Probate Minutes - 1846-1870 - Volume C-1


 

Page 384

 

By an order of the court made by JONATHAN ALLEN, Judge of Probate at the July Term of the Probate Court A. D. 1849, and also by an order of the Court, made by J. M. McREYNOLDS, Chief Justice, KING S. CUSTER, the Administrator of the Estate of BENJAMIN [THOMPSON] deceased, was ordered to make a transfer of a certain tract of Land containing 320 acres and belonging to said Estate, and the said Administrator failing to make such conveyance according to said order.--

It is therefore this day ordered by the Court, that GEORGE B. SCOTT Administrator of the Estate of said THOMPSON deceased proceed to make a lawful deed of conveyance to said tract of Land unto THOMAS RATTAN purchaser thereof.

 

It is ordered by the Court that the account of WM. SNIDER Administrator of the Estate of THOMAS ESTES deceased, for the sum of two Hundred and seventy Five dollars against said Estate as administrator be audited and allowed.

 

At this day comes WM. SNIDER Admr. of the Estate of THOMAS ESTES & presents the following vouchers, to wit:

 

Voucher No. 1 in favor of PETER F. LUCAS

.55

Voucher No. 2 in favor of J.J. MILLER

10.00

 

10.55

Brought forward

10.55

Voucher No. 3 in favor of JOEL F. STEWART for

9.25

Voucher No. 4 in favor of KING S. CUSTER for

5.00

Voucher No. 5 in favor of WM. SNIDER FOR

101.00

Amt.

125.80

 

 

It is ordered that Court adjourn until Court in course this 25tgh day of mar. 1849.

J. M. McReynolds

Chief Justice C. C.

 

State of Texas

County of Collin December Term of the County Court, A. D. 1849.

Be it remembered that on the Last Monday 31st day of December A. D. 1849, a County Court for the transaction of Probate…

 

Page 385

 

…business is met and now in session in the town of McKinney.

Present: The Hon'l J. M. McReynolds, Chief Justice

Robert Fitzhugh, Sheriff

By J. M. Bounds, his deputy

 

At this day comes JEREMIAH H. WILSON, Admr. of the Estate of MCKENZIE WILHITE dec'd, and makes his annual report, which is examined and approved by the Court, and ordered to be filed.

 

At this day comes JEREMIAH H. WILSON, Admr. of the Estate of WILLIAM WILHITE dec'd and makes his annual report, which is examined and approved by the Court and ordered to be filed.

 

At this day comes GEO. B. SCOTT, Admr. of the Estate of JOSHUA E. HEATH deceased, and makes his report setting for the condition of said Estate, which is examined and approved by the Court an d ordered to be filed.

 

At this day said SCOTT Admr. also on the Estate of BENJAMIN THOMPSON dec'd files a voucher in favor of HENRY HOHN for $20.00………………………………………………$20.00

 

At this day comes T. M. ROWLAND, Admr. of the Estate [of] J. M. HODGE, deceased, by his agent J. B. WILMETH, and files the following receipts, to wit:

One in favor of J. HAMPTON for

$100.33 1/2

One in favor of DEMORSE & HART for

18.00

One in favor of JOHN SHAFFER for

.38

One in favor of S. R. CAMPBELL for

20.00

One in favor of J. F. STEWARAT for

9.62 1/2

One voucher in favor of R. H. BARTSDALE

20.76

Receipt of J. M. McREYNOLDS Chief Justice

for

6.50

Receipt from C. HAMPTON for

268.33

Receipt from W. F. HODGE for

300.99

Receipt of JOHN & WM. HAMPTON agents for LIT J. MORRIS, SALLY A. WASH for

216.66

 

It is ordered by the Court that citation issue to JOHN L. WHITE Admr. of the Estate [of] JOSEPH B. ROBERTS deceased, to come forward and make his annual report according to Law.

 

Page 386

 

At this day comes JEREMIAH WILSON, Admr. of the Estate of WM. WILHITE deceased and present his account against said Estate for $57.99 credited with 50 dollars and 5 cents which is examined and approved by the Court ordered to be filed.

 

It is ordered that Court adjourn 29th day of December A. D. 1849.

J. M. McReynolds,

Chief Justice

 

State of Texas

County of Collin In vacation, January 3rd A. D. 1850.

At this day comes JOHN M. KINCAID and presents his petition praying that he be released from and any further obligation in this (?).

 

At this day comes JOHN M. KINCAID and presents his petition setting forth that he is security in the Bond for JOHN L. WHITE and ELIZABETH WHITE his wife, Admr. & Administratrix of the Estate of JOSEPH B. ROBERTS deceased and praying that he be released therefrom.

It is therefore ordered by J. M. McReynolds, Chief Justice in and for said County, that citation issue to said Admr. and Admx. to appear and give a new Bond with good, sufficient security at the next regular Term of the County Court, for the transaction of Probate Business.

J. M. McReynolds,

Chief Justice C. C.

 

State of Texas

County of Collin In vacation, Jany 22nd A. D. 1850.

At this day comes REBECCA NOLAND and present her petition that she, the wife and widow of CHRISTOPHER [NOLAND] deceased and mother of the infant, CHRISTOPHER NOLAND, JR. and prays the Honl. J. M. McReynolds, Chief Justice, to grant unto her Letters of Guardianship both of the person and Estate of said infant CHRISTOPHER NOLAND.

 

Page 387

 

It is therefore ordered that Letters of Guardianship issue to the said REBECCA NOLAND accordingly, upon her giving Bond and approved security according to Law, she being entitled to a preference.

 

At this day come REBECCA NOLAND, Guardian of the minor CHRISTOPHER NOLAND, and presents her petition, stating that the said Minor, CHRISTOPHER NOLAND as heir of his father CHRISTOPHER NOLAND deceased, is entitiled to an undivided interest in common with her, to a Land Warrant issued by the authority of the United States for 160 acres of Land, No. 44262 bearing date the 6th day of February A. D. 1849. And setting forth that it is necessary for the support and education of said Ward, that the said Land Warrant, or the proceeds of the sale of said Warrant should be appropriated to that purpose, and praying that the court authorize her to dispose of the same, at private sale.

 

It is therefore ordered by J. M. McReynolds Chief Justice of the County Court of said county of Collin that the said Guardian proceed to sell the s aid Land Warrant at private sale to the best advantage.

J. M. McReynolds,

Chief Justice C. C.

 

State of Texas

County of Collin County Court January Term A. D. 1850.

Be it remembered that on this 28th day of January A. D. 1850, a County Court for the transaction of Probate Business has met and is now in session in the Town of McKinney.

Present: The Hon'l J. M McReynolds, Chief Justice

Robert Fitzhugh, Sheriff

By J. M. Bounds, his deputy

And Joe F. Stewart, Clk.

 

At this day comes JAMES R. McBRIDE, guardian of the minors, DANIEL M., BENJAMIN M. and P. P. COLLUM and makes his report stating that there is due and owing to said minors from the Estate of their Grandfather, GEORGE COLLUM deceased about the sum of Three Hundred Dollars to each of them in claims against the debts of said Estate and…

 

Page 388

 

…that he has taken the necessary steps to collect the same, which report is received and ordered to be filed.

 

At this day comes JOHN L. WHITE Admr. of the Estate of JOSEPH B. ROBERTS deceased and prays the Court that he be allowed until the next Term of this Court to give a new Bond as Admr. of said Estate.

It is therefore ordered that this case be continued until the next Term of this Court.

 

It is ordered that Court adjourn until court in course, this 28th day of January A. D. 1850

J. M. McReynolds,

Chief Justice, C. C.

 

State of Texas

County of Collin February Term of the County Court A. D. 1850.

Be it remembered that on this 25 day of February A. D. 1850, a County Court for the transaction of Probate business has met and is now in session in the Town of McKinney.

Present: The Hon'l J. M. McReynolds, Chief Justice

Robert Fitzhugh, Sheriff

By C. E. Whitely, his deputy, and

Joel F. Stewart Clk.

 

Upon petition of WM. SNIDER setting forth that HARRIET S. and JULIA ANN ESTES, children of THOMAS ESTES, deceased are minors under the age of fourteen years old, and have no Guardian neither of their person nor of their Estates and that he is the nearest surviving relative of same minors.

It is therefore ordered that said WM. SNIDER be and he is hereby appointed guardian both of the person and Estate of the said HARRIET A. & JULIA ANN ESTES, and that letters of Guardianship issue to said Guardian upon his giving Bond and taking the oath of office as required by Law.

 

Page 389

 

It is ordered by the court that JACOB BACUS Admr. of the Estate of JOHN BARTRAM deceased be and he is allowed the sum of sixteen dollars for his services as Administrator of said Estate.

 

At this day comes JOHN L. WHITE, Admr. of the Estate of JOSEPH B. ROBERTS deceased, and present his report setting forth the condition of said Estate, up to the present time, which is examined and approved and ordered to be filed.

 

It is ordered by the Court that the duties of JOHN L. WHITE and ELIZABETH WHITE administrator and administratrix of the Estate of JOSEPH B. ROBERTS deceased, cease and determine, and it is further ordered that their Letters of Admr. be and they are hereby revoked.

 

At this day comes JACOB BACUS Admr. of the Estate of JOHN BARTRAM deceased, and makes his report showing that he had paid claims against said Estate to the amt. of $123.25, and produced voucher for the same; which is examined and approved and ordered to be filed.

 

It is ordered by the Court that citation issue [to] JAMES W. THROCKMORTON, Guardian of the minor NANCY THROCKMORTON to appear at the next regular term of this Court, and make his annual report as the Law requires.

 

It is ordered by the Court that M. W. ALLEN be and he is hereby appointed Administrator pro tem of the Estate of JOSEPH B. ROBERTS, and that Letters of Administration pro tem be issued said ALLEN upon his giving Bond and taking the [oath] of office according to Law.

 

It is ordered by the court that notice be given according to Law, that an Administrator on the Estate of JOSEPH B. ROBERTS, deceased will be appointed at the next Regular Term of this Court.

 

It is ordered that Court adjourn until Morning 9 o'clock.

Jo. M. McReynolds.

Chief Justice C. C.

 

Page 390

 

Tuesday Morning February 26th A. D. 1850.

The Court has met pursuant to adjournment.

Present: The Hon'l J. M. McReynolds, Chief Justice

Robert Fitzhugh, Sheriff

By E. Whitely, his deputy &

Joel F. Stewart, Clk.

 

At this day come DAVIS G. VINSON and presents his petition setting forth that he is the Brother and next of kin to MILTON VINSON, deceased, upon whose Estate WM. H. PULLIAM at his own request Administered, for the purpose alone of obtaining the dues owing to the said MILTON VINSON by the Government of the United States for his services in the War with Mexico, and further stating and showing that such due maybe obtained without Administration.

It is therefore [ordered?] by the Court that the duties of the said WM. H. PULLIAM as Admr. cease and determine, and his Letters of Administration be and the same is hereby revoked.

 

It is ordered that Court adjourn until court in course.

J. M. McReynolds,

Chief Justice C. C.

 

The State of Texas

County of Collin Know all men by these presents that we, WILLIAM SNIDER as principal and JACOB BACUS and M. W. ALLEN [as sureties] are held and firmly bound unto the County of Collin in the sum of Five Hundred Dollars, for the payment of which will and truly to be made, we bind ourselves, our heirs, Executors and Administrators, jointly and firmly by these presents.

Signed and sealed with our seals, the being scrawls, this 25th day of February A. D. 1850.

The condition of the above obligation is such that whereas the above bound WM. SNIDER has been appointed by J. M. McReynolds Chief Justice in and for the aforesaid County of Collin Guardian of the person and Estate…

 

Page 391

 

…of HAMMETT S. and JULY ANN ESTUS [ESTES], Children and heirs of THOS. ESTUS [ESTES] deceased.

Now if the said guardian shall well and truly perform all the duties required of him by Law under said appointment, then this obligation shall be null and void, otherwise to remain in full force and effect.

William Snider seal

Jacob Bacus seal

M. W. Allen seal

 

I, WM. SNIDER do solemnly swear that I will well and truly perform all the duties of Guardian of the person and Estate of HAMMETT S. & JULY ANN ESTES. So help me God.

William Snider.

 

Sworn to and subscribed in open court this the 25 day of February A. D. 1850.

Joe F. Stewart, C. C. C. C.

 

I, J. M. McReynolds, Chief Justice in and for the County of Collin have examined and do approve the same, this the 25th day of February A. D., 1850.

J. M. McReynolds

Chief Justice C. C.

Filed for record 25th day of February A. D. 1850.

Attest: Joel F. Stewart, Clk. C. C. C. C.

 

State of Texas

County of Collin March Term of the County Court 1850.

Be it know that on the Last Monday 25 day of March A. D. 1850 the County Court has met for the transaction of Probate Business has met and is now in session in the Town of McKinney.

Present: The Hon'l J. M. McReynolds, Chief Justice

Robt. Fitzhugh, sheriff

By J. M. Bounds, his deputy

And Joel F. Stewart, Clk C.

At his day comes JAMES W. THROCKMORTON Guardian of the minor NANCY THROCKMORTON and makes his annual report showing that he has on Hands (sic) $632.25 of money belonging to said Ward, having a credit in said report for $20.57, for which he files no voucher leaving a balance of Six Hundred and Eleven dollars sixty eight cents $611.68, and also shows a note…

 

Page 392

 

…executed on condition for$50.00, which is examined and approved and ordered to be filed.

 

At this day comes JEREMIAH H. WILSON Admr. of the Estate of WM. WILHITE deceased and Executor of the Estate of MCKENZIE WILHITE deceased and makes his report, which is examined and approved and ordered to be filed.

 

It is ordered by the court that the Administrator and administratrix of the Estate of WILLIAM WILHITE and MCKENZIE WILHITE, deceased proceed to pay all legally authenticated claims of the first and second class against said Estates according to the Statute in such case made and provided.

 

It is ordered by the Court that SAMUEL R. CAMPBELL be and he is hereby appointed Administrator De Bonis Non of the Estate of JOSEPH ROBERTS, deceased to fill the stead of JOHN L. WHITE and ELIZABETH WHITE resigned, and that Letters of Administration issue to said CAMPBELL upon his giving Bond and taking the [oath] of office as required by Law.

 

It is ordered that Court adjourn until Court in Course, this 25 of March A. D. 1850.

J. M. McReynolds,

Chief Justice C. C.

 

State of Texas

County of Collin April Term of the County Court A. D. 1850.

Be it known that on this 29th day of April 1850, a County Court for the transaction of Probate Business has met and is now in session in the Town of McKinney.

Present: The Hon'l J. M. McReynolds, Chief Justice

& Robert Fitzhugh, sheriff

By E. Whitly his deputy

And Joel F. Stewart, Clerk.

 

It is ordered by the Court that THOMAS STALLCUP be and he is hereby appointed…

 

Page 393

 

…administrator of the Estate of THOMAS E. PELHAM, deceased and that Letters of Administration issue to him upon his giving Bond with approved security, and taking the oath of office ass is required by Law.

 

It appearing to the satisfaction of the Court upon a report of GEORGE B. SCOTT, Admr. of the Estate of JOSHUA E. HEATH, deceased, that said Estate is insolvent, and therefore, that no further action can be had upon said Estate, it is ordered that the said Administrator be released and discharged from any further duties and responsibilities as such Administrator.

 

At this day comes JAMES GRAYUM Admr. of the Estate of McKENZIE WILHITE dec. and makes his report which is examined and approved by the Court and ordered to be filed.

 

It is ordered that Court adjourn until Court in Course, this 29th day of April 1850.

J. M. McReynolds

Chief Justice Collin Co.

 

State of Texas

County of Collin May Term of the County Court A. D. 1850

Be it known that on this Last Monday, 27th day of May A. D. 1850, a County Court for the transaction of Probate Business has met and is now in session in the Town of McKinney.

Present: The Hon’l J. M. McReynolds, Chief Justice

Robt. Fitzhugh, Sheriff

By J. M. Bounds Dept.

& Joel F. Stewart, Clk.

 

At this day comes ALEX BERRY, Administrator of the Estate of JOHN DAVIS, deceased & makes his annual report setting forth the condition of the said Estate which is examined and approved…

 

Page 394

 

…by the Court and ordered to be filed.

 

It is ordered that Court adjourn until Court in Course.

J. M. McReynolds,

Chief Justice C. C.

 

State of Texas

Collin County June Term of the County Court A. D. 1850.

Be it known that on this Last Monday, the 24th day of June A. Dd. 1850, a County Court for the transaction of Probate Business has met and is now in session in the Town of McKinney.

Present:

The Hon’l J. M. McReynolds, Chief Justice

John L. Lovejoy, Sheriff pro tem appointed by the Chief Justice to open and adjourn Court, Joel F. Stewart, Clerk by Alexander Berry his deputy.

 

At this day comes ALEXANDER BERRY administrator of the Estate of JOHN DAVIS deceased and present a report supplementary on the condition of said Estate, which is received and ordered to be filed.

And it is further ordered by the Court that ALEXANDER BERRY administrator of the Estate of JOHN DAVIS deceased be authorized and directed to pay; all claims against said Estate of the first class.

 

It is ordered that Court adjourn until the next Court in Course.

J. M. McReynolds

Chief Justice C. C.

 

State of Texas

Collin County September Term of the County Court 1850

Be it remembered that on this the Last Monday the 30th day of September A. D. 1850 a county court for the transaction of Probate Business has met and is now in session on the Town of McKinney. Preset: The Hon’l…

 

Page 395

 

J. B. Wilmeth, Chief Justice, Robt Fitzhugh Sheriff and Joel F. Stewart, Clerk.

 

At this day comes GEORGE B. SCOTT administrator of the Estate of BENJAMIN THOMPSON, deceased, and presents his report, which is examined and approved by the Court and ordered to be filed, and it is further ordered that said Administrator have leave of absence for six month.

 

Whereas JEREMIAH WILSON Executor of the Estate of McKENZIE WILHITE dec. shows by petition that he as executor of said Estate, holds a promissory note for Fifty Dollars against GEO. WILSON to JOSEPH HUNTER, that said HUNTER has proven off Twenty Dollars¾and agrees to pay the residue in cows and calves. Said executor further states that he believes he has an opportunity to collect Twenty Dollars in cash for the debt:-

It is, therefore, ordered by the court that said Executor be authorized to take Twenty Dollars and give a receipt for the acquittal of said debt.

 

At this day comes JEREMIAH H. WILSON administrator of the Estate of WILLIAM WHILHITE dec. and makes this report, which is examined & approved by the Court and ordered to be filed.

 

It is ordered by the Court that the Executor of the Estate of McKENZIE WILHITE dec., pay all legally authenticated claims against said Estate, presented for allowance within twelve months after the granting of Letters of Executorship.

 

It is ordered that Court adjourn until Court in Cause.

J. B. Wilmeth

Chief Justice C. C.

 

State of Texas

County of Collin In vacation October 11th, A. D., 1850. It is ordered that citation issue to JEREMIAH H….

 

Page 396

 

WILSON, Executor of the Estate of McKENZIE WILHITE deceased to appear at the next regular Term of the County Court for the transaction of Probate Business to be holden at the Court in the town of McKinney on the Last Monday in October A. D. 1850 and show cause why he shall not pay a claim in favor of GEORGE F. KEY against Estate.

J. B. Wilmeth

Chief Justice

 

State of Texas

County of Collin October Term of the County Court, 1850.

Be it remembered that on the Last Monday, the 28th day of October 1850, a County Court for the transaction of Probate Business has met and is now in session at the Town of McKinney.

Present:

J. B. Wilmeth, Chief Justice

Joel F. Stewart, Clerk by Alex Berry, deputy

And T. T. Bradley Constable of Precinct No. 1 the sheriff being absent from the County and there being no Coroner.

 

At this day comes JAMES A. GRAUYM administrator of JOHN McKINNEY deceased and presents his report acknowledging the receipt of land Warrant of the United State for 160 acres of land of the Estate of the deceased and praying for an order of this Court authorizing the sale of the same.

 

It is ordered by the court that JAMES A. GRAYUM administrator of the Estate of JOHN McKINNEY deceased, be authorized and directed to sell at Public Sale to the highest bidder one Land Warrant of the United States for 160 acres of land. The said sale to be made at the Town of McKinney on Monday the 25th day of November A. D. 1850, on a credit of six months with approved securities to be required of Purchasers.

 

It is ordered b y the Court that the citation heretofore issued by the Court against…

 

Page 397

 

JEREMIAH H. WILSON Executor of McKENZIE WILHITE deceased, returnable to this Term of the Court, be continued until the next regular Term of this Court, there being no return of service of said process to this term.

 

It is ordered by the Court that this court now adjourn to the next regular term.

J. B. Wilmeth,

Chief Justice, Collin Co.

 

State of Texas

County of Collin November Term of the County Court A. D. 1850.

Be it remembered that on this Last Monday, the 25th day of November A. D. 1850, a County Court for the Transaction of Probate Business has met and is now in sessions in the Town of McKinney.

Present: The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

& Joel F. Stewart, Clerk.

 

It is ordered by the Court that JEREMIAH H. WILSON Executor of the Estate of McKenzie WILHITE deceased pay all legally authenticated claims against said Estate, which have been presented, allowed and approved after the expiration o twelve months from the time of the granting of Letters of Executorship on said Estate.

It is ordered that court Adjourn until Court in course.

J. B. Wilmeth,

Chief Justice

 

State of Texas

County of Collin December Term of the county court 1850.

Be it remembered that the Last Monday 30th day of December 1850, a county court for the transaction of Probate Business has met and is now in session in town of McKinney.

Present: The Hon’l J. B. Wilmeth, Chief Justice.

Robert Fitzhugh, Sheriff

& Joel F. Stewart, Clk.

 

It is ordered that court adjourn this 30th day…

 

Page 398

 

…of December 1850.

J. B. Wilmeth,

Chief Justice

 

The State of Texas

County Collin January Term of the County Court 1851.

Be it remembered that on this Last Monday, 27th of January A..D. 1851, a county court for the transaction of Probate business is convened and now in session in the Town of McKinnney.

Present: The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

and Joel F. Stewart Clk.

 

It is ordered by the Court that JAMES GRAYUM administrator of the Estate of JOHN McKINNEY dec., proceed to sell a certain Bounty Land Warrant for 160 acres issued from the Government of the United States to the said JOHN McKINNEY dec., on Saturday the eight day of February next at Public Auction in the Town of McKinney to the highest bidder on a credit of six months, the purchaser being required to give bond and approved security.

It is further ordered that said Administrator give notice of said sale in writing posted up at the public places in the County.

 

It is ordered that court adjourn this 27th day of January 1851.

J. B. Wilmeth

Chief Justice Collin Co.

 

State of Texas

Collin County In vacation February 13th, 1851.

The petition of NATHANIEL BURDEN one of the Heirs at Law of the Estate of JOHN McKINNEY Deceased having been heard & considered by J. B. Wilmeth Chief Justice, it is therefore ordered the citation issue to JAMES GRAYUM Administrator of said Estate to appear at the next regular Term of this Court and make a full showing of the condition of said Estate and show cause (if any) why the succession thereof should not be closed.

J. B. Wilmeth,

Chief Justice, C. C.

 

Page 399

 

State of Texas

Collin County February Term of the County Court A. d. 1851.

Be it remembered that on the Last Monday, 24th day of February A. d. 1851, a County Court for the transaction of Probate Business has met in session in the Town of McKinney.

Present: The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

and Joel F. Stewart, Clk.

 

Upon petition of NATHANIEL BURDEN, it is ordered by the Court that citation issue to JAMES GRAYUM Administrator of the Estate of JOHN McKINNEY, deceased, to appear at the next regular term of the Court holden at the Court House in the Town of McKinney on the Last Monday, 31st day of March 1851, and make a full showing of the condition of said State. And show cause (if any) why the succession of said Estate shall not be closed.

It is ordered that Court adjourn, this 24th day of February 1851.

J. B. Wilmeth

Chief Justice

 

State of Texas

Collin County March Term of the County Court A. d. 1851.

Be it remembered that on this Last Monday, 31st day of March A. D. 1851, a County Court for the transaction of Probate Business has met in session in the Town of McKinney.

Present: The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

& Joel F. Stewart, clk. C. C. C.

 

It is ordered by the Court that the case wherein JOHN BURDEN one of the heirs at Law of JOHN McKINNEY deceased is plaintiff and JAS. GRAYUM Administrator thereof is defendant, stand continued until the next term of this Court.

 

It is ordered by the Court that JAMES GRAYUM administrator of the Estate of JOHN McKINNEY decd. Be authorized to sell at Public auction after giving 10 days notice a certain Land Warrant issued to the heirs of the said JOHN McKINNEY deceased on Saturday 12th day of April A. D. 1851, in the Town of McKinney upon a credit of six months requiring the purchaser thereof to give note with approved…

 

Page 400

 

…security.

It is so ordered that Court adjourn until court in course.

J. B. Wilmeth

Chief Justice, Collin Co.

 

State of Texas

Collin County April Term of the County Court A. D. 1851.

Be it remembered that on the 3rd Monday, 28th day of April A. d. 1851 a County Court for the transaction of Probate Business has met in session in the Town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

By James Bradley his dept.

And Joel F. Stewart, Clerk.

 

It is so ordered by the Court that the Letters of Administration granted to JAMES GRAYUM appointed administrator of the Estate of JOHN McKINNEY dec., be and they are hereby revoked and that his powers and authority ass such Administrator cease and determine.

 

It is ordered by the Court that SAMUEL R. CAMPBELL administrator of the Estate of JOSEPH B. ROBERTS deceased, be cited to appear at the next regular Term of thee County Court to be holden at the Court House in the Town of McKinney, on the Last Monday in May A. D. 1851, and make a full showing and exhibit of the condition of said Estate, and show cause if any why he shall not pay a claim in favor of THOMAS PHILIP for forty three Dollars and fifty cents against said Estate. Issued.

 

It is ordered that Court adjourn until Court in Course this 28th day of April 1851.

J. B. Wilmeth

Chief Justice Collin Co.

 

Page 401

 

State of Texas

Collin County May Term of the County Court A. D. 1851.

Be it remembers that on the 26th ay of May A. D. 1851, a county court for the transaction of Probate Business has met in session in the Town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

By James Bradley his dept.

And Joel F. Stewart, Clk.

 

At this day come S. R. CAMPBELL admr. of the Estate of JOSEPH B. ROBERTS deceased, and in obedience to an order for citation upon petition of THOMAS PHILIPS, makes a full showing and exhibit of the condition of said Estate, which, being satisfactory to the Court is approved and it is therefore ordered by the Court that all costs of citation to said Administrator is this case be collected of the said THOMAS PHILIPS.

 

GEORGE B. SCOTT Administrator of the Estate of JOSHUA E. HEATH and BENJAMIN THOMPSON deceased having been allowed leave of absence of six months at the September Term of this Court 1851, and whereas said Administrator has failed to return accordingly, it is therefore ordered and decreed by the Court that the Letters of Administration granted to said Administrator on said Estate, be and they are hereby revoked.

 

It is ordered that the report of JOHN FITZHUGH Administrator of the Estate [of] GEORGE McPHERSON deceased be continued until the next Term of this Court.

 

At this day comes ALEX BERRY Administrator of the Estate of JOHN DAVIS deceased and makes his annual report, which said report is examined and approved by the Court.

Said report shows a balance of $5.86 ¾, five Dollars and eighty six and *3/4 centers in the hands of said administrator.

 

It is ordered that Court adjourn until Court in course, this May 26th, 1851.

J. B. Wilmeth,

Chief Justice, Collin Co.

 

Page 402

 

State of Texas

Collin County June Term of the County Court A. D.

Be it remembered that on this 30th day June A. D. 1851, a county courts for the transaction of Probate Business has met.

Present: J. B. Wilmeth, Chief Justice

Joel F. Stewart, Clerk By Alex Berry his deputy and

Alex Berry his deputy and

A.      C. Warren, constable.

 

At this day comes JAMES W. THROCKMORTON in pursuance notice given as required by Law and asks for Letters of Administration on the Estates of BENJAMIN THOMPSON and JOSHUA E. HEATH deceased, and presents his Bonds for Administration on said Estates, which are approved by the Court. And it is ordered by the Court that Letters of Administration issue to said THROCKMORTON, as prayed for on said Estate.

 

At this day comes JEREMIAH H. WILSON Administrator of the Estate of WILLIAM WILHITE deced. And presents his report showing a balance in his hands belonging to said Estate amounting to the sum of $58 dollars and 8 ½ cents, which report is examined and approved by the Court and ordered to be filed.

 

It is ordered by the Court that JEREMIAH H. WILSON be authorized and directed to pay off all claims against the Estate of WILLIAM WILHITE deceased, which have been presented to said WILSON Administrator of said Estate and allowed and approved as required by Law.

 

At this day comes JEREMIAH H. WILSON Executor [of] McKENZIE WILHITE deceased and presents his report showing a balance in his hands belonging to said Estate of 197 dollars and 31 cents, which is examined and approved by the Court and ordered to be filed.

 

At this days comes WILLIAM SNIDER, guardian of HARRIET and JULIANNA ESTES Minors heirs of THOMAS ESTES deceased, and presents his report showing a balance in his hands belonging…

 

Page 403

 

…to said Wards of 8 dollars and 50 cents which is examined and approved by the Court and ordered to be filed.

 

It is ordered by the Court that WILLIAM SNIDER guardian of HARRIET S. and JULIANNA ESTIS be authorized and direct to sell at public auction, to the highest bidder, on Monday, the fourth day of August next, A. D. 1851, at the Town of McKinney, after giving ten day’s notice of the time and place of sale by advertisements put up at 3 public places in Collin County, one Land Warrant of the United States for 40 acres of land issued tot said HARRIETT S. ESTIS and JULIANN ESTIS only surviving children and heirs at Law of THOMAS ESTES deceased No. 3526, and date Jany. 25th 1849¾And that he make a report of said sale to this court.

 

It is ordered by the Court that this court now adjourn until the next court in course.

J. B. Wilmeth

Chief Justice

 

 

State of Texas

Collin County July Term of the County Court A. D. 1851.

Be it remembered that on this Last Monday 29t5h day of July A. D. 1851, a County Court for the transaction of Probate Business has met in session in the Town of McKinney.

Present: The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh Sheriff

And Joel F. Stewart Clk.

 

It is ordered that Court adjourn until court in course, this 29th day of July A. D. 1851.

J. B. Wilmeth

Chief Justice Collin Co.

 

State of Texas

Collin County August Term of the County Court A. D. 1851.

Be it remembered that on this Last Monday 25th day of August A. D. 1851, County Court for the transaction of Probate Business has convened in session in the Town of McKinney.

Present: The Hon’l J. B. Wilmeth, Chief Justice

Robt. Fitzhugh Sheriff by

Jas. T. Bradley Depty. and Joel

 

Page 404

 

F. Stewart Clerk.

 

Application having been made by JOHN RICE for the guardian of the property of MALINDA DAVIS infant heir at Law of the Estate of JOHN DAVIS, deceased, and it appearing to the satisfaction of the Court that the legal notices of said application have been given, ¾It is therefore ordered by the Court that the said JOHN RICE be and he is herby appointed Guardian of the property of the said MALINDA DAVIS and that Letters of Guardianship be issued to the said RICE accordingly, upon his giving Bond in the sum of One Hundred Dollars and taking the oath as required by Law.

 

State of Texas

County of Collin It is ordered by the Court that SAMUEL P. COLMAN be and he is hereby appointed guardian ad litem of the minors, to wit:

JOHN FISHER, JAMES FISHER and DELILY FISHER heirs at Law of the Estate of JAMES FISHER, deceased, to represent said minors in the partition and distribution of a certain tract of Land owned by said minors in common with POLLY ANN FLITCH, JOBY FISHER and TINEY FISHER, the same being a part of a certain tract of Land, located and surveyed by virtue of the Headright Certificate of said JAMES FISHER deceased, and situated in Collin County, State of Texas.

 

It is ordered and decreed by the Court that HIRAM WARREN, JEREMIAH B. WALKER and JOSIAH NICHOLS be and they are hereby appointed commissioners to make partition and distribution of a certain tract or parcel of land situation, lying, and being in the County of Collin State of Texas. The said land being a part of the Headright survey of JAMES FISHER, deceased, equally among the following named persons, to wit: POLLY ANN FITCH, JOBY FISHER, TINEY FISHER, JOHN FISHER, JAMES FISHER and DELILY FISHER (SAMUEL P. COLEMAN Guardian Ad litem to represent JOHN, JAMES and DELILY FISHER and that they make report of their proceedings…

 

Page 405

 

…At the next regular Term of this Court. And it is further ordered that a writ of partition issue to said commissioners commanding them to proceed forth with to make such partition and distribution in accordance with the decree of the Court.

 

At this day come JEREMIAH H. WILSON Administrator of the Estate of WM. WILHITE deceased and presents an additional inventory and appraisement of said Estate which is approved and ordered to be filed for record.

 

At this day comes Executor of the Estate of MCKENZIE WILHITE deceased and presents an additional inventory and appraisement of said Estate which is approved and ordered to be filed for record.

 

It is ordered by the Court that citation issue to JOHN FISHER, minor over the age of fourteen years old and one of the heirs of JAMES FISHER deceased, to appear at the next regular term of the County Court, to be held at the Court House in the Town of McKinney on the Last Monday, 29th day of September 1851.

 

It is ordered by the Court that citation issue to JAS. FISHER, minor over the age of fourteen years old and one of the heirs of JAMES FISHER deceased, to appear at the next regular term of the County Court, to be held at the Court House in the Town of McKinney on the Last Monday, 29th day of September 1851.

 

It is ordered by the Court that citation issue to DELILY FISHER, minor over the age of fourteen years old and one of the heirs of JAMES FISHER deceased, to appear at the next regular term of the County Court, to be held at the Court House in the Town of McKinney on the Last Monday, 29th day of September 1851.

 

It is ordered that Court adjourn this 25tth day of August 1851.

 

J. B. Wilmeth, Chief Justice

Collin County

 

State of Texas

County of Collin September Term of the County Court A. Dd. 1851

Be it remember that on the Last…

 

Page 406

 

…Monday, 29th day of September A. D. 1851 a County Court for the transaction of Probate Business has met in session in the Town of McKinney.

Present: the Hon’l J. B. Wilmeth, Chief Justice

Robt. Fitzhugh, Sheriff

And Joel F. Stewart Clerk

 

At this day appears JOHN FITZHUGH administrator of the Estate of GEORGE McPHERSON, dec. and presents an additional appraisement of said Estate which is examined and approved by the Court and ordered to be filed for record.

 

At this day comes JEREMIAH B. WALKER, HIRAM WARREN and JOSIAH NICHOLAS, commissioners appointed at a previous term of the Court to make partition and distribution of the Landed Estate belonging to the heirs of JAMES FISHER deceased and makes their report which is examined and approved by the Court and it is further ordered and decreed by the Court that the several parcels and portions of Land therein set forth described and allotted to the several heirs therein also designated be and the same is hereby declared to belong to said heirs (persons) to be held and owned as their respective property. And it is further ordered also that said report be recorded among the records for Lands and tenements in and for said County of Collin & State of Texas.

 

At this day appears JOHN FISHER, JAMES FISHER and DELILY FISHER, minor children and heirs of JAMES FISHER deceased, over the age of fourteen years, and made choice of ANN FISHER for their Guardian of their persons and Estates.

It is therefore ordered by the Court that the said ANN FISHER be and she is here by appointed Guardian of the persons and Estates of the said JAMES FISHER, JOHN FISHER, and DELILY FISHER, and that Letters of Guardianship be issued to the said Guardian, who has given Bond and taken (?) the oath as required by Law.

 

It is ordered that Court adjourn until…

 

Page 407

 

…Tomorrow 10 o’clock.

J. B. Wilmeth

Chief Justice

 

Tuesday 30th Sept. 1851

The Court has met pursuant to adjournment.

Present: The Hon’l J. B. Wilmeth, Chief Justice.

At this day appears JACOB BACUS Admr. Of the Estate of JOHN BARTRAM deceased, and makes his report which is examined and approved by the Court and ordered to be filed.

 

It is ordered by the court that WILLIAM FITZHUGH, WM. RICE and JACOB BACUS be and they are hereby appointed appraisers on the guardianship of MALINDA DAVIS, minor heir of JOHN… (deceased).

 

It is ordered by the court that JOSIAH NICHOLS, ROBTT. JOHNSON and EDWARD COCHRAN be and they are hereby appointed appraisers on the Guardianship of JOHN FISHER, JAMES FISHER and DELILY FISHER minor heirs of JAMES FISHER deceased. And that said appraisers be required to appraise the property of said Wards each separately, and that they be served with a copy of this order.

 

Issued 4th Oct 1851.

 

At this day appears WILLIAM RICE and JACOB BACUS a majority of the appraisers on the Guardianship of MALINDA DAVIS, infant heir of JOHN DAVIS deceased, and presents the appraisement of a certain Land Warrant, issued by the Government of the United State to JOHN DAVIS, for forty acres, which is examined and approved by the Court and ordered to be filed.

 

It is ordered by the Court that JOHN RICE Guardian of the property of MALINDA DAVIS minor child of JOHN DAVIS deceased, one of the heirs at Law of his Estate, proceed to sell to highest bidder, the undivided interest of the said MALINDA DAVIS (being one half) in and to a certain Land Warrant issued by the government of the United States to JOHN DAVIS the 21st day of June 1849 for 40 acres, No. 43745, on Saturday the 11th day of October 1851, after giving ten days notice in three public places in the County.

 

Page 408

 

It is ordered by the Court that the power and authority of JAMES U. THROCKMORTON administrator of BENJAMIN THOMPSON’S estate cease and determines and that his Letters of Administration on said administration be and they are hereby revoked.

 

It is ordered by the court that the powers and authority of JAMES U. THROCKMORTON administrator of the Estate of JOSHUA E. HEATH, deceased, cease and determine and that his Letters of Administration on said be and they are hereby revoked.

 

It is ordered that Court adjourn until Court in course this 30th day of Sept. 1851.

J. B. Wilmeth

Chief Justice Collin County

 

State of Texas

County of Collin Know all men by these presents that we ANN FISHER principal and JOSIAH NICHOLS and JOBY FISHER as sureties are held and firmly bound unto the chief Justice of the county of Collin the sum of Fifteen Hundred Dollars for the payment of which well and truly to be made, we bind ourselves, our heirs, Executors and Administrators jointly and severally, firmly by these present.

Signed and sealed with ourselves, the seals being scrawls, this 29th day of September A. D. 1851.

The condition of the above obligation is such that whereas, the above bounden ANNA FISHER has been appointed by the Chief Justice of the County of Collin and State of Texas, guardian of the person and Estate, property of the minors JAMES FISHER, JOHN FISHER and DELILY FISHER.

Now if the said ANNA FISHER (Guardian) shall well and truly perform all the duties required of her by Law under said appointment then this obligation shall be null and void, otherwise to remain in full…

 

Page 409

 

…force and effect.

Anna (her X mark) Fisher seal

Josiah Nichols seal

 

I, ANNA FISHER, do solemnly swear that I will well and truly perform the duties of Guardian of the persons and Estates of the minors JAMES FISHER, JOHN FISHER and DELILY FISHER, so help me God.

Anna (her X mark) Fisher

 

Sworn to and subscribed before me, Joel F. Stewart, clerk of the County Court, within and for the County of Collin, State of Texas.

Witness my official signature with the seal of my office hereunto affixed, this 29th day of September A. D. 1851.

L. S. Joel F. Stewart

Clk. C. C. & exoffo. R. C. C. Tx.

 

Examined and approved by me this 29th day of September A. D. 1851.

J. B. Wilmeth, Chief Justice of Collin Co.

 

Filed for record 29th day of September A. D. 1851.

Attest: Joel F. Stewart, Clk. C. C. C. C.

State of Texas

County of Collin Know all men by these presents that we JOHN RICE as principal and WILLIAM RICE, JOEL F. STEWART as sureties, are held and firmly bound unto the Chief Justice of the County of Collin in the sum of One Hundred dollars, for the payment of which well and truly to be made, we bind ourselves, our heirs, Executors and administrators, jointly, severally, firmly by these presents.

Signed and sealed with our seals, the seals being scrawls, this 30th day of August a. D. 1851.

The condition of the above obligation is such that whereas the above bounden JOHN RICE has been appointed by the County court of said County, guardian of the property of the minor MALINDA DAVIS infant heir or JOHN DAVIS deceased.

Now if the said Guardian shall well and truly perform all the duties required of him by Law under said appointment then this obligation shall…

 

Page 410

 

..be null and void, otherwise to remain in full force and effect.

John (his X mark) Rice seal

William (his X mark) Rice seal

Joel F. Stewart seal

 

State of Texas

Collin County I, JOHN RICE do solemnly swear that I will well and truly perform all the duties of Guardian of the property of the Minor MALINDA DAVIS, so help me God.

John (his X mark) Rice

 

State of Texas

Collin County Sworn to and subscribed before me Joel F. Stewart Clerk of the County Court within and for said County.

In witness whereof I hereunto set my hand and affix my seal this 30th day of August A. D. 1851.

L. S. Joel F. Stewart, Clk.

County Court Collin Co., Tx.

 

Examined and approved by me this 6th day of September 1851.

J. B. Wilmeth,

Chief Justice, Collin Co.

I certify that the original of the foregoing record was deposited for record in my office, 6th day of September A. D. 1851.

In witness whereof I hereby set my official signature.

Joel F. Stewart, Clk.

C. C. & exffo. R. C. Co. Tx.

 

State of Texas

Collin County October term of the County Court A. D. 1851.

Be it remembered that on the Last Monday, the 27th day of October A. D. 1851 a county Court for the transaction of Probate Business has met in session in the Town of McKinney.

Present: The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh Sheriff

By Jas. S. Bradley Dept &

 

Page 411

 

Joel F. Stewart Clerk.

At this day appears WM. SNIDER Guardian of the minors HARRIET ESTUS and JULY ANN ESTUS, and makes his report, which is examined and approved by the court, and ordered to be filed.

It is ordered that Court adjourn until tomorrow 10 o’clock A. M., this 27th day of October 1851.

J. B. Wilmeth

Chief Justice

 

Tuesday October 28th, 1851. The Court met pursuant to adjournment.

Present: J. B. Wilmeth, Chief Justice.

Robert Fitzhugh, Sheriff

By Jas. S. Bradley, Ept. (?)

And Joel F. Stewart, Clk.

 

At this day comes JOHN RICE, Guardian of the minor MALINDA DAVIS, and presents his report of the sale of the undivided interest of said minor in and to a certain Land Warrant for 40 acres issued to JOHN DAVIS by the Government of the United States, the 21st day of June 1849, No. 4745, which report is examined and approved by the Court.

It is therefore, ordered by the Court that said Guardian proceed to make transfer of the same as required by Law.

 

At this day comes JAS. W. THROCKMORTON guardian of the minor NANCY THROCKMORTON & presents his report which is examined by the Court and ordered to be continued until next Term of this Court.

 

It is ordered that Court adjourn until court in Course this 28th day of Oct. 1851.

J. B. Wilmeth

Chief Justice C. C.

 

Monday, November 24th, A. D. 1851.

At this day the County Court of Collin County & State of Texas, exercising Probate Jurisdiction met in accordance with Law.

Present: J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

Joel f. Stewart Clk By

Alex Berry his deputy

 

There being no business before the Court at this Term it is ordered that it stand adjourned until the next regular Term.

J. B. Wilmeth

Chief Justice Collin Co.

 

Page 412

 

State of Texas

Collin County December term of the County Court A. D. 1851.

Be it remembered that on the Last Monday, the 29th day of December A. D. 1851, County Court for the transaction of Probate Business, is now in session in the Town of McKinney.

Present: The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

By James S. Bradley, Sept. (?)

And Joel F. Stewart, Clk.

 

At this day comes JOHN FITZHUGH, administrator of the Estate of GEORGE McPHERSON, deceased and makes his report which is examined and approved by the court, and ordered to be filed.

 

ROBERT A. JOHNSON and EDWARD COCHRAM appointed by the Court to appraise the property of JAMES FISHER, minor, presents and [an] appraise Bill of the same, which is examined and approved by the court and ordered to be filed.

 

ROBERT A. JOHNSON and EDWARD COCHRAM appointed by the Court to appraise the property of JOHN FISHER minor, presents an appraise bill of the same which is examined and approved by the court and ordered to be filed.

 

ROBERT A. JOHNSON and EDWARD COCHRAM appointed by the Court to appraise the property of DELILAH FISHER, minor, presents and [an] appraise Bill of the same, which is examined and approved by the court and ordered to be filed.

 

It is ordered that court adjourn until court in Course, this 29th day of December 1851.

J. B. Wilmeth

Chief Justice Collin Co.

 

State of Texas

Collin County January Term of the County Court A. D. 1852. Be it remembered that…

 

Page 413

 

…the Last Monday, the 26 day of January A. D. 1852. county Court for the transaction of Probate Matters had met in session in the Town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Thos. T. Bradley, const. (?)

And Joel F. Stewart, Clk.

 

JOHN M. KINCAID having filed his petition in Court praying that an Administrator de Bonis Non be appointed on the Estate of BENJAMIN THOMPSON deceased to complete and wind up the affairs of said Estate and it appearing to the satisfaction of the Court that the necessary and legal notices have been given,¾ It is therefore ordered that the said JOHN M. KINCAID be and he is hereby appointed Administrator De Bonis Non of the Estate of the said BENJAMIN THOMPSON deceased and that Letters of Administration issue to the said KINCAID, upon his giving bond in the sum of Five Hundred Dollars, and taking the…of office as required by Law.

 

ABNER FICKLE having filed his petition in the Court praying he be appointed Administrator De Bonis Non on the Estate of JOHN McKINNEY deceased, and it appearing to the satisfaction of the court, that the legal and necessary notices have been given, ¾

It is therefore ordered that the said ABNER FICKLE be and he is hereby appointed administrator De Bonis Non, on the Estate of the said JOHN McKINNEY deceased, and that Letters of Administration issue to said FICKLE upon his giving bond in the sum of Eight Hundred Dollars, and taking the oath of office as the Law requires.

 

It is ordered that Court Adjourn until Court in Course.

J. B. Wilmeth, Chief Justice

 

State of Texas

Collin County February Term of the County Court A. D. 1852.

Be it remembered that on the Last Monday, 23rd day of February A. D. 1852, County Court for the transaction of Probate matters has met in session in the Town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff By

 

 

Page 414

 

Daniel Howell Deputy &

Joel F. Stewart, Clk.

 

At this day comes ABNER FICKLE Administrator De Bonis Non of the Estate of JOHN McKINNEY deceased, and make his report, which is examined and approved by the court.

 

At this day comes JOHN M. KINCAID, administrator De Bonis Non of the Estate of BENJAMIN THOMPSON deceased, and makes his report, which is examined and approved by the court.

 

It is ordered that court adjourn until court in course, this 23rd day of February 1852.

J. B. Wilmeth

Chief Justice Collin Co.

 

State of Texas

Collin County March Term of the County Court A. D. 1852

Be it remembered that on this the Last Monday, the 29th day of March A. D. 1852 County Court for the transaction of Probate Matters, met in session in the Town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff By

Daniel Howell his deputy &

Joel F. Stewart, Clk. C. C. C. C.

 

At this day came ANNA FISHER, Guardian of JOHN FISHER, and filed a receipt of said JOHN FISHER, showing that he had received of said guardian 371 acres of Land and one horse the property appraised to him as a minor b y the appraisers of his guardianship, ¾and prayed the court to be released and discharged from the Guardianship of said JOHN FISHER.

It is, therefore, ordered by the Court that said Guardian be released from any further responsibility as Guardian of said JOHN FISHER.

 

At this day came JOHN M. McNEIL and presented his petition, praying the Court to grand Letters of Administration unto him on the estate of GEORGE McNEIL deceased, and it appearing to the satisfaction of the Court that…

 

Page 415

 

…the necessary notice according to Law had been given of the filing of his petition.

It is therefore ordered by the Court that Letters of Administration be granted to him on the Estate of the said GEORGE McNEIL deceased and that Letters of Administration on said Estate issue to him accordingly, upon his giving Bond and taking the oath required by Law.

Whereupon he came into Court, and give Bond with approved security, and took the oath according to Law.

 

It is ordered by the court HARRISON JAMISON, SILAS YARNOLD &u WILLIAM RODGERS be and they are hereby appointed appraisers on the Estate of GEORGE McNEIL deceased, and that they make report of their proceedings within the time prescribed by Law.

Issued.

 

At this day comes LARKIN McCARTY and presents his petition to the Court, praying that Letters of Administration be granted to him, on the Estate of WILLIAM McCARTY, deceased, and it appearing to the Court that the necessary notice of the filing of said petition had been given according to Law,--

It is therefore ordered by the Court that Letters of Administration be granted unto said LARKIN McCARTY on the Estate of the said WILLIAM McCARTY deceased, and that they issue to him accordingly upon his giving Bond and taking the oath according to Law.

 

It is ordered by the Court SAMUEL BOGART, DAVID STIFF and J. M. BOUNDS be and they are hereby appointed appraisers on the Estate of WILLIAM McCARTY deceased and that they make report of their proceedings within the time prescribed by Law.

 

It is ordered that Court adjourn until Tomorrow 9 o’clock A. M.

J. B. Wilmeth, Chief Justice

 

Tuesday Morning 30th day of March A. D. 18542.

Court met pursuant to adjournment.

Present:

The Honorable J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

 

Page 416

 

Daniel Howell deputy.

AT this day comes JAMES HERNDON and presents his petition to the Court, praying that Letters of administration be granted to him on the Estate of JOHN McGARRAH deceased, and it appearing to the satisfaction of the Court that the necessary notices of the filing of his petition has been given according.—

It is therefore ordered by the court that Letters of Administration be granted to the said JAMES HERNDON on the Estate of the said JOHN McGARRAH dec., and that they issue to him accordingly upon his giving bond and taking the oath required by Law.

It is ordered by the Court that ANDREW STAFF, JORDON O. STRAUGHAN and HENRY H. TUKCKER be and they are hereby appointed appraisers of the estate of JOHN McGARAH (sic) deceased and that they make report of their proceedings within the time prescribed by Law.

Issued.

 

At this day is presented an inventory and appraised Bill of the Estate of WM. McCARTY, deceased, which are examined and approved by the Court, and ordered to be filed.

 

It is ordered by the Court that Court adjourn until tomorrow 9 o’clock this 30th day of March 1852.

J. B. Wilmeth,

Chief Justice

 

Wednesday Morning March 31stt 1852.

Court met pursuant to adjournment.

Present:

The Honorable J. B. Wilmeth, Chief Justice

Robt. Fitzhugh, Sheriff

By Daniel Howell, his deputy

and Joel F. Stewart, Clk.

 

At this day comes LARKIN McCARTY, administrator of the Estate of WILLIAM McCARTY dec. and presents his petition praying the court for an order to sell certain Colony Certificate for 640 acres of Land issued to the heirs of the said WM. MCCARTY deceased by Thos. Wm. Ward, Commissioner….

 

Page 417

 

…for Peter’s Colony.

It is therefore ordered by the Court that said Administrator proceed to sell said Certificate, after giving ten days notice in three public places in Collin County, of the time and place of selling the same, to the highest bidder for cash in hand.

The sale to take place at the Court House door in the Town of McKinney, this 27th day of April 1852.

At this day comes LARKIN McCARTY and presents his account for twelve dollars and fifty cents, which is examine and approved by the Court.

 

It is ordered that Court adjourn until Court in course, this 31st day of March A. D. 1852.

J. B. Wilmeth,

Chief Justice C. C.

 

State of Texas

Collin County April Term of the County Court, A. D. 1852.

Be it remembered that on the 26th day of April A. D. 1852, County Court for the transaction of Probate Matters met in the Town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Thos. Bradley, Const.

and Joel F. Stewart, Clk.

 

At this day come ALEX BERRY Administrator of JOHN DAVIS deceased and presents his annual report which is examined and approved by the Court and ordered to be filed.

 

It is ordered by the Court that ALEX BERRY, Administrator of JOHN DAVIS deceased, proceed to pay all claims of Every kind against the Estate of said deceased which have been approved an allowed by this Court. And that he be authorized to pay over to the heirs or distributes of said Estate any balance which may remain in his hands, after said payments may have been made and after retaining in his hands such sums as will settle (?)…

 

Page 418

 

…the future costs of administration.

 

The Court met pursuant to adjournment this 27th day of April A. D. 1852.

Present;

The Hon’l J. B. Wilmeth, Chief Justice

Thomas Bardley, Constable

& Joel F. Stewart Clerk

 

It is ordered by the Court that one hundred and fifty dollars (to be taken out of the goods and chattels and Effects of the Estate of JOHN McGARRAH deceased, be set apart and reserved from any other use, to POLLY McGARRAH, widow of said JOHN McGARRAH and her four infant children composing her family, to wit: for the support and maintain (sic) of said Widow and family for twelve months, together with the rents which may accrue and the use, benefit &c of the farm on which the said widow and family now reside.

 

At this time comes JOHN McNEIL, Administrator of the Estate of GEORGE McNEIL dec. & presents an inventory & List of the property appraised, and an inventory and List of the claims belonging to the Estate of said GEORGE McNEIL deceased, which is examined and approved by the Court and ordered to be recorded.

 

At this day come JOHN M McNEIL administrator of the Estate of GEORGE McNEIL deceased and makes application for thee sale of the present property belonging to said Estate, showing that the same is of perishable kind and liable…

 

Page 419

 

…to waste.

It is therefore ordered by the court that said Administrator proceed to sell said property on 29th day of May next, at the late residence of the said deceased, after giving notice according to Law of the time and place of sale, to the highest bidder on a credit of six months, by the purchaser giving note and approved security.

 

At this day comes LARKIN McCARTY, administrator of the Estate of WM. MCCARTY deceased, and makes his report of the sale of a certain Colony Headright Certificate for 640 acres, issued to the heirs of said WM. McCARTY deceased, by Thos. Wm. Ward, Commissioner for Peter’s Colony, 29th day of April A. D. 1852, No. 70, showing in said report that he proceed to sell said certificate on the 27th day of April A. D. 1852, at the Court House door in the Town of McKinney, after giving ten days notice of the time and place of sale of the same in writing posted up at three public places in Collin County, to the highest bidder for cash in hand. That HARRISON JAMISON became the purchaser thereof by bidding therefore the sum of One Hundred and forty two dollars which sale is approved and confirmed by the Court.

And it is further ordered that said Administrator proceed to transfer & convey all the Rights, title, interest and claim which thee heirs of thee said WM. McCARTY deceased have in and to said certificate, granted as aforesaid to said heirs of WM. McCARTY deceased on the 29th day of April A. D. 1850, unto the said HARRISON JAMISON his heirs or assignees.

 

It is ordered that the petition of THOS. CULWELL for Letters of Administration on the Estate of BENJAMIN THAYER deceased be continued until the next term of this Court.

 

It is ordered that court adjourn until Court in Course, this 27, April 1852.

J. B. Wilmeth,

Chief Justice

 

State of Texas

Collin County May Term of the County Court A. Dd. 1852.

Be it remembered that on this Last Monday, 31st day of May AA. DD. 1852, County Court for…

 

Page

 

Page 420

 

…for the transaction of Probate matters met in session in the Town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

And Joel F. Stewart Clk.

 

JOHN CULWELL having filed his petition praying the Court to grant letters of Guardianship of the person and Estate of his minor children, THOMAS BERRY CULWELL, JOSHUA GREEN BERRY CULWELL and WM. SEAMAN CULWELL. And the Court being satisfied that the necessary and legal notices have been given according to Law, it is, therefore ordered by the Court that the said JOHN CULWELL be and he is hereby appointed Guardian of the person and Estate of the said minors, to wit: THOMAS BERRY CUCLWELL, JOSHUIA GREE BERRY CULWELL and WM. SEAMAN CULWELL and that Letters of Guardianship issue to said JOHN CULWELL, accordingly, upon this giving Bond and taking the oath as required by Law.

 

At this day come JAS. HERNDON Admr. Of the Estate of JOHN McGARRAH deceased and presents a List and inventory of the property (apprised) and inventory and List of claims belonging to Said Estate, which is examined and approved by the Court and ordered to be filed for record.

 

At this [day] comes ALEXANDER BERRY administrator of the Estate of JOHN DAVIS deceased, deliver and pay into the hands of the widow and children of the said deceased all the property belonging to the Estate of the said JOHN McGARRAH deceased, exempt from forced sale or execution in pursuance of an act of January A. D. 1850.

 

It is ordered by the Court that JOHN M. McNEIL, administrator of the Estate of GEORGE

 

Page 421

 

McNEIL deceased, deliver and pay over to the widow and child of the said deceased, all the property belonging to said Estate exempt from force sale or execution in pursuance of an act of January A. D. 1850.

 

It is ordered that Court adjourn until Court in Course, this 31st day of May A. D. 1852.

 

J. B. Wilmeth,

Chief Justice

 

State of Texas

Collin County June term of the County Court A. D. 1852.

Be it remembered that on the Last Monday 28th day of June A. D. 1852, County Court for the transaction of Probate Matters has met in session in the town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, sheriff

And Joel F. Stewart, Clk of said County Court

 

At this day come FREDERICK MOSS and ELIZA JANE CLARK and presents their petition praying the Court for Letters of Administration on the Estate of LANSON CLARK deceased, and the Court being satisfied that the legal and necessary notices had been given of the filing of said petition¾It is therefore ordered by the Court that the said FREDERICK MOSS and ELIZA JANE CLARK be and they are hereby appointed administrator and addministratrix on the Estate of the said LANSON CLARK deceased, and that Letters of Administration issue to them upon their giving Bond and taking the oath as required by Law.

 

At this day comes SAMUEL BOGART and presents his petition praying the Court to grant letters of Administration on the Estate of BENJAMIN THAYER deceased and the Court being satisfied that the legal and necessary notices of the filing of said Petition had been given¾It is therefore, ordered by the Court that said SAMUEL BOGART be and, he is hereby appointed Administrator of the Estate of the said BENJAMIN THAYER deceased, and that Letters of Administration issue to him accordingly upon his giving bond in the sum of Five Hundred dollars and taking the oath required by Law.

It is ordered that Court adj-…

 

Page 422

 

journ until Court in course, this 28th day of June a. D. 1852.

J. B. Wilmeth,

Chief Justice

 

State of Texas

Collin County July Term of the County Court A. D. 1852.

Be it remembered that on this the Last Monday, the 26th day of July A. D. 1852 County Court for the transaction of Probate Matters has met in session in the Town of McKinney.

Present: The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

AND Joel F. Stewart, Clerk

 

It is ordered by the Court that the powers and authority of FREDERICK MOSS and ELIZA JANE CLARK, appointed administrator and administratrix of the Estate of LANSON CLARK deceased at the Last Term of this Court, be and they are hereby revoked.

 

At this day is presented the petition of GEO. H. PEGUES praying the Court to grant Letters of Administration to him on the Estate of JOHN CLAY deceased, and it appearing to the Court that the necessary and legal notices and filing of the same have been given.

It is therefore ordered by the Court that the said GEO H. PEGUES be and he is hereby appointed Administrator of the Estate of the said JOHN CLAY deceased and that Letters of Administration issue to said PEGUES accordingly, upon his giving Bond in the sum of Five Hundred Dollars and taking the oath required by Law.

 

At this day come SAMUEL R. CAMPBELL Administrator of the Estate of JOSEPH B. ROBERTS deceased, and makes his report which is examined and approved and ordered to be filed.

 

At this day comes ALEX BERRY administrator of the Estate of JOHN DAVIS deceased, and presents his report, which is examined and approved and ordered to be filed.

 

Page 423

 

At this day is presented the petition of EPHRIAN D. McCOY praying the Court to grant Letters of Guardianship on the Estate of HUGH W. HARRIS, JAMES M. HARRIS, GEORGE F. HARRIS and SARAH HARRIS, infant minors and children of AESOP HARRIS deceased and heirs at Law of his Estate. And the Court being satisfied that the necessary and legal notices of the filing of said petition have been given.¾It is, therefore ordered by the Court that the said EPHRIAN D. McCOY be and he is hereby appointed guardian of the Estate of said minors, to wit: HUGH W. HARRIS, JAMES M. HARRIS, GEORGE F. HARRIS and SARAH HARRIS, and that Letters of Guardianship on the Estate of the said minors issue to said McCOY upon his giving Bond in the sum of Five Hundred Dollars with approved security and taking the oath required by Law.

 

At this day is presented the petition of POLLY McGARRAH praying the Court to grant Letters of Guardianship on the Estate…RANDOLPH McGARRAH, SEBERN McGARRAH, CONWAY McGARRAH, and MARGARET McGARRAH, minors and heirs at Law of the Estate of JOHN McGARRAH deceased. And the Court being satisfied that the necessary and Legal notices of the filing of said petition have been given,¾It is therefore ordered by the Court that the said POLLY McGARRAH be and she is hereby appointed Guardian of the property and Estate of said minors.. The said SEBRON McGARRAH being over the age of fourteen years appeared in open court and made choice of the said POLLY McGARRAH for his guardian. It is, there, ordered by the court that Letters of Guardianship issue to said POLLY McGARRAH on the Estate of said minors, to wit: RANDOLPH McGARRAH, SEBRON McGARRAH, CONWAY McGARRAH and MARGARET McGARRAH, upon her giving Bond in the sum of One Thousand dollars with good security and taking the oath required by Law.

 

At this day is presented the petition of ALFRED CHANDLER praying the court to grant Letters of Guardianship for the person and Estate of JOHN MAGNER and MARGARET ANN MAGNER, minor children of JEREMINAH MAGNER, deceased and heirs at Law of his Estate.

The said JOHN MAGNER being over fourteen years, made choice of the said CHANDLER for his guardian in open court. It is therefore ordered by the court that the said ALFRED CHANGLER be and…

 

Page 415

 

…the necessary notice according to Law had been given of the filing of his petition.

It is therefore ordered by the Court that Letters of Administration be granted to him on the Estate of the said GEORGE McNEIL deceased and that Letters of Administration on said Estate issue to him accordingly, upon his giving Bond and taking the oath required by Law.

Whereupon he came into Court, and give Bond with approved security, and took the oath according to Law.

 

It is ordered by the court HARRISON JAMISON, SILAS YARNOLD & WILLIAM RODGERS be and they are hereby appointed appraisers on the Estate of GEORGE McNEIL deceased, and that they make report of their proceedings within the time prescribed by Law.

Issued.

 

At this day comes LARKIN McCARTY and presents his petition to the Court, praying that Letters of Administration be granted to him, on the Estate of WILLIAM McCARTY, deceased, and it appearing to the Court that the necessary notice of the filing of said petition had been given according to Law,--

It is therefore ordered by the Court that Letters of Administration be granted unto said LARKIN McCARTY on the Estate of the said WILLIAM McCARTY deceased, and that they issue to him accordingly upon his giving Bond and taking the oath according to Law.

 

It is ordered by the Court SAMUEL BOGART, DAVID STIFF and J. M. BOUNDS be and they are hereby appointed appraisers on the Estate of WILLIAM McCARTY deceased and that they make report of their proceedings within the time prescribed by Law.

 

It is ordered that Court adjourn until Tomorrow 9 o’clock A. M.

J. B. Wilmeth, Chief Justice

 

Tuesday Morning 30th day of March A. D. 18542.

Court met pursuant to adjournment.

Present:

The Honorable J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

 

Page 416

 

Daniel Howell deputy.

AT this day comes JAMES HERNDON and presents his petition to the Court, praying that Letters of administration be granted to him on the Estate of JOHN McGARRAH deceased, and it appearing to the satisfaction of the Court that the necessary notices of the filing of his petition has been given according.—

It is therefore ordered by the court that Letters of Administration be granted to the said JAMES HERNDON on the Estate of the said JOHN McGARRAH dec., and that they issue to him accordingly upon his giving bond and taking the oath required by Law.

It is ordered by the Court that ANDREW STAFF, JORDON O. STRAUGHAN and HENRY H. TUKCKER be and they are hereby appointed appraisers of the estate of JOHN McGARAH (sic) deceased and that they make report of their proceedings within the time prescribed by Law.

Issued.

 

At this day is presented an inventory and appraised Bill of the Estate of WM. McCARTY, deceased, which are examined and approved by the Court, and ordered to be filed.

 

It is ordered by the Court that Court adjourn until tomorrow 9 o’clock this 30th day of March 1852.

J. B. Wilmeth,

Chief Justice

 

Wednesday Morning March 31stt 1852.

Court met pursuant to adjournment.

Present:

The Honorable J. B. Wilmeth, Chief Justice

Robt. Fitzhugh, Sheriff

By Daniel Howell, his deputy

and Joel F. Stewart, Clk.

 

At this day comes LARKIN McCARTY, administrator of the Estate of WILLIAM McCARTY dec. and presents his petition praying the court for an order to sell certain Colony Certificate for 640 acres of Land issued to the heirs of the said WM. MCCARTY deceased by Thos. Wm. Ward, Commissioner….

 

Page 417

 

…for Peter’s Colony.

It is therefore ordered by the Court that said Administrator proceed to sell said Certificate, after giving ten days notice in three public places in Collin County, of the time and place of selling the same, to the highest bidder for cash in hand.

The sale to take place at the Court House door in the Town of McKinney, this 27th day of April 1852.

At this day comes LARKIN McCARTY and presents his account for twelve dollars and fifty cents, which is examine and approved by the Court.

 

It is ordered that Court adjourn until Court in course, this 31st day of March A. D. 1852.

J. B. Wilmeth,

Chief Justice C. C.

 

State of Texas

Collin County April Term of the County Court, A. D. 1852.

Be it remembered that on the 26th day of April A. D. 1852, County Court for the transaction of Probate Matters met in the Town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Thos. Bradley, Const.

and Joel F. Stewart, Clk.

 

At this day come ALEX BERRY Administrator of JOHN DAVIS deceased and presents his annual report which is examined and approved by the Court and ordered to be filed.

 

It is ordered by the Court that ALEX BERRY, Administrator of JOHN DAVIS deceased, proceed to pay all claims of Every kind against the Estate of said deceased which have been approved an allowed by this Court. And that he be authorized to pay over to the heirs or distributes of said Estate any balance which may remain in his hands, after said payments may have been made and after retaining in his hands such sums as will settle (?)…

 

Page 418

 

…the future costs of administration.

 

The Court met pursuant to adjournment this 27th day of April A. D. 1852.

Present;

The Hon’l J. B. Wilmeth, Chief Justice

Thomas Bardley, Constable

& Joel F. Stewart Clerk

 

It is ordered by the Court that one hundred and fifty dollars (to be taken out of the goods and chattels and Effects of the Estate of JOHN McGARRAH deceased, be set apart and reserved from any other use, to POLLY McGARRAH, widow of said JOHN McGARRAH and her four infant children composing her family, to wit: for the support and maintain (sic) of said Widow and family for twelve months, together with the rents which may accrue and the use, benefit &c of the farm on which the said widow and family now reside.

 

At this time comes JOHN McNEIL, Administrator of the Estate of GEORGE McNEIL dec. & presents an inventory & List of the property appraised, and an inventory and List of the claims belonging to the Estate of said GEORGE McNEIL deceased, which is examined and approved by the Court and ordered to be recorded.

 

At this day come JOHN M McNOLL administrator of the Estate of GEORGE McNEIL deceased and makes application for thee sale of the present property belonging to said Estate, showing that the same is of perishable kind and liable…

 

Page 419

 

…to waste.

It is therefore ordered by the court that said Administrator proceed to sell said property on 29th day of May next, at the late residence of the said deceased, after giving notice according to Law of the time and place of sale, to the highest bidder on a credit of six months, by the purchaser giving note and approved security.

 

At this day comes LARKIN McCARTY, administrator of the Estate of WM. MCCARTY deceased, and makes his report of the sale of a certain Colony Headright Certificate for 640 acres, issued to the heirs of said WM. McCARTY deceased, by Thos. Wm. Ward, Commissioner for Peter’s Colony, 29th day of April A. D. 1852, No. 70, showing in said report that he proceed to sell said certificate on the 27th day of April A. D. 1852, at the Court House door in the Town of McKinney, after giving ten days notice of the time and place of sale of the same in writing posted up at three public places in Collin County, to the highest bidder for cash in hand. That HARRISON JAMISON became the purchaser thereof by bidding therefore the sum of One Hundred and forty two dollars which sale is approved and confirmed by the Court.

And it is further ordered that said Administrator proceed to transfer & convey all the Rights, title, interest and claim which thee heirs of thee said WM. McCARTY deceased have in and to said certificate, granted as aforesaid to said heirs of WM. McCARTY deceased on the 29th day of April A. D. 1850, unto the said HARRISON JAMISON his heirs or assignees.

 

It is ordered that the petition of THOS. CULWELL for Letters of Administration on the Estate of BENJAMIN THAYER deceased be continued until the next term of this Court.

 

It is ordered that court adjourn until Court in Course, this 27, April 1852.

J. B. Wilmeth,

Chief Justice

 

State of Texas

Collin County May Term of the County Court A. Dd. 1852.

Be it remembered that on this Last Monday, 31st day of May AA. DD. 1852, County Court for…

 

Page

 

Page 420

 

…for the transaction of Probate matters met in session in the Town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

And Joel F. Stewart Clk.

 

JOHN CULWELL having filed his petition praying the Court to grant letters of Guardianship of the person and Estate of his minor children, THOMAS BERRY CULWELL, JOSHUA GREEN BERRY CULWELL and WM. SEAMAN CULWELL. And the Court being satisfied that the necessary and legal notices have been given according to Law, it is, therefore ordered by the Court that the said JOHN CULWELL be and he is hereby appointed Guardian of the person and Estate of the said minors, to wit: THOMAS BERRY CUCLWELL, JOSHUIA GREE BERRY CULWELL and WM. SEAMAN CULLWELL and that Letters of Guardianship issue to said JOHN CULWELL, accordingly, upon this giving Bond and taking the oath as required by Law.

 

At this day come JAS. HERNDON Admr. Of the Estate of JOHN McGARRAH deceased and presents a List and inventory of the property (apprised) and inventory and List of claims belonging to Said Estate, which is examined and approved by the Court and ordered to be filed for record.

 

At this [day] comes ALEXANDER BERRY administrator of the Estate of JOHN DAVIS deceased, deliver and pay into the hands of the widow and children of the said deceased all the property belonging to the Estate of the said JOHN McGARRAH deceased, exempt from forced sale or execution in pursuance of an act of January A. D. 1850.

 

It is ordered by the Court that JOHN M. McNEIL, administrator of the Estate of GEORGE

 

Page 421

 

McNEIL deceased, deliver and pay over to the widow and child of the said deceased, all the property belonging to said Estate exempt from force sale or execution in pursuance of an act of January A. D. 1850.

 

It is ordered that Court adjourn until Court in Course, this 31st day of May A. D. 1852.

 

J. B. Wilmeth,

Chief Justice

 

State of Texas

Collin County June term of the County Court A. D. 1852.

Be it remembered that on the Last Monday 28th day of June A. D. 1852, County Court for the transaction of Probate Matters has met in session in the town of McKinney.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, sheriff

And Joel F. Stewart, Clk of said County Court

 

At this day come FREDERICK MOSS and ELIZA JANE CLARK and presents their petition praying the Court for Letters of Administration on the Estate of LANSON CLARK deceased, and the Court being satisfied that the legal and necessary notices had been given of the filing of said petition¾It is therefore ordered by the Court that the said FREDERICK MOSS and ELIZA JANE CLARK be and they are hereby appointed administrator and addministratrix on the Estate of the said LANSON CLARK deceased, and that Letters of Administration issue to them upon their giving Bond and taking the oath as required by Law.

 

At this day comes SAMUEL BOGART and presents his petition praying the Court to grant letters of Administration on the Estate of BENJAMIN THAYER deceased and the Court being satisfied that the legal and necessary notices of the filing of said Petition had been given¾It is therefore, ordered by the Court that said SAMUEL BOGART be and, he is hereby appointed Administrator of the Estate of the said BENJAMIN THAYER deceased, and that Letters of Administration issue to him accordingly upon his giving bond in the sum of Five Hundred dollars and taking the oath required by Law.

It is ordered that Court adj-…

 

Page 422

 

journ until Court in course, this 28th day of June a. D. 1852.

J. B. Wilmeth,

Chief Justice

 

State of Texas

Collin County July Term of the County Court A. D. 1852.

Be it remembered that on this the Last Monday, the 26th day of July A. D. 1852 County Court for the transaction of Probate Matters has met in session in the Town of McKinney.

Present: The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh, Sheriff

AND Joel F. Stewart, Clerk

 

It is ordered by the Court that the powers and authority of FREDERICK MOSS and ELIZA JANE CLARK, appointed administrator and administratrix of the Estate of LASON CLARK deceased at the Last Term of this Court, be and they are hereby revoked.

 

At this day is presented the petition of GEO. H. PEGUES praying the Court to grant Letters of Administration to him on the Estate of JOHN CLAY deceased, and it appearing to the Court that the necessary and legal notices and filing of the same have been given.

It is therefore ordered by the Court that the said GEO H. PEGUES be and he is hereby appointed Administrator of the Estate of the said JOHN CLAY deceased and that Letters of Administration issue to said PEGNES accordingly, upon his giving Bond in the sum of Five Hundred Dollars and taking the oath required by Law.

 

At this day come SAMUEL R. CAMPBELL Administrator of the Estate of JOSEPH B. ROBERTS deceased, and makes his report which is examined and approved and ordered to be filed.

 

At this day comes ALEX BERRY administrator of the Estate of JOHN DAVIS deceased, and presents his report, which is examined and approved and ordered to be filed.

 

Page 423

 

At this day is presented the petition of EPHRIAN D. McCOY praying the Court to grant Letters of Guardianship on the Estate of HUGH W. HARRIS, JAMES M. HARRIS, GEORGE F. HARRIS and SARAH HARRIS, infant minors and children of AESOP HARRIS deceased and heirs at Law of his Estate. And the Court being satisfied that the necessary and legal notices of the filing of said petition have been given.¾It is, therefore ordered by the Court that the said EPHRIAN D. McCOY be and he is hereby appointed guardian of the Estate of said minors, to wit: HUGH W. HARRIS, JAMES M. HARRIS, GEORGE F. HARRIS and SARAH HARRIS, and that Letters of Guardianship on the Estate of the said minors issue to said McCOY upon his giving Bond in the sum of Five Hundred Dollars with approved security and taking the oath required by Law.

 

At this day is presented the petition of POLLY McGARRAH praying the Court to grant Letters of Guardianship on the Estate…RANDOLPH McGARRAH, SEBERN McGARRAH, CONWAY McGARRAH, and MARGARET McGARRAH, minors and heirs at Law of the Estate of JOHN McGARRAH deceased. And the Court being satisfied that the necessary and Legal notices of the filing of said petition have been given,¾It is therefore ordered by the Court that the said POLLY McGARRAH be and she is hereby appointed Guardian of the property and Estate of said minors.. The said SEBRON McGARRAH being over the age of fourteen years appeared in open court and made choice of the said POLLY McGARRAH for his guardian. It is, there, ordered by the court that Letters of Guardianship issue to said POLLY McGARRAH on the Estate of said minors, to wit: RANDOLPH McGARRAH, SEBRON McGARRAH, CONWAY McGARRAH and MARGARET McGARRAH, upon her giving Bond in the sum of One Thousand dollars with good security and taking the oath required by Law.

 

At this day is presented the petition of ALFRED CHANDLER praying the court to grant Letters of Guardianship for the person and Estate of JOHN MAGNER and MARGARET ANN MAGNER, minor children of JEREMINAH MAGNES, deceased and heirs at Law of his Estate.

The said JOHN MAGNER being over fourteen years, made choice of the said CHANDLER for his guardian in open court. It is therefore ordered by the court that the said ALFRED CHANGLER be and…

 

Page 424

 

…he is appointed Guardian of the persons and Estates of the minors the said JOHN MAGNER and MARGARET ANN MAGNER, and that Letters of Guardianship issue to said CHANDLER upon his giving Bond in the sum of Four Hundred Dollars with approved security and taking the oath require by Law.

 

At this day presented the petition of OLIVER LOVING praying the County Court grant Letters of Guardianship for the person and Estate of JEFFERSON CLARK, minor.

And the Court being satisfied that the necessary and legal notices of the filling of his petition have been given the said Minor being over the age of 14 years, appeared in open court, an made choice of said LOVING for his Guardian.

It is therefore ordered by the Court that the said OLIVER LOVING be and he is hereby appointed Guardian of the Person and Estate of the said minor (JEFFERSON CLARK) and that Letters of Guardianship be issue to said LOVING upon his giving Bond in the sum of Twenty Five Hundred Dollars with approved security and taking the oath required by Law.

 

It is ordered by the court that J. M. BOUNDS, DAVID STIFF and JORDON O. STRAUGHAN be and they are hereby appointed appraisers of the Estate of BENJAMIN THAYER deceased.

Issued.

 

It is ordered by the Court that HARRISON ABNER, TICKLE and E. WITELEY be appointed appraisers of the Estate of JOHN CLAY deceased.

 

It is ordered by the Court that J. M. McREYNOLDS, PETER WALLASS and CHARLES WRIGHT be and they are hereby appointed appraisers of the Estate of minors, HUGH W. HARRIS, JAMES HARRIS, GEORGE F. HARRIS and SARAH HARRIS.

Issued.

 

It is ordered by the Court that JORDON O. STRAUGHAN, ALFRED CHANDLER and HENRY H. TUCKER (?)…

 

Page 425

 

…be and they are hereby appointed appraisers of the Estates of the minors, RANDOLPH McGARRAH, SEBRON McGARRAH, CONWAY McGARRAH and MARGARET McGARRAH. Issued.

 

It is ordered by the court that WM MORMAN, ELI WITT and JOHN SPEER be and they are hereby appointed appraisers of the Estate of JEFFERSON CLARK, a minor.

 

At this day comes forward JOHN M. KINCAID administrator of the estate of BENJAMIN THOMPSON deceased and makes application for a final settlement and to be released from the duties of Administration on said Estate.

Whereupon it is ordered by the court said Administrator give notice of such application by writing, posted up in three public places in Collin County (at least) twenty days before the next regular Term of this Court.

It is ordered that Court adjourn until tomorrow at nine o’clock A. M. this 26tth day of July A. d. 1852.

J. B. Wilmeth

Chief Justice

 

On Tuesday Morning 27th day of July A. D. 1852, the Court met pursuant to Adjournment.

Present:

The Hon’l J. B. Wilmeth, Chief Justice

Robert Fitzhugh Sheriff By

Daniel Howell his deputy

And Joel F. Stewart Clerk

 

At this day comes MOSES JONES and presents his petition praying the Court for Letters of Administration on the Estate of ALLEN DANIEL deceased and the Court being satisfied that the necessary and legal notice of the filing of said petition have been given, ¾It is therefore ordered by the court that the said MOSES JONES be and he is hereby appoint administrator of the Estates of the said ALLEN DANIEL and that Letters of Administration on said Estate be issued to said JONES upon his giving Boned with approved security and taking the oath of office required by Law.

 

Page 426

 

August 1852 Probate Court.

It is ordered by the Court that WM. GOTCHER, JOHN HAVENS, ELISHA GLASS be and they are hereby appointed appraisers of the Estate of ALLEN DANIEL, deceased.

 

It is ordered by the Court that ALEX. BERRY, Administrator of the estate of JOHN DAVIS deceased pay over to ELIZABETH RICE formerly ELIZABETH DAVIS widow of the said JOHN DAVIS deceased, and to her infant child (by her guardian JOHN RICE) heirs at Law of the estate of said DAVIS, the sum of fifteen dollars, as prayed for in his petition filed 26th day of July 1852.

 

It is ordered that court adjourn until Court in course, this 27th day of July 1852.

J. B. Wilmeth

Chief Justice

 

State of Texas

Collin County August Term A. D. 1852

Be it known that on the 30th day of August A. D. 1852 the Court met.

Present: Hon. H. Jamison Chief Justice

Robert Fitzhugh, Sheriff

& John L. Lovejoy Clerk C. C. C. C. also

George Fitzhugh and John Martin Co. coms. Acting a Probate Court.

 

It is ordered by the court that HARRISON JAMISON be and he is hereby appointed administrator of the Estate of LANDSON CLARK deceased and Letters of Administratorship be issued to him upon his giving Bond in the sum of Eight Thousand Dollars with approved security and taking the oath as required of such administrator.

George Fitzhugh & John Martin acting as such Court.

Issued.

 

August 1852. Probate Court.

It is ordered by the Court that ELI WITT, JOHN SPEER, and WILLIAM FORMAN…

 

Page 427

 

…be and they are hereby appointed appraisers of the Estate of LANDSON CLARK, deceased.

Issued.

 

At this day come WM. ROGERS and presents his petition for Letters of Administration, praying that the court may grant the same on the Estate of WM. PINELL (POWELL?) deceased, which is laid over until after sixty days.

 

At this day comes JOHN M. McNEIL and presents his petition, praying that he may be appointed Administrator pro tem of the Estate of WM. POWELL deceased.

Therefore it is ordered by the Court that Letters of Administration pro tem be issued to said JOHN M. MCNEIL upon his giving Bond and approved security, also taking the oath required of him as such Admr.

 

Issued.

 

It is ordered by the court that JOHN M. McNEIL be and he is hereby authorized to enter upon & take possession of all the Estate of said deceased, both real and personal. And collect by suit or otherwise all sum of money due said Estate & for the recovery of any property belonging to said Estate which may be [in] the possession of any person or persons and he is hereby intrusted (sic) with all power to administer property real or personal according to Law. And he is required to make full report to this court of his acts as the Law required him to do.

 

August 1852. Probate Court.

At this day comes JOHN M. KINCAID and filed a final account as administrator of the Estate of BENJAMIN THOMPSON deceased which it is ordered by the court be filed for final settlement at the next term of the Probate court.

 

It is ordered by the Court that notice be given to all persons interested in the Estate of BENJAMIN THOMPSON, that JOHN M. KIINCIAD, administrator of said Estate, will appear at the next regular term of this…to make final settlement.

Issued.

 

At this day comes JOHN M. McNEIL, Admr. and….

 

Page 428

 

…presents an inventory of all property of the Estate of WILLIAM POWELL. Said inventory is filed with Clerk.

 

It is ordered by the court that H. JAMERSON Admr. enter on duty.

This is, therefore to authorize the said Administrator to enter upon and take possession of all the Estate of said Deceased both real an personal and administer according with Law, all orders of this court, all and singular the Lands, Tenements, Goods, Chattels and credits thereunto appertaining, to collect by suit or otherwise all sums of money due said Estate and pay in accordance with mode pointed out by Law all which it owes or such portion as it may be able to pay, first making out and returned to this court a full and complete inventory of all its property and Effects of every description including a List of Claims, Rights and credits. And the said H. JAMERSON is hereby authorized to take proper measures by suit at Law or otherwise for the recovery of any property belonging to said Estate which may be in the possession of any person or persons, who may be endeavoring to retain it, and he is hereby invested with all necessary power to administer said Estate as required by Law, subject to the discretion of this Court, to which he will make full report of all acts in the premises whenever required according to Law.

 

It is ordered by the Court that it adjourn until tomorrow Morning 9 o’clock A. M.

 

It is ordered by the court that notice be given that WM. BOGERS (marked as incorrect-ROGERS?) has file his petition for regular Letters of Administration on the Estate of WM. POWELL deceased, which will be acted on after sixty days from this Term of the Court (This August Term 1852.)

Issued.

 

It is ordered by the Court that the settlement with JAMES A. GRAYUM, late Administrator of the Estate of JOHN McKINNEY

 

Page 429

 

…be continued until the next Term of the Probate Court, also notice of the same be given.

Issued.

 

September 1852.

It is ordered that Court adjourn until the next Regular Term.

H. Jamerson

Chief Justice C. C.

 

State of Texas

Collin County September Term Probate Court, A. D. 1852.

Be it remembered that on the 27th day of Sept. A. D. 1852, the Court met for the transaction of Business.

Present:

The Hon. H. Jamerson, Chief Justice

R. Fitzhugh, Sheriff

And John L. Lovejoy County Clerk, also John Martin &, Geo. Fitzhugh Co. Coms. Acting as said Court upon inventory and appraisement of the Estate of LANDSON CLARK, dec., wherein said H. JAMERSON is administrator.

 

At this day comes H. JAMERSON Administrator of the Estate of LANDSON CLARK deceased and filed an inventory of all [property] Real or Personal come into his hands.

 

At this day comes WM. FORMAN one of the appraisers of the inventorized (sic) property of the Estate of LANDSON CLARK deceased & filed said appraisement of said property under oath.

 

It is ordered by the Court by the Court that Two Hundred acres of Land out of six hundred acres of the Homestead tract of Land belonging to the widow and heirs of LANDSON CLARK deceased to be located so as to include fifty acres of Land in cultivation, also, to be located as to included the Building thereon.

The said location is to be fun so as not to include a Watter [Water?] Griss Mill on said tract of land. Also that there be allowed for thee support of the widow and heirs of said CLARK, for the term of one year, twenty acres of corn standing in the field, one small stack of oats, one small stack of Rye, (50) fifty Bushels of wheat, (16) sixteen head of stock hogs, 1 horse beast or one yoke of oxen & five Milch cows…

 

Page 430

 

…be set apart for the support of said widow & heirs as above described.

 

It is ordered by the Court that the balance of the farming Land not allowed to the widow and heirs of LANDSON CLARK, together with the Griss Mill thereon for a term not exceeding two years shall be rented or let out to the Lowest Bidder. Also shall be repaired and returned in good order. Bond and security will be required for the faithful performance of said contract & return of said property in Good repair. Also to be let out one Watter [Water?] Mill on Watters [Waters] of Elm to be kept in good repair for a term of not exceeding two years to be kept in good repair & returned in like manner. Bond and security will be required for the strict performance of said contract.

 

It is ordered by the Court that the Administrator of the Estate of LANDSON CLARK deceased, proceed to sell the perishable property of the Estate, on a credit of twelve months to the highest bidder.

 

It is ordered by the Court that the balance of the Wheat be sold by the Administrator at private sale, to defray the funeral expenses & cost of Administration.

 

Minute of the Court, read & adopted.

John B. Martin

Com.

George Fitzhugh

 

October 1852.

 

It is ordered by the Court that the balance due upon settlement made by JOHN M. KINCAID Administrator of the Estate of BENJAMIN THOMPSON, with said Court, be allowed him for his services rendered as such Administrator, and that all account be balanced for settlement in full.

 

State of Texas

Collin County October Term County Court A. D. 1852.

Be it remembered that on this…

 

Page 431

 

…25th day of October A. D. 1852, fourth Monday, the County Court of said County & State met for the transaction of Probate business.

Present:

Hon’l H. Jamerson, Chief Justice

Robert Fitzhugh, Sheriff

John L. Lovejoy, Clerk C. C. Collin Co.

 

At this day comes WM. ROGERS and gave bond with approved security for the faithful performance of all duties incumbent on him under an appointment as an Administrator of the Estate of WM. POWELL deceased. It is, therefore, ordered by the Court that Letters of Administratorship be issued to him.

Issued

 

It is ordered by the Court that HARRIS PINNELL, MARION McNEIL & JOHN L. MOORE be and they are hereby appointed appraisers of the Estate of WILLIAM POWELL deceased.

Issued.

 

It is ordered by the Court that Two Hundred acres of Land be set apart to the widow and child of GEORGE McNEIL deceased, as a Home Stead & that one half of the Land now in cultivation be allowed the widow and child free of rent, the other half be leased and by the Administrator for the term of (12) twelve months for 1/3 part of the crop rent of any kind.

 

It is ordered by the Court that the Administrator of the Estate of GEORGE McNEIL dec. be and he is hereby ordered to rent at Private Sale, one half of the Land in cultivation, at a rent of ten (10) bushels per acre or 1/3 part of the crop rent.

 

At this day comes MRS. COOPER widow of ALEX COOPER deceased & files an inventory of all the property belonging to the Estate of said ALEX COOPER.

 

It is ordered by the court the One Hundred (100) acres of Land belonging to the Estate of ALEX COOPER deceased, be set apart to the widow & child of said Dec. as a Homestead. Also one (1) mare and colt, three cows, three yearlings, (nine) 9…

 

Page 432

 

…head of hogs, two (2) Beds, Bedstead & House hold & Kitchen Furniture, and about six acres of corn on the ground, be set apart for their use.

 

It is ordered that court adjourn until next Regular Term.

H. Jamerson,

Chief Justice C. C. C.

 

State of Texas November 1852.

Collin County November Term County Court A. D. 1852

Be it remembered that the County Court of said County and State, met on the 29th day of Nov. and (5th) fifth Monday A. D. 1852, for the transaction of Probate Business.

Present:

Hon’l H. Jimerson, Chief Justice

Robt. Fitzhugh, Sheriff

By his deputy Daniel Howell and

John L. Lovejoy, Clerk of the Co. Court.

 

At this day came GEO. H. PEGGEES by petition to the Hon’l Probate Court and applied for Letters of Administration on the Estate of C. E. F. BOYER deceased, & having given Bond with approved security for the faithful performance of his duty,¾

Therefore it is ordered by the Court that Letters of Administration be granted and issued to said GEO. H. PEGGEES on said Estate of C. E. F. BOYER dec.

Issued

 

It is ordered by the Court that JOHN M. SALMONS, JAMES W. MAXWELL and OLLIVER [OLIVER] LOVEJOY be and they are hereby appointed appraisers of the Estate [of] C. E. F. BOYER dec.

Issued.

 

It is ordered by the Court that JAMES W. MAXWELL, OLIVER LOVEJOY and JOHN M. SALMONS be and they are hereby appointed appraisers of the Estate of JOHN CLAY deceased, wherein GEO. H. PEGGEES is administrator. Issued.

 

Page 433

 

November, 1852

It is ordered by the Chief Justice that court adjourn until Tomorrow Morning 9 o’clock, A. M.

 

State of Texas

Collin County Tuesday 30th day of Novo., A. D. 1852.

County court met in pursuance to adjournment for the transaction of Probate Business.

Present:

Hon’l H. Jimerson, Chief Justice

Robert Fitzhugh, Sheriff and

John L. Lovejoy, Clerk Co. Court, Collin Co.

 

At this day comes H. JIMERSON Admr. of the Estate of LANDSON CLARK dec. & filed a Sale Bill of Property sold by him as Admr. of said Estate by ordered of the Court, also two decisions of arbitration made on the property of said L. CLARK dec., also a receipt for property from the widow of said CLARK taken at it appraised value.

 

Estate of A. DANIEL, dec.

It is ordered by the Court that MOSES JONES Administrator of the Estate of ALLEN DANIEL deceased, set apart for the use and benefit of the widow and minor heirs of said Estate Two Hundred acres of Land including the improvements, Dwelling House and out houses of the Homestead, five cows and calves, one horse or yoke of oxen, one years provisions for herself and children, their other property at its appraised vale that the widow may select¾That the value of these does not exceed two hundred and fifty dollars.

 

It is ordered by the court that the administrator of the Estate of ALLEN DANIEL dec. sell at private sale a Lot of Wild Hogs and three Bee Stands to raise funds to pay the expence (sic) of Administering on said Estate in part.

 

It is ordered by the Court that the Administrator of the Estate of ALLEN DANIEL dec. proceed to sell at public auction all the perishable property belonging to said Estate not otherwise disposed of at the late residence of the said deceased on the fifteen day of October next on a credit of twelve months, giving at best ten days notice previous according to Law.

 

At this day comes MOSES JONES, Admr. of the Estate…

 

Page 434

 

…of ALLEN DANIEL deceased & filed a receipt from ELIZABETH DANIEL wife of said dec. for property taken at its appraise value as will appear by reference to Voucher No. 1. Also Sale Bill of property by said Admr. by order of this Court as per Voucher no. 2. Also an inventory of all property, Real & personal, belonging to said Estate ass per Voucher No. 3.

 

WM. POWELL’S ESTATE

 

It is ordered by the Court that WM. ROGERS Admr. Of the Estate of WM. POWELL dec. proceed to sell all the perishable property, belonging to said Estate on a credit of twelve months at the residence of said WM. ROGERS on the 18th day of Dec. A. Dec. 1852.

Issued

 

At this day came WM. RODGERS Admr. of the Estate of WM. POWELL dec. & filed an appraise Bill of all property both Real & Personal by reference to Voucher No. 1.

 

It is ordered by the Chief Justice that Court adjourn until next Court in Course.

H. Jimerison (sic),

Chief Justice C. C.

 

State of Texas

Collin County County Court Collin Co.

December Term A. D. 1852.

To all to whom it may concern:

Be it remembered that Monday the 27tth day of December A. D. 1852, the County Court of Collin met for the transaction of Probate Business

Present:

Hon’l H. Jimerson, Chief Justice

Robt. Fitzhugh, Sheriff

Jno. L. Lovejoy Clerk Co. Court.

 

At this day came JOHN M. GASS by petition praying that Letters of Administration may be granted to him on the Estate of MARCUS C. DUPREY dec., late a citizen of Collin Co….

 

Page 435

 

…It is ordered by the Court that JAMES SMITH, JAMES D. NAYLOR an ROBT. PATTERSON be and they are hereby appointed appraisers of the Estate of MARCUS C. DUPREY, dec.

 

Estate of ELIAS COX dec.

At this day came MARGARET COX & MALICHI COX by petition praying for Letters of Administratrix and Administrator upon the Estate of ELIAS COX deceased, late a citizen of said County & having given Bon an approved security in the sum of Five Thousand Dollars for the faithful performance of their duties as such Administrators, ¾therefore it is ordered by that Letters of Administratrix & Administrator be issued to the said MARGARET COX & MALICHI COX upon the Estate of ELIAS COX, dec.

Issued

 

It is ordered by the Court that JOSIAH NICHOLS, AMOS WILKS and L. L. LEWIS be and they are hereby appointed appraisers of the Estate ELIAS COX, dec wherein MARGARET COX & MALICHI COX are Administratrix & Administrator.

 

December, 1852. Probate Court.

 

Estate of C. E. F. BOYER & JOHN CLAY, dec.

On this the 27th day of Decr. A. D. 1852, came GEO. H. PEGGUES [PEGUES] administrator of the Estate of C. E. F. BOYER & JOHN CLAY dec. & filed an inventory & appraize (sic) Bill of all the property and Effects of the Estates aforesaid, which all ordered to be filed and recorded.

 

It is ordered by the Chief Justice that Court adjourn until Tomorrow morning, 9 o’clock A. M.

 

State of Texas

Collin County December 28th A. D. 1852

Co. Court met pursuant to adjourn-…

 

 

Page 436

 

ment.

Present;

Hon’l H. Jimerson, Chief Justice

Robert Fitzhugh, Sheriff

By Daniel Howell, his deputy

Jno. Lovejoy, Clk. Co. Court, Collin Co. T

 

It is ordered by the Court that the Property set forth in the appraise Bill of the Estate of C. E. F. BOYER dec. be set apart for the sole use and benefit of the widow and heirs of said C. E. F. BOYER dec.

 

December Term 1852, Probate Court

Appointment of ALEX BERRY Com.

It is ordered by the Court, that ALEXANDER BERRY be and he is hereby appointed Commissioner to make deeds in the name of the Co. Court of said Co.

 

Estate of JNO. BARTRAM dec.

It is ordered by the Court that JACOB BACCUS administrator of the Estate of JOHN BARTRAM be cited to appear at the next Term of the Hon’l Probate Court, to show cause why he has not payed (sic) off all claims that have been audited and allowed on said Estate.

 

Estate of GEO. McPHERSON deceased.

At this day came JOHN FITZHUGH Administrator of the Estate of GEO. McPHERSON dec. & presented his accounts and Receipts as such Administrator, for a final settlement with the Court.

Settlement being made, therefore, it is ordered by the Court, that all accounts in relation to said Estate be closed.

It is ordered that Court be adjourned until next regular Term.

H. Jamison,

Chief Just.

 

January Term. Probate 1853.

State of Texas

Collin County January Term of the…

 

Page 437

 

Co. Court A. D. 1853.

Be it remembered that the County Court of Collin Co. Texas met on the 31st day of January A. D. 1853, & Last Monday for the transaction of Probate Business.

Present:

Hon’l H. Jimerson, Chief Justice

Robt Fitzhugh, Sheriff

& John L. Lovejoy, Clerk of the County Court.

 

Estate of [MARCUS] DUPREY dec.

At this day came JOHN M. GASS, administrator of the Estate of MARCUS C. DUPREY dec. an filed for record an inventory and List of all property belonging to said Estate, also all appraise Bill of the same.

 

At this Term of the Court came JOHN M. GASS to which Letters of Administration was granted at the December Term of the Probate Court & resigns his Letters of Administration upon the Estate of MARCUS C. DUPREY dec. to DAVID DUPREY.

 

It is ordered by the Court that the Letters of Administration granted to JOHN M. GASS be and they are hereby revoked.

 

January Term Co. Court Probate

Approved & filed JOHN M. GASS acc’t for…………………………….$33.25

And JAMES SMITH’s acc’t for………………………………………….$12.00

$45.25

 

Estate of JOHN McGARRAH Dec.

At this day came JAMES HERNDON administrator of the Estate of JOHN MCGARRAH and presents an account against the Estate for the sum of $47.25, which is allowed as just an file……………….$47.25

 

Estate of ELIAS COX dec.

At this day came MARGARET COX and MALICHI COX administrators upon the Estate of ELIAS COX dec. and filed an inventory and appraise Bill of the Effects belonging to the said decease that have come to the[ir] knowledge.

 

It is ordered by the Court that one hundred & eighty three acres of Land be set apart for the use…

 

Page 438

 

…and benefit of the widow & minor heirs of ELIAS COX deceased. Also two Hundred & fifty Dollars ($250) in cash, be allowed said widow & heirs. Also it is ordered by the court that the administrators of the Estate of the said Cox, dec., proceed to sell at Public Sale all the perishable property belonging to the Estate of ELIAS COX, decd. not otherwise appropriated on the 19th day of February A. D. 1853, at the late residence of the deceased, on a credit of twelve months requiring Bond with good and approved security.

 

January term Probate.

It is ordered by the Chief Justice that Court be adjourned until Tomorrow Morning 9 o’clock A. M.

 

State of Texas

Collin County January Term Co. Court A. D. 1853.

Be it remembered that the County Court of Collin County met pursuance to adjournment on the 1st day of February A. D. 1853 for the transaction of Probate Business.

Present:

Hon. H. Jimerson, Chief Justice

Robert Fitzhugh Sheriff

John L. Lovejoy Clerk Co. Court

 

It is ordered by the Court that it adjourn until next term in course.

H. Jimerson C. C.

 

February Term Probate Court 1853.


State of Texas

Collin County County Court Feb. Term A. d. 1853.

Be it remembered that the County Court of Collin Co. met on the Fourth Monday and 28th day of Feb. A. D. 1853, for the transaction of Probate Business.

Present:

Hon. H. Jimerson, Chief Justice

R. Fitzhugh Sheriff

John L. Lovejoy Clk. Co. Court

 

At this day came JAMES [JONAS?] DAWSON by petition praying that Letters of Administration be…

 

Page 439

 

…until him upon the Estate of THOMPSON HELMS dec. and having given Bond with approved security¾

therefore it is ordered by the Court that Letters of administration be issued to him the said DAWSON on said Estate.

Issued.

 

On this the 28th day of February A. d. 1853, came KATHARINE ROBERTS widow of JAMES T. ROBERTS dec., paying for Letters of Administration upon said Estate and having given Bond with approved security¾therefore it is ordered by the Court that Letters of administration be issued to her upon said Estate.

Issued.

 

It is ordered by the Court that JAMES FISHER, WM. SNIDER, and JOSEPH DIXON be and they are hereby appointed appraisers of the Estate of JAS. T. ROBERTS dec.

 

February Term, County Court Probate.

It is ordered by the Court that R. M. MUGG, JAMES SAVAGE, and ABNER STAFF be and they are hereby appointed appraisers of the estate of THOMPSON HELMS dec.

Issued.

 

At this day came MARGARET COX and MALICHI COX administrators of the Estate of SILAS COX [ELIAS COX?] dec. and filed a Sale Bill of all the property sold by them as Administrators.

 

It is ordered by the Court that Court be adjourned until tomorrow morning 9 o’clock A. M.

 

State of Texas

Collin County Feb Term Probate Court A. D. 1853.

Be it known that the County Court of Collin County met on the 1st day of March pursuant to adjournment for the transaction of Probate Business.

Present:

Hon. H. Jimerson, Chief Justice

Robt. Fitzhugh Sheriff

By Thos. Stalcup, Dept.

John L. Lovejoy Clk. Co.

It is ordered by the Court that…

 

 

Page 440

 

JEREMIAH H. WILSON be notified to appear at the next Regular Term of the county Court to given additional security in place of JEFFERSON MILLER who was his security to Bond as Administrator of WM. WILHITE dec.

 

At this day came DAVID DUPREY by petition praying that Letters of Administration upon the Estate of M. C. DUPREY dec., having given Bond and approved security.¾

Therefore it is ordered by the Court that Letters of Administration be issued to said DUPREY upon said estate.

Issued.

 

It is ordered by the Court that DAVID DUPREY administrator of the Estate of MARCUS C. DUPREY, dec., proceed to sell at Public Sale the personal Property of said Estate by giving Legal notice of the same, Fryday (sic) the 18th day of March A. D. 1853.

Issued

 

Whereas LARKIN McCARTY was appointed administrator of the Estate of WM. McCARTY deceased and did Execute a Bond payable to the Chief Justice of Collin co., with PLEASANT WILSON and TALTON CUMMINS as security, dated the 29th day of March A. D. 1853, and whereas said LARKIN McCARTY wishes to release said securities from said Bond,¾

Therefore it is ordered by the Court that said PLEASANT WILSON and TARLTON CUMMINS be and they are hereby released forever of any such bond, or penalty that may accrue hereafter & that said McCARTY be required to give a new bond with approved security.

Issued.

 

February Term County Court 1853.

At this day came LARKIN McCARTY administrator of WM. McCARTY’S Estate and filed his report showing a balance in his hands of Ninety four Dollars and ninety cents ($94.9l0).

Therefore it is ordered by…

 

Page 441

 

Court that said McCARTY loaned said money belonging to said estate and in his hands, at ten per cent interest per annum, subject to be distributed to the heirs of said WILLIAM McCARTY upon the application of the heirs, or an heirs of said Estate.

Issued.

 

Whereas ALFRED CHANDLER, guardian of JOHN MAGNER and MARGARET ANN MAGNER, minor heirs of JEREMIAH MAGNER dec’d, has filed a petition in the Probate Court of Collin Co., petitioning for an order for a sale of said Ward’s interest in a certain certificate for 640 acres of Land belonging to the heirs of said JEREMIAH MAGNER dec.,¾

Therefore it is ordered by the Court that ALFRED CHANDLER, guardian as aforesaid proceed to sell said heirs’ Interests in said certificate at private Sale, not to…sold for less than its market value, and that the money arising from said sale be loaned at ten per cent interest for the use and benefit of said JOHN MAGNER and MARGARET ANN MAGNER, minors heirs aforesaid.

Issued.

 

February Term county Court, 1853.

At this day came DAVID DUPREY, guardian of the person of ELIZA JANE DUPREY, minor heirs of MARCUS C. DUPREY dec. and that Letters of Guardianship be issued to him, the said DAVID DUPREY as guardian as aforesaid.

Issued.

 

It is ordered by the court that JAMES SMITH, ROBERT PATTERSON and JAMES D. NAYLOR be and they are hereby appointed commissioners to make partition of the common property of MARCUS C. DUPREY dec., and MARY A. DUPREY, widow of said deceased.

Issued.

 

It is ordered by the Court that DAVID DUPREY administrator of the Estate of MARCUS C. DUPREY dec., proceed to sell 1 Bag of Cotton, 1 gun, and one Lot of corn at private sale, not to be sold for less than its market value.

If the said DUPREY finds that it is to the interest of said Estate so to do. ____??

 

Page 442

 

…to sell said property with the other perishable property on the 18th day of March A. D. 1853.

Issued.

 

 

It is ordered by the Court that the sheriff adjourn Court until next Regular Term

H. Jamison

Chief Justice C. C.

March Term of the County court, 1853.

State of Texas

Collin County March Term County court A. D. 1853

Be it remembered that the County Court of Collin County met on the 28th of March 1853, for the transaction of Probate business.

Present:

Hon. H. Jimerson, Chief Justice

Robert Fitzhugh Sheriff

John L. Lovejoy Clerk Co. Court

 

Estate of THOMPSON HELMS dec.

At this day came JONAS DAWSON administrator of the Estate of THOMPSON HELMS dec. and filed an Inventory and appraise Bill of all property that has come to his knowledge.

 

It is ordered by the Court that PETER FISHER be and he is hereby appointed Guardian of the Persons, and Estates of NANCY ELIZABETH ROBERTS, REBECHA (sic) LENORA ROBERTS and PETER EDWARD ROBERTS, heirs of JAMES T. ROBERTS dec. and that Letters of Guardianship be issued to said FISHER as aforesaid.

Issued.

 

At this day came DAVID DUPREY, administrator of the Estate of MARCUS C. DUPREY dec. & filed the Sale Bill of all property sold by him, at Public Sale on the 18th day of March A. D. 1853 which is filed and ordered to be recorded.

 

It is ordered by the Court that JONAS DAWSON, administrator of the Estate of THOMPSON HELMS, dec. proceed to sell at Public Sale the late residence of the dec. on the 22nd day of April 1853, giving at least ten day previous notice…

 

Page 443

 

…of the same, all the perishable property belonging to said Estate not otherwise disposed of on a credit of 12 months, with Bond and approved security.

 

At this day came DAVID DUPREY administrator of the Estate of MARCUS C. DUPREY dec. and filed a List of the personal property of M. C. DUPREY dec. set apart to the administrator of said Estate by the Coms. Appointed for that purpose, which is ordered to record.

 

It is ordered by the court that 35 dollars be allowed the Administrator out of the Estate of MARCUS C. DUPREY dec. for the purposes of Erecting a Tomb over the grave of said deceased.

Issued.

 

At this day came JOHN M. McNEAL admr. of the Estate of GEORGE McNEAL and filed a report of all money collected and all money paid out, which report is ordered to be filed & recorded.

 

March Term of the County Court 1853.

 

It is ordered by the court that JOHN PEW be and he is hereby appointed Commissioner to act with ROBERT PATTERSON & J. D. NAYLOR, commissioners heretofore appointed to make a partition of the common property or (Real Estate) of MARCUS C. DUPREY dec. between the heirs of said Estate that have not been distributed or partitioned heretofore.

 

It is ordered by the court that DAVID DUPREY administrator of the Estate of MARCUS C. DUPREY dec. proceed to sell one horse and three Steers belonging to said Estate at private sale, not to be sold for less than its market value.

 

It is ordered by the court that SAMUEL R. CAMPBELL administrator of the Estate of JOSEPH B. ROBERTS, dec. pay over to the creditors of said Estate per Ratio all the money that he has on hands after paying all court fees & costs of Administration.

 

It is ordered by the Court that the following property be allowed the Widow and minors heirs of the estate of THOMPSON HELMS, dec. (to wit) two hundred acres of Land, including the improvements, Dwelling…

 

Page 444

 

…House and houses as a Homestead. All the bacon on hands, 1q crib of corn supposed contain one Hundred & fifty bushels, all the Stock Hogs belonging to said estate, five cows and calves & 1 horse or 1 yoke of work oxen, all the bedding & Bed clothes also all the Kitchen furniture & 250$ dollars in property at the appraised value or in money.

 

It is ordered that Court be adjourn (sic) until 12 o’clock A. (?) M. tomorrow.

 

State of Texas

Collin County March Term County Court A. D. 1853.

Be it known that the County Court of Collin County met pursuant to adjournment on the 29th day of March A. D. 1853.

Present:

Hon. H. Jimerson, Chief Justice

R. Fitzhugh Sheriff (opened court)

D. Howell, Deputy (adjourned Court)

John L. Lovejoy Clk. Co. Court

 

It is ordered by the Court that LARKIN McCARTY administrator of the Estate of WM. McCARTY dec. and one of heirs of the estate, be permitted to retain in his own hands his share of said Estate, now in his hands as administrator of the estate & that he proceed to loan the residue out as heretofore ordered by this Court.

 

March Term Co. Court 1853

It is ordered by the Court that the administrator of the estate of MARCUS C. DUPREY dec, pay MARGARET DUPREY widow of the said deceased, the sum of twenty seven dollars and fifty cents in Lieu of one cow and three colts, sold by said administrator as common property.

 

At this day came LEWIS H. McNEAL praying that Letters of administration may be granted to him upon the Estate of ALEX COOPER deceased and having given Bond with approved security therefore it is ordered by the Court that Letters of Administration be issued to said McNEAL as administrator of said Estate.

Issued.

Page 445

 

At this day came JOHN HUFFMAN & filed a petition praying for a title Bond upon a certain Written (?) article of agreement passed between said HUFFMAN and ALEXANDER COOPER dec., before his death.

 

It is ordered by the Court that JOHN HUFFMAN as per article of agreement between him and said ALEX COOPER dec. pay over to administrator of said Estate one half of the purchase money therein specified.

 

It is ordered that court adjourn until next regular Term.

H. Jimerson,

Chief Justice C. C.

 

April Term A. D. 1853.

Be it remembered that the County Court of Collin County met on thee 25th day of April A. D. 1853 for the transaction of Probate Business.

Present:

Hon’l H. Jimerson, C. J.

Robert Fitzhugh Sheriff

By Daniel Howell, Deputy

John L. Lovejoy, Clk. Co. Court Collin County.

 

On this the 25th day of April A. D.1853, came JONAS DAWSON, administrator of the Estate of THOMPSON HELMS dec. and filed an additional inventory of property as has come to his hands also filed a Sale Bill of all property sold by him on the 22nd day of April A. Dd. 1853.

 

On this 25th day of April A. D. 18553, came KATHARINE ROBERTS administratrix of the Estate of JAMES T. ROBERTS dec. and filed an Appraise Bill of all property that has come to her hands belonging to said Estate.

 

It is ordered by the Court that JEREMIAH H. WILSON administrator of the Estate of WM. WILHITE dec. and executor of the Estate of McKENSEY WILHITE dec’d be and he is hereby authorized to sell the Hedright (sic) certificate of said deceased WM. and McKENZIE WILHITE together with the Land which they may be located on, 220 acres of the Land claimed by virtue of WM. WHILHITE is as yet to be located, there being at this time 100 acres of said certificate __________?

 

Page 446

 

…located.

164 acres of said McKENZIE WHILHITE being at this time located, and 156 acres of Land claimed by virtue of said certificate, not being located now.

If the said WILSON locate said balance of said certificate, he shall proceed to sell the Land upon which they may be located, as well as the Land which is already located by virtue of said certificate.

If he does not locate them, he shall proceed to sell the balance (sic) of said certificate not located, as well as the portion of said certificates already located, at public auction or sale, giving at lease 20 days notice of the sale of the same.

 

It is ordered by the Chief Justice that Court be adjourned until Tomorrow Morning 9 o’clock A. M.

 

State of Texas

Collin County April Term county Court A. D. 1853.

Be it remembered that the County Court of Collin County, Texas, met pursuant to adjournment, on the 26th day of April A. D. 1853, for the transaction of Probate Business.

Present:

Hon’l H. Jamison, Chief Justice

Robt. Fitzhugh, Sheriff

By Daniel Howell, his deputy

John L. Lovejoy, Clk. Co. Court Collin County, Texas

 

It is ordered by the court that the Letters of Administration De Bonis Non, heretofore granted to SAMUEL R. CAMPBELL upon the Estate of JOSEPH B. ROBERTS deceased. Bee and they are hereby revoked and set aside for the following reason, (to wit):

For absenting himself from this State, and failing to pay over to the court money that he has collected, belonging to said Estate according to his own report, and the order of this court.

 

Page 447

 

It is ordered by the Court that J. H. HARBERGER be and he is hereby appointed Administrator De Bonis Non in place of SAMUEL R. CAMPBELL removed, and that upon his giving Bond with approved security, Letters of Administration De. Bonis Non be issued to him as aforesaid.

 

At this day came JAMES HERNDON admr. of the Estate of JOHN McGARRAH, dec. by petition praying that he be released of his administration, he having filed a final account with the court of all his acts in the premises, which report is hereby received, therefore is ordered by that Court that he be released of said Administration.

 

It is ordered by the Court that J. H. HARBERGER be and he is hereby appointed Administrator de Bonis Non of the Estate of JOHN McGARRAH dec. in the place of JAMES HERNDON who has resigned said Administration, and upon his giving Bond with approved security, that Letters of Administration as aforesaid be issued to him upon said Estate.

Issued.

It is ordered by the Court that Court be adjourned until next Regular Term.

H. Jamison,

Chief Justice C. C.

 

State of Texas

Collin County County Court, Collin Co. Texas.

In vacation May 6th A. D. 1853.

Be it remembered that the Probate Court said County in vacation, May 6th, 1853, for the transaction [of] Business.

Present:

H. Jamison, Chief Justice

John L. Lovejoy, County Clk.

R. Fitzhugh, Sheriff.

 

It is ordered by the Court that Letters of Guardianship be granted to MILES GRAVES upon the persons and Estates of WILEY M. GRAVES, JOHN D. GRAVES, and REBECKY N. O. GRAVES, minor heirs of LEWIS GRAVES deceased & heirs at Law of the Estate of RICHARD GRAVES deceased, upon his giving Bond and approved…

 

Page 448

 

…security, for the faithful performance of the duties incumbent on him as guardian as aforesaid. Having given Bond with approved security, therefore it is ordered that Letters as aforesaid issue to him as aforesaid.

Issued.

H. Jamison, Chief Justice C. C. Texas

 

May Term of Probate Court

State of Texas

Collin County Be it remembered that the County Court of Collin County and State aforesaid, met on the 39th day of May A. D. 1853, and Last Monday in said month for the transaction of Probate Business.

Present

Hon’l H. Jamerson, Chief Justice

Robert Fitzhugh, Sheriff

By Thos. Stallcup Deputy

And John L. Lovejoy, Clk.

 

At this day come WM. RAINO by petition praying that Letters of Administration may be granted to him upon the Estate of JOHN C. LEACH deceased.

Therefore it is ordered by the Court that upon the said RAINO, giving bond with approved security in the sum of Two Hundred Dollars, that Letters of Administration be issued to him, the said RAINO, upon said Estate.

Issued.

 

It is ordered by the court that the following allowance be made to the widow and minor heirs of JAMES T. ROBERTS, deceased , (to wit:) Two Hundred acres of Land including dwelling and out houses and farm thereon, and fifty dollars to be taken in property at its appraise value, or in cash which maybe left at her will, five cows and calves, and yoke of oxen or one horse, and one years provisions for herself and children, Bedding and bed clothing, Kitchen Furniture and House Hold and Kitchen Furniture.

Also all farming implements, necessary for the cultivation and preservation of the farm stead (?)

 

Page 449

 

…apart as aforesaid.

Issued.

 

State of Texas

Collin County May Term Co. Court A. D. 1853

It having appeared to the satisfaction of the Court that JAMES T. ROBERTS dec. late a citizen of the County of Collin did in his life time lawfully execute a Title Bond too PETER FISHER dated the 22nd day of January A. D. 1853 for 320 acres of Land.

It also appears that legal notice of the filing of his, the said PETER FISHER’S petition for a title to the same, has been given to all those who may be or are entrusted in said Estate as in such cases provided.

Therefore it is ordered by the Court that the administrator of the Estate of JAMES T. ROBERTS dec. proceed and the same (?) is hereby required to make him the said PETER FISHER a good and sufficient deed of conveyance in accordance with the Tenor and conditions of said Bond unto him the said PETER FISHER, his heirs and assigns.

Executed.

 

It is ordered by the Court that JAMES MURPHY, WM. SNIDER and WM. MURPHY be and they are hereby appointed appraisers of the Estate of JOHN C. LEACH, dec.

Issued.

 

It is ordered that Court adjourn until next Regular Term.

H. Jamison, Chief Justice C. C.

 

June Term A. D. 1853.

The State of Texas

Collin County June Term County Court, A. D. 1853.

Be it remembered that the Hon’l County Court of Collin County, State of Texas, met on the 27th day of June, A. D. 128l53 for the Transaction of Probate Business.

Present:

Hon’l H. Jamison, Chief Justice

Robt. Fitzhugh, Sheriff

By Thos. Stallcup, Deputy

John L. Lovejoy Clerk.

 

At this day came J. H. WILSON, administrator of the Estate of WM. WILHITE dec. and executor of…

 

Page 450

 

…the Estate of McKENZIE WILHITE deceased and files an account of property sold by order of this court belonging to said Estates by him as Executor and Administrator as aforesaid.

 

It having appeared too the satisfaction of the Court that the sale of certain Lands belonging to the Estates of WM. WILHITE dec. and McKENZIE WILHITE dec., was made in accordance with Law and the order of this Court, and return of the same made in like manner.

Therefore it is decreed by the Court that the said sale be and the same is hereby ratified and confirmed.

It is also decreed and ordered that the same be reduced to record, and it is further decreed that JEREMIAH H. WILSON administrator and executor as aforesaid proceed to make deeds of conveyance unto the purchasers as set forth in his return made tot the Court, which deeds shall vest in the purchasers thereof to the Land therein named all the right and title that the testator and intestate had in the Land, in the purchasers, theirs heirs and assignees.

Issued.

 

At this day came HOLDEN WALTERS, ISAAC N. WALTERS, and ELIZA WALTERS and files a petition in the Court praying for a partition and distribution of one League and Labor of Land, lying on Pilot Grove in two separate tracts (to wit): One containing 1/3 of a League, the other 2/3 of a League and one Labor belong to the Estate of DAVID VANWINKLE deceased.

ALL the heirs and property, parties interested in said Estate being present and acknowledging notice of the filing of said petition as the Law directs.

And ISAAC N. WALTERS and ELIZA WALTERS being minor heirs of said Estate & their being no Guardian to represent them as the Law points out in said partition and distribution of said landed estate as set forth in said petition,¾

Therefore it is ordered by the Court that…

 

 

 

 

 





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