Probate Minutes - 1857-1868 - Volume C-2


Page 51

 

At this term comes JOHN M. SOLMONS, Administrator of the Estate of MEAZO R. FOSTER decd. and returned an account of sale of 23 ¼ acres of land belonging to said Estate, which sale was made under a former order of this court and the Court having inquired into the manner in which said sale was made and said Report being found and legal and it appearing that said sale was fairly made and in conformity with law. Therefore it is ordered that said sale and the account thereof be and the same is hereby confirmed and Ordered to be Recorded by the clerk and a deed of conveyance be made to H. H. GASSYM (?) the purchaser of said land upon his complying with the Terms of the sale.

 

Estate of SAML. BROWNING decd.

 

At this day came GALATIN SEARCY Administrator of the Estate of said BROWNING decd. and filed his final account for the settlement of said Estate. Therefore it is Ordered that the clerk of this court give 20 days Notice of the time and term when said account will be acted on, which will be the March Term 1858 at the Court House door and two other public places in said county.

 

Estate of A. COOPER

 

At this Term comes LEWIS H. MCNIEL Administrator of the Estate of ALEX COOPER decd. and filed his final account for the settlement of said Estate to be acted on at the March Term 1858. Therefore it is ordered that the clerk of this Court give 20 days notice of the time when said account will be acted on at the Court House door of this county and two other public Places in said County.

 

Community property of F. S. BLANTON & M. M. BLANTON

 

At this day comes R. M. MUGG, A. C. & BENJ. WHITE and F. S. BLANTON and files for the consideration of the Court an Inventory and appraisement of the community property belonging to said F. S. BLANTON and M. M. BLANTON his deceased Wife which said Inventory and appraisement after due consideration and hereby approved and Ordered to be filed and Recorded by the Clerk of this court.

 

Ordered that the application of SARAH SHAW on the probate of the Bill of IEPSOM SHAW be continued until the next term of this court.

 

Page 52

 

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

 

Wednesday, Feby. 24, 1858

 

County Court met pursuant to adjournment. Present as on yesterday and this being the day to which the final settlement of administration account on the Estate of LANCEN CLARK deceased was heretofore continued, the consideration of the same was taken up by the Court, and the same not being concluded to the Court adjourned for the day, untill (sic) tomorrow morning at 8 o’clock.

 

Thursday, February 25th 1858. County Court met pursuant to adjournment, present at on yesterday and the Court proceeding with the consideration of the final account of H. JAMISON administrator of LANCEN CLARK deceased and having concluded the same after a restatement thereof, orders and decrees as follows: that said HARRISON JAMISON as administrator of said Estate is chargeable and accountable for the sum of 1859 dollars and 55 cents on his cash receipts of the funds of said estate. And after deducting errors and excesses of interest apparent on the vouchers filed by said administrator, he is entitled to a credit for disbursements in cash of 1359 dollars and 69 cents and the last sum subtracted from the cash receipts above stated leaves a balance in cash in hands of said administrator of 499 dollars and 95 cents. It is farther conndered (conferred?) by this Court that said administrator is entitled to the sum of 92 dollars and 97 cents his lawful commission on the receipts and to the sum of 88 dollars and 32 cents his lawful commission on disbursements, making in the aggravate the sum of 181 and 29 cents. This last sum deducted from the balance of 499 dollars and 95 cents the sum last stated as remaining in the hands of said administrator, leaves a balance of 318 dollars and 66 cents of the funds of said Estate in the hands of said administrator and it farther appearing to the Court to be just to allow to said administrator the sum of 25 dollars stated in his account this day filed for his services in the safekeeping management and preservation of said estate and the same being deducted from said sum of 318 dollars and 66 cents, leave a balance of 293 dollars and 66 cents in cash of the funds of said estate, and the sum of 130 dollars being by said administrator this day paid unto Court subject to distribution among the heirs of said Estate and the same being deducted said sum of 293 dollars and 66 cents leaves a balance of (unreadable) dollars and 66 cents of The funds of said estate remaining in the…

 

Page 53

 

…hands of said administrator subject to the future orders of this Court and distribution among the Heirs as law of said estate.

 

At this Term of the court comes GEO WHITE, BENJ. F. MATHEWS and J. C. STRANGHAM commissioners appointed at a previous term of this Court to make Partition and distribution of the Estate of JARRATT (JARROT?) HOWARD dec. and present to the Court their Report of divisions but ABIGALE FOREMAN by her Attorney having made it apparent to the satisfaction of the Court that the cash named in said Decree making the appoint of commissioners was not Cash but was a supposed amount in Lien of Personal Property also named therein and both not subject of division. It is hereby decreed that said commissioners proceed to correct and alter said Report So as to make a division equal without said Cash amount of 465 Dollars and again to present the same to this court if possible at this Term for consideration.

 

At this day again Comes GEO. WHITE and BENJ. F. MATTHEWS a majority of the commissioners appointed to divide the Estate of JARROT HOWARD decreased and present a corrected report of the division of said Estate which is hereby confirmed and ordered to be recorded and whereas it appears that an Portion of said Estate in Dallas County which is fully described in said report is thereon represented as incapable of division and valued at the sum of $2725.00 and whereas no exceptions by any of the distributes of said Estate have been made to said valuation and whereas ABIGAIL FORMAN has agreed to take the same at Said valuation provided a credit of twelve months is given. It is hereby ordered that ABIGAIL FOREMEN have until the next regular Term of this Court to file the necessary obligations to the other distributees of said Estate as required by Law.

 

Ordered that court be adjourned until next Regular term.

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

 

Page 54

 

State of Texas County Court Collin County, Texas

Collin County March Term 1858

Be it known that the county court of Collin County, Texas met on Monday the 29th day of March 1858 for the transaction of Probate business.

Present: Geo. H. Pegues Chief Justice

John L. Lovejoy Ccerk

J. H. Jenkins Deputy Sheriff.

WALTER YEARRY having filed in the clerk’s office his account for a Final Settlement of the Estate of ELIZABETH HENDRIX decd. as Executor of the same. Therefore It is ordered that the clerk of the county court give notice thereof as required by law in such cases.

 

In accordance with a citation Issued by the court and duly Served on ANN E. JACKSON administratrix of the Estate of THOS. PHILLIPS decd. she this day appeared and gave a new Bond and security which has been examined and approved by the Court and this security on her former Bond is hereby discharged from all liability for the future acts of said ANN E. JACKSON.

 

At this day and Term of the Court comes JAMES KEELING and A. J. McA_____(McANEIR/McANEAR?) and JOHN M. ____(MILLER?) two appraisers appointed at the previous terms of this court to appraise the community property of the said JAMES KEELING and his deceased wife NANCY KEELING and returned to the Court an Inventory and appraisement of the same, which having been duly considered by the court It is ordered and adjudged that the same be confirmed and the clerk ordered to Record the same.

 

At this time of the court the Petition of said G. THOMAS for letters of Administration upon the Estate of WM. PERRIN decd, was taken up for consideration it appearing that said Petition had been filed with the clerk of the court more than ten days previous to the first day of this term and that the clerk of the court has given more than ten days notice of said Petition as required by law and the said THOMAS is a competent and suitable person to ________ said Appointment. Therefore it is Ordered and adjudged this said THOMAS be appointed Administrator of said Estate and that he give Bond in the sum of $16,000.00 and that thereupon he receive letters of Administration of (unreadable).

 

Page 55

 

Ordered that ROBT. H. BROWN, W. M. HERRON and WM. BEVERLY and they are hereby appointed appraisers of the estate of WM. PERRIN.

Issued.

 

At this term of the Court to which the settlement of the final account of TALTON CUMMIUS and WLLIAM B. WEAR Executors of the Estate of THOMAS M. ROWLAND deceased was hereto fore continued appeared said WEAR and CUMMIUS and filed their final account and report with vouchers showing after the satisfaction of all claims a cash balance on hand subject to distribution among the Heirs at Law of raw estate of 32 dollars and 84 cents and the said report account having been examined and approved and said sum of 32 dollars and 84 cents being paid into Court subject to the claims of the Heirs at law. It is considered and adjudged by the Court that said Executors be finally discharged from said administration.

 

Estate of ALBERT N. (?) WILLIAMS

 

At this day and Term of the Court comes ALBERT N. WILLIAMS, minor heir of STERLING E. WILLIAMS decd. over the age of 14 years and made choice of J. H. A. WALKER as the Guardian of his Estate for the future and the Court being satisfied that he is a suitable and competent person to m______ said appointment. Therefore it is ordered that he be appointed such Guardian and that he give Bond in the sum of $2,300 dollars and that thereupon letters issue to him

 

Estate of WM. P. (?) HASACK (?)

 

At this day and term of this court the Petition of SANFORD BECK was taken up. Which Petition asks for letters of Guardianship on the Estate of WM. S. HASACK and the court having duly considered the same and being satisfied that said BECK is a competent person to receive the same and that legal notice of the filing said Petition has been given. It is ordered and deemed by the Court that said BECK be and _________ appointed Guardian of said W. S. HASAK and give Bond the sum of one Thousand dollars & that therefore letters issue to him. Issued.

 

Page 56

 

Ordered that the County Court of said County adjourn until tomorrow morning 8 o’clk.

Present as on yesterday

Geo. H. Pegues Chf. Justice

J. L. Lovejoy Clerk

J. H. Jenkins Deputy Clk. (sic)

 

Ordered that GEO WHITE, LEVI WILSON and TALTON CUMMINS as appointed appraisers of the Estate of the minors, NATHAN ROWLAND, AMANDA ROWLAND and SOPHIA ROWLAND, heirs of T. M. ROLAND (ROWLAND?) decd.

 

Ordered that GEO. WHITE, LEVI WILSON and W. B. WEAR are and they are appointed appraisers of the Estate of the minors JOHN W. ROWLAND, THOS. M. ROWLAND & NANCY C. ROWLAND, Heirs of THOS. M. ROWLAND, decd.

 

At this day and Term of the court comes JAS. T. FISHER Admr. and ROBT. FITZHUGH, WM. SNIDER and JOSEPH HIXON appraisers of the Estate of J. MILLER decd. and returned to the consideration of the court an additional Inventory and appraisement of Newly Discovered Property belonging to said Estate which has been examined and approved by the Court and ordered to be filed.

 

At this day and Term of the court comes JAMES KEELING and ELI BAKER Administrators of the Estate of SAMUEL and JANE FRENCH decd. and announced themselves Ready for the settlement of their final account filed at a former term of this court and continued by order of the court. Other term and the court upon said announcement having taken up said account and having duly Examined that same with the exception that (?) and having restated the same, as shown by referenced to the account and upon auditing, and settling said account, it appears that their (sic) is get (sic) in the hand of said Administrators the sum of eighteen hundred and seventy seven 67/100 dollars remaining as a cash Balance (sic) and that their (sic) is about one hundred and thirty acres of land belonging to said Estate in their hands which money and lands is in the opinion of the Court subject to Partition and distribution among the Heirs entitled thereto and MARJON FRENCH and PEACHY ELLEN FRENCH two minor Heirs of said Estate being represented in Court by JAMES KEELING their legal Guardian, the Court first having been satisfied by ___of that legal notice has given of legally (?) said account by the clerk of this court (unreadable)…

 

Page 57

 

…it is ordered, adjudged and ordered by the court that said money and land be partition(ed) and distributed as follows (to wit): to ANN DUNCAN wife of (blank) DUNCAN, LOUISA FOWLER, wife of JOHN FOWLER, JOHN FRENCH, MARION FRENCH, WM. RANDOLPH FRENCH and PEACHY E. FRENCH Adjudged to be the Heirs of the said SAML. and JANE FRENCH decd. on part each, equal to one Seventh of said money on hand and said land, which is hereafter described by meats (metes?) bounds it is further Adjudged that ROXY ANN FRENCH wife of N. B. FRENCH decd. and JAS. S. FRENCH, child of said FRENCH decd. are heirs of said Estate entitled jointly on seventh part of said Estate, their part in this division to be set apart to the Heirs of N. B. FRENCH decd. It is Therefore Ordered and decreed by the court that A. T. ROBERTSON, JOH. M. MILLER & A. J. McANEAR (?) be and they are hereby appointed commissioners to make partition of said money above named and the land hereafter described.

1st tract in Collin Co., Texas containing (20) twenty acres of land, a part of a Survey of [blank] acres made in the name of JOHN CUMMINGHAM, a part of Section No. 25 Township No. 1 N 1 Baseline in Range 2 East 1st Meridian by Virtue of Colony Headright.

2nd tract in said County containing 21 acres Known as fractional Section 24 Township 1 (?) North 2 Baseline Range 2 East first Meridian Pattented (sic-patented) in the name of DAVID HOWARD.

3rd tract being a part of said CUMMINGHAM’S HR Beginning at the NE cor. Said 21 acre survey. Thence East Rods five chains & 8 links to HENRY HAHN’S line. Thence south 459 34/100 v. thence West 11 Rods 5 chs. 8 links to the S. E. Cor. Said 21 acre survey. Thence north 459 39/100 vs. to the Beginning.

4th tract being a part of BENJAMIN WHITE HR (Headright) Survey Beginning 23 ¾ Rods from the North West corner of said WHITE H. R. a stake from which a p________mks x br. S 29 W 66 cks. Thence East 168 rods to an ash in the West bank East Fork from which a Red Elm mrk X brs. N 45 W 14 links Thence South and East with the boundary of said stream to a point 76 Rods & South 24 Rods East said corner a stake from which a Red Elm mrkd X brs. S 9 lks Thence West 20 (?) Rods a stake from which a ____(?) Oak mked X brs. N 62 W 6 lks. Thence North 76 Rods to the Beginning containing 81 acres of land. It is further after due inquiry adjudged that no amendments (?) have been made to any of the above named tracts.

 

Page 58

 

It is further adjudged by the court that the aforesaid Heirs are residents of Collin County said State except ANN DUNCAN who is a resident of the state of _______________ (blank).

It further appears that MARION and PEACHY E. FRENCH are represented by their legal Guardian JAMES KEELING that being (unreadable)

It further appears that JAS. FRENCH represented in court having no legal Guardian Therefore it is ordered that BUFORD HENRY be appointed Guardian Ad (Litem?) to represent him in said Partition and distribution. It further appears that JOHN S. FRENCH and W. R. FRENCH are represented by SIMS FOWLER legal Guardian. It is ordered that J. H. HARBEGUBE (?) appointed atty. to represent ANN DUNCAN in the partition and distribution said Estate.

It is further ordered that the clerk issue a writ (unreadable) commanded them to make notice of the proceeding at the next (unreadable) of this court 1858.

Issued.

 

Ordered that court adjourn until tomorrow Morn 8 O’clk.

Wednesday March 3e1st 1858

The county court of said county met on Wednesday the 31st pursuant to adjournment.

Present Geo. H. Pegues C. J.

J. S. Lovejoy Clk.

J. H. Jenkins Deputy.

At this Term of the Court come GALLITAN SEARCY admr. of the Estate of the Estate (sic) presented at the last Term of this Court be finally acted upon and proof having been made that notice having been taken to said Court and the same appearing just. It is hereby approved and allowed—from said account it appears that said administrator has secured in all the sum of $121.60—That he has paid out the sum of $53.10—That the expenses of this Court not settled and of this Term will amount to $10.40—Two days attending of said Admr. at This Term $4.00—Expenses of (unreadable) for presenting said receipt and for final discharge $2.00—Commissioners which will leave in the hands of said administrator the sum (unreadable) And none of the Heirs, Devisees or Legatees of said Estate or their (unreadable) appearing in this Court and not being represented in Court. It is therefore (unreadable) ordered that said administrator pay the said sum of Thirty (unreadable) nine & 44/100 dollars into the Treasury of the State of Texas.

 

Page 59

 

Estate EDWARD BRADLEY decd.

 

In the case of the Petition of

JAS. S. BRADLEY Heir of EDWARD

BRADLEY decd. for Partition &

Distribution of said Estate

 

The application of JAMES S. BRADLEY one of the Heirs of EDWARD BRADLEY decd. having been taken up for consideration by the Court and after due examination and consideration by the Court. And after due examination and consideration by the Court It appearing that citation has been served on all those entitled to shares or interested in said Estate as required by law It is adjudged by the court that NANCY BRADLEY Widow of said deceased, MARY A. HOWELL, SARH W. LUCAS, THOMAS T. BRADLEY, JAS. S. BRADLEY and DANIEL (?) S. BRADLEY are the persons entitled by law to partition & distribution all of Collin Co. said state except MARY A. HOWELL who is a citizen of Wise County said State and are all of legal age.

It is further adjudged that the said NANCY is entitled to receive one half of all the lands of said Estate, it being community Lands and a life term Estate in on one third of the other half which is to be set apart to the Heirs with the reservation of said life time Estate to the said NANCY. It is further adjudged that said NANCY is entitled to a partition of the personal Estate equal to two thirds (?) of the same, that is of the personal community property and it is further adjudged that MARY A. HOWELL, SARAH W. LUCAS, THOS. T. BRADLEY, JAMES S. BRADLEY and DANIEL S. BRADLEY are each entitled to one equal partition of one half of said Community land and two thirds of the community personal of said Estate—except the reservation of the life time Estate to the said NANCY on said land-the Commissioners are to make said life time Estate be as equal upon the shares of the said MARY A. HOWELL, SARAH W. LUCAS, THOS. T. BRADLEY and JAS. BRADLEY and DANIEL S. BRADLEY. It further appearing that no advancements have been made to either or any of said distributes the following is a description of the land to be partitioned as above to wit: In Collin County, Texas being a part of the Peters Colony Headright of EDWARD BRADLEY decd. near and S. W. of McKinney of 320 acres containing about 180 acres being all that portion of said Headright unsold at the death of the EDWARD the personal property to be partitioned…

 

Page 60

 

…is described as all those Article remaining on hand contained and described in Inventory having date (?) 25th Novr. 1856 now on file in the clerk’s office.

Therefore it is ordered that GEO. WHITE, MR. PAUSH and J. H. LOVEJOY be appointed commissioners to make Partition and distribution of said Estate of said BRADLEY decd. in accordance with the above decrees a copy of which the Clerk shall furnish them and that a Writ of Partition be issued commanding them to proceed forthwith to make said Partition and distribution in accordance with the above decrees also commanding them to make a return of said writ and their actions under the same to the next term of this court.

 

Ordered by the Court that WILLIAM C. McKINNEY, EZIEKIAL ROLAND [ROWLAND?] and WILLIAM MARTIN be and they are hereby appointed appraisers of the Estate of the minor ALBERT N. WILLIAMS.

 

 

Whereas at a previous term of this Court the Commissioners appoint to make a partition of he Estate of JARROT HOWARD decd. between the Heirs of said estate and it appearing from the Report of said Court that a portion of the landed Estate is not suitable of division to wit: a certain tract of land in Dallas Co., containing (blank) acres and whereas ABIGAL FOREMAN, Widow late of the said JARROT, decd. has argued to take said land which is fully described in the report of said comrs. [commissioners] And an the advancement that have been made to each of said Heirs have been duly considered and provided for, by the Court and the said ABIGAL having given Bond and approved security for the Vallue (sic) of said land as given by said comrs. To the persons entitled hereto (?) which Bonds any made payable to twelve months after oath (?) thereof. It is ordered that said Bonds be and they are hereby approved and Ordered to be filed and the title of said lands are hereby ordered and divided to be vested unto the said ABIGAL FOREMAN wife of WM. FOREMAN.

 

Ordered that Court be adjourned until next term.

 

Page 61

 

State of Texas County Court Collin County April Term 1858

County of Collin

Be it Know that the county court of Collin County met on Monday the 26th day of April A. D. 1858 for the transaction of Probate business.

Present Geo. H. Pegues Chief Justice

John L. Lovejoy Clerk By

Buford Henry Dept. Clerk

Jas. H. Lovejoy Sheriff By

Jas. H. Jenkins Depty sheriff.

 

This day come ANDREW J. LEWIS and whereas it appearing to the satisfaction of the Court that an notice has been given of the application of said ANDREW J. LEWIS to take out Letters of Guardianship upon the persons and Estates of ROBERT P. CHILDERS and SARAH E. CHILDERS heirs at Law of ROBERT CHILDERS and EMILY CHILDERS deceased, Minor heirs of said Estate.

It is therefore ordered by the court that the said ANDREW J. LEWIS be and he is hereby appointed Guardian of the person and Estate of Said ROBERT P. CHILDERS and SARAH E. CHILDERS minor heirs at Law of the said Estate of ROBERT CHILDERS and EMILY CHILDERS deceased, said ANDREW J. LEWIS being required to give bond in the final sum of $1400 Dollars.

 

In the case of the Petition of

JOHN C. BATES for sale of

Real Estate of E. CHENOWORTH.

 

His Ward. On the application of JNO. C. BATES Guardian of ELIZABETH CHENOWORTH the following order was made. The Court being satisfied that the citation (?) on the said application has been published according to law and having heard the said application and (unreadable) being made there co. (?) and the Court being satisfied that a lien exists on said property & that a necessity for the sale of a portion thereof exists. Therefore it is ordered by the Court that said JOHN C. BATES Guardian as aforesaid proceed to sell the following described piece or parcel of land at the Court House door in the County of Collin and town of McKinney on the first Tuesday in June 1858 to the Highest bidder for cash (to wit) one Hundred (100) acres of land in a square from out of the South East Corner of a seven Hundred and fifty (750) acre tract allotted to the said ELIZABETH CHENOWORTH by the Commissioners appointed by the Dist. Court of said County out of the Headright of HARDES (?) T. CHENOWORTH and that…

 

Page 62

 

…and that (sic) He the said Guardian report his action in the previous at the next term of this court, after said sale.

 

At this day comes FIELDEN TWEEDLE and MOSES JONES, executors of the Estate of W. G. HAYWARD decd. And filed their Annual exhibit which has been examined and approved by the County & order to be filed.

 

Ordered that court be adjourned until tomorrow morning 8 O’clk.

 

State of Texas County Court Collin County

Collin County April Term 1858.

 

The County Court of said County met pursuant to adjournment on Tuesday 27th April 1858

Present Geo. H. Pegues C. J.

John L. Lovejoy Clk

J. H. Lovejoy sheriff

By J. H. Jenkins Deputy

 

 

In the Estate of WM. PERRIN decd.

Orders &c.

1st. At this time of the Court comes DAVID G. THOMAS Administrator of the Estate of WM. PERRIN decd. and files with the Court an Inventory and Appraisement of the property of the said Estate so far as has come to his Knowledge which said Inventory and appraisement has been examined by the Court and is hereby approved.

2nd. IN Accordance with Article No. 1153 Hartley’s Digest it is Ordered by the Court that DICY PERRIN, Widow of WM. PERRIN decd. be allowed the sum of One Hundred & twenty five dollars for her maintenance for the term of one year there being no minor children, which said allowance shall be paid by the Adm. of said Estate out of the first funds of the Estate that may come into his hands or in such personal effects of the decd. as said Widow may choose to take at the Appraisement or a part thereof in such as she may select.

3rd. In conformity with the provisions of Article No. 1154 Harley Digest It is ordered that all such property as is exempt from execution of force (?) sale by the constitution and laws of this state be and the same is hereby set part for the use (?) and hereby of DICY PERRIN Widow of WM. PERRIN decd. tried (?) the Homestead, including two Hundred acres of land in Vallue (sic) two Hundred dollars, Implement of Husbandry not to exceed fifty dollars in vallue (sic) all (unreadable) implements (unreadable) one Horse, twenty Hogs.

 

Page 63

 

4th It is ordered that all the personal property contained (?) in the Inventory of the Estate of WM PERRIN decd. now on file not set apart in Kind for the purposes stated in the two proceeding orders be sold at public auction on the Highest bidder in a (?) of six months on Tuesday the 11th day of May 1858 after giving legal notice of the time and place of sale, taking good security for the purchase money.

 

 

Estate of ELIZABETH HENDRICKS decd.

 

It is ordered the court that WALTER YEARY Executor of the Estate of said decd. p____D wpay (?) over to the Heirs entitled to shares of said Estate their Expenative (?) shaws (shares?) and take _____ (property?) thereof.

 

In the Estate of Wm. G. HAYWOOD decd.

 

Ordered by the Court that the Executors of the Estate of WM. G. HAYWOOD pay off all the performance claims against said Estate that have been allowed by them.

It is further ordered that a pro rata payment of 61 cents on the dollar be made by the said Executors of said Estate on $1193.36. Claims Against said Estate of WM. G. HAYWOOD
and LEWIS HAYWOOD of the second grade made the provisions of the Will of the said W. G. HAYWOOD decd.

It is further Ordered that a pro rata payment of 23 cents 9 ½ mills on $826.52 second class debts against the Estate of WM. G. HAYWOOD decd. be made to the Holders of said claims.

 

It is ordered that the exhibit filed by the Executors of the Estate of WM. G. HAYWOOD decd. be approved & filed the same having been duly Examined by the Court.

 

Ordered that the commissions appoint at the last time of this court to made partition and distribution of the Estate of EDWARD BRADLEY decd. have until the next time of this court to make partition and their report of the same to this court.

 

 

Page 64

 

At this Term of this Court appearing that Notice as required by law has not been given of the application of WM SLACK and other for partition and Distribution of the Estate of SANDSON (LARCEN)? CLARK decd. It is Therefore ordered that the consideration of said application continues until the next term of this court.

 

It is Ordered by the Court that the Application of LEWIS H. McNEAL Administrator of the Estate of ALEX COOPER decd. for Final Settlement of aid Estate continued until the next term of this Court.

 

At this day come ALVIS H. JACKSON and ELIZA his wife and others heirs at law of ROBERT SCAGGS (SKAGGS?) deceased by ALEX BERRY their attorney and on their motion it is ordered that A. T. ROBERTSON administrator of said deceased be required to return an inventory and appraisement of the real property or landed estate of said ROBERT SCAGGS deceased, or show cause to the contrary at the next regular Term of this Court, and that said administrator be served with a copy of this order.

 

Ordered that court be adjourned until tomorrow morning 8 o’clock.

 

State of Texas The County Court of said County met pursuant to adjournment for the

Collin County for the transaction of Probate business.

Present is as yesterday

G. H. Pegues.C. J.

John L. Lovejoy Clk.

J. H. Lovejoy Shff.

 

It is Ordered that the Executors of the Estate of WM. G. HAYWOOD decd. proceed to hire out two Negroes ARCH and SAMUEL belonging to said Estate from month to month so long as they may think proper or until the court may order a deposit (?)----disposition of the said Negroes to be made…

 

Page 65

 

State of Texas The County Court of Collin County met on Thursday the 29th April 1858

Collin County pursuant to adjournment.

Present as yesterday

G. H. Pegues C. J.

J. L. Lovejoy, Clk.

J. H. Lovejoy Sf

J. H. Jenkins depty.

 

 

Ordered that GEO. WHITE, JOHN FARRIS and J. J. HARRISON be and they are hereby appointed appraisers of the property belonging to the minors ALBERT___ WILSON, JAS. D. WILSON and ALBERT WILSON, Heirs of ALBERT G. WILSON decd. late of Hakman (Hickman?) Co. Tenn. Issue.

 

At this day come GEO. WHITE, JOHN FARRIS and J. J. HARRISON, appraisers of the estate of ALBERTINE (?) WILSON, JAS. D. WILSON and ALBERT G. WILSON and made return of and appraisement of the property of said minors which has been examined by the court and is herEby approved and Ordered to be filed. _____ come W. A. WILLIAMS the guardian and files an Inventory which has be examined and is hereby approved and Ordered to be filed.

 

At this time comes THOMAS M. SCOTT (?) administrator of WM. M. SHIRLEY decd. and presents his annual report and exhibit showing the condition of said estate which are received and ordered to Be filed and it appearing from said report that is could be for the interest of said estate that a suit now pending in the District Court should be dismissed it a (?) considered by this Court that the action of said administrator herein be approved and it farther appearing from said report and exhibits that there is an available fund on hand subject to the payment of debts of 658 dollars and 82 cents and outstanding debts to the amount of 844 dollars and this court on a estatement (?) of said account being of opinion that the item of 175 dollars and 32 cents reports as already paid at par or per voucher No. 6 was improperly so paid and said item being brought back on account as an unpaid claim and allowance being made for expenses of administration outstanding. It is considered and adjudge by the court that said administrator proceed to pay out of the funds on hand the sum of 60 cents on the dollar of the claims outstanding as above stated.

 

Page 66

 

At the time of this court comes WABY (WESLEY?) A. WILLIAMS, guardian of LOUISA WILLIAMS, SARAH JANE WILLIAMS and ________W. WILLIAMS and returned to this court an Inventory of the Property belonging to the said minor ______been examined and is hereby approved.

 

Ordered that WESLEY A. WILLIAMS Guardian ALBERTINE, JAMES D. (?) and ALBERT G. children of ALBERT G. WILSON decd. proceed to hire at Public Auction on Monday the 10th day of May 1858 until 25th Dec. (?) 1858 the following Negroes until (?) CAMBRIDGE, HARRISON, AUSTIN and MARREL (?) on a credit until the expiration of the Hire.

 

Ordered that W. A. WILLIAMS, Guardian [to] ALBERTINE WILLSON (WILSON), JAS. D. WILLSON (WILSON) & ALBERT G. WILSON minors be allowed the sum [of] forty dollars to support and clothe infant Negro children APRIL (?), ELIZA, CASSANDA and S____ belonging to the Estate of said minors.

 

Orders that Court be adjourned.

Geo. H. Pegus. Chief Justice

 

 

Page 67

 

 

State of Texas County Court, Collin Co.

Collin County May Term 1858

Be it known that the County Court of said Court met in Monday the 31st day of May 1858 for the transaction of Probate business. Present:

Geo. H. Pegues C. J.

J. S. Lovejoy Clk.

J. H. Lovejoy Shiff.

By J. H. Jenkins Depty.

 

At this time of the Court comes J. O. STRAUGHAM (STRAUGHN) by Petition praying for Letters of Guardianship on the Estates and Persons of JARRET, SAMUEL, IGNTHA (LUCETA?), HARMAN (HARMEN?) and JAS. HOWARD______________________________minor heirs of JARROT HOWARD decd. and its court being satisfied that Legal notice of the filing of said Petition. It is ordered that said J. O. STRAUGHAM are and hereby appoint guardian of said minors and that he give bond in the sum of fifteen thousand dollars and that letters be issued to him as such Guardian.

 

At this Term of he Court to which the partition of the estate of LANCEN CLARK deceased was heretofore continued it appeared to the court that MAHTILDA (MATILDA) LYLES, wife of HOWARD H. LYLES, and one of heirs of said deceased is not present as required in Court and it further appearing that said HOWARD H. LYLES and wife reside (?) in Collin County and State of Texas it is ordered that they be cited to appear at the next regular Term of this Court to show cause if they can why partition and distribution of said estate should not be made as prayed for.

 

Whereas upon an Examination of an Order made at the March Term of this Court for the partition and distribution of the Estate of EDWARD BRADLEY decd. it found that there was an Error made therein in the apportionment between the Heirs thereof. So it therefore hereby ordered that this commissioners mentioned therein proceed to divide all the property it being Community property into two equal portions and to allow one portion to NANCY BRADLEY, the widow of said EDWARD decd. and to divide the other equal portions into five equal parts and to allow one of said equal parts to each of the other heirs mention in said order.

 

Page 68

 

May Term A. D. 1858

 

At this day comes MALINDA E. SHAW and presents in accordance with her petition hereto fore filed in this court the Last will and Testament of SEABORN SHAW deceased for Probate and it appearing to the satisfaction of the court that due notice of this application had been put up and published as required by Law. Said will is admitted to probate on the clutten (?) affidavit of WILLIAM G. DEWEY one of the Subscribing witness thereto which with said will is filed and ordered to recorded and it is further ordered by the court that Letters testamentary ipsum from this court to the person named in said will upon her filing her bond for the sum of Ten thousand Dollars payable and conditioned as the Law requiring.

 

Ordered that the court adjourn until tomorrow morning 9 o’clock.

Tuesday morning court met and was present and presiding as on yesterday.

 

Estate of SAMUEL & JANE FRENCH Decd.

Now come into open court A. T. ROBERTSON, J. M. MILLER and A. J. McANEAR commissioners heretofore appointed by the court to partition and divide the Land and moneys (sic) belonging to the Estate of SAMUEL and JANE FRENCH deceased and submitted their report and it appearing to the Satisfaction of the court from the report filed by said commissioners that the Lands belonging to said Estates were not susceptible of division without material injury to __________thereof and the said commissioners having valued the said Land at $9 per acre and it further appearing to the Satisfaction of the court that no one or more of the Distributees (?) were willing to take said Land at its appraised ale. It is therefore ordered by the court that JAMES KEELING and JOHN (?) BAKER administrators of the said Estates proceed to sell the followed described tracts of Land on a credit of Six months after giving due notice of the time and place of said sale to wit: one tract of twenty one acres situated in Collin County Known as fractional Section No. 24 in Township No. 1 No. ___Base line Range two E of the 1st Meridian and Conveyed to SAMUEL FRENCH by SOLOMAN HINES and MALINDA heirs by deed bearing date 7th day of December 1854. __one other tract of twenty Eight acres Lying in Collin County one the waters of of the East fork of the Trinity River out of the Headright of BENJAMIN WHITE conveyed by Deed from BENJAMIN WHITE TO SAMUEL FRENCH bearing date December 9th 1854—one other tract containing about 14 (?) acres situated in Collin County conveyed to SAMUEL FRENCH by deed from (unreadable) L. BLANTON & MARY M. BLANTON bearing date 7th day of …

 

Page 69

 

..of December 1854. Beginning at the North East corner of a Survey of twenty one acres of Land Patented to DAVID HOWARD--one other tract containing twenty acres convey to SAMUEL FRENCH by bond from RICHARD M. MUGG, bearing date 7th day of December 1854. Situation in Collin County, Beginning at the North West Corner of a Survey in the name of BENJAMIN WHITE of 640 acres thence south, thence West thence north, thence East, thence South, to the Beginning and it is further Ordered by the court that the above described Land be sold by said Administrators to the highest bidders at the Court house Door in the town of McKinney on the first Tuesday in July 1858.

 

Estate of EDWARD BRADLEY Deceased.

Now at this time comes into court GEORGE WHITE, MATHEW R. PARISH & JAMES L. (?) LOVEJOY Commissioners appointed at the March Term of this court to partition and distribution of the Estate of EDWARD BRADLEY deceased, and submit their report which is ordered by the court to be filed and recorded.

 

Estate of LEWIS HAEYWOOD Deceased

Application for Letters of Administration. Now come (blank) COFFMAN, the applicant for Letters of Administration on said Estate and at his suggestion his application is continued until the next term of this court.

 

Now comes into court (blank) COLEMAN and at his suggestion his application for Letters of Guardianship of the Person and Property (blank) HAYWOOD minor heir of LEWIS HAYWOOD deceased is continued until the next term of this court.

 

Estate of ALEXANDER COOPER Deceased.

Now comes LEWIS McNEAL Administrator of said and on his motion his account for final Settlement heretofore filed in this court is continued.

 

Ordered court adjourn until the next Regular term.

Geo. H. Pegues, C. J.

 

Page 70

 

State of Texas County Court Collin Co.

Collin County June Term 1858

 

The County Court of Collin Co. met on Monday of 28th June 1858 for the transaction of Probate business.

Present: Geo. H. Pegues C. J.

J. L. Lovejoy Clk.

J. H. Jenkins Deputy Shiff.

 

At this Term of the Court the following proceedings were had.

Ordered that JOHN M. COPE, JAMES COPE and WILY (?) GROVES be and they are hereby appointed appraisers of the Estates of SEABORN SHAW decd.

 

At his Term of the court comes J. M. HUFFINES, Guardian JONAS HUFFINES, and made his annual exhibit of the condition of the Estates of said JONAS and mode settlement of his accts. of said Estate which have been approved and ordered to be filed.

 

At this Time of the Court comes HARRISON JAMISON Administrator of the Estate of SANDERSON (LANCEN?) CLARK decd. and pays unto Court the sum of one Hundred & sixty three dollars & sixty six cents the entire amt. due from him on a final settlement of said estate, made at a previous time of the court. Therefore it is ordered and decreed by the court that said JAMERSON be and he is hereby discharged from said amt. of cash settlement.

 

J. Z. (?) A. WALKER Application for Partition

& L. L. WALKER

Vs.

ALBERT N. WILLIAMS, Minor

Ordered by the Court that J. J. DICKERSON Esq. as appointed Guardian ad litem of the minor A. N. WILLIAMS and thereupon said Guardian appearing in Open Court and admitting the fact s_____ in said Plaintiffs Petition and consenting that commissioners be appointed to partition and divide the property mentioned in Petif’s Petition equally between Pltifs and Defts. It is therefore Ordered…

 

 

Page 71

 

ISSAC McMINNY (?), WM. McRENNEY and JOSEPH S. KELLY be appointed commissioners to divide said property tract and negro woman and her four children equally between said Pltfs. (Plaintiffs) and deft. (defendant) Giving to said one half and that said commissioners as notified of their appointment and equisted (requested?) to report to the next term of this court.

 

At this Term of the court comes WILSON and ASBURN SKAGGS minor Heirs of ROBT. SKAGGS decd over the age of 14 years and made choice of ELIZA JACKSON as their future guardian of Person and Estate and the Court being satisfied that said JENKINS is a suitable & competent Person, Therefore it is ordered that said JACKSON be and she is hereby appointed the Guardian of the Persons and property of the said minors and that she is give bond in the sum of four thousand dollars and then (?) thereupon Letters issue to her.

 

 

Ordered that court be adjourned until tomorrow morning 8 o’clk.

 

Tuesday June 29th

County Court met pursuant to adjournment Present Geo. H. Pegues C. J.

J. L. Lovejoy Clk.

J. H. Lovejoy Shiff.

 

Ordered that the Consideration of the Petition of the Heirs of S. CLARK decd. for partition be continued until the next term of the Court and it is ordered that H. H. LYLE and MATILDA LYLE be cited to appear at the next term of the Court and show cause if any why partition of said Estate shall not take place.

 

Ordered that Court be adjourned until tomorrow morning 8 oclk.

 

Page 72

 

State of Texas Wednesday June 30th 1858

Collin County The county court of Collin County met on Wednesday 30th of June Pursuant to Adjournment.

Present Geo. H. Pegues, C. J.

J. S. Lovejoy Clk.

J. H. Lovejoy Shiff

 

Order that GEO. WHITE, B. F. MATHEWS and (blank) be and they are hereby appointed appraisers of the Estate of JARROT HOWARD, SAML. HOWARD, HARMAN HOWARD, JAS. HOWARD and SYNTHA HOWARD, minor Heirs of JARROT HOWARD decd. at this Term of the Court come J. O. STRAUGHAN Guardian of the above named Heirs and GEO. WHITE and B. F. MATHEWS appraisers and returns to the Court an Inventory and appraisement of the Property of said Heirs which has been examined and approved.

 

Ordered that J. O. STRAUGHAN, Gr. (Guardian) of the minor Heirs JARROT, SAML., HARRON, JAMES, and SYNTHA HOWARD be and he is hereby authorized to sell at Public auction or private sale as he may deem best some 75 or 90 head of cattle more or less, an Indian pony and a colt belonging to the above named Heirs and that He apply the proceeds thereof to the satisfaction of the claims against the said Estates and for the support Education of said wards.

 

At this Term of the Court Comes up The account of sale of 100 acres of land made by JOHN C. BATES Guardian of ELIZABETH CHENOWORTH, under form Order of this Court for consideration & adjustment by the Court and said account being in due form of law and It appearing that said sale was fairly and legally made by said Guardian Therefore it is Ordered adjudged and decreed by the Court that said sale and account of sale be confounded (confirmed?) and that said Guardian made title to the purchaser of said land EDWARD HIGLY in accordance with the law in said case of sale be Recorded.

 

 

Page 73

 

Ordered that the application of G. A. FOOTE praying that JESSE PORTMAN ADM. J. VANDEMAN be cited to give new Bond & security be continued and that citation as issued commanding said PORTMAN to appear at the next term of this court and give new bone &c.

 

Ordered that court be adjourned until the next Regular term.

Ge. H. Pegues.

 

Page 74

 

State of Texas County Court Collin Co.

 

Collin County Special Term 1858

The Co. Court met on Monday July 12th 1858. Present. Geo. H. Pegues C. J.

 

Ordered by the Court that M. C. TALKINGTON Guardian of C. B. TALKINGTON proceed to (?) out 40 acres of land belonging to said minor on the 24th day of July 1858 to the Highest bidder giving at least ten days notice at the court House door in McKinney & time other Public places in Collin Co. said to be near on the premises of said C. B. TALKINGTON

G. H. Pegues

Chief Justice

 

Estes of Wm. G. HAYWOOD Decd.

 

State of Texas

Collin County County Court, Collin County. In Vacation July 21st 1858.

Present Geo. H. Pegues Chief Justice, V. J. L. Lovejoy, Clerk.

Ordered by the court that WILLIAM ROBERSTON, FRANCIS CHEVEY and WALTER YEARY be and they are hereby appointed appraisers to appraise a portion of the property belonging to the Estate of WILLIAM G. HAYWOOD deceased which has lately come into the hands of the Executors upon said Estate.

 

Page 75

 

July 26th

 

State of Texas

County of Collin County Court Collin County July Term A. D. 1858.

Be it known that the County Court of said County met on Monday the 26th day of July A. D. 1858 for the transaction of Probate business:

Present:

Geo. H. Pegues Chief Justice

E. Higby Deputy Clerk

J. H. Jenkins Dept Sheiff

Now at this day came JESSE C. PORTMAN administrator upon the estate of JEREMIAH VARDEMAN Deceased and filen a new Bond in pursuance of the order of this Court Made at the last term with WILLIAM A. PORTMAN and SAMUEL L. JENKINS as Security which was approved by the court and ordered to be filed.

In the matter of the Estate of

SAML. and JANE FRENCH Decd. JAMES KEELING and ELI BAKER administrators upon the Estates of said Deceased having filed their report of the Sale of real estate belonging to said Estates and it appearing that the sale made by them is in all things fair and regular and in pursuance of law, It is ordered that Said sale be and the Same hereby is in all things confirmed and that said Administrators make and execute to the purchaser FRANCIS MARION FRENCH a deed to the land so sold upon his securing to them the Sum of Eight hundred and one dollar payable in Six months from this day by mortgage on Said lands and good personal Security.

 

In the matter of the estate of

WILLIAM G. HAYWOOD Decd. MOSES JONES & FILDEN TWEEDLE Executors of the last will and testament of WILLIAM G. HAYWOOD Deceased appeared in open Court and filed an additional Inventory of property that had lately come into their hands as such Executors together with the apraisal (appraisal?) thereof which was ordered to be filed and recorded.

 

Estate of ALBERT N. WILLIAMS, a minor

Now at this day comes J. Q. A. WALKER Guardian of the person and estate and estate (sic) of ALBERT N. WILLIAMS and asks that appraisers be appointed to appraise the estate of his said ward. It is therefore ordered by the court the WILLIAM E. McKINNEY, ISAAC A. McMINNAY & J. H. JENKINS be appointed such appraisers and that they report their act to this court at the present or the next succeeding Term of this Court.

 

Page 76

July 26th

 

 

In the matter of the application of BARBARY SCHLUTER under the act of the Legislature of the State of Texas approved August 26th 1856 for the appointment of appraisers to appraise the Community property of herself and her Deceased Husband JOSEPH SCHLUTER. Ordered that JOHN M. KINCAID, JESSE C. PORTMAN & ISASC. N. FOSTER be appointed such appraisers and that they return their action in the premises to this court on or before the first day of the next Term thereof.

 

Estate of ISAAC TALKINGTON Decd.

M. C. & L. M. TALKINGTON administrators upon the Estate of ISAAC TALKINGTON Deceased appeared and presented their annual report of the Condition of said

Estate which was approved and ordered filed.

 

Estate of C. B. TALKINGTON, a minor

M. C. TALKINGTON, the guardian of the person and estate of C. B. TALKINGTON a minor appeared and presented his annual Report of the Condition of said Estate which was approved and ordered to be filed.

 

 

Estate of E. J. TALKINGTON, a minor

L. M. TALKINGTON the guardian of the person and estate of E. J. TALKINGTON a minor appeared and presented his annual Report of the Condition of said Estate which was approved and ordered to be filed.

 

Estate of STERLING E. WILLIAMS Decd.

WM. C. McKINNEY and ISAAC A. McMENNANY two of the commissioners appointed at a former Term of this Court to make partition and distribution of the property of the Estate of STERLING E. WILLIAMS Deceased Came into Court and submitted their report in writing as follows. “The undersigned commissioners appointed to partition and divide the property of the estate of STERLING E. WILLIAMS Decd. would Respectfully report that we have examined said property and partitioned the same between said two heirs as follows, to wit:

To FRANCIS L. WALKER we give we give (sic) Negro woman CLARISA Valued $800.00

And Boy MANUEL at 600.00

$1400.00

To ALBERT N. WILLIAMS we give Negro girl SUSAN Valued at (say?) $750.00

DOUGLAS 2 years old 250.00 $1400.00”

 

All of which is Respectfully submitted this 26th July 1858

Wm. C. McKinney

Isacc A. McMennany

 

And the Court having examined and approved to the said Report and of the partition and distribution of the property thereby made is ordered adjudged and decreed by the Court…

 

Page 77

 

July 26

 

…that the said Report and distribution be in all things confirmed and that the title to said property be and hereby is vested in the respective person to whom the same is assigned in said report.

 

Estate of WILLIAM G. HAYWOOD Decd.

MOSES JONES and FIELDEN TWEEDLE the executors upon said estate having represented to the Court that it is necessary to make a further sale of property for the payment of the debts of said estate and the expenses of administration. And it appearing by the inventory this day returned into court that there has lately come into the hands of said executors the following property to wit thirty one horse mares & colts and it further appearing to the court that it will be for the Interest of said Estate that the said property should be Sold for the purposes aforesaid. It is Ordered adjudged by the Court that the Said executors sell the said Horses Mares and Colts at Public auction to the highest bidder therefore on Monday the 9th day of August A. D. 1858 at the residence of FILDEN TWEEDLE in Collin County and that said sale be made upon a credit of six months of the purchasers required to give notes with good personal security.

 

Estate of SARAH C., COLUMBUS & JULIA ANN PHILIPS

Minor heirs of GEORGE PHILIPS Deceased

On this day appeared in Open Court MARGARET PHILIPS the mother of SARAH C., COLUMBUS & JULIA ANN PHILIPS Minors and Filed her petition in writing to be appointed Guardian of the persons and property of said minors. It is thereupon ordered that the said application be heard at the next Term of this Court and that the Clerk of the Court post the usual notices of the application and time of hearing.

 

Estate of GEORGE PHILLIPS Deceased.

Now at this day appeared in Open Court MARGARET PHILIPS Administratrix of the estate of GEORGE PHILIPS Deceased and present her annual Report of the Condition of Said Estate which was approved by the Court and ordered to be filed.

 

Estate of ALBERT N. WILLIAMS, a minor

Now at this day came into open court J. Z. A. WALKER Guardian of ALBERT N. WILLIAMS a minor and filed an inventory of the property of his said Ward together with an appraisal thereof which was ordered to be filed and recorded.

 

Page 78

July 26

 

 

Estate of SAMUEL and JANE FRENCH Decd.

Now at this day came FRANCIS MARRION FRENCH by ALEX BERRY his Attorney and PEACHY ELLEN FRENCH by JAMES KEELING her guardian and filed a petition Representing among other things that there was now in the hands of the administrators of the estate of said SAMUEL and JANE FRENCH belonging to the heirs of said Estate the sum of one thousand eight hundred and Seventy Seven Dollars and sixty seven cents in cash subject to distribution among the heirs of said Estate and it further appearing that all the debts of said estate have been paid in full. It is ordered by the Court that the said Sum of Money be divided into seven equal parts and that the administrators of said Estate be and they are hereby authorized and required to pay to each of the heirs of said Estate or to their proper Guardian or legal representatives a Sum equal to one seventh the part of said sum of one thousand eight hundred and seventy seven dollars and sixty seven cents. And it is further ordered and decreed by the Court that upon paying the Said Money or any part thereof to said heirs and taking receipt therefore and reporting the same to this Court, the said Administrators should be discharged from further liability on accounts of the sums so paid and reported & (?) the expenses (?) of administration now due being the Sum of twenty seven dollars and sixty cents, It is ordered that said sum be taken from the whole amount above stated, & a proportional share of the same be deducted from the share of each heir.

Ordered that Court be adjourned to tomorrow Morning at 9 oclock.

 

 

July 27th Court Met pursuant to adjournment.

Present Geo. H. Pegues Chief Justice

J. H. Jenkins Dept. Sheriff

E. Higby Deputy Clerk

 

Estate of SAMUEL S. BLACKBURN, Decd.

JOSEPH M. BOUNDS having on the 10th day of July Instant filed his petition for the appointment of an administrator upon the Estate of SAMUEL S. BLACKBURN late of Collin County deceased and it appearing to the court that due notice of the filing of said petition had been given by the Clerk of this Court according to law, and it further appearing to the Court that the said BLACKBURN died seized (?) of real and personal property in said County, and no person appearing to oppose the said petition, it is ordered adjudged and decreed by the court that the said JOSEPH M. BOUNDS be and he hereby is appointed Administrator upon the Estate of said SAMUEL S. BLACKBURN and that letter of administration issue to him upon his filing a bond with two good and sufficient securities in the sum of one thousand five hundred dollars, conditional as the law requires. Letters issued.

 

Estate of SAMUEL S. BLACKBURN Deced.

Ordered by the Court that HARRISON STIFF, JOHN W. MORGAN (?) and MILTON WILKERSON be and they are hereby appointed appraisers of the Estate of SAMUEL S. BLACKBURN deceased and they made a report of their actions in the premices (?) on or before the first day of the (?) Term of this Court.

 

Page 79

July 27th

Estate of MARGARETTJENNETTE CURTISS, A Minor.

JAME R. McBRIDE having filed his petition in this court more ten days before the first day of the present term of this court, praying for reason therein Stated that he might be appointed Guardian of the person and Estate of MARGARET JENNETTE CURTISS a minor heir of MARY ANN CURTISS Deceased under the age of 14 years , and it appearing to the Court that due notice of the prudency of said petition, and the time that it would be heard had been given in pursuance of Law, and that JOHN W. CURTISS the father of said child is incompetent and unfit to become the Guardian of said MARGARET J. CURTISS. It is therefore Ordered and decreed by the Court that the said JAMES R. McBRIDE be and he hereby is appointed Guardian of the person and Estate of the said MARGARET ANN CURTISS (sic) and that letters of guardianship issue to him upon his giving Bond in the Sum of five hundred dollars with two or more good & responsible securities. Conditional as required by the statute in such case made and provided.

Estate of MARGARETT JENNETTE CURTISS, Minor

Ordered by the Court that HIRAM C. McKINNEY, WILLIMA CREYOR (?) and CARROL WILSON be and they hereby are appointed appraisers upon the estate of MARGARETT J. CURTISS minor heir of MARY ANN CURTIS late of Collin County Deceased, and that they report their action in the premises on or before the first day of the next Term of this Court.

 

Estate of UDORE JOSEPHINE HAYWOOD, a Minor

THOMAS COLEMAN a Stepfather to UDORE JOSOEPHINE HAYWOOD a minor heir of LEWIS HAYWOOD late of said count deceased having filed his petition in this Court more than ten days before the first day of the present term thereof, praying that he might be appointed Guardian of the person and estate of said Minor. And it appearing to the Said court the Said Minor in under the age of fourteen years, It is ordered that the said THOMAS COLEMAN be and he hereby is appointed Guardian of the said UDORE JOSEPHINE HAYWOOD and that letters of Guardianship issue to him upon his giving Bond with two good and responsible sureties in the sum of one thousand dollars for the faithful performances of is duties as such Guardian according to law.

 

Estate of SHEM HARRIS Decd.

JOSEPH J. DICKSON Having filed his petition in this Court more than ten days previous to the first day of the present term of this Court praying that he might be appointed administrator upon the Estate of SHEM HARRIS Deceased and it appearing to the Court that due notice of the filing of said petition and the time of hearing thereon had been given according to law, and no one appearing to oppose said petition, It is ordered by the Court…

 

Page 80

 

…that the said JOSEPH J. DICKSON be, and he hereby is appointed administrator upon the Estate of said SHEM HARRIS and that letters of Administration be issued to him upon his filing a Bond for the faithful performance of his duties as such administrator in the sum of two hundred dollars.

 

Estate of E. O. BURRELL Decd.

JOSEPH J. DICKSON having filing his petition in this Court more than ten days previous to the first day of the present term thereof, praying that he might be appointed administrator upon the estate of E. O. BURRELL Deceased, and it appearing to the Court that due notice of the filing had been given in pursuance of law, and no one appearing to oppose said petition, It is ordered by the Court that the Said JOSEPH J. DICKSON be and he hereby is appointed administrator upon the estate of the said E. O. BURRELL, and that letters of administration be issued to him upon his filing a bond for faithful discharge of his duties as such administrator in the sum of two hundred dollars.

 

Estate of SEABORN SHAW, Decd.

MALINDA E. SHAW administratrix of the Estate of SEABORN SHAW Decd. came into Court and filed an inventory and appraisal of the property and said deceased which was ordered to be filed and recorded.

 

Estate of WILLIAM PERRIN

DAVID C. THOMAS Administrator of WILLIAM PERRIN Decd. having filed in this Court on the first day of the present term his petition representing therein that since the order of this courting setting apart to the widow of said Decd. the personal property exempt from execution, said widow has departed this life, leaving no minor Children, and that said personal property consisting of a mare and colt, two cows and calves, a stock of Hogs now at large of undefined number, and household and kitchen furniture now remain on the late housestead and premises of said deceased liable to waste and perish, with no one to look after the Same, and that there is also now at large but not known where one colt embraced in the Inventory but not sold and liable to be ultimately lost, and praying for an order for the sale of said perishable property. It is therefore ordered by the Court that the Said DAIVD G. THOMAS administrator as aforesaid be and he is hereby authorized and required to Sell Said above mentioned property on the 16th day of August 1858 at the late residence of Said WILLIAM PERRIN, and that said Sale be made upon a Credit of Six Months, and that the purchasers at said sale be required to give their promissory notes for the purchase money with good personal security.

 

Page 81

 

July 28, 1858

 

Ordered that Court be adjourned to tomorrow Morning at 9 o’clock

July 28th 1858 Court met pursuant to adjournment. Present the same officers as yesterday.

 

Estate of ALBERTINE WILSON, Minor

(A) W. A. WILLIAMS Guardian of ALBERTINE WILSON a Minor heir of ALBERT G. WILSON Deceased presented an account for allowance for Board, clothing, Tuition and other expenses for Said Minor, amounting in all to two hundred and Sixty three dollars and Seventy five Cents. And it appearing to the Court that the Said account is Just and Correct and is Justly due to said Guardian, It is therefore ordered that the Same be and it is hereby allowed. It is further Ordered that Said Sum of money be passed to the Credit of said WILLIAMS in his account as Guardian of the heirs of said ALBERT G. WILSON Decd.

 

Estate of JAMES D. WILSON, Minor

(C) W. A. WILLIAMS Guardian of JAMES D. WILSON a Minor heir of ALBERT G. WILSON Decd. presented an account for allowance for Board, clothing, Tuition and other expenses for Said Minor, amounting to two hundred and Seventy Seven dollars, and forty six Cents. And it appearing to the Court that the said account is correct and is Justly due to said WILLIAMS It is therefore ordered that the same be and it is hereby allowed. It is further Ordered that said Sum of Money be passed to the credit of said WILLIAMS in his account Guardian of the heirs of Said ALBERT G. WILSON Deceased.

 

Estate of ALBERT G. WILSON JUNR., a Minor

(B) W. A. WILLIAMS Guardian of ALBERT G. WILSON JUNR, a Minor heir of ALBERT G. WILSON decd presented an account for allowance for Board, clothing, Tuition and other expenses for said Minor, amounting to two hundred and thirty three dollars and forty three cents. And it appearing to the Court that the said account is correct and is Justly due to said WILLIAMS. It is therefore ordered that the same be and it is hereby allowed. It is further ordered that the Said Sum of money be passed to the credit of said WILLIAMS in his account as Guardian of the heirs of the said ALBERT G. WILSON Deceased.

 

 

Estate of ALBERTINE, JAME D. & ALBERT G. WILSON JR., Minors

Now at this day came WESLEY A. WILLIAMS Guardian of the persons and estates of ALBERTINE WILSON, JAMES D. WILSON, & ALBERT G. WILSON JR., minor heirs of ALBERT G. WILSON late of Tennessee Deceased and presents an account against the said minors for services and expenses of transporting property from the state of Tennessee belonging to Said heirs amounting to the Sum of $437.75 and also including in said account the several sums allowed him in the three proceeding ordered respectively marked (A) (B) (C) which three sum amount to $774. 64.

 

Page 82

 

July 28th 1858

 

Making in all the Sum of $1212.39 and in which account the said heirs are credited with the sum of $991.91 money received for said heirs from N. E. WIENS (?) their Guardian in the State of Tennessee Leaving a balance due to said WILLIAMS as such Guardian of two hundred and twenty dollars and forty eight cents, and it appearing to the court that Said account is correct and said sum of $220.48 is Justly due to said WILLIAMS from said heirs collectively, is ordered and adjudged by the Court that the Said last mentioned

 

Ordered that Court adjourn until tomorrow Morning at 9 o’clock.

1858 July 29th Court met pursuant to adjournment. Present the same officers as yesterday.

 

Estate of SAMUEL S. BLACKBURN Decd.

JOSEPH M. BOUNDS the administrator upon the estate of SAMUEL S. BLACKBURN late of Collin County Deceased appeared and filed an inventory and appraisal of the Estate of said BLACKBURN deceased which as approved and ordered to be filed and recorded.

 

Estate of LANSON CLARK Decd.

At this Term of the Court to which the partition and distribution of the Estate of LANSON CLARK Deceased was heretofore continued, It appearing to the Court that the Citations on the petition for said partition files by WILLIAM H. SLACK and ELIZA J. his wife, and other heirs at law of said Estate have been Served and published as required by law, and it further appearing to the satisfaction of the Court that the following named persons are the heirs at Law entitled to partition and distribution of said Estate, namely ELIZA JANE SLACK, widow of said Deceased, and now wife of WILLIAM H. SLACK of Dallas County and State of Texas, And the following named Children of Said deceased, to wit: RICHARD C. CLARK, a minor represented by his Guardian BENJAMIN F. MATHEWS, ALVIN C. CLARK, a minor by his guardian ROBERT W. CARPENTOR, ELIZABETH CLARK a minor by MATHEW R. CLARK her Guardian, MATILDA LYLES Wife of HOWARD H. LYLES and MATHEW R. CLARK of full age, all of Collin County and State of Texas, and JAMES N. CLARK, a minor by ELIZA JANE SLACK his guardian of Dallas County and State of Texas, and JEFFERSON F. CLARK of full age of the State of California, and all of said Heirs being present or represented in Court except said JEFFERSON F. CLARK who is not a resident of this State. It is ordered that ALEX BERRY be appointed an attorney to represent Said JERRERSON F. CLARK in the partition of said Estate. And it further appearing to the Court that MATHEW R. CLARK the guardian of ELIZABETH CLARK one of the said minor heirs is entitled to a portion of Said Estate in his own right. It is ordered that ALEXR. BERRY be appointed guardian at litem of said ELIZABETH CLARK to represent her interests in the partition of said Estate. And it appearing to the Court that the follow advancements have been made to the several persons so entitled and named as follows, to wit: To MATHEW R. CLARK One horse and two cows & calves appraised at $80.00. To JEFFERSON F. CLARK 5 cows & Calves $10 each & 3 yearlings at $7.00 each amounting to $25.00. To ELIZA JANE SLACK property at appraisement worth $7.50 and cash as per (unreadable) Receipt file $77.60. Making in all (no more written)

 

Page 83

 

July 29th 1858

 

It is ordered by this Court that said advancements be brought into hotchpotch (?) and accounted for by said person respectively out of their several shares of said estate and it further appearing to the Court that the following is the estate of said deceased liable to partition and distribution to wit 293 dollars and 66 cents paid into court in case on final settlement of Administrator. Also 8 dollars and 75 cents, balance due one cent Contract of WM. H. SLACK returned as cash into Court by administrator also some small arrearages of hire of Nero accured since or not included in final account of the administrator, also one negro woman and child now under hire. Also 600 acres of land the headright and homestead of Deceased held by patent dated May 27th 1854 No. 266 Vol. 11. Also Bounty land Warrant of the Republic of Texas in favor of FREDERIC RUDGE for 320 acres Signed BARNARD E. BEE Sec. War. Dated Jan 30th 1838. And it further appearing to the Court that the 600 acres of land the homestead of Said deceased and his the wife Edith now deceased who was the mother of MATHEW R., ALVIN C., RICHARD C., and ELISABETH CLARK, and MATILDA LYLES who are also children and heirs of Said Deceased It is Considered and adjudged by the Court that Said five children of Said EDITH are entitled to one Equal half or 300 acres of said Headright of 600 acres, each of them entitled to one fifth of Said 300 acres in right of their Said Mother EDITH. And it further decreed by the Court that ELIZA J. SLACK the widow of said deceased is entitled to a share of a life estate on one third of 300 acres the other half of said Head right or homestead of said deceased, with remained to all the child of said deceased also to a life estate in one third of the negroes above specified, with remainder to all the children of said deceased, also to a share of one third in full property of all the remaining personal property of said Deceased above specified Subject however to account or deduction for the advancements herein before specified as received by her. And it is further decreed that each of said seven Surviving children of said deceased are entitled to one equal seventh of all the property above specified Subject however to account or deductions for advancements received by Said children as hereinbefore stated.

And it is further ordered by the Court that GEORGE WHITE, JOHN SPEERS and P. W. COLLIER be appointed commissioners to appraise, partition and divide Said Estate among Said Heirs at law in accordance with the terms of this decree, and that they each be furnished with a copy of this order, and report their action in the premises to the next regular Term of this Court.

 

Ordered that this Court now adjourn to the next Regular Term.

 

Read and approved July 29th 1858.

Geo. H. Pegues

Chief Justice, C. C.

 

Page 84

 

August 24th 1858

 

In ____(?) actions:

The State of Texas County Court Exercising

Collin Count Probate Jurisdiction

At this day come WESLEY A. WILLIAMS Guardian of the person and estates of ALBERTINE, ______(blank) JAMES D. & ALBERT. G. WILSON and files his petitions praying permission to file a new and more effectual Bond as said Guardian and tenders to the Court a New Bond as said Guardian and this Court being of opinion that the prayer of said petition may be lawfully granted, and his said Bond so tendered being deemed by the Court good and sufficient in law, It is ordered that the same be approved filed and Recorded.

J. J. Harrison Chief Justice

Collin County

 

 

 

Page 85

 

State of Texas County Court Collin County August Term 1858

County of Collin Be it Known that the County Court of said County

Met on Monday August 30th 1858 for the

Transaction of Probate business. Present:

J. J. Harrison Chief Justice

J. Bud Doak Sheriff

Buford Henry Clerk

The Estate of THOMAS J. ROUTH

At this day come JACOB ROUTH by petition praying for letters testamentary under the last will and Estate of THOMAS J. ROUTH deceased and it appearing to the Court that legal notice has been given of the filing of said Petition, ordered therefore by the Court, that JACOB ROUTH be and he is thereby appoint Executor of said last Will and testament of the will (?) of THOMAS J. ROUTH deceased and that said letters be issued by the said JACOB ROUTH entering into Bond with approved security in the sum of Five thousand dollars.

Issued.

 

Estate of ELIZABETH HENDRIX

At this day come WALTER YEARY Executor of said Estate and it appearing to the court that a certain farm belonging to said Estate has been on Rent Without any stipulated price. Ordered therefore by this court that WALTER YEARY said Executor proceed to settle for the Rent of said farm as best he can and make Report to the next term of this court of his action in the premises.

 

Estate of WM. G. HAYWOOD

At this day comes MOSES JONES and FIELDEN TWEEDLE executors of the Estate of WILLIAM G. HAYWOOD deceased presents a sale Bill of a certain personal property belonging to said Estate and it appearing therefore by the court that the same be filed and Recorded.

 

Estate of JENNETTE CURTISS, Minor

Ordered by the court that the commissioners appointed to appraise the Estates of said minor and make Report to this term of the Court, have until the next term of this court to make their Report and said cause be continued.

 

Page 86

 

Estate of LANCEN CLARK Deceased

 

At this Term of the Court come the commissioners appointed at the last Terms of this Court to make partition of the Estate of LANCEN CLARK deceased, and present their Report, and the same being heard, and considered in connection with the ____ptions thereto filed, It is ordered by the Court that said Report and division be set aside, and that a new partition of said Estate be Made in accordance with the decree heretofore made, and in accordance with the following additional instruction or order of this court to wit: That ELIZA JANE SLACK, one of the Heirs of said Estate is entitled to have her one Third life interest in the Real Estate of said deceased, so laid off and apportioned as to include the homestead or a portion thereof, not to exceed in value, her said one third interest for life in said Real Estate, and it for their appearing to the Court that WILLIAM H. SLACK and ELIZA J. his wife are entitled to a portion of said Estate in Right of said ELIZA JANE SLACK in addition to the interest of ELIZA JANE SLACK as the Natural Guardian of her infant son JAMES N. CLARK It is ordered by the Court that ALEAS (?) BERRY be appointed by the Court Guardian ad litem to protect the interest of said infant JAMES N. CLARK in this distribution. And it is further ordered that ALEXO (?) T. ROBERTSON, JOHN B. MARTIN and JAMES M. PARSONS be appointed commissioners to appraise partition and divide said Estate among said Heirs at law in accordance with this and the former decrees of this Court. and that they be furnished with copies of the same and Report their action to the Next Term of this Court.

 

Ordered that Court be adjourned til tomorrow Morning 8 o’clock.

 

In pursuance of adjournment court met August 31st 1858.

Present J. J. Harrison Chief Justice

J. Dud Doak Sheriff

Buford Henry Clerk

 

 

Estate of SAML. P. COLMAN deceased


At this term of Court comes, NANCY A. COLMAN administratrix of said Estate, and makes Report of the condition of said Estate. Which said Report being examined by the Court ordered that said Report be approved and filed.

 

Estate of ROBERT SKAGGS deceased

At this term of the Court come REBECCA SKAGGS, ALVIS JACKSON and wife and others Heirs at law of ROBERT SKAGGS deceased petitioners for partition of the Estate of said deceased, and A. T. ROBERTSON Admr.

 

Page 87

 

… of said Estate being served to process and not appearing and this court not being sufficiently advised of the condition of said Estate from the papers now on file to enable it to make order of said partition as prayed for. It is ordered that the application be continued to the next Regular term of the Court and that said admr. be cited to appear at said term and present his final account showing fully the condition of said Estate, what assets or property of any Kind is on hands subject to distributions and what advancements if any have been made to any of the parties entitled to a distributive share of said Estate, and that said administrator be serve with a copy of this order.

 

Ordered that court be adjourned until tomorrow morning 8 o’clock.

 

Court met pursuant to adjournment Sept. 1st 1858

Present J. J. Harrison Chief Justice

J. Dud Doak Sheriff

Buford Henry Clerk

 

Estate of ALEX. COOPER Decd.

At this day comes LEWIS H. McNEIL admr. of said Estate and presents his account for final settlement. It is ordered the court that said account be acted upon at the next term of this court and that notice thereof be given by the clerk of said court by posting on the Court house and one at two other public places in said county for the space of twenty days, Stating the presentation of said account to the court and that it will be acted on at the next term of this court Requiring all person interested to appear and contest said account if they see proper.

 

Estate of SARAH C., COLUMBUS & JULIA ANN PHILIPS

Minors heirs of the Estate of GEORGE PHILIPS Decd.

In the case of the application of MARGARET PHILIPS, to be appointed the Guardian of the person and property of the said Heirs of GEORGE PHILLIPS decd. at a previous term of this court. It appearing to the Court that notice of said application has not been given as the law Requires ordered that said cause be continued to the next term of this court and that said notice be given by the clerk of said court.

 

Page 88

 

Estate of SAMUEL S. BLACKBURN Deceased

 

At this day comes JOSEPH M. BOUNDS admr. of Said estate and petitions this court for an order of Sale of Lots No. 55 & 56 in the Town of McKinney this property of said BLACKBURN decd. for the payment of the expenses of Administration and debts against Said Estate, and it appearing to the Satisfaction of the Court that it is necessary such orders should be made for the payment of Such expenses and debts.

It is ordered by the Court that Said BOUNDS admr. of said Estate Proceed to sell at public Auction on the first Tuesday in October 1858 between the house of 10 A. M. and 4 P. M. at the Court House door in the Town of McKinney Lots No. 55 & 57 in Block No. 7 in Said 5own After giving twenty days Notice of Said Sale by posting one Copy on the Court House door and one at two other Public place in Said County. The purchaser required to give notes with approved security and a Lien on property for the payment and make due return to this Court with thirty days after Said Sale.

Ordered that Court be adjourned until the next Regular Term.

J. J. Harrison

Chief Justice Collin County.

 

Page 89

 

September Term 1858

 

State of Texas

County of Collin County Court of Collin County Exercising Probate jurisdiction September Term 1858 met on Monday Sept. 27th day 1858.

Present:

J. J. Harrison Chief Justice

Buford Henry Clerk

Thos. A. Lowry Depty. Sheriff

 

 

Estate of JENNETTE CURTIS Minor

In this cause continued at the last term of this Court, This day comes the commissioners appointed to appraise said Estate, and makes Reports which said Report being examined and approved, ordered therefore that the same be filed and Recorded.

 

Estate of SARAH C., COLUMBUS & JULIA ANN PHILIPS, Minors

Minor heirs of the Estate of GEORGE PHILIPS Decd.

In this cause, continued at the last term of this court, This day comes MARGARET PHILIPS, by petition asking for letters of guardianship upon the persons and Estates of SARAH C. PHILIPS, COLUMBUS PHILIPS and JULIA ANN PHILIPS, Minor heirs at Law of the Estate of GEORGE PHILIPS, and it appearing to the satisfaction of this court that notice had been given of said application as the laws require ordered by the court that MARGARET PHILIPS be and she is hereby appointed the Guardian of the persons and Estates of the said SARAH C., COLUMBUS and JULIA ANN PHILIPS Minor heirs of GEORGE PHILIPS deceased, and that letters of Guardianship be issued to the said MARGARET PHILIPS, upon her entering into bond with good security for the sum of Four thousand dollars.

Letters issued Oct. 16th 1858

 

Estate of SAML. and JANE FRENCH

 

This day come ELI BAKER and JAMES KEELING admrs. of said Estate, and made the follow Report in pursuance of a former order of this court together with voucher as follows to wit:

 

To JAMES KEELING Guardian of PEACHY E. FRENCH $264.29 ½

FRANCIS M. FRENCH $264.29 ½

ROXANA FRENCH Guardian of JAMES S. FRENCH $264.29 ½

LEVI FRENCH $264.29 ½

LEVI L. FOWLER Guardian of JOHN FRENCH $264.29 ½

RANDOLPH FRENCH $264.29 ½

 

Said Report is (?) and approved and ordered to be filed.

 

Page 90

 

Estate of WM. PERRIN

 

This day come DAVID G. THOMAS administrator of said Estate and Represents to the court that there is a considerable quantity of improved lands belonging to said Estate, which is necessary to be rented and it appearing to the satisfaction of the court that it is to the interest of said Estate that said premises be Rented, ordered by the Court that said administrator proceed immediately and rent said premises at public auction to the highest bidder, upon this premises, Giving ten days notice of the time and place of Renting said premises by stocking one advertisement at the court house door and two others at two different Public places in said county said premises to be rented until the first day of October A. D. 1859, the Renter or Renters giving bond or approved security, said premises to be rented for cash to be paid on the fist day of October 1859.

 

Estate of WM. PERRIN

 

This day comes DAVID G. THOMAS adminr. of said Estate and presented sale Bill of the sale of personal property belonging to said Estate ordered at a previous term of this court, said sale Bill being examined by the court, ordered by the court that said sale be and is hereby confirmed and ordered to be filed and recorded.

 

Estate of ELIABETH HENDRIX

 

This day come WALTER YEARY Executor of said Estate, and Reported an additional inventory of Money Received for Rent said Report examined approved and ordered to be filed & Recorded.

 

Ordered that court be adjourned till tomorrow Morning 8 o’clock.

In pursuance to adjournment Court met Tuesday Sept. 28th 1858.

Present

J. J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

 

Estate of RICHARD M. MUGG Deceased

This day come KATHARINE MUGG by petition and prays for Letters of administration upon said Estate and it appearing to the court that notice of said Petition had been given as the law directs, Ordered by the court that letters of administration be and they are hereby granted to the said KATHEARINE MUGG Widow of the said RICHARD M. MUGG decd. of said Estate upon the said KATHARINE entering into bond in the sum of Twenty five thousand ($25,000) Dollars with Good security. And that JAMES BURK, JONAS DAWSON, and J. P. W. LOCKE, any two of Whom May act, commissioners to apprise said Estate and make report to the next term of this court.

 

Page 91

 

Estate of LANCEN CLARK

 

Ordered by the court that this cause be continued till the next Regular term of this court, and that the commissioners appointed at the last term of this court to make partition and distribution of said Estate have untill (sic) the next term of the Court to make their Report.

 

Estate of ROBERT SKAGGS

Ordered by the court that this cause be continued till the next Regular term of this Court, and that the said admx. of said Estate have till the next Regular term of this Court to make Report.

 

Estate of ELIZA WETSEL former Wife of PETER WETSEL

Community Property

This day come PETER WETSEL the surviving husband of the said ELIZA WETSEL deceased, and files his petition praying the court to appoint commissioners to appraise the community property held and possessed by the said PETER WETSEL and ELIZA his former wife at the time of the death of the said ELIZA that the said PETER WETSEL may be enabled to file in this of an inventory of the same, ordered by the court that J. B. WILMETH, MATTHEW R. PARRISH, and J. O. STRAUGHAM, be and they are hereby appointed commissioners to appraise said community property of the said PETER WETSEL and ELIZA his former wife as held by them at the time of said ELIZA’S death and make Report at the next term of this Court.

 

Estate of ALEX COOPER

 

Ordered by the Court that this cause be continued until the next Regular term of this court for final settlement

J. J. Harrison

Chief Justice

Ordered that Court Adjourned Collin County

 

 

Page 92

 

In Vacation

 

State of Texas County Court Collin County Exercising

County of Collin Probate Jurisdiction, in Vacation this

1st day of October 1858

 

This day come EDWARD T. BERRY, Guardian of ANN M. BERRY and files is account for final settlement of said Guardianship and prays the court to be released from his dais Guardianship, ordered by the Court that notice of the filing of said account, and the term at which said account will be acted upon be given as the law directs in such cases, and that said account will be acted upon at the October term of this court.

J. J. Harrison Chief Justice

Collin County

 

In vacation

 

State of Texas County Court of Collin County Exercising

County of Collin Probate jurisdiction this 12th day of October A. D. 1858

 

Estate of W. PERRIN Decd.

This day come DAVID G. THOMAS administrator of said Estate and Represents to the Court, that he failed to rent the premises of said Estate as ordered that the last Term of this court, for the want of bidders. It is therefore ordered by the court that the said administrator readvertise (sic) said premises for Rent, and that he Rent the same, as directed in the order of the Court at the last Term.

J. J. Harrison,

Chief Justice.

 

Page 93

 

October Term A. D. 1858

 

State of Texas Be it Known that on this the 25th day of October A. D. 1858 The County County of Collin Court of Collin County exercising Probate jurisdiction met in the Town of

McKinney.

Present John J. Harrison Chief Justice

Buford Henry Clerk

Thomas A. Lowry Depty. Sheriff

 

Estate of SAMUEL S BAKBURN Decd.

It appearing to the court by the petition and oath this day filed in this case by JOSEPH M. BONNELL (?) admr. of said Estate that a mistake was made by him in the inventory of said Estate made on the 29th July 1858 in the description of the Real Estate, and that Lots 56 & 57 in the Town of McKinney in said County is a true and correct Inventory of the Real Estate of said deceased so far as the same has come to his knowledge and praying that it be referred to appraisers heretofore appaneted (?) by this Court to appraise said Lots 56 & 57. It is ordered by the court that MILTON WILKERSON, HARRISON STIFF and JOHN W. HAYNES, be and they are hereby appointed to appraise the said Lots 56 & 57 and they return their appraisal thereof to this court with all convenient speed.

 

At this day come MILTON WILDERSON, HARRISON STIFF and JOHN W. HAYNES commissioners appointed by this court to appraise the Estate of SAMUEL S. BLACKBURN deceased, and return inventory and appraisement of the same.

Ordered by the Court that the same be and it is hereby approved and ordered to be Recorded.

 

Estate of THOMAS J. ROUTH Decd.

At this day comes JACOB ROUTH Executor of the last Will and testament of said THOMAS J. ROUTH praying that commissioners be appointed to appraise said Estate, ordered by this court that FROUNTAIN J. VANCE, JOSEOPH KLEPPER and WILLIAM BEVERLY be and they are hereby appointed appraisers of said Estate and that they make Report thereof to this court at the Earliest convenient period.

 

Estate of THOMAS J. ROUTH Deceased.

At this day comes the commissioners appointed to appraise said Estate and make their Report and Returns inventory of said Estate and appraisement. Ordered by the court that the same be and it is hereby approved and ordered to be Recorded.

 

Page 94

 

At this day comes JAMES THOMAS by petition praying for title on a bond of THOMAS J. ROUTH deceased for certain tract of land herein described which bond is now in file in this court and JACOB ROUTH the executor of said THOMAS J. ROUTH having appeared in open court, and acknowledged the serv___? of said petition and named (?) the issuance of citation thereon and said executor having stated in open court that he knows no reason why said title should not be made as prayed for, It is therefore considered, adjudged and decreed that said executor JACOB ROUTH do make title to the said JAMES THOMAS by deed conveying all the rights, tile or interest of said THOMAS J. ROUTH decd. in and to the land described in said Bond according to the tenor thereof it appearing to the satisfaction of the court that said sale was lawfully made by said deceased.

 

Estate of RICHARD M. MUGG Deceased.

Whereas KATHERINE MUGG, who was appointed administratrix of said Estate at the last term of this court, failed to fill her bond and to take the oath as Required by Law, Ordered therefore by the court that the said KATHERINE MUGG be and she is hereby Removed as such administratrix of said Estate.

 

Estate of ROBERT SKAGGS Deceased

At this day comes THOMAS STALLCUP who sets up claim to a portion of said Estate, and made affidavit that he was not Ready to go into the settlement of said Estate for the want of material witness. Ordered by the Court that this cause be continued until the next term of this court.

 

At this Term of the Curt come JAMES W. PARSON, JOHN B. MARTIN and A. T. ROBERTSON commissioners appointed at a former Term of this Court to make partition of the estate of LANCEN CLARK deceased and present their report which having been examined by the Court and (unreadable) the same is approved and confirmed and ordered to be recorded and said commissioners having in their said report set apart by metes and bounds unto ELIZA JANE SLACK late widow of said deceased her life estate of one third in the tract of land left by said deceased, and having reported all the balance of said estate as not susceptible of division without a sale, It is therefore considered, adjudged and decreed that HARMON JAMESON (Harrison Jamison?) administrator of said deceased do proceed to sell said property of said estate, except said widow’s part as allotted to her—upon the following terms and conditions as a commissioner of this Court—First said sale shall be made on the first Thursday in January A. D. 1859 at the Court House door in the Town of McKinney and County of Collin and State of Texas between the hours (?) and…

 

 

Page 95

 

….after having posted and published notices of said sale in said county as required by law for Sheriff’s Sales ___ (?) at the Court House door and two other public places for in the same Term for twenty days before said sale said commissioners shall farther advertise said sale by notice published in the Dallas Herald for four weeks prior to said sale—300 acres the South half of the land of said deceased as set apart by said commissioners shall be sold in one tract and the north half of the same as also not apart by said commissioners exclusive of the life estate set apart said widow in 80 acres part of the same, shall be sold in another tract, one fourth of the purchase money on said sales shall be required in cash, and for the balance a credit of 12 months shall be given, and both (?) with approved Security and a lien on the land shall be required to Secure said deferred payment. Said commissioners shall farther at the same time and place and after having posted and published where of the same as above specified proceed to sell one negro woman and child specified in said citation, one fourth of the purchase money to be paid in cash and the balance on a credit of 12 months Secured by bond with approved Security, said Commissioners shall farther sell after like notice and public cation (?) – one Bounty Land Warrant for 320 acres specified the report of said Commissioners, said sale shall be made at the same time and place as above specified and one fourth of the purchase money to be paid in cash and the balance on a credit of 12 months secured by purchasers note with approved security. All said sales shall be made at Public auction and to the highest bidders on the terms proposed as above---

 

It is farther ordered that the Heirs at law of said estate or their lawfully authorized agent or guardian shall be authorized to draw from this court or the person having custody of the same, their distribution shares respectively of the fund remaining due to said Heirs on the settlement of the final account of HARRISON JAMISON administrator.

 

Page 96

 

Ordered by the court that court be adjourned till tomorrow morning 8 ½ o’clock A. M.

 

In pursuant to adjournment court met October 26th day A. D. 1858

Present John J. Harrison Chief Justice

Buford Henry Clerk

Thomas A. Lowry Depty. Sheriff

 

Estate of SAMUEL S. BLACKBURN Deceased

At this day comes

JOSEPH M BOUNDS administrator of said Estate by Petition and Represents to this court in Writing that there is a necessity for an order to sell Lots No. 56 & 57 in Block 7 in the Town of McKinney belonging to said Estate, with a Statement in Writing of the Estimated Statement of the expenses of administration and of all the claims against the Estate that have been presented to him specifying what claims have been allowed by him verified by his affidavit and the court being satisfied that there is a necessity for the sale of said Lots, ordered therefore by the court that the said administrator of said Estate, proceed to sell said Lots 56 & 57 as sought for in said Petition on the first Tuesday in December 1858 the Second day thereof, at public outcry at the Court house door in the Town of McKinney to the highest bidder, on a credit of Twelve Months, between the hours of 10 A. M. and 4 P. M., taking bond and security from the purchaser thereof and a lien on said Lots, giving Notice of the time and place of sale as the law directs in such cases and make Report to this Court.

 

Estate of LEWIS (middle initial unreadable) HAYWOOD Deceased

Whereas THOMAS COLEMAN has filed his application for letters of administration on said Estate, and it appearing to the court that due Notice thereof has been given of said application and said THOMAS COLEMAN not appearing it is ordered by the Court that said cause be continued to the next term of this court.

 

Estate of ANN M. BERRY Minor

Whereas EDWARD T. BERRY Guardian of said ANN M BERRY Filed his account in this court in vacation and due notice thereof having been given, Ordered by the Court that said cause be continued to the next term of this court.

 

Estate of ALEXANDER COOPER Deceased

Ordered by the court that this caused be continued to the next term of this court.

 

Page 97

 

Estate of GEORGE PHILLIPS Deceased

At this time come EPHRAIM D. McCOY one of the securities of MARGARET PHILIPS administratrix of said Estate, now MARGARET JENKINS, and filed in this court his petition praying the court Required the said MARGARET administratrix of said Estate to give a new Bond and to discharge him the said EPHRAIN D. McCOY from any further liabilities as such Security,. Ordered by the court that the said MARGARET PHILIPS (Now MARGARET JENKINS) be and she is hereby Required to give a new bond at the next term of this Court as administratrix of said Estate and that citation be Served upon the said MARGARET, to be and appear at the next term of this court.

 

Estate of ELIZA WETSEL former wife of PETER WETSEL Community property

Whereas the said PETER WETSEL made application to this court at her (sic) last term for the appointment of commissioners appraise said Estate, and to make Report to the next term of this court and whereas the said commissioners Returned into this court their appraisement of said Estate, and whereas the court Requires security of the said PETER WETSEL, and the said WETSEL not being in attendance, ordered by the court that said cause be continued to the next term of this court.

J. J. HARRISON Chief Justice.

 

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In Vacation

 

State of Texas County Court Collin County Exercising Probate

County of Collin Jurisdiction in Vacation this 4th day of November A. D. 1858

 

Estate of S. W. SINGLETON

This day come W. B. CROCKER administrator of said Estate and his account for final settlement ordered by the court that at least twenty days notice be given by posting notice at the court house and at two other public places in the county, said notice shall state the presentations of said account, the term of the court when it will be acted on, and shall Require all persons interested to appear and contest said account if they see proper and that said account to be acted upon at the next term of this court and that clerk give said notice.

J. J. Harrison Chief Justice

 

Page 99

 

November Term A. D. 1858

State of Texas Be it remembered, that the County Court of Collin County of the State

County of Collin aforesaid Exercising probate jurisdiction met on this the 29th day of November A. D. 1858.

Present John. J. Harrison Chief Justice

Buford Henry Clerk

Thos. A. Lowry Depty. Sheriff

 

Estate of PETER F. LUCAS deceased

At this day come GEORGE F. LUCAS and MARY E. LUCAS, by Petition to have the last Will and testament of the said PETER F. LUCAS probated, who are named in said Will and testament, as Executors and it appearing to the satisfaction of the court that notice of said application had been given according to law, and there no objections being filed, and said last will and testament being proven in open Court by the oath of GEORGE FITZHUGH one of the subscribing witness thereof, ordered that said Will and testament of said PETER F. LUCAS, be and the same is hereby probated and that the clerk Record said Will and testament, and that the said GEORGE F. LUCAS and MARY E. LUCAS be and they are hereby appointed Executors of the Estate of the said Testator deceased and that letters of Executorship be issued to the said GEORGE F. LUCAS and MARY E. LUCAS, upon their entering into bond of ten thousand Dollars with good security and that JAMES SNIDER, JAMES LOVELADY and JOHN McKINNEY (?) be appointed appraise said Estate and Return inventory to this court.

 

Estate of S. W. SINGLETON

At this day comes WILLIAM B. CROCKER administrator of said Estate for a final settlement of said Estate and it appearing to the Court that Notice of said Settlement had been given as the law Required the court proceeded to examine said account, and it appearing to the court by claims allowed against said Estate to be $52.76 after paying the Court fees to $39.85 Ordered by the Court that said administrator proceed to pay said claims against said Estate in prorate distribution at the Rate seventy five cents to the Dollar, and Return to this court evidence of the same.

 

Estate of GEORGE PHILLIPS Deceased

 

At this day comes MARGARET JENKINS formerly MARGARET PHILIPS, having been by an orders of this court upon the complaint of EPHRAIN McCOY cited, to be in attendance at this court (unreadable) Bond as the administratrix of said Estate and (unreadable) ordered that said bond be approved and that the said MARGARET be continued adminintratrix of said Estate and that the said McCOY be and he is hereby Released from any further liability upon said bond.

 

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Ordered that court be adjourned until tomorrow morning 8 o’clock.

 

Court met pursuant to adjournment November 30th 1858

Present John J. Harrison Chief Justice

Buford Henry Clerk

James L. Read Depty. Sheriff

 

Estate of THOMAS F. BOREN deceased

 

At this time comes MOSES JONES, who filed his application in this office on the 25th day of October 1858 for Letters of Executorship upon said Estate and it appearing to the Court that notice of said application had been given as the law Required and presents in open court the last Will and testament of the said THOMAS F. BOREN Deceased, which said Will and testament was proven in open Court by the affidavit of JOEL GLOVER and FIELDEN TWEEDLE subscribing witnesses and there being no objections filed in Court, ordered by the court that said will be Recorded by the clerk and that letters of Executorship be granted to the said MOSES JONES and that said letters be issued to the said JONES upon his giving bond in the sum of Five thousand dollars with good security and that JOEL GLOVER, FIELDEN TWEEDLE and WM. C. ROBINSON be and they are hereby appointed commissioners to appraise the Estate of THOMAS F. BOREN deceased both the personal and Real and make Report to this court.

Letesr (sic) issued.

 

 

Estate of DANIEL HERRING and MARY HERRING

At this day come DANIEL HERRING by petition praying the court to appoint commissioners to appraise and make out Inventory of the community property of himself and MARY HERRING his former wife who departed this life on the 5th day of March A. D. 1858. Ordered by the Court that WILLIAM BEVERLY, GEORGE R. YANTIS and GEORGE H. PEGUES be and they are hereby appointed commissioners to appraise said community property and make report to this court.

 

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

 

Court met pursuant to adjournment December 1st 1858

Present John J. Harrison Chief Justice

Buford Henry Clerk

J. Dud Doak Sheriff

 

 

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Estate of JOHN McKINNEY Deceased

 

Ordered by the court, that JACOB H. HARBERGER be cited to appear at the next term of this Court, and Show cause why he has not collected the money due from the sale of the land belonging to the Estate of said JOHN McKINNEY decd. made under a former order of this Court, and to made his final Report for the settlement and final distribution of said Estate.

 

Estate of ROBERT SKAGGS Decd.

At this day comes up this cause to be heard and it appearing to the court That ELIZA JACKSON, The guardian of the infants ASBERRY and WILSON SKAGGS heirs of said Estate is entitled to an interest in said Estate in her own right as one of said heirs, It is ordered by the court that JAMES W. THROCKMORTON be appointed a Guardian ad litem to represent the interests of said Wards in this partion (sic) and that said Guardian ad litem be allowed the sum of ten dollars, to be paid as a part of the costs of administration and partition.

 

Estate of ROBERT SKAGGS Decd.

At this time came A. T. ROBERTSON admr. of said Estate and filed his final account, under the former order of this Court, upon an application of the Widow and Heirs of said Estate, and the Matters and things therein Contained being fully argued by Counsel and the Court sufficiently advised doth order and decree, that said Report be Received and in all things confirmed, Except as to the Items of $76 charged as an advancement to W. R. and NANCY HICKS, Proof having been made that there was Error in said charge of the sum of $56 the same is adjudged to be deducted therefrom and upon further inspection of the facts. It is ordered adjudged and decreed that said Estate be divided and portioned among the Heirs of said Estate in the following manner To wit: That 320 acres of the land be set off as the portion of said Real Estate coming to NANCY HICKS, ELIZA JACKSON, WILSON SKAGGS and ASBERRY SKAGGS as the Heirs of MARY SKAGGS the former wife of ROBERT SKAGGS, and by whom he acquired said land by virtue of his Emigration and settlement in Peters Colony, and that the same be equally apportioned between them.

That the Residue to said land be set off and portioned as follows, That to REBECCA SKAGGS be set off one third part, for and during her life with Remainder to the Heirs of said SKAGGS and the other two thirds be set off and apportioned to the Heirs above named in conjunction with their other interests and it further appearing from testimony that $100 the proceeds of land (unreadable) by said….

 

Page 102

 

SKAGGS had been paid to the admr. since the death of decd. SKAGGS. It is ordered and adjudged that said Widow take one third of that amount in her own Right as a part of the separate property of said SKAGGS, and that the other two thirds apportioned among the other Heirs as aforesaid, That the personal property belong to said Estate amounting to $910.90 cts. be divided as follows to each of the children one fourth part of $455.55. That the other $455.45 be divided as follows To REBECCA SKAGGS one third part and to the other heirs the one fouth (?) part each of the Remaining two thirds. That from the portion allotted to NANCY HICKS be deducted the advancement amounting to $96.16. That from the portion allotted to ELIA JACKSON be deducted the sum of $102.11 the amount advanced to her by the admr. That from the portion allotted to ASBERRY SKAGGS be deducted the sum of $103.16 The amount advanced by the adm4. That from the portion allotted to WILSON SKAGGS be deducted the sum of $103.16. The amount advanced by the admr. And It further appearing that the Widow had taken property at the appraisement value the sum of $315 and the sum of $66.00 advanced to her by the admr. It is further ordered that from the amount of personal property set apart to said REBECCA SKAGGS there be deducted the aforesaid sums of $315 and $66.00 and if these amount shall exceed the amount allotted to here out of the personal property then the excess shall be a charge upon the Real Estate allotted to her and to be paid in money or deducted out of the value of said Realty. It is further ordered that MATTHEW R. PARNISH, JONAS DAWSON, THOS. J. AUSTIN and WM. H. HERRON be appointed commissions to make said divisions and partitions in accordance with this order and make Report at the next term of this Court.

 

Estate of JOHN FRENCH and RANDOLPH FRENCH

At this time comes LEVI L. FOWLER Guardian of said JOHN and RANDOLPH FRENCH and presented and inventory of the amount of money which had come into his hands as said Guardian, ordered by the court that the same be filed and Recorded.

 

Estate of SAML. BROWNING Decd.

At this day comes GALLATIN SEARCY admr. of said State and presents the Receipt of the Treasurer of the State of Texas ordered by the Court that the same be Recorded in the Minutes of this Court. To wit. Special Deposit

No. 1312 Triplicate Warrant and Receipt #39.44

The Treasurer of the State of Texas will Receive on Special Deposit from GEORGE WHITE on account of GALATIN SEARACY Admr. of SAML. BROWNING the Sum of thirty nine 44/100 in
Specie on…

 

Page 103

 

 

…account of settlement of said Estate Receipt therefore on the back (?) hereof and charge the same accordingly.

Comptroller’s Officer

Austin Oct. 20th 1958

James B. Shaw Comptroller

 

Treasurers Officer Austin Octbr. 20th 1858

Received of GALATIN SEARCY on account of admr. of SAML. BROWNING Estate the within specified Sum in specie

Ja_____ Reymond

Treasurer

 

Estate of ELIZA WETSEL former wife of PETER WETSEL

It appearing to the Court that PETER WETSEL the surviving partner of the said ELIA is prevented attending this Court on account of business at a distance, ordered by the Court that this cause be continued to the next term of this court.

J. J. Harrison Chief Justice.

 

Page 104

 

State of Texas County Court of Collin County Exercising

County of Collin Probate jurisdiction in vacation this 16th day of December A. D. 1858.

 

Estate of ELIZABETH HENDRICKS

At this day come WALTER YEARY Executor of said Estate and Represents to the court the necessity of Renting the premises belonging to said Estate. Ordered by the Court that the said Executor proceed to Rent said premises at public auction on the first day of January 1859, untill (sic) the first day of October 1859, giving ten days at least notice of the time and place of letting said premises, at three public places in said county of Collin, one at the court House door in the town of McKinney, and the other two at two other public places in said county, but not in said Town, said Executor taking bond and good security, said letting to be upon the premises.

J. J.Harrison Chief Justice

 





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