Probate Minutes - 1857-1868 - Volume C-2


Collin County Probate Minutes Book C-2

 

Page 2 (no page 1)

 

State of Texas County Court Collin County

County of Collin for Probate May Term 1857

 

Be it Known that the County Court of Collin County for Probate business meet on Monday the 25th day of May 1857.

Present and acting George H. Pegues Chief Justice

John S. Lovejoy, off. (?) Clerk P. (?) C.

James H. Lovejoy, Sheriff

 

The following findings (proceedings?) were had:

 

At this day came FIELDEN TWEEDLE and MOSES JONES, Executors of the Estate of WM. G. HAYWOOD, Deced. and filed with the Court a sale Bill of Property belonging to said Estate Sold under Will of said Decendant. ___Bill of H___ of certain Negro Property therein named having been lawfully examined by the court is hereby approved.

 

The court having inquired into the manner in which sale of a certain Negro woman and children belong to the estate of WM. G. HAYWOOD, Decd. was made an account of which has this day been filed, by the Executors of said Estate, and being satisfied that said sale was fairly made, and in conformity with Law, Therefore it is confirmed, and the account thereof Recorded by said Estate make to purchaser of said slaves a conveyance vesting in the said purchaser all the Rights and title that the testator had, in or to said property.

 

At the day came W. YEARY, Executor of the Estate of ELIZABETH YEARY, Decd. and filed __ Bill of certain property therein named, also Bill of R___t which have been carefully examined by the Court and is hereby approved.

 

Ordered by the Court that the executors of the last Will and testament of WM. G. HAYWOOD Decd. carry into execution (?) that part of said Will relating to the execution (?) of Bois de Arc Poling around his greens (?) and that of his Brother LEWIS W. HAYWOOD.

 

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At this day came before the court PHILLIP C. CRUME, Minor, Heir of PHILLIP W. and CHRISTIAN CRUME, Decd. late of county, State of Kentucky which said Heir has attained to the age of 14 years and makes change of JAMES C. FOREMAN as the future (?) Guardian of his person and Estate and the Court being satisfied that said FORMAN is suitable and competent. Therefore said FOREMAN is accordingly appointed and it is further Ordered that said Forman give bond in the Sum of Ninety Thousand Dollars. And upon giving said Bond letters shall issue to Him as such Guardian.

Issued

 

At this day came JOHN M. HUFFMAN by Petition praying the Court to appoint Him Guardian of the Persona and Estate of JAMES (JONAS?) HUFFMAN, Minor Heir of JOSEPH HUFFMAN, Decd., late of Spencer (?) County, Kentucky and the Court being satisfied that legal notice has been giving (given) of said application and that the said HUFFMAN is a Suitable person, Therefore it is ordered by the Court that He be appointed Such Guardian and that he gives bond in the Sum [of] Eight Thousand Dollars for the faithful performance of his duties as Such and upon his giving bond that letters issue to Him.

Issued

 

Ordered that Court be adjourned until tomorrow morning 9 Oct A. M.

 

The County Court of Collin County for Probate met on Tuesday the 26 1857.

Present George H Pegues, C. J.

John S. Lovejoy, Clerk

Jas. H. Lovejoy, Sheriff

 

At this day came MARION FRENCH and PEACHY ELLEN FRENCH Minor Heirs of SAMUEL and JANE FRENCH Decd., late of Collin County, Texas, which Heirs having attained the age of 14 years and having the legal right to choose the future Guardian of their persons and Estates in open Court made choice of JAMES KEELNG as their Guardian of their Persons and Estate of the said MARION and PEACHY ELLEN and the Court being fully satisfied in his Judgement that the said KEELING is a suitable and competent person. Therefore said JAMES KEELING is Hereby appointed such Guardian and is Required to give Bond in the sum of two thousand dollars.

Issued

 

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Ordered by the Court that HARRISON JAMESON Administrator of the Estate of LANDSON (LANCEN?) CLARK Decd. and N. G. STOTHER (STROTHER?), Administrator of the Estate of B. C. STOTHER (?) to appear before the Court at the next regular tem and Show the Condition of said Estates.

Issued

 

Ordered that Court adjourn until next regular

George H. Pegues

Chief Justice C. C.

 

State of Texas County Court Collin County Jan. Term 1857

County of Collin Be it Known that the county court of Collin County met on Monday the 29th day of Jan. 1857.

Present and presiding Geo. H. Pegues, Chief Justice

John S. Lovejoy, ex offico Clerk

James H. Lovejoy, Sheriff

By James H. Jenkins, Deputy

 

Ordered by the court that GEORGE WHITE, J. H. WILSON and THOS. STALCUP, Commissioners appointed at the former term of this court to make Partition and Distribution of the Estate of THOS. M. ROWLAND, Decd. have until the next term of the Court to make their Report of their Proceeding in the provisions (?).

 

Estate of ISAAC TALKINGTON

 

At this day came MAXWELL C. TALKINGTON, LEONIDAS M. TALKINGTON and JAMES T. COLEMAN praying in Joint petition for Letters of Administration upon the Estate of ISAAC TALKINGTON, it appearing to the satisfaction of the Court that Notice of the filing of said Petition has been legally given and no cause appearing why said persons should not be appointed. Therefore it is ordered by the Court that said MAXWELL C. TALKINGTON, LEONIDAS M. TALKINGTON and JAMES T. COLEMAN be and they are hereby appoint joint administrators of said Estate and that they Bond in the sum of Forty Thousand Dollars and that letters issue to them as such.

Issued

 

Ordered by the Court that WM. B. WEAR, H. JAMESON and ROBERT B. MAYS be and they are hereby appointed appraisers of the Estate of ISAAC TALKINGTON, Decd.

Issued

 

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Estate of GEO. PHILLIPS

 

At this day came MARGARET PHILLIPS, Administratrix of the Estate of GEORGE PHILLIPS, Decd., and filed with the court a Sale Bill of Property Sold under a former order of this Court which Sale Bill has been carefully examined by the Court and is hereby approved.

 

At this day came WILLIAM FOSTER by Petition Praying for Letters of Guardianship upon the persons and Estates of MALCOM (?) FOSTER and JAMES FOSTER, Minor Heirs of MAISE (MAYZE?) R. FOSTER, Decd., and this court being satisfied that legal notice of the filing of said Petition has been given and there being no good Reason given why Said WILLIAM FOSTER should not be appointed such Guardian. Also came MARY FOSTER, minor Heir of the said M. R. FOSTER, being over the age of 14 years makes choice of the said WM. FOSTER, as Guardian of His person & estate and the court being satisfied that said WILLIAM FOSTER is a competent person. Therefore it is Ordered by the Court that said WILLIAM FOSTER __ and He is Hereby appointed Guardian of the Person and estate of the said Heirs and that He gives Bond and Security in the sum of three Hundred dollars and that Letters issue to Him.

Issued

 

Estate of MAYZE R. FOSTER

 

Ordered by the Court that JOHN M. SALOMONS, administrator of MAYZE R. FOSTER, decd., proceed to sell at Public outcry on Tuesday the 4th day of August 1857 at the Court House Door in the town of McKinney on a Credit of twelve months giving first legal notice of the time and place of sale the following property, to wit, a portion of land containing about (70) Seventy acres in Collin County, Texas, being a part of the Headright Survey of the said FOSTER lying East of Rowlett's Creek and in the south east corner of said Foster's 640 acre Survey, and that said Administrator make due Report thereof to this court.

 

Estate of S. P. COLEMAN

 

At this day came NANCY COLEMAN, Administratrix of the Estate of SAML. P. COLEMAN, Decd. and filed in the Court her Inventory a appraisement of property being to said Estate which has been examined by the Court and is thereby approved, satisfied and confirmed.

 

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Ordered by the court that the children (Minors) of SAMUEL P. COLEMAN, Decd. be allowed for the maintenance for the time of One year the sum of two Hundred and fifty Dollars which is fifty Dollars each this being (5) five Heirs, which amount shall be paid to them their Guardians as Representatives out of the first funds that come out (?) the Hands of the Administratrix or out of any Property of said estate as their Guardian may choose to do.

 

Estate of NANCY B. PITTMAN

 

At this day came WM. B. WEAR, Guardian of the Person and Estate of NANCY B. PITTMAN, an a_______ Bill of all property belonging to said PITTMAN which has been examined and is Hereby approved.

 

Ordered that Court adjourn until tomorrow morning 8 October A. M.

 

State of Texas The County Court of Collin Co. met on Tuesday the 30th day of

County of Collin June 1859 pursuant to adjournment.

Present as on yesterday officers.

 

The following proceedings were had:

At the Term of the Court came WILLIAM PERRIN Administrator of the Estate of JACKSON HARDIN, Decd. and Files his accounts for Final Settlement of said Estate and it appearing to the satisfaction of the Court upon p____ that notice of the application of said WM. PERRIN for Settlement has been given in the manner Required by law and the Order of the Chief Justice and the Court having examined said account with all exceptions th____ and having the evidence in support and against said account finding the same just. Therefore the same is hereby approved and there being upon settlement the sum of One hundred & fifty one & 54/100 Dollars in the Hands of Said Admr. belonging to said Estate. It is Ordered by the Court that said Administrator pay over amts. The Hands of the Guardian of the Heirs of said Estate said amount of money and that upon such payments He shall (?) be and is hereby declared to be discharged from his trust in the promises (?).

 

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At this day comes BARBARY CULWELL, Administratrix of the Estate of SOLOMAN HUFFSTETLER, decd. for final settlement of said Estate continued by former order of this court to this day and an inspection of the final account of said Admx. It appears that there is on hand subject to the unpaid cost of this Court and Distribution the sum of $338 dollars & 75 cents; it further appears that the costs of this Court Amount to the sum of fourteen dollars & forty four cents which deducted leaves the sum of $324 dollars and 31 cents subject to the Distribution; it further appears from the report of said Admx. That the following persons, MARTHA HUFFSTETLER, Widow of the deceased and MARTHA HUFFSTETLER, eldest child of the Deced., MARY HUFFSTETLER, BARBARY CULWELL, EDWARD HUFFSTETLER JAMES HUFFSTETLER, ELIZA ANN HUFFSTETLER, ARON HOFFSTETLER, SUSAN HUFFSTETLER, and WILLIAM HUFFSTETLER being the Widow and children of said decedent are his Heirs at Law, it is ordered and adjudged by the court that one thirds of said distribution sum of $108. Dollars & 10 cents be set apart for said Widows of said decd., and the balance being the sum of $216 Dollars & 21 cents be set apart to be divided equally between the children of said deceased and it further appearing to the Court on the report of the said Admx. That she has paid off a judgment fully certified to this Court against MARTHA HUFFSTETLER the widow of said decd. amounting to the sum of $29 dollars and 91 cents it is ordered that said Admx. be allowed said payment and that the same be deducted from the distribution share of said MARTHA the Widow of said deceased and it further appearing to the Court that there is none of said Heirs or Distributees present or represented in Court, it is ordered that said BARBARY CULWELL Admx. Proceed to pay over to the Treasurer of the State as required by Law the said Distribution shares removing unpaid in her hands amounting to the sum of $294.41/100 Dollars.

 

It appearing to the Court that there is yet remaining in the hands of BARBARY CULWELL the Admx. of the Estate of SOLOMON HUFFSTETLER decd. one feather Bed. It is Ordered by the Court that she proceed to sell the same after having given at least ten days notice of the time and place of sale at public outcry at her Residence on a credit of twelve months or Tuesday the 4th day of August A. D. 1857.

 

Ordered that Court adjourn until next Regular time.

Geo. H. Pegues

Chief Justice

Collin Co., Texas

 

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In vacation July 7th 1857.

 

Now comes J. H. HARGERGER, admr. of the Estate of JAMES W. YEARY decd. and makes application for commissioners to be appointed to appraise the Estate of said decedent J. W. Yeary. The former (?) coms.[commissioners] appointed by this Court having failed to make a report as commanded. It is therefore ordered by the court that CORNELIUS BOWIE, JOHN McCLOVIS (?), and WILLIAM P. CHAPMAN be and they are hereby appointed commissioners to appraise the property and Estate of the said JAMES W. YEARY deceased, and that the said administrator appoint out to said Court the property of said decedent, and that they make report to this Court to be holden (sic) on the last Monday in July 1857.

Issued

 

Adjourned Geo. H. Pegues, Chief

Justice Collin Co.

 

State of Texas

County of Collin County Court Collin County July Term 1857.

Be it Known that the county court of Collin County, Texas met on Monday July 27th 1857 for the transaction of Probate business.

Present: Geo. H. Pegues Chief Justice

Jno. S. Lovejoy, Eff. (?) Clerk

James H. Lovejoy, Sheriff

 

Ordered by the court that SILAS YARWELL (YARNALL?), Administrator of the Estate of BENJAMIN RENOLDSON (?) Decd. pay over to the Widow of said Decd. the Sum of twenty Dollars for the purpose of settling school tuition &c.

 

At this day came HENBY (HENRY?) T. HART Minor Heir of SARAH HART decd, formerly SARAH SAMSON, which said minor has attained the age of 14 years and having the legal right to choose the future Guardian of His Estate, this day in open court makes choice of CALEB HART, his father (?) and the Court being fully satisfied in his Judgment that the said CALEB HART is a suitable and competent person. There the said CALEB HART is Hereby appointed the Guardian of the Estate of said minor and that HART give Bond and security in the sum of Six Hundred ______ Dollars and that letters issue to Him as such Guardian.

Issued

 

 

Estate of ISAAC TALKINGTON Decd.

 

At this day M. C. TALKINGTON, S. M. TALKINGTON and JAMES T. COLEMAN, Administrator of the Estate of ISAAC TALKINGTON Decd. and files and Inventory and appraise Bill of the property belonging to said Estate…

 

Page 9

 

which had been examined and approved by the Court.

 

At this day came C. B. TALKINGTON, minor Heir of ISAAC TALKINGTON Decd., which said minor heir attained the age of 14 years and having the right to choose the future Guardian of His person and Estate at this day made choice of M. C. TALKINGTON as the future Guardian of His person & Estate and the court being fully satisfied that said M. C. TALKINGTON is a suitable and competent person. Therefore the said M. C. TALKINGTON is Hereby appointed the Guardian of said C. B. TALKINGTON'S Person and estate and that He give Bond in the Sum of $8000.00.

 

At this ELIZABETH J. TALKINGTON, minor Heir of ISAAC TALKINGTON Decd. which said minor has attained the age of 14 years and having the right to choose the future Guardian of her person and Estate at this day made S. M. TALKINGTON as the future Guardian of Her person and Estate and the court being fully satisfied that said S. M. TALKINGTON is a suitable and competent person. Therefore it is Ordered by the Court that said S. M. TALKINGTON be appointed Guardian of the person and Estate of said ELIZABETH J. TALKINGTON and that he give Bond in the sum of $8000.00.

Issued.

 

Ordered by the court that JAMES KEELING and ELI BAKER, Administrators of the Estate of SAMUEL and JANE FRENCH, decd. proceed to rent or lease out for the remaining Season a certain Farm, belonging to said Estate on the 20th day of August 1857 giving at least ten days notice of the time and place of renting at the late Residence of Decd.

 

Ordered that all property exempt from Examination (?) and sale be set apart to NANCY COLEMAN and Her children (widow and children) of SAML. P. COLEMAN, Decd. as presented by Article No. 11 Hartby's (?) Digest.

 

Ordered by the Court at ALIX BERRY be appointed Guardian Ad Litem to Represent the Minors C. B. TALKINGTON and E. J. TALKINGTON in Partition and Distribution of the Estate of ISAAC TALKINGTON Decd. it appearing that their Guardians are entitled to Portions of said Estates.

 

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Ordered by the court that M. C. TALKINGTON, Guardian of C. B. TALKINGTON and S. M. TALKINGTON, Guardian of ELIZABETH J. TALKINGTON, minor heirs of ISAAC TALKINGTON Decd. executed a Bond required to obtain a partition and Distribution of the Estate of said Decd. and Article No. 1559 Harthy's Digest.

 

Ordered that court be adjourned until tomorrow Morning 8 O'clk.

 

State of Texas County Court Collin County

County of Collin July Term 1857

The County Court of Collin County met on Tuesday the 28thy of July 1857 in pursuance (?) to adjournment.

Present: Geo. H. Pegues, Chf. J.

Jno. S. Lovejoy, Clk.

Jas. H. Lovejoy, Sheriff

 

 

Estate of ISAAC TALKINGTON, Dec,

 

Ordered by the Court that M. C. TALKINGTON, S. M TALKINGTON and JAMES T. COLEMAN, Administrators of the Estate of ISAAC TALKINGTON, Decd. proceed to sell at Public Outcry at the late residence of the Decd. on (blank) the (blank) day of (blank) 1857 on a credit of six month the (?) after giving (blank) days Notice of the time and place of sale all the perishable property belong to said Estate.

 

 

In the case of the H______

Of he Heirs of ISAAC TALKINGTON, Decd

For partition and Distribution

Of the Land, Negroes and

Moneys of the Estate of said decd.

It is ordered by the Court that GEOR. WHITE, WM. B. WEARSEUR, and ROBET B. MAYS be and they are hereby appointed commissioners to make a fair, Just and impartial Partition and distribution of the following described Property adjudged to the Property of the Heirs of ISAAC TALKINGTON, deceased, into five equal parts talking into consideration the quality and quantity and improvements on the lands and it appearing to the Court that ALMIRA E. COLEMAN, M. C. TALKINGTON, L. M. TALKINGTON, C. J. TALKINGTON AND C. B. TALKINGTON are the person by Law entitled to distributed shares of said Estate. Therefore it is ordered that said…

 

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…commissioners partition said Property said Estate to the said Heirs taking into consideration the following advancement that has been made to the following named heirs to wit: It appears that ALMIRA E. COLEMAN has received the Sum of Twelve Hundred ___ (blank) Dollars and that M. C. TALKINGTON has receive the sum of Twelve Hundred ___(blank) Dollars and that L. M. TALKINGTON has received the sum of Twelve Hundred Dollars. Each of the above

advancement was Cash.

._______________________________________________________________________

It appears to this Court that the above named Heirs are all the persons entitled to Distributive shares of said Estate and that they are all residents of the County of Collin, State of Texas and that C. B. TALKINGTON and E.J. TALKINGTON are minors and that ALEXANDER is their guardian Ad Litem.

 

The description of the Land to be divided is as follows to wit: Situated in Collin County on the Ridge between the East and Elm forks of Trinity River about nine miles N. 80° W from McKinney being Section No. 11 Township No. 5 Range 1 Eas[t] of the first Base Line and first Meridian and conveyed by Patent by the State of Texas to HARRISON JAMISON. Said Patent dated 11th April 1854 and conveyed to ISSAC TALKINGTON by said HARRISON JAMISON & Wife by Deed dated 10th day of Novr. 1856. Also Another Tract in said County containing one hundred acres being a part of the Colony Headright of THOMAS J. JAMISON on Turkey Creek a tributary of Little Elm being a part of the North half of Section No. 15 Township No. 5, North first Base Line Range 1 East of the first Meridian and conveyed to the said T. J. JAMISON by the State of Texas by Patent dated 11th April 1854. Beginning on the east line of said half section 100 Rods North of southeast corner thereof Thence North 60 Rods to the N. E. corner of said half section Thence West 180 Rods with the North line of said half section Thence south 160 Rods to the South line of said half section Thence East with the south line of said half section 52 rods to A. A. TALKINGTON's S. W. Corner being a part of said half section herefore sold Thence North with said Talkington West line 100 Rods to his North West corner Thence east 128 Rods to the place of beginning.

 

Description of the Negroes is as follows to wit: One Negro Man (Peter) aged about thirty three years, One Man (Jim W. Genn?) age 23 years, One Man (Long Jim) age 21 years, One Woman (Bit) and two children and Girl aged 15 years named Hester, One Woman (Mary) age 50 years¾It is further ordered by the Court that a Writ of Partition be issued commanding the said Commissioners to proceed forthwith and make Partition and distribution of said Estate in accordance with the above decree of the the (?) Court and that the Clerk furnish each of the Heirs (?)…

 

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…with a copy of said Decree.

 

Ordered by the court that GEORGE WHITE, R. B. MAYS and WM. B. WEAR S___d be appointed appraisers of the Estates of the minors C. B. TALKINGTON and ELIZABETH J. TALKINGTON, Heirs of ISAAC TALKINGTON, Decd.

 

Ordered that court be Adjourned until tomorrow Morning 8 O'Clk.

 

The County Court of Collin County met on Wednesday, the 29th day of July 1857 in the pursuance to adjournment.

Present Geo. H. Pegues, Chief Justice

John L. Lovejoy, Clerk

Jas. H. Lovejoy, Sheriff

 

State of Texas

Collin County This is to certify that JOHN L. LOVEJOY, County Clerk, Collin County, Texas did on Monday the 27th day of July 1857 mail to the address of the Treasurer of the State of Texas at the city of Austin a copy of an Order of the County Court, ordering BARBARY CULWELL, Administratrix of the Estate of SOLOMON HUFFSTATLER Decd. to pay over to said Treasurer an Amt. of Money, said order made at the June Term 1857 of the County Court, Collin County, Texas.

Witness my hand this July 27th A. D. 1857

D. Stiff, P. M.

McKinney, Texas

 

The Original of the foregoing Record was filed for Record on the 28th day of July 1857 and was Recorded on the 29th July 1857.

 

Attest: John S. Lovejoy, Clk C. C.

C. C. C. Texas

 

Ordered by the court that the final settlement with W. G. STROTHER about (?) of the Estate of B. C. STROTHER decd. be postponed until the next Regular time of this Court.

 

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This day JACOB BACCUS, Administrator of the estate of JOHN BANKMAN (?), Decd. filed his Report showing the condition of said Estate and praying for an Order to _____ the sum of 70 cents on the Dollar on all claims mentioned in said Report and upon inspection the court is satisfied that said order should be made. It is therefore ordered by the court that JACOB BACUUS the Admr. of said Estate proceed ____to the condition of said Estate as ____in said Report the sum of 70 cents on the claims that shou[d] (?) be ___y authorized (?) and presented (?) as the law _____ts and make report of His acts as the law requires.

 

This day comes GEO. WHITE, administrator of the Estate of JONATHAN PHILIPS Decd. by Petition and made known to the Court that the wheat Recd. as rent for a Portion of the farm of said Estate had become liable to be injured by the rains which have been prevalent and asks for an order of Sale of said wheat by private contract. He also asks that as much of the proceeds of said sale as may be necessary to secure the crop growing on said farm be applied to the repair of the fencing around the same. Therefore it is ordered that the said Administrator proceed forthwith to make sale of said wheat. It is also ordered that as much of the proceeds of said sale be applied to the repair of said Farm as may be necessary to secure the growing Crop on the same.

 

Ordered that Court be adjourned until the next Term in course (?).

Geo. H. Pegues, Chief Justice C. C.

 

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State of Texas County Court Collin County

County of Collin August 28th 1857 In Vacation.

The county court of Collin County met on the 28th day of August 2857 in Vacation for the transaction of Probate business

Present: Geo. H. Pegues, Chief J.

John J. Lovejoy, Clk.

 

The following proceedings were had:

 

Whereas it appears to the Chief Justice of said County that (blank) a minor who has no parents living and which minor has no estate and is living in Collin County, and under the Jurisdiction of this Court. Therefore it is Ordered by the Court that said minor (blank) be and is hereby bound to JORDON O. STRAUGHAN who is deemed by this court a suitable person who will take the support and education of such minor under his care until said minor shall arrive at the age of 21 years and that said STRAUGHAN enter such (?) bond for the faithful performance of his duty in the promises in the sum of five Hundred dollars.

Ordered that court adjourn.

Geo. H. Pegues, Chief Justice

Collin County

 

State of Texas County Court Collin County, Texas

County of Collin August Term 1857

The county court of said county met on Monday the 31st day of August 1857 for the transaction of Probate business.

Present: Geo. H. Pegues, Chf. Justice

John L. Lovejoy, C. Clk.

James H. Lovejoy, Sheriff

 

At this day the following proceeding were had:

 

JOHN W. L. BUTTER (BATTER?) having filed his Petition praying the Court to appoint him Guardian of the Person and property of VIRGINIA L. SAUNDERS, Infant Heir of WM. S. SAUNDERS and GRACY SAUNDERS, Decd. a minor under the age of 14 years the Court being satisfied that it is necessary that a Guardian be appointed and that legal notice of the filing of said Petition has been given and that said BUTTER is a suitable Person. Therefore it is ordered that said BUTTER be and he is hereby appointed the Guardian of said minor person (to faint to read)….

 

Page 15

 

…and that he enter unto bond in the sum of six hundred Dollars and that Letters issue to him as such. Issued.

 

CALEB HART having filed his petition praying the Court to appoint him Guardian of the person and property of the minor ALEXANDER MAYS, Infant heir of MARY A. E. MAYS, Decd. under the age of 14 years. It appearing to the satisfaction of the court that legal notice of the application of said HART has been given and that he is a suitable person to receive said appointment. Therefore it is ordered by the court that said HART is hereby appointed Guardian of the Person and Estate of said Minor and that he enter into bond and security in the sum of six hundred Dollars and that therefore Letters issue to him as such. Issued.

 

It having come to the Knowledge of the Court by Petition of LOWERY ADAMS that PATRICK H. BELCHER and ALEXANDER S. BELCHER, minors over the age of 14 years, Heirs of JOHN BELCHER, Decd. reside in the County of Collin under the jurisdiction of this Court and have no Guardians of their persons or Estates and the Court having caused the said Heirs to be notified to appear at this time of the Court and choose a Guardian of their persons and property and It appearing by the return of the Sheriff that said notice was legally served upon them and ALEXANDER S. BELCHER having appeared and made choice of said LOWERY ADAMS as his guardian of Person and Estate and the said PATRICK H. BELCHER failing to appear as notified and the Court being satisfied that the said LOWERY ADAMS is a competent and suitable person to receive said appointment. Therefore it is ordered by the court that said LOWERY ADAMS be appointed the Guardian of the Persons and Estates of said PATRICK H. BELCHER and ALEXANDER S. BELCHER and that he enter into a Bond in the Sum of two Thousand & two Hundred Dollars and the good security and that upon giving said Bond that Letters issue to him as such. Issued.

 

Ordered by the court that W. G. STROTHER, Admr. of the Estate of B. C. STROTHER, Decd. be allowed the sum of Eighty Dollars compensation for services as Admr. of said Estate.

 

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Estate of MAIZE R. FOSTER, Decd.

 

At this day JOHN M. SALMONS, Administrator of the Estate of MAIZE R. FOSTER, Decd. filed with the court an account of sale of certain Land belonging to said Estate sold under a former order of this Court and it appearing to the court after due _____ into the manner in which such sale was made that said sale was fairly made and in conformity with the law, and that it is in due form of Law. Therefore it is ordered and Deemed by the Court that said sale be confirmed and that said account be recorded by the Clerk of the court and that a conveyance be made to the purchasers of said land by the Administrator of said Estate.

 

Estate of SAML. P. COLEMAN, Decd.

 

In accordance with Article No. 1154, Hartley's Digest, it is hereby ordered and Decreed by the Court that there be and is hereby set apart for the use and benefit of the Widow and children of SAMUEL P. COLEMAN, Decd. all property belonging to said Estate that is exempted from Execution or forced Sale by the Constitution and laws of the State of Texas.

 

Ordered by the court that the Administrator of the Estate of SAMUEL P. COLEMAN, Decd. proceed to Sale at public outcry on Wednesday, the 1st (?) day of October 1857 at the late residence of the Decd. all the Personal property belonging to said Estate, giving first ten days notice of the time and place of sale on a credit of twelve months.

 

At this Term of the court comes W. G. STROTHER, Administrator of the Estate of B. C. STROTHER, Decd., for Settlement of his Final account filed with the court at a former term thereof and the court having caused legal notice to be given by its order duly entered by parties noticed (?) of the application of said Admr. by the Clerk of said Court at the Court House door and two other Public places in the County of Collin which said Notice stated the Presentation of said account (to faint to read)…

 

Page 17

 

Term of the court when it was to be acted upon and required all persons to appear and contest said account and the same having been contacted (?) from the last time of this court to the present by Order duly entered upon the minutes of the same. It appearing to the court as above stated by proof of the clerk of said court that Notice was given in the manner required by Law and the order of this court and after examining said account with all the exceptions thereto and hearing the evidence for and Against said account and having Audited and Settled the same it is found that there is none of the Estate remaining in the hands of the said Administrator. Therefore it is Ordered by the Court that Administrator be discharged from his trust.

 

Ordered that Court be adjourned until tomorrow morning 8 O'Ck.

 

Tuesday, September 1st 1857

 

The County Court of Collin County Met on the 1st day of Sept. 2857 for the transaction of Probate business. Present: Geo. H. Pegues, Chf. Justice

John L. Lovejoy, Clk.

Jas. H. Lovejoy, Shiff.

 

On this day came JAMES KEELING and ELI BAKER, Administrators of the Estate of SAML. and JANE FRENCH, Decd. and made their Annual Report as such, and the court having examined the same carefully, and being satisfied that the same is correct, it is ordered that the same be approved.

 

Ordered by the court that HARRISON JAMISON, Admr. of the Estate of LAUDSON CLARK, Decd. proceed to hire at Private Hire from moment to moment a certain Negro girl, JULIA (JULYA?), belonging to said Estate until he be discharged from his trust as Administrator.

 

In the case of the Petition

Of JOHN W. ROWLAND for

The appointment of Guardians

Of the Heirs (Minors)

Of THOS. M. ROWLAND Decd. On the Petition of JOHN

 

Page 18

 

 

W. ROWLAND for appointment of Guardians for the minor Heirs of THOS. M. ROWLAND, Decd. which said Petitioner represents to the Court that AMANDA M. ROWLAND, NATHAN H. ROWLAND and SOPHIA H. ROWLAND are minors under the age of 14 years and have no legal guardians of their persons & estates, and it appearing to the Court that legal notice has been given that a Guardian of their Persons and Estates would be appointed at this term of the Court and the court being satisfied that WM. B. WEAR [is] a suitable person to receive said appointment. It is Ordered by the court that said WM. B. WARE be appointed the Guardian of the persons and estates of the said minors and that He enter into bond the same of six Thousand Dollars and that thereupon Letters issue to him as such.

Issued

 

Whereas JOHN W. ROWLAND, THOS. M. ROWLAND and NANCY H. ROWLAND, Infant Heirs of THOS M. ROWLAND, Decd. over the age of 14 years have this day appeared in open court and made (severally) choice of TALTON CUNNINS as the future Guardian of their persons and estates and the court being satisfied that said CUNNINS is a suitable person to receive the appoint of the Guardianship of said persons. It is ordered by the court that said TALTON be appointed the Guardian of the Persons or (?) Estates of said minors _ad (?) that he enter into Bond and security in the sum of six Thousand Dollars and that therefore Letters issue to him as such. Issued.

 

At this Term of the Court comes TALTON CUNNINS and WM. B. WEAR, Executors of the Estate of THOS. M. ROWLAND, decd. and present their Report of the Condition of the estate of said Decd., which is approved by the court and the prayer thereof is granted. ¾And it is further ordered that GEO. WHITE, WM. PELHAM, (blank space) and J. H. WILSON be appointed commissioners to make Partition of the Estate left by said decd. in accordance with the prayer of said report and that said commissioners be furnished with a copy of this order and of said report and the will of said deceased for their guidance in the p_______? and make report of their action thereon at the next Regular term of this Court.

 

Page 19

 

Ordered that the sum of fifty Dollars be set apart for the support of the Ward NANCY B. PITTMAN, minor Heir of MICHAEL PITTMAN, Decd, out of the first funds of the Estate of said NANCY that comes into the Hands of her Guardian for the term of one year.

 

Ordered by the Court that WM. B. WEAR, JR., Guardian of the Person and Estate of NANCY B. PITTMAN, minor Heir of MICHAEL B. PITTMAN, Decd. proceed to Sell at Public outcry on the 34d day of November 1857 being the first Tuesday in said Month at the Court House door in the town of Sherman, Grayson County, Texas the following described tract piece or parcel of land (to wit) situated in the County of Grayson on the watters (sic) of Mill Creek, containing 200 acres of land off of a survey of 1043 acres sold to MICHEL PITTMAN by E. M. JONES and taken out of a survey of a league in the name of said JONES, Beginning at two percimons [persimmons?]and Hackberry blazed and makd X B. F. SAVAGE’S North West corner, standing in FIELDEN’S East line and the West line of E. M. JONES’ league Thence with said line N 13 E 1090 vs to the N W corner of JONES’ league Thence with his north line South 77 E 407 vs. to the south East corner of S. HORTONS’ Thence East 500 varas a Stone mkd BP S. 7 W 1090 vs. to the N E. corner of B. F. SAVAGE’S 200 acre survey Thence with his North line West 1050 vs to the place of Beginning the Terms of this sale to be one fourth of the Purchase money for cash in hand, the Balance (sic) on a credit of twelve months taking security and mortgage Deed upon the land of the purchaser purchasers. Said sale to be on said day between the Hours of 10 A. M. and 4 P. M. The above property is adjudged to be the property of said NANCY B. PITTMAN and is hereby ordered to be sold for her support¾the said Guardian to give…

 

p. 20

 

…at least twenty days notice of the time and place of such sale at the Court House door in the town of Sherman in Grayson Co., Texas and at the Court house door in the town of McKinney, Collin Co., Texas and at two other Public places in each of said counties.

 

Ordered by the court that the final (?) settlement of the estate of ALEXNADER COOPER deceased, set for this Term of the Court be postponed untill (sic) the Second day of the next regular Term of this Court.

 

Whereas WM. PHILLIPS on of the Heirs at law of the Estate of JONATHAN PHILLIPS Decd. who is entitled to his (?) distributive Share of the Estate of said JOHNATHAN PHILLIPS, Decd. has filed a complaint in writing in the Court praying that GEO. WHITE, the Administrator of said Estate, be cited to appear at this time of the Court and order an exhibit under oath of the condition of said Estate. It is ordered by the Court that the Clerk of this court issue a citation commanding the said WHITE to appear and make said exhibit as required by law.

 

At this term of the Court comes J. B. WILMETH, Guardian of the person and Estate of CATHERINE YOUNG and JAMES W. YOUNG, minor Heirs of SAMUEL YOUNG, Decd., and filed his Annual Report of the condition of the estates of said minors in which Report there is a ballance (sic) of $49.22 1/2 in favor of Guardian and the court having examined said Report and being satisfied that it is correct hereby confirms it and order it to be filed.

 

Ordered by the court that it be adjourned until tomorrow morning at 8 o'clock.

 

Page 21

 

State of Texas County Court Collin Co. August Term

County of Collin 1857

 

The county court of Collin County met on Wednesday the 27t (?) day of Sept 1857 for the Transaction of Probate business pursuant to Adjournment.

Present: Geo. H. Pegues Chief Justice Collin Co. John S. Lovejoy Clerk County Court

Jas. H. Lovejoy Shiff Collin Co.

 

The following proceedings were had.

 

Ordered by the Court that the administrators of the Estate of ISAAC TALKINGTON Decd. proceed to sell at Public Outcry at the late residence of said Deceased on the fifteenth day of September A. D. 1857 all the Personal property belonging to the Said Estate giving at least ten days notice of the time and places of said Sale at the Court house door and two other Public places in the said County the terms of said Sale to be as follows viz for all amounts of 10 Dollars and under cash in hand and all amounts over ten Dollars on a credit of twelve months taking Security as required by law for the purchase money.

 

GEORGE WHITE, WILLIAM B. WEAR, SENR. and ROBERTS B. MAYS, Commissioners appointed at the last Term of this court to make partition and distribution of the Estate of ISAAC TALKINGTON Decd. having made to the Court a Report in Writing, Signed and Sworn to by them containing a Statement of the property (?) divided by them, also a particular description of the property allotted to each Distributee and its value and the Court having carefully examined Said Report and it appearing that said division has been fairly made, according to Law and no valid exceptions having to it therefore it is ordered and decreed that Said Report be confirmed and that the Same be recorded.

 

At this day came GEORGE WHITE, Administrator of the Estate of JONATHAN PHILLIPS, Decd., and filed with the Court a report Stating that the following named lands are the community Property of JONATHAN PHILLIPS Decd. and REBECCA PHILLIPS, also Decd., and former wife of said JONATHAN to wit:

 

Acres

Original Grantee

Out of

632

Jonathan Phillips

632

120

G. B. Pilant

1476

 

Wm. Davis

2/3 League

 

Page 22

 

And said Administrators also Prays that the Court cause the Heirs of said Estate to be cited at the regular Term of the Court and show cause why a Partition and distribution shall not be made between the Heirs of said JONATHAN and the Heirs of said REBECCA therefore it is ordered by the Court that said Report be confirmed and that said prayer be granted and that the Clerk cite the Heirs of the said JONATHAN PHILLIPS and of said REBECCA PHILLIPS to appear the next regular Term of this Court and show cause why said partition and distribution shall not be made as prayed for.

 

At this Term of the Court comes GEO. WHITE, administrator of the Estate of JONATHAN PHILLIPS , Deceased, and filed with the court a report of exhibit of the condition of said Estate in compliance with a citation this day issued from this Court on complaint of WILLIAM PHILLIPS, on of the heirs of said Estate which Said exhibit is hereby confirmed by the Court and ordered to be filed.

 

Ordered that Court be adjourned until the next court in course.

Geo. H. Pegues, Chief Justice

 

State of Texas County Court Collin County, Texas

County of Collin Sept Term 1857 The county court of Collin County met on Monday the 28th day of September 1857 for the Transaction of Probate business.

Present Geo. H. Pegues Chf. Justice C. C.

John L. Lovejoy Clerk Co. Court

James H. Lovejoy Sheriff

 

CHARLES RECTOR, a citizen of Collin County having properly (?) filed with the Court a complaint in Writing, praying that the Administratrix of the Estate of JOHN H. COLLIN, Decd. be required to make him a title to a certain tract or parcel of land ag___able to a title bond entered into by and between the said JOHN H. COLLINS and the said CHAS. RECTOR, before the death of the said COLLINS and it appearing to the satisfaction of the Court that the Clerk of the Court did in accordance with the law Issue a citation with a copy of said complaint to be served on CHARLOTTE COLLINS the Admx. of said Estate and it appearing to the Court that she have been legally notified and the same CHARLOTTE COLLINS appearing and offered no objection to title to said RECTOR and the Court being satisfied that said sale was legally made Therefore it is ordered…

 

Page 23

 

…Adjudged and decreed by the court that said Administratrix make title to said RECTOR in accordance with the terms of said Bond.

 

At this Term of the court comes ROLAND C. CLARK, one of the minor Heirs of LANDSON CLARK, Decd, over the age of 14 years and made choice of BENJAMIN F. MATHEWS as the future Guardian of his person and Estate and the Court being satisfied that said MATHEWS is a suitable person and competent Therefore it is Ordered said BENJ. T. MATHEWS be appointed the Guardian of the Person and Estate of said minor.

Issued.

 

At this Term of the Court comes ALVIN C. CLARK, one of the minor Heirs of LANDSON CLARK decd. over the age of 14 years and makes choice of ROBERT CARPENTER as the future Guardian of his person and Estate and the court being satisfied that said CARPENTER is a suitable and competent person to exercise (?) the appointment Therefore it is Ordered and decreed by the Court that He be appointed the Guardian of the Person & Estate of said Minor.

Issued

 

The Court Adjourned until 8 O’clk A. M.

The County Court of Collin Court met on Tuesday 29th Sept pursuant to Adjournment.

Present Geo. H. Pegues Chief Justice

Jno. L. Lovejoy Clerk Co. Court C. C.

Jas. H. Lovejoy Sheriff C. C.

 

Whereas at the August Term of the Court 1857 the commissioners appointed at the previous term thereof to make Partition and Distribution of the Estate of ISAAC TALKINGTON decd. late of said County presented their Report which was approved by the Court and whereas in said Report two parcels of the property of said Estate were represented as not being susceptible of Division without materially injuring their Vallue (sic) and were Reported back to the Court with the appraised (?) Valuation of the same and whereas ALEX BERRY, guardian Ad litem of CHESTERFIELD B. TALKINGTON has chosen the south parcel for his Ward and MAXWELL C. TALKINGTON has chosen the North parcel for himself and has filed his note for $294.40 payable to the Guardian of ELIZABETH J. TALKINGTON and his note for $484.20 payable to LEONIDAS M. TALKINGTON and his note for $734.20 (?) payable to ALVIRA E. COLEMAN and ____WELL C. TALKINGTON as guardians of CHESTERFIELD B. TALKINGTON has filed his notes for $1189.80 (?) payable to…

 

Page 24

 

…to LEONIDAS M. TALKINGTON guardian of ELIZABETH JANE TALKINGTON the said notes being signed by good security & payable one half in six months from date and the residue in twelve months from date as whereas the said notes will make the division made in said Report¾ in connection within the parcels of land herein before chosen just and ____ and no exceptions having been taken to the valuation made in said Report, Therefore it is adjudged and decreed by the Court that said report be in all respects approved that said notes be delivered to the person legally entitled ____ and that the first questioned (?) parcel of land in two tracts and described as follows: 1st tract being a part of HARRISON JAMISON'S 640 acres on the divide between Watson's ____ and Little Elm and Beginning at the South East corner of said 640 acres as pattented (sic) Thence North (50) fifty chains and (8) Eight links to a point intersected by the Hodge line continued Thence West to the Hedge and with it to its Termination and to the West line of said Survey of 640 acres 979) seventy nine chains & (20) twenty links Thence South (50) fifty chains & (8) eight links to the South West corner of said survey Thence East (79) Seventy nine chains & (20) twenty links to the South east corner thereof and place of Beginning containing 396 58/100 acres of land. 2nd tract being a part of a Survey of 320 acres in the name of THOMAS J. JAMISON and beginning at the north east corner thereof Thence South (15) fifteen chains A. A. TALKINGTON's North East Corner Thereas West (45) forty five chains Thence North (15) fifteen chains to the North line of said survey. Thence East there with (45) forty five chains to the place of Beginning containing 67 1/2 acres of land more or less & valued at $2924___ with all the appurtances thereto belonging to ___as fully and absolutely in the said CHESTERFIELD B. TALKINGTON as it did in the said decedent. And further that the said second Mentioned parcel in two tracts described as follows: The 1st tract being a part of a survey of 640 acres pattented (sic) in the name of HARRISON JAMISON Beginning at the North East corner thereof Thence South (29) twenty nine chains & (75) seventy five links a point in the Hedge line continuing Thence West to and with said Hedge and continuing West in all (79) seventy nine chains & (20) twenty links to the West (?) line of said survey Thence North (29) twenty nine chains and (75) seventy five links the north west corner thereof Thence East with the North line thereof (79) seventy nine chains & (20) twenty links to the place of Beginning 235 62/100 acres of land more or less. 2nd tract being a part of the survey of 320 acres of land pattented (sic) to the name of THOMAS J. JAMISON ___…

 

Page 25

 

…Beginning (15) fifteen chains South and (32) thirty two chains West of the North East corner thereof Thence South (25) twenty five chains the south West corner of A. A. TALKINGTON tract in the south line of said survey Thence West (13) thirteen chains. Thence North (25) twenty five chains Thence East (13) thirteen chains to the place of Beginning containing (32 1/2) thirty two 1/2 acres of land more or less and vallued (sic) at $2397 with all the appurtenances thereof to vest as fully and absolutely in the said MAXWELL C. TALKINGTON as id (?) in the said Decedent.

 

Ordered that Court be Adjourned until tomorrow 8 Ock. A. M.

 

The county court of Collin County, Texas Wednesday the 30th Sept. 1l857.

Present Geo. H. Pegues Chief Justice

John L. Lovejoy Clerk

James H. Lovejoy Shiff.

 

At this day comes the Guardian of C. B. TALKINGTON and ELIZABETH J. TALKINGTON, minor Heirs of ISAAC TALKINGTON Decd and filed an Inventory and appraisement of the Property of said Heirs and a list of claims against C. B. TALKINGTON which have been duly examined by the court and are hereby approved.

 

At this day comes J. H. HARBURGER, Administrator of the Estate of T D. HILL, decd. filed an inventory of the Property belonging to said Estate, which has been examined and is approved.

 

Ordered by the Court that J. H. HARBURGER Admr. of the estate of T. D. HILL Decd. proceed to sell at the Court house door in the town of McKinney on 22th day of Oct 1857 for cash in hand all the perishable property belonging to said Estate Sale ____ Public Outcry.

 

Ordered that a final settlement of the Estate of ALEX COOPER, Decd., be postponed until next regular term.

 

Page 26

 

JACOB BOENS (?) having filed with the court his accounts as Administrator of the Estate of JOHN BARTRAM, Decd. for final settlement of said Estate at the next term of this court Therefore it is ordered by the court that the clerk give at least twenty days notice of the time at which it is proposed to settle said accounts by posting notices at the Court house door in the town of McKinney and two other plaices in Collin Co, which said Notice shall state the time when said account is to be acted upon and shall require all persons contested (?) in said Estate to appear a [and?] contest said accounts.

 

Ordered that JACOB BOENS (?) Administrator of the Estate of JOHN BARTRAM Decd. be allowed the sum of twenty two Dollars as for accounts filed which said account to be paid out of any assets of said Estate.

 

Ordered that Court be adjourned until the next regular Term in Course.

 

Geo. H. Pegues C. J. C. C.

 

In Vacation¾ County Court for Probate business - October 3d (?) 1857.

 

Ordered by the Court that ALEXANDER T. ROBINSON, administrator of the Estate of ROBERT SKAGGS, Decd. proceed to rent to the highest and best bidder on Saturday the 175y (?) day of October 1857 The Farm including the Buildings there on belonging to the Estate of said SKAGGS for the Term of twelve months on a credit of twelve months taking notes with good security after giving Lawful Notice thereof - the said farm to be rented at the late resident of said SKAGGS.

Geo. H. Pegues

Chief Justice

 

In vacation Oct. 17 1857

Ordered by the court that GEO. WHITE, Administrator of the Estate of JONATHAN PHILLPS, Decd., proceed to sell a certain Wagon belonging to said Estate at private sale if necessary on a credit of six months and of c___ at Private sale for cash in hand.

 

Geo. H. Pegues

Chief Justice

Page 26

 

 

State of Texas County Court Collin County October Term 1857

Collin County Be it Remembered that the county court of Collin County met on Monday the 26th October 1857 for the transaction of Probate business

Present: Geo. H. Pegues, Chief Justice

John L. Lovejoy Clerk

J. H. Lovejoy Sheriff

By J. H. Jenkins Deputy

 

At this Term of the Court came WM. R. FRENCH and JOHN S. FRENCH John (?) minors heirs of SAM’L and JANE FRENCH Dec’d. and over the age of 14 years and made choice of LEVI L. FOWLER as the future Guardian of their persons and Estate and the court being satisfied that the said FOWLER is a suitable and competent person to serve (?) the same Therefore it is ordered that the said FOWLER be and he is hereby appoint the Guardian of the said minors and that he give bond in the sum of One Thousand Dollars.

 

It is ordered by the court that JOSEPH DIXON, ISAAC STEPHENS and GRAFTON WILLIAMS be appointed commissioners to divide the community property belonging to the Estate of JONATHAN PHILLIPS and REBECCA PHILLPS both decd. into two equal portions and allott (sic) one (?) of said portions to the Administrator of the Estate of the said JONATHAN PHILLIPS decd. and the other portion to the Heirs of the said REBECCA decd. The property to be divided as indicated is described as follows.

63_ acres in the name of JONATHAN PHILLIPS

120 acres in the name of GEO B. POLAND (POLANT?)

25 acres more or less perhaps 40 acres in the name of WM. DAVIS and also the personal property which had been divided between the Heirs of said JONATHAN and REBECCA PHILLIPS.

 

At this day came FRANCIS FITZHUGH, widow of GABRIEL FITZHUGH Decd. and made application for Letters of Administratrix with the Will Annexed and the Court being satisfied that said FRANCIS is a citizen ______________________________the same, therefore the said FRANCIS FITZHUGH is appointed the Administratrix of the Estate of said decd. with the will Annexed and that she give Bond in the sum of seven Thousand Dollars.

 

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

 

Page 27

 

State of Texas County Court Collin County, Texas

Collin County October Term 1857

The county court of Collin County for Probate Business present to adjournment on Tuesday 27th Oct. 1857.

Present: Geo. H. Pegues Chf Justice

John L. Lovejoy Clerk

James H. Lovejoy Sheriff

By J. H. Jenkins Deputy

 

It is ordered by the court that GEO. WHITE, PLEASANT WILSON and WILLIAM PELHAM be appoint commissioners to divide the separate property which NANCY JANE ROLAND (ROWLAND?) Decd. the first wife of THOS. M. ROWLAND Decd. late of Collin County. Removed from the Estate of J. C. M. HODGE Decd. between JOHN W. ROWLAND, THOS. M. ROWLAND, JR., NANCY H. ROWLAND, NATHAN ROWLAND, SOPHIA ROWLAND, AMANDA ROWLAND, MARTHA A. ROWLAND and MARY J. WILSON, wife of LEVI WILSON and allot to each an equal portion of the same they living children and Heirs of said first wife’s separate property is described as follows, to wit: 140 acres of Land in the name of L. B. HAM. It is further ordered that said commissioners proceed to divide the community property belonging to said ROWLAND and NANCY J., his first Wife, into two equal portions and to allot one of the same to said THOS M. ROWLAND’s Estate and to allot the others to said Heirs and to divide the same into eight equal portions and to allot one portion to each said community property is described as follows to wit---190 acres in the name of WILLIAM JOHNSON in Collin County.

One 140 acres in the name of L. B. HAM in Collin County.

320 M. HART in Collin County

320 T. M. ROWLAND

640 ISSAC P. WASHLAM (?) “

And personal property consisting of cattle, Horses &c. It is also further ordered that said commissioners proceed to divide the community property of THOS. M. ROWLAND and his last wife DELIAH (?) ROWLAND into two equal portions and to separate? By Law one portion to the Estate of said THOS. M. ROWLAND and the other portion to the said DELIAH ROWLAND his last Wife said community property consisting of Personal Estate. It is also herby further ordered the Estate of the said THOS M. ROWLAND Decd. (rest of page unreadable).

 

Page 29

 

(unreadable) and to allot one third to the said DELIAH ROWLAND _______during her natural life and finally to divide said portion of two thirds of personal estate and said portions of two thirds the real estate into twelve (12) portions and to allots eight of them to the above named Heirs children of the first Wife of the said THOS M. ROWLAND, and make report of the same at the next term of this court.

It is ordered that the clerk of this court issue a Writ of Partition and distribution to the above cause (?) in accordance with laws.

 

H. JAMERSON, Administrator of the Estate of LANDSON CLARK (?) decd. laving filed his account for final settlement of said Estate it is Ordered by the Court that Legal notice thereof by given by the clerk of Posting Notes at the court House Door in this county and two other Public Places in said county.

 

Ordered that the settlement of the Estate of JOHN BARTRAM (?) Decd. be continued until next Regular Term, cause of continual (?) want of legal motion not having been given.

 

Estate of RUBUEN PHILLIPS Decd.

It is ordered by the court that JOSEPH DICKSON, ISAAC STIMSON, and GRAFTON WILLIAMS be appointed Commissioners to make Partition and Distribution of the Estate of REBECCA PHILLIPS decd. first wife of JONATHAN PHILLIPS decd. among the following named Person (?) Heirs of said Estate of SARAH McCOY, WILLIAM PHILLIPS, JOHN PHILLIPS, CASSANDRA SHEILD, EMILLA FIKES, Heirs of THOS. PHILLIPS decd., Heirs of GEO. PHILLIPS decd. and MARGARET JANE PHILLIPS and it appearing from Indentures this day filed in the Clerk’s office of this County that a mutual contract has been in accordance with Law Entered into this above named Heirs by which each is to receive in his own right an equal portion of said Estate, the said commissioners are hereby required to make said divisions with said agreement taking into consideration that the following advancements have been made to wit:

SARAH McCOY $83.68

WILLIAM PHILLIPS $94.28

CALEB PHILLIPS $91.78

JOHN PHILLIPS $67.43

CASSANDRA SHIELD 89.68

EMILLON FIKE 99.58

Heirs of THOMAS PHILLIPS, decd. 28.68

GEO. PHILLIPS decd. 75.70

MARGARET PHILLIPS 142.61 +17.50+$169.11

____________REBECCA PHILLIPS decd.__________________of the following:

 

Page 30

 

…property to wit: 202 Acres of Land in the name of JONATHAN PHILLIPS, 120 in the name of GEO. B. PILANT, 25 acres more or less, probably 40 in the name of WILLIAM DAVIS. It is further ordered that said Commissioners made report at next Term of this Court and that Writ of Partition issue in accordance with Law.

 

Ordered that Court adjourn until the next regular Term.

Geo. H. Pegues, Chief Justice

 

State of Texas County Court in Vacation Nov. 18th 1857 for Probate

Collin County business.

Present: Geo. H. Pegues, Chf. Justice

Jno. L. Lovejoy, clerk

 

Ordered by the court that JAMES B. STRAIN, JAMES H. MAXWELL and C. A. McMILLAN be appointed appraisers to view and appraise the Peters Colony Headright of JOHN W. MITCHELL situated in Collin Co., State of Texas in Muddy Creek and described in his petition this day filed and make return of their appraisement at the next term of this court.

 

Geo. H. Pegues

Chief Justice

 

 

Page 31

 

State of Texas County Court Collin County Novr. Term

Collin County 1857

Be it Known that the county court of Collin County met on Monday the 20th day of November 1857 for the transaction of Probate business.

Present and acting: Geo. H. Pegues, Chf. Justice.

John L. Lovejoy, Clerk Co. C

Jas. H. Lovejoy, Sheriff

By J. H. Jenkins, Deputy

 

JOHN L. LOVEJOY Administration of the Estate of EDWARD BRADLEY Decd. presented to the consideration of the court his yearly Report which has been examined by the court & confirmed and approved.

 

At this term of the court come ABIGAL (SIC) FOREMAN Administratrix of the Estate of JARROT HOWARD deceased for final Settlement of the Estate of said deceased, and it appearing to the Court that the Notices Required for said Settlement have been posted as Required by Law this court proceeding to examine said account no exceptions being filed to the same finds it necessary to restate the same for the purpose of bringing into said settlement the following allowances said Administratrix to wit:

 

For one year’s support of Widow and Minor children of in number $450.00

For safe Keeping preservation and management of said Estate as per account

filled and allowed $90.00

For Commissions (?) on disbursements 72.43

Commissioners on Receipts 49.89

Making in the aggregate the sum of $662.32 cents

This Sum subtracted from the cash balance of $1027.50 stated in the final account of said administratrix as filed Will Red___this cash to the sum balance in favour (sic) of said Estate and due from said administratrix to the sum of $365-18 cents and with the corrections thus made said account if finally audited and settled subject to the expenses of this Court and of distribution. And it further appearing to the satisfaction of the Court that all the property of said Estate is community property with the exception of the Negroes specified in the inventory or their increase which from the facts appearing to the court—and (?) adjudged to be the separate property of the deceased and that the following named persons to wit: ABIGAL (sic) FORMAN, Widow and administratrix of deceased and WILLIAM HOWARD, MARY FORMAN, SAMUEL HOWARD, JANE HOWARD, HARMON HOWARD, LUCETTA HOWARD and JARROT HOWARD, children of said deceased all of Collin County State of Texas, are his Heirs at Law. And it further appearing to the Court that all of said children except WILLIAM HOWARD and MARY FORMAN are now minors without any other than their natural Guardian the said ABIGAL who is also a distribute (sic) of said Estate, it is ordered that BULLARD (?) HENRY be appointed Guardian ad litem for said minor children to attend to their interest in the following…

 

Page 32

 

…partition and distribution in this court of said Estate and it appearing to the Court that there have been no advancements to any of the parties entitled to distribution, It is considered and decreed, that the following named person to wit: GEORGE WHITE, BENJ. F. MATTHEWS, JORDAN O. VAUGHAN be appointed Commissioners to make partition and distributions of said Estate among said Heirs at Law in the following Shares and proportions to wit: one half off all the land, and personal property now on hand, and to be exhibited by said administratrix, to be appraised and allotted to ABIGAL FORMAN as widow of said deceased and Survivor of the Community and the other half said land and personable property to be divided into seven equal shares for each of said seven children of deceased before named, and further that one thirs of the Negroes & their increase belonging to said deceased be appraised and assigned to the Widow of the deceased, his present administratrix for and during her natural life and subject to said life Estate of said widow and two thirds of said Negroes to be apprised and divided into seven equal shares for each of said seven children of the deceased of ___aid and it is further ordered that the Commissioners herein named Report their action in the premises to the next Regular term of this Court and that a writ of partition issue to them for that purpose together with a copy of this decree.

 

Ordered by the Court that DELILAH E. ROWLAND be and she is hereby appointed the Guardian of the persons and Estate of JAMES S. ROWLAND, ELLEN R. ROWLAND, THERISSA ROWLAND and SALLON (?) C. ROWLAND, Heirs of THOS. M. ROWLAND deceased And that Letters of Guardianship be issued, she having given bond and approved security.

Issued.

 

At this day came SARAH HUSTIS (?) and appoint for the Probate of the last Will and testament of MAJOR HUSITIS which Will has been duly Probated according to Law by taking the Testimony of WM. LARKIN, and it is Ordered by the court that SARAH HUSTIS (?) and HENRY HUSTIS be appointed executors of the Will of said MAJOR HUSTIS and that Letters issue to them and that said Will be Recorded by the clerk of said Court and that said SARAH & HENRY give Bond in the Sum of Two Thousand Dollars. Issued.

 

Ordered by the Court that MATTHEW R. CLARK be, and he is hereby appointed Guardian of the person and Estate of ELIZABETH N. CLARK, minor heir of the Estate of LASON CLARK, deceased, the said MATTHEW R. CLARK having given bond and approved a security and that Letters of Guardianship be granted. Issued.

 

Ordered by the Court that WILLIAM LARKIN, GEORGE D. DRAKE, LYMAN DRAKE, be, and they are hereby appointed appraisers of the Estate of MAJOR HUSTIS deceased.

 

Page 33

 

Ordered that Court adjourn until tomorrow morning 8 Oct.

 

 

The County Court of Collin County met on Tuesday the 1st day of Dec. 1857 for the transaction of Probate business.

Present: George Pegues Chf. Justice

John S. Lovejoy Clerk

James Lovejoy Sheriff

By Jas. H. Jenkins Deputy

At this Term (?) of the Court comes WESLY A. WILLIAM by Petition praying the Court to appoint him Guardian of the Persons & Estates of the minors MARY S. WILLIAMS, SARAH J. WILLIAMS and NADINE E. WILLIAMS, Heirs of NANCY WILLIAMS, Decd. late of D___kson County, Tennessee. It appearing to the court that Legal notice has been given of the Filing of said Petition and the Court being satisfied that said WESLEY A. WILLIAMS is a suitable and competent person to receive said appointment, Therefore it is ordered that said WESLEY A. be and he is hereby appointed the guardian of the Persons and Estate of said minors and that upon his giving Bond and approved security in the sum of Three Thousand (blank) Dollars that Letters there upon issued to him as such Guardian.

Issued.

 

At this time of the court came WESLEY A. WILLIAMS by petition praying the Court to appoint him Guardian of the persons & Estate of the minors ALBERTSON WILSON, JAMES D. WILSON and ALBERT G. WILSON minor heirs of ALBT. (?) C. WILSON Decd, late of the county of Hickman, state of Tennessee. It appearing to the Court that Legal Notice of the filing of said petition has been given and the court adjudging said WESLY A. WILLIAMS a suitable and competent person to receive the said appointment. Therefore it is Ordered that said WILLIAMS be appointed Guardian of said minors in accordance with the prayer of said Petition and that upon his giving bond in the sum of thirty Thousand Dollars that Letters issue to him as said guardian.

 

At this day come ISAAC STEMPSON and three (?) Commissioners heretofore appointed to partition and divide among the Heirs at law the landed Estate of REBECCA PHILLIPS deceased and make their report which is approved and filed showing that said Estate is not suitable (?) of a division, whereupon WILLIAM A. PHILLIPS and HENRY SHIELDS and CASSANDRA, his wife, two of said Heirs at law of said REBECCA elected to take the whole of raw (?) landed estate at it appraised value and filed in open Court their obligations…

 

Page 34

 

…with two approved securities in favor of each of the other Heirs at Law of said Estate for their distributive shares of the same at its appraised value, due in twelve months from date—which said obligations are examined and approved by the Court and ordered to be filed for the benefit of the parties respectively whereinto (?)---

 

Ordered that Court be adjourned until tomorrow morning 8 o’ck.

County Court of Collin County met pursuant to adjournment.

Present Geo. H. Pegues Chief Justice

Jno. S. Lovejoy Clerk

Jas. H. Lovejoy Shiff.

By J. H. Jenkins Deputy

 

At this time of the Court come GEO. WHITE and other commissioners appointed at a previous term of this court to make a partition and distribution of the estate of H. M. ROWLAND Decd. and presented their Report to the consideration of the Court and the Court having examined said Report carefully and it appearing formal (?) and the Court being of the opinion that said Division has been fairly made according to Law and no valued exceptions having been made to the same Therefore it is Ordered that said Report be and the same is hereby approved, and the clerk of the Court is hereby ordered to (?) the same to Record.

 

It is Ordered that the Executor of the Estate of THOS. M. ROWLAND (?) Deced. Deliver to the distributees their Respective shares of said Estate on (?) including all the other land (?) and personal (?) belonging to the same.

 

Ordered that W. YOUNG Executor of the Estate of ELIZABETH HENDRIX decd. rent out the farm belonging to said Estate for such price per acre as it Will bring to the highest bidder at Public auction at the residence of the said Executor on the (blank) day of (blank) after giving ten days notice of the time and place of letting the same amt. (?)

 

Ordered by the Court that the compliant filed against WILLIAM PHILLIPS Guardian of JOHN PHILLIPS by JOSEPH DIXON and others, none of said complainants appearing, It is therefore ordered that said complaint be, and it is hereby dismissed.

 

Page 35

At this day comes ABIGAIL FORMAN administratrix of JARROT HOWARD deceased and by leave of the Court presents her special report this day filed-she (?) (?) and correcting errors on her final account and report filed on the first day of this Term of the Court-upon the consideration whereof it (?) is adjudged and decreed by the Court—that the decree entired (?) at a former day of this Term for the final settlement of said estate be altered and corrected as follows: namely—by the addition of 100 dollars specified in report this day filed as received by the administratrix-- the cash balance of 365 dollars & 18 cents stated in formig____? as appearing due on said administratrix final account—This make the sum of 465 dollars and 18 cents-the cash balance appearing due on the final settlement of said administratrix—subject to the future expenses of this Court and distributed among the Heirs at law. And all of said Heirs at law being present or represented in Court , to wit: ABIGAL FORMAN, administratrix and late widow of deceased, and WILLIAM HOWARD, a son of full age, and daughter MARY FORMAN, wife of DEWITT C. FORMAN, and SAMUEL HOWARD, JANE HOWARD, HARMON HOWARD, LUCETTA HOWARD and JARROT HOWARD, minor children of said deceased all of Collin County and State of Texas, And it farther appearing to the Court that all of said children, except WILLIAM HOWARD and MARY FORMAN, are now minors without any other than their natural guardian the said ABIGAIL FORMAN, their mother and administratrix of said deceased who is also a distributee of the same, it is ordered that BUFORD HENRY be appointed Guardian ad litem for said infant Heirs to attend to their interests in the distribution of said Estate in this Court.

 

And it farther appearing to the satisfaction of the Court, that all of the negroes embraced in the inventory of the estate of said deceased now on file as well as their increase, and also 320 acres of land, embraced in said inventory being a part of the Headright of MARY SHANDIFER located on Rowlett’s Creek and purchased wholly with negro property of said deceased, and that all the other lands and personal property embraced in the inventory and appraisement of the estate of said deceased now on file, are the community property of the marriage of said ABIGAIL and JARROT HOWARD deceased. And the said ABIGAIL having waived (?) in open court all her claims to a life estate in the lands of the separate property of her said deceased husband JARROT HOWARD and it further appearing to this Court that there have been no advancements to any of the Heirs entitled to…

 

Page 36

 

…distribution which are required to be brought into (?)

 

It is considered, adjudged and decreed that the following named persons, to wit: GEORGE WHITE, BENJAMIN F. MATTHEWS and JOURDAN O. STRAUGHAM be appointed Commissioners to make partition and distribution of said estate among said heirs at law, in the following named shared and proportions, to wit, one half of the following described tracts of land, namely 320 acres on Spring Creek, 120 acres on the same, 196 ½ acres on Little Rowlett, 426 acres on same, all in said Collin County and State of Texas and 380 acres in Dallas County on Turkle (Turtle?) Creek, and all of personal property embraced in the inventory of said estate now on hand and to be exhibited to said commissioners by said administratrix to be appraised, divided and allotted to said ABIGAIL FORMAN, as widow of said deceased and survivor of the community of said estate. And the other Half of said lands and personal property be appraised divided and allotted into seven equal shares for each of said several children of said deceased, being seven in number, and Farther that one third of the negroes specified in the inventory of said estate, or their increase belonging to the same be appraised, divided and allotted to said ABIGAIL FORMAN, as widow of said deceased to be held by her for her own use and benefit for and during the term of her natural life, with re____? to said children of said deceased as his heirs at law in (?) their said several shares and proportions after the termination of said life estate.

 

And the other two Thirds of said negroes be appraised, divided and allotted into seven equal shares for each of said several children of said deceased.

 

And farther to appraise, divide and allot a tract of land of the estate of said deceased specified in the inventory of the same as 320 acres on the waters of Rowlett’s Creek in Collin County and State of Texas, being a part of the Headright (of) MARY STANDIFER, and purchased with separate negro property of said deceased, into seven equal shares for each of said seven children of said deceased, or connection (?) with the division of the other property herein specified and ordered to be divided among said children, so as to make each of their shares of the whole property, allotted to them equal,

 

It is farther ordered that a writ of partition with a copy of this decree issue to said commissioners with orders to report their action herein at the next regular Term of the Court.

Issue.

 

Page 37

 

At this time of the court comes JOHN J. GORD (?) by petition praying the court to decree (?) him title to certain tract of land sold by M. R. FOSTER & Wife in the life time of the said M. R. FROST to ELI MURPHY by Bond, being ate 11th day of Feb. A. D. 1854 which said Bond was lawfully (?) transferred to the said GORD (?) by the said MURPHY. It appearing to the Court that the clerk of this court has issued a citation with a copy of said Petition or complaint which has been issued (?) on the Administrator of the Estate of said M. R. FOSTER the return of which service (?) of citation and copy of complaint has been duly made by the sheriff of Collin County, Texas at this time of the court and the court being fully satisfied that said sale was legally made. Therefore it is ordered by the court that JOHN M. SALMONS, Administrator of said Estate make title of said Land to the said JOHN J. GOOD (?) in accordance with the t___? of said Bond.

 

At this time of the Court comes MARY A. HENRY (MURRAY?) by Petition praying the Court to appoint her Guardian of the Person and Estate of the minors

And

Heirs of (blank) Decd.

and the Court being satisfied that legal Notice has been given of the filing of said petition and that said MARY A. is a suitable and competent person to receive (?) said appointment. Therefore it is ordered that said MARY A. be appointed the Guardian of the Person and Estate of said minors and that she give bond in the sum of (blank) dollars and that upon giving such bond Letters issue to her.

 

Whereas upon the suggestion of E. D. (?) McCOY, husband of SARAH McCOY one of the Heirs of the Estate of REBECCA PHILLIPS dec. upon examination of the Order passed at the last term of this Court it appears that the notes files a m________ in a previous Order of this term (?) have not been given in accordance in the law. Nothing of the size to which the distributees mentioned therein (?) are entitled. Therefore is hereby Ordered by the Court that said Order previously made at the term of this Court pertaining to said Estate be annulled and the Estate of said REBECCA PHILLIPS be hereby reinvested (?) in her lawful heirs, and this the notes mentioned in said Order are hereby declined (?) to be canceled and s____? to the orders of the (unreadable). It is further Ordered that said cause (?) be continued until next term of this Court.

 

Page 38

 

Whereas MELINDA E. SHAW widow of SEABORN SHAW deceased having made application to this court for the probate of the last will and testament of the said SEABORN SHAW decd. and for the appointment of herself the Executria (sic) of said last Will and testament and said application having been duly advertised according to Law and Whereas the said MELINDA E. SHAW filed to attend. It is therefore ordered by the Court that said cause be continued untill (sic) the next term of the Court.

 

Now at this time comes JACOB BACCUS admr. of the Estate of JOHN BARHAM (BARTRAM?) Decd. and having himself (?) filed his final account for the settlement of said Estate, and notice having been given thereof as the law directs, and no person having filed any objection to the same, and said final settlement having been inspected by the court It is now ordered that said Estate and that the said BACCUS be and he is hereby released and fully discharged from further duties, as the administration of JOHN BARTRAM decd.

 

Ordered that Final settlement of the Estate of LANDON CLARK Decd. be continued until the next term of this Court.

 

In the matter of the estate of

JONATHAN & REBECCA PHILLIPS, Decd. GRAFTON WILLIAMS, ISAAC STIMPSON &

JOSEPH DIXON, Commissioners heretofore appointed to divide & partition the Community property of said JONATHAN & REBECCA PHILIPS, having made their Report in vacation. It is ordered that the Said Report be approved and confirmed.

 

Ordered that Court adjourn until next Term.

Geo. H. Pegues,

Chief Justice

 

Page 39

 

Blank

 

Page 40

 

Collin County

State of Texas County Court of Collin County, December Term 1857

 

Be it Known that the County Court of Collin County met on Monday the 28th day of December 1857 for the transaction of Probate business.

Present and acting George H. Pegues, chief Justice

John L. Lovejoy, clerk

By Buford Henry, Depty. Clk.

Jas. H. Lovejoy, Sheriff

By J. H. Jenkins Dept.

 

This [day] comes MEREDAY ASHLOCK, the surviving husband of SARAH ASHLOCK, deceased, by petition this day filed praying the Court appoint commissioners to appraise and make out inventory of the community property of the said MEREDAY ASHLOCK, and said SHARAH ASHLOCK deceased.

 

It is therefore ordered by the court that GODFREY BACCUS, CHARLES F. FOX (?) and DAVID MELTON (?) be and they are hereby appointed the appraisers of the said Community property of the said MEREDAY ASHLOCK and SARAH ASHLOCK, deceased, and make Report to the next term of this court.

 

Ordered that the court adjourned untill (sic) tomorrow morning 8 o’clock.

 

Tuesday, Decr. 29th 1857 Court met pursuant to adjournment.

Present George H. Pegues chief Justice

John L. Lovejoy Clerk

By Buford Henry, Depty. Clk

Jas. H. Lovejoy, Sheriff By J. H. Jenkins, Depty. Sheriff

 

The day comes JAMES T. FISHER by petition praying for letters of administration upon the estate of JOHN Y. (?) MILLER deceased, and it appearing to the satisfaction of the court that lawful notice of said application had been given, It is therefore ordered by the court that the said JAMES T. FISHER be and he is hereby appointed administrator of the Estate of the said JOHN Y. (?) MILLER deceased and that Letters of Administration be and is hereby granted to the said JAMES T. FISHER, he having given bond and approved security (issued).

 

Ordered by the court that JOSESPH DIXON, WILLIAM SNIDER and ROBERT FITZHUGH be and they are hereby appointed the appraisers of the Estate of JOHN Y. (?) MILLER deceased, and that they make Report to the next term of this court.

 

This day comes the committee appointed by this court, appraisers of the community property of JOHN W. MITCHEL and MARTHA (MARTHY?) MITCHELL and makes their Report, which having been examined and approved by the court, and ordered to be filed.

 

Page 41

 

Ordered by the court that the [court] be adjourned to 8 o’clock tomorrow morning.

 

County Court met pursuant to a (sic) adjournment Wednesday, Decr. 39th, 1857.

Present and acting: George H. Pegues Chief Justice

John L. Lovejoy Clerk

By Buford Henry, Depty. Clk

Jas. H. Lovejoy, Sheriff By J. H. Jenkins, Depty. Sheriff

 

At this day comes JOHN M. SALMONS administrator of the Estate of MAIZE R. FOSTER, deceased, and Represents to the court that these are debts outstanding against said Estate, and that there are no means in his hands to pay said debts, and prays the court to set apart and to order the sale of a certain piece or tract of land belonging to said Estate of MAIZE R. FOSTER deceased.

It is therefore ordered by the Court, that the said JOHN M. SALMONS, admr. of said Estate, proceed to sell the following described tract or parcel of land belonging to said Estate, giving due notice of the time and place of sale as the law directs and make Report of said sale to this court to wit about thirty three and one quarter acres being a part of a 640 acre survey made in the name of said MAIZE R. FOSTER deceased Bounded on the West by Rowlet’s Creek, on the North by lands sold by said M. R. FOSTER, to HARRY MAXWELL out of said survey, on the East by a survey made in the name of the Heirs of JAMES MAXWELL deceased, on the South , by a tract sold by the administrator of the Estate of the said MAIZE R. FOSTER deceased to MANLY S. BECK, said sale to be made on a twelve months credit, purchaser given bond & approved security and (blank space) Mortgage on said land.

 

At this day comes GEORGE McGARRAH the administrator of the Estate of JOHN MANNING deceased and Represents to the court that there are debts outstanding against said Estate and that there is not a sufficiency of assets, of said Estate in his hands to pay said debts. It is therefore ordered by the court that about Seventy Eight acres of land belonging to said Estate of JOHN MANNING is hereby ordered by the court that Seventy Eight acres of land belonging to said Estate be sold by the said GEORGE McGARRAH administrator of said Estate on the first Tuesday in February giving Notice of the time and place of said sale according to Law and make Report of said sale of said land to the next term of this court there after said land described as follows: Situated N W of the Town of McKinney adjoining South of this Headright of THOS. Y. (?) McDONALD said Sale to be made on a credit of Twelve months and that the purchaser or purchasers thereof give bond and approved security and that a lien be held upon said land by Mortgage, executed by the purchaser or purchasers of said land.

 

Page 42

 

Whereas it appearing to the court that MELINDA SHAW widow of SEABORN SHAW deceased who made application to this Court for the probate of the last will and testament of said SEABORN SHAW decd. and to be appointed the executrix of said Will and testament which application was continued at the last term of this court and the said MELINDA E. SHAW not appearing at this term of the Court. It is therefore ordered that this case be continued to the nest term of this court.

 

Whereas JAS. S. BRADLEY made complaint to this court, in writing which said complaint is filed in this court, praying that the administrator of the Estate of EDWARD BRADLEY decd. make title to a certain tract or parcel of land, sold by the said EDWARD BRADLEY decd. to the said JAS. S. BRADLEY the said EDWARD BRADLEY decd executing to the said JAS. S. BRADLEY his bond whereby, the said EDWARD BRADLEY binds himself, his heirs, administrators &c. to make and secure unto the said JAMES BRADLEY his Executors, administrators & assignees a good & lawful Deed, to said tract or parcel of land, and it appearing to the court that citation has been duly served upon said administrator, of said Estate of EDWARD BRADLEY decd. and duly Returned into this Court and Whereas it appearing to the court that said sale was legally made, It is therefore ordered by the court that the administrator of the Estate of the said EDWARD BRADLEY make title to the said JAMES S. BRADLEY according to the tenor of the bond, of the said EDWARD BRADLEY decd. to the said JAMES S. BRADLEY.

 

At this day comes CASSA BAILEY and AMANDA C. YEARY alias AMANDA C. REGAN citizens of the county of Jack & State of Texas and Represents to this court that they are the Legatees of ELIZABETH HENDRICKS deceased of Real and personal property in Collin County, by Will of said ELIZABETH HENRICKS decd. and that they have never Received lawful possession of said property, It is therefore ordered by the court that citation be issued and served upon the Executor of said Estate of ELIZABETH HENRICKS deceased to appear at the next term of this court and show cause why said Real and personal property shall not be delivered to the said CASSA BAILEY and AMANDA C. YEARY alias AMANDA E. REGAN.

 

Whereas it appearing to the court, that citation has not been served upon the parties, in the Petition WM. R. HICKS & NANCY HICKS vs. A. T. ROBISON admr. of the Estate of ROBERT SKAGGS decd. It is therefore ordered by the court that citation be opened, and served upon the parties interested in said Estate, to appear at the next term of this court.

 

Page 43

 

Ordered that HARRISON JAMESON Admr. of the Estate of LANDON (?) CLARK decd be cited to appear at the next term of this court and show cause why be shall not be removed from said Administration for a failure to come forward and make final settlement.

 

Whereas at January (?) Term of this Court the Commissioners appointed to make Partition and Distribution of certain property between the Heirs of JONATHAN and REBECCA PHILLIPS deceased report to the Court that there are certain lands belonging to said Estate that are not susceptible of divisions and whereas it appears that WILLIAM A. PHILLIPS and HENRY SHIELDS and CASSANDRA SHEILDS, his Wife, Heirs of Said Estate have agreed to take Said Land which is fully described in the report of said Commissioners and whereas in said agreement all the advancements that have been made to each of the heirs to said Estate have been taken into consideration and proved for the Court and the said WILLIAM PHILLPS and HENRY SHIELDS and Wife having given bond and approved Security for the payment of the appraisement value of said Lands to the persons entitled thereto which bonds are made payable twelve months after date thereof. Therefore it is ordered that said bonds be and they are thereby approved and the title of said Lands is hereby declared and decreed to be vested in said WILLIAM A. PHILLIIPS and HENRY SHEILDS and CASSANDRA SHEILDS his wife.

 

Ordered that court adjourn until the next regular Term.

Geo. H. Pegues,

Chief Justice, C. C.

 

County Court for Probate business

In Vacation January 8th 1858

Upon the petitions of RACHEL WEDDLE Surviving wife of BETHEL WEDDLE deceased to appoint appraisers to act and assist in make out Inventory and appraisement of the Community property of the said BETHEL WEDDLE deceased and herself. It is ordered by the Court that ENOCH E. PEGUES, S. E. DONALDSON and SANDFORD BECK be and they are hereby appointed appraisers of the said community Property and make report of the same at the next Term of the Court.

Geo. H. Pegues Chief Justice

Collin County

 

Page 44

 

State of Texas County Court Collin Co. January Term

Collin County A. D. 1858

The county court of Collin County met on Monday 25th day of January 1858 for the transaction of Probate business.

Present: John L. Lovejoy, Clerk

Jas. H. Lovejoy, Sheff.

By J. H. Jenkins, Deputy

The Chief Justice not appearing court adjourned until Tuesday the 26th day Jany. 1858.

 

Tuesday, 26th Jany. 1858.

Be it Known that the court of Collin Co. met on the (blank) day Jany. 1858 pursuant to adjournment.

Present: Geo. H. Pegues, Chf. Justice

John L. Lovejoy, clerk

J. H. Lovejoy, Sheff.

By J. H. Jenkins, Deputy

 

At this day comes the appraisers and commissioners of Partition and Division of the Estate of MAJ. HUESTIS [HUSTIS?] decd. which has been examined and is hereby approved by the court and ordered to be Recorded.

 

At this Term of the Court comes JAS. KEELING and ELI BAKER, Administrators of the Estate of SAMUEL and JANE (?) FRENCH decd. and filed with the court their Final Account for settlement of said Estate. Where upon it is ordered that the clerk of the Court five at least twenty days notice of the filing of said account.

 

At this Term of the Court comes ROBT. FITHUGH, WM. SNIDER and JOSEPH DIXON appraisers of the Estate of JOHN J. MILLER (?) decd and presented to the consideration of the court an appraise Bill and Inventory of said Estate which being duly examined is herby approved and ordered to be filed.

 

Ordered that R. M. MUGG, JACKSON McARAIR (?) and JOHN MILLER (?) be and they are hereby appointed appraisers of the community property of JAS. KEELING and NANCY KEELING decd, his deceased wife and make Report to the court at the next term thereof.

 

Page 45

 

At this day comes G. S. BACCUS, D. MELTON and D. FREG (FOX?) appraisers of the community property of M. ASHLOCK and SARAH ASHLOCK and present to the court an Inventory and appraisement of said property which has been examined and is herby approved and ordered to be recorded.

 

At this day comes HARRISON JAMISON administrator of the estate of LARCER (LANCEN/LANSON?) CLARK deceased and on his motion, the final settlement of said estate is postponed to Wednesday the third day of the next regular Term of this Court.

 

Ordered that court be adjourned until tomorrow morning 9 O’clock A. M.

 

State of Texas Be it Known that the county court

Collin County of Collin County met on Wednesday the 27th Jany. 1858 pursuant to adjournment for the transaction of Probate business.

Geor. H. Pegues, Clf. Justice

John S. Lovejoy, Clerk

Jas. H. Lovejoy, Shiff.

By J. H. Jenkins, Deputy

 

Ordered that the Final Settlement of the W. B. WEAR & TALTON Executors of the Estate of THOS. M. ROWLAND decd. be continued until next term of the court.

 

At this Term of the Court comes WM. B. WEAR JR., Guardian of NANCY B. PITTMAN and present to the consideration of the court an account of sale of certain Landed property therein described made in obedience to a former order of this court and the court having inquired into the means in which sd. Sale was made and being satisfied that it was fairly made and in conformity with law, It is ordered & decreed that sd. sale be confirmed and that said account thereof be Recorded.

 

Ordered that MICAHEL HUFFINSON (?), SILAS HARRINGTON and JOHN SPEARS (?) be and they are hereby appointed appraisers of the Estate [of] JONAS (?) HUFFMAN minor Heir of JOSEPH HUFFMAN decd. and that they Report at the next term of this court. Issued.

 

Page 46

 

Ordered that the application of SARAH SHAW for Probate of Will be continued until the next term of this court.

 

Ordered that the application of CASSA BAILEY and AMANDA C. YEARY be continued until the next term of this court.

 

This day the Petition of NANCY HICKS and her husband W. R. HICKS came on to be heard, and citation….[this entry is overwritten with the work ERROR several times and is thus omitted here-entry had something to do with the estate of ROBERT SKAGGS]

 

Ordered that the application of NANCY HICKS & WILLIAM R. HICKS for the distribution of the Real (?) Estate of ROBERT SKAGGS continued until the next court Term.

 

Ordered that GEO. WHITE, J. O. STRAGHAM and B. F. NATHANS (?) be allowed until the next term of this court to make their Report as commissioners of Partition & distribution of the Estate of JARROT HOWARD decd.

 

Ordered that court be adjourned.

Geo. H. Pegues,

Chief Justice C. C.

 

State of Texas In county court Collin as

Collin County Vacation Feb. 1st, 1858.

Present GEO. H. PEGUES Chf. J., J. S. LOVEJOY, clk.

 

Ordered by the Court that R. M. MUGG ARCH WHITE and BENJAMIN WHITE be appointed appraisers to Vallue (sic), appraise and return to the court an Inventory of the community property of FRANCES S. BLANTON and his deceased wife MARY M. BLANTON decd.

Issued.

 

Page 47

 

State of Texas County Court Collin Co. In Vacation

Collin County Feb. 6th, 1858

Present; Geo. H. Pegues Chf. Justice

J. S. Lovejoy Clk.

 

At this day comes GEO. McGARRAH, Admr. of the Estate of JOHN MANNING decd. and returned to the court an account in Writing of the sale of certain land which is ordered to be filed.

 

At this day comes SARAH J. KIRKPATRICK, Widow of JACOB KIRKPATRICK decd. late of Collin Co. by her petition showing that their (sic) is a considerable quantity of community property belonging to her and said deceased and asks the court to appoint appraisers to appraise said property and make return thereof to the court, therefore it is order that said Petition be filed.

 

It is ordered that JOSEPH DIXON, GRAFTON WILLIAMS and SAML. S. JENKINS be appointed appraisers of the community property of SARAH J. KIRKPATRICK and her deceased husband JACOB KIRKPARTICK decd and make return of their acts, to this court at the next term.

 

Ordered that Court adjourned (sic).

Geo. H. Pegues, C. J.

 

Page 48

 

State of Texas County Court Collin Co. Feby Term 1858

Collin County


Be it Known that the county court of Collin County met on Monday the 22nd day of Feby. 1858 for the transaction of Probate business.

Present Geo. H. Pegues, Chief Justice

John S. Lovejoy, Clerk

Jas. H. Lovejoy Shiff

By J. H. Jenkins, Deputy

 

Estate of ELIZ. CHENWORTH

 

At this Term of the court comes JOHN C. BATES, Guardian of ELIZABETH CHENWORTH a minor under the age of 14 years and represents to the court that said minor has not a sufficient means for her support and Education and to pay the debts against her Estate without a sale of a portion of the lands belonging to the same, and after due consideration the court being fully satisfied that the representations in his said application are true therefore it is ordered that a citation be given in the Dallas (??) should for five successive weeks which citation shall state the application for said sale—the property sought to be sold and the term of the court when the same will be acted on and shall ?? all persons interested in the Well fare (sic) of said minor to appear and show cause why such sale shall not be made as applied for, said application to be acted on at the April Term 1858 of the Court.

Estate JNO. MANNING decd.

At this term of the Court comes up (?) for examination and consideration of the Court, the Account of sale of certain land belonging to the Estate of JOHN MANNING decd. made by GEORGE McGARRAH, Administrator of said Estate under a former (?) order of this Court and a return thereof made and duly noted in Vacation and the Court having inquired into the means in which said sale was made, and being satisfied that [it} is was fairly made and said account in conformity with law. Therefore it is ordered and decreed by the Court that said sale of said lands and the account thereof as filed with the Court be confirmed and that said account thereof be Recorded by the clerk and that a conveyance is made to JOHN S. LOVEJOY the purchaser of the said sale.

 

Guardianship JNO. W. CHILDERS

 

At this term of the court comes JOHN W. CHILDERS a minor heir of ROBERT and EMILY CHIILERS, late of Grant (?) County, Kentucky, over the age of 14 years and made choice of GEO. F. LUCAS as the Guardian of person and estate and the Court being satisfied that said LUCAS is an competent and suitable person to serve said appointment.

 

Page 49

 

Therefore the said LUCAS is herby appointed as such guardian and he is required to give Bond in the sum of ($1800) Eighteen Hundred Dollars and that Letters ip___(?) to him upon his giving said bond & security. Issued.

 

Estate of JACOB KIRKPATARICK decd.—community—At this time of the Court is returned and filed with and for the consideration of the Court an Inventory and appraisement of the community property of JACOB KIRKPATRICK decd. and SARAH J. KIRKPATRICK his surviving Widow made under a former order of this court, which has been duly considered and examined by the Court and is herby approved and ordered to be filed and Recorded by the Clerk of said Court.

 

Estate of BETHEL WIDELL Community

 

At this term of the Court is returned and filed with and for the consideration of the court, an Inventory and appraisement of the community property of BETHEL WEDELL and R. B. WEDELL surviving Widow of said decd., made under a former order of this Court—which has been duly considered and examined by the Court and is hereby approved and ordered to be filed and Recorded by the clerk of said court.

 

The application of JAS. KEELING and ELI BAKER for Settlement Estate SAML. & JANE FRENCH decd. Continued.

 

Guardianship of minor children T. M. ROWLAND decd.

 

Ordered that GEO WHITE, ISREAL C. WILSON and TALTON CUMMINS be appointed appraisers of the Estate of the minors JAS. S. ROWLAND, ELLEN R. ROWLAND, THAIRA V. ROWLAND and TALTON C. ROWLAND, Heirs of THOS M. ROWLAND, decd.

Issued.

 

At this Term of the Court comes GEO. WHITE, I. C. WILSON and TALTON CUMMINS appraisers of the Estate of the minors JAS. S. ROWLAND, ELLEN R. ROWLAND, T. V. ROWLAND and T. C. ROWLAND, Heirs of T. M. ROWLAND decd. together with their guardian and presents to the consideration of the Court an Inventory and appraisement of their property which has been duly examined by the Court and is thereby approved, ordered to be filed and recorded by the clerk of said Court.

 

At this term of the Court to which the final settlement of the estate of THOMAS M. ROWLAND deceased was hereto fore continued, appeared TALTON CUMMINS, Executor of said Estate and on his report this day filed it is ordered that said Executor proceed to pay all attached claims against said Estate…

 

 

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…and that final settlement of the same be postponed to the next regular Term of this Court.

 

Estate of WM POWELL decd.

On motion of JOHN l. LOVEJOY (unreadable) of the Estate of WM POWELL decd it is ordered that WM REGUS, Administrator of the same be cited to appear at the next Regular term of this Court and made and exhibit of the condition of the same.

 

Estate of A. G. COMER (?)

On motion of JOHN L. LOVEJOY a c____? of the Estate of A. G. COMAR (?) it is ordered that LUCY W. ELATON (?) administratrix of said Estate to appear at the next term of this Court and show cause why the debts against the same have not been paid and to render an exhibit of the condition thereof.

Issued.

 

On the motion of JOHN L. LOVEJOY condition of the estates of GEO McNEIL decd & WM. M. GAMBLE, decd, it is ordered that the administratrix thereof be cited to make an exhibit of the condition of the same.

 

Ordered that Court be adjourned until tomorrow 8 o’clock a. m.

 

Tuesday Feby. 25th 1l858

 

State of Texas

Collin County The county court of Collin County met on Tuesday, the 23rd Feby. 1858 pursuant to adjournment, for the transaction of Probate business.

Present Geo. H. Pegues, C. J.

John S. Lovejoy, Clk.

J. H. Lovejoy, Shiff.

By Jas. Jenkins, Deputy

Estate of A. COOPER, dec.

 

It is order that FRANCIS NENGLE, late widow of ALEXANDER COOPER decd., be allowed the sum of One Hundred dollars as a yearly support, which she can sale (?) as the statute point out (this allowance is made in law of an allowance that should have been made at the first time after an Inventory and appraisement of said Estate was returned to this court by the Administrator which the Court failed to make.

It is Ordered that C. A. COOPER, a minor child of ALEX COOPER and be allowed seventy five dollars as a yearly support to be selected as the law points out this order made upon the same grounds that the (unreadable) of Allowance to FRANCIS NAGLE was made.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





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