Probate Minutes - 1857-1868 - Volume C-2


Page 215

 

 

Estate of RACHEL MARX formerly R. KINDEL

 

Now at this day this course [came] on to be heard, which was continued to this term of the Court, RACHEL MARX formerly RACHEL KINDEL against W. B. KINDEL [KENDEL] Guardian, and said KINDEL, files his report in relation to the condition of the Estate of his said Ward, and the Court not being sufficiently advised of the amount and condition of the estate of said ward, It is ordered by the Court that further time be given to said KINDEL to report to the next October Term of this court, the exact condition and amount of his said wards Estate, To which Term of the Court said Guardian is directed to report all the available or collected assets of the estate of his wards.

 

Estate of J. J. MILLER Decd.

 

Ordered by the Court that cause of R. R. MAYS against J. T. FISHER admr. of said Estate and report of land sale sold by said admr. be continued for service to the next Term of this court.

 

Estate of WM. P. BONE Minor

 

At this day come JOHN D. BONE Guardian of WM. P. BONE and presented to this Court a transcript of his Guardianship of said minor in this County of Leon state of Texas, ordered by the court that same be filed and that letters be issued to the said JOHN D. BONE.

 

Estate [of] D. WETSEL

 

At this day comes the admr. of said Estate and reports a small amount of Merchandise at Belknap in an condition liable to waste and be lost, and by petition prays the Court for an order of sale, privately Ordered by the court that said admr. to sell said merchandise at private sale.

A.      T. Robertson, C. J. C. C.

 

Page 216

 

 

Sept. Term 1860

 

State of Texas County Court of Collin County

County of Collin Pertaining to Estates Met at the

Court house September the 24th day A. D. 1860.

Present A. T. Robertson Chief Justice

Buford Henry Clerk

Jas. L. Read Sheriff

 

Estate of JAMES E. MEREDITH

 

Now comes JOHN KENNEDY by Petition praying the Court for the appointment of Administrator on the Estate of JAMES E. MEREDITH late of Collin County decd. intestate, and It appearing to the Court that notice of said petition had been given as required by law, It is ordered by the Court that JOHN KENNEDY be and he is appointed the administrator of the goods & Estate which were of the said JAMES E. MEREDITH Decd. and that letters be issued to the said JOHN KENNEDY upon his giving bond in the sum of 500 dollars.

 

Estate of THOS. FINLEY

 

At this day come WM. H. HOLLIDAY administrator of the Estate of THOS. FINLEY decd. with the will annexed and by petition prays the court by this request of the widow of said deceased, for an order of sale of a lot of steers belonging to said Estate between 14 and 20. It is therefore ordered by the court that said HOLLIDAY admr. as aforesaid proceed to sell said steers, at the late residence of said deceased at public outcry, on a credit of 12 months to the highest bidder, on the 6th day of October 1860 first giving notice of the time and place of said sale as required by law, taking bond and good security of the purchaser or purchasers to secure the payment of the purchase money and make report to this court.

 

Estate of MARY A. DAWSON

 

Now at this day come JAMES DAWSON administrator of the Estate of MARY A. DAWSON Deceased and made his report and account of sale of one certain lot situated in the Town of Weston No. 9 in Block No. 6 and it appearing to the court that said sale had been fairly made and in conformity to law, It is therefore ordered adjudged and decreed by the court that said sale be confirmed and recorded by the clerk and that said administrator make…

 

Page 217

 

…conveyance of said real Estate to the purchaser of said Estate, investing in the said purchaser all the rights title interest and claim which the said MARY A. DAWSON Decd. had in and to said Estate.

 

Estate of DAVID PETRY Decd.

 

At this day come JOHN. W. PERKINS administrator of the Estate of DAVID PETRY Decd. and by petition prays the court for an order of sale of the perishable property of said deceased and it appearing to the court that there is a necessity for the sale of said property for the payment of the administration fees and debts against said Estate, Ordered by the Court that the said administrator proceed to sell said perishable property on a credit of 12 months at the Town of Weston at public outcry to the highest bidder first giving notice of the time and place of said sale as required by law, said sale to be between the hours of 10 A. M. and 4 P. M. taking bond and good security of the purchaser or purchasers of said property, said sale to be on the 6th day of October 1860.

 

Estate of DAVID PETRY Decd.

 

At this day come the commissioners appointed by this Court to appraise the Estate of DAVID PETRY decd. and returned to Court an inventory and appraisement of said Estate, Ordered by the Court that the same be recorded by the clerk.

 

Estate of DANIEL ELLIOTT Decd.

 

At this day come B. R. HARRIS one of the securities on the bond of SMITH McGLOTHLIN Executor of the last will and testament of DANIEL ELLIOTT Decd. and by petition prays the Court to have said S. McGLOTHLIN cited to appear at the next term of this Court and give new bond, and that he the said B. R. HARRIS be released from all future liabilities upon said bond, and the said S. McGLOTHLIN waving [waiving] citation, ordered by the Court that said McGLOTHLIN be and appear at the next term of this court and Execute new bond.

 

Ordered that court be adjourned till tomorrow morning 8 A. M.

Sepr. 25th 1860. Court met according to adjournment.

 

Page 218

 

Estate of R. M. MUGG Decd.

 

At this day comes JAS. M. SPENCER and in writing files his complaint in this court, praying that the administrator of the Estate of RICHARD M. MUGG Decd. may be required to make title to a certain tract or parcel of land sold by the said deceased in his life time to the said JAMES M. SPENCER, and for which he executed his bond, for title and the said administrator (ELISHA CHAMBERS) waving [waiving] service, The court proceeded to examine said bond and it appearing to the court that said sale had been fairly and legally made, It is therefore ordered adjudged and decreed by the court, that the administrator of the Estate of said deceased, make title to the said JAS. M. SPENCER according to the tenor of said bond.

 

Estate of the Minor heirs of E. B. KINDEL Decd.

 

At this day come W. B. KINDEL Guardian of the person and property of MARTIN P., RACHEL, MARTHA ANN & GEORGE KENDEL heirs at law of EPHRAIN B. KINDEL Decd. and in compliance with the order of this court, made upon the complaint of HARRISON STIFF and DAVID STIFF, security upon the bond of said W. B. KINDEL Guardian as aforesaid, and filed in this court a new bond and said bond being approved by the court, It is therefore ordered by the court that the said HARRISON and DAVID STIFF securities as aforesaid be and they are hereby released from any and all liability upon said bond for any future action of the said W. B. KINDEL as Guardian aforesaid.

 

Estate of WM. BUTLER Decd.

 

At this day comes HARRISON JAMISON administrator of the Estate of WM. BUTLER Decd. and makes Report of the condition of said Estate and it appearing to court from said report that there is still remaining in the hands of said administrator two distributives shares, of the real Estate of said Deceased non residents of this State, to wit: the shares of ELIZABETH ARTERBERRY and GRACY ERVIN non residents, Ordered by the court that said administrator proceed to sell said two distributive shares describes as follows Beginning at a post the SE Corner of the Headright of William Butler Thence North 40 ch. [chains] a post on the E. B. line thereof Thence West 16 ch. a post Thence South 30 ch. a post on the S. B. line thereof Thence East 16 ch….

 

Page 219

 

…to the place of beginning at the court house door in the Town of McKinney on the first Tuesday in November 1860 on a credit 2 months at public outcry to the highest bidder, taking notes and good personal security and a lien upon said premises to secure the payment of the purchase money, first giving notice of the time and place of said sale as required by law, in such sales said sale to be between the hours 1 A M. & 4 P. M. and make report to this court.

 

Ordered that Court be adjourned untill (sic) tomorrow morning 8 a. m.

 

Sept. 26th Court met according to adjournment.

 

Estate of J. J. MILLER, Decd.

 

This day come on to be heard the application of R. R. MAYS [MAYES] to remove J. J. FISHER from the administration of the Estate of J. J. MILLER decd. for disobeying the order of the Court and the evidence and facts and the argument of Counsel being heard and Considered by the Court, It is considered by the Court that the evidence adduced upon this trail does not sustain the complaint of said R. R. MAYS again said JAMES T. FISHER wherefore it is ordered adjudged and decreed by the Court that the said JAMES T. FISHER admr. as aforesaid be not dismissed, but that he be continued in said administration and that he recover of said MAYS the Cost of this proceeding.

 

Estate of J. J. MILLER, Decd.

 

Now at this day come on this cause to be heard continued from the last Term of this court, required JAS. T. FISHER admr. of the estate of J. J. MILLER dec. to report to this court his action the collection of the purchase money of the sale of 80 acres of land belonging to said Estate sold more than 12 months since, said FISHER appearing and making his report in writing that said money was collected and subject to the order of the court. Therefore ordered by court that said Report be approved and the complaint dismissed.

 

Page 221

 

Estate of J. J. MILLER, Decd. Oct. 2d 1860

 

This day came on to be heard the complaint of ROBT R. MAYES] in vacation for the Removal of JAMES T. FISHER from the administration of the Estate of JOHN J. MILLER decd. and this Court being satisfied from the Evidence adduced that the facts set forth in said compliant now on file are true, It is ordered adjudged and decreed by the Court that said JAMES T. FISHER be removed from said administration on the Estate of said JOHN J. MILLER deceased and his letters of administration on said Estate are hereby revoked, and it is further ordered that said JAMES T. FISHER be served with a copy of this order forthwith.

 

A.      T. Robertson C. J. C. C.

 

 

Stat of Texas

County of Collin County Court of Collin County Pertaining to Estate In Vacation Oct 15th 1860

Present A. T. Robertson Chief Robertson Chief Justice

Buford Henry Clerk

 

Community Property of W. H. PERKINS decd. & ALMIRA PERKINS, Surviving wife

 

At this day come ALMIRA PERKINS and by petition prays the court for the appointment of commissioners to appraise the Community property of W. H. PERKINS decd. and herself the surviving wife of said deceased.

Ordered by the court that JOSEPH DIXON, GABRIEL PHILIPS and P. A. HAMILTON be and they are appointed to appraise and make out inventory of the community property of W. H. PERKINS Decd. and ALMIRA PERKINS his surviving wife and make report to this Court at its next regular term.

A.      T. Robertson, C. J. C. C.

 

Page 222

 


State of Texas The County Court of Collin County

County of Collin Pertaining to Estates, Met at the Court

House in the town of McKinney on

The 29th day of October A. D. 1860.

Present A. T. Robertson Chief Justice

Buford Henry Clerk

Estate of JOSEPH P. STUART Decd.

 

At this comes ALEXANDER NEWMAN by petition and prays the court for the appointment of administrator on the Estate of JOSEPH P. STUART Decd. and it appearing to the court that notice of said petition had been given as required by law and [no] one appearing and contesting said appointment it is therefore ordered by the court that ALEXANDER NEWMAN be and he is hereby appointed the administrator of said Estate and that letters be issued upon his giving bond in the sum of 7000 dollars. (Issued.)

 

 

Estate of JOSEPH P. STUART Decd.

 

Ordered by the Court that D. S. FRANKLIN, STEPHEN JONES and SIMON H. WILSON be and they are hereby appointed commissioners to appraise the Estate of JOSEPH P. STUART Decd. and make report to this Court.

 

Estate of DANIEL ELLIOTT Decd.

 

B. R. HARRIS

Vs. Now comes on this cause to be heard

SMITH McGLOTHLIN by the Court, and the said S. MCGLOTHLIN Executor of the last will of DANL. ELLIOTT Decd upon the complaint of the said B. R. HARRIS and the order of said Court to give new bond as said Executor of the Estate of DANL. ELLIOTT Decd. and the said S. McGLOTHLIN failing to give said bond it is therefore ordered adjudged and decreed by the court, that the said S. McGLOTHLIN be removed as the executor of the last will of Said D. ELLIOTT Decd. and that his letters be and they are hereby revoked.

 

Estate of WM. BOUNDS, Decd.

 

At this time come KEZIE [KEZIAH] BOUNDS by petition and prays the court for the appointment of Guardians upon the person and property of FRANCES M., GEO. W. and MALINDA C. BOUNDS and it appearing to the court that notice of said petition had been as required by law and no one appearing contesting said appointment It is ordered by the court that the said…

 

Page 223

 

KEZIE BOUNDS be appointed Guardian of the persons and property of FRANCES M., GEO. W. and MATILDA BOUNDS and that letters be issued to her upon her giving bond in the sum of one thousand dollars.

 

Estate of DANIEL ELLIOTT Decd.

 

Now at this day comes B. R. HOUGHTON by petition and prays the court for the appointment of administrator De bonis Non with the will annest (annexed?), and it appearing to the court that notice had been given as required by law, and no one appearing and contesting said appointment, It is therefore ordered by the Court that B. R. HOUGHTON be and he is hereby appointed the administrator of the Estate of DANIEL ELLIOTT Decd. with the Will annest (annexed?) and that letters be issued to the said HOUGHTON, he having bond in the sum of 4000 dollars.

letters issued.

 

Estate of DANL. ELLIOTT Decd.

 

Now at this day come B. R. HOUGTON admr. de bonis non with the will annext (annexed?) and by petition prays the Court for an order of sale, of the perishable property of said Estate and also for an order to rent about 40 acres of improved lands of said Estate, ordered by the court that the said admr. proceed to sell said perishable property at the said late residence of said deceased at public outcry to the highest bidder on a credit of 12 months first giving notice as required by law taking bond and approved security of the purchaser and also that he rent said improved lands, first giving notice as required by law, of the time and place of renting said land not to be rented for a longer time than 12 months nor less than 9 months, said sale and renting to take place at the earliest practicable period.

 

Estate of MOSES SPARKS Decd.

 

At this day comes RICHARD SPARKS admr. of MOSES SPARKS decd. and makes report of the condition of said Estate, as follows, collected 424 33/100 dollars and paid out including 5 per cent coms. (commission?) on the said 424 33/100 $88-15. Ordered by the court that the same be approved and that said admr. pay over the same to those who are entitled to the same.

 

Page 224

 

Estate of HENRY D. EAKLE Decd.

 

Now at this day come J. O. STRAUGHAM one of the admrs. of the Estate of HENRY D. EAKLE Decd. makes his annual report of the condition of said Estate, and reports claims presented and allowed $322-03, and a sufficiency of assets in his hands to pay said claims and prays the court for an order to make payment. It is therefore ordered by the court that said administrator proceed to pay said claims and court fees.

 

October 30th 1860 Second day of the Court.

 

Estate of CALEB PHILLIPS Decd.

 

At this day comes WM. PHILIPS admr. of the Estate of CALEB PHILIPS Decd. and made his annual Report, Ordered by the Court that the same be approved.

 

Estate of JOHN PHILIPS, Non Compos

 

At this day come WM. A. PHILIPS Guardian of JOHN PHILIPS non compos by petition prays the court for an order of sale of 320 acres of land belonging to the Estate of said JOHN PHILIPS representing to the Court that there is a necessity for said sale for the support of said JOHN PHILIPS non compos and the court being satisfied of the truth of said representation, It is therefore ordered by the court that citation be published in the McKinney Messenger, a newspaper printed in Collin County, Texas for four successive weeks, stating the application for such sale the property sought to be sold and the Terms of the Court when the application will be acted, and shall require all persons interested in the welfare of the said JOHN PHILIPS to appear and show cause why such sale should not be made as applied for.

 

Estate of THOS. FINLEY Decd.

 

At [this] time comes WM. H. HOLLIDAY admr. of the Estate of THOS. FINLEY Decd. with the will annexed, and makes report of sales of property belonging to said Estates, ordered by the court that accounts of sale be confirmed and recorded by the clerk.

 

Page 225

 

Estate of HENRY HART Decd.

 

Now comes B. Y. HART Executor of the last will of HENRY HART and make report of the sale of property belonging to said Estate, ordered by the court that said sale be confirmed and recorded by the clerk.

 

Estate of HENRY HART Decd.

 

Now comes B. Y. HART Executor of the last will of HENRY HART Decd. and makes an additional Inventory of the Estate of said decd. Ordered by the court that the same be recorded by the clerk.

 

Estate of DAVID PETRA Decd.

 

Now Comes JOHN W. PERKINS administrator of the Estate of DAVID PETRA decd. and makes report of the sale of perishable property belonging to said Estate and it appearing to the Court that said sale had been fairly made Ordered by the Court that the same be recorded by the clerk.

 

Estate of JOHN PHILIPS Non Compos

 

Now at this time comes WM. A. PHILIPS Guardian of JOHN PHILIPS non compos and represents to the Court that there is a necessity of Procuring a house for the said PHILIPS and family. It is therefore ordered by the Court that said Guardian proceed to secure some suitable place or piece of land and build a house suitable for the accomidation (sic-accommodation) of said PHILIPS non compos and family and make report to this court.

 

Community Property of W. H. PERKINS Decd. & his wife.

 

At this day come ALMIRA PERKINS the wife of WM. H. PERKINS decd. and returned into Court an Inventory the Community property of herself and deceased husband WM. H. PERKINS. Ordered by the Court that said Inventory be recorded by the Clerk.

 

Page 226

 

Oct. 31st 1860 the third day of the Court.

 

Estate of J. P. STUART Decd.

 

Now come A. NEWMAN admr. of the estate of J. P. STUART Decd. and returned into Court Inventory and appraisement of the Estate of said deceased, Ordered by the Court that the same be recorded by the clerk.

 

Estate of J. P. STUART Decd.

 

At this day comes A. NEWMAN admr. of the Estate of J. P. STUART Decd. and by Petition and prays the court for an order of sale of all the perishable property of said deceased and it appearing to the court that there is a necessity for the sale of said property for the payment of debts, and administration fee, and it further appearing to the court that said property is liable to perish or waste, Ordered by the court that said administrator proceed to sell said property on a credit of 12 months on all sums over 5 dollars at public outcry to the highest bidder, at the late residence of said deceased first giving notice of the time and place of said sale as required by Law said sale to be between the hours of 10 A. M. and 4 P. M., the purchaser giving bond and good security the payment of the purchase money.

 

Estate of GEORGE PHILIPS Decd.

 

Now at this day comes MARGARET JENKINS admrx. of the Estate of GEORGE PHILIPS Decd. for final Settlement with said Estate, and it appearing to the satisfaction of the court that notice of the filing of the account of said Admrx. with the clerk of this court had been given as required by law, said settlement, and the court proceeding to examine said account, and it appearing to the court that said account was fairly made and all the debts known to exist against said estate had been paid, and all the vouchers properly authenticated as required by law, Ordered by the court that said account be approved, and that the same be regarded as a final Settlement of Said Estate Except the partition and distribution of Said Estate among the devisees and legatees of said Estate which Said Estate to be partitioned consists principally and almost entirely in land.

 

Page 227

 

Estate of DANL. ELLIOTT Decd.

 

Ordered by the Court that there be set apart as a homestead for the Widow and children of DANIEL ELLIOTT decd. the tract of land upon which said deceased resided at the time of his decease and it is further ordered by the court that there be set apart 20 acres of improved land and another tract of land belonging to said Estate for one year for the use and cultivation of said Widow & children for her support and maintenance for one year.

 

RACHEL MARX Now at [this] time come on this cause to

vs. be heard which said cause was continued

WM. B. KINDEL at the August Term of this court and

Parties now appearing in court, and by agreement between said parties, Ordered by the Court that this cause be continued to the March term of this Court 1861.

 

LUCY N. ELSTON

vs. Now at this time this cause come on

ALLEN ELSTON to be heard, and the same is

Continued by apperation (sic) of law to the next term of this court

 

Estate of JAS. E. MEREDITH Decd.

 

At this time come the administrator of the Estate of JAS. E. MEREDITH Decd. and made report of Inventory and appraisement of the Estate of said deceased, Ordered by the Court that the same be recorded by the clerk of this Court.

 

Estate of JAS. E. MEREDITH Decd.

 

Now at this day come the admr. of the Estate of JAS. E. MEREDITH decd. and by petition in writing prays the Court for an order of Sale of the personal property of Said deceased, for the payment of debts and administration fees, Ordered by the Court that said Admr. proceed to sell said property at the court house in the town of McKinney at public outcry to the highest bidder on a credit of 12 months, first giving notice of the time and place of sale as required by law, the purchase to give bond and good security for the payment of the purchase money.

 

Page 228

 

State of Texas The County Court of Collin County

County of Collin Pertaining to Estates Met Novr. 26th

1860 at the court house in the Town of McKinney

Present A. T. Robertson C. J. C. C. Texas

Buford Henry Clk.

 

Community Property SARAH E. BELL decd. & B. M. BELL

 

At this day comes B. M. BELL the surviving husband of SARAH E. BELL deceased, by petition and represents to the court that said deceased departed this life on the 29th day of Decr. 1858 in said county of Collin leaving the following named children to wit CLEMENTINE, NELSON and RUFUS BELL, and an Estate of Community property both real and personal accumulated by said deceased and your petitioner and prays the court for the appointment of appraiser to appraise said community property that Inventory appraisement may be returned to this court and recorded as required by law. Ordered by the court that JNO. SHIELDS, JOSEPH M. BOUNDS and M. R. PARRISH be and they are hereby appointed Commissioners to appraise the Community property of SARAH E. BELL decd. and B. M. BELL her surviving husband and make report to this court.

 

Estate of JAMES E. MEREDITH

 

At this day comes JNO. KENNEDY and returned into Court account of sale as the administrator of JAS. E. MEREDITH Decd. of all the perishable property of said deceased. Ordered by the Court that said account of sale be approved and that the same be recorded by the Clerk.

 

Second day Novr. 27th 1860 Court met according to adjournment.

 

Estate of DANIEL ELLIOTT

 

At this day come B. R. HOUGHTON administrator of the Estate of DANL. ELLIOTT Decd. and made report of sale of the personal property of said Decd. and it appearing to the Court that said sale had been fairly made and in accordance with law, ordered adjudged and decreed by the Court that the same be confirmed and recorded by the Clerk.

 

Page 229

 

Estate of MOSES JONES, Decd.

 

At this day come B. R. HOUGHTON administrator of the Estate of MOSES JONES Decd. and by Petition prays the Court to appoint commissioners to made partition of two certain tracts of land, purchased jointly by WALTER YEARY and said MOSES JONES Decd. during his lifetime, each of said parties holding one half undivided interest in said two tracts of land, one of said tracts of land containing 150 acres of land and the other 20 acres, and for particular descriptions of said tracts reference is made to their said land between said WALTER YEARY and the heirs of MOSES JONES decd. and citation, be issued for Service on the said YEARY and the said YEARY waving (waiving) Service by said HOUGHTON Ordered by the Court that ________ CLARK, FIELDEN TWEEDLE and WM. C. ROBINSON be and they are hereby appointed commissioners to make said partition or run division lines of said above named tracts of land and make report to this court.

 

Estate of DAVID WETSEL, Decd.

 

At this day come JAMES WETSEL and by petition & represents to this court that he has an equal undivided half interest with the heirs of DAVID WETSEL decd. in a certain tract of land particularly described in the title bond from ROBERT FITZHUGH to the sd. [said] JAMES WETSEL and DAVID WETSEL Decd. and prays the court that Commissioners be appointed to divided said tracts of land and set apart to him the portion of said tract of land to which he is entitled as well as that portion which the heirs of said DAVID WETSEL Decd. are entitled, Ordered by the Court that MILTON WILKERSON, JNO. HARRIS (FARRES) and M. R. PARRISH be and they are hereby appointed commissioners to make said division and make report to the next term of this court.

 

Estate of JOHN J. MILLER Decd.

 

At this day come J. J. HARRISON and by petition prays for the appointment of administration of administrator de bonis non on the Estate of JOHN J. MILLER Decd. and it appearing to the Court that notice of his application had been given as required by law and no one appearing and contesting said appointment, It is therefore ordered by the court that J. J. HARRISON be and he is hereby appointed administrator de bonis non of the Estate of JOHN J. MILLER Decd. and that letters be issued to him upon [him] giving bond and good Security in the sum of Five thousand Dollars.

 

Page 230

 

LUCY ELSTON

vs. This day come on to be heard the application

ALLEN ELSTON of LUCY ELSTON to dismiss ALLEN ELSTON

From the Guardianship of WILEY T. COMER, WILLIAM H. COMER and SUSAN F. COMER minor heirs of THOMAS COMER decd. and the Court being satisfied from the evidence that the said ALLEN ELSTON has been guilty of Gross neglect in the management of said Estate and he having been duly cited and failing to appear and answer this application it is ordered adjudged and decreed by the court that said ALLEN ELSTON be and he is, hereby removed and dismissed from the Guardianship of said Heirs and that his letters be and they are hereby revoked and it further appearing to the Court that due notice has been given of the application of LUCY ELSTON for letters of Guardianship of said Heirs, It is ordered and decreed that the said LUCY ELSTON be and she is hereby appointed Guardian of the Estate of said WILEY T., WILLIAN H. and SUSAN T. COMER and that letters issue to her upon her giving bond with two good securities in the sum of one thousand dollars.

 

Estate of JOHN PHILIPS Non Compos

 

 

At this day come on to be heard the petition of W. A. PHILIPS Guardian of JOHN PHILIPS non compos for the sale of a certain tract of land belonging to said JOHN PHILIPS non compos, for the support and maintenance of the said JOHN PHILIPS and his family and the court considering of the matter, and hearing the evidence in this cause, and it appearing to the court that notice as required by law [has been given], and not one appearing and contesting said sale of land as prayed for in said petition, and it further appearing to the court that there is a necessity for the sale of said land for the maintenance and support of said JOHN PHILIPS and family, It is ordered adjudged and decreed by the court that WILLIAM A. PHILIPS Guardian as aforesaid proceed to sell 320 acres of land the headright of the said JOHN PHILIPS non compos, In Collin County, Known as Section No. 9, in Town ship 4, North the first base line in range 2, east of the 1st Meridian, on a credit of 12 months, at the court house door in the Town of McKinney on the 1st Tuesday in January 1861 at public outcry to the highest bidder, between the hours 10 A. M. and 4 P. M. taking bond and good security of the purchaser or purchasers, and mortgage on the premises to secure the payment of the purchase money, giving first notice of the time and place of said sale at least for 20 days…

 

Page 231

 

…of the time and place of sale and required by law for the sale of lands, by sheriffs.

 

Estate of HENRY D. EAKLE Decd.

 

At this day come this cause came on to be heard, and CRISSEY GRIFFIN [GRIFFITH] formerly CRISSEY EAKLE and wife of HENRY D. EAKLE decd. and by petition prays the Court for an order of partition and distribution of the lands belonging to the Estate of said deceased, among the heirs and distributes of said deceased, and it appearing to the Court, that there is in the hands of the admr. of the Estate of the said H. D. EAKLE dec. sufficient funds to pay all the debts and claims against said Estate, and it further appearing to the Court that all necessary citations required by law had been served upon the parties and no one appearing and contesting said order of partition and distribution of said lands, and the Court proceeded to ascertain who are the heirs and distributees of said Estate, and it appearing to the Court that CRISSEY GRIFFITH Formerly CRISSEY EAKLE wife of said deceased, ELMIRA BRYANT, and B. F. EAKLE, JOHN EAKLE, JULIANN (?) and JESSE EAKLE minor children of said HENRY D. EAKLE decd. and heirs at law of the Estate of said deceased ordered by the court that M. R. PARRISH be and he is hereby appointed Guardian ad litum of said minor children, It is further ordered by the court that JAMES THOMPSON, GEO. SMITH and DAVID L. HOLT be and they are hereby appointed commissioners to make partition and distribution of the following described tract of land less the number of acres which have been sold out of said tract of land to wit the headright of MATHIAS MOWRY in Collin County on the Pilot Grove fork of Trinity river, and for more particular description of said tract of land reference is made to the Patent for said land bearing date the 7kth day of Novr 1845,--as follows, to wit First Seting (sic) apart to CRISSEY GRIFFITH for merl (?) CRISSEY EAKLE one half of said remaining tract of land and secondly to divide and set apart to each of the other heirs 1/5 part of the remaining other half of said land to wit, to ELMIRA BRYANT 1/5 to B. F. EAKLE 1/5, to JOHN EAKLE 1/5, to (unreadable-JULIANN?) EAKLE 1/5 & JESSE EAKLE 1/5 taking into consideration quality and quantity so as to make said allotments as nearly equal in value as may be [equal] and make report to the next term of this court.

 

Estate of J. P. STUART, Decd.

 

At this day come ALEXD. NEWMAN admr. of the estate of J. P. STUART Decd. and returned to this Court…

 

 

Page 232

 

…an account of Sale of the personal and perishable property of said deceased and it appearing to the court that said sale had been fairly made, It is Ordered adjudged and decreed by the court that said sale be confirmed and that the clerk record the same.

 

Estate of JAMES STALLCUP Decd.

 

THOS. STALLCUP

vs. At this day this cause comes on

M. W. ALLEN to be here where in THOS. STALLCUP

Admr. of the Estate of JAMES STALLCUP Decd. is Plaintiff and M. W. ALLEN is defendant. Ordered by the Court that this Cause be continued to the next term of this court.

 

Estate of WM. BOUNDS Decd.

 

J. M. BOUNDS admr. of the Estate of WM. BOUNDS Decd. who having filed his account current with said Estate for final Settlement failing to be in attendance, Ordered by the Court that this cause be continued to the next term of this court.

 

Estate of J. P. STUART Decd.

 

At this time come A. NEWMAN admr. of the Estate of J. P. STUART, decd. and returned an additional Inventory of the estate of said deceased, Ordered by the court that the clerk recorded the same.

A.      T. Robertson C. J. C. C.

 

Page 233

 

State of Texas The County Court of Collin County

County of Collin Pertaining to Estates In Vacation

Decr. 15th 1860

 

Estate if Minor heirs of JOHN SPEAR [SPEER] JR., Decd.

 

At this time this cause came to be heard and JOHN SPEAR, SR. Guardian of the person and property of ELIZA J., LAURA E. and JOHN F. SPEAR, minor children of JOHN SPEAR, JR. and by petition prays the Court for the appointment of appraisers to appraise the property belonging to said minors, Ordered by the Court that O. EPPS, WM. SHEPARD and P. W. COLLIN be appointed appraisers to appraise the Estate of said minor children and make report to this court.

 

A.      T. Robertson, C. J. C. C.

 

Decr. Term 1860

State of Texas The County Court of Collin

County of Collin County Pertain to Probate

Business begain and holden at

The court house in the Town of McKinney Decr. 31st

A. D. 1860.

Present A. T. Robertson Chief Justice

Buford Henry Clerk

 

Estate of JOHN HENRY Decd.

 

At this day come J. H. HENRY and by Petition prays the court for the appointment of administration upon the Estate of JOHN HENRY Decd. and it appearing to the court that notice of the application of the said J. H. HENRY for Said appointment had been given as required by law, Ordered by the court that J. H. HENRY be and he is hereby appointed administrator of the Estate of the said JOHN HENRY Decd. and that letters be issued to the said J. H. HENRY upon his giving bond in the sum of 14 Thousand Dollars.

 

Estate of JOHN HAGGARD

 

At this day come S. A. ELKIN admr. of the Estate of JOHN HAGGARD Decd. and by his petition prays the court for and [an?] order of Court to pay to GEORGE FOX one of the heirs of said Estate the sum of 300 dollars with eight per cent interest thereon from March 1859 to the present time, and it appearing to the court that the prayer in said petition is just and equitable (?)…

 

Page 234

 

…It is therefore ordered and adjudged by the Court, that the said S. A. ELKIN pay to the said FOX out of the effects of said Estate the said sum of 300 dollars and interest at the rate of 8 percent as aforesaid.

 

Estate of THOS. FINLEY Decd.

 

Now at this day comes W. H. HOLLIDAY Executor of the Estate of THOS. FINLEY Decd. and presents his account current with said Estate for final Settlement, Ordered by the Court that the Clerk of said Court have the notice given as required by law of the presentation of said account.

 

Janry. 1st 1861 2d day of Said Term Court Met according to adjournment.

 

Estate of MOSES JONES Decd.

 

At this day come the commissioners appointed by this court to made partition and divide two certain tracts of land between the heirs of MOSES JONES Decd. and WALTER YEARY, and make to this court their Report of the division of the said tracts of land, and It appearing to the court that said division had been fairly made, Therefore It is ordered adjudged and decreed by the court that said partition and Division of said lands between the Said parties be confirmed and that the same be recorded by the clerk.

 

Estate of MARY HENDERSON and GRACY ERWIN heirs at Law of WM. BUTLER decd.

 

At this day come HARRISON JAMISON administrator of the Estate of WM. BUTLER decd. and in writing makes his account of sale to this court of the sale of lands belonging to MARY HENDERSON and GRACY ERWIN heirs at law of the Estate of said WM. BUTLER Decd. and it appearing to the court that said sale was fairly made, it is therefore ordered adjudged and decreed by the Court that said sale be confirmed and that the same be recorded by the clerk and that HARRISON JAMISON admr. as aforesaid conveyance by Deed of said lands to the purchaser thereof, vesting the title that heretofore existed in the said MARY HENDERSON & GRACY ERWIN in said purchaser and divest said MARY HENDERSON and GRACY ERWIN.

 

Page 235

 

Estate of MARY C. ROBERTS Minor

 

At this day come PETER E. ROBERTS Guardian of the person and Estate of MARY C. ROBERTS, and made his Report of the condition of his wards Estate as follows towit in cash notes $828-46 at 12 per cent interest since the 15th August 1860—6 Head of horses & 8 Head of cattle, and $5.00 for sale of stray Sheep, Also his account current with his said wards Estate, to the amount of $106.08. Ordered by the court that said account be allowed and the report approved.

 

Estate of J. J. MILLER Decd.

 

At this day come J. J. HARRISON admr. de bonis non of the Estate of J. J. MILLER Decd. and made report of his action as such admr. ordered by the court that the same be approved.

 

Janry. 2d 1861. Court met according to adjournment 3d day said Term.

 

Estate of MARY C. ROBERTS Minor

 

Upon the petition of PETER E. ROBERTS Guardian of MARY C. ROBERTS, ordered by the court that there be set apppart [apart] of the Estate of said MARY C. ROBERTS for her maintanance [maintenance] for the present year and Education Fifty dollars.

 

Estate of JOHN SPEER [SPEAR] JR. Decd.

 

Application of MARY McCANTS for appointment of administratrix with the will annexed, of said decd. Now this cause come on to be heard, It appearing to the court that notice of said application had been given as required by law in such cases and JOHN SPEER SENR. appearing and protesting against such appointment, the court proceeded to hear and try said cause, after hearing the evidence in said cause in which was read the will of JOHN SPEER JUNIOR and hearing the argument of Council, the Court is of the opinion that a married woman might under the law be appointed administratrix but after such appointment could not qualify or do any act whatever pertaining to the Estate without being joined by her husband, the court is further of the opinion that no necessity exists at present of sufficient magnitude to warrant the expense of an administration upon said Estate, It is therefore Ordered by the court that the prayer of petition MARY J. McCANTS [be] rejected…

 

Page 236

 

…and the said MARY J. McCANTS be Taxed with the costs of this cause.

Whereupon cause MARY J. McCANTS and give notice of her appeal to the District Court.

 

Estate of the Minor heirs of JOHN SPEER JUNR. Decd.

 

MARY J. McCANTS

vs. Now at this time this cause came on

JOHN SPEER SENR. to be hear, wherein MARY J. McCANTS

Charges JOHN SPEER SEN. Guardian of the person and property of ELIZA J., LAURA E. and JOHN F. SPEER the minor heirs at Law of JOHN SPEER JUNR. Decd. with Gross neglect in the management of said Estate, and the court after hearing the evidence and arguments of concil [sic-council/counsel] in said cause is of the opinion that the said guilty (sic) JOHN SPEER SENR. Guardian aforesaid has not been [guilty] of an Gross neglect or mismanagement of the Estate of said wards, It is therefore ordered adjudged and decreed by the court that the application of Plaintiff in said cause for the revocation of the letters of Guardianship of the said JOHN SPEER SENR. as aforesaid be dismissed by this court and that Plaintiff be taxed with the costs in this cause expended.

 

Estate of the Minor heirs of JOHN SPEER JUNR. Decd.

 

Now at this time this cause came to be heard, the Presentation of the inventory and appraisement of the Estate of the Minor heirs at law of JOHN SPEER JUNR. Decd. made by JOHN SPEER SENR. Guardian of said Minors and appraisers appointed by this court, after examination of said Inventory and appraisement, It [is] ordered by the court that the same be approved, and recorded by the clerk.

 

Now at this time come JOHN SPEER SENR. Guardian of the Minor heirs at law of JOHN SPEER JUNR. Decd. and made report of the condition of his wards Estate showing on hands in chash [cash] $66 55/100 ordered by the court that said report be approved.

 

Also comes JOHN SPEER SEN. Guardian of the minor heirs of JOHN SPEER JUNR., and by petition prays the court for an order of court for the sale of some beer steers of the Estate of said minors, ordered by the court that the said JOHN SPEER Guardian as aforesaid proceed to sell at public outcry to the highest bidder at such time and place as he may deem most to the interest to his said wards on a credit or for cash as he may deem best and Report such sale or sales to this court.

 

Page 237

 

Estate of H. D. EAKLE Decd.

 

Now at this time this cause come on to be heard. The Report of the Commissioners appointed by this Court to make partition and distribution of the lands of the Estate of HENRY D. EAKLE Decd. among the heirs at law of said deceased, and the court considering the report of said Commissioners, and it appearing to the Court that said partition and distribution of said lands had been fairly and justly made among the heirs of said lands, It is ordered adjudged and decreed by the Court that the same be confirmed and that the clerk record the same and the party heirs by taxed with costs of the said partition and distribution, the surviving wife of said deceases with ½ of said costs and the other heirs of said Estate with 1/5 part of the other half of said costs each.

 

Estate of DAVID WETSEL

 

Now at this come comes PETER WETSEL admr. of the Estate of DAVID WETSEL Decd. and makes his annual report of the condition of said Estate, Ordered by the Court that the same be approved.

 

Estate of DAVID WETSEL

 

Now at this time comes PETER WETSEL admr. of the Estate of DAVID WETSEL Decd. and by Petition ask an order of Court [to] rent Property belonging to said Estate, Ordered by the Court that Said administrator proceed to rent Said property at public outcry to the highest bidder for the space of 12 months first giving notice of said renting as required by law and make report to this Court.

 

Page 238

 

Jany. Term 1861

State of Texas

 

County of Collin County Court of Collin County Pertaining

To Estates Met at the Court house in the Town of McKinney

January 28th 1861.

Present A. T. Robertson Chief Justice

Buford Henry Clerk

 

Estate of THOS. FINLEY Decd.

 

Now at this day comes WM. H. HOLLIDAY administrator of the Estate of THOS. FINLEY with the will annexed for finnal (sic-final) Settlement with Said Estate and it appearing to the Court that notice of this filing of said HOLLIDAY account current with said Estate had been given as required by Law, and the court proceeding to examine Said account, and it appearing to the court that said account is just and fairly made and no one appearing and contesting the same, It is therefore ordered adjudged and decreed by the Court that the same be allowed and confirmed and that said HOLLIDAY admr. aforesaid be allowed the sum of $10.39 coms. [commission] and also the sum of 30 dollars for attention to stock—and $8-36 court fees to this date and it is further ordered by the Court that the said W. H. HOLLIDAY admr. as aforesaid be and he is hereby discharged from his trust and that the succession cease.

 

Estate of JOHN PHILIPS Non Compos

 

Now at this day come WM. A. PHILIPS Guardian of JOHN PHILIPS non compos, and in writing presents to the court his account of sale of 320 acres of land the headright survey of the said JOHN PHILIPS, sold by order of this court, and it appearing to the Court that said sale had been fairly made, and in conformity with law, It is therefore ordered adjudged and decreed by the court that sale in all things be confirmed and recorded by the clerk and that the said W. A. PHILIPS Guardian as aforesaid convey the same to the purchaser thereof.

 

Estate of R. M. MUGG Decd.

 

At this day come ELISHA CHAMBERS admr. of the Estate of R. M. MUGG Decd. and made his Second annual report of the condition of said Estate, Ordered by the court that the same be approved.

 

Page 239

 

Estate of JNO. HENRY Decd.

 

At this day come the appraisers appointed by the court to appraise the Estate of JOHN HENRY Decd. and made their report in writing in the form of Inventory of the appraisement of said Estate and J. H. HENRY making at the same time his report of the claims due and coming to said Estate, ordered by the Court that Inventory and appraisement be recorded by the clerk.

 

Second day.

 

Estate of the Minor heirs of H. D. EAKLE Decd.

 

At this day comes J. O. STRAUGHAM and by petition prays for the appointment of Guardian of the person and property of the Minor heirs of HENRY D. EAKLES Decd viz. B. F. EAKLES, JOHN EAKLE, JULIA ANN EAKLE and JESSE EAKLE under the age of 14 years and it appearing to the Court that notice of the application of said J. O. STRAUGHAM for appointment had been given as required by law and no one contesting said appointment, It is ordered that J. O. STRAUGHAM be and he is hereby a appointed Guardian of the Estate and persons of the above named Minors heirs at Law of H. D. EAKLE Decd. and that letters be issued upon the said J. O. STRAUGHAM upon his giving bond in the Sum of $2000.00.

 

Estate of B. C. STROTHER Decd.

 

At this day comes J. O. STRAUGHAM Commissioners appointed by this court to sell one horse belonging to the Estate of B. C. STROTHER Decd. and by petition prays for an Order of Court to pay over the sale price of said horse to after deducting the expenses and court fee to E. O. MALLOW, M. B. NICHOLSON & L. C. STROTHER. Ordered by the Court that petitioners pray be granted.

 

Estate of the Minors heirs of A. G. WILSON

 

At this day comes W. A. WILLIAMS Guardian of said minors, and in writing presents his report of the condition of his wards Estate, Ordered by this Court that said cause be continued to the next term of this [court] for want of vouchers.

 

Estate of the minor heirs of NANCY WILLIAMS

 

Ordered by the court that this cause be continued for the want of vouchers, necessary for settlement.

 

 

Page 240

 

Estate of H. D. EAKLE Decd.

 

At this day comes J. O. STRAUGHAM admr. of the Estate of H. D. EAKLE Decd. and makes his second report of the Condition of Said Estate, Ordered by the Court that the Same be approved.

 

Estate of DAVID WETSEL Decd.

 

At this time comes PETER WETSEL admr. of the Estate of DAVID WETSEL Decd. with his account of sale and rent of Property belonging to said Estate, Ordered by the Court that the same be confirmed and recorded by the clerk.

 

Estate of GEORGE PHILIPS Decd.

 

Ordered by the Court that application for Partition and distribution of the Estate of GEORGE PHILIPS be continued to the next Term of this Court.

A.      T. Robertson C. J. C. C.

 

 

Feby. Term. 1861

 

State of Texas

County of Collin County Court of Collin Co. pertaining to

Estates begain and holden at the court

house in the Town of McKinney Feby 25th 1861.

Present A. T. Robertson Chief Justice

Buford Henry Clerk

J. Bandy Dept. Sheriff

 

Estate of THOS. SHAIN decd. HARRIET SHAIN Decd.

 

Ordered by the court that DAVID STIFF be and he is hereby appointed the administrator of the Estate of THOS. SHAIN & HARRIET SHAIN deceased, and that letters be issued to him when he executes bond in the sum of 6000 dollars for his faithful performance of his obligation as such administrator.

 

Estate of W. G. HAYWOOD Decd.

 

Ordered by the court that FIELDEN TWEEDLE Executor of the Estate of W. G. HAYWOOD Decd. be allowed his account of $130.76 for money and expenditures in attending to Said Estate.

 

Estate of WM. G. HAYWOOD deceased

 

This day FIELDEN TWEEDLE Executor of the Estate of W. G. HAYWOOD decd. made report of the condition…

 

Page 241

 

…of the Estate of said decd. in which he shows that the suit which was presiding (?) against said Estate has terminated favorably, and that he has received 156 dollars for hire of Negro man ordered by the Court that said report be approved.

 

Also ordered by the Court that said FIELDEN TWEEDLE Executor as aforesaid proceed to pay the claims which have been allowed and approved against said Estate.

 

Estate of GEORGE PHILIPS Decd.

 

Now this cause, continued at the last term of this Court, comes on to be heard, the petition of MARGARET JENKINS, Administratrix of the Estate of GEORGE PHILIPS decd. joined by her husband SAML. S. JENKINS, praying the court for an order of partition and distribution of the Estate of said deceased, among the heirs at Law of the said Estate, and it appearing to the court that notice of said petition had been given as required by Law, and it further appearing to the court, that MARGARET JENKINS formerly the wife of the said deceased, and CATHERINE PHILIPS, COLUMBUS PHILIPS and JULIAN PHILPS, Minor children of the said deceased are the heirs at law of said Estate and it further appearing to this court that the said MARGARET JENKINS is the Guardian of said Minor children, and that 310 acres of Land the homestead and 91 acres of Timbered Land were the Separate property of the said GEORGE PHILIPS deceased, it is therefore ordered by the court that G. W. EASTES (EASTUS), JOSEPH DIXON, and GABRIEL PHILIPS be and they are hereby appointed commissioners to make partition and distribution of the above named tracts of land among the heirs of said deceased as above named in the following manner to wit to the said MARGARET JENKINS a life estate in the 1/3 of the aforesaid tracts of land, and of the remaining part of the said tracts to each of the above named children 1/3 part, taking into consideration the quality and quantity of each one of said shares, fixing the value thereon, and the personal property of said Estate divide as follows, to wit to the said MARGARET JENKINS ½ her own Right, and the remaining half divided among the aforesaid named children to each 1/3 part and make report to the next term of this court.

 

Page 242

 

Estate of the Minor heirs of EPHRAIN KENDEL (KENDLE, KENDAL)

 

Upon information to the court that the bond of WM. B. KINDEL Guardian of the Minor heirs of EPHRAIN KINDEL deceased is insufficient, It is therefore ordered by court that WILLIAM B. KINDEL Guardian as aforesaid be cited to appear at the next term of the Court and Give a new bond as said Guardian.

 

 

 

State of Texas

County of Collin County Court of Collin County in

Vacation March 8th 1861 Pertaining

to Estates

 

Estate of E. WILKS Dec. & MARTHA WILKS

 

At this day come MARTHA WILKS the surviving wife of EDWARD WILKS and prays the court to appoint appraisers to appraise the community property of the said deceased and herself. Ordered by the court that F. LUCAS, DANL. BRADLEY & W. SNIDER be appointed appraisers to appraise the community property of EDWARD WILKS Decd. and MARTHA his surviving wife and make report to this court.

A.      T. Robertson, C. J. C. C.

 

 

 

State of Texas County Court of Collin County in

County of Collin vacation March 14th 1861 Pertaining

To Estates

 

Estate of THOS. & HARRIET SHAIN Decd.

 

Ordered by the court that WM. B. BENGE, J. M. BOUNDS and WM. SNAPP be and they are hereby appointed appraisers to appraise the Estate of THOS. & HARRIET SHAIN Decd. and make report to this court.

A.      T. Robertson C. J. C. C.

 

Page 243

 

The State of Texas March Term

County of Collin County Court of Collin County Pertaining

To Estates met at the Court House in the

Town of McKinney March 25th 1861.

Present A. T. Robertson C. J.

Buford Henry Clerk

 

Estate of W. P. BONE Minor

 

At this day come JOHN D. BONE Guardian of the person and property of W. P. BONE minor, and made his annual Report of the condition of his wards Estate as follows, to wit that he had cash on hand of his wards Estate March 6 1860 $152.21

Interest on same for one year 15.21

167.36

And has paid out in the management of said estate 70.44

Balance on hand $96.92

 

Ordered by the court that said exhibit and account be allowed and approved.

 

Estate of G. TROTTER Decd.

 

At this day H. C. TROTTER admr. of the Estate of G. TROTTER Decd. made his annual exhibit of the condition of said Estate, ordered by the court that the same be approved.

 

March 26th 1861 Second day

 

Estate of the Minor heirs A. G. WILSON Decd.

 

Now at this day come on this course to be heard and W. A. WILLIAMS Guardian of said minors presented his annual exhibit of the condition of his said wards Estate as follows to wit of Negro during the last year $802.00

Expended 393.57

Cash on hand $408.43

Ordered by the court that Said exhibit be allowed and approved.

 

Estate of the Minor heirs of NANCY WILLIAMS Decd.

 

At this day comes W. A. WILLIAMS Guardian of the minor heirs of NANCY WILLIAMS Decd. and presents an exhibit of the conditions of his Wards Estate…

 

Page 244

 

…as follows to wit: cash on hand 1st Jany 1860 $265.72

Interest on same for 12 months 151.88

$1417.60

Expended for his said wards 424.16

Balance cash on hand Jany 12, 1861 $993.44

Ordered by the court that said exhibit be approved and allowed.

 

Estate of the minor heirs of E. KENDEL Decd.

 

Now at his day this cause come on to be heard and it appearing to the court that W. B. KENDEL Guardian of the minor heirs of EPHRAIN KENDEL has been duly cited to appear at this court and to give a new bond as such Guardian and the said W. B. KENDEL Guardian as aforesaid failing to appear and to Give said bond, It is therefore ordered by the Court that the Said W. B. KENDEL Guardian of Said minors be and he is hereby removed from his said Trust and that his letters of Guardianship be and they are hereby revoked.

 

Estate of C. B. TALKINGTON

 

At this day come M. C. TALKINGTON Guardian of the Estate of C. B. TALKINGTON and presented his account current with his said wards Estate for final settlement, and the said C. B. TALKINGTON who having reached the years of maturity appearing in person in open court and making no objection to said account and the court considering of said account and it appearing to the court that said account was fairly made, and the said M. C. TALKINGTON Guardian aforesaid presenting the receipt of his said ward for said Estate in full, It is therefore ordered by this court that said account be confirmed and that the said M. C. TALKINGTON be discharged from his trust.

 

Estate of GEO. PHILIPS, Decd.

 

Whereas the coms. [commissioners] appointed by this court to make partition and distribution of said Estate ordered by the court that this cause be continued to the next term of this court, said coms. having failed to make report.

 

Page 245

 

Estate of D. WETSEL, Decd.

 

At this day come PETER WETSEL admr. and made an additional report of the condition of said Estate as required by Article 763 O. & W. Digest Order by the Court that same be approved.

 

State of Texas

County of Collin The County Court of Collin County

Pertaining to Estates April Term

1861 April 29th 1861 First day

 

Present A. T. Robertson C. J.

Buford Henry Clerk

 

Estate of EDWARD WILKS Decd. & MARTHA WILKS Community Property

 

At this day come MARTHA WILKS the Surviving partner of EDWARD WILKS Decd and returned inventory of the community property of herself and said EDWARD WILKS Decd. Ordered by the court that the same be recorded.

 

 

Estate of THOS. & HARRIET SHAIN Decd.

 

At this day Inventory and appraisement were returned to this court of the Estate of THOS. & HARRIET SHAIN Decd. and being examined by the court, ordered by the court that the same be recorded by the clerk.

 

Estate of THOS. & HARRIET SHAIN Decd.

 

At this day come DAVID STIFF by petition and prays the court for an order of Sale of the personal and perishable property of the Estate of THOS. & HARRIET SHAIN Decd. Ordered by the Court that the said DAVID STIFF admr. of said Estate proceed to sell said property at the earliest practicable period at such place as the said admr. may deem best, on a credit of 13 months on all sums over $5, taking bond and good security of the purchaser or purchasers to secure the payment of the purchase money, first giving of said sale as required by Law.

 

Page 246

 

Estate of RACHEL E. MAN [MANN] Minor

 

At this day come JACOB ROUTH Guardian of RACHEL E. MAN and made his annual report and Settlement of his wards Estate, which shows on hand at this day $1163.97, ordered by the Court that said report & Settlement be approved.

 

Estate of GEORGE PHILIPS, Decd.

 

At this day come the Commissioners appointed by this court to make partition and distribution of the Estate of G. PHILIPS Decd. and makes their Report, whereupon the Court proceeded to consider the same, and it appearing to the Court that said partition and distribution had been fairly made It is therefore ordered by the Court that said partition and distribution be confirmed and recorded by the Clerk.

 

County Court Collin County Second day

 

Estate of P. E. FRENCH Minor

 

At this come JAMES KEELING Guardian of the property of P. E. FRENCH and makes his annual report of the condition of his wards Estate, as follows to wit: on hand this day $390.46, Ordered by the Court that said report be approved.

 

Estate of J. B. LEE Decd.

 

At this day come ZURITHA LEE administratrix of the Estate of J. B. LEE Decd. and made her annual report of the condition of said Estate, Ordered by the Court that said report be approved.

 

Estate of the minor heirs of THOS. PHILIPS Decd.

 

At this day come A. W. JACKSON Guardian of the ALONZO, ATHENIA & THOMAS PHILIPS minor heirs of THOS. PHILIPS decd. and made report of the condition of his wards Estates, as follows to wit, on hand $2131.35, ordered by the court that said report be approved.

 

Estate of JAMES S. FRENCH, Minor

 

At this day come ROXANNA HOWARD Guardian of JAS. S. FRENCH and makes report of the condition of her wards Estate, and it appearing to the court…

 

Page 247

 

…that upon Settlement that there was not anything of her wards Estate in her hands Ordered by the Court that the Said ROXANNA HOWARD be and she is hereby released from her trust.

 

 

Estate of JAS. STALLCUP Decd.

 

J. J. DICKSON

vs.

THOS. STALLCUP admr. of the

Estate of JAS. STALLCUP Decd. Now at this time come on this cause

to be heard and it appearing to the Court that service has not been had on said THOS. STALLCUP, Ordered by the Court that this cause be continued to the next term of this Court for Service & that citation be issued.

 

Estate of SAML. S. BLACKBURN Decd.

 

SCOTT BAKER (?) &C

Et al At this day this cause come

vs. on to be heard and by agreement

J. M. BOUNDS admr of the parties ordered by the court

That this cause be continued to the next

Term of this Court.

A.      T. Robertson C. J. C. C.

 

 

State of Texas May Term 1861

County of Collin County Court of Collin County pertaining

to Estates in session first day in May

27th 1861

 

Estate of C. O. & W. P. YEARY Minors

 

At this day comes WALTER YEARY Guardian of the Estate of C. O. & W. P. YEARY minor heirs of JAS. W. YEARY Decd. and represented to the Court that said minors have as part of their Estate some stock cattle that are liable to scatter and to be lost & prays the court for an order of sale of said stock cattle, and it appearing to the court that it would be to the interest of said minors to sell said stock, ordered by the court that said WALTER YEARY Guardian as aforesaid proceed to sell said stock cattle or so many of them as he may believe will be to the interest of said minors at the earliest practicable period at public outcry to the highest bidder on a credit of six months giving notice as required by law and taking note & personal security of the purchaser for the payment of the…

 

Page 248

 

…purchase money and report to this court.

 

Estate of A. M., N. H. and S. H. ROWLAND minors

 

Now comes J. W. ROWLAND Guardian of the Estate of AMANDA M, NATHAN H. and SOPHIA H. ROWLAND minor heirs at law of the Estate of THOS. M. ROWLAND and made his annual report of the condition of his wards Estate and settlement as follows,

of the Estate of N. H. ROWLAND on hand this day $1166.44

AMANDA $ 989.32

S. H. $1124.68

Ordered by the court that said report and settlement be approved.

 

Estate of SAML. BOGART Decd.

 

Now at this day come J. H. HARBURGER by petition and prays for the appointment of administrator on the goods and Estate which were of SAML. BOGART late of Collin Co. Decd. intestate, and it appearing to the court that notice of said J. H. HARBURGER’S application for said appointment had been as required by law and no one appearing and contesting said appointment, ordered by the court that J. H. HARBERGER be and he is hereby appointed administrator of the Estate of SAML. BOGART Decd. and that letters be issued to him upon his giving bond in the Sum of ten thousand dollars with good personal Security.

 

May Term, County Court in Session Second day May 28—1961

 

 

Estate of GEO. KENDEL Minor

 

Now at this day come GEORGE KINDEL minor over the age of 14 years and heir at law of EPHRAIN KENDEL Decd. and in open court chose GUSTAVUS MARX Guardian of his person and Estate, It is therefore ordered adjudged and decreed by the Court that GUSTAVUS MARX be and he is hereby appointed Guardian of the person and Estate of GEORGE KINDEL minor over the age of 14 and heir at law of EPHRAIN KINDEL Decd. and that letters be issued to the Said MARX upon his giving bond in the Sum of two thousand dollars with good personal Security.

 

Estate of JAS. STALLCUP, Decd.

 

J. J. DICKSON

vs. Ordered by the court that this cause

THOS. STALLCUP Admr. be continued to the next term of this court…

 

 

Page 249

 

…for citation

 

Estate of the minor heirs of A. G. WILSON & NANCY WILLIAMS

 

JOHN FARIES

vs. Ordered by the Court that this cause be

W. A. WILLIAMS, Gur. continued to the next term of this court

for citation.

 

 

State of Texas

County of Collin County Court of Collin County in

Vacation pertaining to Estates

June 4th 1861

 

Community Property of NAOMIA & Y. ROBERTS

 

At this day come NAOMIA ROBERTS the wife and Surviving partner of Y. ROBERTS Decd. and in writing makes application to this Court for the appointment of appraisers to appraise the community property of herself and said Decd. husband. Ordered by the court that STEPHEN JONES, PLEASANT WILSON and WILLIAM CREAGER be and they are appointed appraisers to appraise the community property of NAOMIA ROBERTS surviving wife and partner of Z. ROBERTS Decd. and make report to the June Term of this Court.

 

Page 250

 

State of Texas County Court of Collin County

County of Collin Pertaining to Estates June Term

1861 First day June 24th 1861

 

Community property of Z. ROBERTS Decd. & NAOMIA ROBERTS

 

At this day come the appraisers appointed by this court to appraise the community property of Z. ROBERTS Decd. and his Surviving wife NAOMIA, and returning into this court inventory and appraisement of said Community property and it appearing to the court that said appraisement was fairly made Ordered by the Court that the same be and is hereby approved and that the same be recorded by the clerk and also that a certain partition and distribution made by said appraisers among the heirs of said estate be approved and recorded by the clerk.

 

County Court Second day June 25—1861

 

J. J. DICKSON

vs. This day come the plaintiff and

THOS. STALLCUP admr. It appearing to the court that THOMAS

JAS. STALLCUP Decd. STALLCUP had been duly summoned and he failed to appear or plead or made objection to the application of said DICKSON and it appearing that said DICKSON is the owner and holder of a duly acknowledged and approved claim against the Estate of JAMES STALLCUP amounting at this time principal and interest to the Sum of Four hundred and forty eight 50/100 dollars and the time having lapsed within which by law said administrator should under and exhibit of the condition of said Estate It is ordered and adjudged by the Court that the petf. J. J. DICKSON do have and recover of said STALLCUP administrator of said JAS. STALLCUP the aforesaid sum of 448 44/100 dollars to be in due course of payment as provided by law and it is further ordered that said STALLCUP be required to make a full and complete exhibit and showing of the condition of said Estate at the July Term of such subsequent term of this court as said case (?) may be continued to and said admr. is hereby ordered to pay over to the holders of approved claims against the Estate and in payment of the expenses of administration all the funds that are now in his hands or a sufficiency is pay off the demand(s) against said Estate…

 

Page 251

 

…and that administrator be notified of this order.

 

State of Texas

County of Collin County Court of Collin County Pertaining to Estates August term 1861

In Session at the Court house in McKinney 1st day August 26th 1861

 

Estate of MARY A. DAWSON

 

At this day come JONAS DAWSON admr. of the Estate of MARY A. DAWSON Decd. and made his annual Report of the Condition of Said Estate, ordered by the Court that said report be approved.

 

Estate of THOS. ADAMSON Decd.

 

At this day comes CUMMINGHAM ADAMSON by petition and prays for the appointment of administrator on the Estate of THOS. ADAMSON Decd. and it appearing to the Court that notice of the application of C. ADAMSON for the appointment of administrator on the Estate of THOS. ADAMSON Decd. had been given as required by law and no one appearing and contesting the same, Ordered by the Court that CUMMINGHAM ADAMSON be and he is hereby appointed administrator of the Estate of THOS. ADAMSON Decd. and that letters be issued to the said C. ADAMSON upon his giving bond and good security in the sum of six thousand Dollars.

 

Estate of THOS. ADAMSON Decd.

 

Ordered by the court that L. ROUTH, W. L. WILSON and MO WILSON be and they are hereby appointed appraisers to appraise the Estate of THOS. ADAMSON Decd. and make Report to this Court.

 

Estate of SAML. BOGART Decd.

 

At this day J. H. HARBERGER Administrator of the Estate of SAML. BOGART Decd. presented Inventory and appraisement of the Estate of Said deceased, ordered by the court that the Said be…

 

Page 252

 

 

approved and recorded.

 

Estate of SAML. BOGART Decd.

 

Ordered by the Court that RACHEL BOGART Widow of SAML. BOGART Decd. be allowed the Sum of One hundred dollars for her maintenance for one year.

 

Estate of SAML. BOGART, Decd.

 

Ordered by the Court that there be and is hereby set apart for the use and benefit of RACHEL BOGART Widow of SAML. BOGART Decd. all such property as is exempted from execution or forced sale by the constitution laws of the state and it appearing to the court that there are but four head of cows among the property exempt from forced sale by the constitution and laws of the State of Texas ordered by the court that the Widdow (sic-Widow) as above be allowed in lieu thereof the Sum of ten Dollars.

 

Estate of SAML. BOGART, Decd.

 

Ordered by the court that J. H. HARBERGER proceed to sell at the late Residence of SAML. BOGART Decd. as the administrator of the Estate of said deceased all the personal property belonging to the Estate of SAML. BOGART Decd. at the earliest practicable period, giving first notice of the time and place of sale as required by law on a credit of Twelve months on all sums over five Dollars & for sums of five Dollars & under cash in hand, the purchaser giving note and good security. Also that Said J. H. HARBERGER administrator at the same place and time Hire one negro woman for 12 months and negro man untill (sic) the 25th day of Decr. next 1861 taking note and good security of the person or persons who may hire the same.

 

Estate of JONAS HUFFMAN Minor

 

At this day come J. H. HUFFMAN and in writing made his report of the condition of his Wards Estate to wit, that which Said report was examined by the court and ordered by the court that the same be approved.

 

Page 253

 

County Court of Collin County Pertaining to Estates

Aug. Term 1861 in Session 2d day Aug 27—1861

 

Estate of CHRISTOPHER STELZER Decd.

 

Now at this day come ELIZABETH STELZER wife and Surviving partner of CHRISTOPHER STELZER Decd. and in writing prays the Court for the appointment of Appraisers to appraise the Community property of herself and the said Deceased, Ordered by the Court that W. H. HERRON, S. P. BROWN and JNO. D. BROWN be and they are hereby appointed appraisers to appraise the community property of the said C. STELZER Decd. and ELIZABETH STELZER his wife and make report to this Court.

 

Estate MOSES JONES Decd.

 

At this day come B. R. HOUGHTON Admr. of the Estate of MOSES JONES and made his annual Report of the condition of said Estate, Ordered by the Court that the Same be approved.

 

Estate of MOSES JONES Decd.

 

At this day come B. R. HOUGHTON Admr. of the Estate of MOSES JONES Decd. and filed and presents an additional Inventory of said Estate, ordered by the Court that the same be Recorded by the clerk.

 

Estate of ELIZABETH HENDRIX, Decd.

 

Now at this day come WALTER YEARY Executor of the last will and testament of ELIZABETH HENDRIX and in open Court presented receipts showing full settlement with all the heirs of said Estate, ordered therefore by the court that he be and he is hereby discharged from his Trust.

 

Estate of the Minor heirs of MOSES JONES Decd.

 

At this day come HESSA JONES the mother of ABRAHAM, MELVINA, SIMEON and MOSES JONES heirs at law of MOSES JONES Decd. and in open Court made application for the appointment of Guardian for the person and property of the said ABRAHAM, MELVINA, SIMEON, and MOSES JONES, and it appearing to the Court that HESSA JONES is the mother of said minors ordered by the Court that HESSA JONES be and She is hereby appointed the Guardian of the above named children and that Letters be issued she having executed bond…

 

Page 254

 

…with good security. (issued)

 

Estate of SAML. BOGART Decd.

 

It appearing to the Court upon the petition of J. H. HARBERGER admr. of the Estate of SAML. BOGART Decd. that there is a necessity for the sale of Lands belonging to Said Estate for the payment of Debts, It is therefore Ordered by the Court that said administrator proceed to sell at the Court house Door in the Town of McKinney at public auction to the highest bidder on a credit of 12 months the following Described land Situated in Denton County 133 ½ acres out of the headright survey A. E. Norwood (?) taking bond and good Security and mortgage on said land to secure the payment of the purchase money first giving notice of the time and place of sale as required by law in such cases.

 

Estate of W. G. HAYWOOD, Decd.

 

Ordered by the Court that notice of the filing of the account current with the Estate of W. G. HAYWOOD for final Settlement of the Execution of said Estate and that said account will be acted upon at the September Term of this court.

 

Estate of JAS. STALLCUP Decd.

 

J. J. DICKENS

vs. Ordered by the Court that this

THOS. STALLCUP admr. cause be Continued for want

of Service and that citation

be issued for the next term of this Court.

 

Estate of the minor Heirs of THOMPSON HELMS Decd.

 

Now at this time Comes WM. H. HERRON and by petition prays for the appointment of Guardian of the person and property of the minor heirs of THOMPSON HELMS Decd. Ordered by the Court that WM. H. HERRON be and he is hereby appointed the Guardian of the minor heirs of THOMPSON HELMS in the place of THOMAS KENDALL removed and that Letters be issued to the said W. H. HERRON upon his giving bond in the sum (blank) dollars.

 

Page 255

 

State of Texas County Court of Collin County

County of Collin Pertaining to Estates Sept.

Term 1l861 Sept. 30th 1861

Present A. T. Robertson C. J. C.

Buford Henry Clerk

 

 

Estate of SAML. BOGART Decd.

 

At this time comes J. J. HARBERGER admr. of the Estate of SAML. BOGART Decd. and made report of the Sale of personal property belonging to said Estate and the Court examined Said sale and it appearing to the Court that Said Sale had been fairly made It is therefore ordered by the Court that the Same in all things be and is hereby Confirmed and that said Sale be recorded by the clerk.

 

Estate of SAML. BOGART Decd.

 

At this day come JACOB HARBERGER admr. of the Estate of SAML. BOGART Decd. and presents an account for $29.50 for Services rendered as administrator of said Estate, ordered by the Court that the Same be allowed.

 

Estate of THOS. ADAMSON, decd.

 

At this time come C. ADAMSON admr. of the Estate of THOS. ADAMSON Decd. and presented inventory and appraisement of said Estate, Ordered by the Court that said inventory and appraisement be approved and recorded by the clerk.

 

Estate of THOS. ADAMSON, Decd.

 

At this time come C. ADAMSON, admr. of the Estate of THOS. ADAMSON Decd. and by written petition prays the Court for an order of sale, of the entire of said Estate, Showing that Said property was perishable and liable to waist [waste] and that there [was] about $200 Debts against Said Estate besides Court and admr. fees, and it appearing to the Court that there is a necessity for the sale of said property, It is therefore ordered by the Court that the said admr. proceed to sell the property o \f Said Estate at the Earliest practicable time on a credit of 12 months on all Sums over five Dollars at the residence of Said admr. first giving notice of the time and place of said sale, the purchaser or purchasers giving note and good personal security to secure the payment of the purchase money said sale to be at…

 

Page 256

 

…public auction to the highest bidder.

 

County Court in Session Second day

Sept. Term Oct 1st 1861.

Present A. T. Robertson C. J. C.

Buford Henry Clerk

 

Estate of W. G. HAYWOOD, Decd.

 

At this time come FIELDEN TWEEDLE Executor of the estate of WM. G. HAYWOOD Decd. with his account current with Said Estate for final Settlement and the Court after examining Said account and it appearing to the Court that notice had been given of the filing of said account for final settlement with said Estate as required by law, and that said account is fairly made, and all the vouchers of said Executor properly authenticated, It is therefore ordered adjudged and decreed by the Court that Said account in all things be allowed and Confirmed.

 

Estate of W. G. HAYWOOD Decd.

 

It appearing to the Court that there is property of the Estate of H. G. HAYWOOD Decd. in the hands of FIELDEN TWEEDLE Executor of said Estate it is ordered by the Court in Compliance with the petition of said Executor that notice be given for the appointment of Commissioners to make partition and distribution of Said Estate among the heirs and distributes of said Estate at the next term of this court.

 

Estate of W. G. HAYWOOD Decd.

 

Ordered by the Court that the Clerk give notice that at the next term of this Court commissioners will be appointed to make partition of the Estate of W. G. HAYWOOD deceased and to all persons interested in Said Estate to come forward and show cause if any why partition and distribution of said Estate shall not be made among the legal heirs thereof.

 

Estate of W. G. HAYWOOD Decd.

 

Ordered by the court that F. TWEEDLE executor of the Estate of WM. G. HAYWOOD Decd. be allowed his account for $54.00 against Said Estate this day presented to the court, it being for Sundry articles of clothing for negro Mary & keeping man &c.

 

Page 257

 

Estate of SAML. BOGART Decd.

 

At this day Come J. H. HARBERGER admr. of the estate of SAML. BOGART Decd. and presented to the Court an additional Inventory and appraisement of the Estate of Said deceased, Ordered by the Court that the same be approved and recorded by the Clerk.

 

Estate of SAML. BOGART Decd.

 

At this day come J. H. HARBERGER admr. of Said Estate and presented to the Court an account against the Estate of SAML. BOGART decd. for $66.45 it being for 1820 Roles and amount due on settlement ordered by the Court that this cause be continued to the next term of this court.

 

Estate of SAML. BOGART Decd.

 

At this day comes J. H. HARBERGER admr. of the Estate of SAML. BOGART Decd. and asked the court for an order to Sell at private sale some 300 hundred bushels of shelled oats belonging to said Estate, ordered by the court that said admr. Sell Said oats at private Sale but not at a less price than that which is current for said article and make report to this Court.

 

Estate of E. ROLAND Decd.

 

At this day come J. R. H. PACE Admr. of the Estate of E. ROLAND and made his annual Report of the Condition of Said Estate, ordered by the Court that the same be approved.

 

Estate of the minor heirs of NANCY WILLIAMS and A. G. WILSON

 

JOHN FAIRES Ordered by the Court that this

vs. cause be continued to the

W. A. WILLIAMS next term of this Court for

Service and that citation be reissued.

 

Estate of JAS. STALLCUP Decd.

 

J. J. DICKSON Ordered by the Court that this

vs. cause be continued for service

THOS. STALLCUP admr. to the next term of this Court

 

Page 258

 

Estate of C. & E. STELZER Community Property

 

At this day come the appraisers appointed to appraise the Community property of C. STELZER Decd. and ELIZABETH STELZER the Surviving partner and wife of Said deceased and made their Report ordered by the Court that the same be approved and recorded.

 

State of Texas

County of Collin County Court of Collin County in

Session Special Term Oct 11th 1861

 

H. P. HORTON

At this day information in writing being given to the Chief Justice of Said County that H. P. HORTON a citizen of Collin County is non Corpus Mentis, Whereupon the Court caused twelve good and lawful members to be summoned as jurors to be and appear before him forthwith to inquire into the Soundness of the mind of the said HORTON and the said Jury being duly empanelled and the said H. P. HORTON being brought into Court and the Jury after hearing the testimony touching the soundness of the mind of the said H. P. HORTON and the placing of the said HORTON under restraint, Brought in the following verdict: We the Jury are of Opinion that H. P. HORTON is not of Sound mind and that he should be placed under restraint, DAVE (?) STIFF, Foreman. It is therefore ordered, adjudged and decreed by the Court that the said H. P. HORTON be placed under restraint and sent to the Lunatic Asylum of the State of Texas.

 

And upon further requisition, It appears to the Court that the said H. P. HORTON has no family that his Estate is of five or six hundred dollars value and that there are no persons legally liable for his support.

A.      T. Robertson C. J. C.. C.

 

Page 259

 

State of Texas County Court of Collin County

County of Collin Pertaining to Estates Oct. Term

1861 In Session Oct. 28th 1861

Present A. T. Robertson C. J. C.

Buford Henry Clerk

 

Estate of MOSES JONES Decd.

 

At this day come B. R. HOUGHTON admr. of the Estate of MOSES JONES Decd. for final settlement with said Estate, and it appearing to the Court that notice of the filing of the account current with said Estate for final Settlement had been given as required by law, and the Court proceeded to examine Said account and it appearing to the Court hat the same was fairly made out and no one appearing to contest the same, said account shows on hand in the hands of sd. admr $1010.45 in cash and after deducting Court fees publication fee and an account third day allowed sd. admr. of $24.25 leaves the sum of $974.73 in his hands There is also in his hands of debts uncollected $338.41. It is therefore ordered adjudged and decreed by the Court that said account current with the said Estate be and the same is approved.

 

Estate of MOSES JONES Decd.

 

It appearing to the Court upon Settlement of B. R. HOUGTON admr. of the estate of MOSES JONES Decd. with said Estate that there is in the hands of said admr. the following effects of sd. [said] Estate to wit--in cash $974.73—in debts uncollected $338.41—and of Lands as per Inventory Homestead 74 acres of land and undivided half of one acre upon which the Mill stands 20 acres undivided half and 150 undivided half 5 head of cows & claves [calves] and mare and colt set apart to the widow of said deceased with their increase together with the house hold and the kitchen furniture which now brought into hotchpotch (?) all of which is community property for description of the above named lands referenced here had to the title (?) papers and it appearing to the Court that HESSA JONES Widow of the decd., MARGARET YEARY, MARY McFARLAND, ELIZA DAY, all of whom have reached the years of majority, ABRAHAM JONES, MELVINA JONES, SIMEON JONES, and MOSES JONES all of whom are Minors, HESSA JONES their Guardian all of whom are resident Citizens of the State of Texas and the legatees and distributees of the Estate of…

 

Page 260

 

MOSES JONES Decd. Ordered by the Court that FEILDEN TWEEDLE, GREENBERRY ROBINSON and D. D. GRAYHAM be and they are hereby appointed Commissioners to make partition and distribution of the foregoing specified effects of said Estate among the distributes as afore named seting (sic-setting) apart to HESSA JONES Widow of the decd. in her own Right one half of the aforesaid named effects of said Estate and one seventh part of the other half named distributes of said Estate less $33.00 advancement made to MARGARET YEARY, less $25 advancement made [to] MARY McFARLAND, less $25 advancement to ELIZA DAY, less $30.00 ABRAHAM JONES advancement made to him taking into consideration quality and quantity and make report to the next term of this court.

County Court in Session Oct. 29, 1861

 

Estate of THOS. H. ADAMSON Decd.

 

At this day comes C. ADAMSON administrator of the Estate of THOS. H. ADAMSON Decd. with his account of Sale of the personal property of sd. deceased and it appearing to the court that said Sale had been fairly made therefore Ordered by the Court that the same be confirmed and recorded by the Clerk.

 

Estate of THOS. H. ADAMSON Decd.

 

At this day comes C. ADAMSON admr. of the Estate of THOS. H. ADAMSON and by petition prays for an order of Court for the private sale of the remaining unsold of the personal property of said deceased which could not be found at the time of the his public sale, Ordered by the Court that said admr. be allowed to sell said property at private sale but not for a less price than such property is rateing (selling?) at.

 

Estate of H. D. EAKLE Decd.

 

At this day J. STRAUGHAM admr. of the Estate of H. D. EAKLE Decd. and made report of the Condition of said Estate with his voucher, Ordered by the Court that the be (sic) and the same is hereby approved except the receipt of $15.00.

 

Estate of SAML. BOGART Decd.

 

Ordered by the Court that J. H. HARBERGER Admr. of the Estate of SAML. BOGART be cited to appear at the Novr. Term of this Court and give new Bond as such admr., done at the instance [of] D. STIFF one of his securities.

 

Page 261

 

Estate of W. G. HAYWOOD, Decd.

 

Ordered by the Court F. TWEEDLE Executor of the Estate of W. G. HAYWOOD Decd. be allowed as per his account against sd. Estate, Tavern Bill $3-75, percentage $104.35.

 

Estate of W. C. HAYWOOD Decd.

 

Ordered by the Court that the petition for the appointment of Commissioners to make partition and distribution of the Estate of W. C. HAYWOOD Decd. be continued to the Novr. Term of this Court.

 

Estate of the Minor Heirs of NANCY WILLIAMS & of A. C. WILSON

 

Ordered by the court that this cause be continued to the next Term of this court for want of service wherein JOHN FAIRE is petf. and W. A. WILLIAMS Deft. and that citation be issued.

 

Estate of JAS. STALLCUP Decd.

 

J. J. DICKSON

vs. Ordered by the Court that this cause

THOS. STALLCUP Admr. be Continued to the next term of

This Court for Service and that

Citation be issued.

 

Estate of DAVID PETRY Decd.

 

Ordered by the Court that the Clerk give notice that J. W. PERKINS has filed with this Court his account current with said Estate for final Settlement and that the same will be acted on at the Novr. Term of this Court 1861.

 

Estate of S. S. BLACKBURN Decd.

 

Ordered by the court that the clerk give notice that J. M. BOUNDS has filed with this Court his account current with said Estate for final Settlement and that the same will be acted on by Said Court at the Novr. Term 1861.

 

Page 262

 

Estate [of] W. M. SHERLEY Decd.

 

Ordered by the court that the clerk give notice that THOMAS M. SCOTT admr. [of] said Estate has filed his account current with said Estate in this court and that the same will be acted upon by this court at the Novr. [Term] 1861.

 

State of Texas County Court of Collin County pertaining

County of Collin to Estates Special Term

Novr. 13th 1861

 

LEWIS GRAVES

At this day information in writing being given to the Court that LEWIS GRAVES a citizen of Collin County is of unsound mind whereupon the Court had Twelve good and lawful Jurors summoned to be and appear before him, said jury being duly empanelled to try said cause who upon the hearing of the Testimony brought in the following verdict: We of the Jury found the foregoing evidence and from personal examination are satisfied that LEWIS GRAVES is of unsound mind or non compos mentis and return our verdict accordingly.

J. J. Howe Foreman

 

It is therefore ordered adjudged and decreed by the Court that the said LEWIS GRAVES be sent to the Lunatic Asylum of the State of Texas.

And upon further inquisition It appears to the court that the said LEWIS GRAVES has no family, that his Estate is about nine hundred dollars worth and that there are no persons legally bound for his support.

A. T. Robertson C. J. C. C.

 

Page 263

 

State of Texas The County Court of Collin County

County of Collin Pertaining to Estates Novr. Term in

Sessions 1st day 25th day Novr. 1861

 

Present A. T. Robertson C. J. C. C.

Buford Henry Clerk

 

Estate of MOSES JONES Decd.

 

At this day come D. D. GRAHAM and G. B. ROBINSON two of the Commissioners appointed by this court to make partition and distribution of the Estate of MOSES JONES Decd. and made their report of the partition and distribution of said Estate among the heirs and legatees of said Estate and it appearing to the court that said partition had been fairly made, It is ordered adjudged and decreed by the Court that said partition and distribution be confirmed by the Court and that the same be recorded by the Clerk and it further appearing to the court that B. R. HOUGHTON administrator of the Estate of MOSES JONES Decd. has delivered over to the heirs of Said Estate all the effects of Said Estate Ordered by the Court that the said B. R. HOUGHTON be and he is hereby discharged from his trust and the succession cease.

 

Estate of P. D. CRUME

 

At this day come JAS. C. FORMAN Guardian of PHILLIP D. CRUME by petition and account for final Settlement and discharge and the said PHILLIP D. CRUME in person being now of full age and the court being satisfied that notice of this settlement had been given according to law and upon examination of said final account with vouchers to maintain the same the court being satisfied that the items as therein charged are correct and the said P. D CRUME appearing in person in open Court and waving [waiving] all claim for interest on the money in Said Guardian’s hands beyond the amount as credited in said account It is therefore ordered adjudged and deemed by the court that said account be confirmed and it further appearing to the court that J. C. FORMAN Guardian as aforesaid has delivered over and into the hands of his said Ward P. D. CRUME as aforesaid all of his said Ward’s Estate as per the receipt of Said P. D. CRUME filed in this court, It is therefore ordered by the Court that the said J. C. FORMAN Guardian as aforesaid be and he is hereby discharged from his trust as the Guardian of the said P. D. CRUME.

 

Page 264

 

The County Court of Collin County Novr. Term in Session Second Day Novr. 26th 1861

 

Estate of J. P. STUART

 

At this day comes ALEX NEWMAN administrator of the Estate of J. P. STUART Decd. and made his annual Report of the Condition of said Estate Ordered by the court that said report be and the same is hereby approved.

 

Estate of W. M. SHIRLEY Decd.

 

At this day comes THOS. M. SCOTT administrator of the Estate of WM. M. SHIRLEY decd. by petition and account current with said Estate for final settlement and it appearing to the court that notice had been given according to law for said settlement this court examined said account and the vouchers accompanying the same and it appearing to the court that said account is fairly made and agreeing with the vouchers accompanying the same and no one appearing to contest said account and settlement It is therefore ordered adjudged and decreed by the court that said account current with said Estate be and the same is hereby confirmed and it further appearing to the court that there is nothing of said Estate remaining in the hands of said administrator, It is ordered by the court that THOS. M. SCOTT admr. as aforesaid be and he is hereby discharged from his trust and the succession be closed.

 

Estate of S. S. BLACKBURNE [BLACKBURN] Decd.

 

At this day comes J. M. BOUNDS admr. of the Estate of S. S. BLACKBURNE decd. by petition and his account current with said Estate for final Settlement and it appearing to the court that notice of said settlement had been given according to Law and this Court examining Said account current with said Estate and it appearing to the Court that said Settlement is fairly made with said Estate and no one appearing to contest the same, It is therefore ordered adjudged and decreed by the Court that said settlement be and the same is confirmed and it further appearing to the court that there is nothing of said Estate remaining in the hands of said admr. ordered by the Court that said Administrator be discharged and the succession closed.

 

Page 265

 

Estate of THOS. SHAINE Decd.

 

At this day come DAVID STIFF admr. of the Estate of THOS. SHAINE Decd. and made report of sale of the Estate of Said decd, Ordered by the Court that the same be recorded by the Clerk.

 

Court in Session 3d day Novr. 27th 1861

 

Estate of W. G. HAYWOOD Decd.

 

It appearing to this Court that there is remaining in the hands of FIELDEN TWEEDLE executor of the Estate of W. G. HAYWOOD decd. upon final Settlement the following effects of Said Estate to wit: One Negro man SAM, one Mare and horse and in cash $211-65 for distribution among the Legatees and distributes of said Estate and It appearing to the Court from the last Will and testament of the said deceased that EUDORA J. HAYWOOD, ELIZABETH HAYWOOD and GEORGE HAYWOOD are the only distributees under said last Will and testament entitled to shares in said Estate, It is therefore ordered adjudged and decreed by the Court that FIELDEN TWEEDLE Executor as aforesaid disburse of said effects of said Estate as follow to wit to EUDORA J. HAYWOOD the aforesaid Negro man SAM and in cash $163-41 or to her legal representative, to ELIZABETH HAYWOOD in cash $48-24-or her legal representative and to GEORGE HAYWOOD one mare designated in the will of said deceased as the mare at Sugar hill and one horse, the colt of said mare taking each of their receipts for the same and upon the filing of said receipts in this Court said Executor to be discharged by an order of this court from his trust.

 

Estate of DAVID PETRY [PETREY] Decd.

 

At this day comes J. W. PERKINS administrator of the Estate of DAVID PETRY Decd. and by petition and account current with said Estate for final Settlement and it appearing to the Court that notice had been given according to law for said settlement and this court proceeded to examine said account for final settlement with said Estate and it appearing to the Court that said account was fairly made and no one appearing to contest the same It is therefore ordered adjudged and decreed by the court that said account and settlement in all things be and the Same is hereby confirmed.

 

Page 266

 

Estate of DAVID PETREY, Decd.

 

It appearing to the court upon the final Settlement of the administrator of the Estate of DAVID PETREY Decd. that there is remaining in the hands of said administrator of said Estate the sum of Fifteen 41/100 dollars and heirs, devisees or legatees of the Estates or their assignees or either or any of them not appearing in court and are not represented in court, It is therefore ordered adjudged and decreed by the Court that J. W. PERKINS administrator of the Estate of DAVID PETREY Decd. pay to the Treasurer of the State of Texas said Sum of Fifteen 41/100 dollars.

 

Estate of JAS. STALLCUP Decd.

 

J. J. DICKSON

vs. Ordered by the court that this

THOS. STALLCUP admr. cause be continued to the

next term of this court for Serv-

ice

 

Estate of SAML. BOGART Decd.

 

DAVID STIFF

vs. Ordered by the Court that this

J. H. HARBERGER cause be continued to the

Next term of this Court for service.

 

 

Estate of Minor heirs of NANCY WILSON & A. G. WILSON

 

JOHN FAIRES

vs. Ordered by the Court that this

W. A. WILLIAMS Guard. Caused be continued for service

A. T. Robertson C. J. C. C.

 

I, the undersigned Postmaster of McKinney, certify that a certified transcript of an order of the County Court of Collin County ordering J. W. PERKINS admr. of the Estate of DAVID PETREY Decd. to pay the Treasurer of the State of Texas the sum of Fifteen 41/100 dollars was in my office directed to the Treasurer of the State at the seat of Government of this State this Novr. 28th 1861.

Geo. H. Pegues P. M.

McKinney, Texas

 

Page 267

 

State of Texas The County Court of Collin

County of Collin County pertaining to Estates

Decr. Term 1861 in Session Decr.

30th 1861

Present A. T. Robertson Chief Justice

Buford Henry Clerk Co. Court

 

Estate of Minor heirs M. WILHIGHT [WILHITE]

 

At this day personally appeared in Court NANCY WILHIGHT the mother of MARTHA C. WILHIGHT, A. C. WILHIGHT and SARAH I. WILHIGHT and prays the Court for the appointment of Guardian of the personas and property of Said Children and the Court being satisfied that eh Said NANCY WILHIGHT is the mother of said Minor children, It is therefore ordered adjudged and decreed by the court that the said NANCY WILHIGHT be and she is hereby appointed the Guardian of Said Minor children and that letters be issued to the said NANCY WILHIGHT giving bond in the Sum of $3700.

 

Estate of H. P. HORTON Non Compos Mentis

 

Now at this day comes ROBT. A. RIKE and in open Court make application for appointment of Guardian of the property of H. P. HORTON Non Compos mentis and it appearing to [the] Court form inquisition that he is of unsound mind, It is therefore ordered by the Court that ROBERT A. RIKE be and he is herby appointed Guardian of the property of the said H. P. HORTON and that letters be issued to the Said RIKE upon the given bond in the sum of $800.

 

Estate of H. P. HORTON Non Compos Mentis

 

Ordered by the Court that FIELDEN TWEEDLE, WALTER YEARY and JACOB MORE (MOORE?) be and they [are] appointed to appraise the Estate of H. P. HORTON and return inventory of the same to this court forthwith.

 

Estate of JOHN PATTERSON Decd.

 

At this day come JAS. PATTERSON and by petition prays for the appointment of administrator on the Estate of JOHN PATTERSON Decd. and it appearing to the court that notice of the application of the said JAS. PATTERSON for the appointment of administrator upon the said Estate had been given according to law and no one appearing to contest said appointment It is ordered by the Court that JAS. PATTERSON be and he is hereby appointed administrator of the Estate of JOHN PATTERSON Decd. and that letters….

 

Page 268

 

…be issued upon his, the said JAS. PATTERSON giving bond on the sum of $5000. issued.

 

Estate of JOHN PATTERSON Decd.

 

Ordered by the Court that JOHN MCMINN, HARRISON BRUMMETT & JOSHUA GOTCHER be and they [are appointed] appraisers to appraise the Estate of JOHN PATTERSON Decd. and return inventory to this court at the next term.

 

Estate of PETER FISHER Decd.

 

At this day appeared in open court ELIZABETH T. FISHER and NAPOLEON B. FISHER Executrix and Executor of the last will and testament of PETER FISHER deceased and presented in open Court the same for probate and it appearing to the court that notice for the probate of said will had been given according to law and no one appearing to contest the same and JAMES S. ROBINSON and JOHN FAIRES subscribing witnesses to said last will and testament and making oath in due form of law that the said PETER FISHER signed said will in their presence and that they signed the same as witnesses in the presence of the said PETER FISHER Decd. it is therefore ordered adjudged and decreed by the Court that Said last will and Testament of the said PETER FISHER be recorded by the clerk and that letters be issued to the said ELIZABETH T. FISHER and NAPOLEAN B. FISHER Executrix and Executor of said will and that they are hereby appointed Executrix and Executor of said last will and testament of PETER FISHER Decd.

 

L. J. ADAMSON and THODORE ADAMSON Minors.

 

At this day comes J. C. JOSLIN and by Petition prays for the appointment of Guardian of the persons of L. J. ADAMSON and THEODORE ADAMSON Minors under the age of 14 years and it appearing to the Court that notice had been given of said J. C. JOSLIN’S application and no one appearing to contest said appointment, It is therefore ordered adjudged and deemed by the Court that J. C. JOSLIN be and he is hereby appointed Guardian of the persons of said J. L. and THEODORE ADAMSON and that letters be issued to the said J. C. JOSLIN he having Given bond. Issued.

 

Page 269

 

Estate of JAMES & WILLIAM GUMMELS Minors

 

At this day comes G. W. GUMMELS and by petition prays the Court for the appointment of Guardian of the person and property of JAMES & WILLIAM GUNNELS minors under the age of 14 years. And it appearing to the Court that the said G. W. GUNNELS is the Father of the said JAMES and WILLIAM, It is ordered by the Court that G. W. GUNNELS be and he is hereby appointed the Guardian of the person and property of JAMES and WILLIAM GUNNELL and that letters be issued to the said G. W. GUNNELS he having executed his bond----- issued.

 

Estate of H. P. HORTON Non Compos Mentis

 

Now come FIELDEN TWEEDLE, WALTER YEARY, and JACOB MOORE appraisers appointed to appraise the Estate of H. P. HORTON Non Compos Mentis and makes their Report ordered by the Court that the cause be approved and recorded by the clerk.

 

Estate of H. P. HORTON Non Compos Mentis

 

Ordered by the Court that R. A. RIKE admr. of the Estate of H. P. HORTON Non Compos Mentis proceed to Sell in the town of McKinney on Saturday the 11th day of January 1862 at public auction for cash to the highest bidder all the personal Estate of the said H. P. HORTON non comps mentis, said sale in the opinion of the court being necessary for the payment of Court fees and the defraying of the expenses of the said H. P. HORTON now in the Lunatic Hospital of the State of Texas.

 

Estate of Minor heirs of NANCY WILLIAMS and A. G. WILSON

 

JOHN FAIRES

vs. Ordered by the Court that this cause

THOS. STALLCUUP admr. be continued for want of Service

And that citation be issued

 

 

Page 270

 

Estate of PETER FISHER, Decd.

 

Ordered by the Court that WILLIAM SNIDER, JUNIS (JAMES?) WETSEL and GEORGE W. EASTES [EASTUS] be and they are appointed appraisers to appraise the estate of PETER FISHER Deceased and return inventory to the next term of this Court.

 

Estate of SAML. BOGART Decd.

 

DAVID STIFF

vs. Ordered by the court that this

J. H. HARBERGER, admr. cause be continued for Service

And that citation be issued

A.      T. Robertson C. J. C. C.

 

State of Texas

County of Collin The county Court of Collin County pertaining

to Estates Jany. Term 1862 in Session 1st

day Jany 27—1862

 

Estate of the Minor Heirs of JOHN SPEAR JR.

 

At this day comes JOHN SPEAR SR. Guardian of said minors and made his report of the condition of the Estate of said minors—together with an act against said minors of $43-60. Said Guardian Reports on hand $338-28. Ordered by the court that said report be approved by the court.

 

Estate of LEWIS GRAVES Non Compos Mentis

 

At this day comes WILEY M. GRAVES by petition and prays for the appointment of Guardian of the Estate of LEWIS GRAVES Non Compos Mentis and it appearing to the Court that notice of said application had been given as required by Law and there being no objection which the Court considered of sufficient importance to refuse said appointment. It is therefore ordered by the Court that WILEY M. GRAVES be and he is hereby appointed Guardian of the property of LEWIS GRAVES Non Compos Mentis and that letters be issued upon the giving of bond by the said W. M. GRAVES in the sum of two thousand Dollars.

 

Also ordered by the court that JOHN McMINN, JAMES HARRIS and HARRISON BRUMMETT be and they are hereby appointed appraisers to appraise the Estate of LEWIS GRAVES non compos mentis and make report to this court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





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Sue Patterson