA A., Wm. EDWARD & J. W. THOCKMORTON, minors upon his given bond and taking the oath prescribed by the statute.

 

Estate of the Minor REAGAN Heirs.

 

Now this day Comes S. COFFEY, Guardian of LETITIA & MARY CATHERINE REGAN, minors, and returned a list of Sale of the personal property of Said minors. Ordered by the Court that the same be approved.

 

Page 109

 

Community Estate of JOHATHAN ALLEN & his surviving wife, MARTHA ALLEN.

 

Now at this time Came MARTHA ALLEN, Surviving wife of JONATHAN ALLEN, deceased and represents that her deceased husband at this death owned in common with petitioner real and personal property of which she herewith filed an inventory and asks that the same be approved that the Said Estate be Committed to here care under the Law governing Community Estates. Ordered by the Court that the said prayer be granted and that JOHN FITZHUGH, S. P. BURNS & JOHN H. ORENDUFF be appointed appraisers &c.--

 

Community Estate of JONATHAN ALLEN & his surviving wife, MARTHA ALLEN.

 

Now this day Comes MARTHA ALLEN, Surviving wife of JONATHAN ALLEN Deceased and filed her Inventory & appraisement of the community property of herself and her deceased husband JOHATHAN (sic) ALLEN. Ordered by the Court that the Same be and is hereby approved and that the Clerk record the same.

 

Estate of PETER E. PULLIAM, Dec.

 

Now this day Came DAVID E. LONDON, administrator of PETER E. PULLIAM Deceased and represents to the court that the ready money and solvent claims in his hands belonging to Said Estate there is none. And besides the sum of fifty dollars, Expenses of Administration, the , the Claims against the Estate which have been allowed are $422.00 and in order to meet Said indebtedness it is necessary to Sell Some of the property of said Estate and recommend (?) that the following property be Sold to meet Said indebtedness to wit: One hundred and nine Acres in Collin County, One hundred and sixty acres in Lamar County, Six hundred and forty acres in Wise County, one storehouse in the town of McKinney In Collin County. Therefore it is ordered and decreed by the Court that the said administrator of the Said Estate of PETER E. PULLILAM be and is hereby ordered to proceed to sell the property above mentioned in the manner and form prescribed by the statute.

 

 

Page 110

 

December Term A. D. 1869

 

Estate of ALFRED HERRINGTON, Deceased.

 

At this day came the Heirs at Law of ALFRED HERRINGTON Deceased, also SILAS HERRINGTON in his own right praying for partition of the landed Estate of Said ALFRED HERRINGTON, deceased among said heirs at Law. Also for partition of land held in Common by said ALFRED HERRINGTON in his life time with said SILAS HERRINGTON as partner and it appearing to the Court that the following named persons resident of Collin County, and State of Texas are all the heirs at law of said ALFRED HERRINGTON, deceased entitled to partitions and distributions of his Estate to wit: SILAS CATES (?) HERRINGTON, Son of Said deceased represented in this Court by ELIJAH LEITER HUFFMAN, his Guardian and MARY DERELLA (?) QUESENBERRY, daughter of said deceased represented in this Court by CLAUDIUS V. QUESENBERRY, her husband, and JOHN HUFFMAN HERRINGTON, Son of Said deceased and minor MAY HERRINGTON, daughter of Said deceased represented in this Court by SILAS HERRINGTON, their guardian. And it appearing that Said SILAS HERRINGTON, Guardian as aforesaid has an undivided partnership interest in his own right with the lands of Said deceased which is sought to be divided and Set apart herein. It is ordered that WM. N. BUSH be appointed guardian ad Litem to represent the interests of Said JOHN H. and minor MAY HERRINGTON in this partition and it further appearing to the Court that no advancements have been made to any of said child by their father, ALFRED HERRINGTON, during his life time and that the following is a correct description of the lands of Said deceased Sought to be divided and partitioned herein To wit:

One tract in the name of Alex M. Hatfield

320 acres

One tract in the name of Alfred Herrington

160 acres

One tract in the name of Joseph M. Bounds

150 acres

One tract in the name of George Massie (?)

640 acres

One tract in the name of E. L. Huffman

45 acres

One tract in the name of Parmelia McCants

150 acres

One tract in the name of Elizabeth Larner

160 acres

One tract in the name of Mrs. John Moor

15 acres

One tract in the name of John Huffman

130 acres

 

All the above tracts of land being situated in Collin Co., Texas. Also the following named tracts of land held…

 

Page 111

 

In common with SILAS HERRINGTON Surviving partner.

 

One tract in the name of Thomas West (?)

Containing 97 1/2 acres

One tract in the name of David Cook

160 acres

One tract in the name of Geo. H. Pegues

78 1/4 acres

One tract in the name of C. M. Fox

80 acres

One tract in the name of Rachel Herron (?)

160 acres

One tract in the name of Thomas West

222 1/2 acres

 

 

Also one half of Land held by deed from Jas. B. Emmus (?) assignee of Sylvester Millicans less 200 acres part thereof lost in suit with Harrison Brummett in District Court, Collin Co. amounting [to] 372 1/2 acres. All the above partnership lands Situated in Collin Co., Texas.

Also one tract in Denton County, Texas not in partnership in the name of Jas. B. Emmons….95 acres.

Also one tract in Grayson County, Texas not partnership in the name of Miller & Sloan……1100 acres.

It is therefore considered adjudged and decreed by this Court that GEORGE WHITE, WM. M. BUSH, JOHN CROGIN (?), JAMES WILCOX and JOHN FIELDS be appointed Commissioners of this Court to partition and divide Said tracts of land above enumerated among said Heirs at law being four in number by assigning and setting apart to Each one of said heirs at Law above named on Equal fourth part thereof after separating and Dividing the same from the lands held in Common with SILAS HERRINGTON, one of the petitioners herein and it is further ordered that said Commissioners be furnished with a copy of this decree and all necessary title deeds and documents which may be in possession of Said SILAS HERRINGTON as surviving partner and Administrator of said ALFERD HERRING, Deceased and that a write of partition issue to said Commissioners commanding them to make partition forthwith (?) according to this decree and make return of their actions herein to this Court at it March Term next a_____? or sooner if Convenient or possible.

 

Estate of GEORGE RIGGS, Dec.

 

At this time Came GEORGE R. COOPER & his wife, ELIZABETH COOPER, admr. & admx. Of GEORGE RIGGS Dec. and files the Inventory & Appraisement of the property and effect[s] of GEOREGE RIGGS, Decd. Ordered by the Court that the Same be approved.

 

Page 112

 

December Term A. D. 1869

 

Estate of DAVID WYLIE, Decd.

 

At this Term of the Court Came JOHN N. WYLIE, Administrator with the will annexed of DAVID WYLIE, Deceased and presented his Sale bill of the personal property of Said Estate. Ordered by the Court that the same be approved and that the Clerk do record the Same.

 

Estate of DAVID WYLIE, Deceased.

 

Now this day Came JOHN N. WYLIE, Admr. with the will annexed of DAVID WYLEY (sic), Deceased and showed to the Court that at the door of the Court house in Said County of Collin on the 7th day of December A. D. 1869 by virtue of an order of the probate Court made at the October Term A. D. 1869 the said administrator after due and legal notice given Sold upon a Credit of 12 months to the highest bidder at Public auction the following real Estate to wit: Two hundred and thirty four acres of land lying in said County a full and correct account of which is respectfully submitted to your Honor's Court, and at the time and place above and between the hours prescribed by law and in obedience to the order of Said Court on the day aforesaid did offer to the highest bidder in manner 7 form as aforesaid at which time & place A. C. Lacy became the highest & best bidder for the Sum of $14 30/100 per acre. And that the Said 234 acres of land belonging to said Estate has duly knocked off to the Said A. C. Lacy he being the highest and best bidder for the dame at the price above state to wit $14 30/100.

Wherefore it is ordered and decreed by the Court that the said Sale be approved and in all things confirmed and that the said administrator with the will annexed proceed to make to the Said A. C. Lacy a good and sufficient deed of Conveyance under the rules and laws set forth and prescribed by the Statutes.

 

Page 113

 

December Term A. D. 1869

 

Estate of P. H. MULL, Deceased.

 

Now this day comes MRS. MULL, Surviving wife of P. H. MULL, Deceased and petition the Court to sell the undivided 1/2 of the Bridge across the east Ford on the McKinney and (smear) Road the said 1/2 interest being the property of her deceased husband. She asks for said Sale to pay her allowance made by the County Court for the support of her self and minor children. Ordered by the Court that the said administrator….(no more written).

 

 

Estate of T. Mc. & A. M. CLEMENT, minors.

 

Now this day Comes Mrs. JANE E. CLEMENT, Guardian of her minor children, THOMAS Mc. & LEE MANNEU CLEMENT, minors and represents to the Court that her minor children are the owners of two thirds of Eighty acres of Land in the WESTLEY (?) CLEMENT Survey left to said children by their Grandfather MANNEU CLEMENT deceased that said Land is in part timber and that it is suffering from depredators (?) and further that she is unable to educate her said child and prays the Court that an order be made authorizing her to Sell said premises for the Education of Said minor children.

Therefore it is ordered and decreed by the Court that Said Guardian as aforesaid proceed to sell said land at the Door of the Court house to the Highest bidder on a credit of 12 months. Said Sale to [be] governed in every respect according to the Law for the Sale of Minors' land.

 

 

Page 114

 

January Term A. D. 1870

 

Court met Pursuant to law to transact the Business of Estates for the County of Collin at the Court house in the town of McKinney on the 31st day of January A. D. 1870.

 

Present S. Bowlby, Co. Judge

G. W. Patterson, Co. Clerk

 

When the following proceedings were had--

 

Estate of SAMUEL SPURGEON, Deceased.

 

Now at this time Came WM. SPURGEON and presented to the Court an application & petition representing to the Court that SAMUEL SPURGEON departed this life without leaving any will so far as he Knows, leaving some property both real & Personal and prays the Court that Notice may be Given and that he may be appointed administrator of Said Estate. Whereupon it appearing to the Court that due notice has been given and no persons appearing to contest the Same, It is ordered and decreed by the Court that the said WM. SPURGEON be and is hereby appointed administrator of Said Estate upon giving security and taking the oath prescribed by the statute. It is further ordered that JAMES M. DUNLAP, J. HOUSEWRIGHT & J. SCOTT be appointed appraisers to appraise the property of said estate.

 

Estate of SAMUEL SPURGEON, Dec.

 

Now this day Came WM. SPURGEON, Administrator of the estate [of] SAMUEL SPURGEON Dec. and filed his Inventory and appraisement of the property and Effects of said Estate. Ordered by the Court that the same be approved and Recorded by the Clerk.

 

Estate of SAMUEL SPURGEON, Dec.

 

Now this day Came W. SPURGEON, Admr. of S. SPURGEON Dec. and Represents tot he Court that there are some Perishable property belong to Said Estate that the interest of said Estate requires should be sold. Ordered by the Court that said prayer be granted and said property offered for Sale.

 

Page 115

 

January Term 1870

 

Estate of VIRGINIA McGREGOR non compes mentes

 

At this day came S. McGREGOR, guardian of VIRGINIA C. McGREGOR non compes mentis and made return of Sale of the property belonging to said Estate as follows: would (?) make this his return of the Sale of 150 acres of land ordered to be sold by the Court at the October Term and would state that after advertising said land as the law direct we offered the same at public outcry at the Court house door in the town of McKinney on the 4h day of January 1870 (It being the 1st Tuesday in said month) on a credit of 12 months according to the provisions of said order when and where J. B. KING bid (?) to wit the sum of twelve hundred & fifty dollars which being the highest and best bid for the same Said land was knocked off to said KING at said price" (sic). It is therefore ordered and decreed by the Court that said sale be in all things confirmed and that the said Guardian S. McGREGOR proceed to make to the said KING a good and sufficient deed for said premises according to law in such cases made and provided.

 

Estate of JOHN McCLENAHAN, Dec.

 

Now this day came W. R. McCLENAHAN, Administrator of W. B. McCLENAHAN (sic), Dec. and filed his Final account & vouchers for final Settlement of said Estate. And it appearing to the Court that Said Estate had been all settled and nothing remaining in the hands of said administrator and that due notice had been given in the McKinney Messenger, a newspaper published in said County, for 20 days prior to this Settlement and no person appearing to Contest the same. It is ordered and decreed by the Court that the Said W. R. McCLENAHAN be and is hereby discharged from this administration and that the Succession is hereby closed.

 

Estate of JOHN B. & W. B. SMOOT, Minors

 

Now this day came LIZZA SMOOT, Guardian of W. B. & JOHN B. SMOOT, minors, and presented an inventory and appraisement of the property & effects of Said minor children. Ordered by the Court that the same be approved and ordered to be Recorded.

 

Page 116

 

Estate of J. S. BRADLEY, Deceased

 

Now this day Came DANIEL HOWELL, administrator of J. S. BRADLEY, Dec. and presented his petition & Final Account and asked to be discharged from this Estate and it appearing to the Court that there was no means (?) in his hand for disbursement and MOSES SPURGEON, Husband of CHARLOTT V. SPRUGEON, former wife of the said J. S. BRADLEY, appearing in open Court and paying the Court fees. It is ordered and decreed by the Court that the Said HOWELL turn over to the said CHALOTT V. SPRUGEON & her her (sic) Husband MOSES SPURGEON all the property that may be in his hands. And that that (sic) said Administration and that said Succession be closed.

 

Estate of W. A., JAMES M., DAVID H. ANDREWS, Minors

 

Now this day Came C. W. BLANTON by petition and also in person and represents to the Court that the Minor Heirs of H. G. ANDREWS, Deceased, to wit: WILLIAM A., JAMES MADISON & DAVID HENRY ANDREWS are minors and have been living with him for the last 4 years, that said minors have no legal guardians and that there is some landed property and other property belonging to said Minors in Davis (?) County, Texas that required that said children have a legal Representative and prays that he may be appointed said Guardian. Therefore the Court being satisfied that due notice had been Given and no one appearing to Contest the same, it is ordered and decreed by the Court that said C. W. BLANTON be and is hereby appointed Guardian of said minor Children upon his giving bond and security and taking the oath prescribed by law.

 

Community Estate of JOHN SPURGEON & his deceased wife.

 

Now this day Came JOHN SPURGEON and filed his petition representing to the Court that on or about the 9th day of November 1867, his wife JULIA ANN SPURGEON died in this County and that at the time of the death of this wife they were jointly possessed of Community property real and personal in Collin County to the value of $3,000 and prays the Court that he may be permitted to file an Inventory and appraisement of said Community Estate and that he may retain…

 

Page 117

 

January Term 1870

 

…possession of Said Estate. Ordered by the Court that Said prayer be granted and that JOHN McKINNEY, R. S. SNEAD & M. L. MORRIS be and are hereby appointed appraisers of Said Estate.

 

Community Estate of JOHN SPURGEON & his deceased wife.

 

Now this day Came JOHN SPURGEON and filed his Inventory of the Community property of himself and his deceased wife, JULIA ANN SPRUGEON. Ordered by the Court that the Same be and is hereby approved and that the Clerk do record the same.

 

Estate of JACOB NOGGE (sic-NAUGLE?) Deceased.

 

Now this day Came LEONIDAS WILSON, Administrator of JACOB NOGLE (sic) deceased and made report That in conformity to a decreed (?) order from Your Honor's Court at the November Term 1869, I proceeded to Sell the undivided interest in 320 acres, it being 160 acres of land being the Homestead of the late JACOB NOGGLE (sic) Deceased. After being advertised in three public places in Collin County, one of which was at the Court house door, Said property was offered for sale at the Door of the Court House in the town of McKinney on the first Tuesday in January 1870 Between the legal hours prescribed by law. BENJAMIN J. NAUGLE bid the sum of five Dollars & twenty five cents per acre Amounting to Eight hundred and forty dollars. This being the highest and best bid Said property was knocked off to the Said BENJAMIN J. NAUGLE for the Said Sum of Eight hundred and forty dollars. And prays that said Sale may be confirmed. 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 LEONIDAS WILSON proceed to make to the Said NAUGLE a good and sufficient deed for said premises in such form and matter as prescribed by the statutes.

 

 

Estate of MARTHA MARSHALL Dec.

 

Now this day Came JOHN S. LOVELADY, Executor of the Estate of MARTHA MARSHALL, Dec. and asks the Court that the Final Settlement of this Cause be continued to the next term of this Court. Ordered by the Court that the Same be continued.

 

Page 118

 

January Term 1870

 

Estates of Four of the Heirs of T. & A. HELMS, Decd.

 

Now this day Came WM. H. HERRON, Guardian of the Minor Heirs of THOMPSON & ABIGAL HELMS Deceased and filed his account current for Final Settlement with C. W. RICHARDSON & his wife, S. E. RICHARDSON, ELI HUTCHINSON & ALICE ANN HUTCHINSON, JAMES HELMS & MARY T. SNIDER & CHARLES SNIDER and the Said W. H. HELMS (sic-HERRON) producing to the satisfaction of the Court the Receipts in full from Said wards, and it appearing to the Court that all claims due said wards from Said Estate has been settled. It is therefore ordered by the Court that said WM. H. HERRON, Guardian as aforesaid be and is hereby discharged from said Guardianship and that Said Guardianship be closed.

 

Estate of ADALINE E. THOMASON, Dec.

 

Now this day Comes JOHN THOMASON and represented that ADALINE E. THOMASON departed this life in the state of Arkansas intestate leaving real Estate in this County and in the County of Denton, which Said Estate is yet unadministrated (sic) and prays the Court to grant him letters of Administration on said Estate. And it appearing to the Court that due notice had been given by the Clerk & no person appearing to contest the same. It is ordered and decreed by the Court that the said prayer be granted and that the Said JOHN THOMASON be and is hereby appointed administrator of Said Estate when Given Bond and taking the oath prescribed by the statute and that (line left blank) are hereby appointed appraisers to appraise said Estate.

 

Page 119

 

Estate of MANLEY S. BECK, Dec.

 

Now this day Comes VOLTAIN & FRANCIS ROUNDTREE, Executor & Executrix of the Estate of MANLEY S. BECK, Dec. and represents to the Court that 213 acres of land in inventory & Douglass (?) Survey is a 1/3 undivided Interest in the two following tracts to wit 1st Tract patented by letters No. 287, Vol. 11 dated June 1st 1854 Situated in Collin County about 14 1/2 miles south of McKinney Including fractional Section No. 32 in township 3, north of the first Base line in Range in Range 3 (sic) East of the first meridian by virtue of Certificate No. 79 Beginning 344 varas north of S. E. Corner of M. R. FOSTER'S 640 acre Survey Thence South 344 varas to the S. E. Corner of said Survey thence East 255 varas to the N. E. Corner of E. H. Dodd's Survey from which an ash bearing N 49 1/2 W 83 varas a Pecan bears S 33 1/4 E 225 varas both makd. X Thence South 1200 varas timber 1556 varas to a post from which a walnut bears N 80 E 4.05 (?). An ash bears S 19° E varas both makd. X Thence East 400 varas prairie 1152 vs. to the S. W. Corner of DANIEL HERRING Survey Thence North with his west line 1900 8 varas to a post in mound. Thence west 1360 varas to the place of Beginning. The other tract Patented by letters No. 288 Vol. 11 Same date in Collin County about 14 miles S 14 West from McKinney Beginning at the N. W. Corner of CHARLES K. VANCE'S 640 acres Survey Thence North 1407 varas to a post from which a Hackberry bears N 880 W 151 varas makd. X Thence East 950.4 varas to a post from which an Elm bears S 16 W 130 varas mkd. X Thence South 1407 to a post in mound Thence west 950 F (?) varas to place of Beginning, first tract contains 403 acres and the last tract 237 acres. Petitioners represent that the only paiter (?) interested in said land under their intestate are MARTHA DOUGLASS, a citizen of California, but not in this County and F. L. HARDWICK, a citizen of Collin County. Petitioners ask that commissioners be appointed to set apart the said one third interest in said land belonging to their decedent.

It is therefore ordered and decreed by the Court that G. H. PEGUES, J. M. SALMONDS (sic), E. KIRKPATRICK, WM. SACHES (?) & S. M. B. FOWLER (?) be and is hereby appointed Said Commissioners and that they proceed immediately to set aside Said interest and report immediately to this Court.

 

Page 120

 

January Tem 1870

 

Estate of GEORGE RIGGS, Dec.

 

Now this day Came G. R. COOPER and E. A. COOPER Admr. & Administratrix of GEORGE RIGGS Decd. and represent to the Court that the house and lot of land adjoining the town of Mantia in Collin County returned on original inventory and appraised at $300 is chiefly and principally of that value on account of the house on it, and represents that the house on said tract of land if rapidly perishing and wasting and will in a short time become worthless to the Estate and that Said property cannot be Kept up at the advantageous rents and that the best interest of the same Shall best be subserve (served?) by Selling the Same. And prays that Said property be Sold to the highest bidder &c.

Therefore it is ordered and decreed by the Court that Said admr. & adrx. Proceed to Sell said land including the terms prescribed by the statute.

 

Estate of JOHN L. WHITE, Deceased

 

Now this day Came ROBERT GARNETT by petition and represents that on or about the (blank) day of (blank) 1869 JOHN L. WHITE, citizen of Collin County, departed this life intestate leaving an Estate and _____? And asked that he may be appointed administrator of Said Estate. Therefrom the Court being satisfied that due notice has been given by the Clerk and no person appearing to object to Said appointment. It is therefore ordered and decreed by the Court that Said Prayer be granted and that Said ROBERT GARNETT be and is hereby appointed administrator of the Estate of the Said deceased upon his giving bond and surety and taking the oath prescribed. And that ROBERT WATTS, JOSEPH BRITTEN & WILLIAM GARNET be and are hereby appointed appraisers of said Estate.

 

Page 121

 

Estate of the Minor Heirs of E. M. YEAGER, Decd.

 

Now this day Came B. S. SHELLUM by petition and petitions the Court to grant him letters of guardianship for JERIAH (?) S. YEAGER, ROBERT W. YEAGER and JOSEPH S. YEAGER and ELIJAH M. YEAGER, Decd. and that the mother of said children declines acting as guardian for them and that there is no other relation in the state to whom they can apply to assume that relationship for them that said petition has said children in his charge as Step Father & claims the right to become their Guardian. Order by the Court that the said B. S. SHELLUM be and is hereby appointed Guardian of Said ROBERT W. YEAGER and JOSPEH S. YEAGER and ELIJAH M. YEAGER upon his giving bond and taking the oath as prescribed by the statute.

 

Estate of P. M. MULL, Dec.

 

IDA (ADDA?) MULL

 

Vs.

 

BLAKEMAN, Now this day Came ADDA MULL and represents to the Court that her father

Admr JAMES SMARR now dead in his lifetime held against P. H. MULL a certain Promissory notes executed 13 April A. D. 1867 for the sum of four hundred dollars bearing interest at 10 per cent from the date thereof and concurrent with said note a mortgage was duly made and executed to one half interest in a bridge across East fork near the town of McKinney on the (blank) Road and respectfully shows that her father, JAMES SMARR, now (?) decd. in his lifetime made and published his last will and testament which last will is duly Probated and now on file in the Clerk's office in which petitioner's Father did will and bequeath to petitioner the said note aforesaid so that petitioner is the owner of said note, and that said note has been presented and duly allowed by the administrator of said Estate to wit JOEL BLAKEMAN and also allowed by the County Judge. Wherefore she prays that a decree may be made ordering and decreeing that the said property so mortgaged as aforesaid or so much thereof as will satisfy said claim may be Sold together with the necessary Costs in this behalf experience and that said administration be cited &c.

Therefore the Said JOEL BLAKEMAN appeared and acknowledged Service (?) as Said Petition and (?) Service on Citation and showed no cause why said order should not be made. It is herefore ordered and decreed by this Court that the Said administrator (unreadable) to sell the (unreadable) Bridge to satisfy said claim and make report of his progress (?) to this Court (smear) sale to be for Case in hand (unreadable).

 

Page 122

 

January Term A. D. 1870

 

Estate of PETER E. PULLIAM, Dec.

Feb 5th, 1870

 

Now this day comes DAVID E. LOUDEN (?), administrator of the Estate of PETER E. PULLIAM, Deceased and made the following return of the Sale of the Property of said Estate deceased to wit:

 

The State of Texas

Collin County

In Probate Court January Term 1870

To the Hon. S. Bowlby, Judge of the County Court of Collin County, DAVID E. LONDON, administrator of the Estate of PETER E. PULLIAM decd. Respectfully shows that at the Court house Door in said County on 1st day of February A. D. 1870 by virtue of an order and decree of the Probate Court made at the December Term thereof 1869 the Said administrator of a due & Legal notice given Sold upo9n a credit of Twelve months from the date of sale to the highest bidder at Public out cry the following Real Estate to wit one hundred & nine acres lying in Collin County and six hundred and forty acres lying in the County of Wise and one hundred and sixty acres lying in Lamar County, a full and correct account of which is respectfully submitted to your Honor's Court and at the time and place above mentioned and between the Hours prescribed by law deed in obedience to the order of Your Honor's Court on the day aforesaid did offer to the highest bidder in manner & form as aforesaid at which time and place JOHN S. WOODIE (?) becomes the highest and best bidder which Said lands were stuck of[f] to the WOODIE at the following prices to wit the one hundred and nine acres lying in Collin was off as aforesaid at one Dollar and ten cents per acre, the six hundred and forty acres lying in Wise County was struck of[f] at the sum of thirty five Cents per acre, the one hundred and sixty acres lying [in] Lamar County was struck off at the sum of forty cents per acre and at the same time and place and under the order and decree of your Honor's Court made as aforesaid and after due and legal notice as aforesaid the administrator as aforesaid offered the Highest bidder one Store House in the Town of McKinney and one W. H. ANDREWS being the Highest and best bidder the said house was stricken off to the said ANDREWS at the sum of one hundred and fifty dollars. Wherefore you petitioners prays that this report may be received and confirmed and that he may be discharged from further report and as his duty bound petitioner will ever pray.

David E. London

 

Page 123

 

January Term 1870

 

Seen (?) to and subscribed before me This Feb. 4th, 1870.

G. W. Patterson, Clerk by Jno. N. Patterson, Dept. Clerk.

 

Whereupon the Court after Duly examining the reported Sale and all things being duly examined, the reported Sale and all thing being duly considered. It is ordered and decreed by the Court that Said Sale is in all things conformed and approved and that the Admr. DAVID E. LONDON, proceed to make deeds for said tracts of land to the said purchasers according to the terms of said Sale and according to the Statutes in such case made and provide and that the Clerk do record said report. (?)

 

Estate of JAMES STALLCUP, Dec.

 

At this Term of the Court THOMAS STALLCUP, administrator of JAMES STALLCUP, Deceased, was cited to appear and fill his annual report in said Estate. And it appearing to the Court that the said THOMAS STALLCUP was unable to appear at this term of the Court, It is therefore ordered by the Court that this Cause be continued untill (sic) the net term of the Court.

 

Estate of T. A. ELKIN, a minor

 

Now this day Came W. F. ELKIN, Guardian of the estate of T. A. ELKIN, Dec. and filed this Annual report of the Condition of his said ward's estate. Ordered by the Court that the Same be approved.

 

Estate of MANUEL (sic) S. BECK, Decd.

 

Now this day Came the Commissioners appointed to set aside to Said Estate the 1/3 interest in Two certain tracts of land (smear) made the following Report to wit: To the Honorable County Court of Collin Co.. February 4, 1870, we the undersigned Commissioners on the setting apart of the 1/3 undivided interest in the Estate of MANLY S. BECK, in two tracts of Land containing in all 640 acres Survey in the name of HEZEKIAH DOUGLASS having had the same under consideration make the following Report of Content and field notes of Said interest. Beginning 14 ch. and 48 lks. North of the South East corner of F. FOSTER 640 acre survey Thence South 214 chains and 48 lks. To said South East Corner Thence East 10 ch. And 73 lks. To the north east Corner of E. H. DODDS Survey Post From which an ash marked X bears south 49 1/2 west 3 ch…

 

Page 124

 

…and 49 lks and a Pecan mkd X bears South 33 1/2 ° East 9 ch. 47 lks. Thence South 37 chains and 20 lks Post in the west line of 403 acres Surveyed in the name of said DOUGLASS. Thence East 48 ch. 48 liks Post in DANIEL HERRING'S west line Thence North 51 ch. And 68 lks. Post Thence West 59 ch. And 21 liks to place of Beginning. Containing 266 acres taken from the North End of Said DOUGLASS 403 acre Survey.

 

The State of Texas Before me the undersigned E. W. Kirkpatrick

Collin County authorized personally ap- Geo. H. Pegues

peared E. W. Kirkpatrick, John M. Salmonds

G. H. Pegues, John M. Wm. Sachse

Salmonds & Wilamm Sachse, Commissioners appointed and made oath that the foregoing Report is true and just to the Best of their knowledge and belief. Sworn (?) and subscribed before me this 15 day of Feb. A. D. 1870-- G. W. Patterson, Clerk.

Therefore it is ordered and decreed by the Court that the Said Report be and is hereby approved.

 

Estate of DAVID WYLIE, Deceased.

 

At this time came J. N. WYLIE, administrator of DAVID WYLIE, Deceased by Petition and represents to the Court that heretofore to wit: at the October Term of the County Court pertaining to Estates, 1869, an order and decree was made authorizing the admr. of Said Estate to sell Two hundred and thirty four acres of Land the property of the said WYLIE decd. and being situated and lying in said County, Your petitioner in obedience to said order and decree of Said Court, after due and legal notice given of the day of Sale by posting Said notice at the Court house door and at two other public places in Said County, proceeded to sell on the 7th day of December A. D. 1869 at public out cry to the highest and best bidder the said two hundred and thirty five acres of land as aforesaid at which time and place to wit: on the 7th day of December A. D. 1869 A. C. LACY became the highest and best bidder thereof for the sum of ($14.30) fourteen Dollars and thirty cents per acre all of which has full set out in a report by said administrator at a prior term of said Court. Petitioner further represents that said A. C. LACY has totally failed, neglected and refused to comply with the requirements and terms of Said Sale to wit: that he has neglected and refused to give his note with the necessary Security and mortgage concurrent with Said Sale. Wherefore he prays…

 

Page 125

 

January Term 1870

 

…that said report as aforesaid be opened and set aside and that an order and decree be made for the sale of said land.

Wherefore it is ordered and decreed by the Court that Said prayer be granted and that the administrator JOHN N. WYLIE proceed to advertise as the law direct[s] and offer for sale at the door of the Court house Said property to the Highest bidder for U. S. Currency on a credit of one year upon the purchaser given mortgage on said premises & note & approved personal security.

 

S. Bowlby

J. C. C.

 

Page 126

 

February Term A. D. 1870

 

Court met pursuant to law to transact the business of Estates on the 28th day of February A. D. 1870 at the Court house in the town of McKinney.

 

Present S. Bowlby Co. Judge

G. W. Patterson co. Clerk

 

When the following proceedings were held:

 

Estate of MARTHA J. ROSS Dec.

 

Now this day comes F. J. VANCE, executor of the last will and testament of MARTHA J. ROSS, Decd., and prays the Court that the Said last will and Testament be admitted to Probate. Wherefrom H. (?) A. DERREBERRY one of the Subscribing witnesses appeared in open Court and made oath in due form that she saw Said MARTHA J. ROSS Sign Said last will and Testament in the presence of both the subscribing witnesses and called upon both the subscribing witnesses to witness the signing of the Same and declare she signed the same as her last will and Testament. Wherefrom it appearing to the Satisfaction of the Court that Due Notice has been given by the Clerk and no person appearing of object to the admitting to probate the Said Last will and testament, It is ordered and decreed by the Court that Said last will and Testament be admitted to Probate and that the Said F. J. VANCE proceed to take the oath as prescribed by the Statute and that H. A. DERREBERRY, JOHN DERREBERRY and THOMAS DYE be appoint appraisers for Said Estate & that the Clerk do record said will.

 

Estate of ROBERT KILGORE, Dec.

 

Now at this time Came W. G. PENDLETON, administrator of the Estate of ROBERT KILGORE, Deceased, and presented to the Court his final account as said administrator and prays the Court that he may be discharged from Said succession. And it appearing to the Court that all the debts have been paid and the Court fees duly discharged, And that there is still remaining in his hand to be paid to the following heirs the following Sums to wit to MARY B. CARTER of Scott Co., VA the Sum of $29.00, To QUEEN E. DAVIDSON, Cass Co., MO $19.66, To J. W. KILFORE of Washington co., Ark $3.16, all of which money has…

 

Page 127

 

February Term A. D. 1870

 

…deposted (deposited) with G. W. PATTERSON, Clerk of the Collin County Court at (it?) also appearing to the Court that due notice had been given for the term of twenty days in the McKinney Messenger, a newspaper published in the Town of McKinney and no person appearing to show cause why such settlement should not be made.

It is ordered and decreed by the Court that the said W. G. PENDLETON, administrator as aforesaid be and is hereby discharged and that said Succession be closed.

 

Estate of H. F. WEAR, Deceased.

 

Now at this term of the Court Came B. L. ROGERS, Executor of the Estate of H. F. WEAR, Deceased, and made the following Report. That in conformity to an order from your Said Court at the October term 1869, I proceeded to sell at the door of the Court house Door in the town of McKinney on the first Tuesday in December in the year last aforesaid after advertising in three public places in the County of Collin one of which was at the door of the Court house in the Said Town of McKinney the tract of land belonging to Said Estate to wit Eighty acres of land Situated in the County of Benton, on the waters of Little Elm out of the JOHN HAYNES Headright, to the Highest bidder between the legal hours prescribed by law. When J. V. WEAR bid the sum of Seven hundred and forty dollars that being the highest and best bid Said 80 acres of land was knocked off to the said J. V. WEAR for the Said Sum of Seven hundred and forty dollars on a credit of twelve months, and prays that Said Sale be confirmed &c.

Wherefore the Court after duly examining the said Report of sale, Ordered and decreed the said Sale be approved and in all things confirmed and that the Said Executor proceed to make to the Said J. V. WEAR a deed for the premises aforesaid upon the Said Purchase complying with the law in such Cases made and provided.

 

Estate of MARTHA MARSHALL, Deceased.

 

Now this day came D. (?) L. LOVELADY, Executor of the Estate of MARSHALL Dec. and prayed the Court that the Cause be continued for final Settlement untill (sic) the next term of this Court.

Ordered that same be continued.

 

 

Page 128

 

February Term A. D. 1870

 

Estate of H. F. WEAR, Dec.

 

Now at this time Came B. L. ROGERS, Executor of the Estate of H. F. WEAR, Decd., and returned the Sale Bill of the Personal Property of said Estate. Ordered by the Court that the same be and is hereby approved and the Clerk ordered to record the same.

 

Estate of MILLY ANN ROSS, a minor.

 

Now this day Came WILLIAM ROSS and made application to the Court that he may be appointed Guardian of the Estate of his infant daughter MILLIE ANN ROSS. Representing that she has some real & personal property that requires a guardian. Ordered by the Court that the Said WILLIAM ROSS be and is hereby appointed guardian of his minor child, MILLIE ANN ROSS. Wherefore the said ROSS appeared and took the oath as guardian and gave Bond to the approval of the court.

 

D. W. SHAIN

 

vs. This cause continued

 

Danice (?) STIFF,

Admin. of THOMAS

SHAIN

 

 

Estate of JOHN L. WHITE, Decd.

 

Now this day Came ROBERT GANNETT, Administrator of the Estate of JOHN L. WHITE, Deceased, and filed his inventory and appraisement of the property and effects of J. L. WHITE, Decd. Ordered by the Court that the same be approved and that the Clerk do record the same.

 

Estate of JESSE TURNER, Dec.

 

Now this day Came (blank) MURPHY, administrator of the Estate of JESSE TURNER, Deceased, and prayed the Court that he may have untill (sic) the next term of this Court to make his annual Report.

Ordered by the Court that the Said prayer be approved and that this cause be approved and that this Cause be continued untill (sic) the next term of this Court.

 

 

Page 129

 

February Term A. D. 1870

 

Minor Heirs of ENOCH E. PEGUES, Dec.

 

Now this day Comes GEO. H. PEGUES by petition and represents that the minor heirs of ENOCH E. PEGUES are without a guardian and prays the Court that he may be appointed guardian of Such Minor Heirs. Wherefore it appearing to the Court that due notice has been given by the Clerk and no person appearing to contest the same, it is ordered and Decreed by the Court that the Said GEO. H. PEGUES is hereby appointed Guardian of LUCY, LEONADAS, CLAUDIUS & ELIZABETH PEGUES, Minor Heirs of ENOCH E. PEAGUES, Dec.

 

 

Estate of THOMAS & HARRIET SHAIN, Dec.

 

At this day Comes A. D. SHAIN one of the Heirs of THOMAS & HARRIETT (sic) SHAIN, dec., by Petition praying for an order for payment of all Debts that may be due and unpaid against said Estate and it appearing by the petition and exhibits of NANCY A. COLEMAN, a Creditor of said Estate, that she has an unsatisfied claim against Said Estate by Judgement of the district Court of Collin County, Texas for the sum of 388 dollars and 25 Cents with interest at 8 per cent from 29th March 1869. And it appearing from the last Annual Report of DAVID STIFF, Administrator of Said Estate that he has in his hands Subject to the payment of debts the sum of three hundred and thirty Six dollars & fifteen Cents in Cash.

 

It is ordered by the Court that Said DAVID STIFF, administrator as aforesaid pay to said NANCY A. COLEMAN, Creditor as aforesaid the Said Sum of three hundred and thirty Six Dollars and fifteen cents less the Court fees due in Said Administration and that he make report of his actions herein to the next term of this Court.

 

Estate of JOHN & LYDIA GRAYUM, Dec.

 

Now at this time Came JACOB GRAUM, Administrator of the Estate of JOHN & LYDIA GRAYUM, Dec. and represents to the Court that he has found two steers belonging to Said Estate that have not be[en] sold. And prays the Court that they may be sold by him at private sale. Ordered by the Court that said prayer be granted.

 

Page 130

 

Estate of GEO. RIGGS, Dec.

 

At this Term of the Court personally Came G. R. COOPER, admr. of the Estate of GEO. RIGGS and made his return of the Sale of a certain piece or parcel of Land as by a prior order of the County Court pertaining to Estates to wit that by virtue of an order of the Probate Court at the January term, proceed to Sell at the Court house door in the town of McKinney on the first Tuesday in March A. D. 1870 at the public out Cry to the highest bidder on a credit of twelve months to THE. FOSTER for three hundred and seventy five Dollars in U. S. Currency the following described property to wit: part of the Headright Survey of J. C. BERGE commencing on the West line of the town of Mantua South 88° W 12 feet from the South west corner of Clock No. 45 Thence north 2° with the west line of Mantua Seventy five 6/10 varas to a point South 88° West 284 (?) 4/10 varas to the west line of the J. C. BERGE line Thence with said line South 75 6/10 varas Thence North 88° E 2.40 varas To the place of Beginning containing 3 21/100 (?) acres.

Ordered by the Court that Said Sale be and is hereby approved and confirmed and the administrators proceed to make to the Said FOSTER a good and sufficient deed for said premises according to the terms of said sale.

 

Estate of ROBERT PATTERSON, Dec.

 

Now this day Comes the attorney of C. C. DAUGHERTY, administrator of ROBERT PATTERSON, Decd., and prays the Court that Said Administrator have untill (sic) next term of this Court to make Annual Report &c. Ordered by the Court that Said Cause be continued untill (sic) next term of this court.

 

Estate of DAVID WYLIE, Deceased.

 

Now at this time Came JOHN WYLIE, Admr. With the will annexed of DAVID WYLIE, deceased, and made the following Report of Sale of Real Estate to wit: That at the Court house door in said Collin County on the first day of March A. D. 1870 by virtue of an order of your said Court made at…

 

Page 131

 

February Term 1870

 

The (blank) Term A. D. 18__ the said administrator after due notice given sold upon a credit of 12 months to the highest bidder at public action the following land to wit 234 acres Lying in Said Count. At the time and place above mentioned and between the house prescribed by law and in obedience to the order aforesaid on the day aforesaid did offer to the highest bidder in the Manner and form aforesaid at which time and place one JOHN JOHSON became the highest and best bidder for the sum of $14.00 per acre whereupon the said 234 acres of land was then and there Knocked off to the Said JOHN JOHNSON. Whereupon it is ordered and decreed by the Court that Said Sale be and is hereby Confirmed and the administrator as aforesaid is ordered to make to the Said JOHN JOHNSON a good and sufficient deed for Said premises Upon said JOHNSON Complying with the regulations of said sale.

 

Minor Heirs of LEROY CLEMENTS.

 

Now at this term of court Came JANE E. CLEMENT, Guardian of T. Mc. & L. M. CLEMENT, minor heirs of LEROY CLEMENT, Deceased and made the following Report of Sale for the minor heirs of Said Estate to wit: that at the Court house Door in Said County on the 1st day of February A. D. 1870 by virtue of an order of your Said Court made at the December Term A. D. 1869 I, after legal notice given, sold upon a credit of Twelve Months to the highest bidder at public Auction the following lands to wit: two thirds interest of the 89 acres of land belonging to the heirs of LEROY CLEMENTS, Decd., and being divided into 4 equal lots and known as Nos. 1, 2, 3, 4 the Said 2/3 of said lots being the undivided interest respectively of THOMAS & LEROY CLEMENTS, my wards and heirs of the said LEROY CLEMENTS, deceased, and that HENRY B. SCOTT Bid off Lot No. 1 at $53.33/100 (?), JOHN S. KERR bid off lot No. 2 at $165.00/100, JOEL F. STUART (?) bid off Lot No. 3 at $136.66/100 and J. LAWSON KERR bid off lot No. 4 at $280, and prays that said sales may be ratified and confirmed.

It is therefore ordered and decreed by the Court that Said Sale be in all respects ratified and Confirmed and that Said Guardian as aforesaid proceed to make to Said purchasers good and sufficient deeds upon them complying with the regulations of said Sale.

 

Page 132

 

February Term A. D. 1870

 

Estate of P. H. MULL, Dec.

 

Now at this term of the Court personally appeared JOEL BLAKEMAN, administrator of the Estate of P. H. MULL, Decd., and made report of sale of Bridge belonging to said Estate to wit? "That at the Court house door Collin County on 26th day of February 1870 by virtue of an order of your Said Court make at the January Term A. D., 1870 I as said administrator after due notice given Sold the bridge belonging to Said Estate to pay off and Satisfy the note and mortgage now held by MRS. ADA MULL at Public Auction between the hours prescribed by law, to the highest bidder, at which time and place MRS. ADA MULL became the highest bidder for the sum of $300. Wherefore the said bridge was then and there knocked off to said MRS. ADA MULL. Ordered by the Court that said Sale be and is hereby confirmed.

S. Bowlby

J. C. C.

Page 133

 

March Term A. D. 1870

 

Court met pursuant to law to Transact The Business of Estates for the County of Collin at the Court house in the Town of McKinney on the 28th (?) day of March A. D. 1870.

 

Present S. Bowlby Co. Judge

G. W. Patterson Co. Clerk

 

When the following proceedings were had -

 

Estate of SILAS L. HERRINGTON, a minor

 

Now this day Comes O. HEDGECOX by E. L. HUFFMAN, Guardian of SILAS L. HERRINGTON, a minor. The Said HEDGECOXE being on of the Sureties of Said HUFFMAN and prays the Court that he may be discharged as surety to the Said Bond. Ordered by the Court that Said prayer be Granted, that said HEDGECOXE is hereby discharged as said surety. Whereupon MOSES MOOR appeared and Signed said Bond as surety, by the approval of the Court.

 

Estate of JESSE TURNER, Deceased.

 

Now at this Term of the Court Came WM. MURPHY, Admr. of the Estate of JESSE TURNER, Dec. and filed his Annual Report of the Condition of said Estate. Ordered by the Court that Said Report be and is hereby approved.

 

Estate of ROBERT PATTERSON, Decd.

 

Ordered by the Court that C. C. DOUGHERTY have untill (sic) the next term of this Court to file his final account for settlement.

 

Estate of H. H. GOSSEM, Dec.

 

Now at this term of the Court Came C. T. MANN, Admr. of the Estate of H. H. GOSSUM and presented to the Court his final Report of the Condition of said Estate and asks that he may be discharged from Said Succession. Wherefore the Court after duly examining the Said report and _____(?) that there is yet in the hands of said admr. the sum of $126.37 due the Said Estate - and the Court being also satisfied…

 

Page 134

 

March Term A. D. 1870

 

..That due notice has been given by the Clerk, and no person appearing to Contest Said final settlement, It is ordered and decreed by the Court that Said Final Account be approved and that the Said Administrator be and is hereby discharged from the succession and that said administration be closed.

 

Estate of L. GLASS, Decd.

 

Now this day Came THOMAS GLASS, administrator of L. GLASS Deceased by petition and represents to the Court That the Saddle, and 205 acres of land lying in Hopkins County and all the articles of Property belonging to Said Estate and all the articles of which to raise the Money to satisfy the liabilities of Said Estate and shows to the Court that these articles are both partnership property own[ed] by intestate, SAMUEL G. GLASS, and said THOMAS GLASS as Equal partners and that all the debts owning by intestate at the time of his death were partnership debts, and further that 1/3 interest of said intestate in said property is not more than sufficient to pay the liabilities of the Said property is not more than Sufficient to pay the liabilities of the Said Estate Vis: the 1/3 of the $375 heretofore deed[ed] to F. M. PATE and the Debt of $20 principle & 10 years interest and $30.65 Cost. And also the Costs of this administration which I estimate at $15. - And prays the Court for an order to Sell at the Court house door in the town of McKinney on the first Tuesday in May all the property of said Estate in accordance with the law to pay said 1.3 liabilities.

It is therefore ordered and decreed by the Court that Said prayer be granted and that said administrator proceed to sell said property at the Door of the Court house at the time asked for in said petition - the Land to be sold on a credit of 12 months, the Personal Property for cash.

 

 

Estate of M. B. GRAHAM Decd.

 

Now this day Came B. S. SHELL___?, administrator of M. B. GRAHAM, Decd. and filed his petition Praying the Court for an order to Sell the personal property of Said Estate.

 

Ordered by the Court that said prayer granted and that said admr. proceed to Sell Said property for cash at public Sale, as provided by Law and make return of his proceedings to this Court.

 

Page 135

 

March Term A. D. 1870

 

Estate of G. TROTTER, Decd.

 

Now at this term of the Court Came H. C. TROTTER, Admr. of the Estate of G. TROTTER, Deceased, and filed his account current of said Estate. Ordered by the Court that the Same be and is hereby approved.

 

Community Estate of MARY F. LEYDY (sic) & her Deceased Husband

 

This day Came MARY F. LEYDAY Surviving wife of H. R. LEYDAY and filed an inventory and appraisement of the Estate of Herself and said deceased husband the same being Community property. Ordered by the Court that the Said Inventory and appraisement be and is hereby approved.

 

Estate of the Minor Heirs of ENOCH PEGUES, Dec.

 

Ordered by the Court that JOHN M. SALMONDS, F. J. VANCE & WM. SACHSE be and is hereby appointed appraisers to appraise the property and effects of MARY LUCY, LEONIDAS CLEMENS (?) & ELIZABETH PEGUES, Minors.

 

Estate of M. B. GRAHAM, Decd.

 

Now this day Comes B. S. SHELBEN (?), Admr of the Estate of M. B. GRAHAM, Dec. and filed his petition to the Court in substance as follows: and represents that there is a necessity of selling a portion of or all the real Estate belonging to the Estate of his intestate to satisfy the debts due from said Estates, and further that the real Estate of Said deceased is about 190 acres and that he believes a part of the Same cannot be sold without material injury to the value, & would therefore ask that all the real Estate be sold to satisfy the debts of his intestate and pray the Cost of Administration.

Wherefore follows a list of the debts due from the Estate.

It is therefore ordered and decreed by the Court that the…

 

Page 136

 

…Said administrator Proceed to sell all of said real Estate as returned by the inventory & appraisement to wit: the tract of 160 acres on which the family now resides, 20 acres in Denton County and 10 acres timber on Stewart's Creek. That the administration as aforesaid proceed to sell the same at the door of the Court house in the town of McKinney on the first Tuesday in May A. D. 1870 on a credit of 12 months, Taking mortgage & personal security on the same.

 

Estate of ALFRED HARRINGTON, Decd.

 

At this term of the Court came GEORGE WHITE, WM. M. BUSH & J. M. WILCOX, Commissioners appointed by this Court to make distribution between the Heirs of the Estate of ALFRED HERRINGTON, Deceased, and also to set apart & divide certain lands belonging jointly to SILAS HERRINGTON & the heirs of the said ALFRED HERRINGTON deceased. And made their report of the said Partition and distribution as set forth in the ordered appointing Said Commissioners. It is therefore ordered and decreed by the Court that Said Partitions and distribution be and the Same is hereby approved, and that the Clerk be ordered to place the same on Record in the Book of Estates.

 

Page 137

 

DENNIS C. JOHNSON, Non Compes Mentis

 

At this day information in writing being given to the County Judge of said County that DENNIS C. JOHNSON is Non Compes Mentes. Whereupon the Court Caused twelve good and lawful men to be Summoned as jurors to be and appear before him instantes to inquire into the soundness of the mind of Said DENNIS C. JOHNSON and the Jury being duly impaneled and sworn Said DENNIS C. JOHNSON being brought to the examination of the Court & Jury and the Jury after hearing the testimony of the Soundness of the mind of the Said DENNIS C. JOHNSON and placing him under restraint Brought the following verdict:

McKinney, Collin County April 2d 1870

"We the Jury Summoned in the Case of DENNIS C. JOHNSON for the purposes as above specified in the application made to the Court that he is decided by us a Lunatic and a proper Subject for the Assylum (sic), B. S. Shellem, M. D. foreman"

It is therefore ordered, adjudged and decreed by the Court that the Said DENNIS C. JOHNSON be placed under restraint and Sent to the Lunatic Assylum (sic) in the State of Texas there being no one to take charge of him or his case being one of Great emergency and it is further ordered and adjudged by the Court (the Sheriff not being able to take him) That RIKE HAPER, D. W. C. KING and JAMES BEDINGFIELD take charge of said ____ (Lunatic?) and convey him safely, Tenderly and with great case and dispatch to Austin, Travis County, Texas and there to deliver him safely and with out Trying (?) to B. Grayborn (?), M. D., Superintendent of the Texas State Lunatic Assylum (sic).

S. Bowlby, J. C. C.

 

Page 138

 

April Term, A. D. 1870

 

 

Court met pursuant to ad____? To Transact the business of Estates for the County of Collin at the Court house in the town of McKinney on the 25th day of April A. D. 1870

 

Present S. Bowlby Co. Judge

J. n. Patterson Deputy Clerk

 

Estate of M. J. ROSS (ROP?)

 

Now this day came F. J. VANCE, Executor of M. J. ROSS, Deceased and filed his Inventory and appraisement of the Property and Effects of M. J. ROSS, Deceased.

Ordered by the Court that the same be approved and that the Clerk do hereby record the same.

 

Estate of M. & C. MALLOW, Dec.

 

At this day came O. P. MALLOW, Admr. of the Estate of M. & C. MALLOW, Dec., represents to your honor that he did in compliance with an ordered of said court issued at the July Term 1869 Sell to one JOHN JOHNSON in his corner at 40 cents in 25 (?) center Per bu. [bushel] Making 2 hundred and 89 bushels to Scher___? And all so to E. R. STIFF about the same time 88 bushels thrashed oats at 25 cents per bu. Cash Recd in full in Same sale the amount of $105.51 dents in specie. It is therefore ordered and decreed by the court that said Bill of sale heard is hereby approved.

 

Page 139

 

April Term A. D. 1870

 

Estate of ENOCH E. PEGUES, Decd.

 

Now this day comes GEORGE H. PEGUES, Guardian of the Minor Heirs of ENOCH E. PEGUES, Dec. and filed his Inventory and appraisement of the property and effects of ENOCH E. PEAGUES, Dec.

Ordered by the Court that the same be approved and that the Clerk do hereby record the same.

 

Estate of ROBERT PATTERSON, Dec.

 

Now this day Comes C. C. DOUGHERTY, Admr. of the said, the Estate of R. PATTERSON Dec. and filed his Inventory and appraisement of the property & effects of ROBERET PATTERSON, Dec. Ordered by the Court that the same be and is hereby by approved and that the Clerk of the Court do hereby record the same.

 

The Estate of G. TROTTER, Dec.

 

It is ordered by the Court that the application of H. C. TROTTER, administrator for a final discharge and that the succession be closed be continued until the nex[t] term of the Court. Also it is ordered by the court that the Prayer in the petition of RACHEL TROTTER and the heirs of G. TROTTER filed in this court on 6th day of April 1870 be and the same is hereby refused and the order approving the account of said administration be in all things affirmed.

 

Estate of DAVID WYLIE, Dec.

 

Now this day comes JORDAN O. STRAUGHAM by petition and represents to the Court that the Estate of DAVID WYLIE, Dec. is unrepresented by reason of the death of JOHN WYLIE, administrator of Said Estate. And it appearing to the Court that due notice has been given by the Clerk & no person appearing to contest the same, It is ordered and decreed by the Court that the Said petition be granted and that the said JORDON O. STRAUGHAM be and is hereby appointed…

 

Page 140

 

April Term A. D. 1870

 

…Administrator DeBonis___? Of the Said Estate upon giving Bond and taking the required oath and Letter of administration be issued to him.

 

Page 140 continued

 

Estate of WM. B. MAYS, Decd.

 

Now this day Comes CATHERINE TUBERVILLE by Petition and represents to the Court thatabout the (blank) day of (blank) 18__(blank) WM. B. MAYS, a citizen of Collin County departed this life interstate and prays the Court that she may be appoint administratrix of Said Estate, and it appearing to the Court that due notice has been given and no one appearing to contest the same, or show cause why such appointment Shall not be made.

It is ordered and decreed by the Court that the said CATHERINE TUBERVILLE be appointed administratrix of said Estate and after taking the oath of office & giving Bond Letters of Administration be issue to her and that (blank) be appointed as appraisers to appraise the Property of said Estate,

Petitioners further prays that her present husband, G. B. TUBBERVILLE, be permitted to join with her in giving bond &c and she further prays that she may be appointed Guardian of her said minor children.

 

Estate of H. A. DUNCAN, Decd.

 

Now this comes (blank) by petition and represents to the court that about the (blank) H. A. DUNCAN, a citizen of Collin County departed this life no testate (?) leaving a will of Community Property and prays the court that said will may be admitted to Probate and that letters testamentary be granted to the same, rep___? Her giving bond & security & taking the oath prescribed by law. Whereupon one of the subscribing witnesses appeared in open Court and made oath that the said H. A. DUNCAN signed said last will and testament and that he acknowledged in his presence and GEORGE CARRUTH d___? He signed the same as his last will and testament and that himself and J. C. REHEU and GEORGE CARRUTH signed last will and testament as witnesses at the request of the….

 

Page 141

 

H. A. DUNCAN. It is further allowed by the court that J. COLEMAN, _____? & G. Carruths (?) be and are hereby appointed appraisers of said estate & (unreadable).

The petitioner further prays that she may be appointed Administratrix of said Estate and it appearing to the Court that due notice has been given and no one appearing to contest the same or show cause why such appointment shall not be made.

 

Estate of M. B. GRAHAM, Decd.

 

Now this day comes B. H. SHELBURN, Administrator of the Estate of M. B. GRAHAM, Dec. and represents that the Personal Property of said Estate was sold in compliance with an order of said court in March Term 1870. Ordered by the Court that the said bill be approved and o___ f____, by the said (?) administrator qualifying to the same.

 

Estate of WILLIAM DAVIS, Dec.

 

Now come SALLIE DAVIS, administratrix of the estate of WM. DAVIS, deceased and makes her exhibit of the condition of the same also files her exhibits of the money and disposition of the same ansing (?) from the sale apart of the homestead to raise means to support the minor heirs of the said WM. DAVIS and the Court having examined said exhibits, it is ordered that the same be and are hereby in all things affirmed and also it is further ordered by the Court that the house containing about one acre belonging to said estate in addition to the inventory heretofore filed, be sold to the highest bidder on a credit of twelve months with security as the law directs on the 1st Tuesday in June A. D. 1870to satisfy the Judgement ___? of J. W. THROCKMORTON as in set exhibit mentioned and pray the cost of administration and that S. K. RUDOLPH and JOSEPH BLEADSOE be appointed to appraise said land.

S. Bowlby, C. C.

 

Page 142

 

ISHAM PITTMAN Non Compes Mentes

 

At this day information being given that ISHAM PITTMAN, a citizen of Collin County, Tex. Is a person of unsound Mind, whereupon the Courted caused twelve good and lawful men to be summoned as Jurors to be and appear before him instated (?) to inquired into the Soundness of the mind of the said ISHAM PITTMAN and the jury being duly empanelled and Swoon and the said ISHAM PITTMAN being brought to the Examination of the Court & Jury and the Jury after hearing the testimony touching (?) the Soundness of the mind of the ISHAM PITTMAN & placing him under restraint Brought in the following verdict: We the Jury find that ISHAM PITTMAN is not of sound mind and should be placed under restraint.

R. DeARMOUR, Foreman

 

It is therefore ordered, adjudged and decreed by the Court that the said ISHAM PITTMAN be placed under restraint and sent to the Lunatic Assylum (sic) at Austin, Texas And it is further ordered and Decreed (?) by the Court that the sheriff not being able to take charge of him that C. C. LASLY & MAGES (?) MOORE take charge of the said ISHAM PITTMAN and carrying him with great care & tenderness to the Superintendent of the Lunatic Assylum (sic) at Austin, Travis County, Texas.

R. C. White oha (?) County

County Collin Co. (?)

 

Page 143

 

State of Texas Probate Court

County of Collin Nov. Term A. D.

Be it remembered that on the last Monday of November A. D. 1846, at the house of Col. Jno. McGarrah in said County, a Probate Court was holden for said County.

Present the Honorable Jonathan Allen, Judge of said Court and King S. Custer, Sheriff, Tola Dunn, Clerk, by Henry O. Hedgecoxe his deputy.

 

At which the following proceedings were had and done to wit:

Now at this time comes THOS M. ROWLAND by attorney and upon representation made by him to the Court respecting the Estate of JOHN C. M. HODGE, it is ordered by the Court that the said THOS. M. ROWLAND be appointed curator of said Estate to take possession of and to preserve and protect any of the perishable property belonging to said Estate which may fall into his hands or come within his knowledge, with permission to rent the farm (formerly the residence of the said deceased) to the highest bidder, and that he make return of all his acts as such Curator to the next term of this Court.

 

It appearing to the satisfaction of Court that the necessary advertisements required by the Statute in that case made and provided, had not been given of the filing of the following petitions, to wit of KING S. CUSTER, praying that the letters of administration be granted to him on the Estates of BENJAMIN THOMPSON, Decd and of JOSHUA E. HEATH, decd. & the petition of THOMAS M. ROWLAND, praying that the letters of administration, be granted him on the Estate of JNO. C. M. HODGE decd. all of this County.

It is ordered by the Court that the same be continued until the next term of this Court. Ordered that the Court be adjourned until the last Monday in January A. D. 1847.

Jonathan Allen

 

This day JAMES M. ROWLAND appeared in open court and applied for Letters of Admin.

 

State of Texas Probate Court

County of Collin January Term A. D. 1847

 

Be it remembered that on the last Monday in Jaunty 1847 at the house of Col. Jno. McGarrah in said County as Probate Court…

 

Page 144

 

…holden for said County.

Present the Honorable Jonathan Allen, Judge of said Court and King S. Custer, Sheriff of said county, Tola Dunn, Clerk of the said Probate Court, by Henry O. Hedgecoxe, his deputy. At which Court the following proceedings were had and done to wit:

Comes this day THOMAS M. ROWLAND by his attorney H. G. HENDRICKS, and who was appointed by this Court at the last term thereof, Curator of the Estate of JNO. C. M. HODGE, deceased, late of said County of Collin with certain special powers as are set forth in the order of said Court, at the last term there of and in pursuance of said order now made report in writing of his proceedings as such curator in the words and figures following to wit:

 

State of Texas In Probate Court

County of Collin January Term 1847

I, your report THOMAS M. ROWLAND, Curator, &c would report that he had rented the farm belonging to the Estate of J. C. M. HODGE in Fannin County about 18 acres in cultivation which said farm was in bad condition and was rented for repairs done on said farm which was the best could be done by reporter. Your reporter would state that he offered the farm on which said HODGE died and was bid off but has fallen back in the hands of the said Curator, and Curator prays further time to dispose of said Farm, and further report not. (?)

Thomas M. Roland

Curator

 

Which report is received by the Court and ordered to be filed.

This day THOS. M. ROWLAND appeared in open court, and applied for Letters of administration to be granted to him on the Estate of J. C. M. HODGE, deceased, and it appearing to the court from the following affidavit filed by the said THOMAS M. ROWLAND, to wit:

State of Texas

County of Collin Personally appeared before me, Tola Dunn, the County Clerk of Collin County, King S. Fisher (Custer?), Sheriff of said County, and made oath that he did post up in 3 of the most public places in said County and ten days…

 

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… previous to the January term of the Probate Court for said County A. D. 1847, all the necessary notices required by Law of the filling of the petition of THOS. M. ROWLAND and praying said Court to grant to him Letters of administration on the Estate of J. C. M. HODGE, deceased and late of said County.

Sworn to before me, Tola Dunn, this 25th day of January A. D. 1847, Witness my hand and seal, a scrawl, having no seal of office.

Tola Dunn

By Henry O. Hedgecoxe, his deputy.

That the notice had been given in this case according to the Statute in such cases made & provided, it is ordered by the Court, that the letters of Administration be granted to the said THOS. M. ROWLAND, upon the Estate of the said J. C. M. HODGE deceased late of said County of Collin, upon his entering into bond, with sufficient securities in the penal sum of (blank) Dollars and conditioned according to law to be approved by the Probate Judge.

 

This day KING S. CUSTER appeared in open Court and applied for Letters of Administration to be granted to him on the Estate of BENJAMIN THOMPSON, deceased late of Collin County, and it appearing to the court from the following affidavit filed by the said KING S. CUSTER, to wit:

State of Texas

County of Collin Personally appeared before me Tola Dunn, the County Clerk of Collin County, KING S. CUSTER, Sheriff of said County and made oath that he did post up in three of the most public places in said County and ten days previous to the January term of the Probate Court for said County A. D. 1847, all the necessary notices required by Law of the filing of the petition of the said KING S. CUSTER praying said court to grant him Letters of Administration on the Estate of BENJAMIN THOMPSON deceased, late of the County. Sworn to before me this 25th day of January A. D. 1847. Witness my hand and seal, a scrawl, having no seal of office.

Tola Dunn

By Henry O. Hedgcoxe his deputy

 

That notice had been given according to the Statute in such cases made and provided, it is ordered by the Court that Letters of administration be granted…

 

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… to the said KING S. CUSTER, upon the Estate of the said BENJAMIN THOMPSON deceased upon his entered into Bond to be approved by the Probate Judge with sufficient securities in the penal sum of Four Hundred and Eighty Dollars and conditioned according to Law.

 

This day KING S. CUSTER appeared in open Court and applied for letters of Administration to be granted to him on the Estate of JOSHUA E. HEALTH, deceased, late of this County, and it appearing to the Court from the following affidavit filed by the said K. S. CUSTER to wit:

State of Texas

County of Collin Personally appeared before me, Tola Dunn, the County Clerk of the County of Collin, KING S. CUSTER, the Sheriff of said County and made oath that he did post up in 3 of the most public places in said County and ten days before the January term of the probate Court of said County A. D. 18747, all the necessary notices required by Law of the filing of the petition of the said KING S. CUSTER praying said court to grant to him Letters of administration on the Estate of JOAHUA E. HEALTH, deceased, late of said county. Sworn to before me this 25th day of January A. D. 1847. Witness my hand and seal, a scrawl, having no seal of office.

Tola Dunn Seal

By Henry O. Hedgecoxe, his deputy.

 

That notice had been given in this case according to the Statute in such cased made and provided, it is ordered by the court that letters of administration be granted to the said KING S. CUSTER upon the Estate of the said JOSHUA HEALTH, deceased, upon his entering into Bond to be approved by the Probate Judge with sufficient securities in the penal sum of Two Hundred ($200) Dollars, and conditioned according to Law.

 

Comes this day ANN FISHER relict and widow of JAMES FISHER, deceased, late of this State of Texas by G. A. Evans, her attorney, by H. G. Hendricks his agent for petition and files her petition as follows, to wit:

State of Texas In Probate Court

Collin County January Term A. D. 1847

 

Page 147

 

To the Honorable Jonathan Allen, Judge of Probate of said County, &c: Your petitioner, ANN FISHER of said County, would respectfully represent unto your Honor, that she is the wife and widow of JAMES FISHER, deceased, late of said State and that her said husband was entitled in his lifetime to one League and Labor of Land, as a settler, which she your petitioner had located in the County of Collin and your petitioner would show and represent unto your Honor, that her said husband left at his death the following children to wit:

POLLY ANN FISHER, JUBY FISHER, TERCY FISHER, JNO. FISHER, JAMES FISHER and DELILY (?) FISHER who are the heirs and legal representatives of the said JAMES FISHER and your petitioner, and was resides in Collin County; and your petitioner prays that all of the said heirs and legal representatives be made defendants to this petition and your petitioner avers and states that at time of the death of her said husband and has been ever since, entitled to one half of all the Real Estate, that her said husband was entitled to, under the laws of the Republic of Texas, and your petitioner prays that your Honorl. Come this day KING S. CUSTER and presents his bond to the Court as Administrator of the Estate of BENJAMIN THOMPSON deceased in the penal sum of Four Hundred and Eighty Dollars with THOS. RATTEN and JNO. McGARRAH as his securities and conditioned according to Law, which bond is approved by the Court and ordered to be filed. And thereupon Letters of Administration were given and issued by the Probate Judge to the said KING S. CUSTER on the Estate of said Decedent.

And it is further ordered by the Court that TALTON CUMMINS and THOS. RATTAN and JOSEPH WILCOX be and they are hereby appointed appraisers of the Estate of said Decedent BENJAMIN THOMPSON, and that they make such appraising according to the Statute in such case made and provided and that they Clerk of this Court issue to each of said appraisers a copy of this order as notice of his and their appointment.

 

Come this day JOHN FITZHUGH and it appearing to the Court that the necessary petition had been duly filed, praying the Court to grant Letters of Administration on the Estate of GEORGE McPHERSON deceased. And that the notice required by Law of the filing of said petition had been duly and properly given, it is order that Letters of Administration be granted to the said JOHN FITZHUGH on the Estate of said decedent, upon his entering to Bond with approved security in the penal sum of Six hundred Dollars and conditioned according to Law and it be approved by the Court. Whereupon the said JOHN FITZHUGH and presented his Bond to the Court as administrator of Estate of GEORGE McPHERSON ______________

 

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Dollars with TOLA DUNN, WILLIAM FITZHUGH and G. H. FITZHUGH as his securities and conditioned according to Law which Bond is approved by the Court and ordered to be filed. Thereupon Letters of Administration were given and issued to the said JNO. FITZHUGH on the Estate of the said decedent by the Probate Judge.

And it was further ordered by the Court that SIMPSON PULLIAM, WILLIAM PULLIAM And SAMUEL BOGART be and they are hereby appointed appraisers of the Estate of said decedent GEORGE McPHERSON, and that they make said appraisement according to the Statute in such case made and provided, and also that the Clerk of this Court issue to each of said appraisers a copy of this order as notice of his and their appointment.

Ordered that the Court be adjourned til a special Term thereof to be holden on the fourth day of February A. D. 1847.

Jonathan Allen

Probate Judge, C. C. Texas

 

State of Texas Probate Court

County of Collin Feb. special Term 1847

At a special Term of the Probate Court in and for the County aforesaid holden on Thursday February the 4th, A. D. 1847 at the house of Jno. McGarrah in said County. Present the Honorable JONAHTAN ALLEN, Probate Judge of said Court, KING S. CUSTER Sheriff of said County of Collin and TOLA DUNN, Clerk of the County Court of said County and ex offfico Clerk of this Probate Court by Henry O. Hedgecoxe his deputy.

Come this day WILLIAM SNIDER and it appearing to the Court that the petition of the said WILLIAM SNIDER praying that Letter of Administration on the Estate of THOS. ESTIS deceased but (?) of said Collin County be granted to him had been duly filed and that notice required by Law of the filing of said petition had been duly and properly made.

It was ordered by the Court that Letters of Administration be granted to said WILLIAM SNIDER on the Estate of the said Decedent THOMAS ESTIS upon his entering…

 

Page 151

 

…into Bond with approved security in the penal sum of Eight Hundred Dollars conditioned according to Law and to be proved by the Court. Whereupon came the said WILLIAM SNIDER and presented his bond to the Court as administrator of the said THOMAS ESTIS deceased in the penal sum of Eight (8) Hundred Dollars, with LEONARD SEARCY and WILLIAM BEVERLY as securities and conditioned according to Law, which bond is approved by the Court and ordered to be filed. Whereupon Letters of Administration were granted and issued to the said WILLIAM SNIDER on the Estate of the said THOMAS ESTIS, by the said Judge of Probate.

And it was further ordered by the Court that DENTON DARBY SENr., JOHN STINNET and WILLIAM NORBEL be and they are hereby appointed appraisers of the Estate of said THOMAS ESTIS, deceased to make appraisement thereof according to the Statute in such case made and provided, and also that the Clerk of this Court issue to each of said appraisers a copy of the order as a notice his and their appointment.

 

Ordered that the Court adjourn until Court in Course.

Jonathan Allen

Probate Judge

 

State of Texas Probate Court

County of Collin Special Term Feby. 15th, 1847

Be it remembered that on this day a special Term of the Probate Court for said County was holden at the house of Col. Jno. McGARRAH in said County.

Present the Honorable JONATHAN ALLEN, Judge of said Court and TOLA DUNN Clerk of said Court and County.

At which court the following procedures had and done, to wit:

Comes this day THOMAS M. ROWLAND, Administrator of the Estate of J. C. M. HODGE, deceased, and CHARLES HAMPTON, one of the heirs of said Estate by H. G. HENDRICKS, their attorney, and presents to the Court the following petition to wit:

State of Texas In Probate

Collin County To the Honorable Jonathan Allen Judge of Probate of said County, your petitioner, THOMAS M. ROWLAND, Admr. of the Estate of J. C. M. HODGE deceased and CHARLES HAMPTON heir would report and (?)…

 

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…fully represent and show unto your honor that a Negro man slave belonging to said Estate by the name of NATHAN about the age of 28 or 30 years. That said Negro ran away and left his master in said County of Collin in the life time of said Hodge in the month of August last year, and your petitioners is informed by the Public Prints that said Negro has since than time, to wit, the 16th of Sept. 1846, been arrested in the State of Louisiana as a runaway and lodged in the jail at Nacotches (sic), and your petitioners would further represent that there had been a reward offered for said Negro, to wit: $75.00 and that there is heavy expense to be, hard for said Negro in Nacotches (sic), and that your petitioners has not the means in their possession to pay for said slave, and that they are well aware from the character of said Slave, that he will immediately abscond again, if brought back home. Therefore they pray that your honor will make an order to sell said Slave where he is, and report the same to your honor and your Honor will make all and any relief that may seem Equitable __ the premises and your petr. will pray &c.

T. M. Rowland

Charles Hampton

 

And it being further made, appeared to the Court that the said THOMAS M. ROWLAND has not in his hands as the Administrator of said Estate a sufficiency of money or other available assets that can be converted into money belonging to said estate to defray the expenses incurred, by the offering said reward and the apprehending and detention of said Negro in jail aforesaid and other fees and debts and dues connected therewith, and said administrator is unable upon the credit of said Estate to borrow or otherwise obtain such an amount of money as is necessary to defay said expenses, and obtain the release of said Negro and get him into his possession.

And it being shown and made apparent to the court that the said Negro Nathan is a badly disposed Slave, and in a great measure worthless to said Estate, and can not be detained the in possession of the said Administrator should he be released and bought again in this County without great trouble and expense owing to the dis-…

 

Page 153

 

…position continually shown by him to absconding the service of his said former master J. C. M. HODGE, decd; and other Masters whose property he has been, and that therefore the returning possession of said Negro by the said Estate will be both expensive and troublesome far beyond any benefit which he can, said Negro, possible be to said Estate.

 

And also the sale of said Negro if made in the State of Louisiana, to defray the expenses incurred upon his apprehension and detention as in said petition set forth, much and great loss might befall said Estate from the possibility that under such circumstances it is not likely that he can be sold for any sum near his real value, and that said Estate would be materially benefited by his being sold at private sale.

And lastly, that the day fixed upon for sale of said Negro to defray said expenses, to wit, the…day of…next, is too near at hand to allow time for said Administrator to notify all the heir of the said JNO. C. M. HODGE deceased, or to advertise the sale of said Negro &c &c

Whereon it was ordered, adjudged and decreed by the Court that THOMAS M. ROWLAND, administrator of said Estate make sale of said Negro man, NATHAN, in the State of Louisiana or else where as he may deem proper and best for the interest of said Estate.

 

Order that Court adjourn until Court in Course

Jonathan Allen

Judge of Probate, C. C. Texas

 

State of Texas

Collin County Be it remembers that on the Last Monday in March, A. D. 1847, it being the time fixed by Law for holding the Probate Court in and for the County aforesaid, Court was open in the town of Buckner, the seat of Justice of said County, the Honorable JONATHAN ALLEN present and presiding, KING S. CUSTER Sheriff and TOLA DUNN, Clerk.

In the matter of the Estate of J. C. M. HODGE Decd. it is ordered by the Court that THOMAS M. ROWLAND, Administrator of the Estate of J. M. HODGE deceased proceed to sell at…

 

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…publick (public) auction on the late residence of said deceased all the personal property belonging to said Estate on the 10th day of April 1847 by giving notices required by Law, taking Bond and approved security, on a credit of six months.

 

In the matter of the Estate of GEORGE McPHERSON decd. It is ordered by the court here that JOHN FITZHUGH administrator of the Estate of GEORGE McPHERSON deceased proceed to sell by public out cry at the residence of the said JOHN FITZHUGH all the personal property belonging to said estate on the 24th day of April 1847, on a credit of six months by the purchaser giving Bond and approved security.

 

In the matter of the Estate of THOMAS ESTES deceased. It is ordered by the Court that WM. SNIDER Administrator of the Estate of THOMAS ESTES proceed to sell at publick outcry at the residence of WM. SNIDER all the personal property belonging to said Estate on a credit of six months and that said administrator give lawful notice of the time and place of selling.

 

In the matters of the heirs of JAMES FISHER deceased. Now at this day, it appearing to the satisfaction of the Court that ANN FISHER, widow of the said deceased had heretofore bin (been) appointed Guardian of the minor heirs of said deceased in the County of Fanning (Fannin), and the papers not being sent up it is considered by the Court that this case stand continued until (until) the next Term of this Court.

 

When Court adjourned until (until) Court in Course.

Jonathan Allen, J. P. C. C. Ct.

 

 

State of Texas Probate Court A. D. 1847

Collin County May Term

Be it remembered that on the Last Monday in May A. D. 1847, it being the time fixed upon by Law for the holding the Probate Court in and for the County of Collin and State of Texas, Court was opened in the Town of Buckner, the seat of Justice of the said County of Collin. Present the Honorable JONATHAN ALLEN, Judge of Probate, KING S. CUSTER Sheriff and TOLA DUNN…

 

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…Clerk of said County.

In the matter of the petition of ANN FISHER, widow (sic) of JAMES FISHER deceased, it is ordered that JESSE STIFF and ANN FISHER be and they are hereby appointed guardian for the minor heirs of said deceased (notices issued 6th day of June.)

 

Ordered the Transcript of the Records of the Probate Court of Fannin County, in the business of the Estate of W. E. THROCKMORTON, be received

 

Ordered that the administrator of the Estate of W. E. THROCKMORTON deceased proceed to him the Negroes of said Estate, to wit: A man and[d] MARY and her two children, a girl LOUISA, for the Term of two months to the highest bidder for cash, at the expiration of said time.

When Court Adjourned until Court in Course.

Jonathan Allen, Probate Judge

 

The State of Texas Probate Court, July 26, 1847

County Collin July Term

Be it remembered that on the Last Monday in July A. D. 1847, it being the time fixed upon by Law for the holding the Probate Court in and for the County of Collin and State of Texas, Court was opened in the Town of —. Present the Hon. JONATHAN ALLEN, Judge of Probate, and KING S. CUSTER Sheriff and TOLA DUNN clerk of said Court.

Be it remembered that on the Last Monday in July A. D. 1847 in said County, it being the time fixed upon by Law, for the holding the Probate Court in and for the County of Collin and State of Texas, Court was opened in the Town of Buckner in said County. Present the Honorable JONATHAN ALLEN, Judge of Probate, KING S. CUSTER Sheriff and TOLA DUNN clerk of said Court. (sic)

 

At this day comes KING S. CUSTER, Administrator on the Estate of JOSHUA HEATH deceased and represents to the Court that that (?) there is not sufficient mans belonging to the Estate of said JOSHUA HEATH decd. to pay and satisfy the debts against said Estate. It is therefore ordered by the Court that

Court will appoint Commissioners to divide said League and Labor of Land, and set her half off to your petitioner that it may be known and designated as her undivided property and that said Commissioners be so directed as to include in your petitioners, half which is twelve hundred acres, Your petitioner prays that the said Defendants be cited to appear at the next march Term of your Honor's Court to show cause if any they can why said Commissioner shall not issue and if be found by your Honor that any of said Defendants are minors and under the age of twenty one years, your Honl. Court will appoint a Guardian ad litem to attend to the granting of the said Commissioner &c., and that your Honor will grant any and all relief that may seem equitable and just in the premises, and your Pet. Will pray &c. G. A. Evarts

By H. G. Hendricks

His agent for petition

 

Whereupon it is ordered by the Court that JESS STIFF, THOMAS RATTEN and JNO. FITZHUGH, be, and they are hereby appointed Commissioners to divide said lands as is prayed for in said petitions and in the manner and form as is therein set…

 

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..forth, and that they make return thereof at the next June Tern of this Probate Court and that the said heirs of JAMES FISHER, deceased as named in said petition to wit: POLLY ANN FISHER, JUBY FISHER, TIREY FISHER, JNO. FISHER, JAMES FISHER and DELILY FISHER be made Defendants to said petition, and that process issue according to law citing them to be and appear at the next March Term of the Probate Court for the said County of Collin to show cause, if any they can, why said commission shall not issue, and, generally, answer to make to the said petition and the matters and thins therein described & set forth.

Ordered that the Court be adjourned until Saturday the 30th day of January, 1847.

Jonathan Allen

Probate Judge C. C.

 

Saturday the 31st Jany. Term 1847

Comes this day THOS. M. ROWLAND and presents his bond to the Court as administrator of the Estate of JNO. C. M. HODGE deceased in the penal sum of Six Thousand Dollars, with PLEASANT WILSON, A. MORRISON, and JOHN FITZHUGH as his securities and conditioned according to Law which Bond in approved by the Court and ordered to be filed and thereupon Letters of Administration were granted and issued by the Probate Judge to the said THOS. M. ROWLAND on the Estate of the said Decedent and it was farther ordered by the Court that, TARLTON CUMMININS, THOS. RATTAN and JOSEPH WILCOX be and they are, appointed as appraisers of the property belonging to the Estate of said Decedent, JNO. C. M. HODGE and that they make such appraisements, according to the statute in such case made and provided, and that the Clerk of this Court issues to each of said appraisers a copy of this order as notice of his & their appointments aforesaid.

 

Comes this day KING S. CUSTER and presents his Bond to the Court as administrator of the Estate of JOSHUA E. HEALTH, deceased in the penal sum of Two Hundred Dollars with THOS. RATTAN and JNO. McGARRAH as his securities and conditioned according to Law which Bond…

 

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…is approved by the Court and ordered to be filed and thereupon Letters of Administration were given and issued to the said KING S. CUSTER on the Estate of said JOSHUA HEALTH. And it was further ordered by the Court that TALTON CUMMINGS, THOS RATTAN and JOSEPH WILCOX be and they are hereby appointed as appraisers of the Estate of said Decedent JOSHUA E. HEALTH, and that they make said appraisement according to the Statute in such cases made and proved; and that the Clerk of this Court issue to each of said appraisers a copy of this order as notice of his and their appointment as aforesaid.

 

Come this day KING S. CUSTER and presents his bond to the Court as Administrator of the Estate of BENJAMIN THOMPSON deceased in the penal sum of Four Hundred and Eighty Dollars with THOS. RATTEN and JNO. McGARRAH as his securities and conditioned according to Law, which bond is approved by the Court and ordered to be filed. And thereupon Letters of Administration were given and issued by the Probate Judge to the said KING S. CUSTER on the Estate of said Decedent.

And it is further ordered by the Court that TALTON CUMMINS and THOS. RATTAN and JOSEPH WILCOX be and they are hereby appointed appraisers of the Estate of said Decedent BENJAMIN THOMPSON, and that they make such appraising according to the Statute in such case made and provided and that they Clerk of this Court issue to each of said appraisers a copy of this order as notice of his and their appointment.

 

Come this day JOHN FITZHUGH and it appearing to the Court that the necessary petition had been duly filed, praying the Court to grant Letters of Administration on the Estate of GEORGE McPHERSON deceased. And that the notice required by Law of the filing of said petition had been duly and properly given, it is order that Letters of Administration be granted to the said JOHN FITZHUGH on the Estate of said decedent, upon his entering to Bond with approved security in the penal sum of Six hundred Dollars and conditioned according to Law and it be approved by the Court. Whereupon the said JOHN FITZHUGH and presented his Bond to the Court as administrator of Estate of GEORGE McPHERSON ______________

 

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Dollars with TOLA DUNN, WILLIAM FITZHUGH and G. H. FITZHUGH as his securities and conditioned according to Law which Bond is approved by the Court and ordered to be filed. Thereupon Letters of Administration were given and issued to the said JNO. FITZHUGH on the Estate of the said decedent by the Probate Judge.

And it was further ordered by the Court that SIMPSON PULLIAM, WILLIAM PULLIAM And SAMUEL BOGART be and they are hereby appointed appraisers of the Estate of said decedent GEORGE McPHERSON, and that they make said appraisement according to the Statute in such case made and provided, and also that the Clerk of this Court issue to each of said appraisers a copy of this order as notice of his and their appointment.

Ordered that the Court be adjourned til a special Term thereof to be holden on the fourth day of February A. D. 1847.

Jonathan Allen

Probate Judge, C. C. Texas

 

State of Texas Probate Court

County of Collin Feb. special Term 1847

At a special Term of the Probate Court in and for the County aforesaid holden on Thursday February the 4th, A. D. 1847 at the house of Jno. McGarrah in said County. Present the Honorable JONAHTAN ALLEN, Probate Judge of said Court, KING S. CUSTER Sheriff of said County of Collin and TOLA DUNN, Clerk of the County Court of said County and ex offfico Clerk of this Probate Court by Henry O. Hedgecoxe his deputy.

Come this day WILLIAM SNIDER and it appearing to the Court that the petition of the said WILLIAM SNIDER praying that Letter of Administration on the Estate of THOS. ESTIS deceased but (?) of said Collin County be granted to him had been duly filed and that notice required by Law of the filing of said petition had been duly and properly made.

It was ordered by the Court that Letters of Administration be granted to said WILLIAM SNIDER on the Estate of the said Decedent THOMAS ESTIS upon his entering…

 

Page 151

 

Into Bond with approved security in the penal sum of Eight Hundred Dollars conditioned according to Law and to be proved by the Court. Whereupon came the said WILLIAM SNIDER and presented his bond to the Court as administrator of the said THOMAS ESTIS deceased in the penal sum of Eight (8) Hundred Dollars, with LEONARD SEARCY and WILLIAM BEVERLY as securities and conditioned according to Law, which bond is approved by the Court and ordered to be filed. Whereupon Letters of Administration were granted and issued to the said WILLIAM SNIDER on the Estate of the said THOMAS ESTIS, by the said Judge of Probate.

And it was further ordered by the Court that DENTON DARBY SENr., JOHN STINNET and WILLIAM NORBEL be and they are hereby appointed appraisers of the Estate of said THOMAS ESTIS, deceased to make appraisement thereof according to the Statute in such case made and provided, and also that the Clerk of this Court issue to each of said appraisers a copy of the order as a notice his and their appointment.

 

Ordered that the Court adjourn until Court in Course.

Jonathan Allen

Probate Judge

 

State of Texas Probate Court

County of Collin Special Term Feby. 15th, 1847

Be it remembered that on this day a special Term of the Probate Court for said County was holden at the house of Col. Jno. McGARRAH in said County.

Present the Honorable JONATHAN ALLEN, Judge of said Court and TOLA DUNN Clerk of said Court and County.

At which court the following procedures had and done, to wit:

Comes this day THOMAS M. ROWLAND, Administrator of the Estate of J. C. M. HODGE, deceased, and CHARLES HAMPTON, one of the heirs of said Estate by H. G. HENDRICKS, their attorney, and presents to the Court the following petition to wit:

State of Texas In Probate

Collin County To the Honorable Jonathan Allen Judge of Probate of said County, your petitioner, THOMAS M. ROWLAND, Admr. of the Estate of J. C. M. HODGE deceased and CHARLES HAMPTON heir would report and (?)…

 

Page 152

 

…fully represent and show unto your honor that a Negro man slave belonging to said Estate by the name of NATHAN about the age of 28 or 30 years. That said Negro ran away and left his master in said County of Collin in the life time of said Hodge in the month of August last year, and your petitioners is informed by the Public Prints that said Negro has since than time, to wit, the 16th of Sept. 1846, been arrested in the State of Louisiana as a runaway and lodged in the jail at Nacotches (sic), and your petitioners would further represent that there had been a reward offered for said Negro, to wit: $75.00 and that there is heavy expense to be, hard for said Negro in Nacotches (sic), and that your petitioners has not the means in their possession to pay for said slave, and that they are well aware from the character of said Slave, that he will immediately abscond again, if brought back home. Therefore they pray that your honor will make an order to sell said Slave where he is, and report the same to your honor and your Honor will make all and any relief that may seem Equitable __ the premises and your petr. will pray &c.

T. M. Rowland

Charles Hampton

 

And it being further made, appeared to the Court that the said THOMAS M. ROWLAND has not in his hands as the Administrator of said Estate a sufficiency of money or other available assets that can be converted into money belonging to said estate to defray the expenses incurred, by the offering said reward and the apprehending and detention of said Negro in jail aforesaid and other fees and debts and dues connected therewith, and said administrator is unable upon the credit of said Estate to borrow or otherwise obtain such an amount of money as is necessary to defay said expenses, and obtain the release of said Negro and get him into his possession.

And it being shown and made apparent to the court that the said Negro Nathan is a badly disposed Slave, and in a great measure worthless to said Estate, and can not be detained the in possession of the said Administrator should he be released and bought again in this County without great trouble and expense owing to the dis-…

 

Page 153

 

…position continually shown by him to absconding the service of his said former master J. C. M. HODGE, decd; and other Masters whose property he has been, and that therefore the returning possession of said Negro by the said Estate will be both expensive and troublesome far beyond any benefit which he can, said Negro, possible be to said Estate.

 

And also the sale of said Negro if made in the State of Louisiana, to defray the expenses incurred upon his apprehension and detention as in said petition set forth, much and great loss might befall said Estate from the possibility that under such circumstances it is not likely that he can be sold for any sum near his real value, and that said Estate would be materially benefited by his being sold at private sale.

And lastly, that the day fixed upon for sale of said Negro to defray said expenses, to wit, the…day of…next, is too near at hand to allow time for said Administrator to notify all the heir of the said JNO. C. M. HODGE deceased, or to advertise the sale of said Negro &c &c

Whereon it was ordered, adjudged and decreed by the Court that THOMAS M. ROWLAND, administrator of said Estate make sale of said Negro man, NATHAN, in the State of Louisiana or else where as he may deem proper and best for the interest of said Estate.

 

Order that Court adjourn until Court in Course

Jonathan Allen

Judge of Probate, C. C. Texas

 

State of Texas

Collin County Be it remembers that on the Last Monday in March, A. D. 1847, it being the time fixed by Law for holding the Probate Court in and for the County aforesaid, Court was open in the town of Buckner, the seat of Justice of said County, the Honorable JONATHAN ALLEN present and presiding, KING S. CUSTER Sheriff and TOLA DUNN, Clerk.

In the matter of the Estate of J. C. M. HODGE Decd. it is ordered by the Court that THOMAS M. ROWLAND, Administrator of the Estate of J. M. HODGE deceased proceed to sell at…

 

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…publick (public) auction on the late residence of said deceased all the personal property belonging to said Estate on the 10th day of April 1847 by giving notices required by Law, taking Bond and approved security, on a credit of six months.

 

In the matter of the Estate of GEORGE McPHERSON decd. It is ordered by the court here that JOHN FITZHUGH administrator of the Estate of GEORGE McPHERSON deceased proceed to sell by public out cry at the residence of the said JOHN FITZHUGH all the personal property belonging to said estate on the 24th day of April 1847, on a credit of six months by the purchaser giving Bond and approved security.

 

In the matter of the Estate of THOMAS ESTES deceased. It is ordered by the Court that WM. SNIDER Administrator of the Estate of THOMAS ESTES proceed to sell at publick outcry at the residence of WM. SNIDER all the personal property belonging to said Estate on a credit of six months and that said administrator give lawful notice of the time and place of selling.

 

In the matters of the heirs of JAMES FISHER deceased. Now at this day, it appearing to the satisfaction of the Court that ANN FISHER, widow of the said deceased had heretofore bin (been) appointed Guardian of the minor heirs of said deceased in the County of Fanning (Fannin), and the papers not being sent up it is considered by the Court that this case stand continued until (until) the next Term of this Court.

 

When Court adjourned until (until) Court in Course.

Jonathan Allen, J. P. C. C. Ct.

 

 

State of Texas Probate Court A. D. 1847

Collin County May Term

Be it remembered that on the Last Monday in May A. D. 1847, it being the time fixed upon by Law for the holding the Probate Court in and for the County of Collin and State of Texas, Court was opened in the Town of Buckner, the seat of Justice of the said County of Collin. Present the Honorable JONATHAN ALLEN, Judge of Probate, KING S. CUSTER Sheriff and TOLA DUNN…

 

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…Clerk of said County.

In the matter of the petition of ANN FISHER, widow (sic) of JAMES FISHER deceased, it is ordered that JESSE STIFF and ANN FISHER be and they are hereby appointed guardian for the minor heirs of said deceased (notices issued 6th day of June.)

 

Ordered the Transcript of the Records of the Probate Court of Fannin County, in the business of the Estate of W. E. THROCKMORTON, be received

 

Ordered that the administrator of the Estate of W. E. THROCKMORTON deceased proceed to him the Negroes of said Estate, to wit: A man an[d] MARY and her two children, a girl LOUISA, for the Term of two months to the highest bidder for cash, at the expiration of said time.

When Court Adjourned until Court in Course.

Jonathan Allen, Probate Judge

 

The State of Texas Probate Court, July 26, 1847

County Collin July Term

Be it remembered that on the Last Monday in July A. D. 1847, it being the time fixed upon by Law for the holding the Probate Court in and for the County of Collin and State of Texas, Court was opened in the Town of —. Present the Hon. JONATHAN ALLEN, Judge of Probate, and KING S. CUSTER Sheriff and TOLA DUNN clerk of said Court.

Be it remembered that on the Last Monday in July A. D. 1847 in said County, it being the time fixed upon by Law, for the holding the Probate Court in and for the County of Collin and State of Texas, Court was opened in the Town of Buckner in said County. Present the Honorable JONATHAN ALLEN, Judge of Probate, KING S. CUSTER Sheriff and TOLA DUNN clerk of said Court. (sic)

 

 

At this day comes KING S. CUSTER, administrator on the Estate of JOSHUA HEATH, deceased, and represents to the Court that there is not sufficient means belonging to the Estate of the said JOSHUA HEATH decd to pay and satisfy the debts against said Estate. It is therefore ordered by the Court that an unconditioned certificate belonging to said Estate belonging for three Hundred and Twenty acres of Land be sold and the…

 





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Updated: July 13, 2010
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Sue Patterson