Probate Minutes - 1846-1870 - Volume C-1


Page 513

 

-min ((?), I desire to have and hold in all respects whatever, but only this conditionally, till their death or removal from the same.

I am weak in Body but sound in mind & memory, whereof I hereunto set my hand and scroll for seal the date above.

 

his

John X Finley

Mark

 

Witnesses

Thomas Finley

Shadrick Jackson

 

State of Texas

County of Collin Personally appeared before me Harrison Jameson, Chief Justice of the County Court, August Term of County Court, A. D. 1855, THOMAS FINLEY and SHADRICK JACKSON the subscribing witnesses to the foregoing Last Will of JOHN FINLEY deceased who signed and acknowledged the same in their presence to be his Last Will and Testament.

Harrison Jameson

Chief Justice C. C. T.

 

It ordered by the Court that Letters of Administration be granted unto JOHN WILLIAMS upon the Estate of JOSEPH WILLILAMS deceased.

 

MARY GAMBLE, a resident citizen of Collin prays for Letters of Guardianship upon the minors of the Estate of JOHN GAMBLE deceased, JOHN A. WILLIAM, WILLIAM A., ERASTUS R., LUTLE I. (TUTTLE J.?) and ANN C. GAMBLE, all under the age of 14 years.

 

The Muicupative (Nuncupative?) Will of SAMUEL S. BLACKBURN proved up, filed for record this Aug. 27th A. D. 1855.

McKinney, Aug. 27th, 1855.

A short time previous to the death of Mr. SAMUEL BLACKBURN, he asked me if I did not think he must soon die. The question being answered in the affirmative by me, it was the request of his lady as well as his own wish, that he should make some arrangement with regard to the settlement of his business, as well as some disposition of the same after it was closed up.

He requested,

1st That his business should be closed without an administration as he did not wish the settlement of the same to get into the Courts.

2nd. That his Brother in law THOMAS HILL assist…

 

Page 514

 

MRS. BLACKBURN in settling of all the Business.

3rd. He wished all that was due him, collected all his just debts paid.

4th. He wished that MR. HILL should depose of such property (cattle, furniture &c.) as would be inconvenient for his Lady to carry back to N. Carolina with her.

5th. He wished that MRS. BLACKBURN leave Texas as for N. Carolina between the time of his death and the 1st day of next January.

6th. That after MRS. BLACKBURN’s arrival in N. C. she act a[s] guardian for the children, giving Bond for the faithful performance of the same.

7th. That after death his body be interred in the Grave Yard near MRS. McGARRAH’s with Masonic hon[or?].

8th. That said BLACKBURN was rational at the time these requests were made.

G. A. Foote, M. D.

Sworn to and subscribed before me, this August 27th, 1855.

Harrison Jameson

Chief Justice Collin Co., Texas

 

The undersigned was present and heard in substance the same declarations of SAMUEL S. BLACKBURN as set forth and stated by DR. G. A. FOOTE a few hours previous to his dissolution, and also testifies that said BLACKBURN was in full possession of his Mental faculties and in his right mind.

T. D. Hill

Sworn to and subscribed before me this August 27th, 1855.

Harrison Jamison,

Chief Justice, Collin County, Texas.

 

The undersigned was present during a part of the conversation as stated above by G. A. FOOTE, M. D. by SAMUEL BLACKBURN deceased, but does not recollect of the said BLACKBURN’s remarking in my presence that he not wish the settlement of his property to go into the Court of the County, nor whether (?) disposition he wished MRS. BLACKBURN to make of the remainder after returning to North Carolina.

Jas. P. Scott

 

Sworn to and subscribed before me, Harrison…

 

Page 515

 

…Jamison, Chief Justice of Collin County, Texas in open Court, August 27th, 1855.

Harrison Jamison

Chief Justice

Ordered by the Court that Letters of Executorship issue to ELIZABETH BLACKBURN on the Estate of said SAMUEL S. BLACKBURN, according to the Terms and Conditions mentioned in said Will.

Which Letters are duly issued and the said ELIZABETH BLACKBURN appeared and took the oath required by Law, no bond being deemed necessary under the Terms of said Will. Be it ordered that Court be adjourned until 8 o’clock tomorrow morning.

 

Court met pursuant to adjournment.

Present: H. Jameson, Chief Justice

John L. Lovejoy Clerk by his deputy

Bedford Henry, Deputy Clerk

And Dudley Doak, Deputy Sheriff

 

Ordered by the Court that Letters of Guardianship be granted to JOHN C. BATES on the person & property [of] ELIZABETH CHENOWORTH, minor heir [of] ELIZABETH BATES alias ELIZA CHENOWORTH.

 

Ordered that Court be adjourned to the next Term in course.

Harrison Jamison

Chief Justice, C. C. T.

 

State of Texas

Collin County County Court, Collin Co., Texas

The County Court of Collin County, Texas met on the 25th day Last Monday of September A. D. 1855, for the transaction of Probate Business.

Present and presiding: Harrison Jamison

Chief Justice Collin Co.

Present: John L. Lovejoy, Co. Clk. & effo. Clk. Probate Court

James H. Lovejoy, Sheff C. C. Tex.

 

At this day came JOHN WILLIAMS administrator of the Estate of his son JOSEPH WILLIAMS Decd. and filed an inventory and appraisement of the property of said Decedent which was examined and approved.

 

At this day came GEORGE FITZHUGH a citizen of Collin County, Texas and made application for Letters of…

 

Page 516

 

…administration upon the Estate of WM. MOUTRY and GABRIEL H. MOUTRY Dec’d. and it appearing that the said FITZHUGH has filed a petition praying for such Letters and the said FITZHUGH having given Bond with approved security for the faithful performance of his duties as such.

Therefore it is ordered by the Court that Letters of Administration issue to said FITZHUGH on the Estate of said Decedents.

Issued.

 

At this day came B. F. HENDRICKS by petition praying for Letters of Administration upon the Estate of JAMES YEARY dec’d late of Colin County, Texas.

It appearing that legal notice of the filing of said petition has been given and the said HENDRICKS having given Bond and approved security for the faithful performance of his duties as such Admr.

Therefore, it is ordered by the Court that Letters of Administration be granted said JAMES YEARY, Decd.

Issued.

 

At this day came ROBERT SKAGGS by complaint filed in writing stating that THOMPSON HELMS dec’d in his life time executed to him the said ROBERT SKAGGS a certain Bond for a title to certain Land therein contained and set forth, said Bond having date___day of ___A. D. 1855.

The Land for which said Bond is given as set forth therein as follows (to wit: In Collin County, Texas, on Honey Creek, Beginning at the S. W. Corner of section No. 28 in Township No. 1 N 1st Base Line. Thence N to the N. W. cor. of said section. Thence East to Honey Ck. Thence down the ck. (creek) to the East & West line said. Thence West to the place of beginning.

And the Administrator JONAS DAWSON being present and acknowledging and waving notice and citation as required by law.

Therefore it appearing that said sale by title Bond was legally made, said administrator is hereby ordered by this Court that the said Adrm. make to said ROBERT SKAGGS a Title to said Land in…

 

Page 517

 

…accordance with the tenor of said Bond.

 

The petition of J. H. HARBERGER admr. De bonis non of the Estate of JOHN McKINNEY deceased for the sale of certain lands considered and continued by consent of parties to the next regular Term of this Court.

 

Ordered by the Court that Letters of Guardianship be issued to MARY GAMBLE upon the persons and property of JOHN A., WM. A., ERATUS R., LITTLE J. (TUTTLE J.?) and ANN C. GAMBLE, minors heirs of W. M. GAMBLE Decd., upon the said MARY GAMBLE giving Bond and security for the faithful performance of her duties as such.

 

Ordered that Court adjourn until Tomorrow morning 9 o’clock A. M.

 

According to agreement Court met.

 

Present: Harrison Jamison, Chief Justice

Bedford Henry, Deputy Clk.

J. D. Doak, Deputy Sheriff

 

The subscribing witnesses ROBERT M. HATCHER and CHARLES M. FOX presented the Will of JAMES R. GRAHAM to be probated, which was proven and ordered by the Court to be recorded.

 

Know all men by these present that I, JAMES R. GRAHAM of the County of Collin and State of Texas, a farmer being of sound Mind & memory do make and publish this my Last Will and testament, as follows:

I give and bequeath to my beloved wife all my Real Estate during her widowhood (after payment of my debtors and Legacies). Such of the boys as that stay with my wife until her death or marriage, the Land is to be divided between them equally.

I give and bequeath to my beloved wife and girls all my household furniture, wearing apparel and the rest and reside of my personal property.

In testimony whereof, I have set my hand and seal and publish and declare this to be my last Will and Testament, in the presence of the witnesses named below, this the 19th day of April A. D. 1855.

James R. Graham L. S.

 

Page 518

 

Signed, sealed, published and declared by the said JAMES R. GRAHAM as, and for his Last Will and Testament in the presence of us, who at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses hereto.

Robert M. Hatcher

Charles M. Fox

 

State of Texas

County of Collin Personally came into Court ROBERT M. HATCHER and CHARLES M. FOX the subscribing witnesses to the above Last Will and Testament of JAMES R. GRAHAM deceased, who made oath that the facts set forth in the Certificate annexed to the above named Last Will and Testament of JAMES R. GRAHAM aforesaid, is true and correct.

 

The Court adjourned until court in course.

Harrison Jameson

Chief Justice C. C. T.

 

State of Texas

Collin County Count Court Collin County Probate Court, Oct. Term, 1855.

Be it know that county court met to transact Probate Business.

Present: H. Jamison, Chief Justice.

J. L. Lovejoy, Clk.

J. H. Lovejoy, Sheff.

 

Ordered by the Court that JONAS DAWSON, Adr. of the Estate of T. HELMS Decd. be allowed the sum of seventy dollars for collecting and paying out money in the Administration [of] said Estate.

Also that he be allowed the sum of sixty seven Dollars & forty cents as per account filed for services.

 

At this day came JONAS DAWSON administrator of the Estate of THOS. HELMS decd., and files a final account for a settlement of said Estate at the same time praying to be released of such administration.

It appearing that notice of such final account being filed, having been given and said account appearing final (?):

Therefore it is ordered…

 

Page 519

 

…& decreed by the Court that said account be and the same is hereby confirmed and established and said DAWSON released of said Administration upon getting a Receipt from said Guardian heretofore appoint for said Effects. Said Estate being indebted to said DAWSON the sum of Forty Three Dollars & sixty eight cents, said forty three being paid in two certain notes & on L. & P. WILSON & the said DAWSON giving the Ballance (sic) to the heirs of said Estate.

 

Ordered by the Court that DAVID YEARY guardian of the property received of the Estate of JOHN YEARY, the heirs SYNTHIA O. YEARY & W. P. YEARY, Heirs [of] JAS. YEARY deceased, be and he is hereby released of said Guardianship.

 

Ordered by the Court that THOMAS KENDALL, guardian of the person and property of the minor heirs of THOMPSON HELMS Dec’d take the Eight Minor heirs of said Decedent and take care, educate and protect free of charge upon the Estate for and in consideration of the use of the Farm belonging to said Estate. Also to take all perishable property belonging to said Estate at its appraised value and to pay Eight per cent on the same in lieu of the increase thereof. Said guardian is to return said property in as good order as he received it.

 

Ordered by the Court that F. TWEEDLE, MOSES JONES and JOBE PLOVER be and they are hereby appointed appraisers [of] the property belonging to the JAMES YEARY’s Estate.

Issued.

 

Ordered by the Court that W. YEARY Guardian of the property of ELIZABETH YEARY the heir of the Estate of JOHN YEARY Decd., be and he is hereby released of said guardianship.

 

At this day came W. B. CROCKER by petition praying for Letters of Administration upon the Estate of S. W. SINGLETON Deceased.

Noticed having been given of the filing of said petition and there appearing no just cause why said CROCKER shall not be appointed. Therefore it is ordered by the Court that…

 

Page 520

 

…upon said WM. B. CROCKER given Bond and approved security as such administrator that Letters of administration issue to said CROCKER as such. Issued

 

Ordered by the Court that L. HENDRIX, WM. L. MARTIN and WM. PORTMAN be and they are hereby appointed appraisers of the Estate of S. W. SINGLETON Decd., and make return to the Court. Issued.

 

Ordered that Court adjourn until Tomorrow morning 8 o’clk. A. M.

 

The County Court met pursuant to adjournment.

Present: H. Jameson, Chief Justice

John L. Lovejoy, Clk.

J. H. Lovejoy Shff.

 

Ordered by the Court that WM. C. McKINNEY administrator of the Estate of A. G. COMAR Decd. lease out to highest and best bidder from the 10th day of Nov. 1855 to the 25 day of Dec.1855, on the 10th day of Nov., 1855, the farm of said Decedent giving ten days notice of the time and place of letting same out.

 

Ordered by the Court that ANN E. PHILLIPS Administratrix and WM. PERRIN administrator of the Estate of THOS. PHILLIPS Dec’d proceed to sell the perishable property belonging to said Estate now unsold, at the residence of WM. PERRIN on a credit of twelve months, on the 5th day of Nov. next, after giving legal notice thereof.

 

Ordered by the Court the administratrix and administrator of the Estate of THOS. PHILLIPS Dec’d sell at private sale any scattering or liable (?) waste (?) property belonging to said Estate…

 

Page 521

 

…to be sold for less than appraisement vallue (sic).

 

At this day came MARY A. GAMBLE by petition praying for Letters of Guardianship upon the Estate of the minor heirs of WM. M. GAMBLE dec’d (to wit): of JOHN A., WM. A., ERASTUS R., TUTTLE J. and ANN C. GAMBLE.

It appearing that Legal notice has been given, Therefore it is ordered by the Court, that upon said MARY A. GAMBLE giving Bond and approved security for the faithful performance of such station.

Therefore it is ordered that Letters be issued to her as such Guardian.

Issued.

 

It is ordered by the Court that DAVID STIFF, HARRISON STIFF and S. B. SKIDMORE be and they are hereby appointed appraisers of the Estate of the WM. M. GAMBLE Deceased, and that they make report to this Court.

Issued.

 

At this day came JOHN PEW, by petition praying for Letters of Administration upon the Estate of ABRAM MURPHY deceased.

It appearing that Legal notice has been given of the filing of said petition, more therefore, it is ordered by the Court upon said PEW giving Bond and approved security in the premises, that Letters of Administration be issued to him on said Estate. Issued.

 

Ordered by the Court that ROBT. PATTERSON, JOSHUA GOTCHER and JOHN McMINN be and they are thereby appointed appraisers of the Estate of ABRAM MURPHY deceased. Issued.

 

Ordered that Court adjourn until Tomorrow Morning 8 o’clk. A. M.

H. Jamerson,

Chief Justice

 

State of Texas

Collin County County Court, Collin Co., Oct. Term A. D. 1855.

The Hon. County Court of Collin Co. for the transaction of Probate Business met pursuant to adjournment. Present as on yes-…

 

Page 522

 

terday:

H. Jamerson, Chief Justice

J. L. Lovejoy, Clk.

J. H. Lovejoy, Sheff.

 

JANE BARRINGTON guardian of the person and property of the minors MARY W. THAYER, SUSAN T. THAYER, MARGARET A. THAYER, JOHN W. THAYER and NATHAN J. THAYER. Application for Letters of Guardianship of the person and property of said above named wards.

It appearing to the satisfaction of the Court that MARGARET BARRINGTON and her above named Wards are non-residents of this State. Also that said JANE guardian &c. has been legally appointed such guardian by the Hon’l Probate Court of Sebastian County, Arkansas and having given Bond in double the value of the property of said wards and compliance with the Law, and it further appearing that she has fully complied with the Law of this State in her application for Letters of Guardianship of the person and property of said Ward by filing in this court a full and complete transcript from the records of the Probate Court of said Sebastian County, Arkansas (it being the residence of her and her said wards) certified as required by Law.

It also appearing to the Court that a sale, as applied for in her application of the property of her said Wards, will not be injurious but beneficial to the interests of all the said Wards.

It is, therefore, ordered by the Court that Letters of Guardianship be issued to said JANE BARRINGTON upon said application, as guardian of the persons and property of said above named MARY W. THAYER, SUSAN T. THAYER, MARGARET A. THAYER, JOHN W. THAYER and NATHAN J. THAYER be and she is hereby authorized and required to sell the land belonging…

 

Page 523

 

…to her said Wards lying and being in Collin County, Texas on the Waters of Honey Creek in the Colony granted to Wm. S. Peters & others, including all the West half of a Section of Land pattened (sic) in the name of the heirs of BENJAMIN THAYER Decd. lying about six Miles N. of W. from the Town of McKinney, now particularly described as Lot No. 1 belonging to J. W. THAYER. Lot No. 2 belonging to M. A. THAYER. Lot No. 3 belonging to M. W. THAYER. Lot No. 4 belonging to J. N. THAYER. Lot No. 5 belonging to SUSAN T. THAYER, as well appear by reference to a Map, or plat, accompanying the report of the commissioners for the partition and distribution of divisions of said Lands between JANE BARRINGTON and her said Wards, done by a former order of this Court.

Said Sale to take place at the Court House door in the Town of McKinney in said County and State on the First Tuesday in December 1855. Said guardian to give at least twenty days notice of said sale. Said sale to be on the credit of six (6) months with Bond and approved security for the faithful payment of the purchase money and Lien on said Land.

 

Case of J. H. HARBERGER application for sale of Lands &c. as Admr. of the Estate of JOHN McKINNEY, Decd.

JAMES GRAYUM appearing in said above case and made it appear to the satisfaction of the Court that he is entitled to 4 shares in said Estate, viz: Purchased of WILLIAM P. McKINNEY, NELSON McKINNEY, JOHN M. McKINNEY their respective shares, titles and interests and one claimed by him as the Natural Guardian of ZACHARIAH GRAYUM, Grandson of JOHN McKINNEY, deceased.

Issued.

It is therefore ordered by the Court that GEORGE F. LUCAS, GEORGE W. LOVEJOY and GEORGE FITZHUGH be and they are hereby appointed Commissioners to make a partition and distribution of the Estate of JOHN McKINNEY, deceased, between JAMES GRAYUM and the remaining heirs of JOHN McKINNEY, consisting of 320 acres patented to the heirs of said Decedent, by patent No. 388, vol. 10 dated 26 day of July 1854, and which said commissioners are referred to.

Issued

 

Page 524

 

It is further ordered by the Court in said case, that said commissioners in making their partition and distribution of said Estate that they set apart to sd. JAMES GRAYUM a portion or parcel of said 320 acres which will be equal to 4/9 of said 320 acres taking into consideration the quality and quality of said Lands. Issued.

 

It is further ordered that the Clerk of this Court issue to the sheriff or other Law officer a writ of partition and distribution to the commissioners named in the 2nd order of this court commanding them to make partition and distribution of the Estate of said Decedent agreeable (?) to the orders of this court, and also to make return of said writ at the next regular term of this Court.

Issued.

Ordered that Court adjourn until next regular term

H. Jamerson,

Chief Justice C. C. T.

 

State of Texas

Collin County County Court, Collin Co. Nov. Term, 1855.

Be it known that the County Court of said Collin County met on Monday the 26th day of Nov. 1855 for the transaction of Probate Business.

H. Jamerson, Chief Justice absent, present and acting as Chief Justice,

J. B. Martin I a com.

George Fitzhugh I

John L. Lovejoy, Clk.

James H. Lovejoy, Shiff.

By J. Dud Doak, Deputy

 

At this day came W. YEARRY by petition praying for Letters of Guardianship upon SYNTHIA W. YEARRY & WM. P. YEARRY, minor heirs of JAMES YEARRY, decd.

It appearing that legal notice of said petition has been given and that there are no legal objections to the appointment of said YEARRY as Guardian, There-…

 

Page 525

 

…fore upon said YEARRY giving Bond and approved security, it is ordered by the Court that Letters of guardianship be issued to said YEARRY upon the person and Estate of said Minors.

Issued.

 

Ordered by the Court that FIELDEN TWEEDLE, HARRISON STANDIFER & MOSES JONES be and they are hereby appointed appraisers to appraise the estates of SYNTHIA O. YEARRY and WM. P. YEARRY, minor heirs of JAMES W. YEARRY, Decd.

Issued.

 

At this day came H. STIFF & S. B. SKIDMORE two of the appraisers appointed at the Last Term of this court to appraise the property belonging to the estate of WM. M GAMBLE decd. and files with the Court an appraisement of said property, which is hereby approved and ordered to be filed in the office of the Clerk of said Court as a legal appraisement of said property.

 

At this day came the administrator of the Estate of THOS. PHILLIPS Decd. and made return of sale made under a former order of this court, which return appearing legal is hereby approved and ordered to be filed among the papers of said Estate.

 

Whereas it appears by return of the sheriff made upon a citation issued to MARY A. DUPUY commanding her to appear at the term of the Court to give Bond and security as Guardian of the Estate of REUBEN WILLIAMS and MILES WILLIAMS, minor heirs of WM. K. WILLIAMS, Dec’d, that she was not to be found in this county, it is ordered that another writ issue commanding her to appear and give Bond and security as before issued.

 

Appraisement of the property belonging to the Estate [of] JAMES W. YEARRY, presented, examined and approved.

 

At this term of Court comes SAMUEL DAY, uncle of ALICE G. M. DAY, an infant Ward of this Court and files his petition for New…

 

Page 526

 

…Bond and security from MISSOURI D’SPAIN Guardian of said infant and for the removal of B. L. D’SPAIN from the Guardianship of said Ward.

Wherefore it is ordered by the Court that said M. MISSOURI D’SPAIN and B. L. D’SPAIN be cited according to Law to appear at the next Regular Term of this Court and show cause why the prayer of said petition be not granted.

Issued.

 

Ordered by the Court that B. F. HENDRICKS administrator of the Estate of JAMES W. YEARY Dec’d proceed to sell all the perishable property belonging to said Estate on the 20th day of Decr. A. D. 1855, giving at least ten days notice of the time and place of said sale. Said sale to be at the last residence of J. W. YEARY Decd. on a credit of 9 months. This order made upon petition of said HENDRICKS this day filed with said court.

At this day came BARBARA CULWELL, Administratrix of SOLOMON HUFFSTETLER Dec’d. and present his (sic) report of the condition of said Estate and asks the authority of the Court to pay off all costs of said Administration as the same may be ______(?) and allowed.

 

Ordered that Court adjourn until next regular Term.

John B. Martin

George Fitzhugh

 

State of Texas

Collin County County Court, Collin County Decr. 31st 1855.

Be it know that the County Court, Collin County, Texas met on the 31st day of Decr. 1855 for the transaction of Probate business.

Present: H. Jamerson Chief Justice

Jas. H. Lovejoy Sheff.

John L. Lovejoy Clk.

The following proceedings were had:

At this day came J. B. WILMETH by petition one of the securities on a Bond heretofore entered into by B. L. D’SPAIN and M. MISSOURI D’SPAIN and prays to be…

 

Page 527

 

…released from said Bond as guardian. And it appearing to the court that the citation on the petition of SAMUEL DAY for the object filed at the Last Term of this Court has been returned without service.---

It is therefore ordered by this Court that M. MISSOURI D’SPAIN, guardian of ALICE G. M. DAY be cited according to Law to appear before the Chief Justice in vacation at the Court House in the Town of McKinney on Saturday the 12th day of January A. D. 1856, then and then to give New Bond and security as said guardian, and to show cause why B. L. D’SPAIN shall not be wholly relieved and discharged from said Guardianship.

Issued.

 

At this day came SILAS YARNELL by petition, praying for Letters of Administration upon the Estate of BENJAMIN REYNOLDSON Dec’d.

It appearing that legal notice of the filing of said petition has been given by the Clerk of the County Court, Collin County,

Therefore it is ordered by the Court that upon said SILAS YARNELL giving Bond for the true performance of his duties as such.

Therefore it is ordered that Letters issue to said SILAS as aforesaid.

 

Ordered by the court that H. F. WEAR, A. TALKINGTON and THOS. BARNES, be and they are hereby appointed appraisers of the Estate [of] BENJAMIN REYNOLDSON dec’d. to appraise the Estate.

 

Ordered that Court adjourn until tomorrow morning 9 o’clk. A. M.

Tuesday January 1st, 1856.

The Court met pursuant to adjournment.

Present: H. Jamierson, Chief Justice

John L. Lovejoy, Clk.

James H. Lovejoy, Sheff

It is ordered by the Court that JOHN PEW administrator of the Estate of ABSALOM MURPHY deceased proceed to sell the perishable pro-…

 

Page 528

 

perty belonging to said Estate on the 19th day of January A. D. 1856, at the residence of JOHN PEW in Collin County, on a credit of six months, taking Bond with approved security of the purchase money, giving at least ten days previous notice of the time and place of sale by at least three advertisements put up at the most public places in Collin County.

 

It is ordered by the Court that B. F. HENDRICKS administrator of the Estate of JAMES W. YEARY deceased have leave to sell at Private Sale one cow and calf at private sale not to be sold for less than its cash value.

 

Application of MARY A. GAMBLE, widow of WILLIAM M. GAMBOL (sic) dec’d for partition and distribution of the Estate of said Decedent.

It appearing to the satisfaction of the Court that all outstanding debts and demands against said Estate have been paid and that JOHN ADOLPHUS GAMBOL, WILLIAM E. GAMBOL, ERATUS A. GAMBOL, TUTTLE G. GAMBOL and CATHERINE ANN GAMBOL are the Legitimate children and heirs at Law of the said WILLIAM M. GAMBOL dec., and that they are minors under the age of twenty one years—

Therefore it is ordered by the Court that SAMUEL BOGART be and he is hereby appointed guardian ad litem to represent JOHN ADOLPUS GAMBOL. That DAVID STIFF be and he is hereby appointed guardian ad litem to represent WILLIAM E. GAMBOL. That JOHN NELSON be and he is hereby appointed guardian ad litem to represent ERATUS A. GAMBOL. That BUFORD HENRY be and he is appointed guardian ad litem to represent TUTTLE G. GAMBOL. And that HARRISON STIFF be and he is hereby appointed guardian ad litem to represent CATHERINE ANN GAMBOL, in the partition and distribution of said Estate, all of whom are residents of Collin County and State of Texas.

It further appearing to the satisfaction of the Court that the property described in the petition or application of MARY A. GAMBLE, viz:

Fifty acres of Land on East…

 

Page 529

 

…Fork out of an augmentation Grant of 2/3 of a League and one Labor to WM. DAVIS, a house and Block of Lots No. 67 and containing Lots No. 234 & 235 in the Town of McKinney and a house and ½ one half lot M. 42 in Block 5 in said Town, is the Community property of the said MARY A. GAMBLE and the said WM. M. GAMBLE dec’d.

It is, therefore ordered by the Court that a partition of said above described property be had in two equal morities (moieties?), ½ to the said MARY A. GAMBLE and the other half to the said children and minor heirs at Law of the said WM. M. GAMBLE decd.

It is further ordered by the Court that DAVID STIFF, SAMUEL BOGART and JOHN NELSON be and they are hereby appointed commissioners to make partition and distribution or divison (sic), fairly, justly and impartially between the said MARY A. GAMBLE and the above named minor heirs and children of said Decedent of said above described property and agreeable to the true intent and meaning of the above orders and decrees of this Court and that they be and they are hereby required to make full return of their proceedings to the next regular term of this Court and that a writ of partition and distribution issue.

 

It is ordered by the Court that the orders made in the case of the petition of J. H. HARBERGER non (?) de bonis non of the Estate of JOHN McKINNEY Decd. for partition and distribution of Lands therein named, which orders were made at the October Term of this Court A. D. 1855 be and the same are hereby revived, which said revived of said orders are made for the following reasons, to wit: 1st. That said commissioners appointed thereby, failed to act for the want of a competent Surveyor. 2nd. That one of said Commissioners was disabled from acting on account of sickness and the Commissioners appointed by said orders and decrees are hereby authorized and required to act under the writs of partition and distribution heretofore issued to them by the Clerk of this Court.

 

Page 530

 

At this day came JANE BARRINGTON guardian of the person [and] property of MARY W. THAYER, SUSAN T. THAYER, MARGRET A. THAYER and JOHN W. THAYER and NATHAN J. THAYER minor heirs and heirs at Law of BENJAMIN THAYER decd., by her attorney J. H. HARBERGER and presented to the court, an account of sale of certain property described as follows: 320 acres of Land, it being the West half of section No. 21, in Township No. 6, North of the first Base Line and in Range 2, east of the first Meridian which said Land was divided into (5) five equal parts among the above named heirs; and the Court having inquired into the manner in which said sale was made, and is satisfied that it was fairly made and in conformity with Law.

Therefore it is ordered, adjudged and decreed by the Court that said account of sale be recorded by the Clerk and a conveyance be made to THOS. STALCUP the purchaser of said Land.

 

Ordered by the Court that it adjourn until next term.

Harrison Jameson,

Chief Justice, C. C. T.

 

State of Texas

Collin County County Court, Collin Co., Vacation, Jany. 12th, 1856.

Co. Court Collin Co., Texas met for Probate Business.

Present: H. Jamerson, Chief Justice

J. L. Lovejoy, Clk.

J. H. Lovejoy, Shff.

 

At this day came M. MISSOURI D’SPAIN and gave New Bond severally as guardian of the person and property of ALICE G. M. DAY her minor child. The new security of said M. MISSOURI D’SPAIN having hereby approved upon said Bond at this day filed.

It is therefore ordered by the Court that the securities upon a certain Bond heretofore entered into be B. L. D’SPAIN & said M. MISSOURI D’SPAIN be and the…

 

Page 532

 

…are hereby released from any further liability upon said Bond for the further Guardianship said on ward.

It is ordered by the Court that M. MISSOURI D’SPAIN have the services of two negro women belonging to the minor heirs of FRANKLIN DAY deceased for herself and minor heir.

H. Jamierson,

Chief Justice, C. C. T.

 

State of Texas

Collin County County Court, Collin Co., Texas January Term, A. D. 1856.

Be it known that the County Court of Collin County, Texas met on the 28th Jany, 1856 for the transaction of Probate Business.

Present: H. Jamerson, Chief Justice

John L. Lovejoy, County Clerk

James H. Lovejoy, Sheriff

By J. D. Doak, Deputy

At this day came the administrator of the Estate of S. W. SINGLETON viz, WM. B. CROCKER and filed an inventory and appraise Bill of the property belonging to the said Decedent’s Estate.

It being duly sworn to and appearing just and fair,--

Therefore this court adjudges the same to be in accordance with Law and hereby confirms and approves the same.

Issued.

 

Ordered by this Court that WM. B. CROCKER Admr. of the Estate of S. W. SINGLETON decd. proceed to sell the personal property belonging to the Estate of said Decedent at the residence of said CROCKER on the 16th day of February, 1856, giving at least ten days notice of the time and place. Term of sale, cash in hands.

Further that said WM. B. CROCKER made report of the same at the next Term of this Court. Issued.

 

Ordered by this court that the orders made in the case of the petition of JACOB H. HARBERGER, Admr. De Bonis Non of the Estate of JOHN Mc

 

Page 532

 

KINNEY, deceased, for partition and distributed of certain Lands therein named at the October Term, 1855, be and the same is hereby revived with the exception that ROBT. FITZHUGH be and he is hereby appointed a commissioner instead of GEORGE W. LOVEJOY, deceased, to act in conjunction with GEORGE FITZHUGH and GEORGE F. LUCAS in the partition and distribution of said Land therein named, said ordered revived for the following reason, (viz): The illness and Death of said LOVEJOY one of the Coms. In consequence of said death said Coms. fail[ed] to act in the premises, that he be and he is hereby required to issue Writs of partition and distribution to said Coms. and description of said Land to be partitioned and distributed.

That said Coms. make their reports at the next term of this Court.

 

Ordered that Court be adjourned until tomorrow morning 9 o’ck. A. M.

 

Tuesday, January 29th, 1856.

County Court for probate business met pursuant to adjournment.

Present: H. Jamerson, Chief Justice

John L. Lovejoy, Clerk

Jas. H. Lovejoy, Sheff.

By J. Dud Doak, Dept.

 

At this day came SILAS YARNELL administrator of the Estate of BENJAMIN REYNOLDSON, dec’d. and filed an inventory and appraisal Bill of the property & Effects belonging to said Decedent’s Estate which has been duly examined by the Court.

It appearing just and fair said inventory and appraise Bill is hereby approved by this Court.

Issued.

 

Ordered by the Court that SILAS YARNELL Administrator of the Estate of BENJAMIN REYNOLDSON Dec’d proceed to sell at Public Sale, the late residence of said Decedent on a credit of Twelve months…

 

Page 533

 

…following property, to wit:

1 yoke of oxen, 1 Prairie Plow, 6 head horses, all of which property belongs to the Estate of said Decedent. Sale to take place on Saturday the 23rd day of February 1856. Said Administrator to give at least ten days notice of the time and place of sale, at here Public places within this County, and he the said Administrator is hereby required to take Bond, with good security for the purchase money, the proceeds of said sale.

Issued.

At this day came the commissioners of partition and distribution between MARY GAMBLE and the minor heirs of WM. M. GAMBLE Dec’d appointed at the last term of this court and made an exhibit of their acts in the premises duly sworn to by them.

The said Commissioners report that following division of the property of said Decedent: They allot to the said MARY GAMBLE widow of said Decedent a certain Block of Lots, to wit: Block M (67) sixty seven containing Lots No. (234) two Hundred and thirty Four and two hundred and thirty five (235) in the town of McKinney, County of Collin, State of Texas with improvements thereon.

To said heirs named in said report or exhibit, they allot and set apart unto them collectively the following described property, (to wit): fifty acres of Land on the Waters of East South half of Lot No. (42) forty two in Block No. (5) five with the improvements thereon, situated in the Town of McKinney, State and County aforesaid, which said report has been duly examined by this court.,

Therefore it is ordered and decreed by this Court that said sale be adopted as just and fair & that the same be recorded.

 

On the application of MARY GAMBLE, Guardian of the minors J. A. GAMBLE, WM. GAMBLE, E. A. GAMBLE, C. J. GAMBLE and C. A. GAMBLE praying for an order of sale of a portion of the property belonging to said minors.

 

Page 534

 

It is therefore ordered by this Court that publication of said application be made in the Dallas Herald in the County of Dallas for four successive weeks, notifying all persons interested in the welfare of said minors to be and appear at the Feb. Term A. D. 1856 of said County Court to be holden (sic) at the Court House in the Town of McKinney, County of Collin, State of Texas, on the Last Monday in said Month and show cause why said order for sale shall not be made and applied for.

 

Ordered that Court adjourned until next Regular Term.

H. Jamison,

Chief Justice C. C.

 

State of Texas

County of Collin County Court, Collin Co., Feb. Term, 1856.

Be it remember that the County Court of Collin County met on the 25th day of Feb. 1856 for the transaction of Probate Business.

 

Present: H. Jamerson, C. J.

G. L. Lovejoy, Clk. County Court, Collin County, Texas

James H. Lovejoy, Sheff.

By J. Dud Doak, Deputy.

 

At this day came SILAS YARNELL Admr. of the Estate of BENJAMIN REYNOLDSON deceased and made a report of sale of the personal Estate of said Decedent ordered to be sold at the last Term of this Court.

The account of such sale appearing fair and it appearing that Legal notice has been given in said case of sale,--

It is ordered by the Court that said sale be and the same said sale is hereby confirmed and ordered to be filled with the papers of said Estate.

 

Ordered by the Court that MARGARET COX administratrix and MALICHI COX ad-…

 

Page 535

 

ministrator of the Estate of SILAS COX deceased pay to each heir of said Estate their respective shares, the sum of Two Hundred ninety six ($296) Dollars and thirty six cents

 

At this day came WM PERRIN admr. of the Estate of THOS. PHILLIPS deceased and presented to the Court an additional Inventory of property, come into his possession since he made a general inventory of property belonging to said Estate.

The same having been examined by the Court, it is hereby approved and ordered to be filled with the papers of said Estate.

 

At this day came R. P. MURRY by petition, praying for Letters of Guardianship upon the persons and Estates of HOMER MURRY, JULIA C. MURRY, WM. T. MURRY and MIARIAH MURRY, minors heirs of W. L. MURRY and MARY C. MURRY deceased, for the purpose of removing a guardianship over said Estate formerly obtained in Fannin County to this County.

It appearing that legal notice has been given of the filing of said petition,

Therefore it is ordered by the Court that upon said REASE P. MURRY giving Bond and approved security that Letters of Guardianship issue to said R. P. MURRY. Letters as such guardian Issued.

 

At this Term of the Court come TALTON CUMMINS and pursuance of his petition and notices here before filed and posed as provided by Law presents the Will of THOMAS M. ROWLAND deceased for Probate.

And thereupon came JEREMIAH H. WILSON, one of the attesting witnesses to said Will and takes and subscribes in open Court this written affidavit proving the execution of the same according to Law, which is filed.

Therefore it is ordered by the court that said Will be recorded as the Last Will and Testament of THOS. M. ROWLAND decd. and that Letters Testamentary issue to the Executor therein named.

 

Page 536

 

Ordered by the Court that WILLIAM WILSON, J. H. WILSON and D. J. FRANKLIN be and they are hereby appointed appraisers of the Estate of THOS. M. ROWLAND deceased. Issued.

 

Ordered that the Court adjourn until tomorrow at 9 o’clk. A. M.

 

State of Texas

Collin County County Court, Collin County, Feb 26th 1956.

The County Court of said County for Probate Business met on Feb. 26th, 1856, pursuant to adjournment.

 

At this day came WALTER YEARRY, administrator of the Estate of JOHN YEARRY, deceased and filed with the Court an exhibit of said Estate as required by article No. 1141 Hartley’s Digest which has been examined and is proving to be such an exhibit as is required by Law in the mind of the Court:

Therefore it is hereby approved and ordered to be filed with the papers of said Estate.

 

It is ordered and decreed by this court that a sum of One Hundred and twenty five Dollars be and the same is hereby allowed the heirs of JAMES W. YEARRY deceased (lately died) and that said amount be either paid to them or their guardian in money, out of the first funds of the Estate that may come into Amr’s (Administrator?) Hands or in such personal effects as their guardian may chose to take at the appraisement vallue (sic), or a part of each as they may select.

 

Ordered by the Court that there be set apart for the use and benefit of the children of JAMES W. YEARRY deceased any such property exempt from Execution and forced sale by the Constitution and Laws of this State.

 

Ordered that Court adjourn until next regular term of the Court.

 

Page 537

 

State of Texas

Collin County County Court, Collin County March Term, 1856.

Be it known that the county Court of Collin County met for the transaction of Probate Business

Present: H. Jamerson, Chief Justice

John L. Lovejoy, Co. Clk.

James H. Lovejoy, Sheff.

 

At this day came MELINDA ALLEN the mother and natural guardian of the person and property of the minor heirs of EDWIN ALLEN deceased (viz:): WM. M. ALLEN, ALEY JANE ALLEN and THOMAS ALLEN, JR. and qualified (sic) according to Law as the said natural Guardian.

Ordered that Letters of Guardianship issue to MELINDA ALLEN as the natural guardian of the person and property of her infant children, WM. M. ALLEN, ALEY JANE ALLEN and THOS. ALLEN JR. after giving Bond and approved security for the faithful performance of her duties in the premises.

Issued.

 

Ordered that HENRY DYE, THOMAS STALCUP and JAMES STALCUP be and they are hereby appointed appraisers of the property belonging to the minor heirs of EDWIN ALLEN, Dec’d.

 

The Guardian of the persons and property of Minor children of EDWIN ALLEN deceased present an Inventory and appraise Bill of the property belonging to said…which has been examined and approved.

 

At this day came PERMELIA TURNER formerly PERMELIA ALLEN and asked the Court permission to qualify as Guardian of the minor heir, NANCY JANE ALLEN, her child. Which permission is granted by her giving Bond and qualifying according to Law.

Issued.

 

Ordered that W. B. WEAR, L. M. MARTIN and WM. CULWELL be and they are hereby appointed as appraisers to appraise the property belonging to the heirs of W. P. ALLEN, deceased. Issued.

 

Page 538

 

The Guardian of the person & Estate of the minor child NANCY JANE TURNER presents inventory and appraise Bill of the property belonging to the Estate of said minor which was examined and approved.

Issued.

 

At this day came THOMAS M. SCOTT by petition praying for Letters of Administration upon the Estate of WM. M. SHIRLEY deceased, notice having been given, therefore upon the said SCOTT giving Bond and approved security, it is ordered that Letters issue regularly to said THOS. M. SCOTT.

Issued.

 

At this Term again came THOMAS M. SCOTT together with LEWIS SHIRLEY and P. A. HAMILTON as his securities and executed a Bond in the penal sum of Two Thousand and ____ Dollars for the performance of said Trust.

 

Ordered that JONATHAN ALLEN, WM. D. SCOTT and CHARLES H. WYSONG be and they are hereby appointed appraisers for the purpose of appraising the Estate of WM. M. SHIRLEY, Decd.

Issued.

 

Ordered that THOS. M. SCOTT, Admr. of the Estate of WM. M. SHIRLEY, Decd., proceed on Saturday, the 17th day of April 1856, to sell all the personal property belonging to the Estate of said Decedent on a credit of twelve months with good security.

 

Ordered that an allowance of Two Hundred and Fifty Dollars be made to the widow and minor children of WM. M. SHIRLEY dec’d to be taken by them out of the personal property at its appraised value or in money as the Widow may choose for support and maintainance (sic) of said widow and minor children for the term of one year.

 

At this term of the Court came by petition CHARLOTTE COLLINS praying for Letters of Administration upon the Estate of her…

 

Page 539

 

…husband JOHN H. COLLINS deceased. She tendering to the Court a Bond in the sum of six Thousand Dollars with CHARLES RETOR and MILTON WILKERSON securities, which said Bond is hereby approved and ordered to be filed and Letters of Admr. issue to said CHARLOTTE COLLINS as administratrix.

Issued.

 

Ordered that Court Adjourn until Tomorrow morning 8 o’clk. A. M.

 

State of Texas

Collin County County Court, Collin County March Term, 1856.

The County Court Collin County for Probate Business met on Tuesday, 1st day April pursuant to adjournment.

Present: H. Jamerson, Chief J.

Jno. L. Lovejoy, Clk.

Js. H. Lovejoy, Sheff.

 

It having come to the knowledge of the Chief Justice that there was within this County a minor without a legal guardian over the age of 14 years, the said minor NANCY JANE STONE appearing in Court and choosing SAM’L P. BROWN as her guardian.—

Therefore, upon the said BROWN’S giving Bond and approved security, it is ordered that Letters of guardianship issue accordingly.

SAM’L P. BROWN appearing in Court, gives Bond in the sum of One Thousand Dollars with M. R. PARRISH and JAMES H. LOVEJOY as his security. Letter issued. Minor heir NEAL STONE died. Issued.

 

Page 540

 

Ordered that PERMELIA FARMER guardian of her infant daughter NANCY JANE ALLEN proceed to sell at Public outcry at the Court House Door in the Town of McKinney a Land certificate issued to the heirs of WM. P. ALLEN Decd. as a settler in Peter’s Colony.

Sale to take place on Tuesday, 15th day of April, 1856 for cash in hand, to the highest bidder.

Said sale made for the purpose of providing means for the support of the minor

heirs…said Wm. P. ALLEN deceased. Said certificate being for 640 acres of Land No. 66.

 

Ordered that MALINDA ALLEN, guardian of her infant children Wm. M. ALLEN, ALEY (?) JANE ALLEN and THOMAS ALLEN, JR., proceed to sell on Tuesday, the 15th day of April 1856 at Public outcry, to the highest bidder for cash in hand at the Court House door in the Town of McKinney, a certain Land certificate issued to the heirs of EDWIN ALLEN deceased as a settler in Peter’s Colony for 640 acres of land.

 

Ordered that CHAROLOTTE COLLINS admrx. Of the Estate of JNO. H. COLLINS decd. proceed to sell to the highest bidder on a credit of 12 months at the late residence of the deceased all the personal Estate of the said deceased.

Sale to take place on the 12th day of April 1856. Said administratrix to take notes and good security for the purchase money.

 

On the application of MARY GAMBLE guardian of the minors heirs of WM. M. GAMBLE deceased, for a sale of certain property named in her said application, and it appearing to the satisfaction of Court that advertisement has been made for the sale of the property therein named, and that the Law has, in all other respects been complied with, it is therefore ordered by the Court….

 

Page 541

 

…that the said MARY GAMBLE, guardian as aforesaid, be and she is hereby authorized to sell the following described property (to wit: Fifty acres of Land on the Waters of the East…about on and one half miles North of the Town of McKinney in Collin County. And, also, one House and half Lot in the Town of McKinney, No. 42 in Block No. 5, it being the South half of said Lot, and as described in her said application on a credit of 12 months with Bond and security and a Mortgage on the property so sold for the purchase money, and the said sale to take place in the Town of McKinney, County and State aforesaid, on the First Tuesday in May next, 1856.

 

On application of J. H. HARBERGER, Admr. de Bonis now of the Estate of JOHN McKINNEY deceased for a partition and division of certain lands therein named, to wit: 320 acres of Land patented to the heirs of said JOHN McKINNEY, by patent dated the 26 day of July 1854, No. 388, Vol. 10, about 10 miles south 15º East from the Town of McKinney, County of Collin, State of Texas.

It is therefore ordered by the Court that GEORGE WHITE, M. R. PARISH, J. D. DOAK, BENJ. SPARKS & JAS. ANDERSON be and they are hereby appointed Commissioners to make partition and distribution of the foregoing described property in accordance with the follown orders of this Court.

1st. That they allot to JAMES GRAYUM 4/9 of said 320 acres, it being four shares, viz: one as the assignee of WM. B. McKINNEY, one as the assignee of NELSON McKINNEY & one as the natural guardian of ZARCHARIAH GRAYHAM, Grand son of said JOHN McKINNEY deceased, and the remainder in 5 equal shares between SARAH BORDEN, WILEY McKINNEY, JAMES McKINNEY, ROLAND McKINNEY & JANE MYERS, they being the remaining heirs and distributes of said JOHN McKINNEY deceased.

It is further ordered that the clerk of the Court issue a write of parti-

 

 

Page 542

 

tition and distribution to the Comrs. Herein named commanding them, or a majority of them to make such partition and distribution in accordance with the above orders and decrees of this Court. Also, commanding them to make due return of said Writ, with their proceedings thereon, at the April Term of this Court, 1856.

Issued.

Ordered and decreed by the Court that THOS. LEWELLING, administrator of the Estate of JOSHUA E. HEATH deceased on Tuesday 15th day of April 1856, proceed to sell at Public outcry at the Court House door in the Town of McKinney on a credit of (12) twelve months with Bond and security for the securing of the purchase money thereof, the following certificate, viz: A Land Certificate for 320 acres issued to the heirs said decedent by special act of the Legislature and that said Admr. make report of the same at the next term of this Court.

 

It having come to the knowledge of the Chief Justice of Collin County, legally, that there is a person in said County, by the name of JOHN PHILLPS who is an idiot, or Lunatic, or is non compes mentis, and is incapable of managing his own affairs.

It, also, having been prayed that on inquiry thereunto be had, and said PHILLIPS having been brought before me:--

Ordered by the Court that J. D. DOAK, JOHN L. LOVEJOY, W. B. BENGE, J. P. STUART, J. M. KIRKPATRICK, GRATON WILLIAMS, MILTON WILKERSON, P. S. HACKER, HARRISON STIFF, P. A. HAMILTON, S. T. LEWIS and A. J. TUCKER be all of Collin County, be summons [summoned?] to inquire and a true verdict render whether JOHN PHILLIPS is of sound mind or not.

 

Ordered that Court be adjourned until next Term.

Harrison Jamerson,

Chief Justice,

C. C. T.

 

Page 543

 

State of Texas

Collin County County Court, Collin County

Apr. Term, 1856.

Be it known that the County Court of Collin County, Texas met Apr. 28th 1856, for the transaction of Probate Business.

Present: H. Jamierson, C. J.

Jno. L. Lovejoy, Clerk. C. C.

J. D. Doak, Dept. Shiff.

 

It having come to the knowledge of the Chief Justice of Collin County, that there is a person in said County by the name of JOHN PHILLIPS, who is reported to be an idiot, or person of unsound mind, therefore unable of managing of his person or estate; it also having been prayed that an inquiry be had in regard to the soundness of said PHILLIPS.

Therefore it is ordered by the Court that W. B. BENGE, J. P. STEWART, MILTON WILKERSON, P. S. HACKER, DAVID STIFF, A. J. TUCKER, MR. B. PARRISH, W. M. PARKS, THOS M. PRINCE, F. M. DOUGHERTY, J. B. NEWSOME and MOSES SPARKS, be summons (sic) to inquire into said PHILLIP’S state of mind.

Issued.

 

State of Texas

County of Collin County Court Collin County

Apr. 28th, 1856.

We, the jury, summons and sworn to inquire and a true verdict render whether JOHN PHILLIPS is of sound mind or not, hereby returned a verdict that said PHILLIPS is not of sound mind, that is non compos mentis this April 28th, 1856.

William M. Parks

David Stiff

J. P. Stewart

A. J. Tucker

Gallatin Searcy

M. R. Parish

Peter B. Champion

Jas. P. Scott

George H. Pegnes

W. B. Benge

H. H.. Tucker

his

Moses X Sparks

Mark

 

Page 544

 

At this day came GEORGE PHILLIPS and applied for Letters of Guardianship upon the person & estate of JOHN PHILLIPS who is unsound in mind, by tendering to the Court his Bond and security for the faithful performance of his duties therein in the sum of Three Thousand Dollars.

Said Bond having been approved it is ordered that Letters of Guardianship issue to said GEORGE PHILLIPS as guardian said JNO. PHILLIPS.

Issued.

 

At this day came PARMELIA TURNER guardian of her infant child NANCY JANE ALLEN and made report that in pursuance of an order of this Court made at the March Term 1856, to sell at Public auction to the highest bidder at the Court House door in the Town of McKinney, the Colony Headright Certificate of 640 acres of Land issued to the heirs of WM. P. ALLEN.

That she sold the same in pursuance of Law for the sum of 60c per acre to HENRY DYE.

Said sale of certificate and report appearing just and fair, it is ordered and decreed that the same be confirmed. And that said PERMELIA TURNER convey to said purchaser or his legal assigns such title as is vested in said heirs at Law, the said certificate.

 

At this day came MALINDA ALLEN guardian of her infant children, WILLIAM ALEY, JANE AND THOS. ALLEN JR. and made report of the sale of Colony certificate for 640 acres issued to the heirs of EDWIN ALLEN decd. in which report it is set forth the same was sold in accordance [to] the Law and the order of said Court to G. A. FOOTE for the sum of 44 centers per acre. It appearing from said report that the sale of said certificate was made in due form of Law, and appearing just and fair in all aspects,-It is therefore ordered and decreed…

 

 

Page 545

 

..by the Court that the sale of said certificate be and the same is hereby confirmed and the said MALINDA ALLEN authorized to convey to said purchaser such title as is vested in said heirs of EDWIN ALLEN dec’d.

 

Report of J. W. THROCKMORTON, guardian [of?] NANCY THROCKMORTON, submitted to the Court in which said THROCKMORTON asks the authority to Lay out the Cash now on hands (sic) in Land.

The said report is hereby confirmed and the Court being of the opinion to lay out the money in said guardian hands in Lands, would be the safest and most practicable investment that can be made,--

Therefore, the said guardian is hereby empowered to lay out said money on hand in Land.

Said guardian is hereby required to make report of all investments made by heirs.

 

Ordered that Court adjourn.

Harrison Jamierson,

Chief Just, C. C. T.

 

State of Texas

Collin County County Clerk, Collin County.

May Term, A. D. 1856.

Be it known that the County Court of said County met on Monday the 26th day of May A. D. 1856, for the transaction of Probate Business.

Present: Hon’l H. Jamerson, C. J. C. C.

James H. Lovejoy, Sheff.

John L. Lovejoy, Clerk.

 

At this day came JAMES KEELING and ELI BAKER by petition, praying for Letters of administration de Bonis Non upon the Estate of SAMUEL FRENCH deceased. It appearing that legal notice has been given as required by Law,--therefore, it is ordered by the Court that when said KEELING and BAKER shall have given Bond and approved security for the performance of their duties as such administrators that Letters issued as aforesaid to said JAMES KEELING and ELI BAKER. Issued.

 

Page 546

 

At this day came JAMES KEELING and ELI BAKER by petition praying for Letters of Administration upon the Estate of JANE FRENCH decd.

It appearing that Legal notice has been given in the premises,--therefore upon said KEELING and BAKER giving Bond and approved security, it is ordered by the Court that Letters issue to said parties.

Issued.

 

 

Ordered that JNO. M. MILLER, JACKSON McAMES (?) and T. S. BLANTON be and they are hereby appointed appraisers of the Estate of JANE FRENCH deceased. Issued.

 

Whereas at the August Term of this Court ELIZABETH BLACKURN was appointed the Executrix of the last Will and Testament of her husband, SAMUEL S. BLACKBURN dec’d. and qualified as said Executrix as the Law directs, and whereas by the neglect of the acting clerk at said Court no order for such appointment was entered of record,--it is therefore ordered by the court that order appointing said ELIZABETH BLACKBURN Executrix of L. S. BLACKBURN be entered nunc protunc.

 

Ordered by the Court that WM. C. McKINNEY proceed to pay the debts against the Estate of A. J. COMER deceased.

 

Report of WM. C. McKINNEY, Admr. of the Estate of A. G. COMAR Decd. presents and approved and filed.

 

At this day came BARBARA CULWELL administratrix of the Estate of SOL HUFFSTETLER Dec’d and presented her account for final settlement.

Therefore it is ordered by the Court that the heirs of Law of said Estate be cited to appear at the next regular Term of this Court and contest said account if they see proper. Said heirs to be cited as the Law direct. Issued.

 

At this day came GEO. H. PEGUES by petition…

 

 

Page 547

 

Praying for Letters of Administration upon the Estate of F. S. YOUNG Deceased.

It appearing that Legal notice has been given as required by Law, and said PEGUES having presented to the Court a Bond in the sum of Two Thousand Dollars with good security thereto,-- Therefore it is ordered by the Court that said Bond be approved and that Letters of Administration issue to said GEORGE H. PEGUES.

Issued.

 

Ordered that JOHN M. SALMONS, S. E. DONALDSON and JAMES B. STRAIN be and they are hereby appointed appraisers of the Estate of F. S. YOUNG, Decd.

Issued.

 

Ordered that Court adjourn until tomorrow Morning 9 o’ck A. M.

 

The County Court of Collin County for the transaction of Probate Business, met on Tuesday, May 27th day.

Present: Harrison Jamerson, Chief Justice

John L. Lovejoy Effo. Clk.

James H. Lovejoy Sheff.

 

The report or exhibit of J. B. WILMUTH, Guardian of SARAH E. and NANCY A. BLACKWELL, presented, examined and approved, and ordered to be filed.

 

At this day came WALTER YEARRY administrator of the Estate of JOHN YEARRY Dec’d, and filed final account for settlement of said Estate.

Therefore it is ordered that the heirs at Law of said Estate be cited to appear at the next regular Term of this Court, and contest said account, if they deem it proper and right.

Issued.

 

It is ordered by the Court that they commissioners, viz: GEOERGE WHITE, M. R. PARISH, JAMES ANDERSON & BENJAMIN SPARKS, who were appointed at the March Term of this Court to divide the Estate of JOHN McKINNEY dec’d or the property named in said orders of their appointment and they are hereby allowed till the next regular Term of this Court to make or complete…

 

Page 548

 

…their report as Comrs. relative to the division, partition and distribution of the Estate of said Decedent.

 

It is ordered and decreed by the Court that the return of sale of certain property therein named, made by MARY GAMBLE Guardian of the minor heir of WM. M. GAMBLE deceased be confirmed and said account of sale is hereby ordered to be recorded by the Clerk of this Court and a conveyance be made to ANDREW HOWELL and SAM’L BOART, the several purchasers of said Lands or property named in said account of sale, so made and reported by said Guardian, vesting all the right and title that they said WM. M. GAMBLE deceased, had in and to the premises aforesaid.

 

Ordered that Court adjourn until the next regular Term.

Harrison Jamerson,

Chief Justice C. C. T.

 

State of Texas

County of Collin County Court, Collin Co.

June Term, 1856.

Be it remembered that the Hon’l Probate Court of Collin County met for the transaction of Business.

Present and presiding: Harrison Jamison, Chief Justice

John L. Lovejoy, Clk. C. C.

James H. Lovejoy, Shff by deputy

 

Ordered by the Court THOMAS M. SCOTT administrator of the Estate of WM. M. SHERLEY decd. proceed to sell at private sale the crop of wheat raised on farm of the deceased this year.

Said SCOTT not to sell said wheat for less the customary price and that he make report of same.

 

At this day came JAMES KEELING and ELI BAKER administrators of the Estate of SAMUEL FRENCH and JANE FRENCH Decd as filed with the Court an inventory and…

 

 

Page 549

 

…appraise Bill of the property belonging to said Estates which have been examined and are hereby approved.

 

Ordered by the Court that there be allowed the minor heirs of the Estate of SAMUEL & JANE FRENCH deceased, the sum of Two Hundred Dollars for their support and maintenance in such property or effects as the said heirs or their guardians may choose. The names of said heirs hereby provided for are MARION FRENCH, JOHN FRENCH, RULDOLPH FRENCH and PECHEY E. FRENCH.

 

Ordered that the Administrators of the Estate of SAMUEL and JANE FRENCH Dec’d. proceed to sell at Public outcry at the late residence of said Decedent’s on a credit of twelve months after given ten days notice of the time and places of sale.

Said sale to take place on Tuesday, the 15th day of July 1856. Said administrators to take note and good security for the purchase money.

 

At this day came WALTER YEARY administrator of the Estate of JOHN YEARY Dec’d, and filed a final settlement with the Court, which has been examined and approved by the Court.

Therefore ordered that said YEARY distribute among the heirs, to each twenty six Dollars and seventy cents.

 

At this day came A. HOWARD administratrix of the Estate of JANET HOWARD dec’d and made report of the condition of said Estate, which said report has been examined and approved.

 

At this Term of the Court came BARBARA CULWELL administratrix of SOLOMON HUFFSTETTER deceased and files her petition for a continuance [of] final settlement of said Estate from this Term to the next October Term of this court, which is filed and approved and said continuance is granted as prayed for next October Term of this Court.

 

At this day cames ELIZA MEVINA WALTERS, minor heir of ….WALTERS, who is over the age of fourteen years, and chooses HEZEKIAH WALTERS, who is…

 

Page 550

 

…a citizen of this County Guardian of her person and property.

 

At this day comes CATHARINE YOUNG, minor heir of SAM’L T. YOUNG deceased, which said heir is over the age of fourteen years, and chooses as the guardian of her person and property J. B. WILMETH.

 

 

At this day comes KESIAH P. YOUNG minor heir of SAMUEL F. YOUNG, Decd. who is over the age of fourteen years and chooses as the guardian of her person and property BENJAMIN SPARKS.

 

On this day come JOSEPH D. YOUNG, minor heir of SAMUEL F. YOUNG Decd., who is over the age of fourteen years and chooses as his guardian of person and property, JORDON O. STRAUGHAN.

 

It is ordered by the Court that J. B. WILMETH be and is hereby appointed guardian of the person and property of JAMES WILLIAM YOUNG, minor heir of SAMUEL F. YOUNG.

 

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

Harrison Jimerson

Chief Justice C. C. T.

 

State of Texas

Collin County County Court, Collin County.

July Term 1856.

Be it know that the County Court, Collin County, Texas met on the 28lth day of July 1856, for the transaction of Probate Business.

Present: Harrison Jamerson, Chief Justice

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

James H. Lovejoy, Sheff.

 

At this day came JAMES KEELING and ELI BAKE administrators of the Estate of SAM’L FRENCH and JANE FRENCH Dec’d and filed a Sale Bill of the property of said Deceased sold by them on the 15th last, which said…

 

…report has been examined and is hereby approved and ordered to be filed.

 

It is ordered by the Court that J. B. WILMETH be and he is hereby appointed Guardian of the person and property of JAMES WILLIAM YOUNG minor heir of SAMUEL F. YOUNG Dec’d.

It is further ordered that upon the said WILMETH’S giving Bond in the sum of Five Hundred Dollars, Letters of Guardianship issue to him as guardian said heir.

Issued

 

Ordered that J. B. WILMETH be appointed Guardian of the person and property of CATHARINE YOUNG a minor heir of SAM’L F. YOUNG, Dec’d who chose him as her guardian that said WILMETH Bond and security in the sum of Five Hundred Dollars. Issued.

 

It is ordered by the Court that the sum of One Hundred Dollars be and is hereby allowed out of the Estate of F. S. YOUNG dec’d. to ELSY JANE YOUNG the widdow (sic) of said F. S. YOUNG dec’d and her infant child for their support for the term or time of …years.

Also that the sum of fifty Dollars be and is hereby allowed CATHARINE YOUNG heir of the Estate [of] F. S. YOUNG dec’d for her support for one year.

Also that Fifty Dollars be and is hereby allowed JAMES YOUNG minor heir of the Estate of F. S. YOUNG Dec’d for one year’s support.

Also that fifty Dollars be and is hereby allowed JOSEPH D. YOUNG minor heir of the Estate of F. S. YOUNG Dec’d for his support for one year.

 

It is ordered by the Court that the administrator of the Estate of F. S. YOUNG dec’d pay over al property exempt from forced sale by execution to the widow and guardian of the minor heirs of said Estate as the Law directs.

 

Ordered by the Court that the remainder of the property of the Estate of F. S. YOUNG be sold at public outcry by GEORGE H. PIGERS Admrs. Of said Estate on the 26th day of August at the residence of MOSES SPARKS, giving due notice thereof both…

 

Page 552

 

…of the time and place by written advertisements posted up at different public places in the County of Collin.

 

Ordered by the Court that SHERWOOD HERRING, WILLIAM MURPHY, LEWIS MARSHALL, ISAAC HERRING and S. E. DONALDSON be and are hereby appointed Commissioners to divide 640 acres of Land, belonging to the Estate of MARTIN HEARN deceased, between the heirs of said Estate in accordance with the Will of said Decedent, which is of record in the County Clerk’s office of Collin County and make a report to the next term of this Court.

Issued.

Ordered that Court adjourn until tomorrow morning 9 o’ck a. m.

 

Tuesday, July 29th, 1856.

County Court met pursuant to adjournment.

Present: H. Jamerson, C. J.

J. L. Lovejoy, Clk.

Jas. H. Lovejoy

 

Ordered that the settlement of the Estate of HUBBARD SHORT Dec’d with OLLIVER (sic) LOVING admr.be postponed until next regular term this County.

 

Ordered by the court that J. O. STRAUGHAM be appointed Guardian of the person and Estate of JOSEPH D. YOUNG, Minor heir of F. S. YOUNG dec’d., which said heir being over the age of 14 years, came before the Court and made choice of said STRAUGHAM as his guardian and upon said STRAUGHAM given Bond and approved security in the sum of Five Hundred Dollars, that Letters issue to him as such Guardian. Issued.

 

Guardianship of BLACKWELL

At this day came J. B. WILMETH, guardian of SARAH E. and NANCY ANN BLACKWELL and made an additional report to his annual settlement which was examined and approved and ordered to be filed, leaving a balance in said Guardian’s hand of ($459.18 ¾) Four Hundred and fifty Nine Dollars & 18 ¾ cents.

 

 

Page 553

 

Ordered that court adjourn until next regular Term.

 

August Term A. D. 1856.

State of Texas

Collin County The county Court of Collin County, Texas met on the Last Monday and 25th day of August A. D. 1856 for the transaction of Probate Business.

Present: Hon’l George H. Pegnes A. J.

John L. Lovejoy Clk.

Jas. H. Lovejoy, Sheff.

 

At this day is presented the petition of W. G. STROTHER for the appointment of a guardian for the person and Estate of M. G. STROTHER and L. C. STROTHER, and E. O. STROTHER, minor heirs of B. C. STROTHER Dec’d over the age of 14 years, and it appearing that legal notice has been given in said cases,--Therefore it is ordered that in the first case of minors under the age of 14 yeas that J. O. STROTHER be appointed Guardian of the persons and Estates of said M. G. STROTHER and L. C. STROTHER, minor heirs of B. C. STROTHER dec’d. that said J. O. STRAUGHAN (sic) is required to give Bond security in the sum of Three Thousand Dollars and that upon his giving Bond Letters issue to him as such guardian.

Issued.

 

Ordered by the Court that J. J. HARRISON be appointed Guardian of the person and Estate of E. STROTHERS minor heir over the age of 14 years which said heir came before the Court and made choice of said J. J. HARRISON as guardian of her person and Estate, and upon said HARRISON giv[ing] Bond and security in the sum of Fifteen Hundred Dollars, and that Letters Issue to him as such Guardian. Issued.

 

Ordered by the Court that the Clerk of this Court issue a citation requiring M. MISSOURI D’SPAIN guardian of her infant child ALICE G. M. DAY, to appear before this Court on the Last Monday and 19th day in Sept. 1856, and give a new Bond.

Issued.

 

Ordered by the court on the application of J. H. HAR

 

 

Page 554

 

…-BERGER (?) for the sale of certain Lands belonging to the heirs of JOHN McKINNEY, that the following property of said Estate be and the same is hereby ordered to be sold for the purpose of paying the expenses of Administration upon said Estate, to wit: All those portions of said Estate that have been heretofore by the order of this Court, Set off and apportioned to SARAH BORDEN, JAMES McKINNEY, WILEY B. McKINNEY, JANE MYERS and ROWLAND R. McKINNEY, heirs at Law of said JOHN McKINNEY deceased.

The said portion set off being a part of the headright survey of said JOHN McKINNEY of 320 acres of land in Collin County, Texas, and patented to said heirs by patent dated July 26th A. D. 1854.

It is further ordered that the same be sold on a credit of twelve months to the highest and best bidder, and that the purchase money be secured by mortgage upon the property sold and together with good personal security.

Said sale to be made at the Court House door in the Town of McKinney in said County on Tuesday the 7th day of October, A. D. 1856. After twenty days notice of the place, time & terms of said sale which shall be given as required by Law.

 

At this day came LUCY W. COMAR and presented her petition praying for Letters of Guardianship upon the person and Estate of WILEY, THOS., WILLIAM, HENRY and SARAH F. R. COMAR, minor heirs of A. G. COMAR dec’d.

It appearing that Legal notice of the filing of said petition has been given,--therefore it is ordered that said LUCY W. COMAR be and she is hereby appointed guardian of the person and Estates of said minors, and that she is required to enter into Bond and security in the sum of one Thousand Dollars, and that thereupon said LUCY have and receive Letters of Guardianship.

 

Page 555

 

It is ordered by the Court LEWIS SHIRLEY, GOERGE WHITE and JOHN FITZHUGH be and they are hereby appointed Commissioners to make a partition and distribution of the Estate of B. C. STROTHER dec’d among the heirs of said Estate, giving or allotting to L. C. STROTHER, one of the heirs of said Estate a part or portion thereof equal to one fourth of said Estate and to E. O. (?) STROTHER a part of portion equal to one fourth of said Estate, and to M. B. STROTHER a part or portion of said Estate, equal to one fourth of said Estate, and to PARALLER V. DODSON, wife of JAMES M. DODSON, a part or portion of said Estate, equal to one fourth of said Estate.

The above named person being all that are entitled to a share of said Estate.

It is further ordered that said commissioners make such partition in accordance with the quality & quantity of said property to be partitioned, and that they make report to this Court at the next regular Term.

If any advancements have been made to either of said heirs, it is to be taken into consideration,

Ordered by the Court that JOEL F. STEWART, J. O. STRAUGHAM and… be and they are hereby appointed appraisers of the Estates of CATHARINE YOUNG minor heir of F. S. YOUNG Dec’d and JAMES W. YOUNG, also an heir of said F. S. YOUNG dec’d.

 

Ordered by the Court that JOHN L. LOVEJOY, DAVID and J. B. WILMETH be and they are hereby appointed appraisers of the Estate of F. S. YOUNG Dec’d.

 

Ordered that Court adjourn until next regular Term.

George H. Pegues,

Chief Justice, Collin County, Texas

 

 

State of Texas

Collin County, Court of Collin next vacation Sept. 17th, 1856, for the transaction of Probate Business.

Present: George H. Pegues, C. J.

John L. Lovejoy, Clk.

 

Page 556

 

J. H. Lovejoy, Sheff.

 

At this day comes JAME KEELING and applies to the Court for an order to rent the farm belonging to the Estate of DANIEL and JANE FRENCH deceased.

It appearing to the interest of said Estate that said farm should [be] rented out and kept in repair.—

Therefore it is ordered by the Court that JAMES KEELING and ELI BAKER the administrators of said Estates rent the same for the term of one year, on Tuesday the 30th Sept. 1856, at public auction to the highest bidder after giving at least ten days notice of the time and place said Farm shall be rent for cash, to be paid on the expiration of 12 months, requiring Bond and security.

The person renting to keep the fence laid up.

Said auction to be had at the late residence of said decedent’s.

George H. Pegues

Chief Justice C. C. Texas

 

State of Texas

Collin County County Court, Collin County

Sept. Term, 1856

Be it know that the County Court of Collin County, Texas met on Monday the 29th day of September 1856, for the transaction of Probate Business.

Present: Geo. H. Pegues, Chief Justice Co. Court

James H. Lovejoy, Sheff.

John L. Lovejoy Clk.

 

The State of Texas

County of Collin County Court, Collin County

September 29th, A. D. 1856.

To all to whom these presents may come greeting:

Know ye that JOHN ATKINSON was this day appointed administrator pro tem of the Estate of NANCY ATKINSON, dec. and the said JOHN ATKINSON having given Bond and approved security for the faith-

 

Page 557

 

-full performance of his duties as such,--these are therefore, to authorize the said JOHN ATKINSON to enter upon and take possession of all and singular the slaves belonging to the Estate or the heirs of the said NANCY ATKINSON deceased.

Empowering him the said JOHN ATKINSON administrator to bring suit for the same and take the same into his own possession, wherever he may find them, and there safely keep until the regular Term of the Honorable the Probate Court of Collin County and the said JOHN ATKINSON is hereby empowered and authorized to take proper measures by suit at Law or otherwise for the recovery of any property and especially any slaves belonging to said Estate, which may be in the possession of any other person or persons who may be endeavoring to detain or dispose of it and is hereby invested with full and necessary power to take possession of and keep said property until the next term of our said court or by order until the second Term thereof, at which time he shall make his report as said Administrator pro tem as required by Law. Given under my hand

Geo. H. Pegues

Chief Justice

of Collin County Texas.

 

In attestation whereof I hereunto set my official signature and the seal of said Court at office in the Town of McKinney on the 29th day of September A. D. 1856.

John L. Lovejoy,

Clerk County Court

of Collin Co. Texas

 

At this day came JAMES PRICE by petition, paying for Letters of Administration upon the Estate of MARY A. PRICE deceased, late wife of said JAMES PRICE.

It appearing to the Court that legal notice has been given of the filing of said petition by the County Clerk of Collin County and the said JAMES PRICE having given Bond and approved security for the faithful performance of the duties of such administrator, therefore it is ordered by the…

 

Page 558

 

…court that said JAMES PRICE be and he is hereby appointed administrator of said Estate and it is further ordered that Letters of Administration issue to said JAMES PRICE as such. Issued.

 

Whereas JAMES PRICE Admr. of the Estate of MARY A. PRICE has this day filed his exhibit and petition in which he represents and shows that he with his decedent had bargained and sold to WILLIAM RODMAN two tracts of Land in Collin County, containing One Hundred and fifteen acres and that a title deed had not been made to said RODMAN before the demise of the said MARY A.

It is therefore ordered, adjudged and decreed that the said JAMES PRICE as Admr. make to said WILLIAM RODMAN a good and sufficient title to said Lands, divesting (?) his said decedent of her rights in and to said land and resting the same in the said RODMAN.

 

At this day came CHARLES C. COOPER before the court and made choice of STANLEY COOPER as the guardian of his person and Estate, and process having been regularly served on ISSAC N. COOPER and he failing to appear,--it is ordered by the Court that STANLEY COOPER be and he is hereby appointed Guardian of the person and Estate of said ISAAC N. COOPER, both of them an infant heir of MILTON COOPER dec’d over the age of 14 years. Issued

 

It is ordered by the Court that STANLEY COOPER be and he is hereby appointed Guardian of the person and Estate of MARY L. COOPER infant heir of MILTON COOPER deceased under the age of 14 years, regular notice of this application having been given as the Law requires.

 

Ordered that JOSEPH DIXON, MATHEW GRAY and E. D. McCAY be and they are hereby appointed appraisers to appraise Estate belonging to MARY L. COOPER, ISAAC N. COOPER and CHALRES C. COOPER infant heirs of MILTON COOPER Dec’d.

 

Page 559

 

At this day came MARY BUTLER by petition praying that HARRISON JAMISON be appointed administrator of the Estate of WM. BUTLER dec’d.

It appearing to the chief Justice that legal notice, as required in such case, has been given,--

It is ordered by the Court that HARRISON JAMISON be and he is hereby appointed administrator of said Estate, and that he give Bond and security in the sum of Thirteen Hundred, for the faithful discharge of the duties required of him, and upon his giving said Bond that Letters of Administration issue to him as administrator of the Estate of WM. BUTLER Decd.

Issued.

 

Ordered by the court that SILAS YARNALL, PELEG (?) W. REYNOLDSON and A. TALKINGTON be and they are hereby appointed appraisers of the Estate of WM. BUTLER dec’d. Issued.

 

At this day came L. M. MARSHALL, S. E DONALDSON and ISAAC HERRING and WM. MURPHY some appointed to make partition and distribution of the Estate of MARTIN HEARN Decd. and made report to the Court of their action in the premises, which report has been examined and approved and ordered to be filed and recorded by the Clerk of this Court.

 

At this day came JOHN L. LOVEJOY, JR. by petition praying for Letters of Administration on the Estate of EDWARD BRADLEY Dec’d.

It appearing to the satisfaction of the Court that legal notice has been given, therefore, it is ordered that JOHN L. LOVEJOY be and he is hereby appointed Administration of the Estate of said BRADLEY dec’d and that said LOVEJOY give Bond and security in the sum of six thousand Dollars for the faithful performance of his duties as such administrator, that when he gives said Bond that Letters of Administration of said Estate---Issued.

 

Ordered by the Court that DAVID STIFF, BUFORD HENRY and JOSIAH D. DOAK be and they are here-…

 

Page 560

 

…by appointed appraisers of the Estate of EDWARD BRADLEY dec’d. Issued.

 

Ordered by the Court that W. G. STROTHER administrator of the Estate of B. C. STROTHER deceased, be cited by the Clerk of this Court to make the exhibits required of him by Law as such administrator at the October Term of this Court, 1856, before this Court. Issued.

 

Order that Court adjourn until Tomorrow morning 9 o’clock A. M.

 

Tuesday, September 30th, A. D. 1856.

The County Court met for the transaction of Probate Business pursuant to adjournment.

Present: Geo. H. Pegues, Chief Justice

John L. Lovejoy, Clerk

James H. Lovejoy, Sheriff

 


At this day came THOMAS LEWELLING administrator de Bonis Non of the Estate of JOSHUA E. HEATH deceased and made report of the sale of a certain certificate belonging to said Estate, which said certificate was granted to the heirs of said Estate by the Legislature of the State of Texas for 320 acres.

The court having examined said report and the manner in which said sale was made, and being satisfied that it was fairly made in conformity with Law,--

Therefore it is ordered and decreed by the Court that said sale be confirmed and that said report be recorded by the clerk of this Court and that said Administrator de Bonis Non make the purchaser THOMAS STALCUP a conveyance of said certificate.

 

Ordered by the Court that certain orders for Partition and distribution of the Estate of B. C. STROTHER Dec’d among the heirs thereof made at the August Term of this Court, ____? Be and the same are hereby annulled and held for naught.

 

Page 561

 

At this day came WM. PERRIN administrator of the Estate of JACKSON HARDIN deceased and made his annual exhibit in said Estate.

It appearing to be made in accordance with Law, therefore, it is hereby approved and ordered to be filed.

 

Ordered that Court adjourn until next regular term.

Geo. H. Pegues,

Chief Justice C. C. Texas.

 

State of Texas

County of Collin County Court, Collin Co., October Term 1856.

Be it known that the County Court of Collin County, Texas, met on Monday the 27th day A. D. 1856, for the transaction of Probate Business.

Present: George H. Pegues, Chief Justice

John L. Lovejoy, Clk.

J. H. Lovejoy, Sheriff

By M. R. Parrish, Deputy.

 

At this day came JOHN M. KINCAID Admr. of the Estate of JOSEPH SLATER and made a final settlement of his accounts of said administration which final account and settlement, is hereby approved by the Court, the Court being satisfied that legal notice as required in such cases has been given.

 

At this day came H. JAMERSON Admr. of the Estate of WM. BULTER dec’d and presented appraisement of the property belonging to said Estate which has been examined and approved.

 

B. F. HENDRICKS administrator of the Estate of JAMES W. YEARRY deceased, having failed to make the return to this court required by Article No. 1191, Hartley’s Digest and more than twelve months having expired since the original grant of Letters of Administration to him, on motion of J. H. HARBERGER agent for creditors of said Estate, ordered that the Letters of Administration heretofore granted to said HENDRICKS be and…

 

Page 562

 

…the same are hereby revoked.

 

At this day comes BARBARA CULWELL, administratrix of the Estate of SOLOMON HUFFSTETLER Dec’d. and asked for a continuance of a final settlement of said Estate from this term to the next January Term of this Court, which continuance is hereby granted as asked for by said administratrix.

 

At this day came J. J. HARRISON Guardian of the person and Estate of E. O. STROTHER, minor heir [of] B. C. STROTHER, dec’d, and made report of the condition of said Estate [and] said heir, which has been examined and approved by the Court.

 

At this day came J. O. STROTHER, guardian of M. G. & L. C. STROTHER minor heirs of B. C. STROTHER dec’d., and made report of the condition of the Estate of said minors which said report has been examined and approved by the Court.

 

At this day came OLIVER LOVING administrator of the Estate of HUBBARD SHORT dec’d and presents his account for final settlement of said Estate, it appearing that all the debts known to exist, have been paid so far as the assets in his hands will permit,--Therefore it is ordered by the Court that the Clerk give at least twenty days notice that said Administrator will at the next term of this Court make a final settlement of said Estate,… which notice shall be posted up at the Court House door, and at two other public places in said County and shall state the presentation of his final account, when it will be acted on, and shall require all persons interested in said Estate to appear and contest said account.

 

At this day came W. G. STROTHER administrator of the Estate of B. C. STROTHER Dec’d and made an exhibit as required of him as such administrator by the 82nd Article Hartley Digest which exhibit has been examined…

 

Page 563

 

..and approved by the Court.

 

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

 

Tuesday, October 28th, 1856.

The County Court of Collin County met on Tuesday the 28th day of October 1856 pursuant to adjournment for the transaction of Probate Business.

Present: George H. Pegues, Chief Justice,

John L. Lovejoy, County Clk.

James H. Lovejoy, Sheff.

 

Ordered by the court that WALTER YEARRY Guardian of the heirs of JAMES W. YEARRY decd. be allowed the sum of Fifty dollars out of their Estates, this allowance is made to said Guardian as per account against said heirs for their maintenance and support for the last year.

 

Now at this day came JACOB HARGERGER administrator De Bonis Non of the Estate of JOHN McKINNEY, deceased, and rendered his report and account of sales made by him by virtue of an order and decree of this Court made at the August Term thereof A. D. 1856 by which he was ordered to sell certain Lands belonging to said Estate and described in said order as follows, to wit:

All those portions of the Real Estate of said JOHN McKINNEY deceased situated in said County of Collin that have been, by the Commissioners appointed to partition and distribute said Estate set off and apportioned to SARAH BORDEN, JAMES McKINNEY, WILEY B. McKINNEY, ROWLAND R. McKINNEY and JANE MYRES and which is more particularly described as follows, to wit:

Commencing seventeen chains and seventy seven Links East of the North East Corner of JOHN GRAY’S 320 acres at a part from which an Elm 8 inches on diameter marked X brs. South 44º West 460 Links running thence South 80 chains Thence East 22 chains and 20 Links to the South East…

 

Page 564

 

…corner of said JOHN McKINNEY’S 320 acre survey thence North 80 chains to the said JOHN McKINNEY’S North East Corner thence West 22 chains and 20 Links to the place of beginning containing one hundred and seventy seven and seven ninths of an acre of Land and the Court having inquired into manner in which said sale was made and being satisfied that it was made fairly and in conformity with Law, it is hereby ordered that said sale be in all things confirmed and the accounts thereof recorded and it is further ordered that the said JACOB HARBERGER administrator as aforesaid make and deliver to EDWARD HIGBY the purchaser at said sale, a deed of conveyance of the said Lands upon receiving from the said EDWARD HIGBY the security required by Law.

 

At this day came WM. PERRIN administrator of the Estate of THOMAS PHILLIPS Dec’d and made an exhibit required of him by the 82d section of Hartley’s Digest, which exhibit has been examined and approved by the Court.

 

Ordered by the Court that W. G. STROTHER be allowed the sum of One Hundred and Eighty Dollars.

This allowance made to the said STROTHER for past maintainance and support of the heirs of B. C. STROTHER Decd., their (there) having been no yearly allowance made at the proper time.

 

At this day came GEORGE H. PEGUES administrator of the Estate of F. S. YOUNG Dec’d and presented a Sale Bill of the personal property made by him on the 26th day of August, which said sale Bill or report of sale was examined by GEORGE FITZHUGH and WILLIAM BEVERLY too (two) County Commissioners and approved by them.

 

At this day came GALLATIN SEARCY administrator of the Estate of SAMUEL BROWNING Dec’d and presented the Court , an application…

 

Page 565

 

…for the sale of a certain unconditional certificate No. 5 for 320 acres issued to the heirs of said SAMUEL BROWNING Dec’d. by the Board of Land Commissioners of Collin County which said application is accompanied by a Statement in writing of the estimated expenses of Administration there being no other Effects belonging to said Estate, and it appearing to the satisfaction of the Court that here is a necessity for a sale of said certificate:

Therefore it is ordered by the Court that GALLATIN SEARCY Administrator of the Estate of SAMUEL BROWNING dec’d, proceed to sell the unconditional certificate granted to the heirs of said BROWNING dec’d, No. 5 for 320 acres of Land by the Board of Land Commissioners of Collin County, Texas at Public outcry at the Court House Door in the Town of McKinney, on the 1st Tuesday, being the 2d day of Decr. 1856, giving first, at least twenty days notice thereof, at the Court House Door and two other public places.

Said sale to be on a credit of twelve months, good security for the purchased money to be required.

 

Ordered that Court adjourn until next regular Term.

George H. Pegues,

Chief Justice,

Collin Co., Texas.

 

State of Texas

Collin County County Court, Collin County.

November Term, A. D. 1856 for the transaction of Probate Business.

Present: Hon’l Geo. H. Pegues, Chief Justice

John L. Lovejoy, Clerk

James H. Lovejoy, Sheff.

By M. R. Parish, Deputy

 

At this day is presented to the Consideration of the Court this final account of OLIVER LIVING administrator of the Estate of HUBBARD SHORT Decd’ which account is verified by affida-…

 

 

Page 566

 

vit for settlement and it having been ordered by the Chief Justice at the Last Term of this court that at least twenty days notice be given by posting notices at the Court house door and two other public places in the County, which notice specified the presentation of said account, the Term of the Court when to be acted on, and required all persons interested in said Estate to appear and contest said account, and it appearing to the satisfaction of the Court that legal notice has been given in accordance with Law and the order of this Court and having examined said account duly and being satisfied that said account is correct,--

 

Therefore it is ordered by the Court that the same be confirmed and that said Administrator be discharged from his trust, there being no Estate remaining in the hands of said Administrator.

 

At this day came WALTER YEARRY and filed his application for the Probate of the Last Will and Testament of ELIZABETH HENDRICKS dec’d. which Will was proved up in accordance with Law, by taking the evidence of P. B. BAILEY one of the subscribing witnesses to the execution of said Will by said ELIZABETH HENDRICKS.

Therefore it is ordered by the Court that WALTER YEARRY be and he is hereby appointed Executor of the Estate of said ELIZABETH HENDRICKS. And it is further ordered that said Will be recorded, and that Letters of Executorship be issued to said YEARRY, after the said YEARRY gives Bond and approved security in the sum of Two Thousand Dollars. Issued.

 

Ordered by the Court that HARRISON STANFORD, MOSES JONES and FIELDEN TWEEDLE be and they are hereby appointed appraisers of the Estate of ELIZABETH HENDRICKS Decd.

Issued.

 

Ordered by the Court that WALTER YEARRY guardian of the Estate of SYNTHIA O. and WM. P. YEARRY Dec’d., sell at private sale some Beef…

 

 

Page 567

 

…Steers belonging to said minors and make report thereof to this Court. Issued.

 

At this day came A. T. ROBERTSON by petition praying for Letters of Administration upon the Estate of ROBERT SKAGGS Dec’d.

It appearing to the satisfaction of the Court that legal notice has been given of the filing of said petition and the said ROBERTSON having tendered to the Court his Bond in good and lawful sum of Two Thousand dollars,--

Therefore it is ordered that said Bond be approved and that Letters of Administration issue to said ROBERTSON as Administrator of said Estate. Issued.

 

Ordered by the Court that it be adjourned until 8 o’clock A. M. Tomorrow Morning.

 

State of Texas

County of Collin The County Court of Collin County met pursuant to adjournment on Tuesday, November 20th, 1856.

Present: Geo. H. Pegues Chief Justice.

John L. Lovejoy, Clerk.

James H. Lovejoy, Sheff.

By M. B. Parish, Deputy.

 

At this day came GEORGE WHITE by petition praying for Letters of Administration upon the Estate of JONATHAN PHILLIPS deceased.

It appearing to the satisfaction of the Court that legal notice of the filing of said petition has been given, therefore it is ordered by the Court that said GEORGE WHITE be and he is hereby appointed administrator of said Estate and that he give Bond in the sum of Five Thousand Dollars and that upon his giving Bond that Letters issue to him as such administrator.

Issued.

Ordered by the Court that JOSEPH DIXON, JENKINS and ISAAC STIMPSON be and they are hereby appointed appraisers of the Estate of JONATHAN PHILLIPS deceased.

Issued.

 

Page 568

No. 1

Upon petition of JAMES M. DODSON, P.V. DODSON, wife of the said JAMES M. DODSON, and JOHN MALLOW and ELIVIRIA O. MALLOW, wife of said JOHN MALLOW, for a partition and distribution of the Estate of B. C. STROTHER Dec’d. the following proceedings were had.

It appearing to the satisfaction of the Court that upon said petition legal notice had been served upon W. G. STROTHER administrator of the Estate of said B. C. STROTHER dec’d., and J. O. STRAUGHAN Guardian of M. G. STROTHER and L. C. STROTHER, who are minors, and they all being represented in Court either in person, by attorney or Guardian, and it further appearing to the satisfaction of the Court that P. V. DODSON, wife of JAMES M. DODSON, and ELIVIRA O. MALLOW, wife of JOHN MALLOW, and M. G. STROTHER and L. C. STROTHER all of whom are citizens of Collin County, Texas, are the only heirs legally, and children of the said B. C. STROTHER Dec’d. and entitled each to an equal distributive share of the Estate of said Decedent.

It is therefore, 1st ordered by the Court that GEORGE WHITE, JOHN FITZHUGH and LEWIS SHERLEY be and they are hereby appointed commissioners to make a fair, just and impartial division or partition and distribution of the following Real Estate adjudged to be the property of said decedent, into four equal parts, taking into consideration the quality and quantity together with improvements &c, 1st Tract containing (712) seven hundred and twelve acres of land out of the head right survey of WILLIAM SAUNDERS Survey of 1280 acres being and lying in Collin County, Texas on the Waters of East Fork of Trinity River, Beginning at the North East Corner of said survey of 1280 acres, a post from which an Elm mkd. J. D. bears East one chain and twenty six links and an Elm Mrk—X bears north 13 º East one chain and sixty Links. Thence West with the North line of said Survey eighty seven chains and 40 Links to a post in the East Bank of Clements Creek from which a Spanish…

 

Page 569

 

…Oak 8 inches in diam. Mkd X brs N 47º 16 links Thence West to the middle of said Creek. Thence down said creek in the middle of the bed thereof with the meanders thereof, to the South Line of said survey. Thence East to a post on the East bank thereof from which a Spanish Oak 10 in. in diam. Mkd. X brs North 45º East 10 Links. Thence East 99 chains and 80 Links with the South Line thereof to the South East Corner thereof a post from which an Elm 10 inches in diam. Mkd. X brs. North 60 1/4º West two chains and… Links, Thence North with the East line of said Survey seventy five chains and 68 Links to the place of beginning.

 

2nd Tract containing (87) Eighty Seven acres out of the Head right Survey of the heirs of JAMES FISHER Dec’d. of 3405 acres being and lying in the County and State aforesaid on the Waters of Sister Grove Creek, beginning in the North Line of JAMES FISHER share (?) at a post on the East Bank of said Creek from which a bois d'arc 4 inches in diam. Mkd. X brs N. 56 ½ (º) e. 22 Links Thence East 51 (?) chains & 88 Links to the N. E. Corner of said share a post from which an Elm 4 in. in diam. Mkd. X brs. South 77 (º) W. 21 Links and an elm 5 in. in diam. Mkd. X bears S. 87 1/3 (º) E. 20 Links, Thence South 14 (º) 25 (º) E. 12 chains & 33 (?) Links to the North East Corner of a survey of 320 acres in the name of RUFUS SEWELL. Thence West 56 chains and 56 Links to the North West Corner thereof. Thence South 9 chains to a post in the West Line thereof. Thence West 6 chains and 80 links to a point in the middle of the Bed of Sister Grove Creek. Thence up said creek in the middle of the Bed thereof to the north Line of said share. Thence east 50 Links to the place of beginning.

It is further ordered by the Court that said commissioners take into consideration the advancements made to the following named heirs, which they are hereby adjudged to have received, viz. M. G. STROTHER and L. C. STROTHER jointed one mare and colt valued (sic) at ….Dollars.

3rd.

It is further ordered that said Commissioners divide or allot said lands to each distributee

 

Page 570

 

…of a part in each parcel or of parts in one or more parcels, or of one or more parcels either with or without the addition of a part or parts of other parcels as shall be most for the interest of said Distributees provided the same is capable of being so divided without manifest injury to all or any of said distributes.

 

It further appearing to the satisfaction of the Court that it is to the interest of the heirs and distributes of said Estate not to order a division of the personal property of said Estate now in the hands of the Administrator,--it is therefore ordered that the said Commissioners partition the Lands above described only.

4th.

It is further ordered that a Writ of Partition and distribution issue commanding said Commissioners to proceed forthwith to make a partition and distribution of the real Estate above described in accordance with the decrees of this Court that they make due return…said writ with their proceedings under it at the next Term of this Court, show in how they have executed the same. Issued.

 

In the matter of the application of LUCY W. ELSTON, late LUCY W. COMAR, for partition of the common property of herself and her late husband ABSOHM G. COMER.

Upon reading and filing the application of LUCY W. ELSTON praying for a partition and distribution of the common property of herself and her late husband ABSOHM G. COMER it is ordered that the hearing of the application be continued until the next Term of this Court and that a citation issue for WM. C. McKINNEY administrator of the Estate of ABSOHM G. COMER to appear at the next term of this Court to show cause why said partition and distribution shall not be made.

 

Page 571

 

In the Matters of the Estate of NANCY ATKINSON Dec’d.

Upon reading filing the final report of JOHN J. ATKINSON by which it appears that the said NANCY ATKINSON at the time of her decease was not possessed of any property real or personal or any assets to be administered and whereas he prays to be discharged from his administration of said Estate.

It is ordered that the said JOHN J. ATKINSON be and is hereby discharged from the same according to the prayer in his said report.

 

It is ordered by the Court that the second order made in the petition of JOHN M. DODSON and others for a partition and distribution of the Real Estate of B. C. STROTHER deceased be and the same is hereby annulled.

 

At this day came JOHN C. BATES, Guardian of ELIZABETH CHENOWORTH and made report on the Estate of said CHENOWORTH, which report has been examined by the Court & is hereby approved.

 

Ordered that Court adjourn until Tomorrow morning 9 o’clock a. m.

 

Wednesday November 26th, 1856.

The County Court of Collin County met pursuant to adjournment.

Present: Geo. H. Pegues, Chf. Justice

John L. Lovejoy, Clerk

Jas. H. Lovejoy, Sheff.

By M. R. Parish, Depty.

 

At this day is presented an inventory and apprise Bill of the real and personal property belonging to the Estate of EDWARD BRADLEY Dec’d. which being duly certified by the Administrator of said Estate and by the appraisers thereof and having been examined and duly considered by the Court, the same is hereby approved.

 

Page 572

 

Agreeable to Article 1153 Hartley’s Digest I, GEO. H. PEGUES, Chief Justice of the County Court of said County, fix the amount of the allowance for the support of the widow of EDWARD BRADLEY Dec’d late of said County, (to wit): NANCY BRADLEY, at the sum of One Hundred Dollars which amount is adjudged by the Court to be sufficient for her maintenance for the Term of one year, which allowance shall be paid to said NANCY BRADLEY, widow of said deceased by the administrator of said Estate either in money out of the first funds of the Estate that may come into his hands, or in such personal Effects of the deceased as said widow may choose to take at the appraisement, or a part thereof in each as she may select.

 

In the matter in relation to the Estate of JAMES W. YEARRY deceased.

B. F. HENDRICKS of said County having been appointed administrator upon said Estate on the 24th day of September A. D. 1855, and having accepted said appointment, and more than twelve months having expired since the original grant of Letters of Administration to said HENDRICKS, and he having neglected to return to this Court an exhibit of the condition of said Estate as required by Article 1191 section 82 of Hartley’s Digest and having grossly neglected his duties as such administrator,--it is ordered that the Letter of Administration, granted to the said B. F. HENDRICKS as aforesaid, be and the same is hereby revoked and set aside. And it appearing by the petition of JACOB H. HARGERGER that the said JAMES W. YEARY, at the time of his death was largely indebted, and that said indebtedness is still unpaid, and is now in the hands of the said HARBERGER for collection,--it is further ordered that the said JACOB H. HARBERGER be and he is hereby appointed administrator de bonis non upon said Estate, and that Letters of Administration be issued to him…

 

Page 573

 

…upon his filing a Bond in pursuant of the Statute.

 

In the matter of the petition of JOHN C. BATES guardian of the person and Estate of ELIZABETH CHENOWORTH, a minor.

On reading and filing the petition of JOHN C. BATES, guardian of the person and Estate of said ELIZABETH CHENOWORTH, where in it is in substance represented that since the appointment of said BATES as such guardian, a suit had been commenced in the District Court of Collin County against said BATES, ELIZA his wife and said ELIZABETH CHENOWORTH and others, by NANCY ANN BECK by MARTIN D. HART her next friend, in an action of trespass to try the title to the Lands claimed by the said JOHN C. BATES as guardian of said ELIZABETH, and that for the purpose of defending said suit, and protecting the rights and interests of the said ELIZABETH, it became necessary for him the said BATES to employ attorneys to defend said suit and that he procured the services of ROBT. L. WADDILL, JACOB H. HARBERGER G. A. EVERTS (?) & H. G. HENDRICKS as such Attorneys, and made an agreement with them in writing, whereby he bound himself as guardian of said ELIZABETH to convey to them one fourth of the land that might be recovered in said suit for the said ELIZABETH, or in default thereof to pay them the value of one fourth of the land so recovered as a compensation for their services as such Attorneys.

A copy of which Bond is filed with and made a part of said petition and in which petition it is further represented that the terms of said agreement were the best that could be made with responsible and competent attorneys for the defense of said cause, and that the said suit has been in part decided by the said Court, and the following described Land decreed to the said ELIZABETH, (to wit):

Fifteen Hundred and eighty five acres of Land out of the head right survey of HARDIN T. CHENOWORTH declared…

 

Page 574

 

… being and lying in the County of Collin on the Waters of the East Fork of Trinity, beginning at the South East corner of said original survey, running thence north 40 (º) and 20 (º) West 89 chains and thirty five links a post in the East Line of said original survey from which a spotted oak 15 inches in diameter marked X bears South 10 (º) East 37 Links and an Elm 6 inches in diameter marked X bears South 67 (º) West 45 Links. Thence West 86 chains a post from which a spotted Oak 14 inches in diameter marked X bears South 40 Links thence South 89 chains and 35 links to a Honey Locust 8 inches in diameter marked C. O. in the South Line of said original Survey. Thence east 86 chains to the place of beginning, containing Seven Hundred and Ninety eight acres of Land. Also, commencing at the North West Corner of said original survey, Thence East 85 chains a post in the North Line of said Survey from which an Ash 7 inches in diameter marked X bears North 40 (º) West 30 Links. Thence South 92 chains and 65 links a post from which an Ash 10 inches in diameter marked X bears North 89 (º) East 6 chains and a Spotted Oak 13 inches in diameter marked X bears South 40 (º) West 133 links. Thence West 85 chains a post in a neck of Prairie, Thence North 92 chains and 65 links to the beginning containing Seven Hundred and Eighty Seven acres of Land and in which report the said BATES prays that the said agreement so made by him may be confirmed by this Court, and that Commissioners be appointed by this Court to partition said Land and to set off and apportion to said WADDILL and HARBERGER and to GALLETON SEARCY as the assignee of the said EVARTS and HENDRICKS the one fourth of said lands and that he the said BATES may be directed and empowered as such Guardian to convey to said WADDILL, HARBERGER and SEARCY the one fourth part of said lands upon the filling and…

 

Page 575

 

…conformation of the report of said Commissioners and the Court having examined into the facts set forth in said petition and being satisfied that said agreement was entered into in good faith and with the view to the best interest of the said ELIZABETH and the said WADDILL, HARBERGER and SEARCY are justly entitled to the one fourth part of the above described Land,--it is ordered, adjudged and decreed by the Court that the agreement so as aforesaid made by the said BATES be confirmed and approved and that the said Lands be partitioned and conveyed to said ADDELL, HARBERGER and SEARCY, by the said BATES as such guardian and that WILEY DUGGER, ALEXANDER T. ROBINSON and ALBERT MASSIE of said County be appointed commissioners to partition the said Lands, and to set off and apportion to said WADDILL, HARBERGER and SEARCY the said one fourth part of the same quantity and quality considered and that they make report of their doings in the premises at the next Term of this Court.

Issued.

 

Ordered that Court adjourn until next regular term.

Geo. H. Pegues,

Chief Justice of Collin Co., Texas.

 

State of Texas

County of Collin In vacation Nov. 295h 1856.

County Court, Collin County.

Be it known that the County Court of Collin Co. met on Saturday, the 29th Novr. 1856 in vacation for the transaction of Probate Business.

Present: George H. Pegues, Chief Justice

John L. Lovejoy, Clerk

James H. Lovejoy Sheff.

 

Ordered by the Court that HUGH GOTCHER, CORNELIUS BOWIE and JOHN HARRIS be and they are hereby appointed appraisers of the Estate of JAMES W. YEARRY Decd.

Issued.

 

Page 576

 

Ordered by the Court that CALEB HART, SAM P. BROWN and THOMAS J. AUSTIN be appointed appraisers of the Estate of ROBERT SKAGGS, Dec’d. Issued.

 

Ordered that Court adjourn until next regular Term.

Geo. H. Pegues,

Chief Justice of Collin Co., Texas

 

State of Texas

Collin County County Court of Collin County.

December Term 1856.

Be it known that the County Court of Collin County met in session on Monday the 29th day of December A. D. 18567, for the transaction of Probate Business.

Present: George H. Pegues Chief Justice C. C.

J. H. Lovejoy Sheff

By M. R. Parrish, Dept

John L. Lovejoy, Clerk,

 

At this day came GALLATIN SEARCY administrator of SAMUEL BROWNING deceased and made report of the sale of a certificate of 350 acres of Land granted to the heirs of said Estate, which sale was made under a previous order of this Court, and the Court having inquired into the manner of in which such sale was made and being satisfied that is was fairly made and in conformity with Law—and the account of said sale being in due form of Law,--

Therefore, it is ordered and decreed by the Court that the account of said sale be confirmed and that the same be recorded by the Clerk of said Court and a conveyance be made to JAMES WARRENBURG the purchaser of said certificate vesting all the right, and title that said Decedent had in the purchase.

 

At this day came MANEN CLEMENT by petition praying for Letters of Guardianship upon the person and property of WILLIAM

 

Page 577

 

CLEMENT, who resides in the State of Arkansas, minor heir of WESLEY CLEMENT deceased.

It appearing to the satisfaction of the Court that notice of the filing of the petition has been given by the Clerk of said Court,--

Therefore it is ordered by the Court that MANEN CLEMENT be and he is hereby appointed guardian of the person and Estate of said WILLIAM CLEMENT and upon the said MANEN CLEMENT giving Bond and approved security as such guardian in the sum of $4000.00, the Letters of Guardianship be issued to said MANEN CLEMENT.

Issued.

 

Ordered by the Court that ELI BAKER be and he is hereby appointed guardian of the person and Estate of MARTHA HARDEN, minor heir of JACKSON HARDEN Dec’d. said minor being over the age of fourteen years, appeared in person before the Court and made choice of said ELI BAKER as the guardian of her person and Estate,.

It is further ordered that the said BAKER give Bond in the sum of Three Hundred Dollars. Upon his giving said Bond and approved security that Letters of guardianship issue to him as such guardian.

 

Ordered by the Court that SAMUEL BOGART, THOS. STALLCUP & PLEASANT WILSON be and they are hereby appointed appraisers of the property of the Estate of the minor WILLIAM CLEMENT, heir of WESLEY CLEMENT decd. Issued.

 

This day came MANEN CLEMENT guardian of the person and Estate of WM. CLEMENT, minor heir of WESLEY CLEMENT deceased, and filed an inventory of all the Estate belonging to said MANEN, that has come to his knowledge, which inventory is duly sworn to.

Said inventory is hereby approved and is ordered to be recorded.

Also came SAMUEL BOGART, PLEASANT WILSON and THOMAS STALLCUP appraisers appointed by the Court to appraise all the Estate of said minor and return to…

 

Page 578

 

…court an appraisement of the same duly certified, which appraisement is hereby approved and ordered to be recorded.

 

Ordered by the Court that the administrator of the Estate of JOSEPH SLATER Dec’d., pay over to MRS. BARBARA SLATER, wife of and widow of the said JOSEPH SLATER dec’d. all moneys in his hands as such administrator amounting to nineteen dollars and that his account as said administrator be approved and allowed by the Court.

At this day came WILLIAM A. PHILIPS by petition praying for Letters of Guardianship of the person and Estate of JOHN PHILIPS, and it appearing to the satisfaction of the Court that the Clerk of said Court has given legal notice of the filing of said petition,

Therefore it is ordered by the Court that said WM. A. PHILIPS be appointed guardian of the person and Estate of said JOHN PHILIPS who is unsound in mind and that said PHILIPS give Bond in the sum of Three Thousand Dollars and upon the said WM. A. giving Bond that Letters issue to him as such guardian.

Issued.

 

Ordered by the Court that WILLIAM SHIELDS, HENRY SHEILDS and E. D. McCOY be and they are hereby appointed appraisers of the property of the Estate of JOHN PHILIPS who is unsound in mind.

 

At this day came JACOB ROUTH by petition praying for Letters of Guardianship of the person and property [of] RACHEL E. MANN minor heir of STEPHEN G. and ELLEN MANN deceased. And it appearing to the satisfaction f the Court that the Clerk of said Court has given legal notice of the filing of said petition,--Therefore it is ordered by the Court that said JACOB ROUTH be appointed Guardian of the person and Estate of the said RACHEL E. MANN and that said JACOB ROUTH give Bond in the sum of…

 

Page 579

 

…of Two Thousand Dollars, and upon the said JACOB ROUTH giving Bond, that Letters to him as such Guardian—

Issued.

 

Ordered by the Court that WM. BEVERLY, FOUNTAIN J. VANCE and ROBT. CAMELL (CAMPBELL?) be and they are hereby appointed appraisers of the property of the Estate of the minor heir RACHEL E. MANN, heir of STEPHEN G. and ELLEN MANN deceased.

 

At this day came JOHN M. SALMONS [SAMMONS] by petition praying for Letters of administration of the Estate of MAZE R. FOSTER deceased. And it appearing to the satisfaction of the Court that the Clerk of said Court has given legal notice of the filing of said petition,--Therefore it is ordered by the Court that JOHN M. SAMMONS be and he is hereby appointed administrator of the Estate of the said M. R. FOSTER deceased and that he give Bond in sum of Two Thousand Dollars, and upon the said JOHN M. SMMONS giving Bond that Letters issue to him as such administrator. Issued.

 

Ordered by the Court that S. E. DONALSON, N. B. WILLESS & ENOCH E. PEGUES be and they are hereby appointed appraisers of the property of the Estate of MAIZE R. FOSTER deceased.

 

Ordered that Court adjourn until Tomorrow Morning 8 o’clock a. m.

Tuesday Decr. 30th, 1856.

The County Court of Collin County on Tuesday the 30th day of Decr. A. D. 1856 pursuant to adjournment.

Present: Hon’l Geor. H. Pegues, Chief Justice

John L. Lovejoy, Clerk Co. Court

Jas. H. Lovejoy, Sheff By

his deputy M. R. Parish

 

At this day came W. YEARRY and files (6) Six Vouchers in the Estate of JOHN YEARY Decd.

 

At this day came the petition of H. JAMISON Atty. for ABRAHAM PRICE Admr. of the Estate of CYNTHIA A. COOPER deceased for the partition and distribution of the Estate of ALEX COOPER Decd. which petition is laid over to the next term of the Court for want of ser-…

 

Page 580

 

…vice on the administrator of the Estate of said ALEX COOPER Dec’d and for want also of service upon MRS. NAUGLE late widow [of] said ALEX COOPER dec’d.

 

At this day came WILLIAM B. KENDALL by petition praying that Letters of Guardianship of the person and Estate of MARTIN P., RACHEL, MARTHA ANN and GEORGE KENDAL minor heirs of …KENDALL Decd. and it appearing to the satisfaction of the Court that the Clerk of the County Court of said County, Therefore it is ordered by the Court that said WILLIAM B. KENDEL be and is hereby appointed guardian of the person and Estate of said minors, and upon the said WM. B. KENDAL giving Bond and approved security in the sum of …Dollars that Letters issue to him as such guardian.

 

Ordered by the Court that … and….be appointed appraisers of the Estate of the minor heirs of …Dec’d.

 

In the matter of LUCY W. COMER, alias LUCY W. ELSTON for petition and distribution of the Estate of ABSOLUM G. COMAR.

It is ordered by the Court that the application of LUCY W. COMAR be continued for want of service on WILLIAM C. McKINNEY, Administrator of said Estate.

 

At this day came WALTER YEARY Executor of the Estate of ELIZABETH HENRICKS Dec’d and returned to the Court an inventory and appraisement of the Effects of said Decedent which has been examined by the Court and is hereby approved and ordered to be recorded by the clerk.

Ordered by the Court that WALTER YEARY Executor of the Estate of ELIZABETH HENDRICKS dec’d. after giving Lawful notice, proceed to rent to the highest bidder, the farm belonging to said Estate. Said Farm to be rented at the late residence of JOHN YEARY deceased on the 15th day of January A. D. 18l57 for cash in hand.

 

Page 581

 

Ordered that Court adjourn (sic) until Tomorrow Morning 8 o’clock a. m.

Wednesday 31st day Decr. 1856.

County Court of Collin County, Texas met pursuant to adjournment.

Present: Geo. H. Pegues, Chief Justice.

John L. Lovejoy, Clerk.

Jas. H. Lovejoy, Sheff.

By M. R. Parish, Depty

In the matter of the Estate of EDWARD BRADLEY, Decd.,

In conformity with Article No. 1154, Hartley’s Digest it is ordered by the Court that there be set apart for the use and benefit of NANCY BRADLEY, widow of EDWARD BRADLEY Decd. all such property as is exempted from execution and forced sale by the Constitution or Laws of this State, (to wit): 180 acres of Land the Headright of EDWARD BRADLEY, including Homestead & improvements, Kitchen Furniture, not to exceed in value two Hundred Dollars, all implements of Husbandry to not exceed in value fifty Dollars, all tools, apparatus and Books belonging to the trade or profession of said widow; five milch cows, one yoke of oxen, or one horse & twenty hogs.

 

At this day came WILEY DUGGER, A. T. ROBERTSON and J. A. MASSIE Commissioners appointed to make partition and distribution of the Estate of ELIZABETH CHENOWORTH, minor heir of HARDIN T. CHENOWORTH, between the said minor ELIZABETH CHENOWORTH and J. H. HARBERGER, ROBT. L. WADDILL & GALLATIN SEARCY Apps. of EVARTS & HENRICKS and made report of the division made by them to the Court in writing subscribed and sworn to by them.

The Court having examined said report carefully and it being in due form of Law, and it appearing to the satisfaction of the Court that said partition has been fairly made according to Law, and no valid exception having been made to said report,

Therefore, it is ordered by the court that said report be and the same is hereby approved and ordered to be recorded

 

Page 582

 

In the case of partition and distribution of the Estate of B. C. STROTHER Decd. between the heirs thereof.

At this day came GEORGE WHITE and JOHN FITZHUGH a majority of the Commissioners appointed by this Court at the last term to make partition and distribution of the Landed Estate of said B. C. STROTHER decd. between the heirs and distributes thereof and made report of the division made by them to the Court in writing, subscribed and sworn to by them. And the Court having examined said report carefully, and it being in due form of Law, and it further appearing after due inquiry, to the satisfaction of the Court, that said partition has been fairly made according to Law, and no valued exceptions having been made to said report,--

Therefore it is ordered by the Court that said report be approved and that the same be recorded.

 

In the Estate of ROBERT SKAGGS Dec’d.

This day came A. T. ROBERTSON Admr. of the Estate of ROBT. SKAGGS dec’d., and files an inventory made and attached to an appraisement of all property and effects of said Estate, which inventory contains a full list of all claims belonging to said estate (?). Said inventory and appraisement of property being sworn to and subscribed by said ROBERTSON and the appraisers, and same appearing in due form of Law,--

Therefore, it is ordered by the Court, that the same be approved and filed and recorded by the Clerk.

It is ordered by the Court that……, widow & the minor heirs of ROBT. SKAGGS be allowed the sum of One Hundred and Seventy Five Dollars for the support and maintenance of said widow and minors for the Term of one year which allowance may be paid either in money out of the first funds of the Estate that may come into the hand of the Administrator of said Estate, or in such personal effects of the deceased as such widow or guardian…

 

Page 583

 

…may choose to take at the appraisement or a part thereof in each as they may select.

 

In the case of the Estate of JONATHAN PHILLIPS dec’d. This day came GEO. WHITE, administrator of said Estate, files an inventory & appraisement Bill of the property of Decedent. Said inventory and appraisement having been sworn to and subscribed according to Law, and having been duly examined by the Court, they are hereby approved and ordered to be filed and recorded by the Clerk.

 

Ordered by the Court that J. H. HARBERGER, Admr. De Bonis Non of the Estate of JOHN McGARRAH dec’d be allowed the sum of Twenty Dollars, which allowance is made for Attorney’s fees due EVARTS & HENDRICKS Atty’s at Law, for professional services in the …RHODA ANN CLASS (?) vs. J. H. HABOR (?) admr. as aforesaid & GEO. McGARRAH.

 

In the case of J. H. HARBERGER, Admr. De Bonis Non of the Estate of JNO. McGARRAH dec. for final settlement of said Est.

This day came J. H. HARBERGER Admr. as aforesaid and presented his account to the Court verified by affidavit for final settlement of said Estate. And it appearing to the satisfaction of the Court that at least twenty days notice has been given by the Clerk of said Court by posting up notices as required by Law of said application, and the Court having examined said account and there being no exceptions thereto and the Court being satisfied of the correctness of the same,--

Therefore, it is ordered that said administrator be discharged from his Trust and he is hereby discharged, he having expending all moneys coming into his hands as such Administrator in the payment of said accounts final.

 

Page 584

 

The State of Texas

Collin County I, M. KEEN (?), Clerk of the County Court in and for Collin County, Texas together with C. J. MOORE deputy County Clerk of Collin County, Texas do hereby certify that the foregoing pages from 143 to 583 inclusive were transcribed by said C. J. MOORE a Sworn Deputy County Clerk in and for Collin County, Texas and I together with the said C. J. MOORE have carefully compared the same with the original record and do hereby certify the same to be truly and correctly transcribed.

M. W. Keen, Clerk.

County Court, Collin County, Texas

C. J. Moore, Deputy Co. Clk.

 

Page 585

 

State of Texas County Court, Collin County, Texas

Collin County in vacation Jany. 19th 1857

The county Court of Collin County met in vacation Monday 19th day of January 1857 for the transaction of Probate Business.

Present. Geo. H. Pegues, Chief J.

John L. Lovejoy, Clerk.

The following proceedings were had.

The State of Texas County Court in Vacation

County of Collin January 19th A. D. 1857.

To all to whom these present may come Greeting.

Know Ye that SIEVER (?) H. WILSON has this day been appointed Administrator Protem of the Estate of JAMES S. EARLY Deceased and the said SIEVER (?) H. WILSON having given bond and approved security for the faithful performance of his duties as such. There (?) are therefore to authorize the said SEVIER (SIMONE?) H. WILSON to enter into and take possession of all the estate of said deceased both real and personal and institute all suits necessary for the recovery of or protection of said property make a true and correct Inventory of all the effects. That shall come to his hands and make a full showing (?) of his acts and doings in the premises (?) at the February Term of this court at which time regular Letters will issue on said Setae.

Given under my hand and seal of the County Court of said County Court of ;said County (sic) this January 19th A. D. 1857.

Attest: Geo. H. Pegues

John L. Lovejoy clk. Chief Justice

C. C. C. C. Tex; Collin Co. Texas

I certify that the original of the foregoing Letters Protem was filed for Record on the

19th Jany. 1857. John L. Lovejoy, Clk.

Attest C. C. C. C. Tex.

Ordered that court ajourn (sic) until next regular Term.

Geor. H. Pegues

Chief Justice of

Collin
Co., Texas

 

State of Texas County Court, Collin County

County of Collin January Term 1857.

Be it known that the County Court of Collin County, Texas met on Monday 26th day of January 1857 for the purpose of transacting of Probate Business.

Present: George H. Pegues Chief Justice Co. Court C. C.

 

Page 586

 

M. R. Parrish, Deputy Sheriff

Buford Henry, Deputy Clerk

 

The following proceedings were had:

This day came WILLIAM B. KENDAL by petition praying for Letters of Guardianship upon the person and Estate of MARTIN P., RACHEL, MARTHA ANN and GEORGE KENDEL all under the age of 21 years residing in Collin County and State of Teas and without any lawful Guardian in this State, heirs of EPHRAIM B. KINDEL deceased in the State of Tennessee and it appearing to the court that the statements of said petition are true & that notice of the filing of the petition has been given by the Clerk of said County as required by law. Therefore it is ordered by the Court that WILLIAM B. KENDEL be and he is hereby appointed Guardian of the persons and Estates of said MARTIN P., RACHEL, MARTHA ANN and GEORGE KENDEL and said WILLIAM B. KENDEL having given bond and approved security as such Guardian in the sum of $7000.00 It is ordered that Letters of Guardianship be issued to said WILLIAM B. KENDEL. Issued.

 

 

At this day came MARGARET PHILLIPS by petition praying for Letters of Administration on the Estate of GEORGE PHILLIPS deceased intestate and it appearing to the satisfaction of the Court that the Clerk of said Court had given legal notice of the filing said Petition therefore it is ordered by the court that the said MARGARET PHILLIPS be and she is hereby appointed administratrix of the Estate of GEORGE PHILLPS Deceased the said MARGARET PHILLIPS giving bond in the sum [of] Eight Thousand Dollars said bond being approved by the Court Letters issued to the said MARGARET PHILIPS as administratrix, issued.

Ordered by the Court that SQUARE SEVEIS, GRAFTON WILLIAMS & SAMUEL JENKINS be and they are hereby appointed appraisers of the Estate of GEORGE PHILLIPS deceased.

 

This day came ELI BAKER by petition praying for letters of Guardianship upon the person and estate of MARGARET ANN, MARY ANN, EMILY (?) ANN and SABRINA (?) HARDERS (HARDIN?) minor heirs of the Estate (?) …

 

Page 587

 

…of JACKSON HARDIN deceased. It appearing to the Court that the Clerk of said Court have given notice of said Petition Therefore it is ordered that the said ELI BAKER be and he is hereby appointed the Guardian of the persons and Estates of the said MARGAET ANN, MARY ANN, EMILY ANN and LUCINA HARDIN and that Letters of Guardianship issued to the said BAKER he having given bond in the sum of Three hundred and fifty dollars with approved security. Issued.

 

This day came CHARLOTTE COLLINS by petition praying for Letters of Guardianship upon the persons and Estate of the Minors MILAM ALEXANDER RICHARD EMILY and NEWTON (?) COLLINS heirs of the estate of JOHN H. COLLINS deceased and it appearing to the satisfaction of the court that the Clerk of said Court had given due notice of said a Petition—Wherefore it is ordered that the said CHARLOTTE COLLIERS be and she is hereby appointed the Guardian of said minors she having given bond in the sum of Six hundred dollars and that Letters of Guardianship be issued. Issued.

 

In the matter of the application of LUCY W. ELATON Petition of the Real Estate of ABSOLUM G. COMER. In this matter it is ordered that the hearing of the application be continued until the next term of this Court and that an Allias (sic) Citation be issued to WM. C. McKINNEY admr. of said Estate.

 

Ordered by the court JOHN M. SALMONE administrator of the Estate of MARGE R. FOSTER Deceased set apart of said Estate the sum of Fifty dollars for the support of each of the following heirs of said Estate: MARY FOSTER, MALCUM FOSTER and JAMES FOSTER minor heirs of said FOSTER Deceased.

 

This day came WILLIAM PERRIN and ANN E. JACKSON Admr. and Administratrix of the Estate of THOMAS PHILLIPS deceased by petition representing that said Estate is entitled to a distribution (of) Shares of the Estate of JOHNATHAN and RECECCA PHILLIPS dec’d late of Collin County, Texas and that MARGARET J. PHILLIPS Relict of the said JONATHAN is entitled to one third of his personal Estate and to a life time interest in one third of his Real Estate ______the said MARGARET offers… in….therefore in her…right one ninth of the Estate Real and…

 

Page 588

 

…personal of the Estate of the said JONATHAN and REBECCA. It is therefore decreed and ordered by the court that the said administrator and administratrix be and they are hereby authorized to enter into said contract with said MARGARET in accordance with her said offer for the purpose of disencumbering the Estate of the said JONATHAN and REBECCA of the lifetime interest of the said MARGARET is ordered that the same may be wholly divided between the heirs thereof.

 

This day came MARGARET PHILLIPS Administratrix of the Estate of GEO. PHILLIPS dec’d late of said County and State by Petition whereby the said MARGARET represents that the said Estate is entitled to distributive Share of the Estate of JOHNATHAN and REBECCA PHILLIPS dec’d both late of said County and that MARGARET J. PHILLIPS widow of the said JONATHAN is by law entitle to one third of his present estate in her own right and a lifetime interest in one third of the lands of his the JONATHAN’S Estate. Now ____(unreadable) said MARGARET offers in lieu thereof to take in her own right one ninth of the Real and personal Estate of the said JONATHAN and ___________PHILLIPS his first wife and it appearing to the satisfaction of the Court that such a contract would be to the interest of the Estate of the said GEORGE Dec’d It is therefore ordered and decreed by the Court that the said MARGARET be and she is hereby authorized to enter into an agreement or contract with the said MARGARET JANE for the purpose of purchasing her interest in the estate of the said JONATHAN as herein before proposed.

 

This day came WILLIAM PHILLIPS Guardian of the person and Estate of JOHN PHILLIPS by petition whereby he represents to the Court that the said JOHN PHILLIPS is entitled to a distributive share of in his own right of the Estate of JONATHAN PHILLIPS dec’d late of said County and that MARGARET JANE PHILLIPS widow of the said JONATHAN PHILLIPS is entitled to a lifetime interest in one third of the lands of said Estate and to one third of the personal property of said Estate and that the said MARGARET JANE offers to take in her own Right one ninth, a child’s portion (there being eight children or their heirs) of the Estate Real and personal…

 

Page 589

 

…of the said JONATHAN PHILLLIPS dec’d and his first wife REBECCA now dec’d. It appearing to the satisfaction of the Court that such a contract would be to the interest of the said JOHN PHILLIPS in said Estate of JOHNATHN PHILLIPS dec’d. Therefore it is ordered and decreed that the said WILLIAM PHILLIPS guardian of the said JOHN be and he is hereby authorized to enter into an agreement with the said MARGARET JANE and give bond in accordance with article 1559 & 1567 of Hart Digest for the purpose of disencumbering said Estate of said lifetime interest and to effect the final and complete division of said estate.

 

This day came JACOB H. HARBERGER by Petition praying for letters of administratorship upon the property and Estate of THOMAS D. HILL deceased and it appearing to the satisfaction of the Court that the Clerk of said County had given ample notice according to law of the filing said Petition therefore ordered by the Court that the said JACOB H. HARBERGER be and he is hereby appointed administrator of the Estate and property of the said THOS. D. HILL and that Letters of Administratorship be issued to the said HARBERGER upon his giving bond and approved security in the sum of Seven hundred dollars. Issued.

 

Ordered by the Court that the final settlement of the Estate of SOLOMON HUFSTULLER be deferred to the June Term A. D. 1857 the second day thereof.

 

Ordered that the administrator A. T. ROBERTSON of the Estate of ROBT. SKAGGS Deceased sell the personal property belonging to said Estate on the 12th day of February 1857 on a credit of Twelve Months taking good and approved security for the same.

 

As directed by Article 1154 Hartley’s Digest. I, GEO. H. PEGUES Chief Justice of Collin Co. Texas do hereby set apart for the use and benefit of the widow and minor children of ROBERT SKAGGS dec’d all property exempt from execution or forced sale by the constitution or Laws of this State to wit: Two hundred acres of land, including of his homestead Household and Kitchen not to exceed Two hundred dollars in valuation. Implements of Husbandry not to exceed Fifty dollars all tools app________ and Books belonging to her trade or profession…

 

Page 590

 

…Five milk cows, one Yoke of Oxen or Horses & Twenty______.

 

Ordered that the court adjourn until the net Regular Term in Court.

 

Geo. H. Pegues

Chief Justice of

Collin Co., Texas

 


State of Texas County Court Collin Co.

County of Collin February Term 1857

Be it known that the County Court of Collin County met on Monday the 23rd day of February 1857 for the transaction of Probate business.

Present: Geo. H. Pegues, Chief Justice

John L. Lovejoy, Clerk

James H. Lovejoy, Sheriff

By Deputy

 

At which term the following proceedings were had:

 

In the case of the application

of LUCY W. ELSTON for distribution

of Property belonging to the Estate

of H. G. COMAR Dec’d

 

Ordered by the Court that M. R. PARISH, JOHN HENRY (?) and GEO. Y. McKINNEY be and they are hereby appointed commissioners whose duty it shall be to proceed to make Partition and distribution between LUCY W. ELSTON formerly LUCY W. COMAR and the Heirs of ABSOLUM G. COMAR Dec’d to wit: WILEY, THOMAS, WILLIAM, HENRY and SUSAN F. R. COMAR the said partition and distribution to equal that is to say one half of the tract of land to be given to LUCY W. ELSTON and the other half to the above described Heirs taking into consideration the quantity, value and quality of the Land, said Land described as follows: in Collin County being a part of the MARK R. ROBERTS Survey conveyed to said ROBERTS by Pattent (sic) No. 281 Vol. 3 commencing on the North West corner of a Survey of 344 acres taken out of the Survey of the said MARK R. ROBERTS for JOHN RUNNALDS (?) a chignipin oak on the west bank of Sister Grove Creek…Thence North 958 varas a corner of a piece of land deeded by said ROBERTS to NAPOLEAN ROBERTS…Thence East with ____ South line 1444 varas to a Stake in the East line of said ROBERTS Headright Survey. Thence South…

 

Page 591

 

…with said line 948 varas the North East Corner of said RUNNOLDS Survey. Thence West with said JOHN RUNNOLDS North line 1444 varas to the place of Beginning containing Two hundred and forty five acres of land. It is further ordered by the court that a writ of Partition be issued by the clerk commanding said Commissioners to proceed fourth with to make such partition and distribution in accordance with the above decree a copy of which shall accompany such with and that said commissioners make return of said writ with their proceedings under it to the next term of this Court.

 

At this day came WM. B. WEAR and presented his petition praying to be appointed Guardian of the person and property of NANCY B. PITMAN a minor Heir under the age of 14 years of MICHEL B. and NANCY PITMAN, Dec’d. and the court being satisfied that legal notice of the filing of said petition has bee given. Therefore it is ordered that WM. B. WEAR be appointed Guardian of the person and estate of the said Minor and that he give bond and Security in the sum of Eight Hundred Dollars and upon his giving bond that letters issue to him. Issued.

 

Ordered that WM. SCOTT, JOSEPH LACKY and ROBERT KING of Grayson County be appointed appraisers of the Estate of the minor NANCY B. PITMAN. Issued.

 

At this day came JOHN M. SOLMON (SALMONS) Administrator of the Estate of MASE R. FOSTER, Decd. And filed his inventory and appraisement of the Property of said deceased which has been duly examined by the Court and is hereby approved.

 

Ordered that WM. C. McKINNEY, administrator of the Estate of ABSOLUM G. COMAR, Dec’d. be cited to appear at the next term of this court and make report in accordance with Section No. 119 Hartley Digest, this order made upon the motion of JAMES S. ROBINSON (and) ABBY ALLEN ELSTON.

 

JOHN C. EASTON

Vs. Petition on bonds for Title

JOHN L. LOVEJOY JR. Admr. of

EDWARD BRADLEY Dec.

This day this cause came to be heard and it appearing to the court satisfaction…

 

Page 592

 

…the 29th day of June 1850 EDWARD BRADLEY made, executed and delivered to A. J. MAY no bond for three acres of land and on the 8th day of January 1851 said BRADLEY also executed to A. M. MOORE a certain other bond for three acres of land, adjoining the first named tract, a part of his said BRADLEY’S Headright and it appearing that said EASTON was the legal owner, assignee and holder of both of said bonds and witness (?) to a deed thereof.

It is therefore ordered, adjourned and decreed by the Court that JOHN L. LOVEJOY, JUNIOR the administrator of said EDWARD BRADLEY deceased do make unto said JOHN C. EASTON a deed in fee simple for said two tracts of Six acres of land set forth in said Bond and described in the field notes in this cause and that all the title which the said BRADLEY or his heirs have or hold in and to the said Six acres of land be forever divested out of said heirs and vested in the said JOHN C. EASTON, his heirs and assignees forever.

 

On motion of THOS. J. McDONALD it is ordered that GEOR. McGARRAH, administrator of the Estate of JOHN MASSING (?) Dec’d be cited to appear at the net term of this court to make report as required by section 119 Hartley’s Digest.

 

Ordered that HARRISON JAM (?) be cited to appear before the County Court at the next term thereof and make report as administrator of the Estate of SAMSON CLACK Dec’d. as required by Section No. 1191 Hartley Digest.

The above order made on motion of JOHN L. LOVEJOY, JR.

 

It is ordered by the Court the appraisers of the Estate of JAMES W. YEARY Dec’d have until the next term of this court to make a Report.

 

Ordered that Court adjourn until next Regular term.

Geo. H. Pegues

Chief Justice

of Collin Co.

Texas

 

Page 593

 

State of Texas In vacation

Collin County March 28th A. D. 1852.

It being made Known to Me Geo. H. Pegues Chief Justice of the County aforesaid that POLLY COOKSEY a minor is without any property or guardian and having no parents living and JOHN COOK a citizen of the County and State aforesaid being willing to undertake the support and education of said minor,

It is therefore ordered that said POLLY COOKSEY be bound unto the said JOHN COOK until she shall arrive at the age of Twenty one years or marry and that he gives bond and Security for the faithful performance of said trust as the Statute requires.

Geo. H. Pegues

Chief Justice of

Collin Co., Texas.

 

State of Texas County Court Collin county

County of Collin March Term 1857.

Be it known that the County Court of Collin County met on Monday the 30th day of March 1857 for the transaction of Probate business.

Present George H. Pegues Chief Justice

Buford Henry Depty. Clerk

J. Dud Doak Depty. Sheriff

At which term the following business was had:

 

At this day came FIELDON TWEEDLE and MOSES JONES and files their application for the Probate of the last will and testament of WILLIAM G. HAYWOOD deceased which will was proven up in accordance to the law in such cases made and provided by oath of THOMAS COALMAN (COALSON), HENRY COALMAN (COLMAN on 1860 census) the subscribing witness to the Execution of said will by the said WILLIAM G. HAYWOOD and it appearing to the satisfaction of the Court that due notice of the filing of said will had been given according to law, It is therefore ordered by the Court that FIELDON TWEEDLE and MOSES JONES be and they are hereby appointed Executors of the Estate of the said WILLIAM G. HAYWOOD and it is further ordered that Will be Recorded and that letters of executorship be issued to said FIELDEN TWEEDLE and MOSES JONES

 

Page 594

 

…after the said FIELDEN TWEEDLE and MOSES JONES given bond and approved security in the sum of Eight thousand dollars.

Whereas it appearing from the will of the said WILLIAM G. HAYWOOD that the Executors under said will have the Right to select appraisers of said Estate they therefore nominate WILLIAM P HONAKER, J. W. DANIEL & CORNELIUS BRICE (?). It is therefore ordered by the Court that the said WILLIAM HONAKER, J. W. DANIEL and CORNELIUS BRICE be and they are hereby appointed the appraisers of said Estate of WILLIAM G. HAYWOOD Deceased.

 

Ordered by the Court that the (sic) in the case of FIELDEN TWEEDLE and MOSES JONES to take out letters of administration on the Estate of SERVIS W. HAYWOOD be continued until the next term of this court.

 

Whereas application having been filed by HOLDEN WALTERS and ISSAC N. WALTERS two of the heirs of JEREMIAH (??) WALTERS deceased by petition for the partition of a certain tract of parcel of land described in said petition and whereas it appearing to the satisfaction of the Court that ELIZA WALTERS a Minor and once of the heirs of said Estate had been legally brought before the Court is therefore ordered that M. R. PARIS be appointed by the Court Guardian

Ad Litem to represent the interest of the said ELIZA WALTERS in the distribution of said Land.

It is further ordered and decreed by the court that said land be partitioned among said heirs and that M. R. PARRISH, ISAAC WALTER and M. D. L. BARNETT be appointed commissioners to divide said land in such manner that each heir shall have their proportional part of said land in quantity and quality sharing and to share alike and to report as early as possible.

 

Ordered by the Court that Seventy five dollars out of the Estate of GEORGE PHILLIPS deceased be and is herby set apart and allowed to MARGARET PHILLIPS wife of said decedent for her the said MARGARET’S support for the term of Twelve Months and Fifty dollars to the minor heirs of said decedent to wit: to SARAH (?) P. PHILLIPS fifty dollars, to COLUMBUS PHILLIPS

 

Page 595

 

,,,dollars to JULIAN PHILLPS for their support for the term of Twelve months.

 

Orders by the Court that THOS. KENDALL Guardian of the minor Heirs of THOMSON HELMS Deceased be and he is hereby allowed the sum of one hundred and fifty dollars to be taken out of the Estate of said decedent for the support of said minor children Eight in number for the time of about nineteen months up to the present date.

 

Ordered by the court that M. R. PARRISH, C. M. FOX and JAMES W. PARSON be and they are appointed appraisers of the Estate of THOMAS D. HILL deceased.

 

This day comes JOHN M. SALMONS Administrator of the Estate of MAIZE R. FOSTER deceased by his petition whereas it appearing to the satisfaction of the Court that is necessary to make sale of the personal property of the Estate of said decedent It is ordered therefore that the said JOHN M. SALMONS Administrator of said Estate proceed to sell all the personal property of said MAIZE R. FOSTER on the 20th day of April A. D. 1857 on a credit of Twelve months credit on all sums over Five dollars except so much of said Estate as may be necessary to be sold for cash in hand for the support of the minor Heirs of said Estate said Sale to be made at the residence of the said JOHN M. SALMONS.

 

At this day comes MARY ANN MURRY by ALEX BERRY her attorney and presents in accordance with her petition heretofore filed the Last Will and Testament of REESE P. MURRY deceased for probate and this court being satisfied that lawful notice of this application have been put up and published as required by law said will is admitted to probate on the written affidavit of WM. B. BEUGE (BENGE?) one of the subscribing witnesses thereto which with said will is filed and ordered to be recorded and it is further ordered by the court that Letters Testamentary issue from this court to the persons named in said will upon their appearing before the Chief Justice or Clerk in T____ terms or vacation and taking the oath of office within the time prescribed by law.

 

Page 596

 

At this day comes TALTON CUMMINS in his own name as one of the Executors of the Estate of THOMAS M. ROWLAND deceased and on the behalf of his co executor WM. B. WARE and made report of the claims which have been presented against said Estate within 12 months and further represented to the Court that there is ample personal property of said Estate to pay all claims or expenses which can possible be presented hereafter or accrue during the course of this administration and that by the terms of the Testators and said Executors are requested to set apart to the children of deceased as they come by (?) their respective shares of the lands of deceased other than the Homestead and said Executor praying the Court in this behalf that the said Court appoint commissioners to partition said land of the deceased all of which appearing to the satisfaction of the Court. Wherefore it is ordered by the Court that THOMAS STALCUP, JEREMIAH H. (?) WiILSON and GEORGE WHITE be and they hereby appointed to parathion said land of the decedent other than the Homestead as specified in the last will and Testament of said THOS M. ROWLAND deceased with strict regard to quality and quantity of said land and make report to this Court at its June Term next.

 

Whereas it appearing that there has not at any term of this Court been any order made setting apart the Homestead to the widow (sic) of THOS. M. ROWLAND and the children of said decedent according to said THOS. M. ROWLAND last willl and Testament. Wherefore it is ordered by the Court that THOS. STALCUP, JEREMIAH H. WILSON and GEORGE WHITE be and they are hereby appointed commissioners to Survey and set apart to DELILA E. ROWLAND and the children of said decedent including such improvements and boundaries as are set forth in said THOS. M. ROLWND’S last will and testament and make report to this Court at its June Term.

 

Ordered by the Court that a copy of two preceding orders and also of the last will and testament of THOS. M. ROWLAND deceased be presented to said Commissioners.

 

Page 597

 

Ordered that court adjourn until the next regular Term.

 

Geo. H. Pegues

Chief Justice

Collin Co. Texas

 

State of Texas County Court Collin County

County of Collin April Term 1857.

The Count Court of Collin Count met on Monday the 27th 1857 for the transaction of Probate business.

Present and acting Chief Justice

George H. Pegues

John L. Lovejoy, Clerk

M. R. Parish Depty Sheff.

 

The following proceedings were had.

 

On this day came MOSES JONES and FIELDEN TWEEDLE Executors of the last will and Testament of WM. G. HAYWOOD Decd. and files for the examination of the Court an appraise Bill of the Property belonging to said Estate which has been examined by the Court and approved.

 

Ordered by the Court that MOSES JONES and FIELDEN TWEEDLE Executors of the Estate of WM. G. HAYWOOD Decd. proceed to sell the property belonging to said Estate as directed in said will.

 

At this day came NANCY A. COLEMAN late Widow of SAMUEL P. COLEMAN Decd. by Petition praying for Letters of Administration upon the Estate of said Decd. It appearing to the satisfaction of the Court that legal notice has been given of the filing of said Petition or application letter of administration, Wherefore it is ordered by the Court that said NANCY A. COLEMAN be and she is hereby appointed Administratrix of said Estate and that she give bond and approved security in the sum of thirty five hundred dollars for the faithful performance of her duties as such and that upon giving Bond the it being approved that letters issue to said NANCY A. COLEMAN which have been issued.

 

Issued.

 

Ordered by the Court that MALICHI COX SHARON (?)…

 

Page 598

 

ROWLAND and JACK BORTON (?) be and they are hereby appointed appraisers of the Estate of SAMUL P. COLEMAN, Decd.

 

Ordered by the Court that Executors of the Estate of WM. G. HAYWOOD Decd. proceed to hire out two certain Negro Men belonging to said Estate at Public Auction 1st to the highest bidder on the 7th day of May 1857 giving first two days notice of the time and place of hiring the same said Slaves to be hired until the expiration of the present year.

 

Ordered by the court that the application of F. TWEEDLE & MOSES JONES for letters of Administration representing the Estate LEWIS W. HAYWOOD be continued until the next term of this court.

 


At this day came M. R. PARISH, JOHN HENRY and G. Y. McKINNEY commissioners appointed at the last term of this court to make Partition and Distribution of the Estate of A. G. COMAR Dec. between LUCY ELATON and the children of said Dec’d. and made report of their Report in writing which has been examined by the Court and approved and ordered to be recorded.

 

At this day came WM. C. McKINNEY Administrator of the Estate of A. G. COMAR Decd. and filed his final account as such and praying to be dismissed from his trust as such and the court having examined said account and finding the same just, true and correct their being in his hands no remaining estate, Therefore it is ordered by the court that the said WM. C. McKINNEY be dismissed from his Trust as such administrator.

 

Ordered by the court that the application of W. B WEAR for sale [of] certain land belonging to his ward NANCY B. PITTMAN, be received and citation ordered & cause be continued.

 

Ordered that court that it be adjourned until 8 o’clock A. M. tomorrow Morning…

 

Page 599

 

State of Texas County Court Collin County, Texas

Collin County April 28th 1857

The County Court of Collin County met March the 28th 1857 for the transaction of Probate business.

Present George H. Pegues C. J.

John L. Lovejoy Clerk

M. R. Parish Deputy

At this day came THOS. M. SCOTT Administrator of the Estate of WM. M. SHIRLEY Decd. and made his yearly exhibit in accordance with article No. 1191 Hartley’s Digest which exhibit has been examined and approved by the Court.

 

WM. H. DICKSON Admr. of

ROBT. BENEFILED Decd.

vs.

J. H. HARBERGER Admr.

of THOS. D. HILL Decd. This day this cause came on to be heard and it appearing to the Court that the note filed in this cause was given to secure the payment of the purchase money of the tract of land mentioned in the deed or Mortgage therewith also filed and the said note having been allowed by said HARBERGER as the Administrator of said HILL and approved by the Chief Justice of Collin County and that on said land there exists a line for the payment thereof.

It is therefore ordered adjudged and decreed by the Court that all the interest which said HILL had in and to the tract of land __fourth and described in the Mortgage be sold for the payment of said HILL liability on said note for Cash after the same has been advertised as the law directs and that at said sale all the rights to said land which is described as follow: the North West South East & South west quarters of Section No. (10) ten township (3) three North 1st Base line in Range (1) one East 1st Meridian in Collin County be directed out of said HILL and his heirs and vest in the purchasers or purchasers thereof and that the Estate of said HILL pay all cost &c and that this order be directed to the Sheriff of Collin County as his authority sell said land.

 

Page 600

WM. M SHIRLEY Estate

Ordered by the court that the administrator of the Estate of WM. M. SHIRLEY pay all the preferance (?) claims against said Estate that have been properly authenticated.

 

Ordered by the Court that J. B. WILMETH Guardian of the Person and estate of JAMES WILLIAM YOUNG, minor heir of FAUSTER F. YOUNG, Dec. be and he is hereby authorized to bind out said minor Heir until he becomes to the age of (21) twenty one years it appearing to the court that said minor has not Estate sufficient for his support and education and the said Guardian is hereby ordered to bind the person to whom said minor id bound to educate and support said minor. The said Guardian to take Bond and good security in the same sum of One Thousand Dollars for the faithful performance of the conditions of said Bond.

 

Estate of GEO. PHILLIPS

In accordance with article No. 1154 Hartley Digest it is ordered by the Court that so much as two hundred acres of land including the homestead and improvements not exceeding in value two thousand dollars all Househole (sic) and Kitchen furniture not to exceed in value two hundred dollars all implements of Husbandry not to exceed fifty dollars in value all Broken (?), tools, apertures belonging to the trade of said citizen, five Milch cows, one yoke of oxen or one horse and twenty hogs be set apart for the use and benefit of the widow and children of GEORGE PHILLIPS Dec’d.

 

Ordered by the court that MARGARET PHILLIPS Administratrix of the Estate of GEORGE PHILLIPS Deced. proceed to sell at Public out-cry on Tuesday the 12th day of May 1857 after giving ten days notice of the time and place, the place of sale shall be the residence of the late Dec. All the perishable property belonging to said Estate on a credit of twelve months except property exempt from forced execution & sale.

 

Page 601

 

Guardianship H. BLACKWELL.

At this day came J. B. WILMETH, Guardian of the Person and Estate of SARAH E. and NANCY ANN BLACKWELL, minors of H. BLACKWELL Decd. and made his yearly exhibit which has been examined by the court and approved which exhibit shows a ballance (sic) in the hands of said Guardian of $390.46 ¾, Three hundred and ninety dollars & 46/100 cents.

 

Ordered by the Court that J. W. DOSS, THOS. RAGSDALE & K. C. HENSLEY be appointed appraisers whose duty it shall be to appraise all the property belonging to the Estate of REASE P. MURRY Decd. lying in the County of Fannin.

 

Ordered by the Court that WM COFFEE, F. RICHARDS and J. D. FRAZOR be appointed appraisers of the Estate of R. P. MUNCY Decd. lying in Grayson County, Texas.

 

Ordered by the court that GEORGE HENEDON E. WHITLY and ALFRED CHANDLER be appointed appraisers of the Estate of R. P. MURRY Decd. in Collin County.

 

Ordered that Court ajourn (sic) until next regular term.

Geo. H. Pegues

Chief Justice C. C.

 

 





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